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Exchange of Notes (April 2 and 26, 1968) between the Government of Canada and the Government of Norway concerning the Scheme of Joint Inspection of Sealing on the "Front" Area, Newfoundland [1968] CATSer 3 (26 April 1968)

E103260 - CTS 1968 No. 11

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF NORWAY CONCERNING THE SCHEME OF JOINT INSPECTION OF SEALING ON THE "FRONT" AREA, NEWFOUNDLAND

I

The Canadian Ambassador to Norway to the Minister of Foreign Affairs of Norway

CANADIAN EMBASSY

April 2, 1968

His Excellency the Minister of Foreign Affairs John Lyng,
The Royal Norwegian Ministry of Foreign Affairs,
Oslo l, DEP

Excellency,

I have the honour to refer to discussions between officials of our two governments for a scheme of joint inspection of sealing operations conducted on the "front" area in the North West Atlantic Ocean by Norwegian and Canadian vessels.

I have the honour to propose that, to ensure the application of the sealing regulations enacted by Canada and Norway, a scheme of joint inspection be carried out in accordance with the principles, conditions and procedures specified in the Annex to this Note. If the principles, conditions and procedures contained in the Annex to this Note are acceptable to your government, I have the honour to propose that this Note which with its Annex, is authentic in English and French, and your reply to that effect shall constitute an agreement between our two governments which shall enter into force on the date of your reply, to be effective from March 22, 1968 and which shall continue in force until terminated by either party upon notice to the other, which notice shall be given not less than six months prior to the opening of the next ensuing season.

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

J. P. Sigvaldason

Ambassador

Oslo, April 1, 1968

ANNEX I

AGREEMENT BETWEEN CANADA AND NORWAY TO ENSURE APPLICATION OF THE SEALING REGULATIONS ENACTED BY CANADA AND NORWAY, AN ARRANGEMENT FOR JOINT INSPECTION HAS BEEN AGREED UPON AS FOLLOWS:

1. Inspection shall be carried out by inspectors of the Control Services of the two parties, we shall notify each other of the names of the inspectors participating in the joint inspection and the names of the vessels carrying these inspectors.

2. The inspectors shall carry a document of identity supplied by the authorities of their respective countries.

3. The duty of inspectors is to ensure compliance with Sealing Regulations of both parties in force from time to time and to observe and report any violations.

4. It is understood and agreed that an inspector of one party may board a vessel flying the flag of the other party only with the consent of the Master of the vessel.

5. Inspections shall be made so that the vessel suffers the minimum interference and inconvenience. An inspector shall limit his enquiries to the ascertainment of the facts in relation to the observance of the Regulations of the flag state of the vessel concerned and may ask the Master for any assistance for that purpose.

6. The inspector shall draw up a report of his inspection including a description of any infringement of the Regulations observed. When inspection takes place on board a sealing vessel the inspector shall sign the report in the presence of the Master and copies shall be given to him. The Master of the vessel shall be entitled to add or have added to the Report any observations which he may regard suitable and he must sign such observation. The inspector shall forward his reports as soon as possible to the appropriate authority of the flag state of the sealing vessel and send a copy to his national authority.

For the purposes hereof the appropriate authorities are: The Regional Director of Fisheries, St. Johns, Newfoundland, The Directorate of Fisheries, Bergen, Norway.

7. The inspectors shall remain at all times under the operation control of their national authorities. The extent of the inspection under this scheme, and the instructions to inspectors shall be based upon mutual understanding, and the inspectors of the two parties shall co-operate as far as practicable.

8. The two parties shall consider and act on reports of inspectors of the other party on the same basis as reports of their own inspectors.

9. Inspectors shall report to the appropriate authorities of both parties mentioned in paragraph 6 any occasions on which the Master of the vessel refused to permit an inspector aboard, and shall identify the vessel.

10. It is understood that these arrangements will apply only to areas outside the national fishery limits and will not affect the rights, claims and views of the parties hereto in regard to the limits of territorial waters and fishing zones.

II

The Minister of Foreign Affairs of Norway to the Ambassador of Canada to Norway

ROYAL NORWEGIAN MINISTRY OF FOREIGN AFFAIRS

Oslo, April 26, 1968.

His Excellency Monsieur J. P. Sigvaldason,
Ambassador of Canada,
Oslo

Excellency,

I have the honour to acknowledge receipt of Your Excellency's Note of April 2, 1968, which reads as follows:

"I have the honour to refer to discussions between officials of our two governments for a scheme of joint inspection of sealing operations conducted on the "front" area in the North West Atlantic Ocean by Norwegian and Canadian vessels.

I have the honour to propose that, to ensure the application of the sealing regulations enacted by Canada and Norway, a scheme of joint inspection be carried out in accordance with the principles, conditions and procedures specified in the Annex to this Note. If the principles, conditions and procedures contained in the Annex to this Note are acceptable to your government, I have the honour to propose that this Note which with its Annex, is authentic in English and French and your reply to that effect shall constitute an agreement between our two governments which shall enter into force on the date of your reply, to be effective from March 22, 1968 and which shall continue in force until terminated by either party upon notice to the other, which notice shall be given not less than six months prior to the opening of the next ensuing sealing season.

Accept, Excellency, the renewed assurance of my highest consideration."

In reply, I have the honour to inform Your Excellency that this proposal is acceptable to the Government of Norway who will regard Your Excellency's Note with its Annex and this reply as constituting an Agreement between our two Governments.

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

John Lyng

Minister of Foreign Affairs