An Agreement Between The Government Of The United States And The Government Of The Russian Federation Amending And Extending The Agreement On Mutual Fisheries Relations Of May 31, 1988, PURSUANT TO 16 U.S.C. 1801 ET SEQ
Source: Unofficial
NOVEMBER 19, 1993. - Message and accompanying papers referred to the Committee on Merchant Marine and Fisheries and ordered to be printed
To the Congress of the United States:
In accordance with the Magnuson Fishery Conservation and Management Act of 1976 (Public Law 9265; 16 U.S.C. 1801 et seq.), I transmit herewith an Agreement Between the Government of the United States of America and the Government of the Russian Federation Amending and Extending the Agreement on Mutual Fisheries Relations of May 31, 1988. The agreement, which was effected by an exchange of notes at Washington on March 11 and September 15, 1993, extends the 1988 agreement through December 31, 1998. This agreement also amends the 1988 agreement by simplifying the provisions relating to the issuance of licenses by each Party to vessels of the other Party that wish to conduct operations in its 200-mile zone and by adding the requirement that the Parties exchange data relating to such fishing operations. The exchange of notes together with the present agreement constitute a governing international fishery agreement within the meaning of section 201(c) of the Act.
The agreement provides opportunities for nationals and vessels from each country to continue to conduct fisheries activities on a reciprocal basis in the other country's waters. The agreement also continues a framework for cooperation between the two countries on other fisheries issues of mutual concern. Since the 1988 agreement expired October 18, 1993, and U.S. fishermen are conducting operations in Russian waters, I strongly recommend that the Congress consider issuance of a joint resolution to bring this agreement into force at an early date.
WILLIAM J. CLINTON.
THE WHITE HOUSE, November 19,1993.
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March 11 1993
His Excellency
Vladimir P. Lukin, Ambassador of the Russian Federation.
Excellency:
I have the honor to refer to the Sixth Meeting of the U.S.-Russia Intergovernmental Consultative Committee on Fisheries held at Washington January 11 and 12 1993 and to the Agreement on Mutual Fisheries Relations with Annexes signed st Moscow May 31 1983 (the Agreement)
I have the honor to propose on behalf of my Government that Annex I of the Agreement be replaced in its entirety by the Annex attached to this note and that the Agreement now scheduled to expire on October 28 1993 be extended through December 31 1998.
I also have the honor to propose that Article V of the Agreement be amended to read as follows " Permits for fishing in the zone of each party, and information on such fishing, shall be issued pursuant to Annex I, which constitutes an integral part of this Agreement."
I have the further honor to propose that if this is acceptable to Your Excellency this note and Your Excellency's note in reply shall constitute an agreement between our two Governments which shall enter into force on a date to be determined in a subsequent exchange of diplomatic notes following the completion of all necessary internal procedures of both parties.
Accept Excellency the renewed assurances of my highest consideration.
For the Secretary of State
(signature)
Attachment:
Revised Annex I.
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ANNEX I
PERMIT ISSUANCE PROCEDURES AND EXCHANGE OF INFORMATION ON FISHING OF THE PARTIES IN EACH OTHER'S ZONES
The following procedures shall govern the issuance of annual permits to vessels of the other Party for the conduct of fishing for living marine resources in respect of which the other Party exercises management authority and the exchange of information on such fishing
1. Permits for fishing in the zone of the other Party shall be issued in accordance with the laws and regulations of the other Party
2. The other Party shall notify the requesting Party of the terms and conditions regarding fishing for living marine resources in its zone by vessels of the requesting Party, and of the tonnage of living marine resources harvested, processed or otherwise taken on board or transshipped by each permitted vessel.
3. Each Party shall cooperate to exchange data pertaining to living marine resources harvested in its zone by permitted vessels of the other Party and transshipped between their zones
4. The procedure for the exchange of information and data specified in paragraphs 2 and 3 of this Annex will be developed by technical experts of the Committee formed pursuant to Article XIV
5. Each Party shall make available information on fishing for living marine resources in its zone by permitted vessels of the other Party only to that other Party
6. The Provisions of this Annex may be amended by agreement through an exchange of notes between the Parties
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DEPARTMENT OF STATE OFFICE OF LANGUAGE SERVICES Translating Division
LS No. 142590 Russian TM/
Washington, September 15, 1993 No. 62
His Excellency,
Warren CHRISTOPHER,
Secretary of State of the United States of America, Washington, D.C.
Dear Mr Secretary:
I have the honor to confirm receipt of your note of March 11, 1993, which reads as follows:
Your Excellency
I have the honor to refer to the Sixth Meeting of the U.S.- Russia Intergovernmental Consultative Committee on Fisheries, held at Washington January 11 and 12, 1993, and to the Agreement on Mutual Fisheries Relations, with Annexes, signed at Moscow May 31, 1988 (the Agreement).
I have the honor to propose, on behalf of my Government, that Annex I of the Agreement be replaced in its entirety by the Annex attached to this note, and that the Agreement, now scheduled to expire on October 28, 1993, be extended through December 31, 1998.
I also have the honor to propose that Article V of the Agreement be amended to read as follows 'Permits for fishing in the zone of each party, and information on such fishing, shall be issued pursuant to Annex I, which constitutes an integral part of this Agreement.'
I have the further honor to propose that, if this is acceptable to Your Excellency, this note and Your Excellency's note in reply shall constitute an agreement between our two Governments, which shall enter into force on a date to be determined in a subsequent exchange of diplomatic notes following the completion of all necessary internal procedures of both parties.
Accept, Excellency, the renewed assurances of my highest consideration.
Annex I
Permit issuance procedures and exchange of information on fishing of the parties in each other's zones.
The following procedures shall govern the issuance of annual permits to vessels of one Party for the conduct of fishing for living marine resources in respect of which the other Party exercises management authority over fishing and the exchange of information on such fishing.
1. Permits for fishing in the zone of the other Party shall be issued in accordance with the laws and regulations of the other Party pertaining to this matter.
2. The other Party shall notify the requesting Party of the terms and conditions regarding fishing for living marine resources in its zone by vessels of the requesting Party, and of the tonnage of living marine resources harvested, processed, or otherwise taken on board, or transshipped by each permitted vessel.
3. Each Party shall cooperate by exchanging data pertaining to living marine resources harvested in its zone by permitted vessels of the other Party and transshipped between their zones.
4. The procedure for the exchange of the information and data specified in paragraphs 2 and 3 of this Annex will be developed by technical experts of the Committee formed pursuant to Article XIV.
5. Each Party shall make available information on fishing for living marine resources in its zone by permitted vessels of the other Party only to that Party.
6. The provisions of this Annex may be amended by agreement through an exchange of notes between the Parties.
I have the honor to inform you that the Government of the Russian Federation concurs that your note and this note in reply should be considered an agreement between our Governments on this matter Considering that all necessary internal procedures have been followed in the Russian Federation, we assume that this agreement shall enter into force on the date on which the American Side informs us by diplomatic note of the completion of its necessary internal procedures.
Accept, Mr Secretary, the renewed assurances of my highest consideration.
Sincerely,
(signature)
Vladimir LUKIN, Ambassador of the Russian Federation to the U.S.A., Washington, D.C.
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ANNEX I [as amended in 1993]
PERMIT ISSUANCE PROCEDURES AND EXCHANGE OF INFORMATION ON FISHING OF THE PARTIES IN EACH OTHER'S ZONES
The following procedures shall govern the issuance of annual permits to vessels of the other Party for the conduct of fishing for living marine resources in respect of which the other Party exercises management authority and the exchange of information on such fishing
1. Permits for fishing in the zone of the other Party shall be issued in accordance with the laws and regulations of the other Party
2. The other Party shall notify the requesting Party of the terms and conditions regarding fishing for living marine resources in its zone by vessels of the requesting Party, and of the tonnage of living marine resources harvested, processed or otherwise taken on board or transshipped by each permitted vessel.
3. Each Party shall cooperate to exchange data pertaining to living marine resources harvested in its zone by permitted vessels of the other Party and transshipped between their zones
4. The procedure for the exchange of information and data specified in paragraphs 2 and 3 of this Annex will be developed by technical experts of the Committee formed pursuant to Article XIV
5. Each Party shall make available information on fishing for living marine resources in its zone by permitted vessels of the other Party only to that other Party
6. The Provisions of this Annex may be amended by agreement through an exchange of notes between the Parties
