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Exchange of Notes (May 5 and August 13, 1986) between the Government of Canada and the Government of the United States of America constituting an Agreement amending the Memorandum of Understanding forming part of the Treaty concerning Pacific Salmon [1986] CATSer 23 (13 August 1986)

E103721 - CTS 1986 No. 38

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING FORMING PART OF THE TREATY CONCERNING PACIFIC SALMON

I

The Ambassador of the United States of America to the Secretary of States for External Affairs of Canada

OTTAWA, May 5, 1986

The Right Honorable Joe Clark, M.P., P.C.
Secretary of State for External Affairs
Ottawa

Excellency:

I have the honor to refer to the Treaty between the Government of the United States of America and the Government of Canada concerning Pacific Salmon, with Annexes and related Memorandum of Understanding dated January 28, 1985. Regarding Article III, paragraph 1(b) of the Treaty and paragraph D of the Memorandum of Understanding, my Government notes that the Pacific Salmon Commission has advised that it would not be possible to reach agreement within the time limits set out in paragraph D on the percentage of Total Allowable Catch of salmon deemed to be of United States origin for the purpose of implementing Article III, paragraph 1(b) of the Treaty.

Accordingly, I have the honor to propose that the Government of the United States and the Government of Canada should agree to extend by one year the time limit for determining this percentage set forth in paragraph D of the Memorandum of Understanding.

If the foregoing provision is acceptable to the Government of Canada, I have the honor to propose that this note and your reply to that effect shall constitute an agreement between the Government of the United States and the Government of Canada, which shall enter into force on the date of your reply with effect from March 18, 1986.

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

Thomas Niles

Ambassador

II

The Secretary of State for External Affairs of Canada to the Ambassador of the United States of America

Ottawa, August 13, 1986

His Excellency Mr. Thomas M. T. Niles
Ambassador for the United States of America
Ottawa

Excellency,

I have the honour to refer to your Note No. 228 of May 5, 1986 in which you propose to extend by one year the time limit for determining the percentage of salmon deemed to be of United States origin as set forth in paragraph D of the Memorandum of Understanding to the Treaty between the Government of the United States and the Government of Canada concerning Pacific Salmon.

The proposed extension meets with the approval of the Government of Canada. I have the honour to confirm, therefore, that your Note and this reply, which is equally authentic in English and French, shall constitute an Agreement between our two Governments to extend by one year the time limit for reaching an agreement on the deeming provision. This will also confirm that the present Agreement shall enter into force on the date of this reply with effect from March 18, 1986.

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

Joe Clark

Secretary of State for External Affairs