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1.Signed and exchanged on March 1 and 29, 1990; Entered into force on March 29, 1990.
 
I Letter from Mr. David N. Laux, Chairman of the Board and Mana-
ging Director of the American Institute in Taiwan, to Mr. Ding
Mou--shih Representative of Coordination for North American A-
ffairs

Mr. Ding Mou-shih
Representative
Coordination Council for
North American Affairs
4201 Wiscnsin Avenue, N.W.
Washington, D.C. 20016--2137

Dear Mr. Ding :

I have the honor to provide to you the enclosed data collec-
tion forms that have been developed for use by our two sides to
implement Article VII of the Driftnet Agreement concluded betwe-
en the American Institute in Taiwan (AIT) and the Coordination
Council for North American Affairs (CCNAA) on August 24, 1989.
By this letter, I am initiating the consultation regarding these
forms called for in section III.B.2. of the AIT-CCNAA North Pac-
ific High Seas Driftnet Fishery 1990 Scientific Observer Program
that was initialled during our February 20-24, 1990 driftnet fi-
shery consultations.

We would like to create the final versions of these forms by
March 15, 1990 and would welcome the opportunity to incorporate
your comments.

I look forward to receiving your reply.

Sincerely,
[Signed]
David N. Laux
Chairman of the Board
and Managing Director
Enclosure :
As Stated

II Letter from Mr. Ding Mou-shih, Representative of Coordination
Council for North American Affairs, to Mr. David N. Laux, Ch-
airman of the Board and Managing Director of Amenican Instit-
ute in Taiwan

Mr. David N. Laux
Chairman kof: the Board
and Managing Director
American Institute in Taiwan
suite 1705
1700 North Moore Street
Arlington, Virginia 22209

Dear Mr. Laux :

I have the honor to refer to you the letter of March 1, 1990,
which states :

Dear Mr. Ding :

I have the honor to provide to you the enclosed North Pacific
High Seas Driftnet Fishery Scientific Observer Program for 1990
that has been developed in consultations between our two sides
to implement the Driftnet Agreement coneluded between the Ameri-
can Institute in Taiwan (AIT) and the Coordination Council for
North American Affairs (CCNAA) on August 24, 1989.

If the proposed program is acceptable to CCNAA, this letter,
together with your reply, shall constitute and agreement to imp-
lement this Program for the 1990 fishing season.

I look forward to your early reply.

Sincerely,

[Signed]
David N. Laux
Chairman of the Board
and Managing Director

The program enclosed in your letter is acceptable to CCNAA as
provided.
Sincerely,
[Signed]
Mou-shih Ding
Representative

III Letter from Mr. Ding Mou-shih Representative of Coordination
Council for North American Affairs, to Mr. David N. lavx, C-
hairman of the Board and Managing Director of American Inst-
itute in Taiwan

March 29, 1990
Mr. David N. Laux
Chairman of the Board
and Managing Director
American Institute in Taiwan
1700 N. Moore Steet, # 1705
Arlington, VA 22209

Dear Mr. Laux :

I have the honor to refer to your letter of March l, 1990,
which states :

Dear Mr. Ding :

I have the honor to provide to you the enclosed North Pacif-
ic High Seas Driftnet fishery Scientific Observer Program for 19
90 that has been developed in consultatioms between our two sid-
es to implement the Driftnet Agreement concluded between the Am-
erican Institute in Taiwan (AIT) and the Coordination Council f-
or North American Affairs (CCNAA) on August 24, 1989.

If the proposed Program is acceptable to CCNAA, this letter,
together with your reply, shall constitute an agreement to impl-
ement this Program for the 1990 fishing season.

I look forward to your early reply.

Sincerly,
[Signed]
David N. Laux
Chairman of the Board
and Managing Director

The program enclosed in your letter is acceptable to CCNAA as
provided.
Sincerely,
[Signed]
Mou-Shih Ding
Representative

AIT-CCNAA North Pacific High Seas Driftnet Fishery 1990 Scient-
ific Observer Program (Pursuant to the AIT / CCNAA Driftnet Agr-
eement)

In order to implement Article VII of the Annex to the Exchan-
ge of Letters Between the American Institute in Taiwan (AIT) and
the Coordination Council for North American Affairs (CCNAA) Reg-
arding the High Seas Driftnet Fishing in the North Pacific Ocean
(hereinafter referred to as "1989 Annex" ), the party represent-
ed by CCNAA and the party represented by AIT will comply with t-
he following procedures for collecting, processing, and reporti-
ng driftnet fishery data by scientific observers of CCNAA and A-
IT during 1990. The objective of these activities is to obtain
statistically reliable data on the catch of target and non-targ-
et species by all driftnet fisheries of the territory represent-
ed by CCNAA in the North Pacific Ocean, in accordance with the
terms of the 1989 Annex.

The scientific observers shall not interfere with the fishing
operations of the host vessels.

The responsible parties for carrying out the scientific moni-
toring program shall be the National Marine Fisheries Service (
hereinafter referred to as "NMFS")for the party represented by
AIT and the Department of Fisheries, Council of Agriculture (he-
reinafter referred to as the "DOF") for the party represented by
CCNAA. shall exchange the names of their coordinators and the c-
ontact procedures for implementing this program by April 1, 1990
.

I Observer Deployment

A Number of Observers to be Deployed Pursuant to Article VII (
b) (1) of the 1989. Annex
During 1990, 14 AIT scientific observers will be deployed a-
board 14 commercial driftnet vessels of the party krepresen-
ted by CCNAA throughout the driftnet fishing area for 45 da-
ys each to observe all driftnet retrievals on each vessel,
and 10 CCNAA scientific observers will be deployed on 10 co-
mmercial driftnet vessels of the party represented by CCNAA
for 60 day each to observe all driftnet retrievals on each
vessel. The deployment of such observers on vessels using l-
arge mesh and small mesh driftnet gear will generally be in
proportion to the fishing effort of each type of fishery. A-
llocation of the observer effort will follow the plan in ta-
ble 1.

B Number of Observers to be Deployed Pursuant to article YII(b
) (2) of the 1989 Annex
During 1990, 2 AIT scientific observers and 2 CCNAA scienti-
fic observers will be deplotyed on avessel of the party rep-
resented by CCNAA that will move among the driftnet fleet d-
uring 3 summer months of the fishing season so that the obs-
ervers can be deployed from this platform on a series of dr-
iftnet vessels of the party represented by CCNAA to observe
a few driftnet retrievals on each vessel.

C Host Vessels and Embarkation and Debarkation of Observers
1 Vessels: The DOF on behalf of CCNAA shall provide to the
NMFS a preliminary list by April 1, 1990, and a final list
by May 1, 1990, of the commercial driftnet vessels that w-
ill host AIT scientific observers in 1990. Both the preli-
minary list and the final list shall include the vessel n-
ame, size, large or small mesh, expected area of fishing,
and expected dates and places of embarkation and debarkat-
ion of observers consistent with the allocation of observ-
er effort specified in Table 1. The DOF on behalf of CCNAA
shall arrange for such transportation in consultation with
the NMFS.
When the final list of the commercial driftnet vessels th-
at will host AIT scientific observers is provided by May 1
, 1990, to the NMFS, the DOF on behalf of CCNAA shall inc-
lude plans for transporting the AIT observers to the host
driftnet vessels. In principle, embarkation and debarkati-
on of AIT scientific observers shall be from a U.S. or As-
ian port. Should such arrangements be impractical, the em-
barkation and/or debarkation of AIT observers to and from
host driftnet vessels may be made via transport or other
vessels. The DOF on behalf of CCNAA shall arrange for such
transportation in consultation with the NMFS.
2 Travel to port: The NMFS on behalf of AIT shall provide t-
ravel arrangements (including costs) for the AIT scientif-
ic observers from the United States to ports of embarkati
on and from ports of debarkation to the United States and
the cost of stay on land. The AIT scientific observers sh-
all arrive at port at least two working days prior to the
scheduled embarkation date of their corresponding host ve-
ssel.
3 At-sea Transfer: For extended cruises, the DOF on behalf
of CCNAA shall assist in arranging debarkation via ships
of opportunity after the AIT observer has been aboard for
45 days on the host commercial fishing vessel.
4 Redeployment of Obsewers: In the event that a host vessel
with an AIT observer must cease operation and return to p-
ort due to such incidents as accident or mechanical rouble
, the DOF on behalf of CCNAA shall find a substitute vess-
el and transfer the AIT observer so that the observer can
complete the remaining observations. However, if such tra-
nsfer opportunity is unavailable, the AIT observer shall
return to port aboard the host fishing vessel.

If there are 10 or more days remaining of the required obser-
vation days when the observer is returned to port, the DOF on b-
ehalf of CCNAA in consultation with the NMFS on behalf of AIT s-
hall continue to make arrangements for the observer to board a
substitute driftnet vessel of the party represented by the CCNAA
to complete the required driftnet observations.

II Observer Arrangements at Sea
A Safety and Rules
The csientific observers shall comply with the customs and
rules of the host vessel (i.e., meal hours, use of water,
bathing time, etc.) and instructions of the captain so as
to secure safety for the crew members as well as the obser-
vers. The captain of a host vessel shall pay due attention
to ensure observers between vessels at sea. The observers
will not bring any toxic substances aboard the vessels.
B Observer Needs and Assistance
The DOF on behalf of CCNAA shall arrange for the host vess-
el to provide food and lodging, observation and storage sp-
aces, and assistance for the scientific observers. The obs-
ervation space shall allow for safe direct viewing of drif-
tnet retrieval operations, storage and freezer spaces shall
also be provided by the host vessel for a maximum of five-
gallon containers to keep specimens. The DOT on behalf of
CCNAA shall assist AIT scientific observers in the procure-
ment of standard biological supplies as may be required for
specimen collection. Without interfering with fishing oper-
ations, assistance shall be given by the captain in instru-
cting the crew when requested by the observer temporarily
to retain specimens of any catch and incidental catch, inc-
luding any birds, mammals, fish, and turtles for sampling
by the observer.

The AIT observer shall have access to the navigational equ-
ipment to determine vessel position during set and retriev-
al operations and at other times as required to accomplish
assigned data collection.

The NMFS on behalf of AIT shall prepare a poster explaining
scientific observer funcions and a letter of introduction
for each observer in Chinese to the host vessels. The DOF
on behalf of CCNAA shall educate the driftnet industry abo-
ut the scientific observer peogram and distribute the lite-
rature prepared by the NMFS on behalf of AIT to the host v-
essels. The AIT observers shall also be allowed to post the
letter of introduction and poster of observer functions on
the host vessel in a place designated by the captain. The
NMFS will provide a copy of the letter and poster to DOF f-
or preview.

C At-sea Communications At-sea communications by the AIT sci-
entific observers shall bepermitted with the consent of the
host vessel captain on all alternate calendar days and at
such other times as special circumstances may require. The
host vessel must allow prompt communication in case of an
emergency. Communications shall be through the host vessel'
s captain or designated reprsentative to the U.S. Coast Gu-
ard and the NMFS. Communications shall be conducted accord-
ing to the following procedures :

Communications from AIT observers aboard CCNAA vessels aut-
horized to communicate with U.S. stations shall be transmi-
tted from the hoat vessel to the NMFS Observer Program via
the U.S. Coast Guard communication stations in Kodiak, Ala-
ska, Honolulu, Hawaii, or San Francisco, California, or via
U.S. Naval Station Adak, Alaska. Communications from AIT o-
bservers aboard Taiwan vessels that cannot transmit direct-
ly to U.S. stations shall be transmitted from the host ves-
sel to the DOF on behalf of CCNAA. The DOF on behalf of CC-
NAA shall promptly relay the observer messages by facsimile
or other rapid form of transmission to the NMFS in Seattle.

AIT observers shall be allowed to communicate with other s-
cientific observers on other driftnet fishing vessels. The-
se communications shall be arranged with consent of the ca-
ptain of the host vessel at time that will not interfere w-
ith vessel fishing operations.

The NMFS on behalf of AIT shall reimburse reimburse the co-
st of transmitting AIT observer messages from DOF to NMFS
not to exceed U.S. $150.00 per observer cruise. The NMFS on
behalf of AIT shall also reimburse the DOF for the cost, if
any, of at-sea radio communications.
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 obs-
ervers will provide their own bedding and personal articles
. The NMFS on behalf of AIT shall reimburse the DOF on beh-
alf of CCNAA for food and lodging on commercial transport
vessels 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 adequ-
ate insurance to cover potential liability for accidents a-
nd/or illness that may occur during the entire period theA-
IT 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 insurance.
F Reimbursement of Costs
Reimbursements from the NMFS on behalf of AIT to the DOF a-
re identified in paragraph II (C) for communications and in
paragraph II (D) for food and lodging.

Itemized invoices for reimbursement shall be sent to NMFS
via AIT for payment on a quarterly basis.
G Emergency
In the event of medical or other emergency circumstances r-
elating to an AIT scientific observer, evacuation shall be
accomplished accordring to established international pract-
ice. The DOF on behalf of CCNAA shall immediately inform t-
he U.S. Coast Guard and/ or the NMFS on behalf of AIT of a-
ny such emergency.
III Data Collection
A Data to be Collected
For each operation, observers will collect the following d-
ata according to standardized procedures and format as joi-
ntly developed :
1 Information on fishing methods including net mesh sizes,
method of net deployment (i.e., whether the vessel fished
individually 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 tan of net (as measured by t-
he observer), number of tans per net section, number and
arrangement of net sections deployed per net set, and ta-
ns of net lost or discarded, description of net materials
, number of driftnet vessels fishing in an array and num-
ber of such arrays in the area (within 60 nm of the obse-
rver vessel) ;
2 Environmental conditions at the beginning and again at t-
he ending of each net deployment, including : surface wa-
ter temperatures, weather conditions (air temperature, w-
ind speed and direction, visibility, cloud cover), and s-
ea conditions (sea state, swell direction and height) ;
3 Date and location of net at time of set and retrieval to
nearest minute of latitude and longitude as recorded by
the scientific observer directly from the navigation equ-
ipment ;
4 Catches, take, and drop-out rates of all species, includ-
ing target species and incidental species, recorded by e-
ach net section observed ;
5 The vertical distribution of seabirds and seabird prey s-
pecies (such as squid, saury, and pomfret) in the net we-
bbing will be recorded by net section ;
6 Observers will record biological information from any sa-
lmonid incidentally caught. For the 1990 observer program
, this information will include the taking of scale samp-
les, species determination, sex, weight and fork length
determination and the collection of snouts from all salm-
onids missing the adipose fin. After sampling the salmon-
ids will be returned to the water. All salmonid informat-
ion will be exchanged by the parties by February 1, 1991;
7 Observers will record biological information from any sea
turtles caught prior to the animal being processed or re-
turned to the water in compliance with regulations of the
party represented by CCNAA. Carapace measurements will be
taken alive will be freed from net fragments, tagged by
the observer, and released. Turtles taken aboard dead may
be dissected for examination of stomach contents and col-
lection of organs or tissue samples. All biological data
from sea turtles will be exchanged by the parties by Apr-
il 1, 1991 ;
8 Observers will record biological information and collect
biological samples from any discarede albaacore or other
finfish species, including samples of length measurements
. Whole specimens or tissue samples from discarded albac-
ore or finfish may be collected and frozen by the observ-
er. All biological data from finfish (other than salmoni-
ds) will be exchanged by the parties by April 1, 1991;
9 Observers will record biological information and collect
biological samples from marine mammals incidentally caug-
ht. The data will include species, sex, body length, lac-
tation, pregnancy, fetal length and sex, teeth and repro-
ductive organs. All biological data on marine mammals wi-
ll be exchanged by the parties by April 1, 1991;
10 Observers will record biological information and collect
biological samples from marin birds incidentally caught.
The data will include species, color phase, age, brood p-
atch, culmen length, wing length, molt, stomach contents,
sex, and weight. One whole specimen of each species may
be retained and frozen as a voucher specimen by epecimen
by each observer ;
11 Observers will record data on sightings of marine mammals
and seabirds when the vessel is in transit to a new fish-
ing location. The data will include standard sighting in-
formation such as location, environmental conditions, sp-
ecies 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 ;
12 The scientific observer, with the assistance of an appro-
priate crew member, shall place the specimens in the ass-
igned storage or freezer space for storage on the host v-
essel. The host vessel 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 av-
ailable at the dock ;
13 On a daily Basis, the vessel captain will provide to the
observer information on the quantities of albacore, other
species of tuna, swordfish, merlin, and sharks retained
by the host vessel and the quantities discarded. Informa-
tion on the quantities retained by the vessel will be pr-
ovided with respect to each processed form, including wh-
ole fish, fillets, loins, fins, and belly portions. In a
manner not to interfere with the operation of the host v-
essel, the size composition of those retained by the ves-
sel, and the relative weights of whole fish and the vari-
ous processed forms.
B Coordination, Standardization, and Observer Training
1 AIT and CCNAA will cooperate to achieve the collection a-
nd recording of data by their respective scientific obse-
rvers in astandardized format. The NMFS on behalf of AIT
shall assist the DOF on behalf of the CCNAA in developing
the CCNAA observer program by providing training opportu-
ities for CCNAA observer trainers at the NMFS Seattle of-
fice and by preparing and providing observer manuals to
the DOF. The NMFS on behalf of AIT shall also send an ob-
server training team to the territory represented by the
CCNAA in early 1990 for a week to assist the CCNAA obser-
ver program. All expenses of the travel described in this
paragraph shall be borne by the sending side. The observ-
er training and field data collection manuals will be pr-
ovided to the DOF by the NMFs on behalf of AIT by April 1
, 1990.
2 The duties of AIT and CCNAA scientific observers, as des-
cribed in the observer manual, shall be standardized acc-
ording to training procedures developed by the NMFS on b-
ehalf of AIT, in consultation with the DOF in behalf of
CCNAA. The data collection procedures and data forms used
by AIT and CCNAA scientific observers shall be standardz-
ed by the NMFS, in consultation with the DOF, and transl-
ated into Chinese by the DOF on behalf of CCNAA. The CCN-
AA shall thoroughly train their observers and provide th-
ese translated data forms before the CCNAA observers are
deployed.
3 All data identified in paragraph III
(A) for collection by observers will be recorded daily onto
the data forms described in paragraph 2 above.
These completed forms will be duplicated and provided
to appropriate authorities of the cooperating parties
within 30 days after the CCNAA or AIT scientific obser-
ver disernbarks the host vessel.
VI Data Exchang and Reporting
A Data Exchange
Total fishing effort and the total catch in numbers of ani-
mals and in metric tons of the squid and large-mesh driftn-
et fleets will be compiled by 10 day period and month and 1
degree x 1 degree statistical areas, for the following spe-
cies : flying squid, salmonids, albacore, skipjack tuna, o-
ther tuna, swordfish, merlin, yellowtail, pomfret, sharks,
and other fishes. Such data are to be provided by the DOF
on behalf of CCNAA to the NMFS by May 31, 1991. The number
of vessels by type that actually fished are also to be pro-
vided by the DOF on behalf of CCNAA to the NMFS by May 31,
1991. Three measures of effort are to be reported by stati-
stical area for each fishery : the cumulative number of st-
andardized tans (50m standard tan length), number of vesse-
ls fishing and vessel days of operations.
B Reporting
1 Data reporting will be made by the representatives of CCN
AA and AIT according to the following schedules :
(a) For the driftnet observer programs, appropriate author-
ities of the cooperating parties will jointly produce
by April 1, 1991, a preliminary data summary of average
catch rates collected by CCNAA and AIT scientific obse-
rvers of the species of cephalopods, finfish, marine m-
ammals, seabirds and sea turtles identified in section
III (A) by 1 degree x ; degree statistical areas by 10
day period and month. To facilitate the production of
the perliminary data summaries, CCNAA and AIT scientis-
ts will meet early in 1991.
(b) A final report reviewing data identified in section III
(A) collected by CCNAA and AIT scientific observers du-
ring 1990 will be jointly produced by the appropriate
representatives by May 31, 1991. The preliminary data
summaries and the final report will include data colle-
cted on the catch and bycatch of all species. If there
are disagreements between the cooperating parties pert-
aining to the data summaries or reports, the differenc-
es will be described therin.
2 All observed field data per set shall not be opened to t-
he public. The summary reviews and the final reports of
the observations made by CCNAA and AIT scientific observ-
ers shall not be opened to the public until their comple-
tion as specified in Section IV (B) (1) (b).
V Research Coordination
1 Recognizing that the parties represented by AIT and CCNAA a-
re conducting research programs relevant to the interpretat-
ion of driftnet fisheries observer data, the range and scope
of potential cooperation in these programs should be thorou-
ghly considered prior to implementation of the 1990 driftnet
fisheries observer program. Scientists of CCNAA and AIT fam-
iliar with these programs will exchange views on potential
collaboration and specify actions to be taken in the follow-
ing areas by April 1, 1990 :
(a) Current and anticipated research on the biology and popul-
ation dynamics of species taken in the North Pacific drif-
tnet fisheries ;
(b) Current and anticipated research on the physical and biol-
ogical oceanography of the high seas driftnet fishing area
;
(c) Current and anticipated research and development of fishe-
ries technologies relevant to driftnet fisheries ; and
(d) Research vessel and chartered fishing vessel activities f-
or the North Pacific high seas region in 1990.
2 A report on results of chartered of the 1990 research cruis-
es in the driftnet fishing areas will be exchanged within 60
days after the completion of the cruises by the DOF on beha-
lf of CCNAA and the NMFS on behalf of AIT.
3 Reports of results of other research related to the high se-
as driftnet programs will be exchanged by the DOF on behalf
of CCNAA and the NMFS on behalf of AIT upon completion.

Table 1. Deployment of Scientific Observers and the number of
Driftnet Fishing Vessels to be observed during 1990.
Month
Party May June July August September October Total
ATT 2 5 6 5 4 1
CCNAA 2 4 5 6 4 1
Estimated Number
of Observed
Operations* 60 270 341 341 240 30 1282

※These numbers exclude transit time to and from the fishing gr-
ounds.