396. Letter From the Under Secretary of the Interior (Bennett) to the Under Secretary of State (Dillon)1
Dear Mr. Secretary: I should like to place on record the views which I expressed in a telephone conversation on March 12 with Mr. Eric Hager, regarding paragraph 5 of the basic instructions to the United States Delegation to the Second United Nations Conference on the Law of the Sea.2
Among other things, this paragraph authorizes the Delegation, should it deem such action necessary to the achievement of the basic United States objective, to support a six plus compromise six proposal which would result in the termination of foreign fishing rights in the contiguous zone after a period of “x” years. This Department foresees the possibility that several such proposals might be put forward providing for varying periods of years. We also foresee the possibility that [Page 760] the Delegation, while it would of course support the proposal providing for the longest period of years, might conclude that this proposal had no chance of obtaining the required two-thirds majority, and therefore would be prepared to support a proposal providing for a shorter period.
We consider it most important, should such an eventuality arise, that the Delegation vote for the proposal providing for the longer period of years, as well as for the proposal which offered the better prospects. We can envision no circumstances in which the Delegation should vote against or abstain from voting on the former proposal if it were put to a vote. We think that it would be a serious error for the Delegation to do so.
We recognize that circumstances could arise in which it would be desirable to prevent a vote on a proposal of the kind envisioned in paragraph 5 which the United States preferred, but which stood little chance of succeeding. We would expect the Delegation in these circumstances to make every effort to prevent a vote. Should these efforts fail, however, and the proposal be put to the vote, the Delegation should support it. We think it desirable that the Delegation be so instructed.
Alternatively, the Delegation might be instructed to seek the views of the interested Departments in Washington, should the circumstances which we foresee arise. We think it will be able to anticipate events and do so.
Sincerely yours,