811.0145/11–2844
Memorandum by the Office of Economic Affairs
[
Washington,]
September 23, 1944.
19
There is attached a proposed statement of policy20 for the United States with respect
to the extension of fisheries conservation to certain areas of the high
seas.21 This statement consists of three parts: a brief
preamble, which sets forth the considerations leading to the policy decision
and which for some purposes might perhaps be considerably expanded; a
proposal with respect to jurisdiction over fisheries, and a proposed
statement of a policy of equality in the exercise of this jurisdiction.
Strictly speaking, the procedures by which such a policy, if adopted, might
be put into effect, are not properly a part of the statement of policy.
Nevertheless, so significant a departure from past practices under the law
of nations cannot be wholly separated from the method by which it might be
put into effect. There is therefore attached to
[Page 1486]
the statement of policy a brief statement with
respect to possible procedures.21a
[Annex 1]
Subject: Possible Procedures for Gaining International
Understanding with respect to this Jurisdiction
The adoption of the foregoing policy with respect to fisheries by the
United States could, if proper precautions were not taken, lead to
misunderstanding, suspicion, and opposition on the part of many other
countries. There are a number of procedures by which this might be
overcome and the active concurrence of the countries mainly affected
could be enlisted. The main consideration is a negative one: that the
United States should not announce this policy without some form of
international consultation with at least the countries that would feel
themselves interested in and affected thereby. One such procedure might
be for the United States Government to circulate the proposed statement
of policy to a number of governments which have in the past had fishing
interests in areas covered by the statement. In the case of countries
having major interests in these areas, such as Canada, Newfoundland, the
United Kingdom, the Soviet Union, Mexico, Ecuador, et cetera, the United
States would regard the concurrence of these other countries as
essential before proceeding to any announcement or action. Other
countries whose interests are more minor or which for special reasons
may not be in a position to express a firm position, should be informed
of the proposed action and their comments invited, although it would not
necessarily follow that complete concurrence would be regarded as an
indispensable precedent to taking any action.
[Annex 2]
Subject: Possible Procedures for Gaining International
Understanding with respect to this Jurisdiction
The adoption of the foregoing policy with respect to natural resources of
the sea bed and subsoil of the continental shelf by the United States
could, if proper precautions were not taken, lead to misunderstanding,
suspicion, and opposition on the part of many other countries. There are
a number of procedures by which this might be overcome and the active
concurrence of the countries mainly affected could be enlisted. The main
consideration is a negative one: that the United States should not
announce this policy without some form of
[Page 1487]
international consultation with at least the
countries that would feel themselves interested in and affected thereby.
One such procedure might be for the United States Government to inform
other governments (not necessarily all governments, but at least all
major governments and all having an appropriate interest in the subject)
of its intentions
-
a.
- to assume jurisdiction over the natural resources of the sea
bed and subsoil of the continental shelf contiguous to its
coasts, and
-
b.
- to inaugurate negotiations with neighboring states
in accordance with the principles of the statement set
forth above. The communication to the other governments should indicate
that before taking these steps the United States desires to receive the
comments of these governments, and that it will give attentive
consideration to those comments.