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2. A report on results of the 1990 research cruises in the squid and large-mesh driftnet fishing areas will be provided to the appropriate authorities of Japan, Canada and the United States within 90 days after the completion of the cruises.

3. Reports of results of other research related to the high seas driftnet programs will be provided to the appropriate authorities of Japan, Canada and the United States upon completion.

B. Reporting

1. Data reporting will be made by the appropriate authorities of Japan, Canada and the United States according to the following schedules:

(a) For the squid and large-mesh driftnet observer programs, the appropriate authorities of Japan, Canada and the United States will jointly produce by April 1, 1991, a preliminary data summary, of total catches and average catch rates collected by Japanese and North American scientific observers of the species of cephalopods, finfish, marine mammals, seabirds and sea turtles identified in section 2.A by 1° x 1° areas by 10-day period and month. To facilitate the production of the preliminary data summaries, Canadian, Japanese and U.S. scientists will meet early in 1991.

(b) A final report reviewing data identified section 2.A collected by Japanese and North American scientific observers during 1990 will be jointly produced by the appropriate authorities of Japan, Canada and the United States by May 31, 1991. The preliminary data summaries and the final report will include data collected on the catch and bycatch of all species. If there are disagreements among the appropriate authorities of Japan, Canada and the United States pertaining to the data summaries or reports, the differences will be described therein.

2. All observed field data collected from individual operations shall not be opened to the public. The summary reviews and the final reports of the observations made by the Japanese and North American scientific observers shall not be opened to the public until their completion as specified in Section 3.B.1(b).

4. Research Coordination

Recognizing that canada, the U.S. and Japan are conducting research programs relevant to the interpretation of driftnet fisheries observer data, the range and scope of potential cooperation in these programs should be thoroughly considered prior to implementations of the 1990 driftnet fisheries observer program. Canadian, Japanese and U.S. scientists familiar with these programs will exchange views on potential collaboration.

Discussions will include:

(1) current and anticipated research on the biology and population dynamics of species taken in the North Pacific driftnet fisheries;

(2) current and anticipated research on the physical and biological oceanography of the high seas driftnet fishing area;

(3) current and anticipated research and development of fisheries technologies relevant to driftnet fisheries and the avoidance of non-target species; and

(4) research vessel and chartered fishing vessel activities for the North Pacific high seas region in 1990.

BILATERAL / JAPAN

Table 1. Deployment of Scientific Observers and the number of Squid Driftnet Fishing Vessels to be observed during 1990.

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Table 2. Deployment of Scientific Observers and the number of Large-mesh Driftnet Fishing Vessels to be observed during 1990-1991.

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ANNEX B
ARRANGEMENTS FOR OBSERVATION OF JAPANESE HIGH SEAS

DRIFTNET OPERATIONS FOR 1990

This Annex describes the arrangements for the implementation of the scientific observer programs on board Japanese high seas driftnet vessels in the North Pacific Ocean for 1990.

1. Coordinators: The National Marine Fisheries Service (NMFS) of the United States, Department of Fisheries and Oceans (DFO) of Canada and the Fisheries Agency of Japan (FAJ) will take necessary measures within their respective competence for smooth implementation of the scientific observer programs. They will nominate their respective coordinators and exchange the names of their coordinators and contact procedures for implementation of this program by April 15, 1990.

2. Host Vessels: The FAJ will provide a list of the Japanese squid driftnet vessels scheduled to host Canadian and U.S. scientific observers to the DFO and the NMFS respectively by April 30, 1990. Similar lists for large-mesh driftnet vessels will be provided at least one month before the departure of the host vessels. These lists will include the vessel name, size, expected dates for taking on observers, and expected areas of fishing. Host vessels will be selected taking into account the sampling schedules in ANNEX A and views of the DFO and NMFS. The FAJ will notify the DFO and NMFS of the itineraries of each host vessel at least 15 days prior to embarkation of observers.

3. Embarkation and Disembarkation: In principle, embarkation and disembarkation of Canadian and U.S. scientific observers will be from Japanese ports. Should such arrangements be impractical, the embarkation and/or disembarkation of Canadian and U.S. scientific observers to and from the host driftnet vessel may be made via transport or other vessels. The FAJ may arrange for such transportation in consultation with the DFO and NMFS. If necessary, the FAJ will assist scientific observers the procurement of standard biological supplies and preservatives (formalin, etc.) as may be required for specimen collection.

4. Travel to Port: The DFO and NMFS will provide travel arrangements for Canadian and U.S. scientific observers respectively to and from the ports of embarkation and disembarkation and the cost of stay on land. Canadian and U.S. scientific observers are required to arrive at ports at least two working days prior to the scheduled departure dates of their host vessel.

5. At-sea Transfer: In the event that a host vessel of a Canadian or U.S. scientific observer cannot continue operation and must return to port due to such incident as accident or mechanical trouble, the FAJ will arrange for a substitute vessel to continue observations. However, if such transfer opportunity is unavailable, the observer will return to port aboard the host vessel.

6. Redeployment of Observers: If a Canadian or U.S. scientific observer is unexpectedly returned to port, the FAJ will arrange for the observer to board a substitute Japanese driftnet vessel to complete the required number of observations.

7. Observer Training and Duties: The Alaska Fisheries Science Center (AFSC) of the NMFS will send observer trainers to Japan in early 1990 to coordinate training and standardize sampling procedures with the National Research Institute of Far Seas Fisheries, FAJ (NRIFSF). The NRIFSF will also spend Japanese observer trainers to the AFSC in early 1990 to coordinate training and standardize sampling procedures. Canada will also participate in such joint training sessions held at the AFSC. All expenses for the travel described in this paragraph will be borne by the side sending observers.

The duties of Canadian, U.S. and Japanese scientific observers will be standardized according to training procedures developed by the DFO, AFSC and NRIFSF, and will be described in the observer manual. The data collection procedures and data forms used by each scientific observer will be standardized by the DFO, AFSC and NRIFSF.

8. Information: In the event that the FAJ obtains information that will affect the implementation of the above arrangements, the FAJ will immediately provide such information to Canadian and U.S. authorities.

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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:

April 12, 1990

Ambassador Edward E. Wolfe
Deputy Assistant Secretary
Department of State

Dr. William W. Fox, Jr.
Assistant Administrator for
Fisheries
National Marine Fisheries
Service, Department of Commerce

Dear Ambassador Wolfe / Dr. Fox:

With reference to the letters of Mr. K. Shima dated May 2, 1989 and of Mr. Tanaka dated June 26, 1989, I would like to inform you of the following.

In the 1990 fishing season, the Japanese side will implement the attached regulatory, enforcement and information gathering program on the Japanese squid and large-mesh driftnet fisheries in accordance with the principle that enforcement activities with regard to high seas fishery including, but not limited to, those driftnet fisheries should be conducted under the responsibility and initiative of the flag state.

In devising the program, the Fisheries Agency has paid full respect to the United Nations Resolution A/C 2/44/L.81 and taken into account your concerns regarding the incidental take of North American origin anadromous species by the squid and large-mesh driftnet fisheries. The details of this program are described in the attachment.

Sincerely,

Kouji Imamura
Councillor
Fisheries Agency
Government of Japan

C.c.

Dr. J. C. Davis
Pacific Director-Science
Pacific Region
Department of Fisheries and Oceans
Government of Canada

ATTACHMENT

REGULATORY, ENFORCEMENT AND INFORMATION GATHERING PROGRAM OF THE GOVERNMENT OF JAPAN ON THE JAPANESE HIGH SEAS SQUID AND

LARGE-MESH DRIFTNET FISHERIES FOR THE 1990 FISHING SEASON

The Government of Japan (GOJ), as flag state with established jurisdiction over its high seas fisheries on the basis of the principle of the freedom of the high seas, has instituted necessary regulatory measures to control the squid driftnet and large-mesh fisheries on the high seas and has constructed enforcement programs to ensure compliance with those measures for the 1990 fishing season. The Japanese side intends to continue to make information available to the Canadian and U.S. sides.

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In response to the rapid expansion of the squid driftnet fisheries, the GOJ introduced a limited-entry licensing system and other regulations in August, 1981, prohibiting fishing operations in the North Pacific targeting for squid by using driftnets without a license issued by the Minister of Agriculture, Forestry and Fisheries (MAFF). Since then there has been a steady decrease in the number of vessels. The following are the main elements of these measures.

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Limit of the fishing ground and period: in particular, establishment of the northern boundary by month based on the best scientific information available in order to minimize incidental takes of the anadromous species inhabiting waters to the north of the waters where flying squids (Ommastrephes bartrami) are distributed.

3)

Prohibition of retention on anadromous species, even taken incidentally

4)

Prohibition of transfer of catch at sea

5)

Mandatory display of the vessel's name, registration number, and license number on the hull for facilitating the identification of the vessel at sea

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Mandatory record and submission to the Fisheries Agency of NNSS data in order to identify operational positions

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In the event of the violation of any of the regulations above, penalties will be imposed in accordance with the Japanese domestic regulations.

The period of "port confinement which is an administrative penalty imposed on violations has been doubled effective from the 1988 fishing season.

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Major enforcement measures imposed upon this fishery have been restrictions on the fishing season, the fishing grounds and the fishing gears. In addition to these measures, the MAFF introduced a registration system to this fishery in August 1989 by modifying its ministerial ordinance. Under this registration system large-mesh fishermen operating on the high seas are required to register their fishing plan in order to engage in the fishery and submit catch reports and other necessary information to the MAFF for a better understanding of the fishing operations.

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2)

Prohibition of retention of anadromous species, even taken incidentally
Mandatory display of vessel's name and registration number for facilitating identification of the
vessel at sea

3)

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