Agreement between the Government of the United States of America and the Polish People's Republic concerning fisheries o...

    Front Cover
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        Page ii
    Table of Contents
        Page iii
        Page iv
    Letter of transmittal
        Page 1
        Page 2
    Message from the president
        Page 3
        Page 4
    Letter of submittal
        Page 5
        Page 6
    Text of the agreement
        Page 7
        Page 8
        Page 9
        Page 10
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        Page 13
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        Page 20
        Page 21
        Page 22
    Agreed minutes
        Page 23
        Page 24
        Page 25
        Page 26
    Additional correspondence concerning port privileges
        Page 27
        Page 28

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94th Congress COMMITTEE PRINT
2d Session C


AGREEMENT

BETWEEN THE

GOVERNMENT OF THE
UNITED STATES OF AMERICA

AND THE

POLISH PEOPLE'S REPUBLIC
CONCERNING FISHERIES OFF THE
COASTS OF THE UNITED STATES


SUB3ITrED TO TIHE CONGRESS

PURSUANT TO THE FISHERY CONSERVATION
AND MANAGEMENT ACT OF 1976


PREPARED AT THE REQUEST

OF

HoN. WARREN G. M1AGNUSON. Chairman


FOR THE USE OF THE

COMMITTEE ON COMMERCE


OCTOBER 1976


~.,
4
/


U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1976


77-956


A


































COMMITTEE ON COMMERCE

WARREN G. MAGNUSON, Washington, Chairman


JOHN 0. PASTORE, Rhode Island
VANCE HARTKE, Indiana
PHILIP A. HART, Michigan
HOWARD W. CANNON, Nevada
RUSSELL B. LONG, Louisiana
FRANK E. MOSS, Utah
ERNEST F. HOLLINGS, South Carolina
DANIEL K. INOUYE, Hawaii
JOHN V. TUNNEY, California
ADLAI E. STEVENSON, Illinois
WENDELL H. FORD, Kentucky
JOHN A. DURKIN, New Hampshire


JAMES B. PEARSON, Kansas
ROBERT P. GRIFFIN, Michigan
HOWARD H. BAKER, JR., Tennessee
TED STEVENS, Alaska
J. GLENN BEALL, JR., Maryland
LOWELL P. WEICKER, JR., Connecticut
JAMES L. BUCKLEY, New York


MICHAEL PERTSCHUK, Chief Counsel
S. LYNN SUTCLIFFE, General Counsel
JAMES P. WALSH, Staff Counsel
MALCOLM M. B. STERRETT, Minority Counsel
GERALD J. KOVACH, Minority Staff Counsel
(II)






























CONTENTS

Page
Letter of transmittals.- 1
Message from the President--3
Letter of submittal from the Department of State-5
Text of the agreement--7
Additional correspondence concerning port privileges_--------------------27
(I)




















Digitized by the Internet Archive
in 2013














http://archive.org/detaiIs/agrbepoli00unit












LETTER OF TRANSMITTAL


U.S. SENATE,
COMMITTEE ON COiMErm('E,
IWashington, D.C., October 5 1.976.
DEAR COLLEAGUE: The President has just sent to Congress the
first agreement with a foreign nation governing fishing by that na-
tion's fishing vessels ithin our newly established 200mile fishery
conservation zone.
For Congress, this marks a new era in fisheries policy. The legisla-
tion which created the new fishery conservation zone alo spefled out
oversight procedures for Congressional review of all executive atgree-
ments covering fishing for fish subject to U.S. jurisdiction.
The governing international fishery agreement contained h rein is
the first in this new era. I urge you to give clo(e consolidation to its
provisions and circulate it widely among others interested in the pro-
tection of our fisheries.
I wish to emphasize that this document has neither been approved,
disapproved, nor considered by the Committee on Commerce.
WARREN G. \IAGNUSON,
Chairman.
(1)














MESSAGE FROM THE PRESIDENT


THE WHITE tIOUSE,
September iG, 1976"
To the Congress of the United States:
In accordance with the Fishery Conservation and Management
Act of 1976 (Public Law 94-265; 16 U.s.c. 1501), I transmit here-
with a governing international fishery agreement between the United
States and the Polish People's Republic, signed at Warsaw on Au-
gust 2, 1976.
This agreement is significant because it is the first to be negotiated
in accordance with that legislation. I recommend the Congress give
favorable consideration to this Agreement at an early date. I further
recommend that, in the event 60 days of continuous session as re-
quired by the legislation are not available before March 1, 1977, the
Congress consider issuance of a joint resolution in order to bring this
Agreement into force by that date.
GERALD R. FORD.


(3)















LETTER OF SUBMITTAL


DEPARTMENT OF STATE,
WaIUh;ngton I).C., Augu.st f1, 1,976.
The PRESIDENT,
The White -ouse.
THE PRESIDENT: I have tle honor to submit a governing inter-
national isheries agreement between the United States and the
Polish People's Republic, signed at Warsaw on August 2, 1976 for
transmittal to the House of Representatives and to the Senate.
This governing international fiery agreement is the first to be
negotiated since the passage of legislation creating a 200-mile fishery
conservation zone for the United States beginning iMar 1, and
in all material respects is in accordance with that legi-lation. It sets
out the principle that will govern Polish fishing for fim;heries over
which the United States exercises management authority; and it
provides that Poland nav apply for permits to fish an allocation of
that portion of the allowable catch of a specific fishery that will not
be harvested by United State-, fishing vessels.
Section 20'3(a) of The Fishery Conservation and X\!anagement Act
of 1976 (P.L. 94-265; 16 USC 1801) provides as follows with respect
to transmission to the Congress:
(a) Ix GEER-AL.-NO governing international filhery agree-
ment shall become effective with respect to the United States
before the close of the first 60 calendar days of continuous
session of the Conress after the (late on which the President
transm-ts to the House of Representatives and to the Senate a
document setting forth the text of such governing international
fishery agreement. A copy of the document shall be delivered to
each House of Congress on the same day and shall be delivered
to the Clerk of the House of Representatives, if the Hou-se i-, not
in season, and to the Secretary of the Senate, if the Senate is not
in session.
I recommend the enclosed Agreement be transmnitted to the Senate
and the House of Representatives as quickly as possible with the
request that a joint resolution be i-upd in the event that 60 calendar
days of continuous -session as required by the legilation may not be
available before March 1, 1977, in order that the Agreement may be
brought into force by that date.
Respectfully submitted.
CHARLES V. ROBINSON.
Enclosure:
(5)


77-956-76- 2















TEXT OF THE AGREEMENT


AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF THE POLISH PEOPLE'S
REPUBLIC CONCERNING FISHERIES OFF THE COAST OF THE UNITED
STATES
The Government of the United States of America and the Govern-
nient of the Polish People's Republic
Considering their common concern for the rational management,
conservation and optimum utilization of fish stocks off the coasts of
the United States;
Acknowledgtig the fishery management authority of the United
States as set forth in the Fishery Conservation and Manage uent
Act of 1976;
Hawing regard for the discussions of the Third United Nations
Conference on the Law of the Sea regarding coastal state rights
over fisheries off its coasts;
De.'iro~ts of establishing reasonable terms and conditions pertaining
to fisheries of mutual concern over which the United States exercises
fishery management authority; and
Recalling their Agreement Regarding Fisheries in the Northea-stern
Pacific Ocean off the Coast of the United States, and the principles
set forth therein anticipating legal and jurisdictional changes in the
regime of fisheries management;
Having agreed as follows:
ARTICLE I
The purpose of this Agreement is to ensure effective conservation,
optimum utilization and rational management of the fisheries of
mutual interest off the coasts of the United States and to establish a
common understanding of the principles and procedures under which
fishing may be conducted by Polish nationals and vessels for the living
resources over which the United States ex rcises fishery management
authority as provided by United States law.
ARTICLE II
As used in this Agreement, the term-
1. "living resources over which the United States exercises fishery
management authority" means all fish within the fishery conservation
zone of the United States except highly migratory species, all anad-
romous species of fish that spawn in the fresh or estuarine waters of
the United States and migrate to ocean waters, throughout their
migratory range, and all living resources of the continental shelf
appertaining to the United States;
2. "fish" means all finfish, molluscs, crustaceans, and other forms of
marine animal and plant life, other than marine mammals, birds and
highly migratory species;
(7)







'. s an--
a. one or more stocks of fish that can be treated as a unit for
purposes of conservation and management and that are identified
on the basjs of geographical, scientific, technical, recreational and
economic characteristics; and
b. any fishing for such stocks;
4. fisherv conservation zone" means a zone contiguous to the terri-
torial sea of the United States, the seaward boundary of which is a
line drawn in such a manner that each point on it is 200 nautical
miles from the baseline from which the breadth of the territorial sea
of the United States is measured;
5. "fishing" means-
a. the catching, taking or harvesting of fish;
b. the attempted catching, taking or harvesting of fish;
c. any other activity that can reasonably be expected to result
in the catching, taking or harvesting of fish; or
d. any operations at sea directly in support of, or in prepara-
tion for, any activity described in sub-paragraphs a. through c.
above, provided that such term does not include other legitimate
uses of the high seas, including any scientific research activity
conducted by a scientific research vessel;
6. "fishbingvessel" means anv vessel, boat, stip or other craft that
is used for, equipped to be used for, or of a type that is normally
used for
a. fishing: or
b. aiding or assisting one or more vessels at sea in the per-
formance of any activity relating to fishing, including preparation,
supply, storage, refrigeration, transportation or processing;
7. "highly igratory species" means species of tuna which in the
course of their life cycle, spawn and migrate over great distances in
waters of the ocean;
S. "marine maimals" means any mammal that is morphologically
adapted to the marine environment, including sea otters and members
ofithe orders Sirenia, Pinnipedia, and Cetacea, or primarily inhabits
the marine environment such as polar bears.

ARTICLE III
1. The Govement of the United States is -illing to allow access
for Polish fishing vessels to harvest, in accordance with conditions
and restrictions to be established in permits issued under Article VI,
an allocation of that portion of the allowable catch for a specific
fishery that will not be harvested by United States fishing vessels.
2. rhe Government of the United States shall determine each year,
subject to such adjustments as may be necessitated by unforeseen
circumstances affecting the stocks.
a. the total allowable catch for each fishery on the basis of the
best available scientific evidence, taking into account the inter-
dependence of stocks, internationally accepted criteria, and all
other relevant factors;
b. the harvesting capacity of United States fishing vessels in
respect of each fishery;
c. the portion of the total allowable catch for a specific fishery
that, on an annual basis, will not be harvested by United States
fishing vessels; and








d. the allocation of >uicli portion that can be i, bIe a iLble to
qualifying Polish fishing vessels.
In implementation of paragraph 2. d. of tlhi- A i Un
States shall determine each year the mneasuire- iie,:->ar; o j)rev(lt
overfislig while iiona
from each fishery. Such iieasure may include. Hft' <}<,
a dlesi$ZnatedA areas where, and period whlii, ili: _.li}all b)e
Jpernitted, hiited, or co IdItel only by- -1y, iitd I of ji-1-
in ves.sels or with.pefied tylpe and! qia*lt ,i' t-.lyec _Z,,,r;
1). liiitation'- ol the c(-t(h of flish bas-ed ow a';' -
number, w -1)t-, x I, in ide l :1" cath tot ai lilt a -- or ,) ler
factors;
C. liiqitatins on thenui itiber and types of fl,. j,:j v:-- e1 1tat
may ew'a e in fi-hin i and or on the numnler ,f (li s ebi v,-(
or the total fleet na eii (IIi-'azin fiThing in a 4,:,iuvd ae'z wit tin
the fishery eo servat n zone or for a >peciltd fi-herv-
d. reqtiremnents as to the ty-pe-s of gear th N, ". or iia.v-ot.
be eniployed
e. requirements de'-i' ed to fa iitate elfoP' toIM l s'ch '11-
ditions and restriction. including l the nai 0te:ace (4 &)DrOpr1. e
position-fixinigr an(1 i(lentification equipment.
4. The Govern.ment of the ntlite1>tates -ha1l ,oIfV the Govern-
ment of Poland of the deterlninations provided for ,:- htli- Article on
a timely basis.
ARTICLE IV
In determining the portion of the turpliih, that inay ie miade a v.ail-
able to Polish vessels, and vesels of other counirie th Go;ernent
of the United States will promote the objective of optimn utiiza-
tion, taking into account, ;ett alla, traditional ni-hi-, if any, con-
tributions to fishery research and the identification o -.-ock-,i pre0vious
cooperation in enforcement, previous cooperation with respect to
conservation and management of fi-hery resource of ,init ual concern,
and the need to minimize economic dislocation in caes where vessels
have habitually fished for living resources over whiLh the United
States now exercises fishery manaaemnent authority.

ARTICLE V
The Governnent of Polasd shall take all nece-ssary i.re-- to
ensure:
1. that Polish nationals and vessels refrain from fisUing for living
resources over which the United States exercise fis.hery management
authority except as authorized pursuant to this Areeinent;
2. that all such vessels so authorized comply with tle Jrov11on-
of permits issued pursuant to this Agreement and app ieabte 1aws of
the United States; and
3. that the total allocation referred to in Article 1II, ljarraaIph 2. d.
of this Agreement is not exceeded for any fishery.

ARTICLE VI
The Government of Poland may submit an appication to the
Government of the United States for a permit for eachi Polish fi-hing








vessel that wishes to engage in fishing in the fishery conservation zone
pursuant to this Agreement. Such application shall be prepared and
processed in accordance with Annex I to this Agreement, which shall
constitute an integral part thereof. The Government of the United
States may require the payment of reasonable fees for such permits.
ARTICLE VII
The Government of Poland shall ensure that Polish nationals and
vessels refrain from harassing, hunting, capturing, or killing, or
attempting to harass, hunt, capture or kill, any marine mammal within
the United States fishery conservation zone, except as may be other-
wise provided by an international agreement respecting marine mam-
mals to which the United States is a party, or in accordance with
specific authorization for and controls on incidental taking of marine
mammals established by. the Government of the United States.

ARTICLE VIII
The Government of Poland shall ensure that in the conduct of the
fisheries under this Agreement:
1. the authorizing permit for each Polish vessel is prominently dis-
played in the wheelhouse of such vessel;
2. appropriate position-fixing and identification equipment, as
determined by the Government of the United States, is installed and
maintained in working order on each vessel;
3. designated United States observers are permitted to board, upon
request, any such fishing vessel, and shall be accorded the equivalent
rank of ship's officer while aboard such vessel, and, further, the Govern-
nent of the United States shall be reimbursed for the costs incurred
in the utilization of observers;
4. agents are appointed and maintained within the United States
possessing the authority to receive and respond to any legal process
issued in the United States with respect to a vessel owner or operator
for any cause arising out of the conduct of fishing activities under this
Agreement; and
5. all necessary measures are taken to ensure the prompt and
adequate compensation of United States citizens for any loss of, or
damage to, their fishing vessels, fishing gear or catch that is proxi-
mately caused by any Polish fishing vessel.

ARTICLE IX
1. The Government of Poland shall take such measures as may be
necessary to ensure that each Polish vessel authorized to fish pursuant
to this Agreement, and any other Polish fishing vessel that engages in
fishing for living resources subject to the fishery management authority
of the United States, shall allow and assist the boarding and inspection
of such vessel by any duly authorized enforcement official of the United
States, and shall cooperate in such enforcement action as may be
undertaken pursuant to the laws of the United States.
2. In cases where a Polish fishing vessel has violated a provision of
this Agreement or a provision of a permit issued pursuant thereto, the
Government of the United States shall immediately notify the








Government of Poland through diplomatic channels of the facts and
the action taken.
3. Both Governments agree to the continuation of the U.S.-Polish
Fisheries Board created by Annex I of tie Agreernent Between the
Government of the United States of America and the Government of
the Polish People's Republic Regarding Fisheries in the Western
Region of the Niddle Atlantic Ocean, signed in Washington, May 29,
1975, as amended, and as set forth in Annex It of this Agreement.
Annex I[ of this Agreement forms an integral part of this Agreement.
ARTICLE X
1. The Government of the United States will impose appropriate
penalties, in accordance with the laws of the Uiiited States, on Polish
vessels, or their owners or operators, that violate the requirements of
this Agreement or of any permit issued herunder.
2. In cases of arrest of a Polii fishing vessel, the economic loss
encountered by the vessel and crew because of lost filing time shall be
minimized through prompt release of the vessel and crew upon the
posting of reasonable bond or other security.
ARTICLE XI
The Government of Poland undertakes to cooperate with the Gov-
ernment of the United States in the conduct of scientific research
required for the purpose of inanaging amlI conserving living resources
subject to the fi'herv management authority of the United States,
including the comp)ilation of the best available scientific information
required for the management atid conservation of stocks of mutual con-
cern. The competent agencies of the two Governments shall enter into
such arrangements as may be necessary to facilitate such cooperation,
including the exchange of information and scientists regularly sched-
uled meetings between scientists to p)rel)are research plans and review
progress, and the implementation and maintenance of a standardized
system for the collection and archiving of relevant statistical and bio-
logical information in accordance with the procedures in Annex III,
which constitutes an integral part of this Agreement.

ARTICLE XII
The Government of the United States and the Government of
Poland shall carry out periodic bilatlralc oisult nations regarding the
implementation of this Agreement and the (levelopinent of further
cooperation in the field of fisheries of mutual concern, including the
establishment of appropriate inultilatera orgaiuzations for tle collec-
tion and analysis of scientific data resi)ecting such fisheries.

ARTICLE XIII
The Government of the United States undertakes to authorize
Polish fishing vessels allowed to fish l)ulsllallt to t'is Agreement to
enter desimated ports in accordance with Ulit(d States laws for the
purpose of p)urchasiug bait, su))lies, or outfit or effecting repairs, or
for such other purposes as may be authorized.








ARTICLE XIV
Should the Government of the United States indicate to the Govern-
ment of Poland that United States nationals and vessels wish to engage
in fishing in the fishery conservation zone of Poland, or its equivalent,
the Government of Poland will allow such fishing on the basis of
reciprocity and on terms not more restrictive than those established
in accordance with this Agreement.
ARTICLE XV
Nothing contained in the present Agreement shall prejudice the
views of either Government with respect to the existing territorial or
other jurisdiction of the coastal State for all purposes other than the
conservation and management of fisheries.

ARTICLE XVI
1. This Agreement shall enter into force on a date to be mutually
agreed by exchange of notes, following the completion of the internal
procedures of both Parties, and shall remain in force until July 1, 1982
unless terminated sooner by either Party after giving written notifi-
cation of such termination one year in advance.
2. This Agreement shall be subject to review by the two Govern-
ments two years after its entry into force or upon the conclusion of a
multilateral treaty resulting from the Third United Nations Confer-
ence on the Law of the Sea.
IN WITNESS WHEREOF, the undersigned, being duly authorized
for this purpose, have signed this Agreement.
DONE in Warsaw, August 2, 1976, in duplicate, in the English and
Polish languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA,

FOR THE GOVERNMENT OF THE POLISH PEOPLE'S REPUBLIC,












ANNEX I-APPLICATION AND PERM MIT PROCEI 1_ hIES
The following t)rocedlires shall govern the apli4ati( fr a ld
issuance of annual perinits authorizing Poli-Ji ves-el-, t! i ,re il
fishing for living resources over which the United Sta!l'- xr,' '
fishery management authority
1. The Government of Poland may illbViit an To li di, ,! ,( ie
Government of the United States for car:h Poli'if flsint v' l idat
wishes to engage in fishing pursuant to this Azreeinit. >;1 n appiea-
tion shall be made on forms provided bY th Goonfet o ti
United States for that purpose.
2. Any such application shall specify:
a. the name and official number or other identificaiion of each
fishing vessel for which a permit is sought, together wi!ti K e naime
and address of the owner and operator thereof;
b. the tonnage, capacity, speed, processing equipment, type :alld
quantity of fishing gear, and such other information relatinog to
the fishing characteristics of the vessel a- may be rjequckted;
c. a specification of each fishery in which each vessel wis.ihes i o
fish;
d. the amount of fish or tonnage of catch by spei, contein-
plated for each vessel during the time such permit i in, force;
e. the ocean area in which, and the season or periot dtiring
which, such fishing would be conducted;
f. such other relevant information as may be requestdI. inclid-
ing desired transshipping areas.
3. The Government of the United States shall review eac applica-
tion, shall determine what conditions and restrictions to "' tiJi
management and conservation may be needed, and what fee will be
required. The Government of the United States ,.1 inforni the
Government of Poland of such determinations.
4. The Government of Poland shall thereupon notify the Govern-
ment of the United States of its acceptance or rejection of such
conditions and restrictions and, in the case of a rejection. of it .; obje -
tions thereto.
5. Upon acceptance of the conditions and restriction by the Giov-
emiment of Poland and the payment of any fee., the oVerlnment
of the United States shall approve the application and issue a periit
for each Polish fishing vessel, which is thereupon authorized to fish
in accordance with this Agreement and the terms and conditions 4et
forth in the permit. Such permits shall be issued for a specific ve- de
and shall not be transferred.
6. In the event the Government of Poland notifies the Government
of the United State., of its objections to specific conditions and re-
strictions, the two Governments may consult with respect thereto and
the Government of Poland may thereupon submit a revised
application.
7. The procedures in this Annex may be amended bw agreement
through an exchange of notes between the two Governments
(13)















ANNEX II-AMERICAN-POLISI I FISIIERIES BOARD
SECTION I
Establishment of the Board
1. There is hereby established an American-Polish Fislerie> B ; a rd
(hereinafter called the Board).
2. The Board shall consist of four members, two ai)Ojnte d1) v tthe
Government of the United States of America and two app)ointedt l)b
the Government of the Polish People's Republic. At last one of the
two members appointed by each Government shl lhave KnOW,,,e
of the general principles of international law, j)articul,arly tho-e
relating to fisheries natters. Each Governiment-appointed TI'eml her
shall serve as an instructed representative of the appointingG o,'. cii-
ment. It is the responsibility of each Government to maintain it ful
complement of members.
3. Each Government may appoint one non-voting technical adN-i-(r
to the Board for each matter heard.
4. All decisions of the Board shall be undertaken unanimousiv by
those members present and voticr, so long a> at leat one mcmbhr
appointed by each Government is present.
5. The Board shall normally sit in New York, New York. Ino far
as is necessary considering the location of the parties and the avail-
ability of evidence, the Board may sit elsewhere.
6. English and Polish shall be the official working languages of the
Board. The Governments shall assist the Board in arranging for
necessary translations and interpretations.
7. As used in this Annex, the term "national" refers to any ve- el
or person, natural or juridical, including but not iimfited to a govern-
mental entity.
SECTION II
Conciliation Fanctions
1. The Board shall consider claims advanced by a national of e;Ti:r
State against a national of the other State regarding financial l
resulting from damage to or loss of the national's fishing vessel or
fishing gear.
2. No claim mav be brought more than six months after the occur-
rence of the relevant incident. unless the Board decides unanimou-Iv
to make an exception for a specific incident occuring during the six
weeks prior to the entry into force of the Agreement.
SECTION III
Conciliation Procedures
1. The Board shall establish its procedures in accordance with thi;
Annex.
2. A claim, as referred to in Section II above, shall be brought before
the Board by a written request. The request shall be in the form of a
sworn statement which shall include, inter alia, a detailed account of
the incident from which the claim arises, the identity of all persons
(15)








and vessels involved, the renedy sought (damages claimed), and a.
list of potential witnesses knowledgeable about the incident. All
appropriate documentary evidence supporting the claim shall be
forwarded with the claim to the Board.
3. Upon receipt of a claiin, the Board shall, as soon as practicable,
commence an inquiry into the incident, and inform both Governments.
Each Government shall immediately notify any of its nationals against
whom a claim is made. Its nationals may in turn file with the Board a
sworn statement responding to the claim, The response may contain
a counterclaim insofar as the counterclaim arises from the same inci-
(lent upon which the claim is based. A counterclaim shall be in the
same form and contain the saen information as a claim. The Board
may join claims that arise from the same incident, without prejudice
to the right of each party to present evidence with or without counsel.
4. The Board may request further information and documents from
the parties to the dispute or from appropriate g overnmental agencies.
All statements, reports, or other documents presented to the Board
shall be duly sworn and attested as to their authenticity, insofar as
reasonably possible. Official Government reports and documents need
not be so authenticated.
5. If either the claimant or the respondent requests a hearing, or if
the Board deems it desirable to hold a hearing, the Board shall convene
a hearing regarding the incident. The claimant and respondent may
appear at the hearing, personally or through a representative, with or
without counsel, and may present witnesses. The Board may invite as
a witness any person, organization, corporation or other entity which
has a direct interest in or knowledge of the matter. The claimant and
respondent shall be permitted to question all persons testifying at the
hearing, provided that no person shall be required to respond to any
question.
6. The Governments will facilitate the work of the Board.
SECTION IV
Conciliation Report
1. The Board shall prepare a report containing its findings as to:
--. the facts giving rise to the claim;
b. the extent of damage or loss;
c. the degree of respondent's or claimant's responsibility, if
any; and
d. the amount, if any, which should be paid by respondent or
claimant as compensation for losses arising from the incident.
2. If the Board does not unanimously adopt the findings, this shall
be stated in the report, and the report shall contain separate state-
ments of each Board member's opinion.
3. The Board shall transmit its report to the claimant, to the
respondent, and to each of the two Governments no later than sixty
days after the completion of the procedures under Section III.
4. Within thirty days after receipt of the Board's report, either the
claimant or the respondent may request in writing that the Board
reconsider its report. The request shall set forth the reasons for the
request and material substantiating the request. The Board may
decide to reconsider its report and, if it deems appropriate, reciev.
new evidence or convene a rehearing, or both. Section III procedure,
will be applicable to the reconsideration.







The two Governinents ulndertake to become'( settlement of
claims in accordance with the findings of the Board.
6. Within sixty days of receipt of the Board's report each Govern-
ment shall report to the Board in writing the actions taken by itV
nationals pursuant to the Board's findings.
7. If one of the parties to a conciliation procceling ref.ie to settle
in accordance with the findings of the Board, the Board shall encourage
the parties to submit their dispute to binding arbitration.
8. The Board's report and the report of each Governln(-nt shall be
published in the form agreed by the tBoar(l.
SECTION V
Use of the Board
The two Governments shall encourage their nationals to u-e in
the first instance the Board to settle claims reulting from damage
to or loss of fishing gear and vessels. The Governnents shall give
information about the Board to interested persons.

SECTION VI
Applicable Law
In all proceedings under this Annex the Board shall apply:
1. international conventions, whether general or particular, esIab-
lishing rules expressly recognized by the two Governments, including
bilateral and multilateral agreements between the two Governments
dealing with fishe'ies and maritime matters generally;
2. international custom, as evidence of a general practice accepted
as law;
3. the general principles of law recognized by nations;
4. Judicial decisions and the teachings of the most highly qualified
publicists of the various nations, as subsidiary means for the de-
termination of rules of law.

SECTION VII
Other Remedies
1. Nothing in this Annex shall preempt, prejudice, or in any other
way affect judicial proceedings, or in any way prejudice or affect the
sul),tantive or procedural rights of anyvperson, whether or not such
person appears before or participates in the procee(ings of the Board.
2. No claim shall be brought the substance of which has been or i-
being adjudicated or arbitrated between the parties. The Board
may refuse to consider a claim on the grounds that it should be joined
to an existing judicial proceeding involving substantially the same
issues and in which the law applicable to such judicial proceeding
appears to permit such joinder.
:3. The Board shall immediately suspend conciliation proceedings
regarding a claim in respect to which judicial proceedings are iisti-
tated, unless the court before which the proceedings are pen(lin(g
determines, in the exercise of its lawful authorit-, that the parties
may continue to proceed Ltefore the Board.
4. The Board shall immediately terminate conciliation proceedings
regarding a claim in respect to which there is a binding agreement to
arbitrate.







SECTION VIII
Finding
Each Government shall pay all expenses, including compensation,
of the members it appoints to the Board and of any technical advisers
it appoints. The two Governments will share equally all the admin-
istrative and operational costs of the Board. Such costs do not include
expenses related to the presentation or production of evidence or the
appearance of witnesses.
SECTION IX
It'e Ve?
At the request of either Government, representatives of the two
Governments shall meet to review the operation of this Annex and to
consider proposals for its revision. This Annex may be amended
through 'an exchange of notes between the two Governments.

SECTION X
Termi nation
At any time either Government may give written notice to the
other Government of its intention to denounce this Annex, in which
case the Annex shall terminate sixty days from the date of the notifica-
tion, provided that the effect of the Annex shall in any event continue
until the conclusion of conciliation proceedings and arbitrations
instituted prior to its termination, unless otherwise agreed by the two
Governments.











ANNEX III-DATA COLLECTION AND REPORTING
FOR POLISH VESSELS
The reporting procedure described below is desiued to contriblite
to continuing needs for assessment of the status of4 tocks. however,
specific needs may develop from ti-ne to time which require a change
in stan(Iard procedures, or ad(litiolhal data for special studies. Ako,
the pattern of fisheries will chance.. These aspects reqiiire that the
procedibres for reporting inlist be flexible enough to accoumi1t)(ate
necessary changes. It also implies that some fonn of archivil w of t le
basic data be developed so that retrieval at a later (late in a ifereiit
format i' possible.
All data de-,cribed below for the Atlantic area shall be reported to
the Director, Northeast Fisheries ('enter, National11 1ie Fihe ie1
Service, WX oods IHole, Mlassachtusett: data for the Pacific area sha!I
be reioited to the Director, Northwest Region, National .",[arIle
Fisheries Service, Seattle, Washington.
1. STATISTICAL INFORMATION REQUIREMENTS FOR ALL FISIILRILS
a. Atlantic Coast
Catch and Effort: Three month- after the c(o-e of each qiafter,
catch-effort statistics for biweekly time periods lor 30-minute squurte
areas will be reported by ve-sel for the previous quarter. The-e wili ie
reported using 30-minute square Statlant 21 B.Foi'ms or ff-mla(tic
tape, computer cards or printout- for all species and (Year types.
Vessel logbook data is to be available for selected, specific jolt
a-sessment studies. The collection of samples, specified in 2. below,
should also be annotated in the logbook.

b. Pacific Coast
(1) Statistical Information Requirements for Gulf of Alaska Trawl
Fisheries Fishery Data: Poland shall report by May 30 of the following
year annual catch and effort statistics, as follows: Effort in hours
trawled, by vessel class, by gear type, by month, by 1/2' LatitudeX 1
Longitude statistical area; Catch in metric tons, by vessel class, by
gear type, by month, by 1/20 LatitudeX I' Longitude statistical area,
by the following species groupings:
Rocksole.
Flathead sole.
Arrowtooth flounder.
Other flounder.
Pacific ocean perch.
Other rockfishes.
Pacific cod.
Sablefish.


(19)






20


Alaska pollock.
Atka mackerel.
Any other species taken in excess of 1,000 mt.
Other fishes.
In addition to the annual statistical report above, Poland will
report by the end of the following month, provisional monthly fishery
information as follows:
Effort in vessel-days on the grounds by vessel class; and Catch
in metric tons of flounders, rockfishes, cod, pollock, sablefish, Atka
mackerel, and others, for each of the following statistical areas of
the International North Pacific Fisheries Commission (INPFC):
Charlotte.
Southeastern.
Yakutat.
Kodiak.
Chirikof.
Shumagin.
(2) Statistical Information Requirements for the Pacific Hake
Fisheries.
Fishe1-y Data: Poland shall report by May 30 of the following
year annual catch and effort statistics, as follows: Effort in hours
trawled, by vessel class, by gear type, by month, by 1/2' LatitudeX
1 Longitude statistical area; Catch in metric tons, by vessel class,
by gear type, by month, by 1/2 LatitudeX 1' Longitude statistical
area, by the following groupings:
Hake.
Jack mackerel.
Pacific ocean perch.
Other rockfishes.
Sablefish.
Dover sole.
Other flounders.
Anchovies.
i Ierring.
Any other species taken in excess of 1,000 mt.
Other fishes.
In addition to the annual statistical report above, Poland will
report by the end of the following month, provisional monthly fishery
information as follows: Effort in vessel-days on the grounds by vessel
class; and Catch in metric tons of hake, jack mackerel, rockfishes,
flounders, and others, for each of the following statistical areas of the
INPFC:
Conception.
Monterev.
Eureka.
Columbia.
Vancouver (including tbat portion off Canada).

2. PROCEDURES FOR SCIENTIFIC SAMPLES
a. Atlantic Coast
(1) Length-age composition samples:
(a) Samples should be taken separately for each gear type (e.g.,
bottom trawl, pelagic trawl, purse seine) and water layer (e.g.,






21

on the bottom, midwater level) combination every montli for
which fishing is pursued by 30-minute square areas throughout
the agreement region. One sample should be taken for every 1,000
tons or fraction thereof within the above categories.
(b) Data to be recorded for each sample:
Vessel classification.
Method of fishing; e.g., pelagic.
Specific type of trawl, including reference to its constr1!c-
tion or actual scale drawing.
Mesh sizes.
Tonnage of the species sampled in the trawl haul.
Total weight of the fish sampled.
Time of day of haul.
Date.
Latitude and longitude of haul.
(c) Sampling procedures:
(i) Species for which the catch is oite-
(a) From a single net haul take 4 random aliqiiot- ,f
approximately 50 fish each. (For species with les-, tlim
200 fish in a single trawl haul accumulate samples over
trawl hauls until approximately 200 fish are taken.)
(b) Measure fork length for each fish to neae't cm.
except for herring where the measurement will be the
total length to the nearest cm below. Where other
measurement systems are used, appropriate conversion
information must be supplied.
(c) Take a subsample of one fish from each cm
interval and remove scales and otoliths as appropriate.
Record the sex of mature individuals.
(ii) Species for which catch is not sorted-
(a) From a single trawl take 2 random aliquots of
approximately 30 kilos each.
(b) Sort to individual species (for "river herring"
this means sorting to alewife Alosa pseudo-harepgs
and blueback A. aestivalis).
(c) Measure fork length for each fish to nearest cm,
except for herring where the measurement will be the
total length to the nearest cm below. Where other
measurement systems are used, appropriate conversion
information must be supplied.
(d) Take a subsample of one fish from each cm in-
terval and remove scales and otoliths as appropriate.
Record the sex of mature individuals.
(2) Length-weight samples:
Individuals of one sample of each principal species of fih
(e.g., expected yearly catch in area of agreement of 500 or more
tons), per International Commission for the Northwest Atlantic
Fisheries (ICNAF) Division per month, should be weighed in
grams and measured in millimeters. Each sample will contain
10 fish per centimeter interval. The length range of fish may be
accumulated if necessary from small samples taken over several
catches and days. With small fish, where weighing at sea of
individuals is not accurate, appropriate numbers of fish of the






22

same length class shall be weighted in aggregate. Sex shall be
recorded for mature individuals.
b. Pacific Coast
Biological sampling by Poland will be conducted and measurements
from sampling recorded according to sampling procedures developed
and coordinated through consultations between United States and
Polish scientists to answer specific and current research needs.
3. Amendment Procedure:
The procedures in this Annex may be amended by agreement
through an exchange of notes between the two Governments.












AGREED MINUTES


The representatives of the Government of the United States and
the Government of Poland have agreed to record the following in
connection with the Agreement Between the Government of the
United States of America and the Government of the Polish People's
Republic Concerning Fisheries off the Coasts of the United States
signed today:
1. With respect to Article III, paragraph 4 of the Agreement,
signed today, the two Governments agreed to take note that the
administration of the Agreement during the first year of its opera-
tion would be in some respects transitional in nature. The two Gov-
ernments further noted that, taking this into account, the Govern-
ment of the United States informed the Government of Poland, that
without prejudice to the completion of certain internal procedures
resulting in operative determinations in this regard, it had determined
on a tentative and contingency basis that the portion of the allowable
catch for certain fisheries that will not be harvested by United State-z
fishing vessels and that could be made available to Poland during 1977
is expected to be as follows:
a. For the Northwest Atlantic Coast of the United States
Should the International Commission for the Northwest Atlantic
Fisheries (ICNAF) cease to be effective with respect to the United
States in 1977, the portion of the allowable catch that could be ex-
pected to be made available to Poland in 1977 would reflect the
United States views offered at the December 1976 meeting of ICNAF.

b. For the Northeastern Pacific Coast of the United States
The United States takes note of paragraph 4 of the Agreed Minutes
of the United States-Poland Pacific bilateral Agreement which expires
December 31, 1976. Although an appropriate plan for the fishery for
1977 has not been approved in accordance with the internal procedures
under the law of the United States, for 1977 the Government of the
United States anticipates that, based on current stock assessments,
the availability of the resource will result in lowered levels of fishing
by all foreign nations, and that therefore Poland may expect that
following completion of a plan and negotiations with others, its fishery
will be reduced.
2. The Government of the United States, taking note of the Agree-
ment, signed today, and the desirability for both Governments to
voluntarily continue certain conservation and management mea-uires
pending the entry into force of said Agreement, desires to inform the
Government of Poland of the following:
a. With regard to the former Agreement Between the Govern-
ment of the United States of America and the Government of the
Polish People's Republic Regarding Fisheries in the Western
(23)






24


Region of the 'iddle Atlantic Ocean which entered into force
Julv 1,1975, and expired on June 30, 1976, the United States is
prepared to:
(1) continue accepting requests from Polish fishing, fishery
research and fishery support vessels to enter designated
United States ports in accordance with Article 7 of that
Agreement; and
(2) continue measures to minimize fishing gear conflicts
between fishing vessels of the two countries in accordance
with Article 9 of that Agreement;
(3) undertake the internal procedures necessary to con-
tinue to grant access to Polish fishing vessels to conduct
loading operations in the waters described in Article 6 of
that Agreement, and in accordance with the requirements in
that Article.
b. The commitments and undertakings in paragraph a. above
by the Government of the United States shall be assumed during
thie transitional period prior to entry into force of the Agreement,
signed today, with the understanding that the Government of
Poland intends to voluntarily abide by the fishing restrictions
and conservation measures of Articles 2, 3, 4, 5, 9 and 11 of the
former Agreement. It is further the understanding of the Govern-
ment of the United States that should ICNAF cease to be ef-
fective with respect to either Government during the transitional
period, the Government of Poland intends to apply in that
portion of the Convention Area off the coast of the United
States, the applicable catch, area, fishing gear and seasonal re-
strictions that would have applied under ICNAF.
c. With regard to the existing Agreement Between the Govern-
ment of the United States of America and the Government of
the Polish People's Republic Regarding Fisheries in the North-
eastern Pacific Ocean off the Coast of the United States which
entered into force on January 1,1976, and expires on December 31,
1976, the Government of the United States is prepared to con-
tinue measures to minimize gear conflicts between fishing vessels
of the two countries in accordance with Article 7 of that
Agreement.
d. The commitments in paragraph c. above by the Govern-
ment of the United States shall be assumed during the transitional
period following December 31, 1976, with the understanding
that the Government of Poland intends to voluntarily abide by
fishing restrictions and conservation measures during the same
period pursuant to Articles 4, 5, 6, 7 and 10 of the same
Agreement.
3. It is understood by the representatives of both Governments
that during 1977 Poland will be implementing a logbook system for
collection of fishery statistics for the Northwest Atlantic suitable
for computer processing. Full implementation of this program may
not occur until 1978.
To facilitate meeting the statistical reporting requirements, the
Government of the United States agrees to assist in the transfer of
logbook records to Poland when requested to do so by Polish author-
ities.






25

The Polish sampling program in the Atlanti(c area referred to in
Annex III will consist of three teams of two sea samplers each. Teamn.
will be assigned to the main season of the herring, mackerel and squid
fisheries. Each team will be in the area approximately two to three
months. During that time the samplers will work according to the
guidelines outlined in the data and sampling requirement in Alnnex I I I
of the Agreement. Use may be made of United States Coast Guard
Cutters to facilitate transfers of samplers between fishing vessel when
Coast Guard operations permit. Where observers are aboard Polish
vessels, it is anticipated that they will assist in the sampling program.
By the end of 1977, when the first results from processing of the
new logbook data will be available, this material and these statistical
procedures will be reviewed at the next regularly scheduled meeting
between scientists.
4. With respect to Article XII of the Agreement, both representa-
tives, noting the desirability of cooperation among commercial fishing
enterprises of the United States and Poland, and noting the efforts
of the Joint American-Polish Trade Commission in furthering eco-
nomic and commercial cooperation between the two countries, agreed
that it would be appropriate to discuss during annual meetings of the
Joint American-Polish Trade Commissionn the existing legal and
regulatory framework under which such cooperation could take
place.
5. The representatives of the Government of Poland noted that
Poland may submit applications for permits under Article VI of the
Agreement for flag vessels of other countries with which the United
States has diplomatic relations, chartered by or under contract to a
Polish fishing company.
The representative of the Government of the United States noted
that such applications would be considered and reviewed in accordance
with United States law.















ADDITIONAL CORRESPONDENCE CONCERNING
PORT PRIVILEGES
Mr. FRANCIS R. VALEO,
Secretary of the Senate, Washington, D.C.
DEAR MR. VALEO: Please refer to the President's letter of September
16, 1976, transmitting a governing international fishery agreement
between the United States and the Polish People's Republic signed at
Warsaw on August 2, 1976.
The enclosed letter to the Chairman of the Delegation of the Polish
People's Republic from the Chairman of the Delegation of the United
States of America concerning port privileges was executed as part of
the formalities concluding the agreement and should be attached to
the agreement.
Sincerely,
KEMPTON B. JENKINS,
Acting Assistant Secretary
for Congressilonal R'elations.
Enclosure.
AUGUST 2, 1976.
His Excellency EDWIN WISNIEWSKI,
Chairman of the Delegation of the Polish People's Republic.
EXCELLENCY: In Article XIII of the Agreement Concerning Fisher-
ies Off the Coasts of the United States of America, signed today
between our two Governments, the Government of the United States
undertook to authorize Polish vessels to enter designated ports
beginning on the date of entry into force of the Agreement, pursuant
to the following procedures.
I wish to inform you that the Government of the United States will
authorize the entry of Polish fishing, fishing support and fishery
research vessels into the ports of New York, Baltimore, Camden,
Philadelphia, Boston, San Francisco, Seattle, and Portland, Oregon.
The Government of the United States also takes note of the interest
,of the Government of Poland in securing authorization for Polish
vessels to enter a port in Alaska.
Poli-4hvessels may enter the ports specified above to replenish
ship's stores or fresh water, obtain bunkers, provide rest for or Iake
changes in their crews, and to obtain repairs and other services
normally provided in these ports.
Entry shall be permitted subject to notice to the United States
Coast Guard, forwarded so as to be received four days in advance of
the port entry using (1) Telex, using Telex number 89-2427, (2)
TWX, using TWX number 710-822-1959, or (3) Western Union,
using the address "U.S. Coast Guard Headquarters, 6th and D
Streets, S.W., Washington, D.C." All such entries are subject to the
applicable laws and regulations of the United States.
The Government of the United States of America and its Embassy
in Warsaw will accept crew lists in application for visas valid for a
(27)




UNIVERSITY OF FLORIDA
U 11 11111 11111111111111111 11 11i ill 11111l I l11111111
28 3 1262 09112 5095

period of six months for multiple entry into the specified United States
ports. Such a crew list shall be submitted at least 14 days prior to the
first entry of a vessel into a port of the United States. Submission
of an amended (supplemental) crew list subsequent to departure of a
vessel from a Polish port will also be subject to the provisions of this
paragraph, provided that visas thereunder shall only be valid for six
months from the date of issuance of the original crew list visa. Notifi-
cation of entry shall specify if shore leave is requested under such
multiple entry visa.
In cases where a Polish seaman is evacuated from his vessel to the
United States for the prupose of emergency medical treatment, the
Polish authorities will ensure that the seaman departs from the
United States within fourteen days after his release from the hospital.
During the period that the seaman is in the United States, a repre-
sentative of the Polish side will be responsible for him.
The exchange of Polish vessel crews in the above-mentioned ports
shall be permitted subject to submission to the United States Embassy
in Warsaw of applications for individual transit visas and crewman
visas for replacement crewmen. Applications shall be submitted 14
(lays in advance of the date of the arrival of the crewmen in the
United States and shall indicate the names, dates and places of birth,
the purpose of the visit, the vessel to which assigned, and the modes
and dates of arrival of all replacement crewmen. Individual passports
or seaman's documents shall accompany each application. Subject to
United States laws and regulations, the United States Embassy will
affix transit and crewman visas to each passport or seaman's document
before it is returned. Appropriate Polish authorities should also sub-
mit to the Department of State 14 days in advance of arrival the name
of the vessel and date of its expected arrival, a list of names, dates and
places of birth for those crewmen to be paroled into the United States
for repatriation to Poland and the dates and manner of their departure
from the United States.
Special provisions shall be made as necessary regarding the entry of
Polish research vessels which are engaged in a mutually agreed re-
search program in accordance with the terms of Article XCI of the
Agreement. Requests for visits of fishery research vessels should be
forwarded to the United States Department of State, Washington,
D.C., through diplomatic channels.
Sincerely,
ROZANNE L. RIDGWAY,
Chairman of the Delegation
of the United States of America.