ARTICLE IV The Commission shall have the following duties: (a) (b) (c) (d) (e) to formulate a research program or programs designed to determine the need for measures to make possible the maximum sustained productivity of any stock of fish in the Convention Area which, in the opinion of the Commission, is of common concern to the fisheries of the United States of America and Canada and to determine what measures are best adapted for such purpose; to coordinate research made pursuant to such programs and, if necessary, to undertake such research itself; to recommend appropriate measures to the Contracting Parties on the basis of the findings of such research programs; to formulate and implement a comprehensive program for the purpose of eradicating or minimizing the sea lamprey populations in the Convention Area; and to publish or authorize the publication of scientific and other information obtained by the Commission in the performance of its duties. ARTICLE V In order to carry out the duties set forth in Article IV, the Commission may: (b) take measures and install devices in the Convention Area and the tributaries thereof for lamprey control; and 1. In the performance of its duties, the Commission shall, in so far as feasible, make use of the official agencies of the Contracting Parties and of their Provinces or States and may make use of private or other public organizations, including international organizations, or of any person. 2. The Commission may seek to establish and maintain working arrangements with public or private organizations for the purpose of furthering the objectives of this Convention. ARTICLE VII Upon the request of the Commission a Contracting Party shall furnish such information pertinent to the Commission's duties as is practicable. A Contracting Party may establish conditions regarding the disclosure of such information by the Commission. ARTICLE VIII 1. Each Contracting Party shall determine and pay the expenses of its Section. Joint expenses incurred by the Commission shall be paid by contributions made by the Contracting Parties. The form and proportion of the contributions shall be the approved by the Contracting Parties after the Commission has made a recommendation. 2. The Commission shall submit an annual budget of anticipated joint expenses to the Contracting Parties for approval. ARTICLE IX The Commission shall submit annually to the Contracting Parties a report on the discharge of its duties. It shall make recommendations to or advise the Contracting Parties whenever it deems necessary on any matter relating to the Convention. ARTICLE X Nothing in this Convention shall be construed as preventing any of the States of the United States of America bordering on the Great Lakes or, subject to their constitutional arrangements, Canada or the Province of Ontario from making or enforcing laws or regulations within their respective jurisdictions relative to the fisheries of the Great Lakes so far as such laws or regulations do not preclude the carrying out of the Commission's duties. ARTICLE XI The Contracting Parties agree to enact such legislation as may be necessary to give effect to the provisions of this Convention. ARTICLE XII The Contracting Parties shall jointly review in the eighth year of operation of this Convention the activities of the Commission in relation to the objectives of the Convention in order to determine the desirability of continuing, modifying or terminating this Convention. ARTICLE XIII 1. This Convention shall be ratified and the instruments of ratification shall be exchanged at Ottawa. 2. This Convention shall enter into force on the date of the exchange of the instruments of ratification. It shall remain in force for ten years and shall continue in force thereafter until terminated as provided herein. 3. Either Contracting Party may, by giving two years' written notice to the other Contracting Party, terminate this Convention at the end of the initial ten-year period or at any time thereafter. IN WITNESS WHEREOF the respective Plenipotentiaries have signed the present Convention. DONE at Washington, in duplicate, this tenth day of September, 1954. FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: WALTER BEDELL SMITH WM C HERRINGTON FOR THE GOVERNMENT OF CANADA: A. D. P. HEENEY. STEWART BATES. Amendment to the Convention on Great Lakes Fisheries, Ottawa, 1966–1967 Done at Ottawa 5 April 1966 and 19 May 1967 Entered into force 19 May 1967 Primary source citation: 18 UST 1402, TIAS 6297 DEPARTMENT OF EXTERNAL AFFAIRS OTTAWA, CANADA April 5, 1966. His Excellency W. WALTON BUTTERWORTH, Ambassador of the United States of America, 100 Wellington Street, Ottawa. No. X-92 EXCELLENCY, I have the honour to refer to conversations between representatives of our two Governments concerning amendment of the Convention on Great Lakes Fisheries between Canada and the United States of America signed at Washington on September 10, 1954 to provide for the appointment by each Contracting Party of an additional member on the Great Lakes Fisheries Commission. In accordance with those conversations, it is the understanding of the Government of Canada that the above-mentioned Convention shall be amended by substituting the word "four" for the word "three" in the second sentence of paragraph 1 of Article II. I also have the honour to propose that, on confirmation of the foregoing understanding on behalf of the Government of the United States, this Note and Your Excellency's reply to that effect shall constitute an agreement between our two Governments, which shall enter into force on the date of Your Excellency's reply. Accept, Excellency, the renewed assurances of my highest consideration. PAUL MARTIN Secretary of State EMBASSY OF THE UNITED STATES OF AMERICA May 19, 1967 The Honorable PAUL MARTIN, Secretary of State for External Affairs, Ottawa. No. 298 SIR: I have the honor to refer to your note of April 5, 1966, which reads as follows: "I have the honour to refer to conversations between representatives of our two Governments concerning amendment of the Convention on Great Lakes Fisheries between Canada and the United States of America signed at Washington on September 10, 1954 to provide for the appointment by each Contracting Party of an additional member on the Great Lakes Fisheries Commission. "In accordance with those conversations, it is the understanding of the Government of Canada that the above-mentioned Convention shall be amended by substituting the word 'four' for the word 'three' in the second sentence of paragraph 1 of Article II. "I also have the honour to propose that, on confirmation of the foregoing understanding on behalf of the Government of the United States, this Note and Your Excellency's reply to that effect shall constitute an agreement between our two Governments, which shall enter into force on the date of Your Excellency's reply." I have the honor to confirm the foregoing understanding on behalf of my Government. Accordingly, your note and this reply shall constitute an agreement between our two Governments, which shall enter into force this day. Accept, Sir, the renewed assurances of my highest consideration. W. W. BUTTERWORTH Treaty Between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges, Washington, 1981 Done at Washington 26 May 1981 Entered into force 29 July 1981 Primary source citation: 33 UST 615, TIAS 10057 TREATY BETWEEN THE GOVERNMENT OF THE The Government of the United States of America and the Government of Canada, Desiring to cooperate in matters concerning the albacore tuna fishery off the Pacific Coast of the United States and Canada, 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) (b) 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; 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. |