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1 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 tothe 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 theworld's oceans and seas, my authorities place great reliance onthe commitment of your authorities to implement the attached pr-oposed agreement. Specifically, the authorities represented byCCNAA are committed (1) to implement fully the regulatory and m-onitoring programs contained in Annexes I and II; (2) to accepteleven AIT scientific observers on board eleven driftnet vesselsfrom the territory represented by CCNAA, in accordance with theprovisions 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 meetingsheld 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 fromyour territory. I understand that AIT and CCNAA scientific obse-rvers will be deployed on vessels in proportion to the fishingeffort 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 tothe 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 representedby AIT, and reserve their rights and privileges under internati-onal law and practice. This agreement should not be understoodto condone the practice of high seas driftnet fishing generallyor as practiced by the vessels from the territory represented byCCNAA. 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, whichprovides: " 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 tothe 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 theworld's oceans and seas, my authorities place great reliance onthe commitment of your authorities to implement the attached pr-oposed agreement. Specifically, the authorities represented byCCNAA are committed (1) to implement fully the regulatory and m-onitoring programs contained in Annexes I and II; (2) to accepteleven AIT scientific observers on board eleven driftnet vesselsfrom the territory represented by CCNAA, in accordance with theprovisions 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 meetingsheld 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 fromyour territory. I understand that AIT and CCNAA scientific obse-rvers will be deployed on vessels in proportion to the fishingeffort 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 tothe 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 withthe 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 representedby AIT, and reserve their rights and privileges under internati-onal law and practice. This agreement should not be understoodto condone the practice of high seas driftnet fishing generallyor as practiced by the vessels from the territory represented byCCNAA. 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 enforceabledocuments to be enforced by appropriate authorities, and that t-he authorities represented by CCNAA take the position that highseas fisheries shall be conducted and managed under the respons-ibility and initiative of the flag state. The primary objectivesof the authorities represented by CCNAA and AIT in reaching theagreement are to minimize the incidental taking of U.S. originanadromous species by the driftnet vessels and to help conserveand utilize marine resources. I would like to further emphasize that the temporary arrangemen-ts, as stated in the Record of Discussion, regarding "Visit andVerification" are based on the universally recognized principleof reciprocity, and that the participators shall respect the ex-clusive jurisdiction of the authorities represented by CCNAA andAIT over their own vessels. Finally, the authorities represented by CCNAA reaffirm the inte-rnational principle of the freedom of fishing on the high seasand 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 metMarch 1821, 1991 to discuss matters pertaining to high seas dri-ftnet fishing activities in the North Pacific Ocean. Both sidesrecognized that driftnet vessel operations in the North PacificOcean 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 toverify compliance with driftnet fishing regulations, shall t-ransmit to the appropriate enforcement personnel of the otherparty 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 personnelof the requesting party to conduct the visit and verification. In those cases where the on-scene enforcement personnel ofthe requesting party find that enforcement personnel of theother party are not immediately present to join in the visitand verification, the enforcement personnel of the requestingparty will initiate the visit and verification. c) The visiting enforcement personnel may verify compliance withdriftnet fishing regulations, remove any anadromous specieson 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 andverification shall take all reasonable measures to ensure aminimum interference to legitimate fishing operations of thedriftnet 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, theenforcement personnel of the two parties shall jointly conti-nue the visit and verification. f) If the enforcement personnel of the other party do not arrivebefore 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 regardingthe disposition of the violations detected. g) When no violation is detected as a result of the verificationactivities, the visiting enforcement personnel shall immedia-tely withdraw from the vessel. h) Both authorities will ensure that the visit and verificationprocedure for driftnet vessels will also apply to all transp-ort vessels. i) The two parties agree that the present arrangements will beeffective 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 PacificⅠ. -FISHING GROUNDS. All driftnet vessels of the territory represented by CCNAA areto 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 allother 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 throughAltitude 36 degrees N April MayAltitude 38 degrees N June Altitude 40 degrees N July Altitude 42 degrees N August Altitude 44 degrees N SeptemberAltitude 46 degrees N OctoberAltitude 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 throughLatitude 20 degrees N April MayAltitude 34 degrees N for large mesh only June Altitude 40 degrees N July Altitude 42 degrees N August Altitude 44 degrees N SeptemberAltitude 46 degrees N OctoberAltitude 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 fishof United States origin. Ⅱ. - TRANSMITTERS. (a) After January 1,1991 no driftnet fishing or transport vesselof the territory represented by CCNAA will be permitted tofish 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 PacificOcean 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-meshgear (less than 18 centimeters). (e) Each driftnet vessel will be assigned an international radiocall sign (IRCS) which is to be displayed amidships on boththe port and starboard sides of the deckhouse or hull, andon a weather deck, in a color in contrast to the backgroundand permanently affixed o the vessel in block roman alphabetletters 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 fromdiscarding used or damaged driftnets and related gear whileat sea. Such fishing equipment is to be stowed on the vesseland returned to port for proper disposal upon completion ofthe vessel's voyage. The location, date, and amount of lostfishing gear must be reported to the appropriate authoritiesrepresented by CCNAA. (g) All marine resources harvested by driftnet vessels of the t-erritory represented by CCNAA must be landed or, in the caseof tuna shipments to Thailand, thoroughly inspected, in por-ts of the territory represented by CCNAA, with the exceptionof 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 groundsmay 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 carryon 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 monitorlandings of all driftnet vessels at all pertinent ports in the territory represented by CCNAA. B. Cooperative Program between Authorities Represented by CCNAAand 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 rawtransmitter data shall be kept confidential within the auth-orities represented by AIT. (c) The authorities represented by CCNAA will be responsible forthe cost of purchasing and operating the transmitters, andof data transmission. The authorities represented by AIT wi-ll ensure that the authorities represented by CCNAA receivethe benefit of any cost savings which would be available tothe authorities represented by AIT. The authorities represe-nted by AIT will assist the authorities represented by CCNAAin 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 AITrepresentative concerning prior permission for the voyage ofa tuna or squid transport vessel to carry on transshipmentat 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 beconducted by personnel of the authorities represented by CC-NAA, both dockside and at sea within and beyond the fishingarea 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 authoritiesrepresented by AIT on enforcement cruises conducted by the authorities represented by CCNAA; (2) participation by enforcement observers of the authoritiesrepresented by CC NAA onenforcement patrols conducted by the authorities represented by AIT. (c) The authorities represented by CCNAA intend to continue toutilize, to the maximum extent, the information supplied byAIT 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 tobe as clear as possible, and/or with reliable information ofsighting positions. Ⅴ. - DEPLOYMENT OF PATROL VESSELS. (a) For the 1991 fishing season, the number of dedicated patrolvessels of the territory represented by CCNAA will be maint-ained at three so that the total vessel-days will be 310 toensure 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 maintainedcomparable to that during the same period of 1991 unless vi-olations indicated otherwise. (b) CCNAA shall provide AIT with planned enforcement activitiesbefore the fishing season begins and annual reports on thepatrols conducted, boardings made, violations detected, andpenalties assessed by enforcement personnel of the authorit-ies represented by CCNAA at the conclusion of each fishingseason. 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 theauthorities represented by AIT on this matter. The authoritiesrepresented 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 alsoreview 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 operationof the cooperative program, so as to assure that its objectivesmay 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 statisticallyreliable data on the catch of target and non-target species in1991 by all drif2net fisheries of the territory represented byCCNAA in the North Pacific Ocean, CCNAA has initiated and willfollow 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 ScientificObserver 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 behalfof CCNAA shall exchange the names of their coordinators and thecontact procedures for implementing thisprogram by April 1,1991. Ⅰ. Observer Deployment A. Number of Observers to be Deployed During 1991, 11 AIT scientific observers will be deployed aboard11 commercial driftnet vessels of the territory represented byCCNAA throughout the drifnet fishing area and observe 45 set andretrieval operations on each vessel, and 9 CCNAA scientific obs-ervers will be deployed on 9 commercial driftnet vessels of theterritory represented by CCNAA and observe 60 set and retrievaloperations on each vessel. The deployment of such observers onvessels 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 inTable 1. Table 1. Deployment of Scientific Observers during any one monthand estimated number of observed operations during 1991. ────────────────────────── month ──────────────────── AuthoritiesMayJuneJulyAugSeptOctTotal ────────────────────────── AIT 2 23 22 011 CCNAA 2 22 21 0 9 Estimated Number of Observed Operations*95 212245 245190481035 ────────────────────────── * These numbers exclude transit time to and from the fishing gr-ounds. B. Host Vessels and Embarkation and Debarkation of Observers1. Vessels: The DOF on behalf of CCNAA shall provide to the NMFSa 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 , typeof 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 withthe allocation of observer effort specified in Table 1. The DOFon behalf of CCNAA shall notify the NMFS of the itineraries ofeach host vessel as soon as possible and at least 15 days priorto embarkation. When the list of the commercial driftnet vessels that will hostAIT scientific ob-servers is provided by April 15, 1991, to theNMFS, 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 authoritiesrepresented by CCNAA of each host driftnet and transport vesseldemonstrating their safety and seaworthiness; and (3) schedulesof the dates and locations for the authorities represented by C-CNAA and AIT to conduct pre-cruise meetings aboard host driftnetvessels in the territory represented by CCNAA, as specified insection 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 arrangefor 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 leavingport. 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 onland. The AIT scientific observers shall arrive at port at leasttwo 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 notbe available to embark on a host vessel for which adequate noti-ce of the vessel's itinerary has been provided as specified inparagraph 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 ofCCNAA shall assist in arranging debarkation via ships of opport-unity after the AIT observer has oh-served 45 operations on thehost commercial fishing vessel. All reasonable efforts will bemade to ensure that observers transferring to a transport vesselafter 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 dueto such incidents as accident or mechanical trouble, the DOF onbehalf of CCNAA shall find a substitute vessel and transfer theAIT 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 rulesof 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 ahost vessel shall pay due attention to ensure the safety of theobservers, especially during transfer of the observers betweenvessels 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 carrya minimum capacity of 400 Kg, and the observer is to be accompa-nied by a vessel crew-member. Observers are to wear U.S. CoastGuard 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 withall relevant safety equipment to ensure the safety of the vesselpersonnel and observers at sea. B. Observer Need and Assistance The DOF on behalf of CCNAA shall arrange for the host vessel toprovide 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 scientificobservers in the procurement of standard biological supplies asmay 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 thecrew 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 equipmentto determine vessel position during set and retrieval operationsand 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 inthe 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 checklistof ob-server duties will be presented and explained. The masterwill sign the document attesting to his understanding and agree-ment of the observer's duties on his vessel. AIT observers willnot be embarked on host vessels that have not conducted a precruise visit and meeting. AIT observers will be afforded treatment equivalent to that of aship's officer while on board. The NMFS on behalf of AIT shall prepare for each host vessel aposter explaining scientific observer functions and a letter ofintroduction for each observer in Chinese. The DOF on behalf ofCCNAA shall educate the driftnet industry about the scientificobserver program and distribute the literature prepared by theNMFS 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 bepermitted 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 observerswill be trained in the use of marine HF-SSB radio use. The hostvessel 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 followingprocedures: Communications from AIT observers aboard CCNAA vessels authoriz-ed to communicated with U.S. stations shall be transmitted fromthe 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 cannottransmit directly to U.S. stations shall be transmitted from thehost 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 theNMFS 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 fishingoperations. 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 ofCCNAA for food and lodging on each of the observed host driftnetvessels at U.S. $10 per observer per day. The observers will pr-ovide their own bedding and personal articles. The authoritiesrepresented by CCNAA will make every effort to ensure that AITscientific observers will be given officer's lodgings. The qual-ity of food for AIT observes will be the same as that of ship'sofficers. The NMFS on behalf of AIT shall reimburse the DOF onbehalf 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 scientificobserver is at sea. The NMFS on behalf of AIT and DOF on behalfof 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 paragraphII(D) for food and lodging. Itemized invoices for reimbursement shall be sent for payment ona quarterly basis to NMF via AIT. All invoices for 1991 shall besubmitted to the NMFS by February 1, 1992, and shall be paid byApril 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 onbehalf of CCNAA shall immediately inform the U.S. Coast Guard a-nd/or the NMFS observer program coordinator on behalf of AIT ofany 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 ofthe net from the water surface, total net depth from corkline tolead 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 pernet set, and units of net lost or discarded, description of netmaterials, number of driftnet vessels fishing in an array and n-umber of such arrays in the area (as determined from the radioofficer'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 ofthe 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, includingtarget 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 willbe 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 andsex 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 tothe water in compliance with regulations of the authorities rep-resented by CCNAA. Carapace measurements will be taken wheneverfeasible. Whenever conditions permit, turtles taken alive willbe freed from net and net fragments, tagged by the observer, andreleased. 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 bythe 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 specimensor 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 onmarine mammals will be exchanged by the authorities by April 1,1992. 10. Observers will record biological information and collect bi-ological samples from marine birds incidentally caught. The datawill 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. Onewhole specimen of each species may be retained and frozen as avoucher specimen by each observer. All marine bird data will beexchanged 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 suchas location, environmental conditions, species sighted, numberof animals sighted, distance from the vessel, etc. Such sightingactivity is not to alter the course or interrupt in any way thenormal 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 Kaohsiungat the end of the cruise. CCNAA shall notify AIT Kaohsiung whenthe specimens will be available at the dock. Observers will alsobe allowed to transfer specimens and return them to port on thetransport vessels. Vessels used to transport observers will ma-ke all reasonable efforts to provide freezer space necessary toaccommodate observer specimen materials. 13. On a daily basis, the vessel captain will provide to the ob-server information on the quantities of albacore, other speciesof tuna, swordfish, marlin, and sharks retained by the host ves-sel and the quantities discarded. Information on the quantitiesretained 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 operationof the host vessel, observers may collect data to determine thesize composition of albacore or other species discarded by thevessel, the size composition of those retained by the vessel, a-nd the relative weights of whole fish and the various processedforms. Guidelines for size composition sampling are described inthe official field manual. 14. The DOF shall assist in making arrangements for the exportpermits required to ship samples to the United States. Observe-rs will contact NMFS, Seattle, or AIT/Kaohsiung and relay theirspecimen list during transit back to Taiwan so that permits areready 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 astandardized format. The NMFS on behalf of AIT shall assist theDOF 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 providingobserver manuals to the DOF. Scientists from the CCNAA observerprogram 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 trainingteam to the territory represented by the CCNAA in early 1991for a week to assist the CCNAA observer program. All expenses ofthe 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 byApril 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 collectionprocedures 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 providethese 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 CCNAAor AIT scientific observer returns to port. Ⅳ. Data Exchange and Reporting A. Data Exchange Total fishing effort and the total catch in numbers of animalsand in metric tons of the squid and large-mesh driftnet fleetswill 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 areto 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 arealso 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 fishingand vessel days of operations. B. Reporting 1. Data reporting will be made by the representatives of CCNAAand AIT according to the following schedules: (a) For the driftnet observer programs, appropriate authoritieswill jointly compile by April 1,1992 a preliminary data setof average catch rates collected by CCNAA and AIT scientificobservers 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 preliminarydata 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 1991will be jointly produced by the appropriate representativesby May 1, 1992. The preliminary data sets and the final rep-ort will include data collected on the catch and by catch ofall species. If there are disagreements between the coopera-ting authorities pertaining to the data sets or reports, thedifferences 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 andAIT scientific observers shall not be opened to the public untiltheir completion as specified in Section IV(B)(l)(b). V. Research Coordination 1. Recognizing that the authorities represented by AIT and CCNAAconducting research programs relevant to the interpretation ofdriftnet 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 driftnetfisheries; (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 forthe 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 theNMFS on behalf of AIT. 3. Reports of results of other research related to the high seasdriftnet programs will be exchanged by the DOF on behalf of CCN-AA and the NMFS on behalf of AIT upon completion.