TRANSLATION Washington, D.C., February 26, 1975 His Excellency W. L. Sullivan, Jr., Acting Chairman of the Delegation of the United States of America. Excellency: I have the honor to acknowledge the receipt of Your Excellency's note of today's date, which states as follows: [For the English language text, see p. 3504.] I have the further honor to confirm the aforesaid understanding in the name of the Government of the Union of Soviet Socialist Republics and to agree that Your Excellency's note together with this reply shall constitute an Agreement between our two Governments. Accept, Excellency, the renewed assurances of my highest consideration. V.M. Kamentsev Chairman of the Delegation of the Union of Soviet Socialist Republics Agreement Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics on Mutual Fisheries Relations, Moscow, 1988 Done at Moscow 31 May 1988 AGREEMENT BETWEEN THE GOVERNMENT OF THE The Government of the United States of America and the Government of the Union of Soviet Socialist Republics, hereinafter referred to as the Parties; Considering their common concern for the conservation, rational management and optimal utilization of fish resources off their respective coasts; Bearing in mind that, in conformity with international law, the United States of America and the Union of Soviet Socialist Republics have sovereign rights for the purpose of exploration, exploitation, conservation and management of the living marine resources within zones they have established, extending 200 nautical miles from their coasts, called the U.S. exclusive economic zone and the U.S.S.R. economic zone (hereinafter referred to as "zones"); have sovereign rights for the purpose of exploring for and exploiting the living resources of the continental shelf; and have authority for management of anadromous species of their respective origin beyond their respective zones, except when found in the equivalent zone or territorial sea of another State; Recognizing that many important stocks of living marine resources of the Bering Sea ecological complex range within and beyond the respective zones of both Parties and are being exploited by fishermen of the two countries, and desiring to coordinate their efforts to conserve and manage these resources; Emphasizing the importance of scientific research for the conservation and rational management of the living marine resources, and desirous of coordinating their activities in such research; Taking into account the positive experience of cooperation between the United States of America and the Union of Soviet Socialist Republics in the field of fisheries, as reflected in the Agreement Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Concerning Fisheries off the Coasts of the United States of November 26, 1976, as amended, and the Agreement Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Concerning Fisheries off the Coasts of the Union of Soviet Socialist Republics of February 21, 1988; and Intending to establish mutually beneficial relations and cooperation in the field of fisheries; Have agreed as follows: ARTICLE I The Parties shall endeavor to cooperate and work towards a mutually beneficial and equitable relationship in the field of fisheries. The purpose of the Agreement is to establish a common understanding of the principles and procedures to provide for cooperation between the Parties in areas of mutual interest concerning fisheries. 1. ARTICLE II Each Party shall, consistent with its national law, in order to provide for optimum utilization of fishery stocks in its zone, determine: a) the total allowable catch in its zone for each stock, taking into account the best available scientific evidence, and relevant social, economic, and other factors; b) the harvesting capacity of its own fishing vessels with respect to each stock; and c) the portion of the total allowable catch for a specific stock that is surplus. 2. Each Party, consistent with its national law, may allocate a portion of such surplus to the other Party. 3. Each Party will allow nationals and vessels of the other Party access to conduct permitted fishery operations in its zone on a reciprocal basis. ARTICLE III 1. Each Party agrees that its nationals and vessels shall be subject to the relevant laws and regulations of the other Party when engaged in fishing in the zone of the other Party. Each Party further agrees that its nationals and vessels shall be subject to the relevant laws and regulations of the other Party pertaining to fisheries resource management when engaged in fishing outside the respective zones of either Party for living resources of the continental shelf appertaining to the other Party or for anadromous resources that originate in the waters of the other Party. 2. Each Party shall notify the other Party of the national laws and regulations referred to in paragraph 1 of this Article and any changes thereto. vessels: ARTICLE IV Each Party, consistent with its national law, shall take appropriate measures to ensure that its nationals and a) conduct fishery operations within the zone of the other Party consistent with the national laws and regulations of the other Party; b) refrain from fishing beyond its zone for fish resources over which the other Party, consistent with international law, has sovereign rights or management authority, except as authorized pursuant to this Agreement; and c) other Party. comply with the provisions of permits issued pursuant to this Agreement and the applicable laws of the ARTICLE V Permits for fishing in the zone of each Party shall be issued pursuant to Annex I, which constitutes an integral part of this Agreement. ARTICLE VI Each Party shall, consistent with its national law, take appropriate measures to ensure that its nationals and vessels refrain from harassing, hunting, capturing or killing any marine mammal within the zone of the other Party, or attempting such actions, except as may be provided for by an international agreement which is in force for both Parties, or in accordance with specific authorization and controls established by the Party in whose zone such actions occur. ARTICLE VII 1. In the interest of conservation and rational management of anadromous species, both Parties recognize the principle that fishing for anadromous species should not be exercised in areas beyond any exclusive economic zone or its equivalent. 2. Both Parties shall cooperate, consistent with their existing international obligations, to exchange information and to take action, where appropriate, to address the harvesting of anadromous species originating in the waters of either Party by nationals and vessels of non-parties in areas beyond any exclusive economic zone or its equivalent, and otherwise to advance the conservation of such anadromous species. 1. ARTICLE VIII Each Party consents to and, to the extent allowable under its own law, will assist and facilitate boardings and inspections of its vessels by duly authorized officers of the other Party for compliance with laws and regulations referred to in Article III. If, upon boarding and inspection of a vessel by a Party's duly authorized officer, such law or regulation is found to have been violated, each Party agrees that it will not object to appropriate enforcement action undertaken pursuant to the laws of that other Party, including seizure and arrest of the vessel and the individuals on board. 2. Each Party shall impose appropriate penalties, in accordance with its laws, for violations of the laws or regulations referred to in Article III. In the case of arrest and seizure of a vessel of a Party by the authorities of the other Party, notification shall be given promptly through diplomatic channels informing the flag state party of the facts and actions taken. 3. Each Party shall release vessels of the other Party and their crews promptly, subject to the posting of reasonable bond or other security. 4. The penalty for violation of a limitation or restriction on the fishing operations of a Party shall be limited to appropriate fines, forfeitures or revocation or suspension of fishing privileges. ARTICLE IX 1. The Parties shall cooperate in the conduct of scientific research required for the purpose of the conservation and optimum utilization of the fishery resources in their zones. Such cooperation may include research on fishery resources of mutual interest in areas beyond the zones of the Parties and beyond the zone of any third party. 2. The Parties shall cooperate in the implementation of procedures for collecting and reporting biostatistical information and fisheries data, including catch and effort statistics, in accordance with agreed upon procedures. ARTICLE X The Parties shall, consistent with their respective national law, encourage contacts and facilitate cooperation on the basis of equity and mutual benefit between their respective enterprises, inter alia, in the establishment in their zones of joint ventures for fishing, reproduction, processing, and marketing of fish resources. In addition, the Parties shall encourage the introduction of new scientific and technological developments for these enterprises. 1. ARTICLE XI The Parties shall cooperate and consult directly or through appropriate international organizations to ensure proper conservation and management of living marine resources in the areas beyond the zones of the Parties and beyond the zone of any third party. The Parties may consult on questions of mutual interest which may be considered by such organizations. 2. The Parties shall cooperate in the exercise of their rights and duties under international law in order to coordinate conservation, exploitation and management of the living marine resources of the Bering Sea and the North Pacific Ocean. In particular, the Parties shall consult on actions to address the effects of unregulated fishing in the areas of the Bering Sea and North Pacific Ocean beyond the zones of the Parties. ARTICLE XII Each Party shall take appropriate steps to authorize fishing vessels of the other Party allowed to fish in its zone pursuant to this Agreement to enter specified ports pursuant to Annex II, which constitutes an integral part of this Agreement, for the purpose of purchasing bait, supplies, outfits, or effecting repairs, changing crews, or for such other purposes as may be authorized. ARTICLE XIII Each Party shall take appropriate steps to ensure that observers of the other Party are permitted to board, upon request, vessels operating in the zone of that Party pursuant to this Agreement, and further that that Party shall be reimbursed for the costs incurred in the utilization of its observers consistent with the laws and regulations of each Party and on the basis of reciprocity. Such observers shall be accorded the courtesies and accommodations provided to ship's officers while on board such vessels, and the owners, operators, and crews of such vessels shall cooperate with observers in the conduct of their official duties. ARTICLE XIV 1. In order to achieve the objectives of this Agreement the Parties shall establish an Intergovernmental Consultative Committee, hereinafter referred to as the "Committee”. |