Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
January 11, 2017
Document Release Date: 
October 20, 2011
Sequence Number: 
Case Number: 
Publication Date: 
November 10, 1971
Content Type: 
PDF icon LOC-HAK-18-2-24-3.pdf170.76 KB
No Objection to Declassification in Full 2012/05/14 : LOC-HAK-18-2-24-3 ~~~~ NATIONAL SECURITY COUNCIL INFORMATION Novexx~.ber 10, ~ 971 1:30. p. xxx. ~AIC has ~e~u MEMORANDUM I~'"aR: DR, K1~STNGER FROM: ON FILE COMMERCE WAIVER INSTRUCTIONS APPLY ARNOLD NA.CI~MANOFF ~~ SUBJEGT: Ecuadar Seizes US Fishing Vessels We have been informed by the State Department that industry sources re- part the seizure of four ox five US fishing vessels off the coast of Ecuador. According to the report,. the vessels are en~aute to the port of Salinas under escort. Sorne pf the boats reportedly have licenses. As you know, Ecuadar had indicated there would be restraint with regard to seizures through September 30, but the new Foreign Minister refused to confi~?m those assurances and indicated there would be no restraint subsequently. We do not knave whether today's seizures simply resulted from the fislxing fleet's moving south into Ecuadorean waters fallowing the migxating 1;una, ax whether the seizures indicate a deliberate decision by the GOE to take a provocative appxoach. The Coxrzxnander of the Ecuadorean I~.vy, a moderate an the fishing issue, was replaced several days ago, and it is possible that the n.ew Navy Caxrxrnander is establishing his nationalistic credentials. These seizures raise the question of whether we should ga ahead with the scenario outlined in NSDM 139 (Tab A) designed to' reopen g,uadxipar- tite negotiations with the CEP powers on fishing. .Jack Stevenson and Charlie Meyer feel there is even more reason now to try and defuse this issue by going through with the scenario, l agree. We had intended that Counsellor Finch and Meyex would put the scenario into effect during their xraeeting with President Velasco in Ecuadar Monday. I believe they should ga ahead, Irx the meantime, 1 have suggested to Meyer that our Ambassador. go directly to President Velasco, ixxfarx~. hixxa that Finch and Meyer will havE a new proposal on fishing to discuss with him. which we believe will be mutually beneficial, and emphasize the importance of cooling it, at least until after he has had a chance to talk to Finch and Meyex. He should urge Velasco to release the boats seized without fine (which would be norxx~al if in fact they have licences) and prevent further seizures pezxding the Finch visit. NSS/NSC, DOS, OSD Reviews Completed No Objection to Declassification in Full 2012/05/14 : LOC-HAK-18-2-24-3 No Objection to Declassification in Full 2012/05/14 : LOC-HAK-18-2-24-3 .. ~ SECRET ~ - 2 We will send you axxother status report after the situation clarifies, with recamxxiendatians fox yaur invalvexa~ent if necessary. cc: Marshall Wright No Objection to Declassification in Full 2012/05/14 : LOC-HAK-18-2-24-3 No Objection to Declassification in Full 2012/05/14 : LOC-HAK-18-2-24-3 NATIC)NAL. SECURITY COUNCIL: wasHi~vcraN, o.c. sosoe SECRET November 5, 1871 N'atianal Security Decision Memorandum 13R TO: The Secretary of State The Secretary of Defense The. Secretary of Commerce SUBJECT: Fishing Negotiations with. Chile, Ecuador and Peru The President has considered the Ad Hac Group Report submitted. pursuant to NSDM 122 and the accompanying rrxemarandum from the Department of State and the. memorandum, from the Departments of Defense and Commerce of October 4, 1971. He has decided that an effort should be made tp reach an interim agreement with Chile, Ecuador and Peru on U. S. tuna fishing off their coasts pending the xesu.lts of the U. N, Law o? the Sea Conference. _ Accordingly, the President has directed that we seek to enter into w negotiations with Chile, Ecuador and Peru for an interim agreement, ---r~se~ving our positions until a fixed time after the 1973 Law of the Sea Conference. Specifically: ?-?=----=-As a prelude to negotiations, we should seek to abtaizi assurances from Ecuador and Peru that they will refrain from seizing U. S. fishing boats pending ox during negatia- tions, If assurances are obtained, we would lift the ban on Foreign Military Sales. -- In the negotiations, the' U. S. should work far an arrangement under which U. S. fishermen would purchase coastal state ~~~ licenses under protest, with assurances regarding license availability, fees, and no additional restrictions, with ~~li.cense fees to be paid into an escrow fund. The interim arxangernent would terrrxinate within a fixed time after the La.w of the Sea Conference, regardless of the Conference outcome, and the disposition of the escrow fund would he negotiated in ligl~t of the. results of the. Conference. SECRET ~._.~.~._..".~'_' r No Objection to Declassification in Full 2012/05/14 : LOC-HAK-18-2-24-3 No Objection to Declassification in Full 2012/05/14 : LOC-HAK-18-2-24-3 SEGRET ~. - ~ -- Efforts will~be made. during .these. negotiations to obtain a public staternept or private assurances by Chile, Ecuador and .Peru that they recognize and accept the importance of free navigation and overflight beyond 12 miles and free transit through and over straits, and their support for this position in the 1973 Law of the Sea Conference. -- To initiate such discussions, the Department of State is authorized to take any appropriate measures, including an approach. to the Ecuadorian President. The President also has directed that the. Department of State, in conjunc- ~tion with the Departments of Defense and Commerce, consult with .appropriate members of Congress and representatives of the fishing industry concerning our negotiating objectives in respect to fisheries and the assurances we will seek as a basis for a resumption of Foreign Military Sales. If negotiations succeed, the Executive Branch will propose legislation to provide reimbursement far license fees. Should the talks fail to be held, or. the initial round of talks not succeed but appear promising, the President will consider further action or instructions. .._ ?-cc: The Secretary of Interior. The Secretary of Transportation The Director of Central Intelligence The Chairman, Joint Ghiefs of Staff J The Assistant to the President far International Economic Affairs SF~"R ~m ""'~ No Objection to Declassification in Full 2012/05/14 : LOC-HAK-18-2-24-3