CAB129-36 — Page 310

CONFIDENTIAL

C.P. (49) 171 8th August, 1949

CABINET:

Page 310

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Copy No.31

INTERNATIONAL NORTH-WEST ATLANTIC FISHERIES CONVENTION

MEMORANDUM BY THE SECRETARY OF STATE FOR SCOTLAND AND THE MINISTER

OF AGRICULTURE AND FISHERIES, a modelin

In accordance with the decision of the Cabinet on 17th January (C.M. (49) 4th Conclusions, Minute 4), the United Kingdom was represented at the Inter- national North-West Atlantic Fisheries Conference convened by the United States Government which opened in Washington on 26th January. At the final meeting of the Conference on 8th February the British delegates signed the Final Act of the Conference and a North-West Atlantic Fisheries Convention. The Final Act and the Convention have been published in Cmd. 7658, a copy of which is annexed.

2. The Convention provides for the setting up of arCommission for the purpose of the investigation, protection and conservation of the fisheries in the areas defined in Article I.

3. The Commission, with headquarters in North America, at a place yet to be decided, will be composed of not more than three Commissioners appointed. by each of the contracting Governments, assisted by experts and advisers. A permanent Secretariat will be appointed and will be headed by an Executive Secretary. an

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4. The Convention area is to be divided into five sub-areas with a Panel for each. The members of each Panel will represent the countries with coastline contiguous to the Panel area, or with substantial fishery interests therein. The United Kingdom is represented on the panels for sub-areas 1 (West Greenland) and 3 (Newfoundland), which are of actual or potential importance to the British fishing industry. de

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5: The Commission will be responsible for the scientific investigation of the fisheries in the Convention area and for obtaining and collating the information necessary for maintaining stocks of fish. Article VI of the Convention specifically provides for the Commission's investigations being carried out through the agency of the contracting Governments or other public or private bodies. The object of this provision is to avoid the establishment of a new research organisation (which could only draw upon the scientists of the participating countries) and to limit dollar expenditure

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6. The Commission is also empowered, on the basis of scientific information and on the recommendation of a Panel, to make proposals to the contracting- Governments for joint action by those Governments designed to conserve stocks of fish. These proposals may deal with such matters as the fixing of open and close seasons, closing spawning grounds to fishing, fixing size limits, and limits to the over-all catch, of any species of fish, and prescribing types of gear which may

be used.

Any such proposals do not take effect unless agreed to by all the Governments. represented on the Panel for the sub-area in question; they then become binding on all participating Governments and each Government is responsible for their enforcement in respect of its own nationals.

The Commission may also put forward proposals affecting the area as a whole

Page 310, after consultation with all the Panels and a similar procedure applies to any such proposals.

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Pagr. 341 f166 seen that the proposals originalaga IdraBy the United States Government that the Commission should be endowed with powers of regu- lating the fisheries of the North-West Atlantic were drastically altered by the Conference and that neither the Commission nor any of the Panels will have any regulatory functions. The only regulatory action which can be taken under the Convention depends on the agreement of those Governments represented on the Panel concerned (or if it affects the whole area, of all the participating Govern- ments). This procedure may involve the surrender of some rights by Governments which are not represented on the Panel for a sub-area; no difficulty should arise in practice, however, as each Panel will include representatives from the Govern- ment of every country with any substantial interest in that area.

8. Article X provides for full co-operation with other international bodies such as the International Council for the Exploration of the Sea, the Food and Agriculture Organisation of the United Nations and other public or private agencies with related interests.

which was ratified by the United States Government 9. The Convention, which was ratified by the United States Government on 17h August 14th May, 1949, comes into force when it has been ratified by four signatory Governments and is to remain in force for ten years from that date. Govern- ments which do not ratify before that date may do so subsequently and the Convention is not binding upon them until they do so. Provision is made for the adherence of other Governments which did not participate in the Conference; during the period of operation of the Convention any Government may withdraw by giving one year's notice.

10. British fishing vessels already operate in the Greenland sub-area and have very great potential interest in the Newfoundland sub-area, which includes the Newfoundland Banks, and we believe British interests will best be protected through participation in the proposed Commission, which provides a useful instrument for keeping under review the fisheries in the area concerned and for establishing the scientific facts on which any necessary action to conserve those fisheries can be taken.

11. We recommend, therefore, that His Majesty's Government should-

(1) Accept the recommendations contained in the Final Act;

(2) Ratify the Convention.

This will involve the acceptance of the following obligations :-

(a) The payment of expenses of representatives of His Majesty's Govern-

ment on the Commission.

(b) The pro rata payment in United States dollars of the expenditure of the Commission. Article IX provides that each Government shall pay towards the administrative expenditure 500 United States dollars plus a contribution based on the number of Panels on which that Government is represented. The Conference estimated that during its first year the probable cost of the Commission would be 40,000 dollars; on this basis the United Kingdom contribution to the administrative expenses would be about 1,000 United States dollars.

(c) The transmission to the Commission of statistical information relating to the current conditions and trends of the fishery resources of the North- West Atlantic Ocean.

(d) Taking any legislative or other action required to enforce in respect of British nationals proposals for the conservation of fish stocks which become effective under the provisions of the Convention.

8th August, 1949