**Treaty Between the Government of the United States of America**

**and the Government of Canada on**

**Pacific Coast Albacore Tuna Vessels and Port Privileges**

**[Implementing Legislation]{.underline}**

Implementing legislation was signed on April 13, 2004, as Public Law
108-219, 118 Stat. 615.

**[Parties]{.underline}**

The United States and Canada.

**[Description]{.underline}**

The Treaty entered into force in 1982. In 2001, at the request of the
U.S. albacore fishing industry, the United States requested
consultations with Canada for the purpose of discussing limitations on
the catch or effort by fishing vessels of one Party operating in the
jurisdiction of the other Party. Following initial consultations, three
subsequent negotiating sessions culminated in agreement in April, 2002,
to amend the Treaty. The U.S. Senate gave its advice and consent to the
Treaty amendments, and Congress enacted H.R. 2584 (Public Law 108-219)
on March 29, 2004, to authorize the Secretary of Commerce to issue
regulations to implement the amended Treaty. The President signed H.R.
2584 into law on April 13, 2004. Proposed regulations to allow the
United States to implement the amendments to the Treaty were published
in April, 2004 and final regulations followed in June, 2004.

The United States and Canada agreed to allow fishing vessels of the
other Party to fish for albacore tuna in waters under its fisheries
jurisdiction beyond 12 nautical miles during a fishing season which
occurs from June through October in most years. The Treaty requires that
the United States and Canada annually exchange lists of fishing vessels
which may fish for albacore tuna in each other?s waters. The vessels
agree to abide by the provisions of the Treaty, which include: vessel
marking; hail-in, hail-out procedures; recordkeeping; reporting. The
Treaty also allows the fishing vessels of each Party to enter designated
fishing ports of the other Party to:

> 1\. land their catches of albacore without payment of duties, and
>
> 2\. transship them in bond under the supervision of U.S. Customs and
> Border Protection to any port of the
>
> flag state, or
>
> 3\. sell them for export in bond, or
>
> 4\. sell them locally on payment of the applicable customs duty and
>
> 5\. obtain fuel, supplies, repairs, and equipment on the same basis as
> albacore tuna vessels of the other
>
> Party.

Under the amended Treaty, the United States and Canada also agree to:

> 1\. Establish limits on reciprocal fishing by vessels of one Party in
> the other Party?s waters which will have the effect of decreasing such
> fishing effort over a three-year period.
>
> 2\. Develop mechanisms to monitor vessel movements across boundaries
> and to exchange information on such movements to assure that the
> fishing limits are enforced;
>
> 3\. Conduct an ongoing scientific and fishery information exchange
> between the Parties;
>
> 4\. Conduct annual Treaty consultations.

**[Current Issues]{.underline}**

The first fishing season conducted under the amended Treaty occurred
during the summer of 2004. Both Parties worked diligently to put the new
requirements of the Treaty into force in their respective fishing areas.
Reports exchanged during the months following the fishing season
indicate that most of the new requirements worked well and were
respected by fishers of both Parties. Discussion of improvements to the
procedures undertaken in the first season will be discussed by the
Parties at the annual consultation required by the Treaty which is
scheduled for April 26-27, 2005.

**[Staff Contacts]{.underline}**

[NOAA Fisheries]{.underline}:

Southwest Region

Mark Helvey, Assistant Regional Administrator for Sustainable Fisheries

501 West Ocean Boulevard, Suite 4200

Long Beach, CA 90802-4213

Telephone: (562) 980-4040

Fax: (562) 980-4047

E-mail: mark.helvey@noaa.gov

[Headquarters]{.underline}

Dean Swanson

Chief, International Fisheries Affairs Division

Office of International Affairs (F/IA)

1315 East-West Highway

Silver Spring, MD 20910

Telephone: (301) 713-2276

Fax: (301) 713-2313

E-mail: dean.swanso@noaa.gov