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 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, D.C., May 26, 1981 (The "Treaty"), effected by an exchange of diplomatic notes at Washington on July 17, 2002, and August 13, 2002 (The "Agreement") Page: 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 ratifica-
tion, 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 cir-
cumstances. 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 re-
lated 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 fre-
quently in U.S. waters than in Canadian waters. As a result, Cana-
dian 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
(V)