THE MARINE MAMMAL COMMISSION COMPENDIUM
BILATERAL / CANADA
Volume(s) 1-3; pages 2870-2872
Agreement Between the Government of the United States of America and the Government of Canada on Fisheries Enforcement, Ottawa, 1990 Done at Ottawa 26 September 1990
Entered into force 16 December 1991
Primary source citation: House Document 102-22, 102d Congress, 1st Session, U.S. Government Printing Office, Washington, 1991
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF CANADA ON FISHERIES ENFORCEMENT
The Government of the United States of America and the Government of Canada, hereinafter referred to as the Parties;
Bearing in mind that, in conformity with international law, the United States of America and Canada have sovereignty over their internal waters and territorial seas (hereinafter referred to as ‘waters’), and have sovereign rights for the purpose of exploration, exploitation, conservation and management of the living marine resources within zones they have established, extending 200 nautical miles from their coasts (hereinafter referred to as ‘zones’), and have sovereign rights for the purpose of exploring and exploiting the living resources of the continental shelf;
Recognizing that the Parties have adopted laws and regulations for the conservation and management of the living resources of their respective waters and zones;
Emphasizing the importance of effective enforcement of such laws and regulations to ensure conservation and management; and
Desiring to augment and make more effective coastal state enforcement of such laws and regulations;
Have agreed as follows:
Each Party shall take appropriate measures consistent with international law to ensure that its nationals, residents and vessels do not violate, within the waters and zones of the other Party, the national fisheries laws and regulations of the other Party. Such measures shall include prohibitions on violating the fisheries laws and regulations of the other Party respecting gear stowage, fishing without authorization, and interfering with, resisting, or obstructing in any manner, efforts to enforce such laws and regulations; and may include such other prohibitions as each Party deems appropriate.
The Parties shall consult, as necessary, concerning the implementation of this Agreement, including:
(a) effectiveness of penalties to deter violations by nationals, residents and vessels of a Party in the other Party's waters and zones;
(b) the accuracy and consistency of navigational aids; and
(c) standard fisheries law enforcement practices in the vicinity of maritime boundaries.
Each Party shall endeavour to inform persons conducting fishing operations in the vicinity of maritime boundaries about the expected fisheries law enforcement practices of the other Party.
Nothing in this Agreement shall be construed to limit the authority of either Party to enforce its fisheries laws within its waters and zones, or in hot pursuit therefrom, in accordance with international law.
The Parties reaffirm their commitment to ensure full respect for maritime boundaries between them delimited by mutual agreement or third-party dispute settlement, including by the International Court of Justice. Nothing in this Agreement, and no acts or activities taking place pursuant thereto, shall prejudice the position of either party with respect to the location of any disputed maritime boundary or the legal status of waters or zones claimed by either Party.
This Agreement shall enter into force upon notification by the Parties, through diplomatic channels, that they have completed their internal procedures. Either Party may terminate this Agreement upon 30 days, written notice to the other Party.
IN WITNESS WHEREOF, the undersigned, duly authorized by their respective Governments, have signed this Agreement.
DONE in duplicate, at Ottawa, this 26th day of September 1990, in the English and French languages, each version being equally authentic.
Edward N. Ney FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA
Bernard Valcourt FOR THE GOVERNMENT OF CANADA
The Secretary of State for External Affairs Canada Ottawa, Canada K1A 0G2
December 4, 1991
His Excellency Edward N. Ney Ambassador of the United States of America Ottawa
I have the honour to refer to the Agreement between the Government of Canada and the Government of the United States of America on Fisheries Enforcement, which was signed by representatives of both countries on September 26, 1990. I have the further honour to inform you that the Government of Canada has completed all of its internal procedures for the entry into force of the Agreement. Accordingly, pursuant to Article VI of the Agreement, it shall enter into force upon notification by the United States of America that the internal procedures have been completed in the United States.
Accept, Excellency, the renewed assurances of my distinguished consideration.
Barbara J. McDougall Secretary of State for External Affairs
EMBASSY OF THE UNITED STATES OF AMERICA Ottawa
December 16, 1991
The Honorable Barbara McDougall, P.C., M.P., Secretary of State for External Affairs, Ottawa.
I have the honor to refer to your Note of December 4, 1991, informing me that the Government of Canada has completed its internal procedures for the implementation of the Agreement between the Government of Canada and the Government of the United States of America of Fisheries Enforcement, which was signed by representatives of both countries on September 26, 1990. I have the further honor to inform you that the Government of the United States of America has completed all of its internal procedures for the implementation of the Agreement. Accordingly, pursuant to its Article VI, the Agreement enters into force today, the sixteenth of December, 1991. Accept, Excellency, the renewed assurances of my highest consideration.
Edward N. Ney