Protocol Amending The International Convention for the High Seas Fisheries of the North Pacific Ocean (1978)

Adopted at Tokyo on 25 April 1978.

The Governments of the United States of America, Canada and Japan,

Having regard to the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo on the ninth day of May, nineteen hundred and fifty-two, its Annex and the Protocol thereto (hereinafter referred to as "the Convention"),

Sharing the view that the Convention has served to promote and co-ordinate scientific studies relating to the fishery resources of the North Pacific Ocean and its adjacent seas, and has aided in the conservation of these fishery resources,

Taking into account that each of the Contracting Parties has established new fishery jurisdiction in the Convention area,

Acknowledging that certain provisions of the Convention are not compatible with such jurisdiction, and

Desirous of amending the Convention,

Have agreed as follows:

ARTICLE I

The Convention shall be amended to read as follows:

"The Governments of the United States of America, Canada and Japan have agreed as follows:

Article I

  1. The area to which this Convention applies, hereinafter referred to as "the Convention area", shall be all waters, other than territorial waters, of the North Pacific Ocean which for the purposes hereof shall include the adjacent seas.

  2. Nothing in this Convention shall be deemed to affect adversely (prejudice) the claims or position of any Contracting Party in regard to the limits of territorial waters or to the jurisdiction of a coastal state over fisheries.

  3. For the purposes of this Convention the term "fishing vessel" shall mean any vessel engaged in catching fish or processing or transporting fish loaded in the Convention area, or any vessel outfitted for such activities, or any vessel in normal support of another vessel as described above.

Article II

  1. The Contracting Parties shall maintain the International North Pacific Fisheries Commission, hereinafter referred to as "the Commission".

  2. The Commission shall be composed of three national sections, each consisting of not more than four members appointed by the Governments of the respective Contracting Parties.

  3. Each national section shall have one vote. All proposals, recommendations and other decisions of the Commission shall be made only by a unanimous vote of the three national sections.

  4. The Commission may decide upon and mend, as occasion may require, by-laws or rules for the conduct of its meetings.

  5. The Commission shall meet at least once each year and at such other times as may be requested by a majority of the national sections.

  6. The Commission shall select a Chairman, Vice-Chairman and Secretary from different national sections. The Chairman, Vice- Chairman and Secretary shall hold office for a period of one year. During succeeding years selection of a Chairman, Vice-Chairman and Secretary from the national sections shall be made in such a manner as will provide each Contracting Party in turn with representation in those offices.

  7. The location of the Commission's headquarters shall be determined by the Commission.

  8. Each Contracting Party may establish an Advisory Committee for its national action, to be composed of persons who shall be well informed concerning North Pacific fishery problems of common concern. Each such Advisory Committee shall be invited to attend all sessions of the Commission except those which the Commission decides to be in camera.

  9. The Commission may hold public hearings. Each national section may also hold public hearings within its own country.

  10. The official languages of the Commission shall be Japanese and English. Proposals and data may be submitted to the Commission in either language.

  11. Each Contracting Party shall determine and pay the expenses incurred by its national section. Joint expenses incurred by the Commission shall be paid by the Commission through contributions made by the Contracting Parties in the form and proportion recommended by the Commission and approved by the Contracting Parties.

  12. An annual budget of joint expenses shall be recommended by the Commission and submitted to the Contracting Parties for approval.

  13. The Commission shall authorize the disbursement of funds for the joint expenses of the Commission and may employ personnel and acquire facilities necessary for the performance of its functions.

 

Article III

  1. The Commission shall perform the following functions:

    1. provide for scientific studies and for co-ordinating the collection, exchange and analysis of scientific data regarding anadromous species, including data regarding the continent of origin of these species, and provide a forum for co-operation among the Contracting Parties with respect to these species;

    2. pending the establishment of an international organization as referred to in Article IV, provide a forum for co-operation among the Contracting Parties with respect to the study, analysis and exchange of scientific information and views relating to the stocks of non-- anadromous species of the Convention area, including information and views relating to all relevant factors affecting these stocks, the promotion of scientific research designed to fill gaps in knowledge and the compilation and dissemination of statistics and records;

    3. recommend, when necessary, amendment of the Annex to this Convention;

    4. co-ordinate scientific studies to determine the continent of origin of anadromous species migrating in the waters south of 46o North Latitude, and following three years of such studies make recommendations if appropriate in accordance with sub-paragraph (c) above relating to the conservation of salmon of North American origin;

    5. consider and make proposals to the Contracting Parties concerning the enactment of schedules of equivalent penalties for violations of this Convention which occur outside the 200 nautical mile fishery zone of any Contracting Party;

    6. compile and study the records provided by the Contracting Parties pursuant to Article VIII;

    7. submit annually to each Contracting Party a report on the Commission's operations, investigations and findings, with appropriate proposals, and inform each Contracting Party, whenever it is deemed advisable, on any matter relating to the implementation of this Convention;

    8. consider the results of reviews undertaken by the Contracting Parties pursuant to Article XI and make proposals as appropriate.

  2. In the performance of its functions, the Commission shall, insofar as feasible, utilize the technical and scientific services of, and information from, official agencies of the Contracting Parties and their political sub-divisions and may, when desirable and if available, utilize the services of, and information from, any public or private institution or organization or any private individual.

 

Article IV

The Contracting Parties shall work towards the establishment of an international organization with broader membership dealing with species of the Convention area other than anadromous species. Progress towards this end shall be reviewed during the consultations provided for in Article XI. When such an international organization becomes functional, the functions of the Commission under the provisions of Article III, paragraph 1, sub-paragraph (b) shall be terminated and transferred to the new organization.

 

Article V

  1. The Annex attached hereto forms an integral part of this Convention. All references to the Convention shall be understood as including the said Annex either in its present terms or as amended in accordance with the provisions of Article VII.

  2. The Contracting Parties agree that in fishing for anadromous species in the Convention area, they shall respect the conservation measures specified in the Annex to this Convention and that any infringement of those measures shall be deemed to be in violation of the terms of this Convention.

  3. The nationals and fishing vessels of the Contracting Parties shall abide by the conservation measures specified in the Annex to this Convention.

 

Article VI

In the event that it shall come to the attention of any of the Contracting Parties that the nationals or fishing vessels of any country which is not a Party to this Convention appear to affect adversely the operations of the Commission or the implementation of this Convention, such Party shall call the matter to the attention of other Contracting Parties. All the Contracting Parties agree upon the request of such Party to confer upon the steps to be taken towards obviating such adverse effects or relieving any Contracting Party from such adverse effects.

 

Article VII

  1. The Annex to this Convention shall be considered amended from the date upon which the Commission receives notification from all the Contracting Parties of acceptance of a recommendation to amend the Annex made by the Commission in accordance with the provisions of Article III, paragraph 1, sub-paragraph (c).

  2. The Commission shall notify all the Contracting Parties of the date of receipt of each notification of acceptance of an amendment to the Annex.

 

Article VIII

The Contracting Parties agree to keep as far an practicable all records requested by the Commission and to furnish compilations of such records and other information upon request of the Commission. No Contracting Party shall be required hereunder to provide the records of individual operations.

 

Article IX

  1. The Contracting Parties agree that within the Convention area:

    1. each Contracting Party shall enforce the provisions of this Convention within its 200 nautical mile fishery zone in accordance with its domestic law;

    2. outside the 200 nautical mile fishery zone of any Contracting Party, any Contracting Party may enforce the provisions of this Convention in accordance with the following:

      1. The duly authorized officials of any Contracting Party may board vessels fishing for anadromous species of the other Contracting Parties to inspect equipment, logs, documents, catch and other articles and question the persons on board for the purpose of carrying out the provisions of this Convention. Such inspections and questioning shall be made so that the vessels suffer the minimum interference and inconvenience. Such officials shall present credentials issued by their respective Governments if requested by the master of the vessel.

      2. when any such person or fishing vessel is actually engaged in operations in violation of the provisions of this Convention, or there is reasonable ground to believe was obviously so engaged prior to boarding of such vessel by any such official, the latter may arrest or seize such person or vessel and further investigate the circumstances if necessary. The Contracting Party to which the official belongs shall notify promptly the Contracting Party to which such person or vessel belongs of such arrest or seizure, and shall deliver such person or vessel as promptly as practicable to the authorized officials of the Contracting Party to which such person or vessel belongs at a place to be agreed upon by both Parties. Provided, however, that when the Contracting Party which receives such notification cannot immediately accept delivery, the Contracting Party which gives such notification may keep such person or vessel under surveillance within the waters of the Convention area or within its own territory under the conditions agreed upon by both the Contracting Parties.

      3. only the authorities of the Contracting Party to which the above-mentioned person or fishing vessel belongs may try the offense and impose penalties therefor. The witnesses and evidence necessary for establishing the offense, so far as they are under the control of any of the Contracting Parties to this Convention, shall be furnished as promptly as possible to the Contracting Party having jurisdiction to try the offense and shall be taken into account, and utilized as appropriate, by the executive authority of that Contracting Party having jurisdiction to try the offense.

    3. the Contracting Parties shall take appropriate measures to ensure that their fishing vessels allow and assist boardings and inspections carried out in accordance with this Convention of such vessels by the duly authorized officials of any Contracting Party, and co-operate in such enforcement action as may be undertaken.

  2. Each Contracting Party agrees, for the purpose of rendering effective the provisions of this Convention, to enact and enforce necessary laws and regulations, with appropriate penalties against violations thereof, and to transmit to tho Commission a report on any action taken by it in regard thereto.

 

Article X

The Contracting Parties agree that a scientific program is necessary to carry out the provisions of this Convention. To this end the Contracting Parties agree to establish such a program to co- ordinate their scientific research activities with respect to anadromous species in the Convention area as well as species of marine mammals incidentally caught in fishing for anadromous species. In this regard, the Contracting Parties agree to exchange scientists in order to carry out scientific observations with respect to the catches and methods of operation. The Contracting Parties shall establish procedures to facilitate such observations.

 

Article XI

  1. The Contracting Parties agree to hold consultations whenever necessary, or not later than sixty days following the request of any of them, in order to review the implementation of this Convention.

  2. The Contracting Parties agree to hold consultations, at a time and place to be mutually agreed upon, not later than ninety days following notice by any Contracting Party of its intention to terminate the Convention in accordance with the provisions of Article XII, paragraph 1. of this Convention.

 

Article XII

  1. This Convention shall continue in force until one year from the day on which a Contracting Party shall give notice to the other Contracting Parties of an intention of terminating the Convention, whereupon it shall terminate as to all Contracting Parties.

  2. This Convention shall be subject to review by the Contracting Parties upon the conclusion of a multilateral treaty resulting from the Third United Nations Conference on the Law of the Sea.

 

ANNEX

  1. The following measures shall apply to salmon fishery operations conducted by Japanese nationals and fishing vessels in the waters of the Convention area:

    1. North of 56o North Latitude, east of 175o East Longitude and outside the United States fishery conservation zone, beginning on June 26 (Japan Standard Time) (1500 June 25 GMT) of each year, the Japanese mothership fishery shall conduct no more than 22 mothership fleet days in the area between 175o East Longitude and 180o Longitude and no more than 31 mothership fleet days in the area between 180o Longitude and 175o West Longitude.

    2. North of 46o North Longitude, between 175o East Longitude and 170o East Longitude, and outside the United States fishery conservation zone, salmon fishery operations shall not begin before June 1 (Japan Standard Time) (1500 May 31 GMT) of each year.

    3. West of 175o East Longitude, and within the United States fishery conservation zone, salmon fishery operations shall not begin before June 10 (Japan Standard Time) (1500 June 9 GMT) of each year. Fishing vessels engaged in this fishery shall be required to have on board a registration permit which shall be issued by the Government of the United States. Such vessels may be required by the Government of the United States to accept on board scientific observers and to bear the expenses incurred in such boarding. The requirement of the Government of the United States that Japanese fishing vessels engaged in this fishery have on board a Certificate of Inclusion relating to the incidental taking of marine mammals shall be suspended for the period ending June 9, 1981 during which period the Government of Japan and the United States shall conduct joint research, shall co-operate to determine the effect of the Japanese salmon fishery on marine mammal populations, and shall work to reduce or eliminate the incidental catch of marine mammals in the fishery.

    4. Except for the areas specified in (a) above, there shall be no salmon fishery operations east of 175o East Longitude, unless such fishery operations are agreed to for a temporary period among the three Contracting Parties.

  2. For the purposes of this Annex, a mothership fleet day is defined as one mothership with no more than forty-one catcher-boats present during a portion of any one calendar day in the areas specified in paragraph 1. (a) of this Annex. Any increase in the number of catcher- boats assigned to a mothership will be reflected in a proportional reduction in the number of authorized fleet days. Modifications to gear or fishing procedures which might affect current fishing efficiency shall be undertaken only after consultations among the three Contracting Parties. In such consultations the Contracting Parties shall examine the necessity of change in the number of authorized fleet days to take account of any increase in fishing efficiency.

  3. East of 170o East Longitude the southern limit of the Japanese mothership fishery and the northern limit of the Japanese landbased fishery shall remain at 46o North Latitude. West of 170o East Longitude the southern limit of the Japanese mothership fishery shall not extend south of 46o North Latitude, and the northern limit of the Japanese landbased fishery shall not extend north of 40o North Latitude."

 

ARTICLE II

This Protocol shall be ratified or approved by the Contracting Parties to the Convention in accordance with their respective constitutional processes, and the instruments of ratification or approval shall be exchanged as soon as possible at Tokyo. This Protocol shall come into force on the date of the exchange by all the Contracting Parties of instruments of ratification or approval.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Protocol.

DONE, in triplicate, in the English, French and Japanese languages being equally authentic, at Tokyo this twenty-fifth day of April, nineteen hundred and seventy-eight.