our Continental Shelf resources. The question had always been,. however, do we have jurisdiction if, in fact, the intention was to fish for finfish? Now, we have by our new enforcement measures done something that is, in fact, a very major shift in our enforcement practices. We think it is justified by the threat to those Continental Shelf stocks. We think it is a lawful claim under international law, that it will do a number of things that we have not done before that we think will have a very substantial impact on protecting the stock off the east coast of the United States as well as off Alaska. Those things are: first, we have not enforced as such against foreign vessels using bottom trawls, bottom tending gear simply because they were using such gear which would normally take on shelf resources. Our new measures will be applied to all fleets which will be using bottom tending trawls. They have never been applied before to such bottom tending trawls in the absence of a deliberate taking of Continental Shelf creatures. Second, under the new procedures there is no need to observe the taking of such creatures if in fact, the gear bottom used would normally result in their taking. The third point is that to avoid arrest and here we are not merely talking about courtesy boardings, we are talking about something that is a full fledged enforcement measure under U.S. law-to avoid arrest if such gear is used there must be an agreement with the United States for the protection of our Continental Shelf fishing resources. Mr. COHEN. Do you have a rule or is it a matter of law that vessels fishing beyond 200 meters can only be observed and not seized? Mr. MOORE. There is no such rule to my knowledge, but certainly the new enforcement practices that we have under the new procedures apply throughout the range of the Continental Shelf to the use of bottom gear which can be expected to result in the catch of Continental Shelf living resources. That is the last point I would like to make. Mr. COHEN. You are not aware of any regulation or any law which would require the Coast Guard simply to observe those vessels fishing possibly for lobster beyond 200 meters without taking any action toward seizing the ship? Mr. MOORE. I am not, Congressman, but I should say I am not an expert in the enforcement area. I am not aware of any such laws on the books. I would like to defer to Mr. Sullivan for the answer to the question with respect to Canadian practices. Mr. SULLIVAN. Mr. Cohen, the restraint on the action to be taken with regard to lobster beyond 200 meters was in the original instructions. It has been modified, however, and there is no restraint at the present time. Mr. COHEN. When was that removed? Commander LYNN. The requirement was removed in May of 1974. Mr. COHEN. Was that following our hearings? Mr. SHAROOD. That was preceding our hearings. Mr. SULLIVAN. With regard to Canada we have not been applying this to Canadian vessels for several reasons. One reason is that the only deliberate fishery for lobster conducted off the U.S. coast other than by Americans prior to the enactment of the law was by a few Canadian vessels. We have traditionally dealt with situations off our coast and off the Canadian coast on a bilateral basis as neighbors and have not placed them in the same category as with regard to other foreign fisheries. There are lobster off the Canadian coast that have been taken by American vessels. Mr. COHEN. Does Canada have such a declaration involving the creatures of the shelf? Mr. SULLIVAN. Canada has not declared the lobster as a creature of the shelf, but Canada generally considers the lobster to be Canadian and would look askance at a foreign fishery taking lobster off the Canadian coast. In addition, part of this Canadian fishery off the U.S. coast is over a part of the Continental Shelf on Georges Bank which the United States considers pertains to the United States but which Canada considers pertains to Canada and that question has not yet been. resolved and until the question has been resolved and until we have determined whether Canada would have any traditional fishing claims regarding lobster and until we have discussed whether Canada has any interest in prohibiting American lobster fishing off the Canadian coast, we have not been applying it and we intend to discuss these matters more fully with Canada. Mr. COHEN. Could I go back to the original point? I find it intriguing that you would suggest that Canada would look askance at any nation that would start taking lobster off their coast when the State Department came in here and vigorously opposed our declaration of the lobster as a creature of the shelf and you are suggesting that we should not engage in sort of an action enforcing this legislation on the books because we might offend the Canadians. I find this double standard to be really quite disconcerting. Mr. SULLIVAN. Mr. Cohen, I would remind you that even before the law was enacted that we were taking steps to prevent foreign fishing on lobster off the U.S. coast. We had reached agreement with the Soviet Union, with Poland and with Japan that there would be no lobster fishing off the east coast of the United States. Mr. COHEN. The reason you are going this way is perhaps against your will and you have been very kind about sitting there. The reason we are having these hearings is that these bilateral agreements have not been effective and I have admitted this as you have in prior testimony and they are not effective because they have not been effectively enforced, is that not so? I do not want to minimize your statement that we were taking action prior to the law being passed. It has not been very much in effect. Mr. STUDDS. Would the gentleman yield? Mr. COHEN. Yes. Mr. STUDDS. I want to thank the chairman for his extraordinary patience. In response to questions of Mr. Cohen, you gentlemen referred to notes sent by this Government to foreign governments in January, May, and September of this year. Would it be possible for you to supply the committee with copies of those notes for inclusion in the record? Mr. SULLIVAN. Yes. Mr. STUDDS. I trust they were not classified. Mr. MOORE. No. Mr. STUDDS. I ask unanimous consent that they appear in the record at this point. Mr. CLARK. Without objection. [The information follows:] NOTE OF JANUARY 18, 1974 The Secretary of State presents his compliments to Their Excellencies and Messieurs the Chiefs of Mission of the Governments whose fishermen have been known to or currently do fish in the Northwest Atlantic Ocean off the coast of the United States and others concerned with Northwest Atlantic fisheries, and has the honor to inform the Chiefs of Mission that the President of the United States on January 2, 1974 signed into law an Act (Public Law 93-242) adding "lobster" (Homarus americanus) to the list of continental shelf fishery resources which appertain to the United States. As identified in the Convention on the Continental Shelf, 499 UNTS 311, and domestic United States legislation, the United States exercises over the American lobster (also known as northern lobster) and other continental shelf fishery resources located on its continental shelf soverign rights for the purposes of exploration and exploitation and such rights are exclusive in the sense that if the United States does not exploit these resources no one may exploit them without the express consent of the United States. The United States will regulate the American lobster fishery with due consideration being given to the principles of conservation of the resource and the maximum sustainable yield from the fishery. It is a violation of United States law for any foreign fishing vessel to take and retain American lobster or any other continental shelf fishery resource from the continental shelf of the United States without the express consent of the United States. Heavy penalties may be imposed for such violation upon conviction in a court of the United States. The United States seeks the active cooperation of all fishermen operating off its Atlantic coast in conserving and protecting the American lobster resource. Such fishermen are expected to return to the sea immediately any American lobsters which may be taken incidentally in the course of directed fisheries for other species found in the region. Fishermen who encounter concentrations of American lobsters in the course of their fishing operations should take immediate steps to avoid such concentrations in future tows. United States enforcement officers will act with discretion during a short period to allow fishermen operating in the region to become familiar with the new legislative requirements with regard to American lobster before enforcing the law to the fullest extent. Warnings will be issued immediately in the case of observation of American lobster being caught and retained aboard fishing vessels not authorized to do so, and appropriate enforcement action may be taken at any time in the case of flagrant violations. Accordingly, it is requested that all fishermen operating in the region be informed of this matter as soon as possible. The cooperation of all Governments and fishermen will be appreciated. The Secretary of State would be grateful if each Chief of Mission would forward this information to his Government. Enclosures. 1. List of Addressees. 2. Excerpt from Public Law 93-242. Government of Canada. LIST OF ADDRESSEES Government of the Czechoslovak Socialist Republic (in charge of Cuban Interests). Government of Denmark. Government of the Federal Republic of Germany. Government of Finland. Government of France. Government of Great Britain. Government of Greece. Government of Iceland. Government of Italy. Government of Portugal. Government of Spain. Government of the Socialist Republic of Romania. NOTE OF MAY 2, 1974 The Acting Secretary of State presents his compliments to Their Excellencies and Messieurs the Chiefs of Mission of the Governments whose fishermen have been known to or currently do fish in the Northwest Atlantic Ocean off the coast of the United States and others concerned with Northwest Atlantic fisheries, and has the honor to inform the Chiefs of Mission that the United States Government considers that a sufficient period of time has elapsed to allow fishermen operating in the region to become familiar with the new legislative requirements regarding American lobster as described in the Secretary of State's circular note of January 18, 1974. United States enforcement officers have been informing fisheries of the new requirements concerning American lobster and of United States policy concerning continental shelf fishery resources generally. They have reported that the fishermen contacted were aware of the new requirements. The United States Government appreciates the cooperation extended by other governments in bringing the contents of the Secretary's note to the attention of their fishermen and requests that they be informed that United States enforcement officers will now begin to enforce United States continental shelf fishery resource rights to the fullest extent. In this connection, it is recalled from the January 18 note that "fishermen are expected to return to the sea immediately any American lobsters which may be taken incidentally in the course of directed fisheries for other species found in the region. Fishermen who encounter concentrations of American lobsters in the course of their fishing operations should take immediate steps to avoid such concentrations in future tows." Continental shelf fishery resources should be returned to the sea with a minimum of injury. We wish to note that these provisions apply for all United States continental shelf fishery resources, a list of which was enclosed with the Secretary's note of January 18, off any coast of the United States. Enclosure: List of Addressees. Government of Canada. LIST OF ADDRESSEES Government of the Czechoslovak Socialist Republic (in charge of Cuban Interests). Government of the People's Republic of Bulgaria. Government of the Polish People's Republic. Government of Portugal. Government of Spain. Government of the Socialist Republic of Romania. Government of the Union of Soviet Socialist Republics. NOTE OF SEPTEMBER 5, 1974 The Secretary of State presents his compliments to Their Excellencies and Messieurs the Chiefs of Mission of the Governments whose fishermen have been known to or currently do fish in the waters adjacent to the coasts of the United States of America, and has the honor to inform the Chiefs of Mission of new guidelines for the enforcement of the rights of the United States to the living resources of the continental shelf. Pursuant to the Convention on the Continental Shelf and international law, the United States exercises exclusive sovereign rights for the purposes of exploration and exploitation of the living resources of its continental shelf. These rights have been implemented by domestic legislation. Any vessel taking continental shelf fishery resources of the United States will be subject to arrest and seizure, except as provided by the United States in bilateral agreements. For the purpose of determining whether such a taking has occurred, vessels may be boarded when engaging in either of the following acts: (a) Fishing with gear which is designed specifically to catch continental shelf fishery resources of the United States, or (b) Fishing with bottom gear (including bottom trawling gear) which would normally result in the catch of continental shelf fishery resources of the United States, except where the procedures used are designed to reduce and control such incidental catch pursuant to an agreement with the United States. In those instances where the taking of continental shelf fishery resources does not result in a substantial catch and such taking does not appear to be deliberate or repeated, a warning will normally be given. In any event, fishermen are expected to return to the sea immediately any continental shelf fishery resources which may be taken incidentally in the course of directed fisheries for other species. Fishermen who encounter concentrations of continental shelf fishery resources in the course of their fishing operations should take immediate steps to avoid such concentrations in future tows. To facilitate the transition in fishing methods required by these procedures, United States enforcement officers will act with discretion during a short period to allow fishermen operating in the region to become familiar with these procedures. The boarding and where appropriate the arrest of any vessel pursuant to these procedures shall be in strict conformity with the above. The effective date of these new procedures will be December 5, 1974. The United States Government is prepared to enter into negotiations with any government for the purpose of establishing procedures designed to reduce and control the incidental catch of continental shelf fishery resources of the United States by fishermen using bottom gear (including bottom trawling gear). The Secretary of State would be grateful if each Chief of Mission would forward this information to his Government. Government of the Czechoslovak Socialist Republic (in charge of Cuban Interests). Government of Denmark. Government of the Federal Republic of Germany. Government of the German Democratic Republic. Government of Finland. Government of France. Government of the United Kingdom. Government of Greece. Government of Iceland. Government of Italy. Government of Japan. Government of the Republic of Korea. 'Government of Mexico. Government of Norway. Government of the People's Republic of Bulgaria. Government of the Polish People's Republic. Government of the Polish People's Republic. Government of Portugal. Government of Spain. Government of the Socialist Republic of Romania. Government of the Union of Soviet Socialist Republics. 'Government of Venezuela. |