I. TheOanverrtimmGmat Lakes Fisheries.............. I-l to I-10 II. Ylb 1967 ZImendment of the CornrerRion cm at Lakes Fisheries.. II-1 to II-4 III. The Fxwd Translation of the Cmvmtion cm Great lakes. l l III-1 to III-5 IV. aleczmadbngreatlakesfi.sheri~~entimactand French Translation....................... IV-l to IV-2 V. Great Lakes Fishery Act of l956.................. V-l to V-8 VI. The 1972 Amendment of the Great Lakes Fishery Z&t of 1956.... VI-l to VI-2 VII. The 1986 Amen&e& of the Great Lakes Fishery Act of 1956... VII-l to VII-2 i
Signed at Washi+m f%pbnbx 10, 1954 I-l
Plenipotentiaries: The Government of the United States of America: Walter Bedell Smith, Acting Secretary Of State Of the United States of America, and William C. ISerr-, Uuhman of the Delegation of the United States of America to the Great Lakes Fisheries Ccnf~;ard megmmmmmtofcanadaz Arnold Danford Patrick Heeney, ~rextraozdi.ruyand Plenipotentiary of Canada to the United States of America, and Stewart Bates, Chairman of Delegation of Canada to the Great Lakes Fisheries Conference, I-3
I-5
AKrIcrEIv The Commission shdll have the following duties: (a) to formlate a resear& programor~rogranr; designed to determine the need formasums ton&e possible themaxixum km&amed productivity of any stock of fish in the Cbnvention Area which, in the opinion of the. Ckmmssion, isofcmmnam2ern to the fisheries of the United States of AmricaardCanadaandtodetemimbhatmeasuresarebestadaptedfor~ W to to (a to of W to mderbkesuchbitself; reaxmem~rupriate- tothe-ctingpartiesontbebasis thefinlirrgsofsuchressarchprograms; fonmlate and implentrent a cmqgrehensive program for the purpose of eradicating or minimiziqthesealaqxeypo@ationsintheckmention Area;arKl (e) topubli&orauthorizethepublicationof scimtificandutherinformaticm. cbtamedbythe~ionintheperfoxmance ofitsduties. I-6
(a) @I cukwt investigations; take measures and install devices in the Convention Area and the tr*ies~fforlampreyoartrol;& (a holdpblichearirqs intheunitedstates ofamricaan3canada. 1. feasible, F%uvinces including InUEpWfOlIllWE? of its duties, the carmission shall, in so far as make use of the official agencies of the Contracting parties and of their or States and may make use of private or other public oqanizaticns,. mternaticmalorganizatiom,orofanypemon. 2. TheOxfmissionmayseektoestablishandmaintainwcrkingarrangermentswith public or private orymizations for the gmpceeoffurtheringtheobje&ivesofthb Come&ion.. informatioa~tothe~i~'sduti~~ ispracticable. ACmtmcbq lhrtymayestablishconditionsregardingthedisclosure of such infomationbythe. Cmmu.ssion. I-7
AKrIcIJ3xI. Con;tracturg~iesshalljointlyreviewintheei~~yearoftheoperrrtioa of this Convention the activities of the ramriion in relation to the objectives I-8
1. ThisCXmemticmshallberatifi&andthe irrstruments of ratification shall bem&atqedatotwm 2.~Oanrerrtiona ld11enterintoforcearthedateofthe~ofthe. lnstnmrerrts of ratificaticm. 1tshanreln2h infoxcefortmyearsarxlshall ccmtimeinf~-~tenninatedasprwidedherein. 3. Ei4hrQsrtractirrgpartymay,bygivingtkFo~1 writtmmticetothe. ~~,tenninatethiscolnventionattheerrloftheinitialtenyearperiod or atanytimetheseafter. IN WITNESS WHERBZF the respective Plenipotentiaries have signed the present cornrerriop1. DONE atwashi@m I induplica~, thistmthdayofsptembr1954. UNITED Z!iTAZS OF AMERICA: ~~SeMteoftheUnitedStatesof~icaby~ir~l~ianofJune 1, 1955, tm-thirds of the senatirs present mrmrri.ng~in,didadviseand mnsenttotheratificationofthesaidcmvention; WHEREAS the saidcmventionwasdulyratifkdbythe President of the United States of America on June 6, 1955, in m of the aforesaid advice Aral amsent ofthesw&e, and has been duly ratified on the part of Canada; WHEREM the respective in&mm&s of ratification of the said cmventicmwere dulyexrchangedatothwaonoctober 11, 1955; I-9
By the President: JdulFoeterIUlles!secmbqofState I-10
PART II. The 1967 Amenchnent of the Corwention on Great Lakes Fisheries Amendment to the Convention on Great Lakes Fisheries * Agreement omerading the conrention of Septeuther 10, 1954. Effected by exchnrcge of notes Signed at Ottinca April 5, 1966 and May 19, 1967; Ratification rtdciserl by the Senate of the Cnitr?d States of America March 1, 1967; Ratified by the President of the United Stated of America April 24, 1967; Proclaimed by the President of the United States of America 3~1~ 19, 1967; Entered into force May 19, 1967. BY THE PRESIDENT OF THE UNITED STATES OF AUJZRICA A PROCLAMATION WHEREAS an amendment of the Convention on Great Lakes Fisheries between the United States of America and Canada, signed at lv~shitrgp.cm September 10, 1954, vans propowl bp :ihe Government of Canada in a note of April 5, 1966 to the Government of the United States srl hmerica ; Whereas the Senate of the United States of America by its ra?solllti<,i: of March 1, 1067, two-thirds of the Senators present concasing t!lerein, did advise and consent to the ra;ihcntion of the note of April 5. 1966 from the Government of Canada and a proposed note from the Government of the United States of America accepting the proposal to amend the Convention; WHEREAS the notes were duly ratified by the President of the United States of America on April 24, 1967, in pursuance of the advice and consent of the Senate ; WHEREAS the Government of the United States of America, in reply to the note of April 5, 1966 from the Government of Canada, did transmit to the Government of Canada on May 19, 1967 a note accepting the proposal to amend the Convention; WHEREAS the texts of the aforesaid notes are word for word as follows : * Photocopied fran Treaties and other International Agreements on oceancqra~ic Resomms, Fisheries, and Wildlife to which the Unit& States is Party. U.S. Govt. Printing Office, Washington, 1970: 43-356 II-1
The Canadian Secretary of State for External Affairs to the dmerikzn Amhsadov DEI'eiRTSIENT OF EXTERNAL AFFAIRS CANADA =NISThRr. DES AFFAIRES EXTkRIETJ? EXCELLENCY, I have the honour to refer to conversations between representatives of our two Governments concerninp amendment. of the Convention on Great Lakes Fisheries between Canada and the United States of America signed at Washington on September 10, 1034 ( 1 to provide for the appointment by each Contracting Party of an additional member on the Great Lakes Fisheries Commission. In accordance with those conversations, it is the understanding of the Government of Canada that the above-mentioned Convention shall be amended by substituting the word four" for the word three in the second sentence of paragraph 1 of Article II. I also have the honour to propose -:?at, on confirmation of the foregoing understanding on behalf of the Government of the United States, this Sate and Your Excellency's reply to that effect shall constitute an agreement *betkeen our two Governments, which shall enter ink: force on the date of Your Excellency s reply. Accept, Excellency, the renewed assurances of my highest consideration. His Excellency W. WALTON BUTTERWORTH, Anhssador of the United States of rlndca, 100 Wellington Street, Ottawa. Secretary of State for External Affairs II-2
[SEAL] EXBMSY Of THE UNITED STATES OF.\JIERIC.\ No. 298 SIR: I have the honor to refer to your note of April j, 1966, which reeds as follows: I have the honour to refer to conversations between representatives of our two Governments concerning amendment of the Convention on Great Lakes Fi+lleries between Canada and the United States of America signed at Washington on September 10, 1954 to provide for the appointment by each Contracting Party of an nclclitiounl member on the Great T,al;es Fisheries Commission. In accorclnuco n-itb those conr-ersations, it is the understanding of the Government of C~~nncln that the above-mentioned Convention shall be amended by s~lb~titutiug the word four for the word three in the second sentence of pnrngrapli 1 of Article II. I also have the honour to propose that, on confirmation of the foregoing understandin,m on behalf of the Government of the United States. this Note and Your Excellency s reply to that effect, shall constitute an iqrwment between our two Governments, which ddl enter into force on the date of Your Excellency s reply. I have the honor to confirm the foregolug under~tnnding on behalf of my Government,. Accordingly. your note and this reply shall con-,ti;ute an agreement between our two Governments, which shall enter htc.for:e :hiq c dav Awept, Sir, the renewed assurances of my highest consideration. W. W. BUTIXRWORTSI The Honorable PAUL MARTIN, Secretary of State for External Sn;Zirs, Ottawa. AND WHEREAS the said notes provide that they shall constime an agreement between the two Governments which shall enter into force on the date of the reply of the Government of the United States of America; Now, THEREPORE, be it known that I, Lyndon B. Jo11nxm, President of the United States of Xmrricx, do hereby proclaim and iiliike public II-3
PAKIV. Great Bikes Fishexyht of 1956. Public Law 557-84th Oxgress -358-2dSessicm S. 3524 2. Great Lakes Fisheries- Act of 1956 16 U.S.C. 931-939c Sec. 931. 932. 933. lkfinitim.. Camussioners;appohhent,number,ard aqznsation. AdvisoKycx.mmi~;appointmentand~of~; factorsinselectiopl ofklbwrs;~pmather ccmittees;ampemation;mzet~kqs. 934. 935. C3mflict of htersts statutes hpplicable. Aquisitionofrealpmperty; cmstmctimandoperationoflampreyarxtrol woas;entzyintoagreemntsfor coxtmctionandaperati~~ofwxks. 936. Secret4=qofInterior;authority totramferlanpreycmtxolpro+ctsand actonbehalfofun.itedstaessection. 937. 938. 939a. 939b. 939c. United States Section as agency of United States. Notice of pzqosals. Cooperation with other agencies. Skkelawsandmgulations. Appmpriations. * ReQped fmm Caapilation of Federal Laws Fklatiq to come33mtion aid DEnrelapllerrtof~Nation'sFishardWildlife~,~iramtlentdl~ity, ard vy, U.S. Gavt. prirrtirrg Office 1972. 76-151 0 w Shaaldread Fishery, see Short Title, page V-2 V-l
5 931. minitions (a)nconvmti~nmansthecmventionmqeatiakesfisheriesbe~the UnitedStatesofAmricaandCanada signedatwa&i@on, Septmhr10,1954; (b) Wmmissimw mansthegre& Lakes FisheqCUmhsionpruvided for by article II of the convention; (d) "Great Lak'~ State" w any of the follming States; Illinois, IWianx, Michigan, Minnesota I New York, Ohio, Pennsylvania, or Wisaxsin; (e) "Great Lakes" means any of the following bodies of water: Lake Ontario (illcl~thesairrtld- RiverfnxuIakeOnhriototheforty-fifthparallel of latitude), Lake Erie, Lake Huron (i3~l&i.rq Lake Saint Clair), Lake Michigan, or Lake Superior. (June 4, 1956, ch. 358, J 2, 70 Stat. 242.) Short Title that it tid be popularly known as the "Great Lakes Fishery Act of 1956". Section14 of act June 4, 1956, pzwided that: "If any pmvision of this Act [thischapter] 0r~aFglicationof~prcrJisiantoanycirarmstancesor~ shdllbe~d~id,~vdlidityofthe~oftheact[this~]ard the applicability of such prxwision to other circumstances or persons shall not be affected thereby". v-2
(a) me shall be an official of the United States Gavemmntt ad (b) tm shall be perscnsresidiqingreatiakessmzes,dulyqualifiedby reasonof~edgeofthefisheriesofthegreatiakes,ofwhaa~shdllbean official of a Great Lakes State: provided, however, that the &mmdssionemappoirrhd tltxlexthis subeectionshallmtbemsichentsofthesamestate. (June 4, 1956, ch. 358, 5 3, 70 Stat. 242.) ThisSeckionisreferredtoin section934 of this title. * Section 932 is anwded in Public Law 99-659 of Nov. 14, 1986, Section 405, to allawforf~coomnissi~,analternate,anjl6yeartentrs (seefwtvi1). v-3
(1)Stateagemieshvingjurisdictiu1cwerfisheries; (2)mecaunEmialfirshing~ofthelaket (3)the4mr&fishiryofthelake;and (4) the @lit at lam+. (b)a~oftheachrisory~~forodlelakemayalsobeameslrberofthe advisoryammitteeforoneormreotherlakes. (c) The md3ers of the advisory committee shall receive no aqxmsation frun th3gummmnt of~unitedstatesfortheir~i~as~~.notmore than five nmbers of all the ccmnittees*,designat&bytheccmithesardapped by~unitedstatessection,maybepaidby~gav~oftheunitedstatesfor transportations ardperdiemincidmttoattem%me atea&metirgofthe. CumussimoroftheUnitedStatessectim. (d)rle~oftheadvisory~~for~~lakeshallbeirnrited~ attend all nanweartivellleetingsofthe~~statessectian~a~tothatlake ardatsuchmeeti.qs&allbegran%doppor&miiqtc examineandbeheardoxlall praposed~tiom~~, anl activities relathq tm that lake. (June 4, 1956, ch. 358, 4, 70 Stat. 243.) This section is referred to insection of this title. 5 934. Conflict of htemsts statutes inapplicable. Senrioeofanyindividualappointedasa~~StatesCawnissianerpusuarrt to section 932 (b) of this title, or as a nmker of an advisory mmittee gurswnt to section 933 (a) of this title, shall not be considered as service or eiiploymnt