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INTERNATIONAL CONVENTION FOR THE HIGH SEAS FISHERIES OF THE NORTH PACIFIC OCEAN* * The Annex to this Convention was amended on November 17, 1962, by the International North Pacific Fisheries Commission. The amendments have been accepted by Japan on February 26, 1963, by the United States of America on March 23, 1963 and by Canada on May 8, 1963. Tokyo, 9 May 1952 The Governments of the United States of America, Canada and Japan, whose respective duly accredited representatives have subscribed hereto, Acting as sovereign nations in the light of their rights under the principles of international law and custom to exploit the fishery resources of the high seas, and Believing that it will best serve the common interest of mankind, as well as the interests of the Contracting Parties, to ensure the maximum sustained productivity of the fishery resources of the North Pacific Ocean, and that each of the Parties should assume an obligation, on a free and equal footing, to encourage the conservation of such resources, and Recognizing that in view of these considerations it is highly desirable (1) to establish an International Commission, representing the three Parties hereto, to promote and co-ordinate the scientific studies necessary to ascertain the conservation measures required to secure the maximum sustained productivity of the fisheries of joint interest to the Contracting Parties and to recommend such measures to such Parties and (2) that each Party carry such conservation recommendations, and provide for necessary restraints on its own nationals and fishing vessels. Thereafter agree as follows: Article I 1. The area to which this Convention applies, hereinafter referred to as "the Convention area," shall be all waters, other than territorial waters, of the North Pacific Ocean which for the purposes hereof shall include the adjacent seas. 2. Nothing in this Convention shall be deemed to affect adversely (prejudice) the claims of any Contracting Party in regard to the limits of territorial waters or to the jurisdiction of a coastal state over fisheries. 3. For the purposes of this Convention the term "fishing vessel" shall mean any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities. Article II 1. In order to realize the objectives of this Convention, the Contracting Parties shall establish and maintain the International North Pacific Fisheries Commission, hereinafter referred to as "the Commission." 2. The Commission shall be composed of three national sections, each consisting of not more than four members appointed by the governments of the respective Contracting Parties. 3. Each national section shall have one vote. All resolutions, recommendations and other decisions of the Commission shall be made only by a unanimous vote of the three national sections except when under the provisions of article III, section I (c) (ii) only two participate. 4. The Commission may decide upon and amend, as occasion may require, by-laws or rules for the conduct of its meetings. 5. The Commission shall meet at least once each year and at such other times as may be requested by a majority of the national sections. The date and place of the first meeting shall be determined by agreement between the Contracting Parties. 6. At its first meeting the Commission shall select a Chairman, Vice-Chairman and Secretary from different national sections. The Chairman, Vice-Chairman and Secretary shall hold office for a period of one year. During succeeding years selection of a Chairman, Vice-Chairman and Secretary from the national sections shall be made in such a manner as will provide each Contracting Party in turn with representation in those offices. 7. The Commission shall decide on a convenient place for the establishment of the Commission's headquarters. 8. Each Contracting Party may establish an Advisory Committee for its national section to be composed of persons who shall be well informed concerning North Pacific fishery problems of common concern. Each such Advisory Committee shall be invited to attend all sessions of the Commission except those which the Commission decides to be in camera. 9. The Commission may hold public hearings. Each national section may also hold public hearings within its own country. 10. The official languages of the Commission shall be Japanese and English. Proposals and data may be submitted to the Commission in either language . 11. Each Contracting Party shall determine and pay the expenses incurred by its national section. Joint expenses incurred by the Commission shall be paid by the Commission through contributions made by the Contracting Parties in the form and proportion recommended by the Commission and approved by the Contracting Parties. 12. An annual budget of joint expenses shall be recommended by the Commission and submitted to the Contracting Parties for approval. 13. The Commission shall authorize the disbursement of funds for the joint expenses of the Commission and may employ personnel and acquire facilities necessary for the performance of its functions. Article III 1. The Commission shall perform the following functions: a) In regard to any stock of fish specified in the annex, study for the purpose of determining annually whether such stock continues to qualify for abstention under the provisions of article IV. If the Commission determines that such stock no longer meets the conditions of article IV, the Commission shall recommend that it be removed from the annex. Provided, however, that with respect to the stocks of fish originally specified in the Annex, no determination or recommendation as to whether such stock continues to qualify for abstention shall be made for five years after the entry into force of this Convention. b) To permit later additions to the annex, study, on request of a Contracting Party, any stock of fish of the Convention area, the greater part of which is harvested by one or more of the Contracting Parties, for the purpose of determining whether such stock qualifies for abstention under the provisions of article IV. If the Commission decides that the particular stock fulfills the conditions of article IV it shall recommend (1) that such stock be added to the annex, (2) that the appropriate Party or Parties abstain from fishing such stock and (3) that the Party or Parties participating in the fishing of such stock continue to carry out necessary conservation measures. c) In regard to any stock of fish in the Convention area: (i) Study, on request of any Contracting Party concerned, any stock of fish which is under substantial exploitation by two or more of the Contracting Parties, and which is not covered by a conservation agreement between such Parties existing at the time of the conclusion of this Convention, for the purpose of determining need for joint conservation measures; (ii) Decide and recommend necessary joint conservation measures including any relaxation thereof to be taken as a result of such study. Provided, however that only the national sections of the Contracting Parties engaged in substantial exploitation of such stock of fish may participate in such decision and recommendation. The decisions and recommendations shall be reported regularly to all the Contracting Parties, but shall apply only to the Contracting Parties the national sections of which participated in the decisions and recommendations. (iii) Request the Contracting Party or Parties concerned to report regularly the conservation measures adopted from time to time with regard to the stocks of fish specified in the Annex, whether or not covered by conservation agreements between the Contracting Parties, and transmit such information to the other Contracting Party or Parties. d) Consider and make recommendations to the Contracting Parties concerning the enactment of schedules of equivalent penalties for violations of this Convention. e) Compile and study the records provided by the Contracting Parties pursuant to article VIII. f) Submit annually to each Contracting Party a report on the Commission's operations, investigations and findings, with appropriate recommendations, and inform each Contracting Party, whenever it is deemed advisable, on any matter relating to the objectives of this Convention. 2. The Commission may take such steps, in agreement with the Parties concerned, as will enable it to determine the extent to which the undertakings agreed to by the Parties under the provisions of article V, section 2 and the measures recommended by the Commission under the provisions of this article and accepted by the Parties concerned have been effective. 3. In the performance of its functions, the Commission shall, insofar as feasible, utilize the technical and scientific services of, and information from, official agencies of the Contracting Parties and their political subdivisions and may, when desirable and if available utilize the services of, and information from, any public or private institution or organization or any private individual. Article IV 1. In making its recommendations the Commission shall be guided by the spirit and intent of this Convention and by the considerations below mentioned. a) Any conservation measures for any stock of fish decided upon under the provisions of this Convention shall be recommended for equal application to all Parties engaged in substantial exploitation of such stock. b) With regard to any stock of fish which the Commission determines reasonably satisfies all the following conditions, a recommendation shall be made as provided for in article III, section 1, (b). (i) Evidence based upon scientific research indicates that more intensive exploitation of the stock will not provide a substantial increase in yield which can be sustained year after year. (ii) The exploitation of the stock is limited or otherwise regulated through legal measures by each Party which is substantially engaged in its exploitation, for the purpose of maintaining or increasing its maximum sustained productivity; such limitations and regulations being in accordance with conservation programs based on scientific research, and (iii) The stock is the subject of extensive scientific study designed to discover whether the stock is being fully utilized and the conditions necessary for maintaining its maximum sustained productivity. Provided, however, that no recommendation shall be made for abstention by a Contracting Party concerned with regard to: (1) any stock of which at any time during the twenty-five years next preceding the entry into force of this Convention has been under substantial exploitation by that Party having regard to the conditions referred to in section 2 of this article; (2) any stock of fish which is harvested in greater part by a country or countries not party to this Convention; (3) waters in which there is historic intermingling of fishing operations of the Parties concerned. intermingling of the stocks of fish exploited bv these operations, and a long established history of joint conservation and regulation among the parties concerned so that there is consequent impracticability of segregating the operations and administering control. It is recognized that the conditions specified in subdivision (3) of this proviso apply to Canada and the United States of America in the waters off the Pacific Coasts of the United States of America and Canada from and including the waters of the Gulf of Alaska southward and, therefore, no recommendation shall be made for abstention by either the United States of America or Canada in such waters. 2. In any decision or recommendation allowances shall be made for the effect of strikes, wars, or exceptional economic or biological conditions which may have introduced temporary declines in or suspension of productivity exploitation. or management of the stock of fish concerned. Article V 1. The annex attached hereto forms an integral part of this Convention. All references to "Convention" shall be understood as including the said annex either, in its present terms or as amended in accordance with the provisions of article VII. 2. The Contracting Parties recognize that any stock of fish originally specified in the annex to this Convention fulfills the conditions prescribed in article IV and accordingly agree that the appropriate Party or Parties shall abstain from fishing such stock and the Party or Parties participating in the fishing of such stock shall continue to carry out necessary conservation measures. Article VI In the event that it shall come to the attention of any of the Contracting Parties that the nationals or fishing vessels of any country which is not a Party to this Convention appear to affect adversely the operations of the Commission or the carrying out of the objectives of this Convention, such Party shall call the matter to the attention of other Contracting Parties. All the Contracting Parties agree upon the request of such Party to confer upon the steps to be taken towards obviating such adverse effects or relieving any Contracting Party from such adverse effects. Article VII 1. The annex to this Convention shall be considered amended from the date upon which the Commission receives notification from all the Contracting Parties of acceptance of a recommendation to amend the annex made by the Commission in accordance with the provisions of article III, section I or of the Protocol to this Convention. 2. The Commission shall notify all the Contracting Parties of the date of receipt of each notification of acceptance of an amendment to the annex. Articel VIII The Contracting Parties agree to keep as far as practicable all records requested by the Commission and to furnish compilations of such records and other information upon request of the Commission. No Contracting Party shall be required hereunder to provide the records of individual operations. Article IX 1. The Contracting Parties agree as follows: a) With regard to a stock of fish from the exploitation of which any Contracting Party has agreed to abstain, the nationals and fishing vessels of such Contracting Party are prohibited from engaging in the exploitation of such stock of fish in waters specified in the annex, and from loading, processing, possessing, or transporting such fish in such waters. b) With regard to a stock of fish for which a Contracting Party has agreed to continue to carry out conservation measures, the nationals and fishing vessels of such Party are prohibited from engaging in fishing activities in waters specified in the annex in violation of regulations established under such conservation measures. 2. Each Contracting Party agrees, for the purpose of rendering effective the provisions of this Convention, to enact and enforce necessary laws and regulations, with regard to its nationals and fishing vessel, with appropriate penalties against violations thereof and to transmit to the Commission a report on any action taken by it with regard thereto. Article X 1. The Contracting Parties agree, in order to carry out faithfully the provisions of this Convention, to co-operate with each other in taking appropriate and effective measures and accordingly agree as follows: a) When a fishing vessel of a Contracting Party has been found in waters in which that Party has agreed to abstain from exploitation in accordance with the provisions of this Convention, the duly authorized officials of any Contracting Party may board such vessel to inspect its equipment, books, documents, and other articles and question the persons on board. Such officials shall present credentials issued by their respective Governments if requested by the master of the vessel. b) When any such person or fishing vessel is actually engaged in operation in violation of the provisions of this Convention, or there is reasonable ground to believe was obviously so engaged immediately prior to boarding of such vessel by any such official, the latter may arrest or seize such person or vessel. In that case, the Contracting Party to which the official belongs shall notify the Contracting Party to which such person or vessel belongs of such arrest or seizure and shall deliver such vessel or persons as promptly as practicable to the authorized officials of the Contracting Party to which such vessel or person belongs at a place to be agreed upon by both Parties. Provided, however, that when the Contracting Party which receives such notifications cannot immediately accept delivery and makes request, the Contracting Party which gives such notification may keep such person or vessel under surveillance within its own territory under the conditions agreed upon by both of the Contracting Parties. c) Only the authorities of the Party to which the above-mentioned person or fishing vessel belongs may try the offence and impose penalties therefor. The witnesses and evidence necessary for establishing the offence, so far as they are under the control of any of the Parties to this Convention, shall be furnished as promptly as possible to the Contracting Party having jurisdiction to try the offence. 2. With regard to the nationals or fishing vessels of one or more Contracting Parties in waters with respect to which they have agreed to continue to carry out conservation measures for certain stocks of fish in accordance with the provisions of this Convention, the Contracting Parties concerned shall carry out enforcement severally or jointly. In that case, the Contracting Parties concerned agree to report periodically through the Commission to the Contracting Party which has agreed to abstain from the exploitation of such stocks of fish on the enforcement conditions, and also, if requested, to provide opportunity for observation of the conduct of enforcement. 3. The Contracting Parties agree to meet, during the sixth year of the operation of this Convention, to revel the effectiveness of the enforcement provisions of this article and, if desirable, to consider means by which they may more effectively be carried out. Article XI 1. This Convention shall be ratified by the Contracting Parties in accordance with their respective constitutional processes and the instruments of ratification shall be exchanged as soon as possible at Tokyo. 2. This Convention shall enter into force on the date of the exchange of ratifications. It shall continue in force for a period of ten years and thereafter until one year from the day on which a Contracting Party shall give notice to the other Contracting Parties of an intention of terminating the Convention, where upon it shall terminate as to all Contracting Parties. In Witness Whereof, the respective Plenipotentiaries duly authorized, have signed the present Convention. Done in triplicate, in the English and Japanese languages, both equally authentic, at Tokyo this ninth day of May, one thousand nine hundred fifty- two. ANNEX 1. With regard to the stocks of fish in the respective waters named below, Japan agrees to abstain from fishing, and Canada and the United States of America agree to continue to carry out necessary conservation measures, in accordance with the provisions of article V, section 2 of this Convention: a) Halibut (Hippoglossus stenolepis) The Convention area off the coasts of Canada and the United States of America exclusive of the Bering Sea in which commercial fishing for halibut is being or can be prosecuted. Halibut referred to herein shall be those originating along the coast of North America. b) Herring (Clupea pallasii) The Convention area off the coast of Canada in which commercial fishing for herring of Canadian origin is being or can be prosecuted, exclusive of the waters of the high seas north of 51 deg 56 min North Latitude and west of the Queen Charlotte Islands and west of a line drawn between Langara Point on Langara Islands, Queen Charlotte Islands and Cape Muzon on Dall Island in Southeast Alaska. c) Salmon (Oncorhychus gorbuscha, Oncorhynchus keta, Oncorhynchus kisutch, Oncorhynchus nerka, Oncorhynchus tschawytscha) The Convention area off the coasts of Canada and the United States of America, exclusive of the Bering Sea and of the waters of the North Pacific Ocean west of a provisional line following the meridian passing through the western extremity of Atka Island; in which commercial fishing for salmon originating in the rivers of Canada and the United States of America is being or can be prosecuted . 2. With regard to the stocks of fish in the waters named below, Canada and Japan agree to abstain from fishing, and the United States of America agrees to continue to carry out necessary conservation measures, in accordance with the provisions of article V, section 2 of this Convention: Salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus kisutch, Oncohynchus nerka and Oncorhynchus tschawytscha) The Convention area of the Bering Sea east of the line starting from Cape Prince of Wales on the west coast of Alaska, running westward to 168 deg 58 min 22.59 sec West Longitude; thence due south to a point 65 deg 15 min 00 sec North Latitude; thence along the great circle course which passes through 51 deg North Latitude and 167 deg East Longitude, to its intersection with meridian 175 deg West Longitude; thence south along a provisional line which follows this meridian to the territorial waters limit of Atka Island; in which commercial fishing for salmon originating in the rivers of the United States of America is being or can be prosecuted. PROTOCOL TO THE INTERNATIONAL CONVENTION FOR THE HIGH SEAS FISHERIES OF THE NORTH PACIFIC OCEAN The Governments of the United States of America, Canada and Japan, through their respective Plenipotentiaries, agree upon the following stipulation in regard to the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo on this ninth day of May, nineteen hundred fifty-two. The Governments of the United States of America, Canada and Japan agree that the line of meridian 175 deg West Longitude and the line following the meridian passing through the western extremity of Atka Island, which have been adopted for determining the areas in which the exploitation of salmon is abstained or the conservation measures for salmon continue to be enforced in accordance with the provisions of the annex to this Convention, shall be considered as provisional lines which shall continue in effect subject to confirmation or readjustment in accordance with the procedure mentioned below. The Commission to be established under the Convention shall, as expeditiously as practicable, investigate the waters of the Convention area to determine if there are areas in which salmon originating in the rivers of Canada and of the United States of America intermingle with salmon originating in the rivers of Asia. If such areas are found the Commission shall conduct suitable studies to determine a line or lines which best divide salmon of Asiatic origin and salmon of Canadian and United States of America origin, from which certain Contracting Parties have agreed to abstain in accordance with the provisions of article V, section 2, and whether it can be shown beyond a reasonable doubt that this line or lines more equitably divide such salmon than the provisional line specified in sections I (c) and 2 of the annex. In accordance with these determinations the Commission shall recommend that such provisional lines be confirmed or that they be changed in accordance with these results, giving due consideration to adjustments required to simplify administration. In the event, however, the Commission fails within a reasonable period of time to recommend unanimously such line or lines, it is agreed that the matter shall be referred to a special committee of scientists consisting of three competent and disinterested persons, no one of whom shall be a national of a Contracting Party, selected by mutual agreement of all Parties for the determination of this matter. It is further agreed that when a determination has been made by a majority of such special committee, the Commission shall make a recommendation in accordance therewith. The Governments of the United States of America, Canada and Japan, in signing this protocol, desire to make it clear that the procedure set forth herein is designed to cover a special situation. It is not, therefore, to be considered a precedent for the final resolution of any matters which may, in future, come before the Commission. This Protocol shall become effective from the date of entry into force of the said Convention. In Witness Whereof, the respective Plenipotentiaries have signed this Protocol. Done in triplicate at Tokyo this ninth day of May, one thousand nine hundred fifty-two.