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Exchange of Notes (17 July and 13 August 2002) between the Government of Canada and the Government of the United States of America constituting an Agreement amending the Treaty on Pacific Coast Albacore Tuna Vessels and Port Privileges done at Washington on May 26, 1981 [2004] CATSer 8 (28 May 2004)

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EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT AMENDING THE TREATY ON PACIFIC COAST ALBACORE TUNA VESSELS AND PORT PRIVILEGES DONE AT WASHINGTON ON MAY 26, 1981

I

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

WASHINGTON, July 17, 2002

His Excellency Michael Frederick Kergin,
Ambassador of Canada

Excellency:

I have the honor to refer to recent discussions between our two Governments regarding the Treaty between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges, with annexes, signed at Washington May 26, 1981, as amended by the Exchange of Notes of October 9, 1997 (the "Treaty") and to propose one amendment to the Treaty as follows:

Article 1(b) is amended so that it reads in its entirety as follows:

(b) permit fishing vessels of the other Party to fish for albacore tuna in waters under its fisheries jurisdiction beyond twelve nautical miles of the baselines from which the territorial sea is measured, in accordance with and subject to the limitations and conditions in Annex "A" and Annex "C" to this Treaty and subject to other applicable laws and regulations.

If the above understanding is acceptable to your Government, I have the further honor to propose that this Note together with your Note in reply shall constitute an Agreement between our two Governments, which shall enter into force on the date of the second Note of a subsequent exchange of notes confirming the completion of all necessary internal procedures of each Party.

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

For the Secretary of State:

Paula Dobriansky

II

The Minister and Deputy Head of Mission of Canada to the Secretary of State of the United States of America

WASHINGTON, August 13, 2002

Note No. 0084

The Honourable Colin L. Powell
Secretary of State
Washington, D.C.

Excellency:

I have the honour to acknowledge receipt of your Note of 17 July, 2002, which reads as follows:

I have the honor to refer to recent discussions between our two Governments regarding the Treaty between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges, with annexes, signed at Washington May 26, 1981, as amended by the Exchange of Notes of October 9, 1997, (the "Treaty") and to propose one amendment to the Treaty as follows :

Article 1(b) is amended so that it reads in its entirety as follows:

(b) permit fishing vessels of the other Party to fish for albacore tuna in waters under its fisheries jurisdiction beyond twelve nautical miles of the baselines from which the territorial sea is measured, in accordance with and subject to the limitations and conditions in Annex "A" and Annex "C" to this Treaty and subject to other applicable laws and regulations.

If the above understanding is acceptable to your Government, I have the further honor to propose that this Note together with your Note in reply shall constitute an Agreement between our two Governments, which shall enter into force on the date of the second Note of a subsequent exchange of Notes confirming the completion of all necessary internal procedures of each Party.

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

I have the further honour to inform you that the Government of Canada accepts the proposal contained in your excellency's note and to confirm that your note and this note in reply shall constitute an Agreement between our two Governments, which shall enter into force on the date of the second Note of a subsequent exchange of notes confirming the completion of all necessary internal procedures of each Party.

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

Bertin Côté

Minister and Deputy Head of Mission