ECUADOR SEIZES US FISHING VESSELS

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-18-2-24-3
• Release Decision: RIFLIM
• Original Classification: S
• Document Page Count: 4
• Document Creation Date: January 11, 2017
• Document Release Date: October 20, 2011
• Sequence Number: 24
• Publication Date: November 10, 1971
• Content Type: MEMO

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
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 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