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C. Industry representatives acting as unofficial advisers to United States
Milton E. Brooding, director of economic research, California
Charles R. Carry, Director, Fishery Products Division, National
Harold Cary, General Manager, American Tunaboat Association,
Tom Sandoz, Executive Vice President, Columbia River Packers'
Raymond E. Steele, general counsel, National Fisheries Institute,
APPENDIX III.—Landings of tuna in California since 1926
CAUGHT IN UNITED STATES WATERS
POLICY OF THE UNITED STATES WITH RESPECT TO COASTAL FISHERIES IN CERTAIN AREAS OF THE HIGH SEAS
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
Whereas for some years the Government of the United States of America has viewed with concern the inadequacy of present arrangements for the protection and perpetuation of the fishery resources contiguous to its coasts, and in view of the potentially disturbing effect of this situation, has carefully studied the possibility of improving the jurisdictional basis for conservation measures and international cooperation in this field; and
Whereas such fishery resources have a special importance to coastal communities as a source of livelihood and to the Nation as a food and industrial resource; and Whereas the progressive development of new methods and techniques contributes to intensified fishing over wide sea areas and in certain cases seriously threatens fisheries with depletion; and
Whereas there is an urgent need to protect coastal fishery resources from destructive exploitation, having due regard to conditions peculiar to each region and situation and to the special rights and equities of the coastal State and of any other State which may have established a legitimate interest therein: Now, therefore,
I, Harry S. Truman, President of the United States of America, do hereby proclaim the following policy of the United States of America with respect to coastal fisheries in certain areas of the high seas:
In view of the pressing need for conservation and protection of fishery resources, the Government of the United States regards it as proper to establish conservation zones in those areas of the high seas contiguous to the coasts of the United States wherein fishing activities have been or in the future may be developed and maintained on a substantial scale. Where such activities have been or shall hereafter be developed and maintained by its nationals alone, the United States regards it as proper to establish explicitly bounded conservation zones in which fishing activities shall be subject to the regulation and control of the United States. Where such activities have been or shall hereafter be legitimately developed and maintained jointly by nationals of the United States and nationals of other States, explicitly bounded conservation zones may be established under agreements between the United States and such other States; and all fishing activities in such zones shall be subject to regulation and control as provided in such agreements. The right of any State to establish conservation zones off its shores in accordance with the above principles is conceded, provided that corresponding recognition is given to any fishing interests of nationals of the United States which may exist in such areas. The character as high seas of the areas in which such conservation zones are established and the right to their free and unimpeded navigation are in no way thus affected.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.
Done at the city of Washington this twenty-eighth day of September, in the year of our Lord nineteen hundred and forty-five, and of the independence of the United States of America the one hundred and seventieth.
By virtue of and pursuant to the authority vested in me as President of the United States, it is hereby ordered that the Secretary of State and the Secretary of the Interior shall from time to time jointly recommend the establishment by Executive orders of fishery-conservation zones in areas of the high seas contiguous to the coasts of the United States, pursuant to the proclamation entitled "Policy of the United States With Respect to Coastal Fisheries in Certain Areas of the
High Seas," this day signed by me, and said Secretaries shall in each case recommend provisions to be incorporated in such orders relating to the administration, regulation, and control of the fishery resources of and fishing activities in such zones, pursuant to authority of law heretofore or hereafter provided.
THE WHITE HOUSE, September 28, 1945.
HARRY S. TRUMAN.
LETTER FROM W. M. CHAPMAN TO THE SECRETARY OF STATE SUMMARIZING THE MEXICO CITY CONFERENCE AND CONVENTION RELATIVE TO TUNA FISHERIES
The honorable the SECRETARY OF STATE.
JANUARY 26, 1949.
SIR: With a view to furthering scientific knowledge of the tuna fisheries of the eastern Pacific Ocean, the Department of State accepted the invitation of the Government of Mexico to participate in exploratory discussions regarding this and other fisheries matters in which the two countries are interested.
For the past several years the necessity of obtaining additional information with respect to the tuna fisheries has been recognized by State and Federal Government agencies as well as by the tuna fishing and processing industries. Previous investigations had not been sufficiently extensive to provide a comprehensive knowledge of the tuna and tuna-like fishes of the area or to indicate with certainty that the stocks were not in danger of depletion. It was considered desirable that thorough studies should be undertaken in cooperation with the Government of Mexico.
The conversations were duly opened in Mexico City on October 25, 1948, under the chairmanship of Lic. Roberto Cordova, Ambassador of Mexico, head of the Mexican Delegation. Thereafter, plenary sessions were held on October 27 and November 1, terminating on November 4 with the signing of a joint report to the two Governments..
The Mexican Delegation was composed of one Delegate each from the Ministries of Foreign Affairs, Economy, Treasury and Public Credit, and Marine, together with advisers from those Ministries.
The United States Delegation was composed of: Dr. W. M. Chapman, Special Assistant to the Under Secretary of State, Chairman, Mr. Paul J. Reveley, Chief, Division of Mexican Affairs, Department of State, Delegate; Dr. Hilary J. Deason, Chief, Office of Foreign Activities, Fish and Wildlife Service, Department of the Interior, Delegate; the following advisers: Mr. Richard Croker, Chief, Bureau of Marine Fisheries, State of California; Miss Isla V. Davies, Foreign Affairs Specialist, Department of State; Mr. Milton J. Lindner, Chief of Fishery Mission to Mexico; Mr. Arnie J. Suomela, Master Fish Warden, Oregon Fish Commission; Dr. Richard Van Cleve, Acting Director, School of Fisheries, University of Washington; Mr. Taylor G. Belcher, Third Secretary of Embassy, United States Embassy in Mexico, Secretary of the Delegation; and Miss Janet Park, Fishery Mission to Mexico, Assistant Secretary.
Several representatives of the tuna fishing and processing industries were in Mexico during the discussions, at the invitation of the Department, and were in daily consultation with the United States Delegation.
It appeared at the first meeting that there was no substantial disagreement between the two Delegations. The United States proposal was incorporated in a draft with language broad in character, patterned to a considerable extent on the conventions between the United States and Canada respecting halibut and sockeye salmon. The Mexican Delegation explained that its Government had had no experience in the operations of an international fishery commission of the nature contemplated and for that reason the Delegation preferred to express in the convention, in specific detail, the manner in which the work of the commission was to be conducted, in order to ensure a clear and precise understanding of these matters. The United States Delegation was sympathetic to this attitude and expressed no objection to the incorporation of more detail than had been included in its draft proposal.
1 Convention between the United States and Canada for the preservation of the halibut fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa January 29, 1937; and Convention between the United States and Canada for the preservation of the sockeye salmon fishery of the Fraser River system, signed at Washington May 26, 1930.
In one other important respect the draft tuna convention differed from the halibut and salmon conventions; the latter empower the respective commissions to promulgate regulations for conservation of the fisheries. The draft tuna convention contained no such regulatory power. It was believed in this instance that if scientific investigation eventually demonstrated the need for regulation of the fisheries, the type and extent of regulation should be made the subject of study by the proposed commission which should then make its recommendations to the Governments for consideration and action.
The conference proceeded to exchange proposals and counter-proposals, and to hold both formal and informal discussions, until agreement was reached. Thereupon the Delegations drafted and signed a joint report to the two Governments submitting for consideration a "Draft Convention for the Establishment of an International Commission for the Scientific Investigation of Tuna" and stating the opinion of the Delegations that the conclusion of such a convention was desirable. (See Appendix "A".)
The Chairman of the United States Delegation announced that his mission was completed with the agreement contained in the joint report and that he was at the disposal of the Mexican Delegation for consideration of other matters which they might wish to discuss. The Chairman of the Mexican Delegation replied that there were no other matters which his Government desired should be considered at that time and the conference might accordingly adjourn.
It was agreed that the joint report should be released for publication in the newspapers of both countries and that signing of the convention, if authorized, should not take place until after the lapse of a period of two or three weeks during which time interested persons or organizations might have an opportunity to express their opinions respecting the terms of the convention.
After certain language changes, made for purposes of clarity, the Department of State and the Mexican Industry of Foreign Affairs agreed to the conclusion of the convention incorporated in the joint report, which was duly signed at Mexico City on January 25, 1949.
A summary of the convention follows:
The preamble expresses the respective interests of the two countries in maintaining the populations of certain tuna and tuna-like fishes off the coasts of both countries and the desire to cooperate in scientific investigation and the gathering of information to facilitate the maintenance of populations of these fishes at a level which will permit maximum reasonable utilization without depletion year after year.
The first article of the convention relates to the establishment and functioning of the "International Commission for the Scientific Investigation of Tuna."
Paragraph 1 contains the agreement of the Parties to establish and operate a joint commission, to be composed of a United States section and a Mexican section of four members each, to be appointed by the respective Governments. Paragraph 2 requires the commission to submit an annual report, with recommendations, to the two governments and, in its discretion, to supply information pertinent to the subject matter of the convention.
Paragraph 3 provides that the expenses of each national section shall be paid by its own Government. Joint expenses are to be paid by each party in the form and proportion recommended by the commission and approved by the two Parties. Paragraph 4 provides that the general annual program of activities and the budget of joint expenses shall be recommended by the Commission and submitted for approval to the two Parties.
Paragraph 5 states that the Commission's headquarters shall be established at a place to be decided by the two Parties.
Paragraph 6 provides for meetings of the Commission at least twice each year. Paragraph 7 states that the offices of chairman and secretary of the Commission shall alternate annually between members of the two national sections.
Paragraph 8 requires the voting to be by sections, each national section to have one vote and decisions to be unanimous.
Paragraph 9 provides for by-laws, which must be submitted for approval to the two Governments.
Paragraph 10 authorizes the Commission to employ necessary personnel and requires that the appointments be distributed equitably between nationals of the two countries except in instances in which nationals of other countries may be employed.
Paragraph 11 permits each section to appoint its own advisers with whom it may meet whenever deemed desirable. The advisers may attend meetings of the Commission in their advisory capacity when the Commission so determines.
Paragraph 12 allows each national section to hold public hearings within its own country.
Paragraphs 13 and 14 provide for a Director and an Assistant Director of investigations and specify their duties.
Paragraph 15 establishes English and Spanish as the official languages of the Commission and requires certain records and publications to be in both languages. Paragraph 16 ensures the right of representatives of both national sections to participate in all work carried on by, or under the auspices of, the Commission. Paragraph 17 provides that each national section shall be entitled to obtain certified copies of Commission documents, except that the Commission is directed to adopt rules to ensure the confidential nature of the statistics of individual catches and individual company operations.
Paragraph 18 permits the Commission to utilize the technical and scientific services of other public or private agencies.
Article II describes the functions of the Commission. These are all directed toward the goal of obtaining scientific information regarding the yellowfin, bluefin, and albacore tunas, bonitos, yellowtails, and skipjacks in the waters of the Pacific Ocean off the coasts of both countries, and the fishes used as bait by the tuna fishermen of that area. The Commission is authorized to conduct scientific studies, collect and analyse statistics, and engage in similar fact-finding activities but is not authorized to promulgate regulations for purposes of conservation.
Article III contains the usual ratification provisions and sets the term of the convention at four years from the date of exchange of ratifications, and thereafter until one year from the day on which either Party shall give notice of intention to terminate. In the event of termination, the property of the Commission is to be returned to the two Parties in the proportion in which it was supplied by them. Archives in the English language are to go to the United States and those in the Spanish language to Mexico, with the understanding that archives are to be kept available for consultation by either Government, subject to any restrictions regarding the confidential character of records of individual company operations.
The Delegation of the United States of America believes that the interests of this country will be served by ratification of this Convention which it is anticipated will not only result in a positive benefit to the respective fishing industries of both countries but will also contribute to the conservation of an important food resource. Respectfully yours,
W. M. CHAPMAN, Chairman, United States Delegation.
UNITED STATES-COSTA RICA FISHERIES CONFERENCE, MAY 1949-REPORT OF THE CHAIRMAN OF THE UNITED STATES DELEGATION
The honorable the SECRETARY OF STATE.
SIR: At the request of the Costa Rican Government, a fisheries conference between representatives of the United States and Costa Rican Governments was held in Washington beginning May 23, 1949. A principal aim of the conference was to negotiate a convention to establish a commission for the scientific investigation of the yellowfin and skipjack tuna fishes of the eastern Pacific Ocean.
The tuna fisheries of the eastern Pacific Ocean, with an extraordinary growth during the past 15 years, have become the richest of our offshore marine fisheries, and now approximate in value of catch our Pacific salmon fisheries. Unlike salmon, however, comparatively meager scientific information is available on the tuna fishes. It is not, for example, known whether the accelerated fishing of the past few years had depleted the stocks, or what conservation measures, if any, might be desirable in order to maintain the tuna fisheries at high levels.
The great preponderance, as much as 90 percent, of the tuna landed in Pacific coast ports by the United States tuna fleet is caught in waters to the south of San Diego, Calif. The principal fishing grounds lie in the high seas off the coasts of Central and South America, from Mexico to northern Peru. The fisheries are, therefore, truly international fisheries, and their scientific investigation is properly a matter for international cooperation among the nations with interests involved. A first step was taken toward such cooperation by the signing in Mexico City on January 25, 1949, of a convention between the United States and Mexico providing for the establishment of an International Commission for the Scientific Investigation of Tuna. The Commission thus established is empowered to investigate