U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

19–118 

" SENATE " 108TH CONGRESS

1st Session 

TREATY DOC. 

2003

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

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


E:\Seals\Congress.#13
(III)

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.

(V)

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 

VI

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 allowing unlimited 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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