Protocol Amending The International Convention for the High Seas Fisheries of the North Pacific Ocean (1978)
Adopted at Tokyo on 25 April 1978.
The Governments of the United States of America, Canada and Japan,
Having regard to the International Convention for the High Seas
Fisheries of the North Pacific Ocean, signed at Tokyo on the ninth day
of May, nineteen hundred and fifty-two, its Annex and the Protocol
thereto (hereinafter referred to as "the Convention"),
Sharing the view that the Convention has served to promote and
co-ordinate scientific studies relating to the fishery resources of
the North Pacific Ocean and its adjacent seas, and has aided in the
conservation of these fishery resources,
Taking into account that each of the Contracting Parties has
established new fishery jurisdiction in the Convention area,
Acknowledging that certain provisions of the Convention are not
compatible with such jurisdiction, and
Desirous of amending the Convention,
Have agreed as follows:
The Convention shall be amended to read as follows:
"The Governments of the United States of America,
Canada and Japan have agreed as follows:
- 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.
- Nothing in this Convention shall be deemed to affect adversely
(prejudice) the claims or position of any Contracting Party in regard
to the limits of territorial waters or to the jurisdiction of a
coastal state over fisheries.
- For the purposes of this Convention the term "fishing vessel"
shall mean any vessel engaged in catching fish or processing or
transporting fish loaded in the Convention area, or any vessel
outfitted for such activities, or any vessel in normal support of
another vessel as described above.
- The Contracting Parties shall maintain the International North
Pacific Fisheries Commission, hereinafter referred to as "the
- 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.
- Each national section shall have one vote. All proposals,
recommendations and other decisions of the Commission shall be made
only by a unanimous vote of the three national sections.
- The Commission may decide upon and mend, as occasion may require,
by-laws or rules for the conduct of its meetings.
- The Commission shall meet at least once each year and at such
other times as may be requested by a majority of the national
- 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
- The location of the Commission's headquarters shall be determined
by the Commission.
- Each Contracting Party may establish an Advisory Committee for
its national action, 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
- The Commission may hold public hearings. Each national section
may also hold public hearings within its own country.
- The official languages of the Commission shall be Japanese and
English. Proposals and data may be submitted to the Commission in
- 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.
- An annual budget of joint expenses shall be recommended by the
Commission and submitted to the Contracting Parties for approval.
- 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.
- The Commission shall perform the following functions:
- provide for scientific studies and for co-ordinating the
collection, exchange and analysis of scientific data regarding
anadromous species, including data regarding the continent of origin
of these species, and provide a forum for co-operation among the
Contracting Parties with respect to these species;
- pending the establishment of an international organization as
referred to in Article IV, provide a forum for co-operation among the
Contracting Parties with respect to the study, analysis and exchange
of scientific information and views relating to the stocks of non--
anadromous species of the Convention area, including information and
views relating to all relevant factors affecting these stocks, the
promotion of scientific research designed to fill gaps in knowledge
and the compilation and dissemination of statistics and records;
- recommend, when necessary, amendment of the Annex to this
- co-ordinate scientific studies to determine the continent of
origin of anadromous species migrating in the waters south of 46o
North Latitude, and following three years of such studies make
recommendations if appropriate in accordance with sub-paragraph (c)
above relating to the conservation of salmon of North American origin;
- consider and make proposals to the Contracting Parties concerning
the enactment of schedules of equivalent penalties for violations of
this Convention which occur outside the 200 nautical mile fishery zone
of any Contracting Party;
- compile and study the records provided by the Contracting Parties
pursuant to Article VIII;
- submit annually to each Contracting Party a report on the
Commission's operations, investigations and findings, with appropriate
proposals, and inform each Contracting Party, whenever it is deemed
advisable, on any matter relating to the implementation of this
- consider the results of reviews undertaken by the Contracting
Parties pursuant to Article XI and make proposals as appropriate.
- 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 sub-divisions 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.
The Contracting Parties shall work towards the establishment of
an international organization with broader membership dealing with
species of the Convention area other than anadromous species.
Progress towards this end shall be reviewed during the consultations
provided for in Article XI. When such an international organization
becomes functional, the functions of the Commission under the
provisions of Article III, paragraph 1, sub-paragraph (b) shall be
terminated and transferred to the new organization.
- The Annex attached hereto forms an integral part of this
Convention. All references to the 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.
- The Contracting Parties agree that in fishing for anadromous
species in the Convention area, they shall respect the conservation
measures specified in the Annex to this Convention and that any
infringement of those measures shall be deemed to be in violation of
the terms of this Convention.
- The nationals and fishing vessels of the Contracting Parties
shall abide by the conservation measures specified in the Annex to
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 implementation 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.
- 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, paragraph 1, sub-paragraph (c).
- The Commission shall notify all the Contracting Parties of the
date of receipt of each notification of acceptance of an amendment to
The Contracting Parties agree to keep as far an 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.
- The Contracting Parties agree that within the Convention area:
- each Contracting Party shall enforce the provisions of this
Convention within its 200 nautical mile fishery zone in accordance
with its domestic law;
- outside the 200 nautical mile fishery zone of any Contracting
Party, any Contracting Party may enforce the provisions of this
Convention in accordance with the following:
- The duly authorized officials of any Contracting Party may
board vessels fishing for anadromous species of the other
Contracting Parties to inspect equipment, logs, documents,
catch and other articles and question the persons on board
for the purpose of carrying out the provisions of this
Convention. Such inspections and questioning shall be made
so that the vessels suffer the minimum interference and
inconvenience. Such officials shall present credentials
issued by their respective Governments if requested by the
master of the vessel.
- when any such person or fishing vessel is actually engaged
in operations in violation of the provisions of this
Convention, or there is reasonable ground to believe was
obviously so engaged prior to boarding of such vessel by any
such official, the latter may arrest or seize such person
or vessel and further investigate the circumstances if
necessary. The Contracting Party to which the official
belongs shall notify promptly the Contracting Party to which
such person or vessel belongs of such arrest or seizure, and
shall deliver such person or vessel as promptly as
practicable to the authorized officials of the Contracting
Party to which such person or vessel belongs at a place to
be agreed upon by both Parties. Provided, however, that
when the Contracting Party which receives such notification
cannot immediately accept delivery, the Contracting Party
which gives such notification may keep such person or vessel
under surveillance within the waters of the Convention area
or within its own territory under the conditions agreed upon
by both the Contracting Parties.
- only the authorities of the Contracting Party to which
the above-mentioned person or fishing vessel belongs may try
the offense and impose penalties therefor. The witnesses
and evidence necessary for establishing the offense, so far
as they are under the control of any of the Contracting
Parties to this Convention, shall be furnished as promptly
as possible to the Contracting Party having jurisdiction to
try the offense and shall be taken into account, and
utilized as appropriate, by the executive authority of that
Contracting Party having jurisdiction to try the offense.
- the Contracting Parties shall take appropriate measures to ensure
that their fishing vessels allow and assist boardings and inspections
carried out in accordance with this Convention of such vessels by the
duly authorized officials of any Contracting Party, and co-operate in
such enforcement action as may be undertaken.
- Each Contracting Party agrees, for the purpose of rendering
effective the provisions of this Convention, to enact and enforce
necessary laws and regulations, with appropriate penalties against
violations thereof, and to transmit to tho Commission a report on any
action taken by it in regard thereto.
The Contracting Parties agree that a scientific program is
necessary to carry out the provisions of this Convention. To this end
the Contracting Parties agree to establish such a program to co-
ordinate their scientific research activities with respect to
anadromous species in the Convention area as well as species of marine
mammals incidentally caught in fishing for anadromous species. In this
regard, the Contracting Parties agree to exchange scientists in order
to carry out scientific observations with respect to the catches and
methods of operation. The Contracting Parties shall establish
procedures to facilitate such observations.
- The Contracting Parties agree to hold consultations whenever
necessary, or not later than sixty days following the request of any
of them, in order to review the implementation of this Convention.
- The Contracting Parties agree to hold consultations, at a time
and place to be mutually agreed upon, not later than ninety days
following notice by any Contracting Party of its intention to
terminate the Convention in accordance with the provisions of Article
XII, paragraph 1. of this Convention.
- This Convention shall continue in force 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,
whereupon it shall terminate as to all Contracting Parties.
- This Convention shall be subject to review by the Contracting
Parties upon the conclusion of a multilateral treaty resulting from
the Third United Nations Conference on the Law of the Sea.
- The following measures shall apply to salmon fishery operations
conducted by Japanese nationals and fishing vessels in the waters of
the Convention area:
- North of 56o North Latitude, east of 175o East Longitude and
outside the United States fishery conservation zone, beginning on June
26 (Japan Standard Time) (1500 June 25 GMT) of each year, the Japanese
mothership fishery shall conduct no more than 22 mothership fleet days
in the area between 175o East Longitude and 180o Longitude and no more
than 31 mothership fleet days in the area between 180o Longitude and
175o West Longitude.
- North of 46o North Longitude, between 175o East Longitude and
170o East Longitude, and outside the United States fishery
conservation zone, salmon fishery operations shall not begin before
June 1 (Japan Standard Time) (1500 May 31 GMT) of each year.
- West of 175o East Longitude, and within the United States fishery
conservation zone, salmon fishery operations shall not begin before
June 10 (Japan Standard Time) (1500 June 9 GMT) of each year. Fishing
vessels engaged in this fishery shall be required to have on board a
registration permit which shall be issued by the Government of the
United States. Such vessels may be required by the Government of the
United States to accept on board scientific observers and to bear the
expenses incurred in such boarding. The requirement of the Government
of the United States that Japanese fishing vessels engaged in this
fishery have on board a Certificate of Inclusion relating to the
incidental taking of marine mammals shall be suspended for the period
ending June 9, 1981 during which period the Government of Japan and
the United States shall conduct joint research, shall co-operate to
determine the effect of the Japanese salmon fishery on marine mammal
populations, and shall work to reduce or eliminate the incidental
catch of marine mammals in the fishery.
- Except for the areas specified in (a) above, there shall be no
salmon fishery operations east of 175o East Longitude, unless such
fishery operations are agreed to for a temporary period among the
three Contracting Parties.
- For the purposes of this Annex, a mothership fleet day is defined
as one mothership with no more than forty-one catcher-boats present
during a portion of any one calendar day in the areas specified in
paragraph 1. (a) of this Annex. Any increase in the number of catcher-
boats assigned to a mothership will be reflected in a proportional
reduction in the number of authorized fleet days. Modifications to
gear or fishing procedures which might affect current fishing
efficiency shall be undertaken only after consultations among the
three Contracting Parties. In such consultations the Contracting
Parties shall examine the necessity of change in the number of
authorized fleet days to take account of any increase in fishing
- East of 170o East Longitude the southern limit of the Japanese
mothership fishery and the northern limit of the Japanese landbased
fishery shall remain at 46o North Latitude. West of 170o East
Longitude the southern limit of the Japanese mothership fishery shall
not extend south of 46o North Latitude, and the northern limit of the
Japanese landbased fishery shall not extend north of 40o North
This Protocol shall be ratified or approved by the Contracting
Parties to the Convention in accordance with their respective
constitutional processes, and the instruments of ratification or
approval shall be exchanged as soon as possible at Tokyo. This
Protocol shall come into force on the date of the exchange by all the
Contracting Parties of instruments of ratification or approval.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their
respective Governments, have signed this Protocol.
DONE, in triplicate, in the English, French and Japanese languages
being equally authentic, at Tokyo this twenty-fifth day of April,
nineteen hundred and seventy-eight.