U.S.-Mexico

The United States and Mexico, on November 24, 1976, signed an agreement (entered into force November 24, 1976), establishing the principles and procedures under which fishing for certain living resources within 200 miles of Mexico may be conducted by vessels of the United States. The United States and Mexico had both recently passed legislation establishing jurisdiction over fisheries within 200 miles of their respective coasts. The Mexican law was being generally enforced with respect to foreign fishermen as of July 31, 1976; the enforcement date under the U.S. law, the Fishery Management and Conservation Act of 1976 (90 Stat. 331; 16 U.S.C. 1801 et seq.), was March 1, 1977.

The agreement with Mexico was intended to promote cooperation in the effective conservation, optimum utilization and management by Mexico of coastal fisheries resources which U.S. fishermen have habitually fished.

The agreement recognizes the right of authorized Mexican officials to stop, board, and inspect any fishing vessel of the United States that is fishing in the zone off the Mexican coast when there is reason to believe that it is not complying with the Mexican requirements. In case of seizure and arrest of a U.S. vessel, notification is to be given through diplomatic channels of the action taken and the penalties imposed. Arrested vessels and their crews are to be released promptly upon the posting of bond or other security. Penalties are not to include imprisonment or other form of corporal punishment. Mexico reserves the right, by mutual agreement, to place on board U.S. fishing vessels observers of Mexican nationality. There is also a provision to extend reciprocity in principle should the Mexican Government indicate that its nationals and vessels wish to engage in fishing for living resources over which the United States exercises fishery management authority.

Simultaneously with signature of the fishery agreement, the two countries exchanged notes on provisional maritime boundaries. See ante, Ch. 7, § 3, p. 348. For text of jurisdictional articles of U.S.Mexico fisheries agreement, see ante, Ch. 6, § 5, p. 298.

U.S.-U.S.S.R.

The United States and the Soviet Union, on March 1, 1976, signed a new agreement (TIAS 8349; 27 UST) concerning fisheries in the Middle Atlantic Ocean off the coast of the United States. It extends and modifies an earlier agreement which expired on February 29, 1976. The new agreement includes provisions designed to regulate, conserve, and protect various stocks of fish off the Atlantic coast of the United States as a supplement to the regulations issued under the

International Commission for the Northwest Atlantic Fisheries (ICNAF). The agreement covers some areas and provides protection for certain stocks, such as river herring, which are not covered by ICNAF.

The major provisions of the agreement provide for:

-No bottom trawling by Soviet vessels in the areas known as ICNAF Statistical Area 6, and south of that to 34° North Latitude, -Closed areas during January to April where certain stocks of great interest to U.S. fishermen concentrate during the winter months, and during February and March where river herring school preparatory to spawning,

-Stringent limits on incidental catches of scup, flounders, bluefish, river herring, menhaden and black sea bass,

-Measures to minimize fishing gear conflicts,

-Prohibition on fishing for or retaining creatures of the Continental Shelf,

-Port call privileges in four U.S. ports for limited numbers of Soviet fishing vessels,

-An enforcement system to insure adherence to the provisions of the agreement, and

-A broad program of scientific data collection and exchange. The agreement continues through April 30, 1977.

Negotiation of the above agreement to include provisions relating to continental shelf fishery resources was authorized by P.L. 88-308 of May 20, 1964, as amended, and the statutory authority of the Secretary of State to manage the foreign affairs of the United States, 22 U.S.C. 2656. P.L. 88-308 prohibits foreign vessels from taking continental shelf fishery resources which appertain to the United States "except as provided in this chapter or as expressly provided by an international agreement to which the United States is a party." Insofar as other fishery resources are concerned, the agreement was authorized by P.L. 89-658 of Oct. 14, 1966, and 22 U.S.C. 2656. Memorandum by Bernard H. Oxman, Assistant Legal Adivser for Oceans, Environment and Scientific Affairs, Dept. of State File L/T.

During the negotiations of the U.S.-U.S.S.R. agreement, supra, the two delegations discussed the use of UHF radio channels 10, 11, and 12 involving frequencies of 156.50, 156.55, and 156.60 Mega Hertz respectively. On February 25, 1976, the United States Delegation recorded its understanding on the matter in a pro memoria:

The Delegation of the United States stated that a significant number of reports have been received from American fishermen indicating that Soviet vessels fishing off the North Atlantic coast of the United States very frequently use these channels for communications not related to fishery operations or to navigation. The reports indicate that this problem is particularly acute on Southern New England grounds and in the Mid-Atlantic bight (approximately International Commission for the Northwest Atlantic Fisheries (ICNAF) Division 5ZW and Statistical Area 6). The United States side pointed out that these frequencies, which are very heavily used, are designated for international use and that nonessential use of them by the vessels of any country will cause

losses of efficiency in the fishing operations of other legitimate

users.

It was the understanding of the Delegation of the United States of America that the Delegation of the Union of Soviet Socialist Republics, being informed of this matter, would, in a spirit of mutual cooperation, take steps to insure that the masters of Soviet fishing vessels operating in the area involved, at the same time they are informed of the detailed provisions of the new agreement, will be requested to limit their use of the radio channels involved to essential communications.

Dept. of State File No. P 76 0030-919.

Conservation

Northwest Atlantic Fisheries

Revised U.S. regulations to carry out the conservation recommendations adopted in 1975 by the International Commission for Northwest Atlantic Fisheries (ICNAF) were issued by the National Marine Fisheries Service on December 31, 1975. The regulations revised 50 Code of Federal Regulations Part 240 with respect to general provisions on the effective period, licensing, persons and vessels exempted, and reporting procedures. They also contained specific provisions on groundfish fisheries, flatfish, hake, pelagic fisheries, all other finfish, squid fisheries and shellfish, and overall quota for the Convention area. An optional settlement agreement and an incidental catch agreement for yellowtail flounder are set forth in appendices.

The regulations were issued under authority contained in the Northwest Atlantic Fisheries Act of 1950 (16 U.S.C. 986). Because of the need for immediate guidance with respect to their provisions and the fact that they relate to a foreign affairs function of the United States under 5 U.S.C. 553(a) (1), they were declared immediately effective January 1, 1976.

Fed. Reg., Vol. 41, No. 3, Jan. 6, 1976, pp. 1067-1076. Revised U.S. regulations on the 1976 herring catch, reflecting agreement reached at the ICNAF meeting June 8-23, 1976, were incorporated in 50 CFR 240.41. See Fed. Reg., Vol. 41, No. 157, Aug. 12, 1976, p. 34047.

The United States withdrew from the International Convention for the Northwest Atlantic Fisheries (ICNAF) (TIAS 2089; 1 UST 477), effective December 31, 1976. Its notice of withdrawal was filed June 22, 1976, to take effect December 31 "unless . . . sooner revoked." The U.S. action was taken in recognition of the requirement in section 202(b) of the Fishery Conservation and Management Act (P.L. 94-265; 90 Stat. 331; 16 U.S.C. 1822(b)), see ante, p. 351, calling for renegotiation of any treaty which pertains to fishing within the 200-mile fishery conservation zone, coupled with the sense-of

Congress statement in the Act regarding withdrawal if not renegotiated within a reasonable time.

On January 1, 1977, the Acting Secretary of State announced that the President had decided, as a consequence of the extended U.S. jurisdiction and in keeping with the intent of the Act, that the U.S. withdrawal should become effective. The Acting Secretary added:

The United States has been an active member of ICNAF since its inception 26 years ago. That Convention has made significant contributions to fishery conservation in the Northwest Atlantic area. We have benefited from decisions taken by Convention members. The scientific research and management of fisheries of the area which have been carried out under ICNAF are outstanding examples of the benefits which can be achieved through international cooperation. The President, has, therefore, concluded that as we move toward implementation of our legislation the United States should take into account, in developing our 1977 management plans, the management proposals developed at the last meeting of ICNAF.

The expertise developed within ICNAF will provide a sound basis for the establishment of a successor organization which will provide for international cooperation in joint research, even though fisheries management within our 200-mile zone will now be a domestic responsibility of the United States. The United States will actively support efforts to continue international consultation and cooperation in dealing with fisheries problems in the Northwest Atlantic and will participate in the conference of plenipotentiaries in early 1977 to consider the drafting of a new convention.

Dept. of State Bulletin, Vol. LXXVI, No. 1962, Jan. 31, 1977, p. 95. On June 29, 1976, Canada gave notice of its withdrawal from the Convention, effective Dec. 31, 1976; but on Dec. 28, it revoked its withdrawal notice, "taking into account the positive results of the meetings of ICNAF held in June and December." Dept. of State depositary file, L/T. Atlantic Tuna

Pursuant to the Atlantic Tunas Convention of 1975, 16 U.S.C. 971 et seq., and in implementation of the conservation measures adopted by the International Convention for the Conservation of Atlantic Tunas (TIAS 6767; 20 UST 2887; entered into force for the United States March 21, 1969), the National Marine Fisheries Service issued, on February 23, 1976, U.S. regulations concerning the taking of yellowfin tuna in Atlantic waters. The regulations, effective February 25, 1976, amended Title 50 of the Code of Federal Regulations, Part 285, Subpart A, with respect to procedural matters and added Subpart C, provisions governing the yellowfin tuna fishery, as well as Subpart D, provisions governing the importation of tuna and tuna products.

For the text of 50 CFR 285, Subparts A, C, and D, as promulgated Feb. 23, 1976, see Fed. Reg., Vol. 41, No. 39, Feb. 26, 1976, pp. 8350-8354.

On May 18, 1976, the National Marine Fisheries Service issued revised regulations on the taking of Atlantic bluefin tuna in Atlantic waters, to continue implementation of the conservation measures adopted by the International Commission for the Conservation of Atlantic Tunas. The new regulations, pursuant to the Atlantic Tunas Convention Act of 1975, amended annual catch quotas for bluefin tuna between 14 and 115 pounds and larger than 300 pounds, revised the daily bag limit, clarified the boundary line south from Massachusetts, simplified the reporting requirements, and implemented a certificate system and a release and tag permit system. For the revised text of 50 CFR, Subpart B, see Fed. Reg., Vol. 41, No. 97, May 18, 1976, pp. 20412-20413.

On April 20, 1976, the Department of State announced the establishment of the Advisory Committee to the U.S. Section of the National Commission for the Conservation of Atlantic Tunas. The action was taken pursuant to the Atlantic Tunas Convention Act of 1975, 16 U.S.C. 971 et seq. The purpose of the Committee is stated to be solely advisory with respect to U.S. participation in the work of the Commission, with particular reference to development of U.S. policies, positions, and negotiating tactics. The Committee is to have a chairman and an executive secretary and not more than 20 public members, plus ex-officio members composed of a representative from each of the fisheries agencies of the States which maintain a substantive tuna fishery in the regulatory area under the International Convention for the Conservation of Atlantic Tunas.

Dept. of State Press Release No. 183, Apr. 20, 1976.

Pacific Tuna

On March 16, 1976, the National Marine Fisheries Service issued amended regulations governing Pacific tuna fisheries, in implementation of the Convention for the Establishment of an Inter-American Tropical Tuna Commission (TIAS 2044; 1 UST 230; entered into force for the United States March 3, 1950) and under the authority of the Tuna Conventions Act of 1950, as amended, 16 U.S.C. 955 (c). The revised regulations, effective March 19, 1976, amended 50 Code of Federal Regulations Part 280 with respect to the regulatory area under the convention, open and closed season restrictions applicable to fishing vessels, and restrictions applicable to cargo vessels.

For the text of 50 CFR 280.1-14, as revised, see Fed. Reg., Vol. 41, No. 55, March 19, 1976, pp. 11524-11529.

Continental Shelf Fishery Resources

On June 21, 1976, the National Marine Fisheries Service announced the adoption, effective July 24, 1976, of Final Standards