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authorized to receive and respond to any legal process issued in the United States with respect to such owner or operator; and

(G) responsibility be assumed, in accordance with any requirements prescribed by the Secretary, for the reimbursement of United States citizens for any loss of, or damage to, their fishing vessels, fishing gear, or catch which is caused by any fishing vessel of that nation; and will abide by any other monitoring, compliance, or enforcement requirement related to fishery conservation and management which is included in such agreement.

(3) The foreign nation and the owners or operators of all of the fishing vessels of such nation shall not, in any year, exceed such nation's allocation of the total allowable level of foreign fishing, as determined under subsection (e). (4)The foreign nation will

(A) apply, pursuant to section 204, for any required permits;

(B) deliver promptly to the owner or operator of the appropriate fishing vessel any permit which is used under that section for such vessel; and

(C) abide by, and take appropriate steps under its own laws to assure that all such owners and operators comply with, section 204 (a) and the applicable conditions and restrictions established under section 204 (b) (7).


Final regulations to carry out the purposes and objectives of the 1975 agreement between the United States and Brazil concerning the conservation of shrimp resources off Brazil (TIAS 8253; 27 UST 1377 entered into force March 22, 1976) were adopted by the National Marine Fisheries Service, with effect from June 11, 1976. They constitute Title 50 Code of Federal Regulations, Part 245, Subparts A and B, and set forth the requirements for issuing permits and the required receipt of those permits by officials of the Federative Republic of Brazil prior to commencement of fishing operations, as well as amendments to various sections of the existing regulations. The same regulations had previously been in effect as interim regulations since April 22, 1976.

Fed. Reg., Vol. 41, No. 79. Apr. 22, 1976, pp. 16805-16811; ibid., No. 114, June 11, 1976, p. 23680. For a summary of the 1975 U.S.-Brazil agreement on shrimp fishing, see the 1975 Digest, pp. 413-414.


On March 16, 1976, the International Pacific Salmon Fisheries Commission, acting under authority of the Convention between the United States and Canada for the protection, preservation, and extension of the sockeye and pink salmon fisheries of the Fraser River System, forwarded to the two Governments for approval under article VI of the convention the regulations to be applicable during the 1976 fishing season in convention waters. The United States, acting through the Department of State, approved the regulations.

Paragraph 5 of the regulations applicable in U.S. convention waters provides as follows:

5. Insofar as the foregoing regulations prescribe the type of gear to be used during times open to fishing for sockeye and pink

salmon, such regulations shall be implemented to the extent permissible under the laws of the Parties.

The National Marine Fisheries Service, as the Federal agency responsible for the enforcement of the provisions of the convention, announced on May 28, 1976, that it had determined that the only domestic laws limiting the applicability of the gear regulations of the Commission were the treaties between the United States and certain Pacific Northwest Indian tribes, as interpreted by the U.S. District Court for the Western District of Washington in the case of United States v. State of Washington, 384 F. Supp. 312 (1974), affirmed 520 F.2d 676 (1975), cert. denied, 423 U.S. 1086 (1976). (See the 1975 Digest, pp. 416-417.)

The Service accordingly announced that the regulations of the Commission which prescribe the type of gear would be fully implemented in U.S. convention waters, except that the implementation of such gear regulations was not permissible under the laws of the United States as to treaty Indian fishermen of those Indian tribes found by the U.S. District Court for the Western District of Washington to be entitled to exercise treaty-secured fishing rights in U.S. convention waters, subject to certain stated provisos.

The National Marine Fisheries Service announcement and the 1976 regulations of the Commission applicable in U.S.convention waters are set forth at Fed. Reg., Vol. 41, No. 108, June 3, 1976, pp. 22392-22394.

By an exchange of notes signed April 14 and 22, 1976 (TIAS 8251; 27 UST 1365), the United States and Canada extended to April 24, 1977, their agreement of June 15, 1973 (TIAS 7676, 24 UST 1729), on reciprocal fishing privileges in certain areas off their coasts. The 1973 agreement was to expire on April 24, 1976, but the two Governments mutually agreed that a one-year extension would be desirable while negotiations were undertaken on a new agreement that would take into account the 200-mile fisheries zone legislation contemplated by each Government. The Fishery Conservation and Management Act of 1976 (P.L. 94-265; 90 Stat. 331; 16 U.S.C. 1801 et seq.), approved April 13, 1976 (see ante, p. 351), in section 202(c) contemplated the continuation of existing agreements with Canada, according to the Conference Committee Explanatory Statement on the Act.

The 1973 agreement provides for nationals and vessels of each country to conduct commercial fishing for designated species on a reciprocal basis in defined areas over which each country exercises fisheries jurisdiction. Its purpose is to suspend application of claims of fisheries jurisdiction to the fishermen of the two countries and thereby to avoid needless incidents of arrest and seizure of fishing vessels. See the 1974 Digest, pp. 330-331.


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.


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

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