The proposed revised convention differs from the one now in force in
two principal regards. The first is a provision in Article I that
halibut taken incidental to fishing for other species of fish may be
retained and sold. The other principal change is to provide, under
Article III, a better means of closing the fishing season by setting
a date of last clearance for the Banks rather than a date for the
cessation of fishing. Both of these proposed changes have originated
with the fishing fleet as being desirable to facilitate their
operations and enforcement of the law. There are certain other
changes in the proposed convention which are required by the
insertion of the abovementioned new provisions or which have been
made in the interest of clarifying the meaning of provisions which
are contained in the present Convention.
The Department has given consideration to the report of the
International Fisheries Commission and favors the suggested changes
in the present Convention.
To the text of the draft submitted to the Department by the Secretary
of the International Fisheries Commission, which doubtless also is
in the hands of the interested Canadian officials, the Department
has added a preamble and a concluding paragraph and has made several
textual changes, as follows:
There is accordingly enclosed a draft of a new halibut convention
between the United States and Canada. You are instructed to transmit
a copy of the draft to the Dominion authorities for their
consideration, this Government of course reserving the privilege of
making suggestions for changes therein while the Canadian Government
has it under consideration. If and when final agreement is reached,
the Department will request the President to issue full powers for
the signing of the Convention at Ottawa. It is hoped that the
Canadian Government will be in a position to give the enclosed draft
prompt attention and that the Convention may be agreed upon and
signed in the near future so that it may be transmitted to the
Senate during the present session for its advice and consent to
ratification.
[Enclosure]
Draft of New Halibut Convention Between the
United States and Canada
The President of the United States of America,
And His Majesty the King of Great Britain, Ireland, and the
British dominions beyond the Seas, Emperor of India, in respect
of the Dominion of Canada,
Desiring to provide more effectively for the preservation of the
halibut fishery of the northern Pacific Ocean and Bering Sea,
have resolved to conclude a convention revising the convention
for the preservation of that fishery signed on their behalf at
Ottawa on May 9, 1930, and have named as their plenipotentiaries
for that purpose:
The President of the United States of America:
. . . . . . . . . . . . . .
[Page 827]
His Majesty, for the Dominion of Canada:
. . . . . . . . . . . . . .
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 of America 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 of America, including the southern as well
as the western coasts of Alaska, 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 of America and of the Governor
General of the Dominion of Canada, to suspend or change the
closed season provided for by this Article, as to part or all of
the convention waters, when it finds after investigation such
suspensions or changes are necessary, and to permit, limit,
regulate and prohibit in any area or at any time when fishing
for halibut is prohibited, the taking, retention and landing of
halibut caught incidentally to fishing for other species of
fish, and the possession during such fishing of halibut of any
origin.
It is understood that nothing contained in this Convention shall
prohibit the nationals or inhabitants or the fishing vessels or
boats of the United States of America or 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.
It is further understood that nothing contained in this
Convention shall prohibit the International Fisheries Commission
from conducting fishing operations for investigation purposes at
any time.
Article II
Every national or inhabitant, vessel or boat of the United States
of America or of the Dominion of Canada engaged in halibut
fishing in violation of this Convention or of any regulation
adopted under the provisions thereof may be seized except in the
territorial waters of the other party by the duly authorized
officers of either High Contracting
[Page 828]
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 for the preservation of the halibut fishery, signed
at Washington, March 2, 1923,35 and
continued under the Convention signed at Ottawa, May 9, 1930,
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 convention 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 of the High Contracting
Parties 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 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 President of the United
States of America and of the Governor General of the Dominion of
Canada, may, in respect of the nationals and inhabitants and
fishing vessels and boats of the United States of America and of
the Dominion of Canada, from time to time,
- (a)
- divide the convention waters into areas;
- (b)
- limit the catch of halibut to be taken from each area
within the season during which fishing for halibut is
allowed;
- (c)
- prohibit departure of vessels from any port or place,
or from any receiving vessel or station, to any area or
areas for halibut fishing, after any date when in the
judgment of the International Fisheries
[Page 829]
Commission the vessels
which have departed for that area prior to that date or
which are known to be fishing in that area shall suffice
to catch the limit which shall have been set for the
said area under section (b) of
this paragraph;
- (d)
- fix the size and character of halibut fishing
appliances to be used in any area;
- (e)
- make such regulations for the licensing and departure
of vessels and for the collection of statistics of the
catch of halibut as it shall find necessary to determine
the condition and trend of the halibut fishery and to
carry out the other provisions of this
Convention;
- (f)
- 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 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 for the
preservation of the halibut fishery signed at Ottawa May 9,
1930.
Article VI
This Convention shall be ratified in accordance with the
constitutional methods of the High Contracting Parties. The
ratifications shall be exchanged at . . . . . . . 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 . . . . . . . on the . . . . . day of . . . . . . ., in
the year one thousand nine hundred and . . . . . . .
