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In a related letter, dated February 6, 1975, William L. Sullivan, Jr., Acting Chairman of the U.S. Delegation to the fisheries talks, confirmed that the Agreement constitutes "a completely satisfactory agreement concerning conservation of the living resources of the United States Continental Shelf under the terms of the Department of State's circular note of December 5, 1974." See the 1974 Digest, Ch. 7, § 4, pp. 323–324.

At the same negotiating session, February 3-26, 1975, the United States and the Soviet Union failed to reach agreement on issues relating to the conservation of North Pacific fishery resources and on ways of most effectively reducing conflicts between U.S. and Soviet fishermen with minimal impact on the fisheries of both countries. The two countries agreed, however, to extend to July 1, 1975, three existing agreements relating to crab fishing in the eastern Bering Sea (TIAS 7571), fishing operations in the Northeastern Pacific Ocean (TIAS 7572), and fisheries problems in the Northeastern part of the Pacific Ocean off the coast of the United States (TIAS 7573).

Dept. of State Bulletin, Vol. LXXII, No. 1866, Mar. 31, 1975, p.

426.

An agreement relating to the fisheries of the North Pacific area, extending from California to Alaska, was concluded by representatives of the United States and the Soviet Union at Washington on July 18, 1975 (TIAS 8160; 26 UST). It was the fifth such agreement concluded between the two Governments on Pacific coast fisheries. The new agreement covered the period August 1, 1975, through December 31, 1976. It included a 30-day notice reopening clause which could be invoked should the situation in the fisheries change greatly during that period.

The agreement required the Soviet Union to place additional and extensive restrictions on its Pacific fishery off the U.S. coast. These restrictions included the closing off of large areas to the Soviet fleets, either on a year-round basis or during the period when Soviet fishing could be harmful to stocks of fish, such as halibut, rockfish, and crabs, that are of particular interest to U.S. fishermen. Limitations on Soviet catches were provided for such species as pollock, hake, and rockfish. These catch quotas, in combination with extensive area-time closures, were also intended to provide protection for species of special interest to U.S. fishermen.

The agreement contained measures to prevent fishing gear conflicts, protect the species which inhabit the U.S. Continental Shelf, and provide for observation and enforcement of the agreement's provisions. Cooperative research and exchange of information on species of joint interest were also provided for.

Dept. of State Bulletin, Vol. LXXIII, No. 1885, Aug. 11, 1975, p. 230.

U.S. Poland

On May 29, 1975, the United States and Poland signed an Agreement Regarding Fisheries in the Western Region of the Middle Atlantic Ocean (TIAS 8099; 26 UST 1117; entered into force July 1, 1975). The Agreement was to extend to June 30, 1976, and if agreed at that time could be extended for another year; either Government could terminate it by two months notice.

The Agreement was aimed at providing improved conservation for certain species of fish, such as river herring, which are found off the United States Atlantic coast and increased protection for some shellfish and other creatures, such as lobsters, found upon the U.S. east coast Continental Shelf. It continued a series of agreements, begun in 1969, to place restrictions upon Poland's fishing effort in waters of the western region of the middle Atlantic. These waters, heavily fished by foreign fleets, contain once-rich stocks of fish such as flounders, hake, and black sea bass which are of great importance to U.S. fishermen. The new Agreement provided additional reductions in the geographic area in which the Poles may fish and reductions in the amount of the Polish catch. Poland agreed, for example, not to direct any fishing effort toward river herring and to avoid fishing at times and in places where concentrations of such fish occur. Upon reaching a specified quota for incidental catches of river herring, Polish fishing vessels would be required to leave a specified area.

The provisions of the Agreement include a number of practical measures that were to be taken to avoid catching or otherwise harming the fishery resources of the U.S. Continental Shelf, such as lobsters and some crabs. To insure strict adherence to the Agreement additional arrangements permit the use of observers on Polish fishing vessels and allow for on-board inspection of catches and gear. Except where enforcement is otherwise provided for, the Scheme of Joint International Enforcement in effect under the International Convention for the Northwest Atlantic Fisheries (TIAS 2089; 1 UST 477; entered into force for the United States July 3, 1950) was declared to apply on a voluntary basis.

Measures to minimize the possibility of conflict between different types of fishing gear were included in the Agreement, which also continues the existing U.S.-Polish Fisheries Board, a mechanism aimed at providing for settlement of claims for damage from gear conflicts and consideration of other fisheries problems that might arise from the Agreement. See post, Ch. 13, $ 2, p. 763.

The United States agreed, in return for the measures resulting in a reduction of Polish fishery, to allow Polish vessels to conduct loading operations in the contiguous zone between 3 and 12 miles off the U.S. coast in three localities and to make limited port calls as before. A new provision allows Polish vessels a limited opportunity to exchange their crews in the Port of New York.

Dept. of State Bulletin, Vol. LXXIII, No. 1882, July 21, 1975, p. 106.

The United States and Poland, on May 30, 1975, signed a short term fisheries agreement, to be effective from June 15 to December 31, 1975, relating to the fisheries of the North Pacific area extending from California north to Alaska (TIAS 8100; 26 UST 1179). It was the first such agreement concluded between the two countries on Pacific coast fisheries.

Poland agreed to maintain the level of her fishing effort in 1975 to not more than 15 vessels, of which not more than 11 vessels would fish at the same time. The 11 vessels were to be dispersed in a manner designed to avoid a concentration of vessels in one locality. Poland also agreed to refrain from fishing for salmon and halibut and not to conduct specialized fisheries for other species of special importance to the United States. The special species included rockfish, black-cod, flounders, soles, anchovy, Pacific mackerel and shrimp. At the same time Polish vessels were required, during the period of the Agreement, to begin to switch from bottom trawling to pelagic trawling, thereby minimizing the chances of catching bottom species which U.S. fishermen were primarily seeking. In addition, Poland agreed to abide by the conservation provisions of the agreements concluded between the United States and other countries fishing in the North Pacific, and to refrain from fishing in a new closed area off northern California where U.S. fishermen fish with fixed gear so as to prevent damaging the U.S. gear.

Both Governments agreed to expand their research on species of interest to both sides and to exchange biostatistical data on a timely basis. They also agreed to initiate a program whereby fisheries experts from one side could board vessels of the other side to observe their operations and collect data. In this regard, the Polish side also agreed to permit duly authorized U.S. Federal and State officials to board and conduct inspections of their vessels.

The Agreement spelled out measures which the Polish fishermen would take to avoid taking U.S. Continental Shelf resources, such as king and tanner crabs. The United States, in return, agreed to permit Polish vessels to conduct loading operations in two localities in the U.S. contiguous fishery zone (3–12 miles).

Article 9 of the Agreement provides that the activities of nationals and vessels of the parties come within the purview of the U.S.-Polish Fisheries Board, established by the Agreement of May 29, 1975, Regarding Fisheries in the Western Region of the Middle Atlantic Ocean, and Annex I thereto. See post, Ch. 13, § 2, p. 763.

Dept. of State Bulletin, Vol. LXXIII, No. 1882, July 21, 1975, p. 107.

On December 16, 1975, the United States and Poland signed a new fisheries agreement, effective January 1, 1976, concerning Polish fishing off the Pacific coast of the United States. It was the first bilateral agreement in implementation of the U.S. fisheries initiative announced by Secretary of State Henry A. Kissinger in an address to the American Bar Association on August 11, 1975, in which he stated that, as a transition to an eventual 200-mile zone, the United States would negotiate interim arrangements with other nations to conserve and protect the U.S. fishing industry while a convention on law of the sea was being negotiated. See ante, this chapter, § 1, pp. 379 and 384.

The Department of State announced that the agreement with Poland included, for the first time, principles that would govern fishing off the Pacific coast based on the consensus emerging from the U.N. Conference on the Law of the Sea concerning legal and jurisdictional changes in the regime of fisheries management within 200 miles of coastal countries. These principles were set forth in the preamble and first two articles as follows:

The Government of the United States of America and the Government of the Polish People's Republic;

Desiring to establish a rational regime for the conservation and management of the fish stocks off the Pacific Coast of the United States;

Recognizing the need to restore those stocks and to maintain them at maximum sustainable yield;

Desiring to promote the objective of optimum utilization of those stocks in accordance with the results of scientific research;

Taking into account anticipated legal and jurisdictional changes in the regime of fisheries management based upon the consensus emerging from the Third United Nations Conference on the Law of the Sea, and the need to implement such changes according to certain principles having due regard for the interests of the affected coastal and distant-water fishing nations;

Aware that, since 1973, Polish vessels and nationals have habitually fished in particular areas of the Northeastern Pacific Ocean off the coast of the United States,

Have agreed as follows:

Article 1

The basic purposes of this Agreement are to:

(a) ensure effective conservation and rational management of the fisheries of common concern off the coast of the United States in the Northeastern Pacific Ocean;

(b) establish a common understanding of the principles which will form the basis for future cooperation between the two Governments regarding those fisheries; and

(c) provide solutions to current problems in those fisheries.

Article 2

1. It is agreed that the following principles will be applied in order to adjust future fishing by nationals and vessels of Poland off the Pacific Coast of the United States without prejudice to special principles applicable to certain species, including anadromous species and highly migratory species:

(a) The establishment of a rational conservation regime based on the best available scientific evidence;

(b) The determination of allowable catch and other conservation measures by the United States, after consultations with the affected states, including Poland in appropriate cases, on the basis of maximum sustainable yield as qualified by relevant environmental and economic factors;

(c) The implementation of preferential harvesting rights for United States fishermen based on their capacity to harvest the living resources;

(d) The implementation of an allocation system based on the principle of optimum utilization;

(e) Allocation among foreign states of that part of the allowable catch in excess of United States harvesting capacity, taking into account, inter alia, the need to minimize economic dislocation in states whose nationals have habitually fished in the area and their cooperation during such time with respect to the conservation of the resources;

(f) The establishment of more effective enforcement procedures including greater participation by the United States;

(g) The implementation of a standardized system for collection of relevant statistical information; and

(h) The implementation of arrangements to resolve gear conflicts and to ensure adequate compensation to United States fishermen.

2. In cases where the full initial implementation of United States preferential harvesting rights in a single year would

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