QUALIFICATIONS FOR ABSTENTION 33 



expected that the new species would be as productive as the original 

 one, since it was presumably unable to compete luider natural condi- 

 tions and, therefore, probably is innately less productive. The great- 

 est production ot fish from an area would logically a])pear to be 

 obtainable by the intelligent exploitation of the most successful 

 species. The hypothesis of replacement appears to be unjustifiable, 

 at least until it has been fully tested and proven. It is also noteworthy 

 that in general the most successful species are almost invariably the 

 most valued (in price and marketability) as food. 



QUALIFICATIONS FOR ABSTENTION 



In the present situation, where revision of the North Pacific 

 Fisheries Treaty is being considered and the eastern Bering Sea 

 halibut have already been removed from the protection of abstention 

 by the Commission, ^ve must consider the provisions of the Treaty 

 of 1953 between the United States, Canada, and Japan, which were 

 set down to determine whether any "stock" may qualify for absten- 

 tion by any of the parties to the agreement. These are listed in 

 Article IV of the treaty (App.). 



The treaty provides: 



(1) Determination of the qualifications of any stock for abstention 

 must be made annually after June 1958— five years after the 

 treaty went into effect. 



(2) Stocks may be added to the annex if they qualify for abstention. 



(3) A stock must "reasonably" satisfy all the following conditions 

 for a recommendation to be made as provided for in Article 

 III, Section 1(b). 



(a) Evidence based upon scientific research indicates that more 

 intensive exploitation of the stock Avill not provide a sub- 

 stantial increase in yield which can be sustained year after 

 year. 



(b) The exploitation of the stock is limited or otherwise regu- 

 lated through legal measures by each party which is sub- 

 stantially engaged in its exploitation, for the purpose of 

 maintaining or increasing its maximum sustained produc- 



