711.428/1329
The Minister in Canada (Phillips) to the Secretary of State
Ottawa, October 7, 1929.
[Received October
14.]
No. 1159
Sir: Referring to the Legation’s despatch No.
1109 of August 24, 1929,31 on the matter of the proposed convention
implementing the recommendations contained in the report of the
International Fisheries
[Page 67]
Commission created under Article III of the Halibut Fisheries Convention
between the United States and Great Britain concluded March 2, 1923, I
have the honor to report that I am now in receipt of note No. 128, dated
October 3, 1929, from the Department of External Affairs on this
question.
It will be observed from the note that the Canadian Government expresses
the view that, according to the wording of the second paragraph of
Article III in the draft presented by the Government of the United
States, the regulations which the Commission may make with the approval
of the Governor General of Canada and the President of the United States
might perhaps be taken to be limited to areas set apart and
reserved.
The communication states that it is not doubted that what the Commission
had in mind was that certain areas known in the industry as nurseries
and frequented mainly by young halibut should be set apart from all
fishing and that the remainder of the waters covered by the Convention
should be divided into areas so that the total quantity of halibut that
might be taken from any area in any one season might be defined and
controlled.
The Canadian Government in the note in question presents an amended draft
of the proposed Convention, and expresses its willingness to conclude
such a Convention at an early date, expressing the hope that the
Government of the United States will find the amended draft
acceptable.
I should be glad to be instructed as to what reply I should make to the
Canadian Government.
A copy of the note of the Canadian Government, as well as its enclosure,
being the amended draft of the proposed Convention, is transmitted
herewith enclosed for the information of the Department.32
I have [etc.]
[Enclosure—Extract]
Amended Draft of a New Convention Between Canada
and the United States for the Preservation of the Halibut
Fishery33
His Majesty the Bang of Great Britain, Ireland and the British
Dominions beyond the Seas, Emperor of India, and the President of
the United States of America, being equally desirous of securing the
preservation of the halibut fishery of the Northern Pacific Ocean
[Page 68]
and Bering Sea have
resolved to conclude a Convention for this purpose, and have named
as their plenipotentiaries:
His Majesty: for the Dominion of Canada, . . . . . . . . . .; and the
President of the United States of America: . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . ;
Who, after having communicated to each other their respective full
powers, found in good and due form, have agreed upon the following
articles:
. . . . . . . . . . . . . .
Article II
Every national or inhabitant, vessel or boat of the Dominion of
Canada or of the United States 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 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 His Britannic Majesty and the President of the United States
for the preservation of the halibut fishery of the Northern Pacific
Ocean and Bering Sea, concluded March 2, 1923, consisting of four
members, two appointed by each Party, which Commission shall make
such investigations as are necessary into the life history of the
halibut in the treaty waters and shall publish a report of its
activities from time to time. Each of the High Contracting Parties
shall have 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
[Page 69]
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 purposes of
protecting and conserving the halibut fishery of the Northern
Pacific Ocean and Bering Sea, the International Fisheries
Commission, with the approval of the Governor General of the
Dominion of Canada and of the President of the United States, may
- (a)
- divide the treaty waters into areas;
- (b)
- limit the catch of halibut to be taken from each
area;
- (c)
- fix the size and character of halibut fishing appliances
to be used therein;
- (d)
- make such regulations for the collection of statistics of
the catch of halibut including the licensing and clearance
of vessels, as will enable the International Fisheries
Commission to determine the condition and trend of the
halibut fishery by banks and areas, as a proper basis for
protecting and conserving the fishery;
- (e)
- close to all halibut fishing such portion or portions of
an area or areas, as the International Fisheries Commission
find to be populated by small, immature halibut.
. . . . . . . . . . . . . .
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 His Britannic Majesty
and the President of the United States for the Preservation of the
Halibut Fishery of the Northern Pacific Ocean including Bering Sea,
concluded March 2, 1923.
. . . . . . . . . . . . . .
