Canadian - US Pacific Albacore Tuna Treaty

CANADA - UNITED STATES PACIFIC ALBACORE TUNA TREATY
Summary

· Under the terms of the 1981 Treaty, Canadian and U.S. fishermen may fish albacore tuna in either country’s Exclusive Economic Zone (EEZ), and may land tuna at designated ports in each country. Until recently, the Treaty had worked smoothly. In the last five years, however, tuna has been more abundant in U.S. coastal than Canadian waters and both Canadian and U.S. fishermen have conducted their fishery mainly in the U.S. EEZ. Complaining of congestion on the fishing grounds, the U.S. government threatened to terminate the Treaty in the absence of significant reduction in Canadian access to the U.S. EEZ to fish for albacore tuna.

· After several meetings, on April 24, 2002 Canada and the United States (U.S.) agreed to amend the Treaty to establish a three-year limitation regime providing for a phased reduction in access by vessels of each country to the Exclusive Economic Zone (EEZ) of the other. The key provisions of the agreement are as follows:

- access limited to each other’s 200 mile zone to 170 vessels for a maximum of four calendar months for each vessel or 680 vessel fishing months for year one, 140 vessels (560 vessel fishing months) for year two and 125 vessels (500 vessel fishing months) for year three. Limited carryover of unused portions to be permitted; and
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- thereafter a new regime to be negotiated; failing which, access to be limited to 75% of the last years limit (94 vessels or 375 vessel fishing months).
• The industry and the British Columbia (B.C.) Government participated in the negotiations and accept the agreement. Although the industry would have preferred higher access levels, it accepts this agreement as preferable to termination of the Treaty.
• Canada and the U.S. have completed two exchanges of notes signalling agreement to amend the Treaty as well as the Annexes. The agreement does not entail Canada making any legislative changes. Once both countries have the necessary changes have been made to U.S. domestic internal legislation in place, a third exchange of notes will occur, bringing the amendments into aeffect. (The first note was to amend the body of the treaty text; the second the annex to the treaty and the third will be once the US advises that they have passed the Treaty through Senate).
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• A joint Canada-U.S. fishery management, regulatory and enforcement working group met in Seattle on July 24-25, 2002 to address technical issues relating to the implementation of the agreement. Canada indicated that it is in a position to implement the agreement for the 2003 season and the U.S. expressed optimism about being able to do the same, subject to approval by the U.S. Senate.
• Talking Points
• Canada is pleased that an agreement has been reached in the Albacore Tuna Treaty negotiations. However, we Canada maintains that the Treaty had worked well for 20 years and Canada remains concerned about the expected disruptions in a fishery where there are currently no conservation concerns - the northern Pacific albacore tuna stock is healthy and only moderately exploited.
• We are pleased that the recent joint Canada-U.S. technical working group was productive and was characterised by a spirit of co-operation. The transition from an open access fishery to a restricted fishery will entail a more complex management and enforcement regime and we Canada looks forward to continued co-operation with the U.S. in ensuring a well managed fishery.
• Canada does not require any legislation changes and is now in a position to implement the agreement for the 2003 fishing season under our current regulatory framework. W.e are currently waiting for notification that the U.S. domestic legislative changes have been enacted in order to take the final steps to bring the agreement into force. Where is the U.S. in the process of getting senate approval?