UNITED STATES DEPARTMENT OF COMMERCE OFFICE OF THE DIRECTOR/THE ASSISTANT ADMINISTRATOR FOR FISHERIES April 12, 1990 Mr. Koji Imamura Councillor Department of Oceanic Fisheries Fisheries Agency of Japan 2-1, 1-Chome, Kasumigaseki Tokyo 100, Japan Dear Mr. Imamura: Thank you for your letters of April 12, 1990, regarding the collection and exchange of scientific information under the 1990 programs for the Japanese squid driftnet and large-mesh driftnet fisheries and the enforcement programs for these fisheries. The U.S. Government reaffirms its support for the United Nations General Assembly Resolution, "Large Scale Pelagic Driftnet Fishing and its Impacts on the Living Marine Resources of the World's Oceans and Seas." We are pleased to participate in the programs designed to collect and share scientific data. Our participation in these programs, however, does not signify our satisfaction with, or approval of, the measures described in your letters, their Annexes and Attachments, as effective to prevent unacceptable impacts of these fisheries on the living marine resources of the North Pacific or to ensure the conservation of these resources. We have repeatedly and consistently protested the Fisheries Agency of Japan's decision to extend the northern boundary of the squid fishery for July and August. Such an expansion of the fishery is unwarranted in view of the risk that such expansion will have unacceptable impacts on the living marine resources of the region. We place great importance on your decision, in the regulatory, enforcement, and information gathering program, to revise the boundary next year if the results of the scientific program warrant a change. Finally, we would like to repeat the position of the U.S. Government that the United States has jurisdiction over U.S.-origin anadromous species throughout their migratory range, except during the time they are found within another nation's territorial sea or 200-mile zone as recognized by the United States. The United States has great concern for all living resources of the North Pacific, as expressed in the United Nations Resolution mentioned previously. Sincerely, William W. Fox, Jr. Edward E. Wolfe Deputy Assistant Secretary Oceans and Fisheries Affairs Department of State Agreement Between the Government of the United States of America and the Government of Japan Regarding Squid and Large-Mesh Driftnet Fisheries, Tokyo and Washington, 1991 Done at Tokyo and Washington 12 and 23 April 1991 Primary source citation: Copy of text provided by the FISHERIES AGENCY MINISTRY OF AGRICULTURE, FORESTRY AND FISHERIES, GOVERNMENT OF JAPAN April 12, 1991 Mr. David A. Colson Deputy Assistant Secretary Oceans and Fisheries Affairs Dr. William W. Fox, Jr. Assistant Administrator for Fisheries National Marine Fisheries Dear Mr. Colson/Dr. Fox: I have the pleasure to write this letter concerning the observer program with respect to the Japanese squid and large-mesh driftnet fisheries operating during the coming season in the high seas area of the North Pacific beyond the 200-mile zone of any coastal states. The details of this program are set forth in the attached Annexes A, B, and C. I would like to notify you of the intention of the Japan Squid Driftnet Fishery Association and the Japan Large-Mesh Driftnet Fishery Association to take the voluntary measures to accept Japanese researchers and North American scientific observers on board Japanese squid driftnet and large-mesh driftnet vessels for the time periods specified in the Annexes. I understand that logistical details of the program have been agreed upon by the appropriate organizations of Japan, Canada, and the United States. I also understand that each side will be responsible for bearing the expenses incurred with respect to the boarding of its own scientific observers. *This Agreement expired on 30 June 1992. In addition, I would like to notify you of the plan of the Fisheries Agency of Japan to send scientific research vessels to the North Pacific in 1991 to collect various scientific data with respect to the Japanese squid and large-mesh driftnet fisheries as follows: 4 research vessels to the squid driftnet fishing area 1 research vessel to the large-mesh driftnet fishing area The Japanese side is ready to accept North American scientists on board these five vessels mentioned above, on condition that the boarding expenses will be borne by the Canadian or U.S. side that dispatches the scientist. The Canadian and U.S. sides will be provided with the details of the research plan and are requested to inform the Japanese side in a timely fashion of their intent to participate in the research cruises. I would like to state that the program has been devised in response to your interests with respect to the Japanese high seas squid and large-mesh driftnet fisheries and their impact on the stocks of various species, particularly recognizing the significance of collecting adequate information on the incidental take of anadromous species in these fisheries, taking into account the 1989 and 1990 observations, and with full respect to United Nations General Assembly Resolutions 44/225 and 45/197. I understand that Japanese, Canadian and the U.S. sides share the view that the data to be obtained from the programs are intended to provide statistically reliable information. Finally, I would like to repeat the basic position of the government of Japan on the subject of high seas fishing including, but not limited to, the squid and large-mesh driftnet fisheries; that is, the research programs and other activities with regard to those high seas fisheries should be undertaken under the responsibility and initiative of the flag state, i.e., Japan. The arrangements described below represent the process for collecting, handling, and providing driftnet fishery data by Japanese and North American scientific observers during 1991. The purpose of these activities is to secure statistically reliable information on the catch of target species such as squid and the incidental take of salmonids, all other fin fishes, marine mammals, seabirds, sea turtles, and other species of marine life. 1. Observer Deployment A. Squid Driftnet Fishery During 1991, 10 Canadian, 30 U.S. and 21 Japanese scientific observers will be deployed aboard 61 commercial driftnet vessels throughout the driftnet fishing area to monitor an average of 44 driftnet operations each so that a minimum of 2626 operations will be observed throughout the fishing season and area. Observers will be deployed to reflect the typical monthly pattern of fishing effort based on the 1990 season. Allocation of the observer effort will follow the plan in Table 1. Observers are also to be deployed on vessels by type (large and small classes) in proportion to the 1990 fishing effort by each vessel type. Out of 61 observers, 45 will be on large type vessels (over 100 gross tons)1 and 16 on small type vessels (under 100 gross tons). These monthly numbers of observed operations are a guideline based on the distribution of fishing effort in the 1990 fishing season; the actual numbers may vary. However, the minimum total number of observed operations will be 2626. 2Assumptions: 1. A total of 2626 observed driftnet operations will provide bycatch estimates within plus or minus 10% tolerable error at a confidence interval of 90% based on 1990 fishing effort. 2. Observers will monitor about 81% of vessel operations during a month. This is a correction for operations that are not monitored due to work breaks, weather conditions and transits within the fishing grounds. 3. The estimated number of observers will be on board fishing vessels continuously on the fishing grounds. This schedule does not account for transit time between port and the fishing grounds. B. Embarkation and Disembarkation of Observers In principle, embarkation and disembarkation of North American scientific observers will be from Japanese ports designated by the Japanese side. Further details regarding arrangements for observation of Japanese high seas squid driftnet operations are addressed in Annex C of this letter. Each North American scientific observer will present a Letter of Introduction to the ship's master which will describe the detailed arrangements consistent with understandings among the appropriate organizations of Japan, Canada and the United States for deployment, observation, and other terms and conditions as appropriate. Such Letter of Introduction should be written in Japanese. The Japanese side will provide the ship's master and crew of each squid driftnet vessel with written instructions describing duties of scientific observers and required assistance from the crew. 2. Data Collection A. Data to be Collected. For each operation, observers will collect the following data in accordance with standardized procedures and format: (a) Information on fishing methods including net mesh-sizes, method of net deployment (i.e., whether the vessel fished individually or in conjunction with other vessels), depth of the top of the net from the water surface, total net depth from corkline to lead line, true compass direction of the set, length (meters) of a tan of net (as measured by the observer), number of tans per net section, number and arrangement of net sections deployed per net set, and tans of net lost or discarded, description of net materials, number of driftnet vessels fishing in an array and number of such arrays in the area (within 15 nm of the observer vessel as determined from the radio officer's daily “array chart” and RADAR); (b) Environmental conditions at the beginning and again at the ending of each net deployment, including: surface water temperatures, weather conditions (wind speed and direction), and sea condition (swell height); (c) Date and location of net at the time of the beginning and the end of the set and at retrieval to nearest minute of latitude and longitude as recorded by the scientific observer directly from the navigation equipment; (d) Catches and take of all species, including target species and incidental take species, recorded by each net section observed. Dropout rates will be recorded in accordance with the procedures agreed upon at the March 1990 meeting in Tokyo by scientists of Canada, Japan and the United States, described in section B below (“Agreed Procedures") and as may be modified in subsequent meetings early in 1991. (e) The vertical distribution of seabirds and seabird prey species (such as squid, saury, and pomfret) in the net webbing may be recorded by net section. (f) Observers will record biological information from any salmonid incidentally caught. For the 1991 observer program, this information will include the taking of scale samples, species determination, sex, fork length measurement and the collection of snouts from all salmonids missing the adipose fin. Gonad weight will be measured whenever feasible. After sampling, the salmonids will be returned to the water in compliance with Japanese domestic regulations. All salmonid information will be exchanged by the appropriate authorities of Japan, Canada and the United States by February 1, 1992. (g) Observers will record biological information from any sea turtles caught. Carapace measurements will be taken whenever feasible. Whenever conditions permit, turtles taken alive will be freed from the net or net fragments, tagged by the observer, and released. Turtles taken aboard dead may be dissected for examination of stomach contents and collection of organs or tissue samples. All biological data from sea turtles will be exchanged by the appropriate authorities of Japan, Canada and the United States by April 1, 1992. (h) Observers will record biological information and collect biological samples, including structures for age determination, and length measurements from flying squid, albacore and other tunas, billfishes, sharks, and other non-salmonid fishes. All biological data from squid and non-salmonid finfishes will be exchanged by the appropriate authorities of Japan, Canada and the United States by April 1, 1992. (i) Observers will record biological information and collect biological samples in accordance with the Agreed Procedures from marine mammals incidentally caught. The data will include species, sex, body length, lactation, pregnancy, fetal length and sex. The samples will include stomachs, tissues, skulls, teeth and reproductive organs. These data will be exchanged by the appropriate authorities of Japan, Canada and the United States by April 1, 1992. (j) Observers will record biological information and collect biological samples from sea birds incidentally caught in accordance with the Agreed Procedures. The data will include species, color phase, age, brood patch, culmen length, wing length, molt, stomach contents, sex, weight and the collection of and information on, all recovered tags and bands. One whole specimen of each species may be retained and frozen as a voucher specimen by each observer. These data will be exchanged by the appropriate authorities of Japan, Canada and the United States by April 1, 1992. (k) Observers may record data on sightings of marine mammals and seabirds when the vessel is in transit to a new fishing location. The data will include standard sighting information such as location, environmental conditions, species sighted, number of animals sighted, distance from the vessel, etc. Such sighting activity is not to alter the course or interrupt in any way the normal operations of the vessel, except that access to information on the vessel's position and environmental conditions will be assured. (1) Secure freezer space adequate (up to 2 m3 for vessels of 100 gross tons or larger and 1 m3 for vessels smaller than 100 gross tons) to hold biological samples and specimens will be available for the observer. Specimens will be promptly removed from the ship's freezers upon the vessel's arrival in port. (m) Observers, without neglecting their duties aboard the host vessel as described herein, may record observations of the fishing operations of other nations. This activity will consist of visual observation and recording of a description of activities observed and is not intended to disrupt or divert the host vessel in anyway from its normal fishing activities. These data will be exchanged by the appropriate authorities of Japan, Canada and the United States at the same time as other observer information is exchanged following return of observers to port. |