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Appendix C

Dall's porpoise

northern fur seal

Pacific white-sides dolphin

northern right whale dolphin

common dolphin

striped dolphin

other cetaceans

short tailed albatross

black-footed albatross

Laysan albatross

sooty shearwater

short tailed shearwater

flesh footed shearwater

Buller's shearwater

tufted puffin

horned puffin

Leach's storm-petrel

northern fulmar

marine turtles

Appendix D
Dir. of Set
Array Fishing?

Vessel name

BilaterAL / JAPAN

°N

SQUI DRIFTNET OBSERVER FORM
Net Retrieval Start

Net Retrieval End
Date Time (JST)

Date Time (JST)
Lat.
°N

Lat.
°E/W

Long.
M Bottom

M Tan Length M
м Beaufort No. Air Temp.

°C
T Cloud Cover

Visibility

M

"E/W

Observer name

Net Set End

Date Time (JST) 'N

Lat.

'N
°EW

Long.

°E/W
Net Depth from Water Surface:Top
°C Wind speed M/S Swell Height
°C Wind Dir. T Swell Dir.

Net Set Start
Date Time (JST)

Lat.

Long.
Stretched Mesh Size
SST (Start of Set)
SST (End of Set)

Long.

mm

[blocks in formation]

UNITED STATES DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
NATIONAL MARINE FISHERIES SERVICE

Washington, D.C. 20235

June 26, 1989

Mr. Kazuo Shima
Councillor
Oceanic Fisheries Department
Fisheries Agency of Japan
2-1, 1-Chome, Kasumigaseki
Chiyoda-ku
Tokyo 100, Japan

Dear Mr. Shima:

Thank you for your letters of May 2, 1989 regarding the collection and exchange of scientific information under the June-December and the July August observer programs for the Japanese squid driftnet fishery, the enforcement program for the Japanese squid driftnet fishery, and the observer and enforcement program for the Japanese large-mesh driftnet fishery.

As you have requested, the United States is prepared to resume consultations with a view to resolving salmon issues, including your request for a conversion of Japan's mothership salmon fleet to a landbased-type operation for 1990 at the earliest date convenient to all sides.

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I wish to note that in connection with the July-August observer program, North American observers would collect data on bycatch of all non-target species, and that this data would be incorporated into the data summary and report for the June-December program.

Under the Driftnet Impact Monitoring, Assessment and Control Act of 1987, the Secretary of Commerce must by June 29, if he finds the cooperative arrangement inadequate, certify such fact to the President. We believe that implementation of the programs described in these letters and their attachments, including adequate observer and enforcement programs anticipated for 1990 and beyond, would provide the basis for withholding certification of Japan under the Act in 1989. In that regard, we place great reliance on your intentions to plan more extensive cooperative programs in the future.

As you are aware, our objective is to obtain statistically reliable data on the bycatch of Japan's driftnet vessels and effective enforcement programs. We view the 1989 programs as an important step in developing such programs.

We have previously objected to the Fisheries Agency of Japan's decision to extend the northern boundary of the squid fishery for July and August. U.S. participation in the described programs should not be understood to imply a change in this position. Neither should such participation be understood as reflecting the U.S. position on the practice of high-seas driftnet fishing generally.

Finally, I would like to repeat the position of the U.S. Government that the United States has jurisdiction over U.S.-origin anadromous species throughout their migratory range, except during the time they are found within another nation's territorial sea or 200-mile zone, as recognized by the United States.

Sincerely

James W. Brennan
Assistant Administrator for Fisheries

Richard J. Smith
Principal Deputy Assistant
Secretary, OES
Department of State

FISHERIES AGENCY
MINISTRY OF AGRICULTURE, FORESTRY AND FISHERIES, GOVERNMENT OF JAPAN

2-1, 1-Chome, Kasumigaseki, Chiyoda-ku, Tokyo 100, Japan TEL:03-502-8111 EXT:

June 26, 1989

Dr. Frederick M. Bernthal
Assistant Secretary for Oceans and International
Environment and Scientific Affairs
Department of State
Washington, D.C. 20520

Dr. William E. Evans
National Oceanic and Atmospheric Administration
Under Secretary
Department of Commerce
Washington, D.C. 20230

Dear Dr. Bernthal / Dr. Evans:

In response to the strong request of the Government of the United States, I am writing to clarify the intention of the Japanese side with respect to the Japanese monitoring and enforcement programs for the Japanese high seas driftnet fisheries in the North Pacific, which are described in Mr. Shima's letters dated May 2, 1989.

1. While the Japanese high seas driftnet fisheries are conducted and managed under the jurisdiction of Japan as a flag state on the basis of the principle of the freedom of the high seas, the Japanese side, taking into consideration the concerns of the Canadian and U.S. sides regarding the high seas driftnet fisheries, decided to carry out the programs for 1989 by overcoming a series of difficulties, including the need of persuading the Japanese fishermen concerned. I would like to assure you that these efforts on the part of the Japanese side will be continued beyond the termination of this year's fishing season.

2. With regard to the observer programs, the objective of the Japanese side is to obtain statistically reliable data. Therefore, the number of commercial fishing vessels that accept scientific observers on board will be increased, if deemed necessary in the light of the outcome of the 1989 programs. It is also noted that, in formulating the 1990 observer programs, logistical feasibility of expanded programs will require careful consideration. I would like to reiterate that the Japanese side has the intention to meet with the Canadian and U.S. sides in early 1990 and exchange views to formulate observer programs for the 1990 fishing season.

3. With regard to the Japanese enforcement programs, the objective of the Japanese side is to maintain an effective enforcement program.

4. With regard to the installation of satellite transmitter real-time position-fixing devices, I understand that even the Government of the United States has never directed the U.S. commercial fishing vessels to install the devices for enforcement purposes. The Fisheries Agency of Japan is prepared to install satellite transmitters on its enforcement and/or research vessels operating in the North Pacific, including the Japanese squid driftnet fishing areas, for the purpose of supplementing the planned U.S. tests of effectiveness of the devices on U.S. commercial fishing vessels in 1989 fishing season. In order to exchange views regarding the details of these tests, the Japanese side proposes to hold a meeting of Japanese and U. S. experts as soon as possible.

As indicated in Mr. Shima's letter, the Fisheries Agency of Japan will consider installation of the devices on the Japanese squid driftnet fishing vessels in 1990, taking into account the results of the 1989 tests as well as the Canadian and U.S. views. If it is proved appropriate after careful consideration of the results of the 1989 tests, and in connection with formulation of 1990 enforcement and monitoring programs, the Agency will ask the squid driftnet fishing vessels to install a substantial number of satellite transmitters in 1990.

5. The Japanese side would like to finalize the details of the 1990 observer and enforcement programs by April 30, 1990.

6. Finally, I am of the view that a smooth and faithful implementation of the cooperative measures contained in Mr. Shima's letters of May will provide the bases for the formulation of the programs for 1990 and thereafter which might be expanded as necessary. The Fisheries Agency of Japan is therefore prepared to accept, at sea, U.S. observers, who have missed the opportunities of embarkation.

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