Papers Relating to the Foreign Relations of the United States, 1919, Volume I

711.428/543

The Secretary of State to the Secretary of Commerce ( Redfield )

Washington , October 27, 1919 .

Sir: I have the honor to acknowledge the receipt of your letter of September 30, 1919, regarding the proposed treaty with Great Britain covering reciprocal port privileges in Canada and the United States and other matters.

As you have already been informally advised, conferences were held with Mr. W. A. Found, while he and Sir Douglas Hazen were in Washington, resulting in a preliminary draft of treaty which has already been informally submitted to you and the other American members of the American-Canadian Fisheries Conference.²³ The draft treaty has received some further revision, and I now hand you herewith a copy of the text as it now stands, with the request that you inform me whether it meets with the approval of the American members of the American-Canadian Fisheries Conference, and of the Department of Commerce, in order that I may have your views before submitting the treaty formally to the British Government with a proposal for its signature.

I have [etc.]

Robert Lansing

[Enclosure]

Draft of October 24, 1919, of a Treaty between the United States of America and Great Britain Concerning Port Privileges of Fishing Vessels, Lobster Fishing, Halibut Fishing, and Tariff on Fresh Fish

The United States of America and His Majesty George the V, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Emperor of India, being equally desirous of avoiding further misunderstanding in regard to the extent of the liberties of the inhabitants and the fishing vessels and boats of the United States and of the Dominion of Canada, in the ports and waters of the United States and the Dominion of Canada, and of securing the preservation of the lobster fishery along the North Atlantic coasts of the two countries, the halibut fishery of the Northern Pacific Ocean, and the free movement of fresh fish as an aid to obtaining an increase in the food supplies of the United States and the Dominion of Canada, have resolved to conclude a Convention for these purposes, and have named as their plenipotentiaries:

The President of the United States of America, the Honorable Robert Lansing, Secretary of State of the United States of America, and His Britannic Majesty, the Honorable Sir John Douglas Hazen, a Knight Commander of the Most Distinguished Order of St. Michael and St. George, Chief Justice of New Brunswick, and a member of his Privy Council for Canada, who after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles:

Article I

It is agreed by the high contracting parties that the inhabitants and the fishing vessels and boats of the United States shall have, in common with the inhabitants and the fishing vessels and boats of the Dominion of Canada, the liberty to enter any port on the Atlantic and Pacific coasts of the Dominion of Canada without the requirement of a license, or the payment of fees not charged to Canadian fishermen or fishing vessels for the purposes of—

(a) Purchasing bait, ice, nets, lines, coal, oil, provisions, and all other supplies and outfits used by fishing vessels whether the same are of a like character to those named herein or not;

(b) Repairing fishing implements;

(c) Shipping crews;

(d) Transshipping their catches, and when transshipped for destination within the United States, shipping same in bond;

(e) Landing and/or selling their catches in the Dominion of Canada, subject to the payment of customs duties thereon, if any;

(f) Entering from and clearing for the high seas and the high sea fisheries without the payment of any tonnage dues or duties and/or other charges specifically imposed on vessels entering from, and clearing for, foreign ports; and

(g) Dressing, salting and otherwise preparing their catches on board ship in port and in the territorial waters of the Dominion of Canada, subject to local laws and/or regulations.

Article II

It is further agreed by the high contracting parties that the inhabitants and the fishing vessels and boats of the Dominion of Canada shall have, in common with the inhabitants and the fishing vessels and boats of the United States the liberty to enter any port on the Atlantic and Pacific coasts of the United States without the requirement of a license, or the payment of fees not charged to American fishermen or fishing vessels for the purposes of—

(a) Purchasing bait, ice, nets, lines, coal, oil, provisions, and all other supplies and outfits used by fishing vessels whether the same are of a like character to those named herein or not;

(b) Repairing fishing implements;

(c) Shipping crews;

(d) Transshipping their catches, and where transshipped for destination within the Dominion of Canada, shipping same in bond;

(e) Landing and/or selling their catches in the United States, subject to the payment of customs duties thereon, if any;

(f) Entering and clearing for the high seas and the high sea fisheries, without payment of any tonnage dues or duties and/or other charges specifically imposed on vessels entering from and clearing for, foreign ports; and

(g) Dressing, salting and otherwise preparing their catches on board ship in port and in the territorial waters of the United States, subject to local laws and/or regulations.

Article III

It is further agreed by the high contracting parties that all persons employed or being upon fishing vessels or boats of either the United States or the Dominion of Canada entering the ports of the other from the high seas and the high seas fisheries shall be subject to the immigration laws and regulations applicable thereto, upon landing from such vessels or boats.

Article IV

It is further agreed by the high contracting parties that fishing vessels and boats of either the United States or the Dominion of Canada merely passing through the territorial waters of the other country on their way to and from fishing grounds located on the high seas, and using such territorial waters for no other purpose whatever, shall not be required to enter or clear at any port, or to report to any customs official, of the other country.

Article V

It is further agreed by the high contracting parties that nothing in this Convention shall be construed in derogation of the liberties secured to the United States and the inhabitants thereof by the Convention between these high contracting parties concluded on October 20, 1818.

Article VI

It is further agreed by the high contracting parties that the inhabitants and the fishing vessels and boats of the United States, engaging in the lobster fishery in waters outside territorial waters of the Dominion of Canada and opposite thereto, and that the inhabitants and the fishing vessels and boats of the Dominion of Canada engaging in the lobster fishery in waters outside territorial waters of the United States and opposite thereto, shall pursue such fishery subject to the same restrictions as may be imposed by law within the nearest territorial waters opposite and adjacent to the place of such fishery.

It is further agreed by the high contracting parties that any person, vessel or boat engaged in lobster fishing in violation of the provisions of this Convention may be seized, detained and delivered in the same manner as is provided in Article VII, with regard to violations of the provisions relating to the halibut fishery.

Article VII

It is further agreed by the high contracting parties—

(a) That the inhabitants and the fishing vessels and boats, of the United States and of the Dominion of Canada respectively, are hereby prohibited from fishing for halibut (Hippoglossus) both in the territorial waters and in the high seas off the western coasts of the United States, and the Dominion of Canada, including Bering Sea, from the 16th day of November, 1920, to the 15th day of February, 1921, both days inclusive, and during the same period yearly thereafter until the 15th day of February, 1930, provided that upon the recommendation of the International Fisheries Commission hereinafter described, this close season may be modified or rescinded by the high contracting parties by special agreement at any time after February 15, 1924, it being understood that such special agreement shall, on the part of the United States, be made by the President of the United States, by and with the advice and consent of the Senate thereof.

(b) That nothing contained in this Article shall prohibit the inhabitants and the fishing vessels and boats of the United States and the Dominion of Canada, from fishing in the waters hereinbefore specified for other species of fish during the periods when fishing for halibut in such waters is prohibited by this Article, and any halibut that may be incidentally caught when fishing for such other species of fish may be retained and landed; but must either be sold fresh for consumption in the port or place where it is landed, or must be frozen, canned or cured in such port or place;

(c) That during the periods when halibut fishing in the waters hereinbefore specified is prohibited by this Article no halibut shall be shipped or transported in any manner from any port or place on the Pacific Coast of North America within the jurisdiction of either of the high contracting parties unless such halibut is frozen, canned, or cured;

(d) That every person, vessel or boat engaged in the halibut fishing in violation of this Article may be seized, except within the territorial jurisdiction of the other party, and detained by the naval or other duly commissioned officers of either of the high contracting parties, to be delivered as soon as practicable to an authorized official of the country to which such person, vessel or boat belongs, at the nearest point to the place of seizure, or elsewhere as may be mutually agreed upon; that the authorities of the nation to which such person, vessel or boat belongs alone shall have jurisdiction to try the offense and impose the penalties for the same; and that the witnesses and proofs necessary to establish the offense, so far as they are under the control of the other of the high contracting parties, shall be furnished with all reasonable promptitude to the proper authorities having jurisdiction to try the offense;

(e) That the high contracting parties shall cause to be made a thorough joint investigation into the life history of the Pacific halibut and that such investigation shall be undertaken as soon as practicable. Each party shall pay any investigator or investigators it may employ and any joint expenses incurred by agreement between the high contracting parties shall be paid by the high contracting parties in equal moieties.

(f) That the International Fisheries Commission appointed under the provisions of Article IV of the Convention of September 2, 1919, for the rehabilitation and protection of the Sockeye Salmon Fishery of the Fraser River System shall be charged with the supervision of the investigation provided for in this Article.

Article VIII

All shipments of fresh fish, including frozen fresh fish and fresh fish packed in ice, which enter the United States or the Dominion of Canada, from the vessels, boats and/or territory of the other, and which shall have been taken by the inhabitants, or the vessels and boats of either of these countries, shall be admitted into the other country free of duty.

Article IX

Each of the high contracting parties agrees to enact and enforce such legislation as may be necessary to make effective the foregoing provisions, with appropriate penalties for violations thereof.

Article X

This Convention shall remain in force for a period of fifteen years and thereafter until two years from the date when either of the high contracting parties shall give notice to the other of its desire to terminate this Convention.

The present Convention shall be duly ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty, and the ratifications shall be exchanged in Washington as soon as practicable.

In faith whereof, the respective plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals.

Done at Washington, the _ _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ in the year of our Lord one thousand nine hundred and nineteen.

23. Not printed; the principal alteration later made was the insertion of art. 5 of the draft printed as enclosure hereto.