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Amendment to the Agreement Between the Government of the United States of America and the Government of the Republic of Iceland Concerning Fisheries off the Coasts of the United States, Reykjavik, 1988–1989

Done at Reykjavik 23 November 1988

and 17 January 1989

Entered into force 25 July 1989,
effective 1 July 1989

Primary source citation: Copy of text provided by the
U.S. Department of State

EMBASSY OF THE UNITED STATES OF AMERICA
Reykjavik

November 23, 1988.

No. 62

The Embassy of the United States of America presents its compliments to the Ministry for Foreign Affairs of the Republic of Iceland and has the honor to refer to the agreement between the Government of the United States of America and the Government of the Republic of Iceland concerning fisheries off the coasts of the United States, signed at Washington on September 21, 1984, and due to expire on July 1, 1989. The Department of State proposes that the agreement be extended until July 1, 1991, and that it be amended as follows:

1. In Article IV, paragraph 1, replace the phrase "of United States fish or fishery products" with "of both United States fish and fishery products, particularly fish and fishery products for which the foreign nation has requested an allocation;"

2.

3.

In Article IV, paragraph 2, replace the present text with the following: "Whether, and to what extent, such nation is cooperating with the United States in both the advancement of existing and new opportunities for fisheries exports from the United States through the purchase of fishery products from United States processors and the advancement of fisheries trade through the purchase of fish and fishery products from United States fishermen, particularly fish and fishery products for which the foreign nation has requested an allocation;"

In Article VII, before the final sentence, insert the following: "While such fees shall be applied without discrimination, the fee level may vary depending upon, inter alia, whether, in the judgment of the United States, vessels or nationals of the Republic of Iceland are harvesting United States origin anadromous species

4.

5.

at unacceptable levels, or whether the Republic of Iceland is failing to take sufficient action to benefit the conservation and development of United States fisheries."

In Article VIII, insert after the words "exclusive economic zone," the phrase "and any marine mammal of U.S. origin, such as North Pacific fur seals, on the high seas,".

In Article XVI, replace the date “July 1, 1989" with the date “July 1, 1991.”

The Embassy proposes that if the extension and the amendments set out in this Note are acceptable to the Republic of Iceland, this Note and the Government of Iceland's reply to that effect shall constitute an agreement between the two Governments amending the agreement between the two countries and extending that agreement until July 1, 1991. This agreement shall enter into force on a date to be agreed upon by exchange of Notes following the completion of internal procedures of both Governments.

The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry for Foreign Affairs of the Republic of Iceland the assurances of its highest consideration.

Embassy of the United States of America
Ministry for Foreign Affairs
Reykjavik

17 January 1989

No. 6

The Ministry for Foreign Affairs presents its compliments to the Embassy of the United States of America and has the honour to acknowledge receipt of the Embassy's Note No. 62 of 23 November 1988 which reads as follows:

"The Embassy of the United States of America presents its compliments to the Ministry for Foreign Affairs of the Republic of Iceland and has the honor to refer to the agreement between the Government of the United States of America and the Government of the Republic of Iceland concerning fisheries off the coasts of the United States, signed at Washington on September 21, 1984, and due to expire on July 1, 1989. The Department of State proposes that the agreement be extended until July 1, 1991, and that it be amended as follows:

1.

2.

3.

4.

In Article IV, paragraph 1, replace the phrase "of United States fish or fishery products" with "of both United States fish and fishery products, particularly fish and fishery products for which the foreign nation has requested an allocation;"

In Article IV, paragraph 2, replace the present text with the following: "Whether, and to what extent, such nation is cooperating with the United States in both the advancement of existing and new opportunities for fisheries exports from the United States through the purchase of fishery products from United States processors and the advancement of fisheries trade through the purchase of fish and fishery products from United States fishermen, particularly fish and fishery products for which the foreign nation has requested an allocation;"

In Article VII, before the final sentence, insert the following: "While such fees shall be applied without discrimination, the fee level may vary depending upon, inter alia, whether, in the judgment of the United States, vessels or nationals of the Republic of Iceland are harvesting United States origin anadromous species at unacceptable levels, or whether the Republic of Iceland is failing to take sufficient action to benefit the conservation and development of United States fisheries."

In Article VIII, insert after the words "exclusive economic zone," the phrase "and any marine mammal of U.S. origin, such as North Pacific fur seals, on the high seas,”".

5.

In Article XVI, replace the date "July 1, 1989" with the date "July 1, 1991."

The Embassy proposes that if the extension and the amendments set out in this Note are acceptable to the Republic of Iceland, this Note and the Government of Iceland's reply to that effect shall constitute an agreement between the two Governments amending the agreement between the two countries and extending that agreement until July 1, 1991. This agreement shall enter into force on a date to be agreed upon by exchange of Notes following the completion of internal procedures of both Governments.

The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry for Foreign Affairs of the Republic of Iceland the assurances of its highest consideration."

The Ministry has the honour to inform the Embassy that the extension of the Agreement between the Government of the Republic of Iceland and the Government of the United States of America concerning fisheries off the coasts of the United States and the amendments set out in the Embassy's Note are acceptable to the Republic of Iceland and that the Embassy's Note and this reply constitute an agreement between our two Governments amending the agreement between our two countries and extending that agreement until 1 July 1991. This agreement shall enter into force on a date to be agreed upon by exchange of Notes following the completion of internal procedures of both Governments.

The Ministry for Foreign Affairs avails itself of this opportunity to renew to the Embassy of the United States of America the assurances of its highest consideration.

Department of State
Washington

July 24, 1989

The Department of State refers the Embassy of Iceland to the Agreement amending and extending the Agreement of September 21, 1984 between the Government of the United States of America and of the Government of the Republic of Iceland Concerning Fisheries Off the Coasts Of the United States, effected by exchange of notes at Reykjavik, November 23, 1988 and January 17, 1989. The Department of State wishes to inform the Embassy that the United States Government has completed its internal procedures and is prepared for the Agreement to enter into force.

If this is acceptable to the Government of Iceland, the Department of State proposes that the Agreement enter into force on the date of the Embassy's note in reply, effective from July 1, 1989.

July 25, 1989

The Department of State
Washington, D.C.

Ref. 52.C.3

The Embassy of Iceland presents its compliments to the Department of State and has the honor to refer to the latter's note dated July 24, 1989 referring to the Agreement amending and extending the Agreement of September 21, 1984 between the Government of the Republic of Iceland and the Government of the United States of America concerning Fisheries Off the Coasts of the United States, effected by exchange of notes at Reykjavik, November 23, 1988 and January 17, 1989.

The Embassy hereby confirms that the Government of Iceland accepts the proposal of the Department of State that the Agreement enters into force on the date of this Embassy's note in reply, effective from July 1, 1989.

The Embassy of Iceland avails itself of this opportunity to renew to the Department of State the assurances of its highest consideration.

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Amendment to the Agreement Between the Government of the United States of America and the Government of the Republic of Iceland Concerning Fisheries off the Coasts of the United States, Washington, 1991

Done at Washington 11 February 1991
and 5 April 1991

Entered into force 21 October 1991,
effective 1 July 1991

Primary source citation: Copy of text provided by the
U.S. Department of State

DEPARTMENT OF STATE

WASHINGTON

February 11, 1991

His Excellency

Tomas A. Tomasson,

Ambassador of Iceland.

Excellency:

I have the honor to refer to the Agreement between the Government of the United States of America and the Government of the Republic of Iceland Concerning Fisheries off the Coasts of the United States, signed at Washington on September 21, 1984, as amended and extended (hereinafter referred to as "the Agreement") and due to expire on July 1, 1991. Noting the desire by the United States to address cooperatively with the Republic of Iceland the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-Scale Pelagic Driftnet Fishing, as well as concerns about the burgeoning fishery for pollock in the central Bering Sea area, I have the further honor to propose that, in accordance with the provisions of Article XVI, the Agreement be extended until December 31, 1993. I have the honor to propose that the Agreement be further amended as follows:

1.

In Article II, paragraph 1, delete "(except highly migratory species of tuna)".

2.

3.

Delete existing paragraph 2 in its entirety and replace it with:

"2.

"fish" means all finfish, molluscs, crustaceans, and other forms of marine animal and plant life, other than marine mammals and birds;"

In Article II, delete paragraph 7 and renumber the present paragraph 8 as paragraph 7.

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"8. whether, and to what extent, such nations are cooperating with the United States in matters pertaining to the fulfillment of the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-scale Pelagic Driftnet Fishing and in the conservation of the pollock resource in the central Bering Sea; and❞

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"5. The Government of the Republic of Iceland shall cooperate with the Government of the United States in matters pertaining to the fulfillment of the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-scale Pelagic Driftnet Fishing and in the conservation of the pollock resource in the central Bering Sea."

I have the further honor to propose that, if these proposals are acceptable to the Government of the Republic of Iceland, this Note and Your Excellency's Note in reply to that effect shall constitute an Agreement between our two Governments, which will enter into force on a date to be agreed upon in a subsequent exchange of diplomatic notes between the two Governments following the completion of necessary internal procedures.

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I have the honour to acknowledge receipt of your Note of February 11, 1991 which reads as follows:

I have the honor to refer to the Agreement between the Government of the United States of America and the Government of the Republic of Iceland Concerning Fisheries off the Coasts of the United States, signed at Washington on September 21, 1984, as amended and extended (hereinafter referred to as "the Agreement") and due to expire on July 1, 1991. Noting the desire by the United States to address cooperatively with the Republic of Iceland the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-Scale Pelagic Driftnet Fishing, as well as concerns about the burgeoning fishery for pollock in the central Bering Sea area, I have the further honor to propose that, in accordance with the provisions of Article XVI, the Agreement be extended until December 31, 1993. I have the honor to propose that the Agreement be further amended as follows:

1.

In Article II, paragraph 1, delete "(except highly migratory species of tuna)".

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"2. "fish" means all finfish, molluscs, crustaceans, and other forms of marine animal and plant life, other than marine mammals and birds;"

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