91 



There are flaws in both the Magnuson Act and the Halibut Act 

 that states any allocation will be fair and equitable to all fisher- 

 men, and yet this plan only reward the vessel owner or investor, 

 if you will. Deckhands who have put years into fishing will not 

 even be awarded with unemployment checks. Hired skippers who 

 push hard to become a highliner get to watch that hard work be 

 given away. If there is a need to allocate, then we should be look- 

 ing to selective gear. Allocate to the benefit of the resource by 

 eliminating waste and bycatch. Above all, conservation should be 

 put back into the Magnuson Act as the first priority. Economic allo- 

 cations need to be buried forever and selected gear needs to be pur- 

 sued more aggressively. 



Thank you. 



The Chairman. Thank you very much. Mr. Leighton. 



STATEMENT OF RONALD LEIGHTON 



Mr. Leighton. Yes, thank you. I feel fortunate to be here to tes- 

 tify. I forwent 3 days of a 5-day king salmon opening to be here, 

 and I feel it is very important. That is why I am here. I am here 

 to voice our concerns concerning the Magnuson Act, and its effect 

 on Alaska fisheries. 



First, even though Canada is a signatory to the Magnuson Act 

 of 1978, she is not following it as it was intended. Canada believes 

 her boarders run lVfe miles south of Cape Chacon to and across the 

 point — tip of Cape Muzon. Canada has seized, from what I under- 

 stand, two U.S. fishing boats in the past, which were fishing about 

 2 miles off the coastline between Cape Chacon and Cape Muzon, 

 and towed them to Prince Rupert for court processing. 



The U.S. Department of Commerce chart No. 7420 shows two 

 zones near the middle of Dixon Entrance, one called the contiguous 

 zone, and the other the exclusive economic zone or the fishery con- 

 servation zone. The latter located about 19 miles south of Cape 

 Chacon and 14 miles south of Cape Muzon. The exclusive economic 

 zone was brought forward through the Magnuson Act which Can- 

 ada became signatory to. 



I found quoted in the 19th edition of the U.S. Coastal Pilot, 

 Dixon Entrance to Cape Spencer, page 25, the U.S. Fishery Con- 

 servation Zone, which gives the United States exclusive fishery 

 management authority over the species offish, except tuna. Accord- 

 ing to Canada I cannot fish without risk of seizure by them any 

 further than IV2 miles off of Cape Chacon and no further off — 

 south than Cape Muzon. This is in direct conflict with Federal 

 Laws 50 CFR 611 and 16 USC 1801 1888. 



According to these laws no foreign vessels other than U.S. vessels 

 may fish, aid, or assist vessels at sea in the performance of any ac- 

 tivity relating to fishing, preparation, supply, storage, refrigeration, 

 transportation, or processing within the fishing conservation zone 

 or fish for anadromous species of the United States. Canada is only 

 ignoring its obligation to the act by seizing our vessels while fish- 

 ing within the fishery zone and by allowing and having their Coast 

 Guard protect 100 of their troll fish while fishing 18 miles inside 

 our line. 



To my knowledge, none of the 100 or so Canadian trollers have 

 sought or obtained a permit to fish in this area. At any given day 



