134 



There is nothing in the MOU or the Treaty to suggest that conservation actions 

 may be put on hold by one Party to the detriment of the fish stocks of the other Party, 

 pending the development and implementation of long-term equity adjustments. 

 Unfortunately, Canada does not appear to recognize this reality, and following a public 

 declaration of intent, is conducting fisheries on a unilateral basis, not only to the advantage 

 of Canada, but also to the disadvantage of the United States. 



Notably, for the first time in history, the National Marine Fisheries Service, acting 

 under authority of the Magnuson Fishery Conservation and Management Act, has closed 

 the ocean coho salmon fisheries for the entire 1994 season. Washington and Oregon have 

 also closed adjacent State waters to fishing. Canada, by stark contrast, is conducting 

 intensive fisheries off the coast of British Columbia, with the express purpose and direct 

 effect of taking U.S. -origin stocks listed under the Endangered Species Act. In my view, 

 this action by Canada violates the conservation provision of the Treaty and, I should add, 

 provides a legal basis upon which the United States might choose to impose trade 

 sanctions against Canada pursuant to the Pelly Amendment. 



It is important to remember that the equity principle set forth in the Treaty finds no 

 counterpart in the otherwise prevailing rules of international fisheries law. The Law of the 

 Sea Treaty, in Article 66, may be seen to be reflective of the rules of international law that 

 apply generally to the conservation and management of anadromous fish stocks. No 

 equity principle is found in that or any other applicable provision of the fisheries articles of 

 the Law of the Sea Treaty. With respect to the kind of circumstances that prevail in the 

 U.S. -Canada context, that instrument provides: "In cases where anadromous stocks 

 migrate into or through the waters landward of the outer limits of the exclusive economic 

 zone of a State other than the State of origin, such State shall co-operate with the State of 



