Papers relating to the foreign relations of the United States, 1929, Volume II

711.428/1291

The Secretary of State to the Minister in Canada (Phillips)

Washington, May 29, 1929.

No. 548

Sir: Reference is made to your despatch No. 468, June 11, 1928,³⁰ on the subject of the first report of the International Fisheries Commission created under Article III of the Halibut Fisheries Convention between the United States and Great Britain concluded March 2, 1923.

This Government is now prepared to conclude a convention implementing the recommendations contained in the report of the International Fisheries Commission. There is enclosed a draft of a proposed convention. This draft is word for word the same as the convention between the United States and Great Britain concluded at Washington March 2, 1923, excepting the portions underscored. The underscored portions of the draft denote amendments and are confined substantially to Articles I and III. Underscored alterations elsewhere in the draft are believed to be self-explanatory. The following comment is made on the alterations contained in Articles I and III:

Article I

• Paragraph 1. The closed season provided by the convention now in force will be modified by the new convention, and will begin on the first day of November in lieu of the sixteenth day, thereby increasing the closed season fifteen days; this period covers the spawning season and it is particularly desirable during this time to have the fishing areas closed.
• Paragraph 2. Under the convention now in force, the International Fisheries Commission can not modify the closed season when occasion warrants it. It can only be done by a new convention. The proposed convention gives the International Fisheries Commission authority, subject to the approval of the President of the United States and the Governor-General of Canada, to open up certain fishing areas during this period when the Commission is of the opinion that such areas could be opened without materially affecting the conservation policy.
• Paragraph 4. The International Fisheries Commission will have to carry on fishing operations for investigational purposes in order to perform efficiently its functions under the convention. The last paragraph of Article II was inserted in order to make it clear that the International Fisheries Commission is not prohibited from fishing for the purposes stated, between November 1 and February 15.

Article III

• Paragraph 1. Provision is made for the continuation of the International Fisheries Commission, both as such, and as to personnel. There is no intention to effect a change in either. Since it is probable that this convention will be of longer duration than the 1923 convention, provision is made for the filling of vacancies in the Commission membership.
• Paragraph 2. It may be stated that this paragraph comprises the core of the new convention. It contains technical provisions which are calculated to give flexibility to the administration of the halibut conservation policy adopted by the United States and Canada. The only practicable means of obtaining the desired flexibility is by placing the power to regulate the fishing in the International Fisheries Commission, subject to the approval of the President of the United States and the Governor-General of Canada. Identical regulations for the two countries are thus assured, and possible arbitrary action by the Commission is guarded against sufficiently by vesting approval of the Commission’s action in the executives. This paragraph authorizes the International Fisheries Commission to subdivide the area over which the convention applies for the purpose of separate treatment in administration. Regulation of the halibut fishing will differ in the subdivided areas according to the peculiar conditions of those areas. The Commission will have the authority, subject to the approval of the President and Governor-General, to close certain areas indefinitely to halibut fishing, to prevent the present use of destructive fishing gear, to license and clear vessels engaged in halibut fishing in the treaty waters, and to obtain information in regard to the catch.

The draft submitted herewith has the endorsement of the Bureau of Fisheries of this Government and the International Fisheries Commission. Moreover, the draft in its present form would seem to have fair prospect of receiving official approval of the Canadian Government, inasmuch as Mr. Found, of the Department of Marine and Fisheries of the Dominion Government, as a member of the International Fisheries Commission, has informally approved the draft.

You are instructed to transmit the enclosed draft to His Majesty’s Government in Canada for its consideration. A copy of the draft has also been sent to the Canadian Minister in Washington.

I am [etc.]

Henry L. Stimson

[Enclosure]

Draft of a New Convention Between the United Stated and Great Britain for the Preservation of the Halibut Fishery

The President of the United States of America and His Majesty the King of Great Britain, Ireland, and of the British Dominions beyond the Seas, Emperor of India, for and in respect of the Dominion of Canada, being equally desirous of securing the preservation of the halibut fishery of the Northern Pacific Ocean have resolved to conclude a Convention for this purpose, and have named as their plenipotentiaries:

The President of the United States of America:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; and His Majesty: . . . . . . . . . . . . . . . . . . . . . .;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles:

Article I

The nationals and inhabitants and fishing vessels and boats, of the United States and of the Dominion of Canada, respectively, are hereby prohibited from fishing for halibut (Hippoglossus) both in the territorial waters and in the high seas off the western coasts of the United States, including Bering Sea, and of the Dominion of Canada, from the first day of November next after the date of the exchange of ratifications of this Convention, to the fifteenth day of the following February, both days inclusive, and within the same period yearly thereafter.

The International Fisheries Commission provided for by Article III is hereby empowered, subject to the approval of the President of the United States and the Governor General of the Dominion of Canada, to suspend or modify the closed season provided for by this article, as to part or all of the convention waters, when it finds after investigation such changes are necessary.

It is understood that nothing contained in this article shall prohibit the nationals or inhabitants and the fishing vessels or boats of the United States and of the Dominion of Canada, from fishing in the waters hereinbefore specified for other species of fish during the season when fishing for halibut in such waters is prohibited by this Convention or by any regulations adopted in pursuance of its provisions. Any halibut that may be taken incidentally when fishing for other fish during the season when fishing for halibut is prohibited under the provisions of this Convention or by any regulations adopted in pursuance of its provisions may be retained and used for food for the crew of the vessel by which they are taken. Any portion thereof not so used shall be landed and immediately turned over to the duly authorized officers of the Department of Commerce of the United States or of the Department of Marine and Fisheries of the Dominion of Canada. Any fish turned over to such officers in pursuance of the provisions of this article shall be sold by them to the highest bidder and the proceeds of such sale, exclusive of the necessary expenses in connection therewith, shall be paid by them into the treasuries of their respective countries.

It is further understood that nothing contained in this article shall prohibit the International Fisheries Commission from conducting fishing operations for investigation purposes during the closed season.

Article II

Every national or inhabitant, vessel or boat of the United States or of the Dominion of Canada engaged in halibut fishing in violation of the preceding article may be seized except within the jurisdiction of the other party by the duly authorized officers of either High Contracting Party and detained by the officers making such seizure and delivered as soon as practicable to an authorized official of the country to which such person, vessel or boat belongs, at the nearest point to the place of seizure, or elsewhere, as may be mutually agreed upon. The authorities of the nation to which such person, vessel or boat belongs alone shall have jurisdiction to conduct prosecutions for the violation of the provisions of this Convention, or any regulations which may be adopted in pursuance of its provisions, and to impose penalties for such violations; and the witnesses and proofs necessary for such prosecutions, so far as such witnesses or proofs are under the control of the other High Contracting Party, shall be furnished with all reasonable promptitude to the authorities having jurisdiction to conduct the prosecutions.

Article III

The High Contracting Parties agree to continue under this Convention the Commission as at present constituted and known as the International Fisheries Commission, established by the convention between the United States and His Britannic Majesty for the Preservation of the Halibut Fishery of the Northern Pacific Ocean including Bering Sea, concluded March 2, 1923, consisting of four members, two appointed by each party, and this commission shall publish a report of its activities from time to time. Each of the High Contracting Parties shall have the power to fill, and shall fill from time to time, vacancies which may occur in its representation on the Commission. Each party shall pay the salaries and expenses of its own members, and joint expenses incurred by the Commission shall be paid by the two High Contracting Parties in equal moieties.

The High Contracting Parties agree that for the purpose of protecting and conserving the halibut fishery of the Northern Pacific Ocean, the International Fisheries Commission, with the approval of the President of the United States and of the Governor General of the Dominion of Canada, from time to time may designate fishing areas in any of the convention waters, and within such areas may establish seasons during which fishing may be limited or prohibited as it may prescribe. Under this authority to regulate fishing in any area so set apart and reserved, the Commission, with the approval of the President of the United States and of the Governor General of Canada, may (a) fix the size and character of trawls, boats or other gear and appliances to be used therein; (b) limit the catch of fish to be taken from any area; (c) make such regulations as to time, means, methods and extent of fishing as may be deemed desirable; (d) make such regulations for the collection of statistics of the catch, including the licensing and clearance of vessels, as will enable the Commission to determine the condition and trend of the fishery by banks and areas as a proper basis for protecting and conserving the fishery.

Article IV

The High Contracting Parties agree to enact and enforce such legislation as may be necessary to make effective the provisions of this Convention and any regulations adopted thereunder, with appropriate penalties for violations thereof.

Article V

The present Convention shall remain in force for a period of five years and thereafter until two years from the date when either of the High Contracting Parties shall give notice to the other of its desire to terminate it.

This Convention shall, from the date of the exchange of ratifications be deemed to supplant the Convention between the United States and His Britannic Majesty for the Preservation of the Halibut Fishery of the Northern Pacific Ocean including Bering Sea, concluded March 2, 1923.

Article VI

This Convention shall be ratified in accordance with the constitutional methods of the High Contracting Parties. The ratifications shall be exchanged in Washington as soon as practicable, and the Convention shall come into force on the day of the exchange of ratifications.

In faith whereof, the respective plenipotentiaries have signed the present Convention in duplicate, and have hereunto affixed their seals.

Done at . . . . . . . . . . the . . . . . day of . . . . . . . . . . . . . . , in the year one thousand nine hundred and twenty-nine.

30. Not printed.