International Convention for the High Seas Fisheries of the Pacific Ocean

International Convention for the High Seas Fisheries of the Pacific Ocean in United States

International Convention for the High Seas Fisheries of the Pacific Ocean

(Tokyo, 9 May 1952)

[ The Annex to this Convention was amended on November 17, 1962,
by the International North Pacific Fisheries Commission. The
amendments have been accepted by Japan on February 26, 1963, by
the United States of America on March 23, 1963 and by Canada on
May 8, 1963.]

Tokyo, 9 May 1952

The Governments of the United States of America, Canada and
Japan, whose respective duly accredited representatives have
subscribed hereto,

Acting as sovereign nations in the light of their rights under
the principles of international law and custom to exploit the
fishery resources of the high seas, and

Believing that it will best serve the common interest of
mankind, as well as the interests of the Contracting Parties, to
ensure the maximum sustained productivity of the fishery resources
of the North Pacific Ocean, and that each of the Parties should
assume an obligation, on a free and equal footing, to encourage
the conservation of such resources, and

Recognizing that in view of these considerations it is highly
desirable (1) to establish an International Commission,
representing the three Parties hereto, to promote and co-ordinate
the scientific studies necessary to ascertain the conservation
measures required to secure the maximum sustained productivity of
the fisheries of joint interest to the Contracting Parties and to
recommend such measures to such Parties and (2) that each Party
carry such conservation recommendations, and provide for necessary
restraints on its own nationals and fishing vessels.

Thereafter agree as follows:

Article I

1. The area to which this Convention applies, hereinafter referred
to as “the Convention area,” shall be all waters, other than
territorial waters, of the North Pacific Ocean which for the
purposes hereof shall include the adjacent seas.

2. Nothing in this Convention shall be deemed to affect adversely
(prejudice) the claims of any Contracting Party in regard to the
limits of territorial waters or to the jurisdiction of a coastal
state over fisheries.

3. For the purposes of this Convention the term “fishing vessel”
shall mean any vessel engaged in catching fish or processing or
transporting fish loaded on the high seas, or any vessel outfitted
for such activities.

Article II

1. In order to realize the objectives of this Convention, the
Contracting Parties shall establish and maintain the International
North Pacific Fisheries Commission, hereinafter referred to as
“the Commission.”

2. The Commission shall be composed of three national sections,
each consisting of not more than four members appointed by the
governments of the respective Contracting Parties.

3. Each national section shall have one vote. All resolutions,
recommendations and other decisions of the Commission shall be
made only by a unanimous vote of the three national sections
except when under the provisions of article III, section I (c)
(ii) only two participate.

4. The Commission may decide upon and amend, as occasion may
require, by-laws or rules for the conduct of its meetings.

5. The Commission shall meet at least once each year and at such
other times as may be requested by a majority of the national
sections. The date and place of the first meeting shall be
determined by agreement between the Contracting Parties.

6. At its first meeting the Commission shall select a Chairman,
Vice-Chairman and Secretary from different national sections. The
Chairman, Vice-Chairman and Secretary shall hold office for a
period of one year. During succeeding years selection of a
Chairman, Vice-Chairman and Secretary from the national sections
shall be made in such a manner as will provide each Contracting
Party in turn with representation in those offices.

7. The Commission shall decide on a convenient place for the
establishment of the Commission’s headquarters.

8. Each Contracting Party may establish an Advisory Committee for
its national section to be composed of persons who shall be well
informed concerning North Pacific fishery problems of common
concern. Each such Advisory Committee shall be invited to attend
all sessions of the Commission except those which the Commission
decides to be in camera.

9. The Commission may hold public hearings. Each national section
may also hold public hearings within its own country.

10. The official languages of the Commission shall be Japanese and
English. Proposals and data may be submitted to the Commission in
either language .

11. Each Contracting Party shall determine and pay the expenses
incurred by its national section. Joint expenses incurred by the
Commission shall be paid by the Commission through contributions
made by the Contracting Parties in the form and proportion
recommended by the Commission and approved by the Contracting
Parties.

12. An annual budget of joint expenses shall be recommended by the
Commission and submitted to the Contracting Parties for approval.

13. The Commission shall authorize the disbursement of funds for
the joint expenses of the Commission and may employ personnel and
acquire facilities necessary for the performance of its functions.

Article III

1. The Commission shall perform the following functions:

a) In regard to any stock of fish specified in the annex, study
for the purpose of determining annually whether such stock
continues to qualify for abstention under the provisions of
article IV. If the Commission determines that such stock no longer
meets the conditions of article IV, the Commission shall recommend
that it be removed from the annex. Provided, however, that with
respect to the stocks of fish originally specified in the Annex,
no determination or recommendation as to whether such stock
continues to qualify for abstention shall be made for five years
after the entry into force of this Convention.

b) To permit later additions to the annex, study, on request of a
Contracting Party, any stock of fish of the Convention area, the
greater part of which is harvested by one or more of the
Contracting Parties, for the purpose of determining whether such
stock qualifies for abstention under the provisions of article IV.
If the Commission decides that the particular stock fulfills the
conditions of article IV it shall recommend (1) that such stock be
added to the annex, (2) that the appropriate Party or Parties
abstain from fishing such stock and (3) that the Party or Parties
participating in the fishing of such stock continue to carry out
necessary conservation measures.

c) In regard to any stock of fish in the Convention area:

(i) Study, on request of any Contracting Party concerned, any
stock of fish which is under substantial exploitation by two or
more of the Contracting Parties, and which is not covered by a
conservation agreement between such Parties existing at the time
of the conclusion of this Convention, for the purpose of
determining need for joint conservation measures;

(ii) Decide and recommend necessary joint conservation measures
including any relaxation thereof to be taken as a result of such
study. Provided, however that only the national sections of the
Contracting Parties engaged in substantial exploitation of such
stock of fish may participate in such decision and recommendation.
The decisions and recommendations shall be reported regularly to
all the Contracting Parties, but shall apply only to the
Contracting Parties the national sections of which participated in
the decisions and recommendations.

(iii) Request the Contracting Party or Parties concerned to report
regularly the conservation measures adopted from time to time with
regard to the stocks of fish specified in the Annex, whether or
not covered by conservation agreements between the Contracting
Parties, and transmit such information to the other Contracting
Party or Parties.

d) Consider and make recommendations to the Contracting Parties
concerning the enactment of schedules of equivalent penalties for
violations of this Convention.

e) Compile and study the records provided by the Contracting
Parties pursuant to article VIII.

f) Submit annually to each Contracting Party a report on the
Commission’s operations, investigations and findings, with
appropriate recommendations, and inform each Contracting Party,
whenever it is deemed advisable, on any matter relating to the
objectives of this Convention.

2. The Commission may take such steps, in agreement with the
Parties concerned, as will enable it to determine the extent to
which the undertakings agreed to by the Parties under the
provisions of article V, section 2 and the measures recommended by
the Commission under the provisions of this article and accepted
by the Parties concerned have been effective.

3. In the performance of its functions, the Commission shall,
insofar as feasible, utilize the technical and scientific services
of, and information from, official agencies of the Contracting
Parties and their political subdivisions and may, when desirable
and if available utilize the services of, and information from,
any public or private institution or organization or any private
individual.

Article IV

1. In making its recommendations the Commission shall be guided by
the spirit and intent of this Convention and by the considerations
below mentioned.

a) Any conservation measures for any stock of fish decided upon
under the provisions of this Convention shall be recommended for
equal application to all Parties engaged in substantial
exploitation of such stock.

b) With regard to any stock of fish which the Commission
determines reasonably satisfies all the following conditions, a
recommendation shall be made as provided for in article III,
section 1, (b).

(i) Evidence based upon scientific research indicates that
more intensive exploitation of the stock will not provide a
substantial increase in yield which can be sustained year after
year.

(ii) The exploitation of the stock is limited or otherwise
regulated through legal measures by each Party which is
substantially engaged in its exploitation, for the purpose of
maintaining or increasing its maximum sustained productivity;
such limitations and regulations being in accordance with
conservation programs based on scientific research, and

(iii) The stock is the subject of extensive scientific study
designed to discover whether the stock is being fully utilized and
the conditions necessary for maintaining its maximum sustained
productivity.

Provided, however, that no recommendation shall be made for
abstention by a Contracting Party concerned with regard to: (1)
any stock of which at any time during the twenty-five years next
preceding the entry into force of this Convention has been under
substantial exploitation by that Party having regard to the
conditions referred to in section 2 of this article; (2) any stock
of fish which is harvested in greater part by a country or
countries not party to this Convention; (3) waters in which there
is historic intermingling of fishing operations of the Parties
concerned. intermingling of the stocks of fish exploited bv these
operations, and a long established history of joint conservation
and regulation among the parties concerned so that there is
consequent impracticability of segregating the operations and
administering control. It is recognized that the conditions
specified in subdivision (3) of this proviso apply to Canada and
the United States of America in the waters off the Pacific Coasts
of the United States of America and Canada from and including the
waters of the Gulf of Alaska southward and, therefore, no
recommendation shall be made for abstention by either the United
States of America or Canada in such waters.

2. In any decision or recommendation allowances shall be made for
the effect of strikes, wars, or exceptional economic or biological
conditions which may have introduced temporary declines in or
suspension of productivity exploitation. or management of the
stock of fish concerned.

Article V

1. The annex attached hereto forms an integral part of this
Convention. All references to “Convention” shall be understood as
including the said annex either, in its present terms or as
amended in accordance with the provisions of article VII.

2. The Contracting Parties recognize that any stock of fish
originally specified in the annex to this Convention fulfills the
conditions prescribed in article IV and accordingly agree that the
appropriate Party or Parties shall abstain from fishing such stock
and the Party or Parties participating in the fishing of such
stock shall continue to carry out necessary conservation measures.

Article VI

In the event that it shall come to the attention of any of the
Contracting Parties that the nationals or fishing vessels of any
country which is not a Party to this Convention appear to affect
adversely the operations of the Commission or the carrying out of
the objectives of this Convention, such Party shall call the
matter to the attention of other Contracting Parties. All the
Contracting Parties agree upon the request of such Party to confer
upon the steps to be taken towards obviating such adverse effects
or relieving any Contracting Party from such adverse effects.

Article VII

1. The annex to this Convention shall be considered amended from
the date upon which the Commission receives notification from all
the Contracting Parties of acceptance of a recommendation to amend
the annex made by the Commission in accordance with the provisions
of article III, section I or of the Protocol to this Convention.

2. The Commission shall notify all the Contracting Parties of the
date of receipt of each notification of acceptance of an amendment
to the annex.

Articel VIII

The Contracting Parties agree to keep as far as practicable all
records requested by the Commission and to furnish compilations of
such records and other information upon request of the Commission.
No Contracting Party shall be required hereunder to provide the
records of individual operations.

Article IX

1. The Contracting Parties agree as follows:

a) With regard to a stock of fish from the exploitation of which
any Contracting Party has agreed to abstain, the nationals and
fishing vessels of such Contracting Party are prohibited from
engaging in the exploitation of such stock of fish in waters
specified in the annex, and from loading, processing, possessing,
or transporting such fish in such waters.

b) With regard to a stock of fish for which a Contracting Party
has agreed to continue to carry out conservation measures, the
nationals and fishing vessels of such Party are prohibited from
engaging in fishing activities in waters specified in the annex in
violation of regulations established under such conservation
measures.

2. Each Contracting Party agrees, for the purpose of rendering
effective the provisions of this Convention, to enact and enforce
necessary laws and regulations, with regard to its nationals and
fishing vessel, with appropriate penalties against violations
thereof and to transmit to the Commission a report on any action
taken by it with regard thereto.

Article X

1. The Contracting Parties agree, in order to carry out faithfully
the provisions of this Convention, to co-operate with each other
in taking appropriate and effective measures and accordingly agree
as follows:

a) When a fishing vessel of a Contracting Party has been found in
waters in which that Party has agreed to abstain from exploitation
in accordance with the provisions of this Convention, the duly
authorized officials of any Contracting Party may board such
vessel to inspect its equipment, books, documents, and other
articles and question the persons on board. Such officials shall
present credentials issued by their respective Governments if
requested by the master of the vessel.

b) When any such person or fishing vessel is actually engaged in
operation in violation of the provisions of this Convention, or
there is reasonable ground to believe was obviously so engaged
immediately prior to boarding of such vessel by any such official,
the latter may arrest or seize such person or vessel. In that
case, the Contracting Party to which the official belongs shall
notify the Contracting Party to which such person or vessel
belongs of such arrest or seizure and shall deliver such vessel or
persons as promptly as practicable to the authorized officials of
the Contracting Party to which such vessel or person belongs at a
place to be agreed upon by both Parties. Provided, however, that
when the Contracting Party which receives such notifications
cannot immediately accept delivery and makes request, the
Contracting Party which gives such notification may keep such
person or vessel under surveillance within its own territory under
the conditions agreed upon by both of the Contracting Parties.

c) Only the authorities of the Party to which the above-mentioned
person or fishing vessel belongs may try the offence and impose
penalties therefor.
The witnesses and evidence necessary for establishing the offence,
so far as they are under the control of any of the Parties to this
Convention, shall be furnished as promptly as possible to the
Contracting Party having jurisdiction to try the offence.

2. With regard to the nationals or fishing vessels of one or more
Contracting Parties in waters with respect to which they have
agreed to continue to carry out conservation measures for certain
stocks of fish in accordance with the provisions of this
Convention, the Contracting Parties concerned shall carry out
enforcement severally or jointly. In that case, the Contracting
Parties concerned agree to report periodically through the
Commission to the Contracting Party which has agreed to abstain
from the exploitation of such stocks of fish on the enforcement
conditions, and also, if requested, to provide opportunity for
observation of the conduct of enforcement.

3. The Contracting Parties agree to meet, during the sixth year of
the operation of this Convention, to revel the effectiveness of
the enforcement provisions of this article and, if desirable, to
consider means by which they may more effectively be carried out.

Article XI

1. This Convention shall be ratified by the Contracting Parties in
accordance with their respective constitutional processes and the
instruments of ratification shall be exchanged as soon as possible
at Tokyo.

2. This Convention shall enter into force on the date of the
exchange of ratifications. It shall continue in force for a period
of ten years and thereafter until one year from the day on which a
Contracting Party shall give notice to the other Contracting
Parties of an intention of terminating the Convention, where upon
it shall terminate as to all Contracting Parties.

In Witness Whereof, the respective Plenipotentiaries duly
authorized, have signed the present Convention.
Done in triplicate, in the English and Japanese languages,
both equally authentic, at Tokyo this ninth day of May, one
thousand nine hundred fifty-two.

ANNEX

1. With regard to the stocks of fish in the respective waters
named below, Japan agrees to abstain from fishing, and Canada and
the United States of America agree to continue to carry out
necessary conservation measures, in accordance with the provisions
of article V, section 2 of this Convention:

a) Halibut (Hippoglossus stenolepis)

The Convention area off the coasts of Canada and the United
States of America exclusive of the Bering Sea in which commercial
fishing for halibut is being or can be prosecuted. Halibut
referred to herein shall be those originating along the coast of
North America.

b) Herring (Clupea pallasii)

The Convention area off the coast of Canada in which commercial
fishing for herring of Canadian origin is being or can be
prosecuted, exclusive of the waters of the high seas north of 51
deg 56 min North Latitude and west of the Queen Charlotte Islands
and west of a line drawn between Langara Point on Langara Islands,
Queen Charlotte Islands and Cape Muzon on Dall Island in Southeast
Alaska.

c) Salmon (Oncorhychus gorbuscha, Oncorhynchus keta, Oncorhynchus
kisutch, Oncorhynchus nerka, Oncorhynchus tschawytscha)

The Convention area off the coasts of Canada and the United
States of America, exclusive of the Bering Sea and of the waters
of the North Pacific Ocean west of a provisional line following
the meridian passing through the western extremity of Atka Island;
in which commercial fishing for salmon originating in the rivers
of Canada and the United States of America is being or can be
prosecuted .

2. With regard to the stocks of fish in the waters named below,
Canada and Japan agree to abstain from fishing, and the United
States of America agrees to continue to carry out necessary
conservation measures, in accordance with the provisions of
article V, section 2 of this Convention:

Salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus
kisutch, Oncohynchus nerka and Oncorhynchus tschawytscha)

The Convention area of the Bering Sea east of the line starting
from Cape Prince of Wales on the west coast of Alaska, running
westward to 168 deg 58 min 22.59 sec West Longitude; thence due
south to a point 65 deg 15 min 00 sec North Latitude; thence along
the great circle course which passes through 51 deg North Latitude
and 167 deg East Longitude, to its intersection with meridian 175
deg West Longitude; thence south along a provisional line which
follows this meridian to the territorial waters limit of Atka
Island; in which commercial fishing for salmon originating in the
rivers of the United States of America is being or can be
prosecuted.

PROTOCOL TO THE INTERNATIONAL CONVENTION FOR THE HIGH SEAS
FISHERIES OF THE NORTH PACIFIC OCEAN

The Governments of the United States of America, Canada and
Japan, through their respective Plenipotentiaries, agree upon the
following stipulation in regard to the International Convention
for the High Seas Fisheries of the North Pacific Ocean, signed at
Tokyo on this ninth day of May, nineteen hundred fifty-two.

The Governments of the United States of America, Canada and
Japan agree that the line of meridian 175 deg West Longitude and
the line following the meridian passing through the western
extremity of Atka Island, which have been adopted for determining
the areas in which the exploitation of salmon is abstained or the
conservation measures for salmon continue to be enforced in
accordance with the provisions of the annex to this Convention,
shall be considered as provisional lines which shall continue in
effect subject to confirmation or readjustment in accordance with
the procedure mentioned below.

The Commission to be established under the Convention shall, as
expeditiously as practicable, investigate the waters of the
Convention area to determine if there are areas in which salmon
originating in the rivers of Canada and of the United States of
America intermingle with salmon originating in the rivers of Asia.
If such areas are found the Commission shall conduct suitable
studies to determine a line or lines which best divide salmon of
Asiatic origin and salmon of Canadian and United States of America
origin, from which certain Contracting Parties have agreed to
abstain in accordance with the provisions of article V, section 2,
and whether it can be shown beyond a reasonable doubt that this
line or lines more equitably divide such salmon than the
provisional line specified in sections I (c) and 2 of the annex.
In accordance with these determinations the Commission shall
recommend that such provisional lines be confirmed or that they be
changed in accordance with these results, giving due consideration
to adjustments required to simplify administration.

In the event, however, the Commission fails within a reasonable
period of time to recommend unanimously such line or lines, it is
agreed that the matter shall be referred to a special committee of
scientists consisting of three competent and disinterested
persons, no one of whom shall be a national of a Contracting
Party, selected by mutual agreement of all Parties for the
determination of this matter.

It is further agreed that when a determination has been made by
a majority of such special committee, the Commission shall make a
recommendation in accordance therewith.

The Governments of the United States of America, Canada and
Japan, in signing this protocol, desire to make it clear that the
procedure set forth herein is designed to cover a special
situation. It is not, therefore, to be considered a precedent for
the final resolution of any matters which may, in future, come
before the Commission.

This Protocol shall become effective from the date of entry
into force of the said Convention.

In Witness Whereof, the respective Plenipotentiaries have
signed this Protocol.

Done in triplicate at Tokyo this ninth day of May, one thousand
nine hundred fifty-two.


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