711.428/519
The British Chargê (
Barclay
) to the Acting Secretary of
State
Washington
,
May 20,
1919
.
No. 365
Sir: With reference to your note of March
21st, enclosing copy of a tentative draft of a Convention between
Great Britain and the United States concerning the Sockeye Salmon
Fisheries, I have the honour to transmit, herewith, copies of an
Approved Minute of the Privy Council for Canada, which I have
received from the Governor General, representing that the draft
enclosed in your above mentioned note is acceptable to the Canadian
Government with certain modifications noted in the Minute.
I have [etc.]
[Enclosure]
Minute of the Privy Council for Canada,
Approved May 6, 1919
The Committee of the Privy Council have had under consideration a
Report, dated 29th April, 1919, from the Acting Secretary of
State for External Affairs, to whom was referred a despatch from
His Majesty’s Ambassador at Washington to Your Excellency, dated
the 25th March, 1919, forwarding copy of a communication dated
the 21st March, 1919, from the Acting United States Secretary of
State covering copy of a tentative draft convention between
Great Britain and the United States relating to the sockeye
salmon [Page 225]
fisheries,—representing with the concurrence of the Minister of
Marine and of the Acting Minister of Justice, that this draft is
acceptable with certain modifications noted below:—
- 1.
- In the first line of the preamble, it is considered
that in conformity with the remainder of the draft, the
First Party to the Convention should be described as the
President of the United States, instead of “The United
States.”
- 2.
- The concluding sentence of Article 26 is ambiguous. The reframing thereof
as follows is suggested:
“Each of the High Contracting Parties may by
appropriate legislation provide for the trial,
conviction and punishment within his jurisdiction
of any person found there who has contravened any
provision of this Convention or of the said
regulations within the jurisdiction of the other
High Contracting Party, and who has not been
punished for the said offence within the latter
jurisdiction.”
- 3.
- As it is eminently desirable that the Commission
should be appointed with as little delay as practicable,
two months after the exchange of ratifications seems a
sufficient time in which to appoint the Commission
provided for in Article 4.
- 4.
- It is suggested that the word “treaty “in the third
line of Article 4 be changed to “Convention”, and that
as this latter word seems to more aptly describe an
agreement of this sort, it be used throughout instead of
the word “treaty”.
- 5.
- In the second paragraph of Article 6, it is provided
that the High Contracting Parties by special agreement
upon the recommendation of the Commission, may make
“modifications” in the regulations, while in Article 5,
the terms “additions to” and “substitutions for” are
used. It is considered well that these terms should be
also included in this paragraph. The following wording
for the first five lines of this paragraph is suggested:
“It shall, however, at any time, be in the power
of the High Contracting Parties, by special
agreement upon the recommendation of the
International Fisheries Commission, to make
modifications of, additions to, or substitutions
for, the regulations in force, and/or to make the
provisions of this Convention, etc. …”
- 6.
- In section 2 of the Regulations, in the definition of
“treaty waters” the words “section 2 [3]” in the second line, should be “Article
3”.
- 7.
- In paragraph (b) of section 3
of the Regulations, the words “British Columbia” should
be replaced by the word “Canada”.
- 8.
- In paragraph (d) of the said
section 3, the word “one” is omitted after the first
word.
[Page 226]
The Minister recommends that this draft, with the above recited
modifications, be accepted by the Canadian Government.
The Committee concurring, advise, on the recommendation of the
Acting Secretary of State for External Affairs, that Your
Excellency may be pleased to forward copy hereof to His
Majesty’s Ambassador at Washington, for communication of its
purport to the United States Government.
All which is respectfully submitted for approval.
Rodolphe
Bourdeau
Clerk of the
Privy Council
