17 1 receive no compensation for their services. They may be 2 paid travel expenses and per diem in lieu of subsistence at 3 the rates authorized by section 5703 of title 5, United 4 States Code, when engaged in the performance of their 5 duties. 6 SEC. 303. Service of any individual as an Alternate 7 United States Commissioner designated pursuant to section 8 301 of this Act, if he is not a regular Government employee, 9 shall be considered service as a special Government em10 ployee pursuant to section 202 of title 18, United States 11 Code. 83-516 071 - 4 INTERNATIONAL COMMISSION FOR THE NORTHWEST ATLANTIC FISHERIES, Dartmouth, Nova Scotia, June 24, 1970. THE SECRETARY OF STATE, Department of State, Washington, D.C. The Chairman of the International Commission for the Northwest Atlantic Fisheries has instructed me to transmit to you, as Depositary Government for the Commission, the attached proposal for a Scheme of Joint International Enforcement of the Fisheries Regulations in the Convention Area (cf. International Convention for the Northwest Atlantic Fisheries of February 8, 1949, Article VIII, 5) for transmission to Contracting Government (Convention Article VIII, 6). The Commission, in adopting the proposal, agreed that subject to the approval of Contracting Governments, which would be notified to the Commission, and without prejudice to the rights of Contracting Governments under the provisions of paragraph 9 (ii) of the Scheme: (a) As between the USSR and other Contracting Governments the provisions of the Scheme relating to inspection of gear below deck and of catch would not be operative. (b) as between Poland and other Contracting Governments the provisions of the Scheme relating to inspection of gear or catch below deck would not be operative; and (c) as between Romania and other Contracting Governments the provisions of the Scheme relating to inspection of gear below deck and of catch would not be operative. Entry into force of the Scheme for a Contracting Government shall be deemed to be notification of approval of the above stipulations. The Contracting Governments are: Canada, Denmark, France, Federal Republic of Germany, Iceland, Italy, Norway, Poland, Portugal, Romania, Spain, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland and United States of America. L. R. DAY, Executive Secretary. Proposal for a Scheme of Joint International Enforcement of the Fishery Regulations in the Convention Area, adopted by the International Commission for the Northwest Atlantic Fisheries in Plenary Session on June 5, 1970. That, pursuant to paragraph 5 of Article VIII of the Convention, the following arrangements be established, as from July 1, 1971, for international control outside national fishery limits for the purpose of ensuring the application of the Convention and the measures in force thereunder : "1. Control shall be carried out by inspectors of the fishery control services of Contracting Governments. The names of the inspectors appointed for that purpose by their respective governments shall be notified to the Commission. "2. Ships carrying inspectors shall fly a special flag or pennant approved by the Commission to indicate that the inspector is carrying out international inspection duties. The names of the ships so used for the time being, which may be either special inspection vessels, or fishing vessels, shall be notified to the commission. "3. Each inspector shall carry a document of identity supplied by the authorities of the flag state in a form approved by the Commission and given him on appointment stating that he has authority to act under the arrangements approved by the Commission. "4. Subject to the arrangements agreed under paragraph 9, a vessel employed for the time being in fishing for sea fish or in the treatment of sea fish in the Convention area shall stop when given the appropriate signal in the International Code of Signals by a ship carrying an inspector unless actually fishing. shooting or hauling, in which case it shall stop immediately it has finished hauling. The master of the vessel shall permit the inspector, who may be accompanied by a witness, to board it. The master shall enable the inspector to make such examination of catch, nets or other gear and any relevant documents as the inspector deems necessary to verify the observance of the Commission's recommendations in force in relation to the flag state of the vessel concerned and the inspector may ask for any explanations that he deems necessary. "5. On boarding the vessel an inspector shall produce the document described in 3 above. Inspections shall be made so that the vessel suffers the minimum interference and inconvenience. An inspector shall limit his enquiries to the as certainment of the facts in relation to the observance of the Commission's recommendations in force in relation to the flag state of the vessel concerned. In making his examination an inspector may ask the master for any assistance he may require. He shall draw up a report of his inspection in a form approved by the Commission. He shall sign the report in the presence of the master of the vessel who shall be entitled to add or have added to the report any observations which he may think suitable and must sign such observations. Copies of the report shall be given to the master of the vessel and to the Inspector's Government who shall transmit copies to the appropriate authorities of the flag state of the vessel and to the Commission. Where any infringement of the recommendations is discovered the inspector should where possible also inform the competent authorities of the flag state, as notified to the Commission, and any inspection ship of the flag state known to be in the vicinity. 6. Resistance to an inspector or failure to comply with his directions shall be treated by the flag state of the vessel as if the inspector were an inspector of that state. "7. Inspectors shall carry out their duties under these arrangements in accordance with the rules set out in this recommendation but they shall remain under the operational control of their national authorities and shall be responsible to them. "8. Contracting Governments shall consider and act on reports of foreign inspectors under these arrangements on the same basis as reports of national inspectors. The provisions of this paragraph shall not impose any obligation on a Contracting Government to give the report of a foreign inspector a higher evidential value than it would possess in the inspector's own country. Contracting Governments shall collaborate in order to facilitate judicial or other proceedings arising from a report of an inspector under these arrangements. "9(1) Contracting Governments shall inform the Commission by 1st March each year of their provisional pians for participation in these arrangements in the following year and the Commission may make suggestions to Contracting Governments for the co-ordination of national operations in this field including the number of inspectors and ships carrying inspectors. (ii) The arrangements set out in this Recommendation and the plans for participation shall apply between Contracting Governments unless otherwise agreed between them; and such agreement shall be notified to the Committee: Provided, however, that implementation of the scheme shall be suspended between any two Contracting Governments if either of them has notified the Commission to that effect, pending completion of an agreement. "10 (1) Nets shall be inspected in accordance with the regulations in force for the subarea in which the inspection takes place. The number of undersized meshes and the width of each mesh examined shall be entered in the inspector's report, together with the average width of the meshes examined. (ii) Inspectors shall have authority to inspect all nets. "11. The inspector shall affix an identification mark approved by the Commission, to any net which appears to have been used in contravention of the Committee's recommendations in force in relation to the flag state of the vessel concerned and shall record this fact in his report. "12. The inspector may photograph the net in such a way that the identification mark and the measurement of the net is visible, in which case the subjects photographed should be listed in the report and copies of the photographs should be attached to the copy of the report to the flag state. "13. The inspector shall have authority, subject to any limitations imposed by the Commission, to carry out such examination and measurement of the catch as he deems necessary to establish whether the Commission's recommendations are being complied with. He shall report his findings to the authorities of the flag state of the inspected vessel as soon as possible." 89TH CONGRESS 2d Session } SENATE { EXECU EXECUTIVE PROTOCOLS TO THE INTERNATIONAL CONVENTION FOR THE NORTHWEST ATLANTIC FISHERIES MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING PROTOCOL TO THE INTERNATIONAL CONVENTION FOR THE NORTHWEST ATLANTIC FISHERIES, RELATING TO MEASURES OF CONTROL, AND PROTOCOL TO THE INTERNATIONAL CONVENTION FOR THE NORTHWEST ATLANTIC FISHERIES RELATING TO ENTRY INTO FORCE OF PROPOSALS ADOPTED BY THE COMMISSION JUNE 27, 1966.-Protocols were read the first time and, together with the message and accompanying papers, were referred to the Committee on Foreign Relations and were ordered to be printed for use of the Senate 50-118 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1966 |