811.0145/8–345
Memorandum by the Deputy Assistant Secretary of State (Thorp) to the Secretary of State
The attached file68 relates to certain proposed proclamations and executive orders on the subject of asserting jurisdiction and control over the subsoil and sea bed of the continental shelf beneath the ocean and contiguous to our coast. This objective appears to have general agreement within the government, including Presidential approval.
Under instructions from President Roosevelt, foreign governments were to be consulted about this before final action was taken, and the matter was brought to the attention of twelve governments. Except for Cuba, there has been no indication of their attitude, except for an informal adverse comment from the Canadian [Deputy] Minister of Fisheries.69 The problem is whether we should proceed unilaterally on this matter or not. In the light of the present effort to use international cooperation whenever possible, it would seem more appropriate either to follow up the matter directly with the various governments, or to use the appropriate interested agency, the FAO,70 as a means to develop an international policy. There is substantial pressure from the fisheries industry and the Department of Interior for prompt unilateral action.
There is one point at which the policy is not clear,—the extent to which it is a form of protectionism, keeping American fishing areas exclusively for Americans. Our fundamental principle in this area is that of equal access to resources. The program as outlined does not assure equal treatment to foreign nationals, although it is avowedly established as a conservation of resources program and not one of protection of American business interests. Many of the supporters of the program undoubtedly hope that it will serve the latter purpose. This seems inconsistent with the international economic program of reducing protective devices and eliminating trade restrictions. The principle of equal access can be incorporated in the program without disturbing the concept of jurisdiction over the continental shelf. It would greatly disturb some of the supporters of this program.
- Not printed; it included a comprehensive memorandum dated August 3 by the Director of the Office of International Trade Policy (Wilcox) to Mr. Thorp, setting forth in detail the objections of the International Trade Policy Division to the announcement of the new policy on coastal fisheries and the Continental Shelf. Mr. Thorp has condensed these objections in this memorandum to the Secretary of State.↩
- Dr. D. B. Finn whose “informal adverse comment” was recorded in a memorandum of July 27, 1945, by the Acting Assistant Chief of the Commodities Division (811.0145/6–1545).↩
- Food and Agriculture Organization of the United Nations.↩