Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 5, 1892

Mr. Foster to Mr. Herbert.

Department of State,
Washington, October 4, 1892.

Sir: As the result of our several recent conferences on the subject of giving effect to so much of the understanding reached in concert by the Secretary of State and the delegates of the government of the Dominion of Canada on February 15, last, as relates to the prevention of destructive methods of fishing in the contiguous waters of the United States and Canada and the preservation of the fisheries thereof, I have now the honor to submit the views of this Government in the matter, to the end of reaching a formal agreement thereon.

The proposition of February 15, 1892, in this regard was that a commission of two experts should be appointed—one by the Government of the United States and one by the Government of Great Britain—to consider and report to their respective governments, either jointly or severally, as to the restrictions and regulations which should be adopted on the following subjects:

(1) The prevention of destructive methods of fishing in the territorial and contiguous waters of the United States and Canada, respectively, and also in waters outside the territorial limits of either country.

(2) The prevention of the polluting and obstructing of such contiguous waters to the detriment of fisheries and navigation.

(3) The close seasons which should be enforced and observed in such waters by the inhabitants of both countries; and

(4) On the subject of restocking and replenishing such contiguous waters with fish ova and the means by which fish life may be therein preserved and increased.

I deem it convenient thus to quote in full the text of the tentative understanding of last February as expressive of the general scope and direction of the inquiries to be jointly set on foot, and as the groundwork upon which to essay a fuller and more precise international agreement.

The several lines of inquiry having relation to the different aspects, whether general or particular, of the questions so presented, fall so far as this Government is concerned, within the purview of the operations conducted for a number of years past by the United States Commission of Fish and Fisheries, which, in its investigations and in the practical application of its methods and making use of the extensive establishment and ample means appropriated by Congress, has amassed a stock of information, much of which may be found available for the purposes of investigation and recommendation for which the joint commission is proposed to be organized. I am advised that the United States Fish Commission has within itself the resources in men and means to conduct such further inquiries in relation to the statistics, methods, and condition of the fisheries in question as the joint commission, or the American representative thereon, may indicate as desirable for their information.

A similar fish commission is understood to exist in the Dominion of Canada, and to have pursued like valuable investigations and practical operations for a number of years past.

The necessary machinery and a large part of the data for the proposed joint investigation appear, therefore, to be already at the command of the Government of the United States and Her Britannic Majesty’s Government without the necessity for creating other or independent methods for accomplishing the purpose in view by convention or coincident legislative appropriation. As the object is to arrive at such concurrent recommendations as may commend themselves to the good judgment of the respective governments and open the way in case of accord thereon for a formal conventional agreement in promotion of the mutual interests of their respective citizens and subjects as regards their equal and common benefit in the conservation of food fishes in the territorial and contiguous waters of the United States and Her Britannic Majesty’s possessions in North America, it seems most desirable for the two parties to avail themselves in common, so far as may be practicable, of the means already at hand, in order that the end in view may be the more speedily attained.

That this may be conveniently accomplished, I have the honor to propose for the consideration of Her Britannic Majesty’s Government the following bases for an agreement to be reached by a diplomatic exchange of notes:

I. The Government of the United States of America and of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland agree that a commission of two experts shall be appointed, one on behalf of each government, to consider and report to their respective Governments—either jointly or severally, or jointly to both governments, with regard to matters in which they may be in accord, and severally to their respective governments with regard to matters of nonconcurrence—concerning the regulations, practice, and restrictions proper to be adopted in concert on the following subjects, viz:

(a) The limitation or prevention of exhaustive or destructive methods of taking fish and shellfish in the territorial and contiguous waters of the United States and Her Majesty’s possessions in North America, respectively, and also in the waters of the open seas outside the territorial limits of either country to which the inhabitants of the respective countries may habitually resort for the purpose of such fishing.

(b) The prevention of the polluting or obstructing of such contiguous waters to the detriment of the fisheries or of navigation.

(c) The close seasons expedient to be enforced and observed in such contiguous waters by the inhabitants of both countries as respects the taking of the several kinds of fish and shellfish.

(d) The adoption of practical methods of restocking and replenishing such contiguous and territorial waters with fish and shellfish, and the means by which such fish life may be therein preserved and increased.

II. The commissioners to be so appointed shall meet at the city of Washington within three months from the date of this present agreement, and shall complete their investigation and submit their final reports thereof to the two governments, as herein provided, within two years from the date of their first meeting.

III. The contracting governments agree to place at the service of the said commissioners all information and material pertinent to the subjects of their investigation which may be of record respectively in the offices of the United States Commission of Fish and Fisheries and in the department of marine and fisheries of the Dominion of Canada, and further to place at the disposal of said commissioners, acting jointly, any vessel or vessels of either of said Fish Commissions of the United States and of Canada as may be convenient and proper, to aid in the prosecution of their investigation in the contiguous or adjacent waters aforesaid.

It is further agreed that, if required by either or both of the said commissioners, a competent employé of either or both of the said Fish Commissions of the United States and of Canada shall be detailed to assist the said commissioners in the preparation of their reports.

IV. Each government will defray the expenses of its commissioner and of such employé as may be detailed to assist him as provided in the preceding section.

V. The two governments agree that so soon as the reports of the commissioners shall be laid before them as aforesaid, they will consider the same and exchange views thereon, to the end of reaching, if expedient and practicable, such conventional or other understanding as may suffice to carry out the recommendations of the commissioners, by treaty or concurrent legislation on the part of the respective governments or the legislatures of the several States and provinces or both, as may be found most advisable; but nothing herein contained shall be deemed to commit either government to the results of the investigation hereby instituted.

I beg that you will submit the foregoing draft of an agreement to Her Britannic Majesty’s Government for consideration, with the intimation that, if it be accepted, this Government will be prepared forthwith, for its part, to give it full force and effect from the date when such acceptance may be notified to it.

I have, etc.

John W. Foster.