REPORT OF THE COMMISSIONER OF FISHERIES III 



ARTICLE I 



The nationals and inhabitants and the fishing vessels and boats of the 

 United States 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 the western coasts of the United States, including 

 Bering Sea. and of the Dominion of Canada, from the 16th day of November 

 next after the date of the exchange of ratifications of this convention to the 

 15th day of the following February, both days inclusive, and within the same 

 period yearly thereafter, provided that upon the recommendation of the Inter- 

 national Fisheries Commission hereinafter described this close season may 

 be modified or suspended at any time after the expiration of three such 

 seasons by a special agreement concluded and duly ratified by the high con- 

 tracting parties. 



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

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

 and of the Dominion of Canada from fishing in the waters hereinbefore speci- 

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

 such waters is prohibited by this article. 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 article may be retained and 

 used for food for the crew of the vessel by which they are taken. Any portion 

 thereof not so used shall be landed and immediately turned over to the duly 

 authorized officers of the Department of Commerce of the United States 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. 



ARTICLE II 



Every national or inhabitant, vessel or boat of the United States 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 either high contracting party and detained by the 

 officers making such seizure and delivered as soon as practicable to an author- 

 ized official of the country to which such person, vessel, or boat belongs, at the 

 nearest point to the place of seizure, or elsewhere, as may be mutually agreed 

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

 belongs alone shall have jurisdiction to conduct prosecutions for the violation 

 of the provisions of the preceding article or of the laws or regulations which 

 either high contracting party may make to carry those provisions into effect, 

 and to impose penalties for such violations ; and the witnesses and proofs 

 necessary for such prosecutions, so far as such witnesses or proofs are under 

 the control of the other high contracting party, shall be furnished with all 

 reasonable promptitude to the authorities having jurisdiction to conduct the 

 prosecutions. 



ARTICLE III 



The high contracting parties agree to appoint within two months after the 

 exchange of ratifications of this convention a commission to be known as the 

 International Fisheries Commission, consisting of four members, two to be 

 appointed by each party. This commission shall continue to exist so long as 

 this convention shall remain in force. Each party shall pay the salaries and 

 expenses of its own members, and joint expenses incurred by the commission 

 shall be paid by the two high contracting parties in equal moieties. 



The commission shall make a thorough investigation into the life history 

 of the Pacific halibut, and such investigation shall be undertaken as soon as 

 practicable. The commission shall report the results of its investigation to 

 the two Governments and shall make recommendations as to the regulation of 

 the halibut fishery of the North Pacific Ocean, including the Bering Sea, 

 which may seem to be desirable for its preservation and development. 



