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Agreement between the Government of the United States of America and the Government of The French Republic on Matters relating to Fishing in the Economic Zones of the French Overseas Territories New Caledonia and Wallis and Futuna Islands [1991] PITSE 3 (1 March 1991)

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE FRENCH REPUBLIC ON MATTERS RELATING TO FISHING IN THE ECONOMIC ZONES OF THE FRENCH OVERSEAS TERRITORIES NEW CALEDONIA AND WALLIS AND FUTUNA ISLANDS

(Washington, 1 March 1991)

ENTRY INTO FORCE: 1 NOVEMBER 1991

THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE FRENCH REPUBLIC,

REFERRING to the meetings that were held recently between representatives of the two countries on matters relating to fishing in the economic zones of the French Overseas Territories of New Caledonia and Wallis and Futuna Islands,

HAVE AGREED AS FOLLOWS:

Article I

Fishing conducted by U.S. nationals and U.S. flag vessels in the zones established by law Nos. 76-655 of July 16, 1976, regarding the economic zone off the coasts of the territory of the French Republic, and by decrees Nos. 78-142 and 78-145 of February 3, 1978, creating an economic zone off the coasts of the territory of New Caledonia and the territory of Wallis and Futuna Islands, shall be in accordance with the provisions of this Agreement.

These zones, hereinafter referred to as "the zones", are subject to the fisheries jurisdiction of the French Republic.

Concerning New Caledonia, fishing activities by U.S. nationals and U.S. flag vessels are not authorized in areas the boundaries of which shall be provided by the Government of the French Republic.

Article II

The competent French authorities shall issue licenses valid for periods to be determined annually, authorizing U.S. flag vessels to fish in the zones concerned, subject to the prior payment of a fishing fee.

Article III

The Government of the United States of America shall encourage cooperative measures aimed at developing the fisheries industry in the territories concerned.

Article IV

1. The Government of the United Sates of America shall take appropriate measures, in accordance with its laws and regulations, to prevent any U.S. flag vessel from fishing in the zones without a license, as set forth in the provisions of this Agreement, and so that the vessels so licensed abide by the applicable fishing laws and regulations of the French Government, in particular decree No. 78-963 of September 19, 1978, as amended, the provisions of this Agreement, and the conditions stipulated in the license.

2. The Government of the French Republic shall inform the Government of the United States of America in advance of all applicable laws and regulations, as well as the terms and conditions stipulated by the license mentioned in the previous paragraph.

Article V

If U.S. flag vessels are seized or their crews arrested, the competent French authorities shall immediately inform the Government of the United States of America of such action. In such cases, both parties shall abide by the principles of international law as reflected, inter alia, in the 1982 Law of the Sea Convention. n1

Article VI

1. The two Governments shall consult, at the request of either party, with respect to the application of this Agreement.

2. The Governments will cooperate at the international level in the area of fisheries, in particular in the context of international organizations involved in fisheries. This cooperation shall apply to the management and rational use of fisheries resources, in particular with respect to fishing practices that pose a threat to resource conservation.

Article VII

This agreement shall enter into force on November 1, 1991. It shall remain in force until it is terminated by either Government upon prior notification at least three months before the end of the current fishing year as agreed by the two Governments. Such termination shall be effective on the last day of the fishing year.

The terms and conditions necessary to implement this Agreement shall be established jointly each year by the parties.

IN WITNESS WHEREOF, the undersigned, duly authorized for this purpose by their respective Governments, have signed this Agreement in duplicate, in the English and French languages, both texts being equally authentic.
 
Done at Washington, this First day of March, 1991.

SIGNATORIES: