registration permit shall be issued for a specific vessel, shall be applicable for the annual period beginning April 1, 1979, and ending March 31, 1980, or for the annual period beginning April 1, 1980, and ending March 31, 1981, and shall not be transferable. 9. Nationals and fishing vessels of Canada intending to fish for halibut in the maritime area in which the United States exercises exclusive fisheries jurisdiction shall report to appropriate United States officials, at least 24 hours prior to entering the area: (c) the sub-area, as described in paragraph 13 of this Annex, in which fishing will initially take place. Nationals and fishing vessels of Canada shall have no fish on board at the time of entry into the maritime area in which the United States exercises exclusive fisheries jurisdiction, except for immediate on-board use as bait. 10. 11. Nationals and fishing vessels of Canada, while operating within the maritime area in which the United States exercises exclusive fisheries jurisdiction, shall: 12. (a) (b) have the name and port of registration clearly visible on the stern and fly the flag of Canada at all times; prior to moving between sub-areas, as described in paragraph 13 of this Annex, report to appropriate United States officials: (i) the vessel name and registration permit number; (ii) the sub-area in which fishing will cease; (iii) the sub-area in which fishing will take place; (iv) the date upon which the move will take place. Nationals and fishing vessels of Canada, prior to departure from the maritime area in which the United States exercises exclusive fisheries jurisdiction, shall report to appropriate United States officials: (c) the estimated amount (in pounds) of halibut on board upon departure from such area; 13. The sub-areas of the maritime area in which the United States exercises exclusive fisheries jurisdiction, referred to in paragraphs 9 and 11 are: (a) (b) (c) (d) Southeast: adjacent to Alaska, south and east of a line running south one-quarter east (177° magnetic) from Cape Spencer Light (58°11′57′′ North latitude, 136°38′18′′ West longitude); Yakutat: adjacent to Alaska, north and west of a line running south one-quarter east (177° magnetic) from Cape Spencer Light to 147°00′ West longitude; Kodiak: adjacent to Alaska, west of 147°00′ West longitude to 159°00′ West longitude, not including the Bering Sea; Shumagin: adjacent to Alaska, west of 159°00′ West longitude to 173°00′ West longitude, not including the Bering Sea; (e) Aleutian: adjacent to Alaska, west of 173°00' West longitude, not including the Bering Sea; (f) Washington/Oregon/California: adjacent to Washington, Oregon and California. 14. By January 1, 1981, and thereafter as it considers appropriate, the Commission shall, on the basis of a review of pertinent information, recommend for the approval of the Parties any appropriate changes in the division of the annual total allowable catch set forth in paragraph 3 of this Annex. No such changes may take effect before April 1, 1981. 15. Each year the Commission shall report to the Parties as soon as 75 percent has been taken of that portion of the annual total allowable catch authorized under paragraph 3(a) or 3(b) of this Annex. Upon making this report, the Commission may recommend to the Parties reallocation of the annual total allowable catch in Area 2 between the areas described in paragraphs 3(a) and 3(b) of this Annex. Any such recommendation shall include a date upon which the reallocation, if approved by the Parties, shall take effect. Such reallocation may, notwithstanding the terms of paragraph 14, take effect at any time, and shall remain in effect until March 31 following the date on which it takes effect. 16. Pending delimitation of maritime boundaries between the United States and Canada in the Convention area, the following principles shall be applied as interim measures in the boundary regions: (a) as between the Parties, enforcement of the Convention shall be carried out by the flag state; (b) neither Party shall authorize fishing for halibut by vessels of third parties; (c) either Party may enforce the Convention with respect to fishing for halibut, or related activities, by vessels of third parties. 17. For purposes of this Annex, “Area 2” means that portion of the Convention waters east of a line running northwest one-quarter west (312° magnetic) from Cape Spencer Light (latitude 58°11′57′′ North, longitude 136°38′18′′ West) and south and east of a line running south one-quarter east (177° magnetic) from said light.” ARTICLE II This Protocol shall be ratified by the Parties and the instruments of ratification exchanged at Ottawa as soon as possible. This Protocol shall enter into force on the date of exchange of ratifications. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Protocol. DONE at Washington in duplicate, in the English and French languages, both texts being equally authentic, this twenty-ninth day of March, 1979. It is the understanding of the Government of the United States and the Government of Canada that, for purposes of numbered paragraph 3 of the Annex to the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, as amended by the Protocol, done at Washington, March 29, 1979, and in the absence of delimitation of maritime boundaries between the United States and Canada in the Convention area, any halibut caught by nationals and vessels of a Party in the maritime area in which, as of March 29, 1979, both Parties claim exclusive fisheries jurisdiction, shall be included in that Party's portion of the annual total allowable catch for Area 2, as set forth in subparagraphs (a) and (b) of paragraph 3 of the Annex. In the absence of delimitation of maritime boundaries between the United States and Canada in the Convention area, for the purposes of numbered paragraph 2 of the Annex to the Convention, as amended, any halibut caught by nationals and vessels of Canada in the maritime area in which, as of March 29, 1979, both Parties claim exclusive fisheries jurisdiction shall not be included in the Canadian entitlement of 3,000,000 pounds of halibut in the maritime area in which the United States exercises exclusive fisheries jurisdiction, as set forth in that paragraph. It is also the understanding of the Government of the United States and the Government of Canada that any regulations issued by the International Pacific Halibut Commission and subsequent to March 29, 1979, shall be governed by the exchange of notes between the Government of the United States and the Government of Canada signed on March 29, 1979. Washington, D.C., April 6, 1979 Convention on Great Lakes Fisheries Between the United States of America and Canada, Washington, 1954 Done at Washington 10 September 1954 Entered into force 11 October 1955 Primary source citation: 6 UST 2836, TIAS 3326 CONVENTION ON GREAT LAKES FISHERIES BETWEEN The Government of the United States of America and the Government of Canada, Taking note of the interrelation of fishery conservation problems and of the desirability of advancing fishery research in the Great Lakes, Being aware of the decline of some of the Great Lakes fisheries, Being concerned over the serious damage to some of these fisheries caused by the parasitic sea lamprey and the continuing threat which this lamprey constitutes for other fisheries, Recognizing that joint and coordinated efforts by the United States of America and Canada are essential in order to determine the need for and the type of measures which will make possible the maximum sustained productivity in Great Lakes fisheries of common concern, Have resolved to conclude a convention and have appointed as their respective Plenipotentiaries: The Government of the United States of America: Walter Bedell Smith, Acting Secretary of State of the United States of America, and William C. Herrington, Chairman of the Delegation of the United States of America to the Great Lakes The Government of Canada: Arnold Danford Patrick Heeney, Ambassador Extraordinary and Plenipotentiary of Canada to the Stewart Bates, Chairman of the Delegation of Canada to the Great Lakes Fisheries Conference, who, having communicated to each other their respective full powers, found in good and due form, have agreed as follows: ARTICLE I This Convention shall apply to Lake Ontario (including the St. Lawrence River from Lake Ontario to the forty-fifth parallel of latitude), Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, Lake Superior and their connecting waters, hereinafter referred to as “the Convention Area”. This Convention shall also apply to the tributaries of each of the above waters to the extent necessary to investigate any stock of fish of common concern, the taking or habitat of which is confined predominantly to the Convention Area, and to eradicate or minimize the populations of the sea lamprey (Petromyzon marinus) in the Convention Area. 1. ARTICLE II The Contracting Parties agree to establish and maintain a joint commission, to be known as the Great Lakes Fishery Commission, hereinafter referred to as "the Commission", and to be composed of two national sections, a Canadian Section and a United States Section. Each Section shall be composed of not more than three members appointed by the respective Contracting Parties. 2. Each Section shall have one vote. A decision or recommendation of the Commission shall be made only with the approval of both Sections. 3. Each Contracting Party may establish for its Section an advisory committee for each of the Great Lakes. The members of each advisory committee so established shall have the right to attend all sessions of the Commission except those which the Commission decides to hold in camera. ARTICLE III 1. At the first meeting of the Commission and at every second subsequent annual meeting thereafter the members shall select from among themselves a Chairman and a Vice-Chairman, each of whom shall hold office from the close of the annual meeting at which he has been selected until the close of the second annual meeting thereafter. The Chairman shall be selected from one Section and the Vice-Chairman from the other Section. The offices of Chairman and Vice-Chairman shall alternate biennially between the Sections. 2. designate. The seat of the Commission shall be at such place in the Great Lakes area as the Commission may 3. The Commission shall hold a regular annual meeting at such place as it may decide. It may hold such other meetings as may be agreed upon by the Chairman and Vice-Chairman and at such time and place as they may designate. 4. The Commission shall authorize the disbursement of funds for the joint expenses of the Commission and may employ personnel and acquire facilities necessary for the performance of its duties. 5. The Commission shall make such rules and by-laws for the conduct of its meetings and for the performance of its duties and such financial regulations as it deems necessary. 6. The Commission may appoint an Executive Secretary upon such terms as it may determine. 7. The staff of the Commission may be appointed by the Executive Secretary in the manner determined by the Commission or appointed by the Commission itself on terms to be determined by it. 8. The Executive Secretary shall, subject to such rules and procedures as may be determined by the Commission, have full power and authority over the staff and shall perform such functions as the Commission may prescribe. If the office of Executive Secretary is vacant, the Commission shall prescribe who shall exercise such power or authority. |