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Exchange of Notes constituting an Agreement between the Government of Canada and the Government of the United Kingdom concerning Fisheries Relations between the two Countries [1972] CATSer 5 (27 March 1972)

E103473

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED KINGDOM CONCERNING FISHERIES RELATIONS BETWEEN THE TWO COUNTRIES

I

The Secretary of State for External Affairs of Canada to the British High Commissioner

DEPARTMENT OF EXTERNAL AFFAIRS
CANADA

OTTAWA, March 27, 1972

No. FLO-282

His Excellency Sir Peter Hayman, K.C.M.G., C.V.O., M.B.E.
British High Commissioner
Ottawa

Excellency,

I have the honour to refer to the discussions which have taken place between representatives of our Governments in Ottawa concerning the amendments of June 26, 1970, to the Territorial Sea and Fishing Zones Act of Canada, and the designation, by Order in Council P.C. 1971-366 of February 25, 1971, of certain areas of the sea adjacent to the coast of Canada as fishing zones of Canada. In accordance with the understanding reached in these discussions, the Canadian Government proposes the following arrangements with respect to British fishing practices off the Atlantic coast of Canada:

(1) British fishing vessels may continue, until January 1, 1978, to fish in that part of the outer nine miles of the territorial sea of Canada which is specified in annex A to this note, subject to the provisions of subparagraphs (3), (4), (5) and (6) of this paragraph. The territorial sea on the Atlantic coast of Canada shall be measured from base-lines as determined by the provisions of Annex B to this note.

(2) British fishing vessels may continue, until January 1, 1973, to fish in that part of Zone 1 (Gulf of St. Lawrence) of the fishing zones of Canada which is specified in Annex A to this note, subject to the provisions of sub-paragraphs (3), (4) and (5) of this paragraph. The fishing zones on the Atlantic coast of Canada shall be those designated in Order in Council P.C. 1971-366 of February 25, 1971, as set out in Annex C to this note.

(3) British fishing vessels may fish for cod and haddock (but may retain other species caught incidentally such as flounder and halibut) in the areas and for the periods as set out in sub-paragraphs (1) and (2) of this paragraph.

(4) If at any time before the first day of January, 1978, the Canadian Government considers that there has been a fundamental change in the intensity, character and pattern of the fishing carried on by British fishing vessels in the territorial sea and fishing zones on the Atlantic coast of Canada, as set out in sub-paragraphs (1) and (2) of this paragraph, the Canadian Government may raise the matter with the British Government and the two Governments shall together review the situation.

(5) British fishing vessels shall be subject, without discrimination, to the same laws and regulations as Canadian fishing vessels while operating within the outer nine miles of Canada's territorial sea or within that part of Zone 1 of the fishing zones of Canada as set out in sub-paragraph (2) of this paragraph. The Canadian authorities shall inform the British authorities of the fisheries regulations applicable to such areas. On transmission from the Canadian authorities, the British Government shall make known to its nationals these laws and regulations with a view to ensuring their strict observation. Before the expiration of the periods of time referred to in sub-paragraphs (1) and (2) above respectively, the Canadian Government shall not, after the 27th day of March, 1972, without the agreement of the British Government, change the existing laws and regulations previously made known to the British Government in a manner which would have the effect of curtailing the areas in which British fishing vessels could, in practice, fish pursuant to these arrangements.

(6) The Canadian authorities will give the British authorities advance notice of particular areas and periods during which concentrations of gear are probable within the outer nine miles of the territorial sea of Canada:

(a) from Cape Gabarus northward to Cape North (Cape Breton Island, Nova Scotia); and

(b) from Lamaline Shag Rock passing east and north to Gull Island, Newfoundland.

The British authorities will transmit any such information to British vessels likely to fish in the area and will request such vessels, before actually fishing, to establish communication, as appropriate, with the regional fisheries office of the Canadian Government in Halifax, Nova Scotia, or St. John's, Newfoundland, to obtain current information about the local situation for the purpose of enabling vessels the better to avoid damage to gear. The British Government will not object to action by the Canadian authorities in cases of emergency to direct British fishing vessels clear of gear concentrations, provided that Canadian and other fishing vessels of similar class are subject to the same directions, and subject to the rights of the British Government under sub-paragraph (5) of this paragraph if such directions should seriously interfere with the pattern of fishing by British vessels.

(7) Nothing in this Agreement shall affect the right of British fishing vessels to innocent passage through Zone 1 of the fishing zones of Canada during the period of this Agreement or after its expiry.

If the foregoing proposal is acceptable to the Government of the United Kingdom I have the honour to propose that this note and its annexes, which are equally authentic in English and French, and Your Excellency's reply to that effect, shall constitute an agreement in this matter between the Government of Canada and the Government of the United Kingdom which shall enter into force on the date of your reply.

Accept, Excellency, the renewed assurances of my highest consideration.

Mitchell Sharp

Secretary of State for External Affairs

ANNEX A

Areas off the Eastern coasts of Canada in which British fishing vessels may fish (see attached charts) ¹ :

(1) Zone 1 of the fishing zones of Canada (Gulf of St. Lawrence)

The area east of the meridian of longitude 61°30' W outside a distance of 12 miles from the low water line of the coast and 12 miles from a line joining Cape St. George with Cape Anguille.

(2) Outer nine miles of the territorial sea

(i) Sable Island

(ii) At southern entrance to Gulf
From Cape Gabarus northward to Cape North (Cape Breton Island, Nova Scotia)

(iii) North of Burgeo Bank
From the eastern entrance point of La Poile Bay to Pass Island light.

(iv) South and east coasts of Newfoundland and Labrador
From Lamaline Shag Rock to Cabot Island, Labrador (latitude 60°26'N).

ANNEX B

ANNEX RESPECTING GEOGRAPHICAL CO-ORDINATES OF POINTS FROM WHICH BASE LINES MAY BE DETERMINED

Interpretation

In this annex,

"Act" means the Territorial Sea and Fishing Zones Act;

"Area", followed by a number, includes all islands and low-tide elevations adjacent to the area followed by that number;

"C.H.S. Chart" means Canadian Hydrographic Service Chart; and

"geographical co-ordinates of points" means the latitude and longitude of points determined by reference to columns II and III of the schedules.

General

The lists of geographical co-ordinates of points set out in the schedules are those from which baselines may be determined pursuant to the Act in respect of the areas to which the schedules relate.

In respect of the portions of areas 1, 2, 3 and 4 for which the geographical co-ordinates of points are set out in schedule A, the baselines are straight lines joining the points so set out.

In respect of the portion of area 2 for which the geographical co-ordinates of points are set out in schedule B, the baseline is the low-water line along the coast joining the points so set out.

In respect of the portions of areas 1, 2, 3 and 4 consisting of the islands named and the low-tide elevations described in schedule C, the baselines are the low-water lines of the islands and of the low-tide elevations.

SCHEDULE A

AREA 1

LABRADOR

AREA 2

SOUTHEAST AND EAST NEWFOUNDLAND

* See schedule B.

AREA 3

SOUTHWEST NEWFOUNDLAND

AREA 4

NOVA SCOTIA

SCHEDULE B

AREA 2

SOUTHEAST AND EAST NEWFOUNDLAND

SCHEDULE C

AREA 1

LABRADOR

AREA 2

SOUTHEAST AND EAST NEWFOUNDLAND

AREA 3

SOUTHWEST NEWFOUNDLAND

AREA 4

NOVA SCOTIA

ANNEX C

Territorial Sea and Fishing Zones Act

(Fishing Zones of Canada - Zones 1, 2 and 3 - Order P.C. 1971-366)

25 February, 1971

His Excellency the Governor General in Council on the recommendation of the Secretary of State for External Affairs, pursuant to Section 5A of the Territorial Sea and Fishing Zones Act, is pleased hereby to make the annexed Order prescribing as fishing zones of Canada certain areas of the sea adjacent to the coast of Canada, effective March 10, 1971.

ORDER PRESCRIBING AS FISHING ZONES OF CANADA CERTAIN AREAS OF THE SEA ADJACENT TO THE COAST OF CANADA

1. This Order may be cited as the Fishing Zones of Canada (Zones 1, 2 and 3) Order.

2. In this Order,

(a) "C.H.S. Chart" means Canadian Hydrographic Service Chart; and

(b) "geographical co-ordinates of points" means the latitude and longitude of points determined by reference to columns III and IV in the description of Zones set out in the Schedule.

3. The areas of the sea adjacent to the coast of Canada and described in the Schedule are hereby prescribed as fishing zones of Canada.

SCHEDULE 1

ZONE 1

GULF OF ST. LAWRENCE

being those areas of the sea adjacent to the coast of Canada, bounded by straight lines joining the geographical co-ordinates of points set out below:

SCHEDULE

ZONE 2

BAY OF FUNDY

being that area of the sea adjacent to the coast of Canada, bounded by straight line joining the geographical co-ordinates of points set out below:

SCHEDULE

ZONE 3

Queen Charlotte Sound, Hecate Strait and Dixon Entrance

being those areas of the sea adjacent to the coast of Canada, bounded by straight lines joining the geographical co-ordinates of points set out below:

II

The British High Commissioner Ottawa to the Secretary of State for External Affairs

BRITISH HIGH COMMISSION

OTTAWA, 27 March 1972

No. 28

The Hon. Mr. Mitchell Sharp, PC, MP
Secretary of State for External Affairs

Sir,

I have the honour to acknowledge receipt of Your note No. FLO-282 of March 27, 1972, which reads as follows:

[See Note I]

I have the honour to inform you that the foregoing proposal is acceptable to the Government of the United Kingdom, who therefore agree that Your note, together with its annexes, which are equally authentic in English and French, and this reply shall constitute an agreement between the two Governments which shall enter into force on the date of this reply.

I avail myself of this opportunity to renew to you the assurances of my highest consideration.

Peter Hayman

____________

¹ Charts not reproduced