[Senate Treaty Document 108-1]
[From the U.S. Government Publishing Office]



108th Congress 
 1st Session                                                Treaty Doc.
                                 SENATE                           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

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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






                         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.





                          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 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 allowingunlimited 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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