Later in 1987, the United States and Japan re-initiated 

 negotiations to arrange for the placement of U.S. observers on 

 the squid fishing vessels. Concurrent with bilateral salmon 

 talks, discussions were initiated concerning a pilot observer 

 program in that fishery. In November 1987 and February and March 

 1988, U.S. and Japanese representatives, scientists, and 

 technical specialists held further consultations and, in April 

 1988, an exchange of letters was made outlining a squid driftnet 

 fishery pilot observer program for the 1988 fishing season. 



The 1988 exchange of letters between U.S. and Japanese 

 representatives called for a pilot program in the high seas squid 

 driftnet fishery that included, among other things: placement of 

 scientific observers; exchange of field data; and collection of 

 incidental take data with respect to marine mammals, salmon, and 

 other non-target finfish, seabirds, and marine turtles. The 

 agreement was contingent upon Japan's ability to operate the 

 mothership salmon fleet within the U.S. Exclusive Economic Zone 

 in 1988. When the Federation's general permit was invalidated by 

 the courts in Kokechik Fishermen ' s Association v. Secretary of 

 Commerce , operation of the Japanese mothership salmon fishery 

 within U.S. waters was prevented. As a result, Japan withdrew 

 from the agreement and the United States was no longer permitted 

 to place observers on either Japanese salmon or squid driftnet 

 vessels. 



The Driftnet Impact Monitoring, Assessment and Control Act of 

 1987 



Because of concerns over the impact of driftnet fisheries on 

 U.S. salmon stocks and other marine resources, the Driftnet 

 Impact Monitoring, Assessment, and Control Act (the Driftnet Act) 

 was enacted by the United States in 1987. Among other things, 

 the Act directs the Department of State, in conjunction with the 

 National Oceanic and Atmospheric Administration, to negotiate 

 agreements with those countries conducting high seas driftnet 

 fisheries in the North Pacific Ocean to obtain "statistically 

 reliable cooperative monitoring and assessment of the numbers of 

 marine resources of the United States killed and retrieved, 

 discarded, or lost by the foreign government's driftnet fishing 

 vessels." The Act stipulates that failure of a driftnet fishing 

 nation to enter into and implement an "adequate" monitoring and 

 assessment agreement by 29 June 1989 would result in certifi- 

 cation of that nation and possible imposition of sanctions under 

 the Pelly Amendment to the Fishermen's Protective Act of 1967. 



In 1988, in the wake of the Kokechik decision and the 

 nullification of the pilot observer program for the Japanese 

 squid fishery, the Secretary of Commerce and the Secretary of 

 State entered into negotiations with representatives of Japan, 

 Taiwan, and the Republic of Korea. In the spring of 1989, the 

 Department of State announced that it had reached an ad 



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