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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS a Convention between the United States of America and Great Britain for the preservation of the halibut fishery of the Northern Pacific Ocean, including Bering Sea, was concluded and signed by their respective Plenipotentiaries at Washington of the second day of March, one thousand nine hundred and twenty-three, the original of which is word for word as follows: The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, Emperor of India, being equally desirous of securing the preservation of the halibut fishery of the Northern Pacific Ocean have resolved to conclude a Convention for this purpose, and have named as their plenipotentiaries: The President of the United States of America: Charles Evans Hughes, Secretary of State of the United States; and His Britannic Majesty: The Honorable Ernest Lapointe, K. C., B. A., LL. B., Minister of Marine and Fisheries of Canada; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles: 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
prohibited 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 International 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 Contracting
Parties. Article IIEvery national or inhabitant, vessel or boat of the United States or of the Dominion of Canada engaged in halibut fishing in violation of 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 authorized 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 in 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. Article IVThe High Contracting Parties agree to enact and enforce such legislation as may be necessary to make effective the provisions of this Convention with appropriate penalties for violations thereof. Article VThis Convention shall remain in force for a period of five years and thereafter until two years from the date when either of the High Contracting Parties shall give notice to the other of its desire to terminate it. It shall be ratified in accordance with the constitutional methods of the High Contracting Parties. The ratifications shall be exchanged in Washington as soon as practicable, and the Convention shall come into force on the day of the exchange of ratifications. In faith whereof, the respective plenipotentiaries have signed the present Convention in duplicate, and have thereunto affixed their seals. DONE at the City of Washington, the second day of March, in the year of our Lord one thousand nine hundred and twenty-three. CHARLES EVANS HUGHES [SEAL] ERNEST LAPOINTE [SEAL] AND WHEREAS the said Convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Washington on the twenty-first day of October, one thousand nine hundred and twenty-four; NOW, THEREFORE, be it known that I, Calvin Coolidge, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the city of Washington, this twenty-second day of October, in the year of our Lord, one thousand, nine hundred and twenty-four, and of the Independence of the United States of America the one hundred and forty-ninth.
By the President: |