ARTICLE XI 1. The Government of the United States will impose appropriate penalties, in accordance with the laws of the United States, on vessels of Member States of the Community or their owners, operators, or crews that violate the requirements of this Agreement or of any permit issued hereunder. 2. Arrested vessels and their crews shall be promptly released, subject to such reasonable bond or other security as may be determined by the court. 3. In any case arising out of fishing activities under this Agreement, the penalty for violation of fishery regulations shall not include imprisonment except in the case of an enforcement related offense such as assault on an enforcement officer or refusal to permit boarding and inspection. 4. In cases of seizure and arrest of a vessel of a Member State of the Community by the authorities of the Government of the United States, notification shall be given promptly through diplomatic channels informing the Community and the Member State concerned of the action taken and of any penalties subsequently imposed. 1. ARTICLE XII The Government of the United States and the competent agencies of the Community shall co-operate in the conduct of scientific research required for the purpose of managing and conserving living resources over which the United States has sovereign rights to explore, exploit, conserve and manage, including the compilation of the best available scientific information for management and conservation of stocks of mutual interest. 2. The competent agencies of the two Parties shall co-operate in the development of a periodic research plan on stocks of mutual concern through correspondence or meetings as appropriate, and may modify it from time to time by agreement. The agreed research plans may include, but are not limited to, the exchange of information and scientists, regularly scheduled meetings between scientists to prepare research plans and review progress, and jointly conducted research projects. 3. The conduct of agreed research during regular commercial fishing operations on board of a fishing vessel of a Member State of the Community in the United States exclusive economic zone shall not be deemed to change the character of the vessel's activities from fishing to scientific research. Therefore, it will still be necessary to obtain a permit for the vessel in accordance with Article VII. 4. The Community shall co-operate with the Government of the United States in the implementation of procedures for collecting and reporting biostatistical information and fisheries data, including catch and effort statistics, in accordance with procedures which will be stipulated by the United States. ARTICLE XIII In the interest of conservation, restoration, enhancement and rational management of salmon stocks of United States origin as well as of Community origin, both Parties shall consult and cooperate under the Convention for the Conservation of Salmon in the North Atlantic Ocean. 1. ARTICLE XIV The Government of the United States and the Community shall carry out periodic bilateral consultations regarding the implementation of this Agreement and the development of further co-operation in the field of fisheries of mutual concern, including co-operation within the framework of appropriate multilateral organizations for the collection and analysis of scientific data respecting such fisheries. 2. At the request of either Party any dispute concerning the interpretation or application of this Agreement shall be the subject of consultations between the Parties. ARTICLE XV The Government of the United States undertakes to authorize fishing vessels of Member States of the Community allowed to fish pursuant to this Agreement to enter ports in accordance with United States laws for the purpose of purchasing bait, supplies, or outfits, or effecting repairs, changing crews, or for such other purposes as may be authorized. ARTICLE XVI Should the Government of the United States indicate to the Community that nationals and vessels of the United States wish to engage in fishing in the Community's fishing zone the Community shall, in accordance with the provisions of the Common Fisheries Policy, allow such fishing on terms not more restrictive than those established in accordance with this Agreement. ARTICLE XVII Nothing contained in the present Agreement shall prejudice: 1) 2) the views of either Party with respect to the existing territorial or other jurisdiction of the coastal State for all purposes other than the conservation and management of fisheries; or any other international rights and obligations of either Party. ARTICLE XVIII The Agreement shall apply to the territories in which the Treaty establishing the Community applies, under the conditions of that Treaty, and to the United States, its territories and its possessions. 1. ARTICLE XIX This Agreement, together with the Agreed Minutes which form an integral part thereof, shall enter into force on a date to be agreed upon by exchange of notes, following the completion of internal procedures of both Parties, and remain in force until 1 July 1989, unless extended by exchange of notes between the Parties. Notwithstanding the foregoing, either Party may terminate this Agreement after giving written notice of such termination to the other Party six months in advance. 2. At the request of either Party, this Agreement shall be subject to review by the two Parties two years after its entry into force. IN WITNESS WHEREOF, the undersigned, being duly authorized for this purpose, have signed this Agreement. DONE at Washington, 1st October, 1984, in the Danish, Dutch, English, French, German, Greek and Italian languages, each of these texts being equally authentic. ANNEX APPLICATION AND PERMIT PROCEDURES The following procedures shall govern the application for and issuance of annual permits authorizing vessels of the Member States of the Community to engage in fishing for living resources over which the United States has sovereign rights to explore, exploit, conserve and manage: 1. The Community may submit an application to the competent authorities of the United States for each fishing vessel of a Member State of the Community that wishes to engage in fishing pursuant to this Agreement. Such application shall be made on forms provided by the Government of the United States for that purpose. a) the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner and operator thereof; b) the tonnage, capacity, speed, processing equipment, type and quantity of fishing gear, and such other information relating to the fishing characteristics of the vessel as may be requested; d) 3. e) the amount of fish or tonnage of catch by species contemplated for each vessel during the time such permit is in force; the ocean area in which, and the season or period during which, such fishing would be conducted; and f) such other relevant information as may be requested, including desired transshipping areas. The Government of the United States shall review each application, shall determine what conditions and restrictions may be needed, and what fee will be required, and. shall inform the Community of such determinations. The Government of the United States reserves the right not to approve applications. If permit applications are disapproved, the United States authorities will inform the Community of the reasons for such disapproval. 4. The Community shall thereupon notify the Government of the United States of its acceptance or rejection of such conditions and restrictions and, in the case of a rejection, of its objections thereto. 5. Upon acceptance of the conditions and restrictions by the Community and the payment of any fees, the Government of the United States shall approve the application and issue a permit for each fishing vessel of a Member State of the Community which fishing vessel shall thereupon be authorized to fish in accordance with this Agreement and the terms and conditions set forth in the permit. Such permits shall be issued for a specific vessel and shall not be transferred. 6. In the event the Community notifies the Government of the United States of its objections to specific conditions and restrictions, the two sides may consult with respect thereto and the Community may thereupon submit a revised application. 7. The procedures in this Annex may be amended by agreement through an exchange of notes between the two Parties. Department of State November 13, 1984 The Department of State refers the Delegation of the European Communities to the Agreement between the Government of the United States of America and the European Economic Community Concerning Fisheries Off the Coasts of the United States, signed October 1, 1984. With reference to Article XIX, paragraph 1, of the Agreement, the Department of State wishes to inform the Delegation 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 Community, the Department of State proposes that the Agreement enter into force on the date of the Delegation's note in reply. DELEGATION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES Washington, D.C. November 14, 1984 I have received your note of November 13, 1984, which reads as follows: "The Department of State refers the Delegation of the European Communities to the Agreement Between the Government of the United States of America and the European Economic Community Concerning Fisheries Off the Coasts of the United States, signed October 1, 1984. With reference to Article XIX, paragraph 1, of the Agreement, the Department of State wishes to inform the Delegation 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 Community, the Department of State proposes that the Agreement enter into force on the date of the Delegation's note in reply." I have the honour, on behalf of the European Economic Community, to confirm that the Community agrees to the proposal of the United States of America that the Agreement should enter into force on the date of this present note. Roy Denman Amendment to the Agreement Between the Government of the United States of America and the European Economic Community Concerning Fisheries off the Coasts of the United States, Brussels, 1988-1989 Done at Brussels 15 September 1988 Entered into force 4 August 1989, Primary source citation: Copy of text provided by the The United States Mission to the European Communities September 15, 1988 No. 10 The United States Mission to the European Communities presents its compliments to the Commission of the European Communities and wishes to draw the attention of the Commission of the European Communities to the agreement between the Government of the United States of America and the European Communities concerning fisheries off the coasts of the United States, signed at Washington on October 1, 1984, and due to expire on July 1, 1989. The United States proposes that the agreement be extended until July 1, 1991, and that it be amended as follows: A. B. C. D. In Article III, Paragraph 2, replace the words “necessitated by unforeseen circumstances affecting the stocks" with the word "appropriate.” In Article IV, replace the phrase, "the Magnuson Fishery Conservation and Management Act, as amended, that is:" with the phrase, “U.S. law, including:". Remove quotation marks and replace italic numerals which follow with corresponding arabic numerals. 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 |