(Japanese Note)

　December 20, 1972

　Excellency,
I have the honor to refer to the consultation between the representatives of the Government of Japan and the Government of the United States of America held in Washington, D.C. from November 7 to November 27, 1972, concerning certain fisheries off the coast of the United Stats of America and to confirm on behalf of my Government the following understandings which shall replace the previous agreement contained in the exchange of notes on December 11, 1970:

1. The Government to Japan will take necessary measures to ensure that the nationals and vessels of Japan will not engage in fishing except such fishing as listed below in the waters which are contiguous to the territorial sea of the United States of America and extend to a limit of twelve nautical miles from the baseline from which the United States territorial sea is measured.

1) In the waters off the Bring Sea coast of the Aleutian Islands:

(a) between 165ﾟ and 166ﾟ45' West Longitude, dragnet and longline fishing and loading from December 1 to May 31 inclusive;

(b) between 166ﾟ45' and 169ﾟ West Longitude, dragnet and longline fishing and loading from February 16 to September 14 inclusive;

(c) between 169ﾟ and 172ﾟ West Longitude, dragnet and longline fishing and loading year-round;

(d) between 172ﾟ and 176ﾟ West Longitude, dragnet and longline fishing and loading from April 1 to October 31 inclusive;

(e) west of 176ﾟ West Longitude, dragnet fishing from May 1 to December 31 inclusive and longing fishing and loading year-round.

2) In the waters off the Pacific coast of the Aleutian Islands:

(a) between 166ﾟ and 169ﾟ West Longitude, longline fishing and loading from February 16 to September 14 inclusive;

(b) between 169ﾟ and 172ﾟ West Longitude, dragnet and longline fishing and loading year-round;

(c) between 172ﾟ and 178ﾟ30' West Longitude, dragnet fishing from July 1 to October 31 inclusive and longline fishing and loading from April 1 to October 31 inclusive;

(d) west of 178ﾟ30' West Longitude, dragnet fishing from May 1 to December 31 inclusive and longline fishing and loading year-round.

3) Tuna fishing in all waters except off the mainland of the continental United States of America (including Alaska), Puerto Rico, the Virgin Islands, Panama Canal Zone, and Hawaii, Maui, Molokai, Oahu, Kauai, Lanai, and Niihau of the Hawaiian Islands.

2. In addition to the areas of fishing listed in paragraph 1, the areas for loading operations by nationals and vessels of Japan in the waters which are contiguous to the territorial sea of the United States of America and extend to a limit of twelve nautical miles from the baseline from which the United Stats territorial sea is measured shall be as follows:

1) Near Destruction Island, Washington, in the waters between 47ﾟ36' North Latitude and 47ﾟ45' North Latitude.

2) Near Forrester Island, Alaska, in the waters bounded on the north by 54ﾟ54' North Latitude, on the east by 133ﾟ16' West Longitude, and on the south by 54ﾟ44' North Latitude.

3) On the east side of Kayak Island, Alaska, in the waters between 59ﾟ48' and 59ﾟ56' North Latitude west of 143ﾟ53' West Longitude and on the west side of Kayak Island in the waters between 59ﾟ52' and 60ﾟ07' North Latitude east of 145ﾟ West Longitude.

4) North of Tonki Cape on Afognak Island, Alaska, in the waters bounded on the north by 58ﾟ35' North Latitude, on the south by 58ﾟ25' North Latitude, on the south by 152ﾟ02' West Longitude and on the east by 151ﾟ 52' West Longitude.

5) On the west side of Sanak Island, Alaska, in the waters bounded on the north by 54ﾟ36' North Latitude, on the south by 54ﾟ26' North Latitude, on the west by 163ﾟ05' West Latitude and on the east by 162ﾟ40' West Longitude.

6) On the south side of Unalaska Island, Alaska, in the waters between 167ﾟ18' West Longitude and 167ﾟ40' West Longitude.

7) On the north side of Unalaska Island, Alaska, in the waters between 167ﾟ15' West Longitude and 167ﾟ30' West Longitude.

8) Off St. George Island of the Pribilof Islands, Alaska.

9) On the north side of St. Matthew Island, Alaska, in the Bering Sea in the waters between 172ﾟ29' West Longitude and 172ﾟ46' West Longitude, and on the south side of St. Matthew Island in the waters between 172ﾟ17' West Longitude and  172ﾟ35' West Longitude and in the waters between 172ﾟ54' West Longitude and 173ﾟ04' West Longitude.

3. Nothing in the present arrangements shall be deemed to prejudice the claims of either Government in regard to the jurisdiction of a coastal state over fisheries.

4. The present arrangements shall be effective as of January 1, 1973, and shall continue in effect until December 31, 1974, provided that in regard to the fishing as specified in paragraph 1 (1) (a), the present arrangements shall continue in effect until May 31, 1975.  At the request of either Government, representatives of the two Governments will meet at a mutually convenient time to consider the desirability of modifications of these arrangements.  The two Governments shall meet before December 31, 1974, to review the operation of the present arrangements and to decide on future arrangements.

　I have further the honor to propose that this note and Your Excellency's reply confirming the above understandings on behalf of your Government shall be regarded as constituting an agreement between the two Governments.

　I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

　(Signed) Nobuhiko Ushiba
Ambassador Extraordinary and Plenipotentiaty of Japan

　His Excellency
William P. Rogers
Secretary of State

(U.S. Note)

　December 20, 1972

　Excellency:
I have the honor to acknowledge receipt of Your Excellency's note of today's date, which reads as follows:

"(Japanese Note)"

　I have further the honor to confirm the above understandings on behalf of the Government of the United States of America and to agree that Your Excellency's note and this reply shall be regarded as constituting an agreement between the two Governments.

　Accept, Excellency, the renewed assurances of my highest consideration.

　(Signed) William P. Rogers
Secretary of State of the United States of America

　His Excellency
Nobuhiko Ushiba,
Ambassador of Japan.

(Japanese Note)

　December 20, 1972

　Excellency,
With reference to the notes exchanged today between Your Excellency and myself concerning certain fisheries off the coast of the United States of America, I have the honor to confirm, on behalf of the Government of Japan, the following understanding reached between the representatives of the two Governments concerning salmon fishing.

　With regard to the salmon fishing carried out in the waters which are contiguous to the territorial sea of the United States of America and extend to a limit of twelve nautical miles from the baseline from which the United States territorial sea is measured west of the provisional lines specified in the International Convention for the High Seas Fisheries of the North Pacific Ocean, each Government will pay due regard to the position maintained by the other with respect to the interpretation and implementation of the said Convention.

　I have further the honor to propose that this note and Your Excellency's reply confirming the above understanding on behalf of the Government of the United States of America shall be regarded as constituting an agreement between the two Governments.

　I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

　(Signed) Nobuhiko Ushiba
Ambassador Extraordinary and Plenipotentiary of Japan

　His Excellency
William P. Rogers
Secretary of State

(U.S. Note)

　December 20, 1972

　Excellency,
I have the honor to acknowledge receipt of Your Excellency's note of today's date, which reads as follows:

"(Japanese Note)"

　I have further the honor to confirm the above understanding on behalf of the Government of the United States of America and to agree that Your Excellency's note and this reply shall be regarded as constituting an agreement between the two Governments.

　Accept, Excellency, the renewed assurances of my highest consideration.

　(Signed) William P. Rogers
Secretary of State of the United States of America

　His Excellency
Nobuhiko Ushiba
Ambassador of Japan.

(Japanese Note)

　December 20, 1972

　Excellency,
I have the honor to refer to the arrangements set forth in the notes exchanged today between us concerning certain fisheries off the coast of the United States of America and to inform Your Excellency of the following:

　The Government of Japan will take necessary measures to ensure that, with a view to preventing conflict of fishing gear during periods of high concentration of such gear, nationals and vessels of Japan will not, during the duration of the above-mentioned arrangements, engage in the following fishing in the waters and during the periods specified below respectively:

1. Dragnet and longline fishing from August 15 to April 25 of the following year inclusive:

　Off Kodiak Island seaward of a limit of twelve nautical miles from the baseline from which the United States territorial sea is measured in the six areas bounded respectively by straight lines connecting in each of the following groups the coordinates in the order listed:

(i) North Latitude West Longitude

　57ﾟ15' 154ﾟ51'

　56ﾟ57' 154ﾟ34'

　56ﾟ21' 155ﾟ40'

　56ﾟ26' 155ﾟ55'

　57ﾟ15' 154ﾟ51'

(ii) North Latitude west Longitude

　56ﾟ27' 154ﾟ06'

　55ﾟ46' 155ﾟ27'

　55ﾟ40' 155ﾟ17'

　55ﾟ48' 155ﾟ00'

　55ﾟ54' 154ﾟ55'

　56ﾟ03' 153ﾟ36'

　56ﾟ03' 153ﾟ45'

　56ﾟ30' 153ﾟ45'

　56ﾟ30' 153ﾟ49'

　56ﾟ27' 154ﾟ06'

(iii) North Latitude West Longitude

　56ﾟ30' 153ﾟ49'

　56ﾟ30' 153ﾟ00'

　56ﾟ44' 153ﾟ00'

　56ﾟ57' 153ﾟ15'

　56ﾟ45' 153ﾟ45'

　56ﾟ30' 153ﾟ49'

(iv) North Latitude West Longitude

　57ﾟ05' 152ﾟ52'

　56ﾟ54' 152ﾟ52'

　56ﾟ46' 152ﾟ37'

　56ﾟ46' 152ﾟ20'

　57ﾟ19' 152ﾟ20'

　57ﾟ05' 152ﾟ52'

(v) North Latitude West Longitude

　57ﾟ35' 152ﾟ03'

　57ﾟ11' 151ﾟ14'

　57ﾟ19' 150ﾟ57'

　57ﾟ48' 152ﾟ00'

　57ﾟ35' 152ﾟ03'

(vi) North Latitude West Longitude

　58ﾟ00' 152ﾟ00'

　58ﾟ00' 150ﾟ00'

　58ﾟ12' 150ﾟ00'

　58ﾟ19' 151ﾟ29'

　58ﾟ00' 152ﾟ00'

2. Dragnet and longline fishing from September 15 to February 15 of the following year inciusive:

　Off Unimak Island seaward of a limit of twelve nautical miles from the baseline from which the United States territorial sea is measured in the area bounded by straight lines connecting the following coordinates in the order listed.

　North Latitude west Longitude

　54ﾟ10' 163ﾟ04'

　53ﾟ28' 166ﾟ00'

　54ﾟ00' 166ﾟ00'

　54ﾟ00' 165ﾟ00'

　54ﾟ33' 164ﾟ00'

　54ﾟ33' 163ﾟ04'

　54ﾟ10' 163ﾟ04'

3. Dragnet fishing during the period from three and three-fourths days before the opening hour of the halibut fishing season to three and one-half days after such opening hour in the following areas. Information as to the opening dates of the halibut fishing season shall be provided no less than one month in advance to the Government of Japan by the Government of the United States of America:

(1) The area bounded by straight lines connecting the following coordinates in the order listed:

　North Latitude   West Longitude

　59ﾟ28'       150ﾟ00'

　59ﾟ28'       147ﾟ41'

　58ﾟ30'       148ﾟ30'

　58ﾟ42'       150ﾟ20'

(2) The area bounded by straight lines connecting the following coordinates in the order listed:

　North Latitude   West Longitude

　58ﾟ05'       150ﾟ27'

　58ﾟ05'       148ﾟ47'

　57ﾟ40'       150ﾟ05'

(3) The area seaward of a limit of twelve nautical miles from the baseline from which the United States territorial sea is measured bounded by straight lines connecting the following coordinates in the order listed:

　North Latitude   West Longitude

　56ﾟ24'       156ﾟ30'

　56ﾟ18'       155ﾟ48'

　55ﾟ31'       156ﾟ04'

　55ﾟ30'       156ﾟ31'

4. Dragnet and longline fishing throughout the year in the waters off the coast of the State of Washington between 46ﾟ14' North Latitude and 46ﾟ56' North Latitude landward of the isobath of 110 meters.

5. Dragnet fishing during the period from March 28th 1500 hours to April 5th 0300 hours, or in the event the Government of Japan is informed by the Government of the United States of America no less than one month in advance of a change in the halibut fishing season, the period from three and three-fourths days before the opening hour to three and one-half days after the opening hour of such season in each of the following three areas respectively bounded by straight lines connecting the coordinates in the order listed:

　North Latitude   West Longitude

　(Polaris Grounds)

　55ﾟ04'       167ﾟ18'

　54ﾟ44'       166ﾟ14'

　54ﾟ30'       166ﾟ24'

　54ﾟ34'       167ﾟ14'

　54ﾟ50'       167ﾟ38'

　(Misty Moon Grounds)

　56ﾟ18'      170ﾟ24'

　56ﾟ20'      169ﾟ03'

　56ﾟ12'       168ﾟ46'

　55ﾟ56'       169ﾟ10'

　55ﾟ56'       170ﾟ24'

　(Corridor Grounds)

　58ﾟ32'       174ﾟ52'

　58ﾟ40'       174ﾟ20'

　57ﾟ02'       173ﾟ00'

　56ﾟ52'       173ﾟ44'

　I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

　(Signed) Nobuhiko Ushiba
Ambassador Extraordinary and Plenipotentiary of Japan

　His Excellency
William P. Rogers
Secretary of State

　AGREED MINUTES

　The representatives of the Government of Japan and the Government of the United States of America have agreed to record the following in connection with the notes exchanged today between Ambassador Ushiba and Secretary of State Rogers concerning certain fisheries off the coast of the United States of America and salmon fishing, and the note of Ambassador Ushiba of today's date concerning dragnet and longline fishing in certain waters:

1. It is agreed that for the purposes of the arrangements set forth in the above-mentioned notes the term "the United States of America" does not include the Trust Territory of the Pacific Islands.

2. The Japanese representative stated that fishing effort by Japanese nationals and vessels in the waters which are contiguous to the territorial sea of the United States of America and extend to a limit of twelve nautical miles from the baseline from which the United States territorial sea is measured (hereinafter referred to as "the Waters") would not exceed the level of 1966 and that, with respect to dragnet fishing in the Waters, there would be no marked change in the present method of operating the fishing gear.

3. It is recognized to be appropriate that, with respect to cases of gear conflict which may arise between the fisheries of the two countries, prompt consultation be held between the parties concerned as necessary in each case.

4. It is agreed that, with respect to areas of heavy concentration of fishing operations of both countries, each Government will take appropriate measures aimed at prevention of damage to fishing gear of the vessels of both countries, including measures for improvement of the means for marking fixed gear, measures to ensure that fixed gear is set with due regard for the operation of mobile gear and measures to ensure that vessels operating with mobile gear will operate with due regard for fixed gear.

5. It is recognized that it might not be possible to fully prevent parts of longlines used in the tuna fishery from unintentionally and accidentally drifting into that part of the Waters where the Japanese Government agrees to ensure that Japanese nationals and vessels will not engage in the tuna fishery. Such cases as described above, when verified by the circumstances, will not be regarded as infringements of the above-mentioned arrangements.

6. It is agreed that the respective Governments would take all possible measures to ensure that their nationals and vessels refrain from engaging in such harmful practices as would result in pollution of the seas and would have deleterious effects upon the health and well-being of the living resources thereof.

7. The Japanese representative stated that when fishing for tuna in areas adjacent to the United States coast Japanese tuna fishermen would not attempt to seek out concentrations of billfishes.

8. The Japanese representative stated that salmon fishing operations of nationals and vessels of Japan in the Waters would be conducted paying due regard to the conditions of the runs of salmon of Bristol Bay origin. The two Governments will hold consultations, if necessary, on the problem of fishing for salmon of Bristol Bay origin.

9. The Japanese representative took cognizance of the existing bilateral agreements between the United States and the Soviet Union and Poland with respect to certain species of fish in the Mid-Atlantic area on the high seas off the coast of the United States. The said representative stated that the target species of nationals and vessels of Japan operating in the area concerned consisted mainly of such species as butterfish, squid and argentine, species which are not covered by the said agreements, and that they would not harvest those particular species covered by the agreements to such an extent as to impair the objectives of the said agreements.

10. The Japanese representative stated that Japanese nationals and vessels engaged in fishing operations off the United States Atlantic coast north of Cape Hatteras have not heretofore engaged and will not engage in the future in intentional catching of lobster, and that the incidental catch of lobster has been small and will remain so.

　Washington, D.C., December 20, 1972

　FOR THE JAPANESE DELEGATION:
(Signed) Yutaka Nomura

　FOR THE UNITED STATES DELEGATION:
(Signed) Donald L. McKernan