IV llEPOET TO THE SECltETAIlY OF COMMENCE 



Pacific halibut is in a precarious condition, faced with ultimate 

 exhaustion, unless the fishery is properly controlled. It will be 

 appreciated that it is a complicated and difficult problem to exercise 

 adequate control over a living organism, and particularly so wdien 

 tliat organism is a species of fish inhabiting the depths of the ocean 

 over a coastwise stretch of more than 2,000 miles. Under this conven- 

 tion the commission was required to make recommendations to the 

 I wo Governments for concurrent action as to the regulations deemed 

 necessary for the preservation and development of the fishery. It 

 is a most difficult if not impracticable procedure to obtain considera- 

 tion of minor regulations by the Congress of the United States and 

 the Canadian Parliament each year. To provide a simpler, more 

 responsive system of control a revised convention with Canada was 

 signed on May 9, 1930, and became effective on May 9, 1931, by the 

 exchange of ratifications at Ottawa. It was proclaimed by the Presi- 

 dent on, May 14, 1931, and contains the following articles: 



Article I 



The nationals and inhabitants and fishing vessels and boats of tlie United 

 States of America and of the Dominion of Canada, respectively, are hereby pro- 

 hibited from fishing for halibut (Hippoglossus) both in the territorial waters 

 and in the high seas off tlie western coasts of the United States of America, in- 

 cluding the southern as well as the western coasts of Alaska, and of the Do- 

 minion of Canada, from the first day of November next after the date of the 

 exchange of ratifications of this Convention to the fifteenth day of the following 

 February, both days inclusive, and within the same period yearly thereafter. 



The International Fisheries Commission provided for by Article III is hereby 

 empowered, subject to the approval of the President of the United States of 

 America and of the Governor General of the Dominion of Canada, to suspend 

 or modify the closed season provided for by this article, as to part or all of the 

 convention waters, when it finds after investigation such changes are necessary. 



It is understood that nothing contained in this convention shall prohibit the 

 nationals or inhabitants or the fishing vessels or boats of the United States of 

 America or of the Dominion of Canada, from fishing in the waters hereinbefore 

 specified for other species of fish during the season when fishing for halibut in 

 such waters is prohibited by this Convention or by any regulations adopted in 

 pursuance of its provisions. Any halibut that may be taken incidentally when 

 fishing for other fish during the season when fishing for halibut is prohibited 

 under the provisions of this Convention or by any regulations adopted in pur- 

 suance of its provisions may be retained and us(-d for food for the crew of the 

 ves'el by which they are taken. Any portion thereof not so used shall be 

 landed and innnediately turned over to the duly authoi'ized officers of the De- 

 partment of Commerce of the United States of America or of the Department of 

 Marine and Fisheries of the Dominion of Canada. Any fish turned over to 

 such officers in pursuance of the provisions of this article shall be sold by 

 them to the highest bidder and the proceeds of such sale, exclusive of the 

 necessary expenses in connection therewith, shall be paid by them into the 

 treasuries of their respective countries. 



It is further understood that nothing contained in this convention shall 

 prohibit the International Fisheries Commission from conducting fishing op- 

 erations for investigation purposes during the closed season. 



Article II 



Every national or inhabitant, vessel or boat of the United States of America 

 or of the Dominion of Canada engaged in halibut fishing in violation of the 

 preceding article may be seized except within the jurisdiction of the other 

 party by the duly authorized officers of eitlier High Contracting Party and de- 

 tained by the officers making such seizure and delivered as soon as practicable 

 to an authorized official of the country to which such person, vessel or boat be- 

 longs, at the nearest point io the place of seizure, or elsewhere, as may be 

 agreed upon. The authorities of the nation to which such person, vessel or 



