Amendments to Albacore Tuna Treaty

1

108TH CONGRESS
"
1st Session

"

SENATE

TREATY DOC.
108–1

AGREEMENT AMENDING TREATY WITH CANADA CONCERNING PACIFIC COAST ALBACORE TUNA VESSELS
AND PORT PRIVILEGES

MESSAGE
FROM

THE PRESIDENT OF THE UNITED STATES
TRANSMITTING

AGREEMENT AMENDING THE TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF CANADA ON PACIFIC COAST ALBACORE TUNA VESSELS AND PORT PRIVILEGES DONE AT WASHINGTON MAY 26,
1981 (THE ‘‘TREATY’’), EFFECTED BY AN EXCHANGE OF DIPLOMATIC NOTES AT WASHINGTON ON JULY 17, 2002, AND AUGUST
13, 2002 (THE ‘‘AGREEMENT’’). ENCLOSED IS THE REPORT OF
THE SECRETARY OF STATE ON THE AGREEMENT AND A RELATED AGREEMENT, EFFECTED BY AN EXCHANGE OF NOTES AT
WASHINGTON ON AUGUST 21, 2002, AND SEPTEMBER 10, 2002,
AMENDING THE ANNEXES TO THE TREATY

JANUARY 9, 2003.—Agreement was read the first time, and together with
the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate

U.S. GOVERNMENT PRINTING OFFICE

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WASHINGTON

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LETTER OF TRANSMITTAL

THE WHITE HOUSE, January 9, 2003.
To the Senate of the United States:
With a view to receiving the advice and consent of the Senate to
ratification, I transmit herewith the Agreement Amending the
Treaty between the Government of the United States of America
and the Government of Canada on Pacific Coast Albacore Tuna
Vessels and Port Privileges done at Washington May 26, 1981 (the
‘‘Treaty’’), effected by an exchange of diplomatic notes at Washington on July 17, 2002, and August 13, 2002 (the ‘‘Agreement’’).
I am also enclosing, for the information of the Senate, the report
of the Secretary of State on the Agreement and a related agreement, effected by an exchange of notes at Washington on August
21, 2002, and September 10, 2002, amending the Annexes to the
Treaty; this related agreement was concluded pursuant to Article
VII of the Treaty.
The Treaty currently permits unlimited fishing for albacore tuna
by vessels of each Party in waters under the jurisdiction of the
other Party. The Agreement amends the Treaty to allow for a limitation on such fishing necessitated by changing circumstances.
The U.S. fishing and processing industries strongly support the
amendment to the Treaty. The amendment not only allows the Parties to redress the imbalance of benefits received by U.S. fishers
that has developed in the operation of the Treaty, but also preserves U.S. interests under the Treaty, including the interest of
U.S. fishers to fish in Canadian waters at times when the albacore
stock moves northward, the interest of U.S. processors to continue
to receive Canadian catches for processing, and the U.S. interest in
being able to conserve and manage the stock.
The recommended legislation necessary to implement the Agreement will be submitted separately to the Congress.
I recommend that the Senate give favorable consideration to this
Agreement and give its advice and consent to ratification at an
early date.
GEORGE W. BUSH.

(III)

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LETTER OF SUBMITTAL

October 9, 2002.
The PRESIDENT,
The White House.
THE PRESIDENT: I have the honor to submit to you, with a view
to its transmission to the Senate for advice and consent to ratification, the Agreement Amending the Treaty between the Government
of the United States of America and the Government of Canada on
Pacific Coast Albacore Tuna Vessels and Port Privileges done at
Washington May 26, 1981 (the ‘‘Treaty’’), effected by an exchange
of diplomatic notes at Washington on July 17, 2002 and August 13,
2002 (the ‘‘Agreement’’). I also enclose, for the information of the
Senate, a related agreement, effected by an exchange of notes at
Washington on August 21, 2002 and September 10, 2002 amending
the Annexes to the Treaty.
The Treaty currently permits unlimited fishing for albacore tuna
by vessels of each Party in waters under the jurisdiction of the
other Party. The Agreement amends Article 1(b) of the Treaty to
allow for a limitation on such fishing necessitated by changing circumstances. The details of such limitation are set forth in a new
Annex C to the Treaty. The new Annex C and a few additional
amendments to Annex A are contained in the related agreement
that is being submitted for the information of the Senate. Like an
October 9, 1997, exchange of notes that amended Annex B, this related agreement has been concluded pursuant to Article VII of the
Treaty.
The original Treaty, concluded in 1981, was negotiated to allow
unlimited fishing by U.S. and Canadian fishers in one another’s
waters at a time when Canada asserted jurisdiction over tuna out
to 200 miles, but the United States did not recognize or assert such
claims. (This U.S. position changed in the early 1990’s.) In the
years since 1981, however, albacore tuna have been found more frequently in U.S. waters than in Canadian waters. As a result, Canadian fishers have fished regularly in U.S. waters, while U.S. fishers
have fished significantly in Canadian waters only in approximately
three out of the last twenty years. Since 1998, Canada has more
than doubled its albacore tuna fishery in U.S. waters.
This change in fishing patterns resulted in complaints by U.S.
fishers that the increased number of Canadian vessels was causing
overcrowding on U.S. fishing grounds and that Canadian fishers
were receiving disproportionate benefits under the Treaty. Many
U.S. fishers called for termination of the Treaty if limitations were
not placed on Canadian vessels in U.S. waters.
In response to U.S. industry complaints, and after consultations
with the National Marine Fisheries Service and the U.S. fishing
(V)

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VI

and seafood processing industries, the Department of State initiated technical discussions with Canada in November 2000 to develop data on the albacore tuna fishery and to share our concerns.
In early 2001, the United States entered into negotiations with
Canada to amend the Treaty to provide a mechanism for setting a
limitation on the fishery in each other’s waters under the Treaty.
The U.S. goal in the negotiations was not only to reduce Canadian fishing effort in U.S. waters to tolerable and more equitable
levels, but also to create a fishery limitation mechanism for both
Parties that could respond to future needs to conserve and manage
the stock. The United States expects to implement a management
plan for the albacore fishery in U.S. waters with respect to U.S.
vessels in the near future. It would be difficult to implement such
a management plan if unlimited fishing by Canadian vessels were
still to be permitted under the Treaty.
On April 24, 2002, U.S. and Canadian negotiators reached agreement on an amendment to Article 1(b) of the Treaty that changes
the Treaty’s purpose from allowing unlimited fishing to one that allows the United States and Canada to establish a mutually agreed
fisheries limitation regime applicable to each Party’s vessels fishing
for albacore in waters subject to the fisheries jurisdiction of the
other Party. They also agreed in the related agreement amending
the Treaty’s Annexes to an initial three-year fisheries limitation regime, set out in Annex C, that reduces the fishing effort each year
until a level is reached in the third year that is slightly above the
pre-1998 average level of fishing.
Annex C also provides for a further reduced level of fishing after
the three-year period if the Parties are not able to reach agreement
on a subsequent regime. The structure of the regime and its placement in Annex C provide the mechanism for readjustment of the
fishing limitation to respond to changing conservation and fishery
management needs in a timely manner through agreements to
amend the Annexes pursuant to Article VII of the Treaty.
The U.S. Department of Commerce and the U.S. fishing industry
strongly support the amendment of the Treaty to allow the Parties
to set fishing limitations. The Agreement not only allows the Parties to redress the imbalance of benefits that has developed in the
operation of the Treaty, but also preserves U.S. interests under the
Treaty, including the interests of U.S. fishers to fish in Canadian
waters at times when the albacore stock moves northward, the interest of U.S. processors in continuing to receive Canadian catches
for processing, and the U.S. interest in being able to conserve and
manage the stock.
The recommended legislation necessary to implement the Agreement will be submitted separately to the Congress.
I therefore recommend that you submit the Agreement to the
Senate for its advice and consent to ratification at the earliest possible date.
Respectfully submitted.
COLIN L. POWELL.
Enclosures: As stated.

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