FIFTH. NSF will, whenever possible include at least two Chilean scientists in each cruise in addition to the Chilean pilots or observers required by Chilean law. SIXTH. The two Governments shall endeavor to resolve any dispute arising between them concerning the interpretation or application of this agreement by appropriate means. SEVENTH. This agreement does not affect or prejudice the obligations of the two Governments under other international agreements, the Antarctic Treaty, or the views of either Government concerning the Law of the Sea. EIGHTH. This agreement shall enter into force upon signature and shall remain in force for two-year periods, unless either party notifies the other in writing of its intention to terminate the agreement at least six months prior to the expiration of a two-year period, in which case it shall terminate at the end of this period. NINTH. The heads of scientific expeditions must submit a preliminary report to the IHA at the end of the cruise and a final report of the work performed to date no later than ten months after the date of their departure from Chile. For the Hydrographic Institute of the Navy of Chile Captain Eduardo Barison Roberts For the National Science Mr. Wade H. B. Matthews Charge d'Affaires of the Agreement Between the Government of the United States of America and the Government of the People's Republic of China Concerning Fisheries off the Coasts of the United States, Washington, 1985 Done at Washington 23 July 1985 Entered into force 19 November 1985 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING FISHERIES OFF THE COASTS OF THE UNITED STATES The Government of the United States of America and the Government of the People's Republic of China Considering their common concern for the rational management, conservation and achievement of optimum yield of fish stocks off the coasts of the United States; Recognizing that the United States has established by Presidential Proclamation of March 10, 1983 an exclusive economic zone within 200 nautical miles of its coasts within which the United States has sovereign rights to explore, exploit, conserve and manage all fish and that the United States also has such rights over the living resources of the continental shelf appertaining to the United States and to anadromous species of fish of United States origin; and Desirous of establishing reasonable terms and conditions pertaining to fisheries of mutual concern over which the United States has sovereign rights to explore, exploit, conserve and manage; Have agreed as follows: ARTICLE I The purpose of this Agreement is to promote effective conservation, rational management and the achievement of optimum yield in the fisheries of mutual interest off the coasts of the United States, to facilitate the rapid and full development of the United States fishing industry and to establish a common understanding of the principles and procedures under which fishing may be conducted by nationals and vessels of the People's Republic of China for the living resources over which the United States has sovereign rights to explore, exploit, conserve and manage. ARTICLE II As used in this Agreement, the term 1. "living resources over which the United States has sovereign rights to explore, exploit, conserve and manage" means all fish within the exclusive economic zone of the United States (except highly migratory species of tuna), all anadromous species of fish that spawn in the fresh or estuarine waters of the United States and migrate to ocean waters while present in the United States exclusive economic zone and in areas beyond national fisheries jurisdictions recognized by the United States and all living resources of the continental shelf appertaining to the United States; 2. "fish" means all finfish, molluscs, crustaceans, and other forms of marine animal and plant life, other than marine mammals, birds and highly migratory species; a. one or more stocks of fish that can be treated as a unit for purposes of conservation and management and that are identified on the basis of geographical, scientific, technical, recreational and economic characteristics; and 4. "exclusive economic zone" means a zone contiguous to the territorial sea of the United States, the seaward boundary of which is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the breadth of the territorial sea of the United States is measured; C. any other activity that can reasonably be expected to result in the catching, taking or harvesting of fish; d. 6. any operations at sea, including processing, directly in support of, or in preparation for, any activity described in subparagraphs a. through c. above, provided that such term does not include other legitimate uses of the high seas, including any scientific research activity; "fishing vessel" means any vessel, boat, ship, or other craft that is used for, equipped to be used for, or of a type that is normally used for 7. b. aiding or assisting one or more vessels at sea in the performance of any activity relating to fishing, including preparation, supply, storage, refrigeration, transportation or processing; "highly migratory species" means species of tuna which in the course of their life cycle, spawn and migrate over great distances in waters of the ocean; and 8. "marine mammal" means any mammal that is morphologically adapted to the marine environment, including sea otters and members of the orders Sirenia, Pinnipedia, and Cetacea, or primarily inhabits the marine environment such as polar bears. |