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Exchange of Notes constituting an Agreement between Canada and the United States concerning amendment of the Convention between Canada and the United States of America for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, and Fishing off the West Coast of Canada [1979] CATSer 7 (29 March 1979)

E103718 - CTS 1979 No. 27

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN CANADA AND THE UNITED STATES CONCERNING AMENDMENT OF THE CONVENTION BETWEEN CANADA AND THE UNITED STATES OF AMERICA FOR THE PRESERVATION OF THE HALIBUT FISHERY OF THE NORTHERN PACIFIC OCEAN AND BERING SEA, AND FISHING OFF THE WEST COAST OF CANADA

I

The Secretary of State of the United States to the Ambassador of Canada

DEPARTMENT OF STATE

Washington, March 29, 1979

Excellency:

I have the honor to refer to the discussions between representatives of our two Governments in Juneau and Ottawa concerning amendment of the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea and concerning fishing off the west coast of Canada.

I have the honor to propose the following:

1. Pending the entry into force of the Protocol Amending the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed this day at Washington (the Convention), the halibut fishery and sport fishing in the Northern Pacific Ocean and Bering Sea shall be conducted on the basis of the terms of that Protocol.

2. Nationals and fishing vessels of the United States shall not fish for groundfish in the maritime area off the west coast of Canada in which Canada exercises exclusive fisheries jurisdiction, except as provided in the Annex to this Note and as follows:

(a) Nationals and fishing vessels of the United States may catch 6,500 metric tons of groundfish during the period beginning April 1, 1979, and ending March 31, 1981, subject to the following limits:

(i) during the period beginning April 1, 1979, and ending March 31, 1980, they may catch 3,250 metric tons of groundfish as provided in the Annex to this Note;

(ii) during the period beginning April 1, 1980, and ending March 31, 1981, they may catch 3,250 metric tons of groundfish as provided in the Annex to this Note, except that this catch limit shall be adjusted such that the catch by nationals and vessels of the United States under subparagraphs (i) and (ii) shall total 6,500 metric tons.

(b) Nationals and fishing vessels of the United States may fish commercially only within those portions of the PMFC areas referred to in paragraph I of the Annex to this Note which are within that area described in paragraph 1(b) of the Agreement on Reciprocal Fishing Privileges in Certain Areas off the Coasts of the United States and Canada, signed at Ottawa, June 15, 1973, and in all waters seaward thereof in which Canada exercises exclusive fisheries jurisdiction.

3. Pending delimitation of maritime boundaries between the United States and Canada off the west coasts of the United States and Canada, the following principles shall be applied as interim measures in the boundary regions:

(a) as between the United States and Canada, enforcement of this agreement shall be carried out by the flag state;

(b) neither Government shall authorize fishing by vessels of third parties;

(c) either Government may enforce this agreement with respect to fishing or related activities by vessels of third parties.

4. Our two Governments shall establish an ad hoc group to consult on the implementation of the provisions of the Convention and of this agreement and on other matters of mutual interest, including regulatory measures affecting fishing by nationals and vessels of the United States in the maritime area off the west coast of Canada in which Canada exercises exclusive fisheries jurisdiction.

5. Prior to March 31, 1981, our two Governments shall consult with a view to future fisheries cooperation off the west coasts of the United States and Canada within the respective maritime areas in which either exercises exclusive fisheries jurisdiction.

6. For purposes of this Note, the “maritime area” in which a country exercises exclusive fisheries jurisdiction includes without distinction areas within and seaward of the territorial sea or internal waters of that country.

7. Nothing in this agreement shall be construed to affect or prejudice any position or claim which has been or may subsequently be adopted by either country in the course of consultations, negotiations or third party settlement procedures respecting the maritime jurisdiction, including the limits thereof, of Canada or of the United States.

If the foregoing proposals are acceptable to the Government of Canada, I have the honor to propose that this Note and its Annex, together with your Excellency’s reply shall constitute an agreement between the United States and Canada which shall enter into force on the date of your reply.

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

Enclosure:

Annex

Cyrus Vance

Secretary of State

ANNEX

1. During each of the annual periods beginning April 1, 1979, and ending March 31, 1980, and beginning April 1, 1980, and ending March 31, 1981, nationals and fishing vessels of the United States shall be permitted to fish for groundfish in Pacific Marine Fisheries Commission (PMFC) areas as follows:

(a) In that portion of PMFC area 3C, in which Canada exercises exclusive fisheries jurisdiction, they may catch 285 metric tons of groundfish in a directed fishery for rockfish with an incidental catch not to exceed 15 percent;

(b) In PMFC area 3D, they may catch 885 metric tons of groundfish in a directed fishery for rockfish with an incidental catch not to exceed 10 percent;

(c) In PMFC areas 5A and 5B, they may catch 2,080 metric tons of groundfish in a directed fishery for rockfish with an incidental catch not to exceed 12 percent. No more than 250 metric tons of the groundfish caught shall be Pacific Ocean perch (Sebastes alutus) and yellowmouth rockfish (Sebastes reedi);

(d) There shall be no discards of Pacific cod, ling cod or sole, and when the incidental catch in any area has been taken, the fishery in that area may be closed provided that any remaining portion of the catch limit in that area shall be made available for United States harvest in other areas during the same annual period or, if making available such remaining portion of the catch limit in other areas could result in harm to the fishery resource, such remaining portion shall be made available for United States harvest during the annual period beginning April 1, 1980, and ending March 31, 1981, taking into account sub-paragraph (e);

(e) If there is an inordinately large shortfall in the catch by nationals and vessels of the United States during the period beginning April 1, 1979, and ending March 31, 1980, such that our two governments agree that the necessary increase in the permitted catch of 3,250 metric tons during the period beginning April 1, 1980, and ending March 31, 1981, could result in harm to the fishery resource, our two governments shall consult on appropriate measures to avoid such harm. Such measures may include, at the discretion of the Government of Canada, a reasonable extended period of access for nationals and fishing vessels of the United States in order that they may catch the total 6,500 metric tons.

2. Should the traditional species composition of either the rockfish or the incidental catch referred to in Paragraph 1 of this Annex indicate a resource or management problem, the matter shall be referred to the ad hoc group established pursuant to Paragraph 4 of the Note for appropriate action.

3. Regulations affecting fishing by nationals and vessels of the United States pursuant to Paragraph 2 of the Note shall not be more restrictive than those applicable to nationals and vessels of Canada.

4. Vessels of the United States engaged in fishing for groundfish in the maritime area off the west coast of Canada in which Canada exercises exclusive fisheries jurisdiction shall have on board a license issued by the Government of Canada. No fees shall be required for such licenses. Applications for such licenses shall be prepared and processed in accordance with Paragraphs 5 and 6 of this Annex.

5. Applications for licenses under Paragraph 4 of this Annex shall be made on forms provided by the Government of Canada for that purpose. Such applications shall specify:

(a) the name and official number or other identification of each fishing vessel for which a license is sought, together with the name and address of the owner and operator thereof;

(b) the tonnage, capacity, length and home port of each fishing vessel for which a license is sought.

6. The appropriate officials of the Government of Canada shall review each application for a license and shall notify appropriate officials of the Government of the United States upon acceptance of the application. Upon acceptance of the application, the Government of Canada shall issue a license to that fishing vessel, which shall thereupon be authorized to fish in accordance with this Note. Each such license shall be issued for a specific vessel, shall be applicable for the annual period beginning April 1, 1979, and ending March 31, 1980, or for the annual period beginning April 1, 1980, and ending March 31, 1981, or for any extended period as provided for in sub-paragraph (e) of paragraph 1 of this Annex and shall not be transferable.

7. Nationals and fishing vessels of the United States intending to fish for groundfish in the maritime area off the west coast of Canada in which Canada exercises exclusive fisheries jurisdiction shall report by radio-telephone or similar communications to Tofino or Bull Harbor, Canada:

(a) the vessel name and license number;

(b) the anticipated date when fishing will begin;

(c) the PMFC areas in which fishing will take place, e.g., lower Vancouver Island (Area 3C), upper Vancouver Island (Area 3D), or Queen Charlotte Sound (Areas 5A and 5B).

8. Nationals and fishing vessels of the United States shall have no fish on board at the time of entry into the maritime area off the west coast of Canada in which Canada exercises exclusive fisheries jurisdiction.

9. Nationals and fishing vessels of the United States, while operating within the maritime area off the west coast of Canada in which Canada exercises exclusive fisheries jurisdiction, shall have the name and port of registration clearly visible on the stern and shall fly the flag of the United States at all times.

10. Nationals and fishing vessels of the United States, prior to departure from the maritime area off the west coast of Canada in which Canada exercises exclusive fisheries jurisdiction, shall report by radio-telephone or similar communications to Tofino, Canada:

(a) the vessel name and license number;

(b) the date on which the vessel will leave that area;

(c) the estimated amount (in pounds) and composition of the catch on board upon departure from such area;

(d) the anticipated date and place of delivery of the vessel’s catch.

11. Catch information by species and location of catch shall be forwarded to the appropriate officials of the Government of Canada on a weekly basis. Each United States fishing vessel shall keep a written log of its fishing activities in the maritime area off the west coast of Canada in which Canada exercises exclusive fisheries jurisdiction. Such log records shall be available for review by Canadian officials on each such vessel during its fishing activities in the maritime area off the west coast of Canada in which Canada exercises exclusive fisheries jurisdiction, and by officials of the United States or Canada at the port of delivery of the catch.

II

The Ambassador of Canada to the Secretary of State of the United States

EMBASSY OF CANADA

Washington, March 29, 1979

Sir:

I have the honour to acknowledge receipt of your note dated March 29, 1979, which reads as follows:

“(See United States Note of March 29, 1979)”

I have the honour to inform you that the foregoing proposals are acceptable to the Government of Canada and to confirm that your Note and this reply which is equally authentic in English and in French shall constitute an agreement between our two Governments which shall enter into force on the date of this reply.

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

Peter Towe

Ambassador