392. Letter From Senator Warren G. Magnuson and Senator Henry M. Jackson to the Secretary of State1
Dear Mr. Secretary: Reference is made to the second world conference on the Law of the Sea which will be held in Geneva, Switzerland, beginning in March. The important matter coming before this conference is the breadth of the territorial sea. In the last conference the participating nations were unable to agree by a majority decision and, consequently, this problem will again be discussed.
We are fully aware of the national security questions involved in this issue—the need of securing agreement on the narrowest territorial limits possible. We have been briefed by the Navy Department in this respect. However, the matter of fisheries is also involved. The United States fisheries are a part of our national security, and therefore, we deem it important to outline to you our position in this regard.
Over a period of years, the United States fishermen have utilized specific fishing grounds. They have acquired historical rights which cannot be ignored in any proposed solution to the breadth of the territorial sea. While we are fully in favor of cooperating with the [Page 751] government on necessary security limits, we are not in favor of agreeing to a political expedient which would secure defense objectives at the expense of fisheries.
This is our position and we are deeply distressed that it apparently is not shared by your associates. We refer to newspaper accounts of proceedings at a meeting on the territorial sea in Seattle,2 called by State Department officials. At this meeting, such reports indicate, your representatives publicly offered compromises which would destroy the bargaining position of the United States in relation to its common fisheries with Canada. These compromises, if accepted by the United States, would put the Pacific Northwest out of business insofar as its bottom trawl and salmon troll fisheries are concerned. It is our position that we should not surrender before negotiations are even underway.
As indicated earlier, we recognize many of the problems our negotiators will confront in Geneva. Further, we are fully aware of the position the Canadian government has taken in regard to the territorial sea. Nevertheless, we strongly believe that our government should achieve an understanding with the Canadians before we go to Geneva, and that understanding should preserve the status quo on our common fisheries until a mutual agreement can be formulated and signed. The formal agreement might be consummated subsequent to conclusion of the Law of the Sea Conference in Geneva.
The United States and Canada have many close ties—many mutual interests. The trade between the two countries is vital to the economies of both. Surely vigorous representations by our Department of State to the Canadians could achieve a mutual recognition of this fact. Such an objective cannot be accomplished, however, if representatives of the State Department telegraph their punches in advance, as was done in the Seattle meeting to which we have already referred.
May we urge you to consider this proposal and to initiate steps to effectuate it before our negotiating team goes to Geneva.
By this time I am sure you understand that we are strongly opposed to the compromises discussed in Seattle. We would caution against any agreement which sacrifices the historical rights of American fishermen.
If you disagree basically with any of the views herein expressed, we would be most pleased to meet with you to further explain our position.
Sincerely,
Warren G. Magnuson
Henry M. Jackson
[Page 752]P.S. On behalf of the Senate Interstate and Foreign Commerce Committee, I want to thank you for your affirmative response to my request that an observer from our Committee attend the Law of the Sea Conference in Geneva. We intend to have a technical consultant on the ground to represent the Committee, and at the moment there is a good possibility that at least two of us will accompany him.
- Source: Department of State, Central Files, 399.731/2–1160. Drafted by Magnuson. Attached to Document 394.↩
- Not further identified.↩