U.S, - Canada Albacore Tuna Treaty

FISHERIES
Treaty between CANADA and the UNITED STATES OF AMERICA
Washington, May 26, 1981
In force July 29, 1981
TREATY BETWEEN THE GOVERNMENT OF CANADA AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA ON PACIFIC
COAST ALBACORE TUNA VESSELS AND PORT PRIVILEGES
The Government of Canada and the Government of the United States of America,
Desiring to cooperate in matters concerning the albacore tuna fishery off the
Pacific Coast of Canada and the United States,
Desiring to benefit the fishing industries involved in that fishery, and
Taking into account the deliberations of the Third United Nations Conference on
the Law of the Sea in the field of fisheries,
Have agreed as follows:
ARTICLE I
Without prejudice to the respective juridical positions of both Parties regarding
highly migratory species of tuna, each Party shall:
a) ensure that all its vessels engaged in fishing for albacore tuna in waters under the
fisheries jurisdiction of the other Party shall do so in accordance with this Treaty;
b) permit fishing vessels of the other Party to fish for albacore tuna in waters under
its fisheries jurisdiction beyond twelve nautical miles of the baselines from which
the territorial sea is measured, in accordance with Annex “A” to this Treaty and
subject to other applicable laws and regulations.
ARTICLE II
Vessels of the United States of America fishing pursuant to this Treaty shall be
authorized to enter the Canadian ports listed in Annex “B” to this Treaty and to use
Canadian facilities and services, subject to compliance with applicable customs,
navigation, safety, environmental and other laws and regulations pertaining to port
privileges, and payment of applicable albacore tuna landing fees provided that such fees
do not discriminate according to nationality, for the following purposes:
1. to land their catches of albacore tuna without the payment of duties and
a) tran-ship them in bond under customs supervision to any port of the
United States of America; or
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b) sell them for export in bond; or
c) sell them locally on payment of the applicable customs duty; and
2. to obtain fuel, supplies, repairs and equipment on the same basis as albacore
tuna vessels of the other Party.
ARTICLE III
Canadian vessels fishing pursuant to this Treaty shall be authorized to
enter the United States ports listed in Annex “B” to this Treaty and to use United
States facilities and services, subject to compliance with applicable customs,
navigation, safety, environmental, and other laws and regulations pertaining to
port privileges, and payment of applicable albacore tuna landing fees provided
that such fees do not discriminate according to nationality, for the following
purposes;
1. to land their catches of albacore tuna without the payment of duties and
a) tran-ship them in bond under customs supervision to any port of Canada;
or
b) sell them for export in bond; or
c) sell them locally on payment of the applicable customs duty; and
2. to obtain fuel, supplies, repairs and equipment on the same basis as albacore
tuna vessels of the other Party.
ARTICLE IV
Neither Party shall, pursuant to its fisheries legislation, prohibit the importation
into its territory of Pacific albacore tuna and products from the other Party as a
consequence of a dispute arising in other fisheries.
ARTICLE V
1. Vessels of each Party which are not in compliance with this Treaty are subject
to enforcement action by the other Party when engaged in fishing for Pacific
albacore tuna in waters under the fisheries jurisdiction of the other Party.
2. Arrested vessels and their crews shall be promptly released, subject to such
reasonable bond or other security as may be determined by the court.
3. Enforcement actions under this Treaty shall not include imprisonment.

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4. In the case of seizure and arrest of a vessel by the authorities of one Party,
notification shall be given promptly through diplomatic or consular channels
informing the other Party of the action taken and of any penalties
subsequently imposed.
ARTICLE VI
1. Either Party may at any time request consultations on the interpretation or
application of this Treaty. Such consultations should commence as soon as
practicable but in any case not later than sixty days from the date of receipt of
the request for consultations, unless otherwise agreed by the Parties.
2. In the event of a dispute arising between the Parties concerning the
interpretation or application of this Treaty, the Parties shall consult with a
view to resolving the dispute by negotiation.
ARTICLE VII
The Annexes may be amended by the Government of Canada and the President of
the United States through an Exchange of Notes.
ARTICLE VIII
This Treaty shall enter into force upon the exchange of instruments of ratification
at Ottawa. After two years from the date of entry into force, either Party may give
written notice to the other Party to terminate this Treaty. The Treaty shall terminate on
December 31 of the calendar year following that in which such notice was received by
the other Party.
In WITNESS WHEREOF, the undersigned, being duly authorized by their
respective Governments, have signed this Treaty.
Done at Washington in duplicate, in the English and French languages, both
versions being equally authentic, this Twenty-sixth day of May, 1981.
PETER TOWE
For the Government of
Canada
WILLIAM CLARK
For the Government of the
United States of America

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ANNEX A
1. a) Each Party agrees to provide annually to the other Party a list of its fishing
vessels which propose to fish albacore tuna off the coast of the other Party. The
list will include;
(i)
(ii)
(iii)
(iv)
(v)

vessel name;
home port;
radio call sign;
fishing vessel registration number, and
captain or operator’s name, if known.

b)

Each Party may provide the other Party with additions or deletions to its
list at any time.

c)

As soon as possible after receipt, and subject to paragraph 1(d) below, the
receiving Party shall satisfy itself that the list received meets the criteria of
paragraph 1(a) and shall so inform the other Party in order to enable the
albacore fishery to proceed pursuant to this Treaty.

d)

Should, due to serious or repeated fisheries violations or offenses, one
Party object to the inclusion of a particular vessel on the list of the other
Party, the two Parties shall consult. In this event, actions pursuant to
paragraph 1(c) with regard to other vessels shall not be delayed.
Following consultations, each Party shall notify its vessels which both
Parties agree shall not be include on the list referred to in paragraph 1(c).

2. If required by either Party, each vessel shall, upon entering and at least 24
hours prior to leaving the fishing zone of such Party, so inform the appropriate
authorities and provide the vessel name, radio call sign and captain or operator’s
name.
3. When in the fishing zone of the other Party, each vessel shall have its name
and radio call sign prominently displayed where they will be clearly visible both
from the air and from a surface vessel.
4. Vessels of both Parties shall keep accurate log records while fishing pursuant
to this Treaty.
5. In order that better information on the stocks of albacore tuna which migrate
off the west coasts of the United States and Canada may be obtained, each vessel
engaged in fishing pursuant to this Treaty shall provide to its government
statistics and other scientific information on its operations in the fishing zone of
the other Party. Each Party shall provide to the other Party twice yearly such
information and in particular the amount (number and weight) of albacore tuna
caught by its vessels in waters under the fisheries jurisdiction of the other Party.
Other specific information to be provided, as well as the forms and procedures for
providing such information, shall be agreed upon by the two Parties.
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ANNEX B
1. Fishing vessels of the United States of America shall, pursuant to Article II,
be authorized to enter the following ports located in Canada:
Coal Harbour
Port Hardy
Prince Rupert
Victoria
Vancouver
Ucluelet
2. Canadian fishing vessels shall, pursuant to Article III, be authorized to
enter the following ports located in the United States of America:
Astoria
Bellingham
Coos Bay
Eureka
Newport
Westport

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