The Coordination Council for North American Affairs (hereinafter
CCNAA) and the American Institute in Taiwan (hereinafter AIT).
Considering their common concern for the rational management, c-
onservation and achievement of optimum yield of fish stocks off
the coasts of the United States;
Recognizing that the United States has established a fishery co-
nservation zone within 2OO nautical miles of its coasts within
which the United States exercises exclusive fishery management
authority over all fish and that the United States also exercis-
es such authority over the living resources of the continental
shelf appertaining to the United States and to anadromous speci-
esoffish of United States origin; and
Desirous of establishing reasonable terms and conditions pertai-
ning to fisheries of mutual concern over which the United States
exercises exclusive fishery management authority;
Have agreed as follows:
ARTICLE Ⅰ
The purpose of this Agreement is to promote effective conservat-
ion, rational management and the achievement of optimum yield in
the fisheries of mutual interest off the coasts of the United S-
tates and to establish a common understanding of the principIes
and procedures under which fishing may be conducted by the peop-
le and vessels of the parties represented by CCNAA for the livi-
ng resources over which the United States exercises exclusive f-
ishery management authority as Provided by United States law.
ARTICLE Ⅱ
As used in this Agreement, the term:
1 ”living resources over which the United States exercises exc-
lusive fishery management authority”means all fish within the
fishery conservation zone of the United States, (except highly
migratory species), all anadromous species of fish that spawn
in the fresh or estuarine waters of the United States and mig-
rate to ocean waters while Present in the United States fishe-
ry conservation zone and in areas beyond national fisheries j-
urisdictions recognized by the United States and ail living r-
esources of the continental shelf appertaining to the United
States;
2 ”fish”means all finfish, molluscs, crustaceans, and other f-
orms of marine animal and plant life, other than marine mamma-
ls, birds and highly migratory species;
3 ”fishery”means
a one or more stocks of fish that can be treated as a unit for
purposes of conservation and management and that are identi-
fied on the basis of geographical, scientific, technical, r-
ecreational and economic characteristics; and
b any fishing for such stocks;
4 ”fishery conservation zone”means a zone contiguous to the t-
erritorial sea of the United States, the seaward boundary of
which is a line drawn in such a manner that each point on it
is 2OO nautical miles from the baseline from which the breadth
of the territorial sea of the United States is measured;
5 ”fishing”means
a the catching, taking or harvesting of fish;
b the attempted catching, taking or harvesting of fish;
c any other activity that can reasonably be expected to result
in the catching, taking or harvesting of fish:
d any operations at sea, including processing, directly in su-
pport of, or in preparation for, any activity described in
subparagraphs a. through c. above,
Provided that such term does not include other legitimate uses
of the high seas, including any scientific research activity;
6 ”fishing vessel”means any vessel, boat, ship, or other craft
that is used for, equipped to be used for, or of a type that
is normally used for
a fishing; Or
b aiding or assisting one or more vessel at sea in the perfor-
mance of any activity relating to fishing, including prepar-
ation, supply, storage, refrigeration, transportation or pr-
ocessing;
7 ”highly migratory species”means species of tuna which in the
course of their life cycle, spawn and migrate over great dist-
ances in waters of the ocean; and
8 ”marine mammal”means any mammal that is morphologically ada-
pted to the marine environment, including sea otters and memb-
ers of the orders Sirenia, Pinnipedia, and Cetacea, or primar-
ily inhabits the marine environment such as polar bears.
ARTICLE Ⅲ
1 AlT is willing to allow access for foreign fishing vessels to
harvest, in accordance with terms and conditions to be estab-
lished in permits issued under Article VII, that portion of t-
he total allowable catch for a specific fishery that will not
be harvested by United States fishing vessels and is determin-
ed to be available to foreign fishing vessels in accordance w-
ith United States law.
2 AIT shall determine each year, subject to such adjustments as
may be necessitated by unforeseen circumstances affecting the
stocks, and in accordance with United States law,
a the total allowable catch for each fishery based on optimum
yield, taking into account the best available scientific ev-
idence, and social, economic and other relevant factors;
b the harvesting capacity of United States fishing vessels in
respect of each fishery;
c the portion of the total allowable catch for a specific fis-
hery to which access will be provided, on a periodic basis
each year, to foreign fishing vessels; and
d the allocation of such portion that may be made available to
qualifying fishing vessels of the parties represented by CC-
NAA.
3 In implementation of paragraph 2.d. of this Article, AIT shall
determine each year the measures necessary to prevent overfis-
hing while achieving, on a continuing basis, the optimum yiela
from each fishery in accordance with United States law. Such
measures may include, inter alia:
a designated areas where, and periods when, fishing shall be
permitted, limited, or conducted only by specified types of
fishing vessels or with specified types and quantities of f-
ishing gear;
b limitations on the catch offish based on area, species, size
,number, weight, sex, incidental catch, total bromass or ot-
her factors;
c limitations on the number and types of fishing vessels that
may engage in fishing and/or on the number of days each ves-
sel of the total fleet may engage in a designated area for a
specified fishery;
d requirements as to the types of gear that may,or may not, be
employed; and
e requirements designed to facilitate enforcement of such con-
ditions and restrictions, including the maintenance of appr-
opriate position-fixing and identification equipment.
4 AlT shall notify CCNAA of the determinations provided for by
this Article on a timely basis.
ARTICLE Ⅳ
In determining the portion of the surplus that may be made avai-
lable to vessels of the parties represented by CCNAA, AIT will
decide on the basis of the factors identified in United States
law including:
1 whether, and to what extent, the parties represented by CCNAA
imposes tariff barriers or nontariff barriers on the importat-
ion, or otherwise restrict the market access, of United States
fish or fishery products;
2 whether, and to what extent the parties represented by CCNAA
cooperate in the advancement of existing and new opportunities
for fisheries trade, particularly through the purchase of fish
or fishery products from United States processors or from Uni-
ted States fishermen;
3 whether, and to what extent, the parties represented by CCNAA
and its fishing fleets have cooperated with the United States
in the enforcement of United States fishing regulations;
4 whether, and to what extent, the parties represented by CCNAA
require the fish harvested from the fishery conservation zone
for their domestic consumption;
5 whether, and to what extent, the parties represented by CCNAA
otherwise contribute to, or foster the growth of, a sound and
economic United States fishing industry, including minimizing
gear conflicts with fishing operations of United States fishe-
rmen, and transferring harvesting or processing technology wh-
ich will benefit the United States fishing industry;
6 whether, and to what extent, the fishing vessels of the parti-
es represented by CCNAA have traditionally engaged in fishing
in such fishery;
7 whether, and to what extent, the parties represented by CCNAA
are making substantial contributions to fishery research and
the identification of fishery resources; and
8 such other matters as the AIT deems appropriate.
ARTICLE Ⅴ
CCNAA shall cooperate with and assist AlT in the development of
the United States fishing industry and the increase of United S-
tates fishery exports by taking such measures as reducing or re-
moving impediments to the importation and sale of United States
fishery products, providing information concerning technical and
administrative requirements for access of United States fishery
products into the market of the parties represented by CCNAA, p-
roviding economic data, sharing expertise, facilitating the tra-
nsfer of harvesting or processing technology to the United Stat-
es fishing industry, facilitating appropriate joint venture and
other arrangements, informing its industry of trade and joint v-
enture opportunities with the United States, and taking such ot-
her actions as may be appropriate.
ARTICLE Ⅵ
CCNAA shall take all necessary measures to insure:
1 that people and vessels of the parties represented by CCNAA r-
efrain from fishing for living resources over which the United
States exercises exclusive fishery management authority except
as authorized pursuant to this Agreement;
2 that all such vessels so authorized comply with the provisions
of permits issued pursuant to this Agreement and applicable l-
aws of the United States; and
3 that the total allocation referred to in Article Ⅲ, paragraph
2.d. of this Agreement is not exceeded for any fishery.
ARTICLE Ⅶ
CCNAA may submit an application to AIT for a permit for each fis
hing vessel of the parties represented by CCNAA that wishes to
engage in fishing in the fishery conservation zone pursuant to
this Agreement. Such application shall be prepared and processed
in accordance with the Annex, which constitutes an integral part
of this Agreement. AIT may require the payment of fees for such
permits and for fishing in the United States fisheries zone. CC-
NAA undertakes to keep the number of applications to the minimum
requiredt, in order to aid in the efficient administration of t-
he permit program.
ARTICLE Ⅷ
CCNAA shall insure that people and vessels of the parties repre-
sented by CCNAA refrain from harassing, hunting, capturing or k-
illing, or attempting to harass, hunt, capture or kill, any mar-
ine mammal within the fishery conservation zone, except as may
be otherwise provided by an international agreement respecting
marine mammals to which the United States is a party, or in acc-
ordance with specific authorization for and controls on inciden-
tal taking of marine mammals established under the laws of the
United States.
ARTICLE Ⅸ
CCNAA shall insure that the conduct of the fisheries under this
Agreement:
1 the authorizing permit for each vessel of the parties represe-
nted by CCNAA is prominently displayed in the wheelhouse of s-
uch vessel;
2 appropriate position-fixing and identification equipment, as
determined by AIT, is installed and maintained in working ord-
er on each vessel;
3 designated United States observers are permitted to board, up-
on request, any such fishing vessel, and shall he accorded the
courtesies and accommodations provided to ship's officers whi-
le aboard such vessel, and owners, operators and crews of such
vesseI shall cooperate with observers in the conduct of their
official duties, and, further, AIT shall be reimbursed for the
costs incurred in the utilization of observers;
4 agents are appointed and maintained within the United States
possessing the authority to receive and respond to any legal
process issued in the United States with respect to an owner
or operator of a vessel of the parties represented by CCNAA f-
or any cause arising out of the conduct of fishing activities
for the living resources over which the United States exercis-
es exclusive fishery management authority; and
5 all necessary measures are taken to minimize fishing gear con-
flicts and to insure the prompt and adequate compensation of
United States citizens for any loss, or damage to, their lish-
ing vessels, fishing gear or catch, and resultant economic lo-
ss, that is caused by any fishing vessel of the parties repre-
sented by CCNAA as determined by applicable United States pro-
cedures.
ARTICLE X
CCNAA shall take all appropriate measures to assist in the enfo-
rcement of laws of the United States pertaining to fishing in t-
he fishery conservation zone and to insure that each vessel of
the parties represented by CCNAA that engages in fishing for li-
ving resources subject to the exclusive fishery management auth-
ority of the United States shall allow and assist the boarding
and inspection of such vessel by any duly authorized enforcement
officer of the United States and shall cooperate in such enforc-
ement action as may be undertaken pursuant to the laws of the U-
nited States.
ARTICLE XI
1 AIT will impose appropriate penalties, in accordance with the
laws of the United States, on vessels of the parties represen-
ted by CCNAA ortheir owners or operators, that violate the re-
quirements 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 d-
etermined by the court.
3 The representatives of the United States will recommend to the
court in any case arising out of fishing activities under this
Agreement that the penalty for violation of fishery regulatio-
ns not include imprisonment except in the case of enforcement
related offenses such as assault on an enforcement officer or
refusalto permit boarding and inspection.
4 In cases of seizure and arrest of a vessel of the parties rep-
resented by CCNAA by the authorities of the AIT, notification
shall be given promptly informing the CCNAA of the action tak-
en and of any penalties subsequently imposed.
ARTICLE XII
1 CCNAA and AIT shall cooperate in the conduct of scientific re-
search required for the purpose of managing and conserving li-
ving resources subject to the exclusive fishery management au-
thority of the United States, including the compilation of the
best available scientific information for management and cons-
ervation of stocks of mutual interest.
2 CCNAA and AIT, through appropriate channels, shall cooperate
in the development of a periodic research plan on stocks of m-
utual concern through correspondence or meetings as appropria-
te, and may modify it from time to time by agreement. The agr-
eed research plans may include, but are not limited to, the e-
xchange of information and scientists, regularly scheduled me-
etings between scientists to prepare research plans and review
progress, and jointly conducted research projects.
3 The conduct of agreed research during regular commercial fish-
ing operations on board a fishing vessel of the parties repre-
sented by CCNAA in the United States fishery conservation zone
shall not be deemed to change the character of the vessel's a-
ctivities from fishing to scientific research. Therefore, it
will still be necessary to obtain a permit for the vessel in
accordance with Article Ⅷ.
4 CCNAA shall cooperate with AIT in the implementation of proce-
dures for collecting and reporting biostatistical information
and fisheries data, including catch and effort statistics, in
accordance with applicable procedures. CCNAA shall similarly
provide such economic data as my be requested by AIT.
ARTICLE XIII
CCNAA and AIT shall carry out periodic bilateral consultations
regarding the implementation of this Agreement and the developm-
ent of further cooperation in the field of fisheries of mutual
concern, including the establishment of appropriate multilateral
organizations for the collection and analysis of scientific data
respecting such fisheries.
ARTICLE XIV
Should AIT indicate to CCNAA that people and vessels of the Uni-
ted States wish to engage in fishing in the fishery conservation
zone of the parties represented by CCNAA, or its equivalent, CC-
NAA will allow such fishing on the basis of reciprocity and on
terms not more restrictive than those established in accordance
with this Agreement.
ARTICLE XV
Nothing contained in the present Agreement shall prejudice the
views of either CCNAA or AlT with respect to the existing terri-
torialor other jurisdiction of the coastal State for all purpos-
es other than the conservation and management of fisheries.
ARTICLE XVI
1 This Agreement shall enter into force on a date to be agreed
upon by exchange of notes, following the completion of intern-
al procedures of both CCNAA and AIT, and remain in force until
July 1, 1987, unless extended by exchange of notes between the
Parties. Notwithstanding the foregoing, either Party may term-
inate this Agreement after giving written notice of such term-
ination to the other Party six months in advance.
2 This Agreement shall be subject to review by CCNAA and AlT two
years after its entry into force at the request of either or
upon the conclusion of a multilateral treaty resulting from t-
he Third United Nations Conference on the Law of the Sea.
IN WITNESS WHEREOF, the undersigned, being duly authorized for
this purpose, have signed this Agreement.
DONE at Washington, in English.
For the Coordination Council
for North American Affairs
(Signed)
Tsai Wei-ping
For the American Institute
of Taiwan
(Signed)
David Dean
ANNEX
Application and Permit Procedures
The following procedures shall govern the application for and i-
ssuance of annual permits authorizing vessels of the parties re-
presented by CCNAA to engage in fishing for living resources ov-
er which the United States exercises exclusive fishery manageme-
nt authority:
1 CCNAA may submit an application to AIT for each fishing vesse-
lofthe parties represented by CCNAA that wishes to engage in
fishing pursuant to this Agreement. Such application shall he
made on forms provided by AIT for that purpose.
2 Any such application shaLl specIfy
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 relati-
ng to the fishing characteristics of the vessel as may be r-
eque sted;
c a specification of each fishery in which each vessel wishes
to fish;
d the amount of fish or tonnage of catch by species contempla-
ted for each vessel during the time such permit is in force,
e the ocean area in which, and the season or period during wh-
ich, such fishing mould be conducted; and
f such other relevant information as may be requested, includ-
ing desired transshipping areas.
3 AIT shall review each application, shall determine what condi-
tions and restrictions may be needed, and what fee will be re-
quired, and shall inform CCNAA of such determinations. AlT re-
serves the right not to approve applications.
4 CCNAA shall thereupon notify AIT of its acceptance or rejecti-
on 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 CCNAA a-
nd the payment of any fees, AIT shall approve the application
and issue a permit for each fishing vessel of the parties rep-
resented by CCNAA, which fishing vessel shall thereupon be au-
thorized to fish in accordance with this Agreement and the te-
rms and conditions set forth in the permit. Such permits shall
beissued for a specific vessel and shall not be transferred.
6 ln the event CCNAA notifies AIT of its objections to specific
conditions and restrictions, the two sides may consult with r-
espect thereto and CCNAA may thereupon submit a revised appli-
cation.
7 The procedures in this Annex may be amended by agreement thro-
ugh an exchange of notes between the two parties.
AGREED MINUTES
The representatives of CCNAA and AIT have agreed to record the
following in connection with the Agreement Between the Coordina-
tion Council for North American Affairs and the American Instit-
ute in Taiwan Concerning Fisheries off the Coasts of the United
States signed today:
1 The Representative of AIT stated that, in making allocations
under Article III, AIT would take into account special econom-
ic circumstances affecting operations of vessels of the parti-
es represented by CCNAA in the fishery conservation zone. The
Representative of CCNAA and the Representative of AIT also re-
co gnized the advantages of their respective fishing industri-
es of insuring stability of expectation in fishery relations.
2 The Representative of CCNAA and the Representative of AIT exp-
ressed their understanding that the trade provisions of Artic-
les of Articles 4 and 5 apply only to trade in fish and fish
products.
3 The Representative of AlT stated that, subject to applicable
laws and regulations, fishing vessels of the parties represe-
nted by CCNAA could enter United States ports for the purpose
of obtaining supplies and services normally available in those
ports.
4 In connection with Article IV, the representative of AIT expl-
ained that recent U.S. legislation and practice emphasizes the
importance of the performance of foreign countries in promoti-
ng the deveIoping ofthe American fishing industry as a factor
influencing allocations of surplus fishery resources in the f-
ishery conservation zone. The level of allocations of such su-
rplus resources to parties represented by CCNAA thus would not
be limited by traditional fishing levels.