While prompt action would thus be assured on any Commission proposals dealing with measures of control, the principal aim of the protocol is to improve the procedure for bringing needed conservation regulations into force. There are presently a large number of such recommendations outstanding, dating back to 1957. To enter into force, a proposal at present must be accepted by each contracting government participating in the panel for the subarea to which the proposal applies. In the case of proposals affecting the entire convention area, as would the proposals on measures of control, acceptance by all contracting governments is required. No proposals have yet been made affecting the entire convention area, but some two dozen proposals are outstanding affecting various subareas. The long delays which occur are apparently occasioned by inertia, since, in general, substantive objections have not arisen. In spite of a recent campaign to secure the required action by governments concerned, the number of outstanding proposals has continued to grow.

Provisions in certain other treaties provide a more satisfactory procedure for bringing into force conservation regulations proposed to governments by international fisheries commissions. In particular, the International Whaling Convention, to which the United States is a party, and the Northeast Atlantic Fisheries Convention, to which the United States is not a party, provide for automatic entry into force of proposals after specified periods unless objections are made by the governments concerned. The provisions of these two conventions, suitably modified to take into account certain differences in the International Convention for the Northwest Atlantic Fisheries, form the basis for the present protocol.

The protocol provides that proposed regulations would enter into force after 6 months unless objection is made by one or more contracting governments. Six months is specified to give the contracting governments adequate time to study proposals and to notify objection. If any contracting government objected, there would be an additional period of 60 days, or 30 days after receiving notice of an objection by another contracting government, whichever date is later, during which other contracting governments could object. This is to protect the interests of one government which may not have any objection to a proposal, but which considered that it would be at a disadvantage if another contracting government objected and thereby relieved its nationals from observing the regulation. If, at the end of the period or periods for objecting, a majority of contracting governments had objected, the proposal would not enter into force. If less than a majority objected, the proposal would enter into force for those which had not objected. In practice, it is believed that if a government which played a significant role in the fishery to be regulated objected, enough others would also object so that the proposal would. not enter into force. If, on the other hand, only one or a few governments objected, but they did not participate in the fishery or participated only to a minor extent, others would not object and the proposal would enter into force. In this case, nonparticipation or minor participation would mean that there would be no substantial effect on the conservation of the fishery in question and therefore the aims of the convention would be achieved, even though the fishermen from some nation or nations were not bound to observe the regulation.

Of course, the significance of a nation's fishery may change, and the nonobservance of a regulation by that nation's fishermen may become significant even though it was not significant at the time the regulation entered into force. In this event the other contracting governments would be protected by the provisions of paragraph 9 of article VIII. This paragraph permits contracting governments to give a 1 year's notification of termination of its acceptance of a regulation at any time after the expiration of 1 year from the date on which the proposal became effective. Any other contracting government may at any time after the proposal has ceased to be effective for another government withdraw its acceptance of the proposal.

The U.S. Government will be able to operate effectively under the change, as it does presently under the similar terms of the International Whaling Convention, and will benefit from having necessary conservation measures enter into force within a reasonable period. If the proposals do not enter into force because of objections, the Commission will be able to reconsider the matter at its next meeting and hopefully adopt a new proposal to achieve the same ends while overcoming the objections which have been made. The work of the Commission should proceed much more rapidly than it has heretofore.

The Department of the Interior, which has responsibility with the Department of State for U.S. approval of Commission proposals, participated in the formulation of the U.S. proposal to amend the convention as embodied in this protocol. The New England fishing industry is aware of the proposal through the industry advisory committee to the U.S. Commissioners, and has voiced its approval of efforts to achieve a more effective regulation of the fisheries where needed.

Minor amendments to the Northwest Atlantic Fisheries Act of 1950 would be required with respect to taking action on proposals received from the Commission. As with the other protocol, appropriate legislation will be proposed in due course. It is hoped that the legislation can be combined.

The protocols will enter into force when all the governments parties to the convention have deposited instruments of ratification, approval, or adherence. As noted, the protocols may enter into force at different times.

It is hoped that the protocols will be given favorable consideration by the Senate.

Respectfully submitted.

GEORGE W. BALL.

(Enclosures: Certified copies of the two protocols to the International Convention for the Northwest Atlantic Fisheries.)

PROTOCOL TO THE INTERNATIONAL CONVENTION FOR THE NORTHWEST ATLANTIC FISHERIES, RELATING TO MEASURES OF CONTROL

The Governments parties to the International Convention for the Northwest Atlantic Fisheries signed at Washington under date of February 8, 1949, which Convention, as amended, is hereinafter referred to as the Convention, desiring to provide for national and international measures of control on the high seas for the purposes of ensuring the application of the Convention and the measures in force thereunder, agree as follows:

ARTICLE I

Paragraph 5 of Article VIII of the Convention is amended by adding the following:

"and may also, on its own initiative, make proposals for national and international measures of control on the high seas for the purposes of ensuring the application of the Convention and the measures in force thereunder."

ARTICLE II

Paragraph 8 of Article VIII of the Convention is amended by adding the following:

"or, in the case of proposals made under paragraph 5 above, from all Contracting Governments.'

ARTICLE III

1. This Protocol shall be open for signature and ratification or approval or for adherence on behalf of any Government party to the Convention.

2. This Protocol shall enter into force on the date on which instruments of ratification or approval have been deposited with, or written notifications of adherence have been received by, the Government of the United States of America, on behalf of all the Governments parties to the Convention; provided, however, that Article II of this Protocol shall enter into force only if the Protocol Relating to Entry into Force of Proposals adopted by the Commission, done at Washington on November 29, 1965, has not entered into force and shall, in such case, continue in force only until that Protocol enters into force.

3. Any Government becoming a party to the Convention after this Protocol enters into force shall adhere to this Protocol, such adherence to be effective on the same date that such Government becomes a party to the Convention.

4. The Government of the United States of America shall inform all Governments signatory or adhering to the Convention of all ratifications and approvals deposited and adherences received and of the date this Protocol enters into force.

ARTICLE IV

1. The original of this Protocol shall be deposited with the Government of the United States of America, which Government shall communicate certified copies thereof to all the Governments signatory or adhering to the Convention.

2. This Protocol shall bear the date on which it is opened for signature and shall remain open for signature for a period of fourteen days thereafter, following which period it shall be open for adherence. IN WITNESS WHEREOF the undersigned, having deposited their respective powers, have signed this Protocol.

DONE at Washington this twenty-ninth day of November 1965, in the English language.

PATRICK DEAN

For the Union of Soviet Socialist Republics:

For the United Kingdom of Great Britain and Northern Ireland:

For the United States of America:

BURDICK H. BRITTIN

Dec. 2, 1965

December 8, 1965

Dec. 2, 1965

I CERTIFY THAT the foregoing is a true copy of the Protocol to the International Convention for the Northwest Atlantic Fisheries Relating to Measures of Control, which Protocol was signed at Washington under date of November 29, 1965 in the English language, the signed original of which is deposited in the archives of the Government of the United States of America.

IN TESTIMONY WHEREOF, I, DEAN RUSK, Secretary of State of the United States of America, have hereunto caused the seal of the Department of State to be affixed and my name subscribed by the Authentication Officer of the said Department, at the city of Washington, in the District of Columbia, this tenth day of January, 1966.

DEAN RUSK,