April 1, 1991
Mr. Ding Mou-shih
Representative
Coordination Council for
North American Affairs
4201 Wisconsin Avenue, N.W.
Washington, DC 20016-2137
Dear Mr. Ding:
I have the honor to refer to the consultations between the repr-
esentatives of the American Institute in Taiwan (AIT) and Coord-
ination Council for North American Affairs (CCNAA) held in Hawa-
ii during the week of March 18, 1991 regarding high seas driftn-
et fisheries in the North Pacific ocean. I would also refer to
the proposed agreement reached as a result of said consultations
, including the Regulatory Program (Annex I), the Monitoring Pr-
ogram (Annex II), and the Record of Discussions.
Recalling the concern expressed in the United Nations General A-
ssembly Resolution 44/225, regarding large-scale pelagic driftn-
et fishing and its impact on the living marine resources of the
world's oceans and seas, my authorities place great reliance on
the commitment of your authorities to implement the attached pr-
oposed agreement. Specifically, the authorities represented by
CCNAA are committed (1) to implement fully the regulatory and m-
onitoring programs contained in Annexes I and II; (2) to accept
eleven AIT scientific observers on board eleven driftnet vessels
from the territory represented by CCNAA, in accordance with the
provisions and arrangements specified in Annex II; and (3) to a-
ccept the arrangement reflected in the Record of Discussions.
As you know, scientists representing AIR and CCNAA at meetings
held in Seattle, Washington during the week of March 25, 1991,
jointly developed an agreed plan for deploying both AIT and CCN-
AA scientific observers aboard commercial drLf2net vessels from
your territory. I understand that AIT and CCNAA scientific obse-
rvers will be deployed on vessels in proportion to the fishing
effort of the various vessel size categories and fishery types.
I further understand that the list of commercial driftnet vesse-
ls that will host AIT scientific observers will be provided to
the National Marine Fisheries Service by April 15, 1991 (pursua-
nt to Annex II, Section I(B)(1)) and will include vessels distr-
ibuted among size categories and fishery types in accordance wi-
th the mutually developed scientific plan.
If the enclosed agreement is acceptable to your authorities, th-
is letter and its enclosures, together with your reply, shall c-
onstitute an agreement between AIT and CCNAA. This agreement sh-
all enter into force upon your reply and continue, as specified,
until June 30, 1992.
Finally, the authorities represented by AIT reaffirm the positi-
on that they have jurisdiction over anadromous species that spa-
wn in the rivers and coastal waters of the territory represented
by AIT, and reserve their rights and privileges under internati-
onal law and practice. This agreement should not be understood
to condone the practice of high seas driftnet fishing generally
or as practiced by the vessels from the territory represented by
CCNAA.
Sincerely,
(Signed)
Natale H. Bellocchi
Chairman of the Board
and Managing Director
Enclosures:
As stated.
April 16, 1991
Ambassador Natale H. Bellocchi
Chairman of the Board and
Managing Director
American Institute in Taiwan
1700 North Moore st., #1700
Arilington, VA 22209
Dear Ambassador Bellocchi:
I have the honor to refer to your letter of April 1,1991, which
provides:
" Dear Mr. Ding:
I have the honor to refer to the consultations between the repr-
esentatives of the American Institute in Taiwan (AIT) and Coord-
ination Council for North American Affairs (CCNAA) held in Hawa-
ii during the week of March 18, 1991 regarding high seas driftn-
et fisheries in the North Pacific ocean. I would also refer to
the proposed agreement reached as a result of said consultations
, including the Regulatory Program (Annex I), the Monitoring Pr-
ogram (Annex II), and the Record of Discussions.
Recalling the concern expressed in the United Nations General A-
ssembly Resolution 44/225, regarding large-scales pelagic drift-
net fishing and its impact on the living marine resources of the
world's oceans and seas, my authorities place great reliance on
the commitment of your authorities to implement the attached pr-
oposed agreement. Specifically, the authorities represented by
CCNAA are committed (1) to implement fully the regulatory and m-
onitoring programs contained in Annexes I and II; (2) to accept
eleven AIT scientific observers on board eleven driftnet vessels
from the territory represented by CCNAA, in accordance with the
provisions and arrangements specified in Annex II; and (3) to a-
ccept the arrangement reflected in the Record of Discussions.
As you know, scientists representing AIT and CCNAA at meetings
held in Seattle, Washington during the week of March 25, 1991,
jointly developed an agreed plan for deploying both AIT and CCN-
AA scientific observers aboard commercial driftnet vessels from
your territory. I understand that AIT and CCNAA scientific obse-
rvers will be deployed on vessels in proportion to the fishing
effort of the various vessel size categories and fishery types.
I further understand that the list of commercial driftnet vesse-
ls that will host AIT scientific observers will be provided to
the National Marine Fisheries Service by April 15, 1991 (pursua-
nt to Annex II, Section I(B)(1) and will include vessels distri-
buted among size categories and fishery types in accordance with
the mutually developed scientific plan.
If the enclosed agreement is acceptable to your authorities, th-
is letter and its enclosures, together with your reply, shall c-
onstitute an agreement between AIT and CCNAA. This agreement sh-
all enter into force upon your reply and continue, as specified,
until June 30, 1992.
Finally, the authorities represented by AIT reaffirm the positi-
on that they have jurisdiction over anadromous species that spa-
wn in the rivers and coastal waters of the territory represented
by AIT, and reserve their rights and privileges under internati-
onal law and practice. This agreement should not be understood
to condone the practice of high seas driftnet fishing generally
or as practiced by the vessels from the territory represented by
CCNAA.
Sincerely,
Natale H. Bellocchi
Chairman of the Board and
Managing Director"
The contents of the documents enclosed in your letter are accep-
table to the authorities represented by CCNAA, subject to the u-
nderstanding that these documents constitute legally enforceable
documents to be enforced by appropriate authorities, and that t-
he authorities represented by CCNAA take the position that high
seas fisheries shall be conducted and managed under the respons-
ibility and initiative of the flag state. The primary objectives
of the authorities represented by CCNAA and AIT in reaching the
agreement are to minimize the incidental taking of U.S. origin
anadromous species by the driftnet vessels and to help conserve
and utilize marine resources.
I would like to further emphasize that the temporary arrangemen-
ts, as stated in the Record of Discussion, regarding "Visit and
Verification" are based on the universally recognized principle
of reciprocity, and that the participators shall respect the ex-
clusive jurisdiction of the authorities represented by CCNAA and
AIT over their own vessels.
Finally, the authorities represented by CCNAA reaffirm the inte-
rnational principle of the freedom of fishing on the high seas
and their rights and privileges under international law and pra-
ctice.
Sincerely.
(Signed)
Mou-shih Ding
Representative
Coordination Council for
North American Affairs
RECORD OF DISCUSSIONS
Representatives of the parties represented by CCNAA and AIT met
March 1821, 1991 to discuss matters pertaining to high seas dri-
ftnet fishing activities in the North Pacific Ocean. Both sides
recognized that driftnet vessel operations in the North Pacific
Ocean may result in the take of U.S. -origin anadromous species.
Both sides agreed to the following temporary arrangements:
a) Enforcement personnel of one party, upon encountering a drif-
tnet vessel of the other party that they intend to visit to
verify compliance with driftnet fishing regulations, shall t-
ransmit to the appropriate enforcement personnel of the other
party a request to conduct a cooperative visit.
b) If the enforcement personnel of the other party find that th-
ey are unable to join in the cooperative visit and verificat-
ion, they will cooperate and assist the enforcement personnel
of the requesting party to conduct the visit and verification
. In those cases where the on-scene enforcement personnel of
the requesting party find that enforcement personnel of the
other party are not immediately present to join in the visit
and verification, the enforcement personnel of the requesting
party will initiate the visit and verification.
c) The visiting enforcement personnel may verify compliance with
driftnet fishing regulations, remove any anadromous species
on board, document incidental catches of marine mammals, sea-
birds, and anadromous species, and take representative of th-
ose resources.
d) Enforcement personnel of the party conducting the visit and
verification shall take all reasonable measures to ensure a
minimum interference to legitimate fishing operations of the
driftnet vessel. The enforcement personnel will conduct thee-
ir operations in accordance with applicable rules of interna-
tional law and practice.
e) Upon arrival of enforcement personnel of the other party, the
enforcement personnel of the two parties shall jointly conti-
nue the visit and verification.
f) If the enforcement personnel of the other party do not arrive
before the enforcement personnel of the requesting party com-
plete the visit and verification, the authorities of the req-
uesting party Will notify promptly the authorities of the ot-
her party of the results of the visit and verification and w-
ill consult with the authorities of the other party regarding
the disposition of the violations detected.
g) When no violation is detected as a result of the verification
activities, the visiting enforcement personnel shall immedia-
tely withdraw from the vessel.
h) Both authorities will ensure that the visit and verification
procedure for driftnet vessels will also apply to all transp-
ort vessels.
i) The two parties agree that the present arrangements will be
effective through June 1992.
For the Delegation of CCNAA
For the Delegation of AIT
ANNEX I
REGULATORY PROGRAM OF THE
AUTHORITIES REPRESENTED BY THE
COORDINATION COUNCIL FOR
NORTH AMERICAN AFFAIRS (CCNAA)
FOR THE HIGH SEAS DRIFTNET
FISHING IN THE NORTH PACIFIC BY
VESSELS OF THE TERRITORY
REPRESENTED BY CCNAA FOR THE
1991 FISHING SEASON AND THE PE-
RIOD THROUGH JUNE 1992
A. Regulatory Measures for Driftnet Vessels in the North Pacific
Ⅰ. -FISHING GROUNDS.
All driftnet vessels of the territory represented by CCNAA are
to adhere to the following fishing grounds while operating in t-
he North Pacific Ocean beyond national 200-mile zones. Each dri-
ftnet vessel is required to confine fishing operations and all
other vessel activities andmovements to the area west of 145 De-
grees W longitude and south of the following monthly northernmo-
st latitudinal lines of the fishery:
(a) For the area west of 170 degrees E longitude -
January through Altitude 36 degrees N
April
May Altitude 38 degrees N
June Altitude 40 degrees N
July Altitude 42 degrees N
August Altitude 44 degrees N
September Altitude 46 degrees N
October Altitude 44 degrees N
November Altitude 42 degrees N
December Altitude 40 degrees N
(b) For the area between 170 degrees E to 145 degrees N longitu-
de--
January through Latitude 20 degrees N
April
May Altitude 34 degrees N
for large mesh only
June Altitude 40 degrees N
July Altitude 42 degrees N
August Altitude 44 degrees N
September Altitude 46 degrees N
October Altitude 44 degrees N
November Altitude 42 degrees N
December Altitude 40 degrees N
The northern and eastern boundaries have been specifically esta-
blished to minimize incidental takes of anadromous species fish
of United States origin.
Ⅱ. - TRANSMITTERS.
(a) After January 1,1991 no driftnet fishing or transport vessel
of the territory represented by CCNAA will be permitted to
fish in the North Pacific without a real-time automatic sat-
el lite position fixing device, identified here as a transm-
itter, that will allow automatic, real-time monitoring of t-
he location and identity of the vessel.
(b) Each driftnet vessel is required to validate the time and l-
ocation of catch and fishing effort, including the use of l-
ocation records from an automatic navigation system, and wi-
ll report such data to the appropriate authorities represen-
ted by CCNAA.
Ⅲ. - OPERATING PROCEDURES.
(a) No driftnet vessel may harvest anadromous species of fish.
(b) Any anadromous species of fish incidentally taken in the dr-
iftnet fishery is to be immediately returned to the water a-
nd included in catch records .
(c) Each driftnet vessel seeking to operate in the North Pacific
Ocean will have a license issued by the appropriate authori-
ties represented by CCNAA.
(d) Vessels shall be prohibited from carrying both large-mesh g-
ear (mesh size of 18 centimeters or greater) and sm all-mesh
gear (less than 18 centimeters).
(e) Each driftnet vessel will be assigned an international radio
call sign (IRCS) which is to be displayed amidships on both
the port and starboard sides of the deckhouse or hull, and
on a weather deck, in a color in contrast to the background
and permanently affixed o the vessel in block roman alphabet
letters and arabic numerals at least one meter in height.
(f) Each driftnet vessel is to use methods to identify the drif-
tnet gear it deploys by permanently marking at every 50 met-
er interval of net with the name of the vessel and its corr-
esponding IRCS. Each vessel is also required to refrain from
discarding used or damaged driftnets and related gear while
at sea. Such fishing equipment is to be stowed on the vessel
and returned to port for proper disposal upon completion of
the vessel's voyage. The location, date, and amount of lost
fishing gear must be reported to the appropriate authorities
represented by CCNAA.
(g) All marine resources harvested by driftnet vessels of the t-
erritory represented by CCNAA must be landed or, in the case
of tuna shipments to Thailand, thoroughly inspected, in por-
ts of the territory represented by CCNAA, with the exception
of tuna shipped to American Samoa and Puerto Rico. The foll-
owing conditions apply:
(1) Before any tuna or squid transport ship leaves port to o-
perate in the North Pacific, the vessel shall be equipped
with a transmitter that will allow automatic, real-time
monitoring of the location and identity of the vessel;
(2) Squid transport ships shall only sail between North Paci-
fic fishing grounds and ports in the territory represent-
ed by CCNAA;
(3) All squid caught from the North Pacific fishing grounds
may only be transshipped to transport vessels of the ter-
ritory represented by CCNAA and must be landed at ports
in the territory represented by CCNAA;
(4) When a tuna or squid transport ship leaves port to carry
on transshipment at sea, prior permission must be obtain-
ed from the competent authority represented by CCNAA;
(5) Detailed records shall be kept by all squid transport sh-
ips in connection with the transshipment they carry on,
including the name of the fishing vessel from which the
transshipped squid is received and the quantity of the s-
quid. Upon return of the transport ship to the port in t-
he territory represented by CCNAA, it shall immediately
report to the competent authority represented by CCNAA f-
or inspection;
(6) A port inspection program will be maintained to monitor
landings of all driftnet vessels at all pertinent ports
in the territory represented by CCNAA.
B. Cooperative Program between Authorities Represented by CCNAA
and the American Institute in Taiwan (AIT).
Ⅰ.- TRANSMITTERS.
(a) The authorities represented by CCNAA and AIT shall have acc-
ess to transmitter data, to allow automatic, real-time moni-
toring of the location and identity of each vessel.
(b) The authorities represented by CCNAA understand that the raw
transmitter data shall be kept confidential within the auth-
orities represented by AIT.
(c) The authorities represented by CCNAA will be responsible for
the cost of purchasing and operating the transmitters, and
of data transmission. The authorities represented by AIT wi-
ll ensure that the authorities represented by CCNAA receive
the benefit of any cost savings which would be available to
the authorities represented by AIT. The authorities represe-
nted by AIT will assist the authorities represented by CCNAA
in procuring the transmitters.
Ⅱ. - PROVISION OF INFORMATION.
(a) CCNAA will provide AIT with a list of licensed driftnet ves-
sels, including name, corresponding IRCS numbers, transmitt-
er ID number, the CT number and size by tonnage.
(b) CCNAA will provide AIT with a list of transport vessels.
(c) CCNAA will promptly forward information to a designated AIT
representative concerning prior permission for the voyage of
a tuna or squid transport vessel to carry on transshipment
at sea.
Ⅲ. - DRIFTNET MATERIALS.
The authorities represented by CCNAA will promote the concept t-
hat all driftnets used in the driftnet fisheries will, to the m-
aximum extent practicable, be constructed with biodegradable ma-
terials which can break into segments that do not represent a t-
hreat to living marine resources. AIT will provide any informat-
ion available to AIT regarding technological advances in biodeg-
radable materials for driftnets.
Ⅳ. -ENFORCEMENT.
(a) Enforcement boardings of driftnet fishing vessels shall be
conducted by personnel of the authorities represented by CC-
NAA, both dockside and at sea within and beyond the fishing
area authorized by the authorities represented by CCNAA.
(b) The authorities represented by AIT and CCNAA may exchange e-
nforcement observers to facilitate driftnet fishery enforce-
ment activities. These exchanges may include:
(1) participation by enforcement observers of the authorities
represented by AIT on enforcement cruises conducted by
the authorities represented by CCNAA;
(2) participation by enforcement observers of the authorities
represented by CC NAA on enforcement patrols conducted
by the authorities represented by AIT.
(c) The authorities represented by CCNAA intend to continue to
utilize, to the maximum extent, the information supplied by
AIT indicating alleged violations by driftnet fishing and t-
ransport vessels of the territory represented by CCNAA in t-
he investigation and identification of the violator. In ord-
er to facilitate the investigation of the authorities repre-
sented by CCNAA, photographs supplied by AIT are expected to
be as clear as possible, and/or with reliable information of
sighting positions.
Ⅴ. - DEPLOYMENT OF PATROL VESSELS.
(a) For the 1991 fishing season, the number of dedicated patrol
vessels of the territory represented by CCNAA will be maint-
ained at three so that the total vessel-days will be 310 to
ensure a continuous enforcement presence throughout the sea-
son in the vicinity of the fishing grounds. During January-
June 1992, an enforcement presence at sea will be maintained
comparable to that during the same period of 1991 unless vi-
olations indicated otherwise.
(b) CCNAA shall provide AIT with planned enforcement activities
before the fishing season begins and annual reports on the
patrols conducted, boardings made, violations detected, and
penalties assessed by enforcement personnel of the authorit-
ies represented by CCNAA at the conclusion of each fishing
season.
Ⅵ. - MANAGEI1MENT OF THE DRIFTNET FISHING FLEET.
The authorities represented by CCNAA will take steps to limit t-
he size of its driftnet fleet and will consult further with the
authorities represented by AIT on this matter. The authorities
represented by CCNAA will review their regulatory measures rega-
rdingthe reflagging of driftnet vessels from the territory repr-
esented by CCNAA. The authorities represented by CCNAA will also
review existing penalties applicable to reflagging to ensure th-
ey are adequate to prohibit such reflagging. AIT will provide a-
ny information regarding re-flagging of any driftnet vessels fr-
om the territory represented by CCNAA.
Ⅶ. -CONSULTATION.
CCNAA and AIT shall consult periodically to review the operation
of the cooperative program, so as to assure that its objectives
may be effectively maintained.
ANNEX II
SCIENTIFIC OBSERVER PROGRAM
FOR THE 1991 NORTH PACIFIC HIGH
SEAS DRIFTNET FISHERY OF THE
TERRITORY REPRESENTED BY THE
COORDINATION COUNCIL FOR
NORTH AMERICAN AFFAIRS (CCNAA)
To facilitate achieving the objective of obtaining statistically
reliable data on the catch of target and non-target species in
1991 by all drif2net fisheries of the territory represented by
CCNAA in the North Pacific Ocean, CCNAA has initiated and will
follow the procedures set forth in the Annex for collecting, pr-
ocessing, and reporting driftnet fishery data by scientific obs-
ervers. CCNAA has invited, and the American Institute in Taiwan
(AIT) has accepted, participation by AIT in the 1991 Scientific
Observer Program for the North Pacific high seas driftnet fishe-
ry in accordance with the provisions of this Annex.
The scientific observers shall not interfere with the fishing o-
perations of the host vessels.
The responsible authorities for carrying out the scientific obs-
erver program shall be the National Marine Fisheries Service (h-
ereinafter referred to as "NMFS") for the authorities represent-
ed by AIT and the Department of Fisheries, Council of Agricultu-
re (hereinafter referred to as the "DOF") for the authorities r-
epresented by CCNAG The NMFS on behalf of AIT and DOF on behalf
of CCNAA shall exchange the names of their coordinators and the
contact procedures for implementing this program by April 1,199
1.
Ⅰ. Observer Deployment
A. Number of Observers to be Deployed
During 1991, 11 AIT scientific observers will be deployed aboard
11 commercial driftnet vessels of the territory represented by
CCNAA throughout the drifnet fishing area and observe 45 set and
retrieval operations on each vessel, and 9 CCNAA scientific obs-
ervers will be deployed on 9 commercial driftnet vessels of the
territory represented by CCNAA and observe 60 set and retrieval
operations on each vessel. The deployment of such observers on
vessels using large mesh and small mesh driftnet gear will gene-
rally be in proportion to the fishing effort of each type of fi-
shery. Allocation of the observer effort will follow the plan in
Table 1.
Table 1. Deployment of Scientific Observers during any one month
and estimated number of observed operations during 1991.
──────────────────────────
month
────────────────────
Authorities May June July Aug Sept Oct Total
──────────────────────────
AIT 2 2 3 2 2 0 11
CCNAA 2 2 2 2 1 0 9
Estimated Number
of Observed
Operations* 95 212 245 245 190 48 1035
──────────────────────────
* These numbers exclude transit time to and from the fishing gr-
ounds.
B. Host Vessels and Embarkation and Debarkation of Observers
1. Vessels: The DOF on behalf of CCNAA shall provide to the NMFS
a final list by April 15, 1991, of the commercial driflnet vess-
els that will host AIT scientific observers in 1991. This list.
shall include the vessel name, size, large or small mesh , type
of radio communication gear aboard, observer room private or sh-
ared, name and contact information of vessel agent in port of e-
mbarkation, expected area of fishing, and expected dates and pl-
aces of embarkation and debarkation of observers consistent with
the allocation of observer effort specified in Table 1. The DOF
on behalf of CCNAA shall notify the NMFS of the itineraries of
each host vessel as soon as possible and at least 15 days prior
to embarkation.
When the list of the commercial driftnet vessels that will host
AIT scientific ob-servers is provided by April 15, 1991, to the
NMFS, the DOF on behalf of CCNAA shall include (1) plans for tr-
ansporting the AIT observers to the host driftnet vessels; (2)
copies of official records of current inspections by authorities
represented by CCNAA of each host driftnet and transport vessel
demonstrating their safety and seaworthiness; and (3) schedules
of the dates and locations for the authorities represented by C-
CNAA and AIT to conduct pre-cruise meetings aboard host driftnet
vessels in the territory represented by CCNAA, as specified in
section II(B), Observer Needs and Assistance
In principle, embarkation and debarkation of AIT scientific obs-
ervers shall be from a U.S. or Asian port. Should such arrangem-
ents be impractical, the embarkation and/or debarkation ofAIT o-
bservers to and from host driftnet vessels may be made via tran-
sport or other vessels. The DOF on behalf of CCNAA shall arrange
for such transportation in consultation with the NMFS. If an ob-
server must be transported to a host vessel at sea, all reasona-
ble efforts will be made to ensure that the observer will be tr-
ansferred to the host vessel within 2 weeks (14 days) of leaving
port. Arrangements on host vessel/transport vessel at sea rende-
zvous for observer transfer will be the responsibility of the D-
OF.
2. Travel to Port: The NMFS on behalf of AIT shall provide trav-
el arrangements (including costs) for the AIT scientific ob-ser-
vers from the United States to ports of embarkation and from po-
rts of debarkation to the United States and the cost of stay on
land. The AIT scientific observers shall arrive at port at least
two working days prior to the scheduled embarkation date of the-
ir corresponding host vessel, providing appropriate notice of v-
essel schedule was received by driftnet program coordinators. E-
xcept in the case of force majeure, should an AIT observer not
be available to embark on a host vessel for which adequate noti-
ce of the vessel's itinerary has been provided as specified in
paragraph I(B)(1), the DOF on behalf of CCNAA will not be respo-
nsible for finding a substitute vessel.
3. At-sea Transfer: For extended cruises, the DOF on behalf of
CCNAA shall assist in arranging debarkation via ships of opport-
unity after the AIT observer has oh-served 45 operations on the
host commercial fishing vessel. All reasonable efforts will be
made to ensure that observers transferring to a transport vessel
after completion of their 45 observed operations will be return-
ed to port by the most direct means, within 14 days after debar-
king the host vessel.
4. Redeplovment of Observers: In the event that a host vessel w-
ith an AIT observer must cease operation and return to port due
to such incidents as accident or mechanical trouble, the DOF on
behalf of CCNAA shall find a substitute vessel and transfer the
AIT observer so that the observer can complete the remaining o-
bservations. However, if such transfer opportunity is unavailab-
le, the AIT observer shall return to port aboard the host fishi-
ng vessel.
If there are 10 or more operations remaining of the required ob-
servations when the observer is returned to port, the DOF on be-
half of CCNAA in consultation with the NMFS on behalf of AIT sh-
all continue to make arrangements for the observer to board a s-
ubstitute driftnet vessel of the territory represented by the C-
CNAA to complete the required 45 driftnet observations.
Ⅱ. Observer Arrangements at Sea
A. Safety and Rules
The scientific observers shall comply with the customs and rules
of the host vessel (i.e., meal hours, use of water, bathing time
, etc.) and instruction of the captain so as to secure safety f-
or the crew members as well as the observers. The captain of a
host vessel shall pay due attention to ensure the safety of the
observers, especially during transfer of the observers between
vessels at sea. The observers will not bring any toxic substanc-
es aboard the vessels.
Transfers at sea shall be conducted only during daylight hours,
in wind speeds of less than 16 knots. An adequate transport cra-
ft shall be provided that is rated by the manufacturer to carry
a minimum capacity of 400 Kg, and the observer is to be accompa-
nied by a vessel crew-member. Observers are to wear U.S. Coast
Guard approved personal flotation devices during transfer.
Scientific observers will have specific guidelines on safety du-
ring at-sea transfers and under which conditions to refuse tran-
sfer. If conditions are unsafe for transfer, vessels will arran-
ge a rendezvous at the next available opportunity.
Host and transport vessels shall be seaworthy and outfitted with
all relevant safety equipment to ensure the safety of the vessel
personnel and observers at sea.
B. Observer Need and Assistance
The DOF on behalf of CCNAA shall arrange for the host vessel to
provide food and lodging, observation and storage spaces, and a-
ssistance for the scientific observers. The observation space s-
hall allow for safe direct viewing of driftnet retrieval operat-
ions. Storage and freezer spaces shall also be provide by the h-
ost vessel for a maximum of 5 five-gallon containers to keep sp-
ecimens. The DOF on behalf of CCNAA shall assist AIT scientific
observers in the procurement of standard biological supplies as
may be required for specimen collection. Without interfering wi-
th fishing operations, specimens shall be retained and assistan-
ce shall be given by the captain in instructing and ordering the
crew when requested by the observer temporarily to retain speci-
mens of any catch and incidental catch, including any birds, ma-
mmals, fish, and turtles for sampling by the observer.
The AIT observer shall have access to the navigational equipment
to determine vessel position during set and retrieval operations
and at other times as required to accomplish assigned data coll-
ection.
Observers will be allowed to discuss their duties and requireme-
nts with any and all vessel personnel.
For each host vessel, a pre-cruise visit and meeting shall be a-
rranged by the DOF on behalf of CCNAA aboard the host vessel in
the territory represented by CCNAA, attended by AIT and CCNAA a-
uthorities, the host vessel owner and master, and, whenever pos-
sible, the observer and an interpreter. A translated checklist
of ob-server duties will be presented and explained. The master
will sign the document attesting to his understanding and agree-
ment of the observer's duties on his vessel. AIT observers will
not be embarked on host vessels that have not conducted a precr
uise visit and meeting.
AIT observers will be afforded treatment equivalent to that of a
ship's officer while on board.
The NMFS on behalf of AIT shall prepare for each host vessel a
poster explaining scientific observer functions and a letter of
introduction for each observer in Chinese. The DOF on behalf of
CCNAA shall educate the driftnet industry about the scientific
observer program and distribute the literature prepared by the
NMFS on behalf of AIT to the host vessels. The AIT observers sh-
all also be allowed to post the letter of introduction and post-
er of observer functions on the host vessel in a place designat-
ed by the captain. The NMFS will provide a copy of the letter a-
nd poster to DOF for review.
C. At-sea Communications
At-sea communications by the AIT scientific observers shall be
permitted with the consent of the host vessel captain on each a-
lternate calendar day and at such other times as special circum-
stances may require. An officer aboard the host vessel will ass-
ist the observer in all radio communications. The AIT observers
will be trained in the use of marine HF-SSB radio use. The host
vessel must allow prompt communication in case of an emergency.
Communications shall be through the host vessel's captain or de-
signated representative to the NMFS observer program coordinato-
r. Communications shall be conducted according to the following
procedures:
Communications from AIT observers aboard CCNAA vessels authoriz-
ed to communicated with U.S. stations shall be transmitted from
the host vessel to the NMFS Alaska Fisheries Science Center (AF-
SC) Observer Program in Seattle, Washington, directly or via co-
mmercial shore stations. Communications from AIT observers aboa-
rd vessels from the territory represented by CCNAA that cannot
transmit directly to U.S. stations shall be transmitted from the
host vessel to AIT/Kaohsiung or to the DOF on behalf of CCNAA.
The DOF on behalf of CCNAA shall promptly relay the observer me-
ssages by facsimile or other rapid form of transmission to the
NMFS in Seattle.
HF-SSB equipment on board transport vessels shall have frequenc-
ies compatible with commercial shore-based stations.
AIT observers shall be allowed to communicate with other scient-
ific observers on other driftnet fishing vessels. These communi-
cations shall be arranged with consent of the captain of the ho-
st vessel at a time that will not interfere with vessel fishing
operations.
The NMFS on behalf of AIT shall reimburse the. cost of transmit-
ting AIT observer messages from DOF to NMFS not to exceed U.S.
$150.00 per observer cruise. The NMFS on behalf of AIT shall al-
so reimburse the DOF for the cost, if any, of at-sea radio co-
mmunications.
D. Food and Lodging
The NMFS on behalf of AIT shall reimburse the DOF on behalf of
CCNAA for food and lodging on each of the observed host driftnet
vessels at U.S. $10 per observer per day. The observers will pr-
ovide their own bedding and personal articles. The authorities
represented by CCNAA will make every effort to ensure that AIT
scientific observers will be given officer's lodgings. The qual-
ity of food for AIT observes will be the same as that of ship's
officers. The NMFS on behalf of AIT shall reimburse the DOF on
behalf of CCNAA for food and lodging on commercial transport ve-
ssels at U.S. $25 per observer per day, up to a maximum of U.S.
$500 per observer per trip.
E . Insurance
The NMFS on behalf of AIT shall ensure that there is adequate i-
nsurance to cover potential liability for accidents and/or illn-
ess that may occur during the entire period the AIT scientific
observer is at sea. The NMFS on behalf of AIT and DOF on behalf
of CCNAA shall cooperate with respect to any claim under such i-
nsurance.
F. Reimbursement of Costs
Reimbursements from the NMFS on behalf of AIT to the DOF are id-
entified in paragraph II(C) for communications and in paragraph
II(D) for food and lodging.
Itemized invoices for reimbursement shall be sent for payment on
a quarterly basis to NMF via AIT. All invoices for 1991 shall be
submitted to the NMFS by February 1, 1992, and shall be paid by
April 1,1992.
G. Emergency
In the event of medical or other emergency circumstances relati-
ng to an AIT scientific observer, evacuation shall be accomplis-
hed according to established international practice. The DOF on
behalf of CCNAA shall immediately inform the U.S. Coast Guard a-
nd/or the NMFS observer program coordinator on behalf of AIT of
any such emergency.
Ⅲ. Date Collection
A. Data to be Collected
For each operation, observers will collect the following data a-
ccording to standardized procedures and format as jointly devel-
oped and assigned:
1. Information on fishing methods including net mesh sizes, met-
hod of net deployment (i.e., whether the vessel fished individ-
ually or in conjunction with other vessels), depth of the top of
the net from the water surface, total net depth from corkline to
lead line, true compass direction of the set, length (m) of a u-
nit of net (as measured by the observer), number of units per n-
et section, number and arrangement of net sections deployed per
net set, and units of net lost or discarded, description of net
materials, number of driftnet vessels fishing in an array and n-
umber of such arrays in the area (as determined from the radio
officer's daily "array chart" and/or RA-DAR) .
2. Environmental conditions at the beginning and again at the e-
nding of each net deployment, including: surface water temperat-
ures., weather conditions (air temperature, wind speed and dire-
ction, visibility, cloud cover), and sea conditions (sea state,
swell direction and height).
3. Date and location of net at time of the beginning and end of
the set and retrieval to nearest minute of latitude and longitu-
de as recorded by the scientific oh-server directly from the na-
vigation equipment.
4. Catches, take, and drop-outs rates of all species, including
target species and incidental species, recorded by each net sec-
tion observed.
5. The vertical distribution of seabirds and seabird prey speci-
es (such as squid, saury, and pomfret) in the net webbing will
be recorded by net section.
6. Observers will record biological information from any salmon-
id incidentally caught. For the 1991 observer program, this inf-
ormation will include the taking of scale samples, species and
sex determination, weight and fork length measurement and the c-
ollection of snouts from all salmonids missing the adipose fin.
After sampling the salmonids will be returned to the water in c-
ompliance with regulations of the authorities represented by CC-
NAA. All salmonid information will be exchanged by the authorit-
ies by February 1, 1992.
7. Observers will record biological information from any sea tu-
rtles caught prior to the animal being processed or returned to
the water in compliance with regulations of the authorities rep-
resented by CCNAA. Carapace measurements will be taken whenever
feasible. Whenever conditions permit, turtles taken alive will
be freed from net and net fragments, tagged by the observer, and
released. Turtles taken aboard dead may be dissected for examin-
ation of stomach contents and collection of organs or tissue sa-
mples. All biological data from sea turtles will be exchanged by
the authorities by April 1, 1992.
8. Observers will record biological information, including leng-
th measurements from flying squid, albacore and other tunas, bi-
llfishes, sharks, and other non-salmonid fishes. Whole specimens
or tissue samples from discarded albacore or finfish may be col-
lected and frozen by the observer. All biological data from squ-
id and non-salmoid finfishes will be exchanged by the authoriti-
es by April 1,1992.
9. Observers will record biological information and collect bio-
logical samples from marine mammals incidentally caught. The da-
te will include species, sex, body length, lactation, pregnancy,
fetal length and sex. The samples will include stomachs, tissues
, skulls teeth and reproductive organs. All biological data on
marine mammals will be exchanged by the authorities by April 1,1
992.
10. Observers will record biological information and collect bi-
ological samples from marine birds incidentally caught. The data
will include species, color phase, age, brood patch, culmen len-
gth, wing length, molt, stomach contents, sex, weight, and coll-
ection of and information on, all recovered tags and bands. One
whole specimen of each species may be retained and frozen as a
voucher specimen by each observer. All marine bird data will be
exchanged with the appropriate authorities by April 1,1992.
11. Observers will record data on sightings of marine mammals a-
nd seabirds when the vessel is in transit to a new fishing loca-
tion. The data will include standard sighting information such
as location, environmental conditions, species sighted, number
of animals sighted, distance from the vessel, etc. Such sighting
activity is not to alter the course or interrupt in any way the
normal operations of the vessel. Access to information on the v-
essel's position and environmental conditions will be ensured.
12. The scientific observer, with the assistance of an appropri-
ate crew member, shall place the specimens in the assigned stor-
age or freezer space for storage on the host vessel. The host v-
essel shall maintain the specimens and return them to Kaohsiung
at the end of the cruise. CCNAA shall notify AIT Kaohsiung when
the specimens will be available at the dock. Observers will also
be allowed to transfer specimens and return them to port on the
transport vessels. Vessels used to transport observers will ma-
ke all reasonable efforts to provide freezer space necessary to
accommodate observer specimen materials.
13. On a daily basis, the vessel captain will provide to the ob-
server information on the quantities of albacore, other species
of tuna, swordfish, marlin, and sharks retained by the host ves-
sel and the quantities discarded. Information on the quantities
retained by the vessel will be provided with respect to each pr-
ocessed form, including whole fish, fillets, loins, fins, and b-
elly portions. In a manner not to interfere with the operation
of the host vessel, observers may collect data to determine the
size composition of albacore or other species discarded by the
vessel, the size composition of those retained by the vessel, a-
nd the relative weights of whole fish and the various processed
forms. Guidelines for size composition sampling are described in
the official field manual.
14. The DOF shall assist in making arrangements for the export
permits required to ship samples to the United States. Observe-
rs will contact NMFS, Seattle, or AIT/Kaohsiung and relay their
specimen list during transit back to Taiwan so that permits are
ready when observers disembark.
B. Coordination, Standardization, and Observer Training
1. AIT and CCNAA will cooperate to achieve the collection and r-
ecording of data by their respective scientific observers in a
standardized format. The NMFS on behalf of AIT shall assist the
DOF on behalf of the CCNAA in developing the CCNAA observer pro-
gram by providing training opportunities for CCNAA observer tra-
iners at the NMFS Seattle office and by preparing and providing
observer manuals to the DOF. Scientists from the CCNAA observer
program will travel to the AFSC early in 1991 to observe driftn-
et observer training procedures and techniques. The NMFS on beh-
alf of AIT shall make every effort to send an observer training
team to the territory represented by the CCNAA in early 1991
for a week to assist the CCNAA observer program. All expenses of
the travel described in this paragraph shall be borne by the se-
nding side. The observer training and field data collection man-
uals will be provide to the DOF by the NMFS on behalf of AIT by
April 15, 1991.
2. The duties of AIT and CCNAA scientific observers, as describ-
ed in the observer manual, shall be standardized according to t-
raining procedures developed by the NMFS on behalf of AIT, in c-
onsultation with the DOF on behalf of CCNAA. The data collection
procedures and data forms used by AIT and CCNAA scientific obse-
rvers shall be standardized by the NMFS, in consultation with t-
he DOF, and translated into Chinese by the DOF on behalf of CCN-
AA. The CCNAA shall thoroughly train their observers and provide
these translated data forms before the CCNAA observers are depl-
oyed.
3. Data identified in paragraph III(A) for collection by observ-
ers will be recorded daily onto the data forms described in par-
agraph 2 above. These completed forms will be duplicated and pr-
ovided to appropriate authorities within 30 days after the CCNAA
or AIT scientific observer returns to port.
Ⅳ. Data Exchange and Reporting
A. Data Exchange
Total fishing effort and the total catch in numbers of animals
and in metric tons of the squid and large-mesh driftnet fleets
will be complied by 10 day period and month and 1 degree x 1 de-
gree statistical areas, for the following species: flying squid,
salmanids, albacore, skipjack tuna, other tuna, swordfish, marl-
in, yellowtail, pomfret, sharks, and other fishes. Such date are
to be provided by the DOF on behalf of CCNAA to the NMFS by Apr-
il 1,1992.The number of vessels by type that actually fished are
also to be provided by the DOF on behalf of CCNAA to NMFS by Ap-
ril 1, 1992. Three measures of effort are to be reported by sta-
tistical area for each fishery: the cumulative number of standa-
rdized tans (50m standard tan length), number of vessels fishing
and vessel days of operations.
B. Reporting
1. Data reporting will be made by the representatives of CCNAA
and AIT according to the following schedules:
(a) For the driftnet observer programs, appropriate authorities
will jointly compile by April 1,1992 a preliminary data set
of average catch rates collected by CCNAA and AIT scientific
observers of the species of cephalopods, finfish, marine ma-
mmals, seabirds and sea turtles identified in section III(A)
by 1 degree x 1 degree statistical areas by 10 day period a-
nd month. To facilitate the compilation of the preliminary
data sets CCNAA and AIT scientists will meet early in 1992.
(b) A final report reviewing data identified in section III(A)
collected by CCNAA and AIT scientific observers during 1991
will be jointly produced by the appropriate representatives
by May 1, 1992. The preliminary data sets and the final rep-
ort will include data collected on the catch and by catch of
all species. If there are disagreements between the coopera-
ting authorities pertaining to the data sets or reports, the
differences will be described therein.
2. All observed field data per set shall not be opened to the p-
ublic. The final reports of the observations made by CCNAA and
AIT scientific observers shall not be opened to the public until
their completion as specified in Section IV(B)(l)(b).
V. Research Coordination
1. Recognizing that the authorities represented by AIT and CCNAA
conducting research programs relevant to the interpretation of
driftnet fisheries observer data, the range and scope of potent-
ial cooperation in these programs should be thoroughly conside-
red prior to implementation of the 1991 driftnet fisheries obse-
rver program. Scientists of CCNAA and AIT familiar with these p-
rograms will exchange views on potential collaboration and spec-
ify actions to be taken in the following areas by April 1,1991:
(a) Current and anticipated research on the biology and populat-
ion dynamics of species taken in the North Pacific driftnet
fisheries;
(b) Current and anticipated research on the physical and biolog-
ical oceanography of the high seas driftnet fishing area;
(c) Current and anticipated research plans and development of f-
isheries technologies relevant to driftnet fisheries and av-
oidance of non-target species; and
(d) Research vessel and chartered fishing vessel activities for
the North Pacific high seas region in 1991.
2. A report on results of the 1991 research cruises in the drif-
tnet fishing areas will be exchanged within 90 days after the c-
ompletion of the cruises by the DOF on behalf of CCNAA and the
NMFS on behalf of AIT.
3. Reports of results of other research related to the high seas
driftnet programs will be exchanged by the DOF on behalf of CCN-
AA and the NMFS on behalf of AIT upon completion.