2. TREATY OF FRIENDSHIP, COMMERCE, AND ECONOMIC DEVELOPMENT WITH THE ORIENTAL REPUBLIC OF URUGUAY This treaty with Uruguay, the first treaty of its kind between the United States and that country, and the first commercial treaty considered by the Eighty-first Congress, was transmitted to the Senate on January 13, 1950. It was considered in executive session on May 4, 1950, when statements were received from representatives of the Department of State as well as from several interested private parties. No special legislative problems arose in the consideration of this treaty since it followed the same general pattern of the two postwar treaties with Italy and China approved by the Eightieth Congress. However, it did contain provisions relative to the convertibility of American capital and earnings invested in Uruguay of a type that had not theretofore been included in commercial treaties. The treaty also had a number of provisions helpful to Americans doing business in Uruguay. Dates Signed at Montevideo, November 23, 1949-.-.-. Reported to Senate, May 22, 1950---. Approved by Senate, August 9, 1950..... Documents Executive D, Eighty-first See Congressional Record, 3. TREATY OF FRIENDSHIP, COMMERCE, AND NAVIGATION WITH IRELAND, WITH PROTOCOL RELATING THERETO The treaty, the first of its type with Ireland, sets forth the basic legal framework within which Americans may carry on business in Ireland and Irish nationals may conduct business in the United States. In many respects the treaty is similar to the commercial treaty with Uruguay. The committee considered certain objections to provisions which limit the establishment of new enterprises by foreigners in Ireland to those that are expressly permitted by the Irish Government. Upon assurances that the Irish Government would follow a policy of according favorable consideration to American applicants, the committee reported the treaty favorably and the Senate approved it. Dates Signed at Dublin, January 21, 1950---- Reported to Senate, June 26, 1950 Approved by Senate, July 6, 1950 Documents Executive H, Eighty-first Congress, J. FISHERIES CONVENTIONS AND LEGISLATION Evidence of depletion of certain food fishes and the desire to conserve other food fishes in the waters adjacent to the American continents have led to increased demands that international action be taken to learn the reasons for decreases in the fish food stocks and to endeavor to protect American fisheries. The Department of State has created a special office, operating under the direct control of the Under Secretary of State, which is concerned solely with international fisheries problems. The Foreign Relations Committee has given close attention to requests for action in this field, continuing, thereby, the efforts at international conservation of fish resources begun by the United States-Canadian Halibut Convention of 1923 and the sockeye salmon convention of 1937. These two instruments set up scientific investigating commissions which gathered data that served as a basis for regulations that enabled these industries to survive. By this means, the supply of halibut and sockeye salmon has been increased and distress in the respective American fisheries alleviated. The three conventions that were before the Senate during the Eighty-first Congress followed closely this successful pattern. 1. TUNA CONVENTIONS WITH MEXICO AND COSTA RICA The great tuna-fishing grounds of the world are in the high seas off the coasts of Central and South America. The American tuna industry, one of our richest fisheries, takes about 95 percent of the total catch, and has increased sevenfold during the last 22 years. This phenomenal growth has threatened the supply of tuna, tuna-like fishes, and live bait for tuna on which the American industry depends. Since the fishing and bait grounds are entirely off foreign shores and foreign nationals participate in the fisheries, the United States must undertake conservation measures in cooperation with other countries, principally Mexico and Costa Rica. Inasmuch as very little is known about the habits of the tuna, the first step toward conservation is scientific investigation of the life cycle and habits of the fish. The two conventions with Mexico and Costa Rica were designed to supply needed knowledge about the tuna by establishing two commissions for the scientific investigation of the tuna fisheries of the eastern Pacific Ocean. The function of these commissions will be to determine the means and manner of preventing the depletion of tuna and tuna-like fishes and of maintaining their harvest at the maximum level. The conventions were very similar and complement each other. The differences lay only in the areas covered and the type of tuna to be investigated. A public hearing by a subcommittee headed by Senator Green disclosed unanimous approval of the two conventions by interested agencies and industries. Speedy action by the committee and Senate followed. CONVENTION WITH MEXICO FOR THE ESTABLISHMENT OF AN INTERNATIONAL COMMISSION FOR SCIENTIFIC INVESTIGATION OF TUNA Dates Signed at Mexico City, January 25, 1949- Public Hearings in Senate, July 14, 1949 Approved by Senate, August 17, 1949 Documents Executive K, Eighty-first Congress, CONVENTION WITH COSTA RICA FOR THE ESTABLISHMENT OF AN INTER-AMERICAN 2. IMPLEMENTATION OF THE TUNA CONVENTIONS Since the two tuna conventions discussed above were not selfexecuting, implementing legislation was required to set up the necessary United States administrative machinery; to confer on United States officials the power to make rules and regulations; to prescribe penalties for the failure to comply with the rules and regulations; and to authorize the appropriation of necessary funds estimated to be $113,957 in 1951, $861,000 in 1952, and $366,000 thereafter. Three bills, S. 1642, S. 2133, and S. 2633, all introduced by Senator Knowland, were before the committee. Since S. 2633, introduced on October 4, 1949, was designed to give effect to both tuna conventions in a single bill, it was the resolution acted on. The committee heard testimony by a representative of the Department of State in support on July 10, 1950 and reported the legislation favorably with one minor amendment to the Senate. After passage by the Senate, the House amended and passed the bill on August 23. The Senate agreed to the House amendments. Introduced, October 4, 1949S. 2633. (See also previous bills, August 24, 1950. S. 1642, S. 2133.) Senate Report 2094. See Congressional Record, same date. See Congressional Record, same date. Do. Signed by President September 7, 1950.- Public Law 764. 3. CONVENTION FOR THE NORTH ATLANTIC FISHERIES In the case of the tuna fisheries, no substantial depletion of fish has taken place yet but past experience in other fishing grounds indicated that the time for action to prevent further depletion of the fisheries was at hand. In the Northwest Atlantic, on the other hand, the supply of food fish such as cod and the rosefish had been shrinking alarmingly for a number of years and conservation was long overdue. Since 1937 the interested nations have been trying to agree on a convention to protect the fisheries in the North Atlantic. After a failure to conclude an effective agreement in 1946, the State Department took the position that the Northwest Atlantic should be considered a separate area from the North Atlantic for conservation purposes and invited to a conference in 1949 those nations having interests in the area. An international convention for Northwest Atlantic fisheries was agreed on which provided for a commission to collect, collate, and disseminate information and make recommendations for maintaining the supply of fish in that area. Since the convention followed the pattern established by previous fisheries agreements and strong support was voiced by all interested parties, the subcommittee under the chairmanship of Senator Green recommended approval of the agreement and the Senate gave its quick consent to ratification. Dates Signed at Washington, February 8, 1949- Public hearings in Senate, July 14, 1949. Approved by Senate, August 17, 1950 Documents Executive N, Eighty-first Congress, As with the tuna conventions, the Northwest Atlantic fisheries conventions required implementing legislation. This legislation, S. 2801, however, was handled by the Interstate and Foreign Commerce Committee in the Senate and reference to it is made here only to round out the picture on fisheries legislation. 4. CONVENTION ON THE EXTENSION OF PORT PRIVILEGES Canadian and United States halibut fishermen in the North Pacific area have found it to their mutual advantage to be able to use ports in each others' countries to land and ship fish, acquire gear and supplies, and for other purposes. Such privileges have been accorded to our fishermen for 50 years on a year-to-year basis, but to Canadian fishermen only for two short war periods. This convention makes these informal reciprocal arrangements permanent and mutual by providing that American vessels fishing in the North Pacific halibut fishery shall have the right to enter Canadian ports and there to (1) land their catches of halibut and sablefish subject to customs laws; (2) obtain supplies, repairs, and equipment; and (3) sell their catch in bond for export and tranship that catch in bond to any port in Canada. Reciprocal privileges and rights were accorded Canadians engaged in the same fisheries in American ports. No financial or implementing legislation was required for this convention. Since all major interests, government and private, gave the convention vigorous support, the committee and Senate approved it quickly. The existence of long land and river boundaries between the United States and its neighbors to the north and south means that many problems that would normally be of only local concern assume international significance. Thus, bridges over international rivers, use of international boundary waters for sanitation or irrigation purposes, or the mere construction of a fence along the border, frequently require negotiation with foreign governments and legislative action by the Congress. A number of projects of this type were considered by the Eighty-first Congress. 1. TREATY WITH CANADA CONCERNING USES OF THE WATERS OF THE NIAGARA RIVER Diversions of waters of the Niagara River for power and other purposes are governed by the International Boundary Waters Treaty of 1909. Temporary diversions, especially during the war period, were effected by means of exchange of notes between Canada and the United States. Studies have indicated that even greater use can be made of this natural resource without detriment to navigation, sanitation and the preservation of the scenic beauty of the Falls. This treaty was therefore negotiated to make possible new allocations. The Treaty makes permanent allocations between the United States and Canada of Niagara River waters for domestic, navigation, scenic, and electric power purposes; terminates parts of article V of the 1909 treaty with Canada; and replaces the present temporary international agreements for the allocation of waters. The waters are to be used in accordance with this priority: (1) Article III gives first priority to "water used and necessary for domestic and sanitary purposes and for the service of canals for the purposes of navigation"; ; (2) article IV directs that, after the purposes referred to in article III have been satisfied, water according to a definite schedule shall be allowed to pass over the Falls for the scenic spectacle during the tourist season and the daylight hours; (3) article V provides that after the water uses provided for in articles III and IV have been taken care of, the water in excess thereof may be diverted for power purposes; and article VI provides that such water shall be divided equally between the United States and Canada. During the public hearing and committee discussions on the Treaty, conflicting views as to how and by whom the additional power on the American side should be generated were presented. This question, in the opinion of the committee was not immediately involved in the approval of the treaty and would have to be resolved in separate legislation which would ultimately be passed by Congress. Lest there be any question on this point the committee recommended and the Senate adopted the following reservation to the treaty: The United States on its part expressly reserves the right to provide by Act of Congress for redevelopment, for the public use and benefit, of the United States share of the waters of the Niagara River made available by the provisions of the treaty, and no project for redevelopment of the United States share of such waters shall be undertaken until it be specifically authorized by Act of Congress. Dates Transmitted to the Senate, May 2, 1950. Approved by Senate, August 9, 1950--- Documents Executive N, Eighty-first, second ses- Typed transcript. See Congressional Record, same date. |