711.428/1207
The Canadian Chargé (Beaudry) to the Acting Secretary of State
Sir: I have the honour to refer to your note of August 2nd, 1928, regarding your suggestion that a new treaty to replace the existing treaty, signed at Washington, 2nd March, 1923, on the subject of the North Pacific Halibut Fishery, should be negotiated for the purpose of giving effect to the recommendations of the International Fisheries Commission.
According to information received from the competent authorities of His Majesty’s Government in Canada it is considered that so far as Canada is concerned the recommendations of the Commission could be made effective by Order-in-Council under the existing treaty and legislation, but as the United States Government finds that it will require additional authority, Canada will have no objection to replacing the existing treaty by a new one. It is not apparent however that any technical section would be needed to give effect to the recommendations of the Commission. These recommendations are that the proper governmental authorities be given power to establish areas in each of which a limitation as to the total quantity of fish that may be taken therefrom may be fixed, and that such limitation may be reduced from time to time as found necessary; that certain areas be closed to all fishing; that the use of certain types of fishing gear be prevented; that the existing close season provided by the treaty be modified and that on vessels engaging in the fishery in treaty waters be licensed, so as to assure obtaining adequate statistical data.
It is understood that the United States Secretary of Commerce has the necessary powers to give effect to these recommendations in [Page 30] connection with the regulation of the salmon fisheries of Alaska, so that if he or some other United States authority and the Governor in Council in Canada were given power to make regulations recommended by the Commission, and approved by the two Governments, the end in view would be achieved.
I have the honour to request that you be good enough to communicate the views as above set forth to the competent authorities of the Government of the United States.
It may be added that the competent Department of the Canadian Government thinks it unlikely that a meeting of the full Commission can be held in September.
I have [etc.]