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PROTOCOL TO THE INTERNATIONAL CONVENTION FOR THE NORTHWEST ATLANTIC FISHERIES RELATING TO ENTRY INTO FORCE OF PROPOSALS ADOPTED BY THE COMMISSION

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 facilitate the entry into force of proposals adopted by the Commission, agree as follows:

ARTICLE I

Paragraphs 7 and 8 of Article VIII of the Convention shall be amended to read as follows:

"7. (a) Each proposal made by the Commission under paragraphs 1 or 5 of this Article shall become effective for all Contracting Governments six months after the date on the notification from the Depositary Government transmitting the proposal to the Contracting Governments, except as otherwise provided herein.

"(b) If any Contracting Government participating in the Panel or Panels for the sub-area or sub-areas to which a proposal applies, or any Contracting Government in the case of a proposal made under paragraph 5 above, presents to the Depositary Government objection to any proposal within six months of the date on the notification of the proposal by the Depositary Government, the proposal shall not become effective for any Government for an additional sixty days. Thereupon any other Contracting Government participating in the Panel or Panels concerned, or any other Contracting Government in the case of a proposal made under paragraph 5 above, may similarly object prior to the expiration of the additional sixty-day period, or within thirty days after receiving notice of an objection by another Contracting Government made within such additional sixty days, whichever date shall be the later. The proposal shall become effective for all Contracting Governments except those Governments which have presented objections, at the end of the extended period or periods for objecting. If, however, objections have been presented by a majority of Contracting Governments participating in the Panel or Panels concerned, or by a majority of all Contracting Governmente in the case of a proposal made under paragraph 5, the proposal shall not become effective unless any or all of the Contracting Governments nevertheless agree as among themselves to give effect to it on an agreed date.

"(c) Any Contracting Government which has objected to a proposal may at any time withdraw that objection and the proposal shall become effective with respect to such Govern

ment, immediately if the proposal is already in effect, or at such time as it becomes effective under the terms of this Article.

"8. The Depositary Government shall notify each Contracting Government immediately upon receipt of each objection and of each withdrawal of objection, and of the entry into force of any proposal."

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1. This Protocol shall be open for signature and ratification or approval or for adherence by 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, from all the Governments parties to the Convention.

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 or approvals deposited and adherences received and of of the date this Protocol enters into force.

ARTICLE III

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.

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For the United Kingdom of Great Britan and Northern Ireland:

PATRICK DEAN

For the United States of America:

BURDICK H. BRITTIN

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 Entry into Force of Proposals Adopted by the Commission, 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.

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Mr. FRASER. In order to explain the proposed legislation in detail, we have in attendance from the Department of State, Mr. Donald L. McKernan.

Mr. McKernan is Special Assistant to the Secretary for Fisheries and Wildlife and Coordinator of Ocean Affairs. He is accompanied by his assistant, Mr. William L. Sullivan, Jr.

Also in attendance today are Mr. William M. Terry, the acting Deputy Director and International Affairs Officer of the National Oceanic and Atmospheric Administration, and representing the U.S. Coast Guard are Lt. Michael Jacobs, Office of the General Counsel, and Lt. Leo Morehouse, Office of Operations.

I understand that while these gentlemen have no prepared testimony, they are here to answer any questions relating to the role of their organization in the proposed legislation.

Mr. Thomas A. Fulham, vice president of the Boston Fish Market Corp. and a member of the International Commission for Northwest Atlantic Fisheries was to attend today's hearing but could not come due to a conflict in his schedule.

He did, however, forward his written testimony on H.R. 8791 which is before the Members and on the press table.

Without objection, it will be included in the record at this point. (The document referred to follows:)

BOSTON FISH MARKET CORP.,
Boston, Mass., June 8, 1971.

Hon. DONALD M. FRASER, Chairman, Subcommittee on International Organizations and Movements, House Committee of Foreign Affairs, House of Representatives, Washington, D.C. DEAR CHAIRMAN FRASER: My name is Thomas A. Fulham, Vice President, Boston Fish Market Corporation, 253 Northern Avenue, Boston, Massachusetts. and one of three United States Commissioners of the International Commission for Northwest Atlantic Fisheries. I wish to be recorded in favor of those provisions of House Bill 8791 which have to do with amendments to the Northwest Atlantic Fisheries Act of 1950.

This Bill contains two extremely important protocols, one which concerns itself with the entry into force of regulations proposed by the International Commission for the Northwest Atlantic Fishery and the other which concerns itself with International Measures of Control to ensure uniform application of the fisheries conservation regulations in the convention area through joint action. I have been associated with the International Commission for the Northwest Atlantic Fisheries since its inception in 1949, as a signer of the Final Act, as an advisor from 1950 to 1958, and as a Commissioner from 1959 to the present. In many respects this Treaty has not been a success. Its intent and purpose was to so regulate the fish populations contained within its area of jurisdiction, that a maximum sustainable yield could be harvested annually and the population preserved for future generations. In actuality, the populations have been decimated and reduced to such an extent that unless drastic measures of regulation and control are introduced, I have no doubt that the fish populations remaining will be of little value to anyone.

This discouraging situation has arisen because of two principle reasons. The first reason being the interminable delays which have occurred between the presentation of a protocol and its eventual entry into force. Some protocols have exceeded six years from the time they were proposed until they actually became part of the regulatory scheme. It is quite easy to see that a measure which might have been viewed as a biological necessity at its inception, provided little benefit by the time it was applied. The second contributory reason for the lack of success in this convention has been the absence of a uniform system of enforcement. International Measures of Control were proposed originally in 1962 at the Moscow meeting of the Commission, have been the subject of innumerable meet

ings since and as yet have not entered into force. During this period, we have witnessed the practical elimination of the haddock population, the drastic reduction of the yellowtail flounder population and a 70% decline in the vast schools of herring which once amounted to almost 1,000,000 tons in Sub Area 5, which is the area of most interest to our United States fishermen. There has been no way to verify abuse of regulations or the rumors of abuse. This has resulted in non-cooperation between participants and great antagonism among the fishermen of different nations.

The provisions of HR 8791 will allow the United States to become a full partner in International Measures of Control which will serve not only to regulate our own fishermen, but also those of other nations occupying the same fishing grounds. It is of equal importance that the enforcement officers of different nations be enabled to visit each other's vessels to verify complaints of compliance or non-compliance.

I should also like to comment on Title III, Section 301. This provision will allow the appointment of alternate United States Commissioners to the International Commissions. It should be adopted as a very useful measure. I should however, ask that some provision be made for substituting representatives of similar competence when they are appointed, in order to provide the same representation from interested parties which is now in effect. Elements such as industry, labor or the various State Governments are represented currently and this balance of interest should be maintained.

Respectfully submitted,

Mr. FRASER. We will begin with Mr. McKernan.

THOMAS A. FULHAM

STATEMENT OF DONALD L. McKERNAN, SPECIAL ASSISTANT TO THE SECRETARY OF STATE FOR FISHERIES AND WILDLIFE AND COORDINATOR OF OCEAN AFFAIRS, DEPARTMENT OF STATE

Mr. McKERNAN. Thank you, Mr. Chairman. With your permission. I would ask that Mr. Terry and Mr. Sullivan accompany me to answer any questions. Mr. Terry, by the way, Mr. Chairman, is also a member. a Government member, of the International Commission for Northwest Atlantic Fisheries, so while it is unfortunate that Mr. Fulham is not here, Mr. Terry is a member of the Commission along with Mr. Fulham.

My name is Donald L. McKernan. I am Special Assistant for Fisheries and Wildlife and Coordinator of Ocean Affairs in the Department of State. I am pleased to appear before the subcommittee today in support of H.R. 8791, a bill "to amend the Northwest Atlantic Fisheries Act of 1950, the North Pacific Fisheries Act of 1954, and for other purposes.

The proposed legislation is designed to bring the Northwest Atlantic Fisheries Act into accord with recent changes in the International Convention for the Northwest Atlantic Fisheries. The Northwest Atlantic Fisheries Act of 1950 is the domestic implementing legislation for the convention. Title I of H.R. 8791 is designed to reflect the changes which took effect in the convention as a result of two protocols which entered into force in December of 1969.

One amendment to the convention changed the procedure for bringing regulatory proposals of the International Commission for the Northwest Atlantic Fisheries into effect.

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