[Federal Register Volume 65, Number 31 (Tuesday, February 15, 2000)]
[Notices]
[Page 7606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3437]



[[Page 7606]]

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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Practices of the Government of Canada and of the Province of 
Ontario Regarding Measures Affecting Tourism and Sport Fishing

ACTION: Notice of results of section 302 investigation and invitation 
for public comments.

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SUMMARY: The United States Trade Representative (USTR) has conducted an 
investigation initiated under section 302(a) of the Trade Act of 1974, 
as amended (the Trade Act) (19 U.S.C. 2412(a)), with respect to certain 
acts, policies and practices of the Government of Canada and of the 
Province of Ontario that may discriminate against U.S. providers of 
tourism services. The USTR initiated this investigation on April 29, 
1999, in response to a petition filed by the Border Waters Coalition 
Against Discrimination in Services Trade. Subsequently, the Government 
of Canada and the Province of Ontario have taken steps that provide a 
satisfactory resolution of the dispute concerning the acts, policies, 
and practices that are the subject of this investigation. Therefore, 
pursuant to section 304(a)(1)(B) of the Trade Act, the USTR has 
determined that the appropriate action in this case is to terminate the 
investigation and to monitor the Canadian and Ontario Governments' 
implementation of these measures to eliminate those acts, policies, and 
practices. The USTR invites public comment with respect to this action.

ADDRESSES: Office of the United States Trade Representative, 600 17th 
Street, NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Mary Ryckman, Director for Canadian 
Affairs, (202) 395-3412, or Steven F. Fabry, Associate General Counsel, 
(202) 395-3582.

SUPPLEMENTARY INFORMATION: On March 15, 1999, the Border Waters 
Coalition Against Discrimination in Services Trade filed a petition 
pursuant to section 302(a) of the Trade Act alleging that certain acts, 
policies and practices of the Government of Canada and the Province of 
Ontario are actionable under section 301. In particular, the petition 
alleged that Ontario impaired the ability of Minnesota tourist 
establishments (fishing resorts, fishing guides, outfitters, and 
others) to compete against their Canadian counterparts by prohibiting 
U.S. recreational fishermen from keeping their catch if they lodged on 
the Minnesota side of certain lakes that straddle the U.S.-Canadian 
border. U.S. fishermen who lodged instead in Ontario tourist 
establishments were permitted to keep their catch. The petition alleged 
that, as a result, U.S. resorts, fishing guides, and other businesses 
tied to sport fishing suffered discrimination. The petition further 
alleged that Canadian immigration officials required U.S. fishing 
guides to obtain Canadian work authorizations to guide fishing trips 
into Canada. The petition also alleged that these acts, policies or 
practices had caused a sharp fall-off in the tourism industry, which 
directly or indirectly generates over $700 million in revenues per year 
in the Minnesota counties bordering Ontario. On April 29, 1999, the 
USTR determined that an investigation should be initiated under section 
302(a) of the Trade Act. See 64 FR 28545.
    During the course of this investigation, the U.S. Government held a 
series of consultations with the Government of Canada and the Province 
of Ontario on the matters under investigation. On October 29, 1999, the 
Province of Ontario announced that it had revoked the provincial 
measures that were under investigation in this matter. On November 4, 
1999, the Government of Canada agreed that the immigration measure 
under investigation would be reviewed by the NAFTA Temporary Entry 
Working Group. The USTR has determined that these measures and 
agreements provide a satisfactory resolution of the matters that are 
the subject of this investigation and that it is therefore appropriate 
to terminate this investigation. The USTR will continue to monitor 
implementation by the Government of Canada and the Province of Ontario 
of these measures and agreements.
    Prior to terminating this 301 action, the USTR consulted with the 
domestic industry that filed the petition and with the State of 
Minnesota. An opportunity for public comment prior to this action was 
not possible in view of the need to provide prompt relief to the 
domestic industry.

Public Comments

    Interested members of the public are invited to submit comments to 
USTR regarding this action. USTR will review these comments upon 
receipt.
    Comments must be filed in accordance with the requirements set 
forth in 15 CFR 2006.8(b) and must be filed on or before March 13, 
2000. Comments must be in English and provided in twenty copies to: 
Sybia Harrison, Staff Assistant to the Section 301 Committee, Room 223, 
Office of the U.S. Trade Representative, 600 17th Street, NW, 
Washington, DC 20508. Comments will be placed in a file (Docket 301-
119) open to public inspection pursuant to 15 CFR 2006.13, except 
confidential business information exempt from public inspection in 
accordance with 15 CFR 2006.15. Confidential business information 
submitted in accordance with 15 CFR 2006.15 must be clearly marked 
``BUSINESS CONFIDENTIAL'' in a contrasting color ink at the top of each 
page on each of 20 copies, and must be accompanied by a nonconfidential 
summary of the confidential information. The nonconfidential summary 
shall be placed in the file that is open to public inspection.
    Copies of the public version of the petition and other relevant 
documents are available for public inspection in the USTR Reading Room. 
An appointment to review the docket may be made by calling Brenda Webb 
(202) 395-6186. The USTR Reading Room is open to the public from 9:30 
a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through Friday, and is 
located in Room 101.

William Busis,
Chairman, Section 301 Committee.
[FR Doc. 00-3437 Filed 2-14-00; 8:45 am]
BILLING CODE 3190-01-M