880 



SECTION VI 



Ajjplication of Fisheries Agreements 



1. At the request of either Government, the Board shall consider 

 questions arising out of the application of the provisions of a bilateral 

 fisheries agreement in force between the two Governments or claims 

 by either Government that vessels flying the flag of the other Govern- 

 ment have violated any such provision. 



2. Upon receiving from one Government written notice of a question 

 or claim, including details of the incident and the identity of the 

 persons or vessels involved, the Board shall immediately notify the 

 other Government and commence an inquiry into the matter. The 

 Board shall consider such information and documents as the Govern- 

 ments may submit, and may make such requests in this regard as may 

 be necessary. At the request of either Government, the Board shall 

 convene a hearing, at which both Governments shall be represented. 



3. Both Governments undertake to facilitate the Board's considera- 

 tion and investigation of questions and claims. 



4. On the basis of its consideration and investigation of the question. 

 or claim, the Board shall prepare a report containing its findings as to v 



(a) the facts giving rise to the question or claim ; 



(b) the nature and extent of the violation, if any ; and 



(c) if appropriate, recommended procedures for avoiding diffi- 

 culties or violations in the future. 



5. If the Board does not unanimously adopt the report, the report 

 shall include one or more statements by the dissenting members. 



6. The two Governments will give good faith consideration to the 

 reports of the Board in determining whether remedial action is appro- 

 priate and shall report in writing to the Board w^ithin three months' 

 after the Board's report regarding action taken to implement the find- 

 ings. In the event either receiving Government is unable to comply 

 with one or more of the Board's recommendations, it shall inform the 

 Board and the other Government of the reasons therefor in its report. 



7. The Board may join proceedings under this Section with proceed- 

 ings under Section III, if the claims and questions arise out of the same 

 incident, without prejudice to the right of each party or Government to 

 present evidence and argimients with or without counsel. 



8. The Board's report and the report of each Government shall be- 

 published in the form agreed by the Board. 



SECTION vn 

 Applicable Laio 



In all proceedings under this Annex the Board shall apply : 



(a) interi|ational conventions, whether general or particular^ 

 establishing rules expressly recognized by the two Governments, 

 including bilateral and multilateral agreements between the two 

 Governments dealing with fisheries and maritime matters 

 generally ; 



(b) international custom, as evidence of a general practice ac- 

 cepted as law ; 



(c) the general principles of law recognized by nations: 



