(b) A final report reviewing data identified in section III(A) collected by CCNAA and AIT scientific observers during 1991 will be jointly produced by the appropriate representatives by May 1, 1992. The preliminary data sets and the final report will include data collected on the catch and bycatch of all species. If there are disagreements between the cooperating authorities pertaining to the data sets or reports, the differences will be described therein. 2. All observed field data per set shall not be opened to the public. The final reports of the observations made by CCNAA and AIT scientific observers shall not be opened to the public until their completion as specified in Section IV(B) (1) (b). 1. V. Research Coordination Recognizing that the authorities represented by AIT and CCNAA are conducting research programs relevant to the interpretation of driftnet fisheries observer data, the range and scope of potential cooperation in these programs should be thoroughly considered prior to implementation of the 1991 driftnet fisheries observer program. Scientists of CCNAA and AIT familiar with these programs will exchange views on potential collaboration and specify actions to be taken in the following areas by April 1, 1991: (a) Current and anticipated research on the biology and population dynamics of species taken in the North Pacific driftnet fisheries; (b) Current and anticipated research on the physical and biological oceanography of the high seas driftnet fishing area; (c) Current and anticipated research plans and development of fisheries technologies relevant to driftnet fisheries and avoidance of non-target species; and (d) 2. Research vessel and chartered fishing vessel activities for the North Pacific high seas region in 1991. A report on results of the 1991 research cruises in the driftnet fishing areas will be exchanged within 90 days after the completion of the cruises by the DOF on behalf of CCNAA and the NMFS on behalf of AIT. 3. Reports of results of other research related to the high seas driftnet programs will be exchanged by the DOF on behalf of CCNAA and the NMFS on behalf of AIT upon completion. I have the honor to refer to the consultations between the representatives of the American Institute in Taiwan (AIT) and Coordination Council for North American Affairs (CCNAA) held in Hawaii during the week of March 18, 1991 regarding high seas driftnet fisheries in the North Pacific Ocean. I would also refer to the proposed agreement reached as a result of said consultations, including the Regulatory Program (Annex I), the Monitoring Program (Annex II), and the Record of Discussions. Recalling the concern expressed in the United Nations General Assembly Resolution 44/225, regarding large-scale pelagic driftnet fishing and its impact on the living marine resources of the world's oceans and seas, my authorities place great reliance on the commitment of your authorities to implement the attached proposed agreement. Specifically, the authorities represented by CCNAA are committed (1) to implement fully the regulatory and monitoring programs contained in Annexes I and II; (2) to accept eleven AIT scientific observers on board eleven driftnet vessels from the territory represented by CCNAA, in accordance with the provisions and arrangements specified in Annex II; and (3) to accept the arrangement reflected in the Record of Discussions. As you know, scientists representing AIT and CCNAA at meetings held in Seattle, Washington during the week of March 25, 1991, jointly developed an agreed plan for deploying both AIT and CCNAA scientific observers aboard commercial driftnet vessels from your territory. I understand that AIT and CCNAA scientific observers will be deployed on vessels in proportion to the fishing effort of the various vessel size categories and fishery types. I further understand that the list of commercial driftnet vessels that will host AIT scientific observers will be provided to the National Marine Fisheries Service by April 15, 1991 [pursuant to Annex II, Section I (B) (1)] and will include vessels distributed among size categories and fishery types in accordance with the mutually developed scientific plan. If the enclosed agreement is acceptable to your authorities, this letter and its enclosures, together with your reply, shall constitute an agreement between AIT and CCNAA. This agreement shall enter into force upon your reply and continue, as specified, until June 30, 1992. Finally, the authorities represented by AIT reaffirm the position that they have jurisdiction over anadromous species that spawn in the rivers and coastal waters of the territory represented by AIT, and reserve their rights and privileges under international law and practice. This agreement should not be understood to condone the practice of high seas driftnet fishing generally or as practiced by the vessels from the territory represented by CCNAA. Sincerely, Natale H. Bellocchi The contents of the documents enclosed in your letter are acceptable to the authorities represented by CCNAA, subject to the understanding that these documents constitute legally enforceable documents to be enforced by appropriate authorities, and that the authorities represented by CCNAA take the position that high seas fisheries shall be conducted and managed under the responsibility and initiative of the flag state. The primary objectives of the authorities represented by CCNAA and AIT in reaching the agreement are to minimize the incidental taking of U.S. origin anadromous species by the driftnet vessels and to help conserve and utilize marine resources. I would like to further emphasize that the temporary arrangements, as stated in the Record of Discussions, regarding "Visit and Verification” are based on the universally recognized principle of reciprocity, and that the participators shall respect the exclusive jurisdiction of the authorities represented by CCNAA and AIT over their own vessels. Finally, the authorities represented by CCNAA reaffirm the international principle of the freedom of fishing on the high seas and their rights and privileges under international law and practice. Sincerely, Mou-shih Ding Coordination Council for Agreement Between the American Institute in Taiwan and the Coordination Council for North American Affairs Regarding Compliance with the 1978 Protocol to the 1973 International Convention for the Prevention of Pollution from Ships, Arlington and Bethesda, 1985 Done at Arlington and Bethesda 22 January 1985 Entered into force 31 January 1985 Primary source citation: Copy of text provided by the AMERICAN INSTITUTE IN TAIWAN 1700 N. Moore St. 17th Floor Arlington, Virginia 22209 (703) 525-8474 January 22, 1985 Dr. Fredrick F. Chien Representative Coordination Council for North American Affairs 5161 River Road Bethesda, Maryland 20816 Dear Dr. Chien: Given our mutual desire to ensure the continuation of uninterrupted maritime trade and the prevention of pollution from ships, I propose that assurances be provided to the American Institute in Taiwan (the "Institute”) that all ships under the registry of the party represented by the Coordination Council for North American Affairs (the “Council") which are used in bilateral trade are designed, equipped and operated in accordance with the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973 and its Annexes I and II (MARPOL 73/78), a copy of which is enclosed. Compliance with MARPOL 73/78 requirements shall be indicated in part by the carriage aboard ships of valid certificates and record books etc... such as those called for in MARPOL 73/78. Such documentation shall be in the same form as called for in MARPOL 73/78. Their carriage shall enable such ships to trade at the ports of the party represented by the Institute in the same manner and under the same conditions as ships of contracting governments to MARPOL 73/78, as provided for in Article 5 (4) of that treaty. |