Law:Great Lakes Fisheries Convention Act

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R.s.c., 1985, c. F-17

An Act to implement a Convention on Great Lakes Fisheries between Canada and the United States


Contents

Short Title

Short title

1. This Act may be cited as the Great Lakes Fisheries Convention Act.

R.S., c. F-15, s. 1.


Interpretation

Definitions

2. In this Act,

“Commission”

« Commission »

“Commission” means the Great Lakes Fishery Commission established under the Convention;

“Convention”

« Convention »

“Convention” means the Convention on Great Lakes Fisheries between Canada and the United States of America set out in the schedule.

R.S., c. F-15, s. 2.


Convention And Regulations

Convention approved

3. The Convention is hereby approved and confirmed.

R.S., c. F-15, s. 3.

Regulations

4. Notwithstanding any other Act, the Governor in Council may make regulations for carrying out and giving effect to the provisions of the Convention and anything done by the Commission thereunder.

R.S., c. F-15, s. 4.

Offence and punishment

5. Every person who contravenes any regulation made pursuant to section 4 is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both.

R.S., c. F-15, s. 4.


Jurisdiction Of Courts

Jurisdiction of courts

6. All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under regulations made under section 4 as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under regulations made under section 4 in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.

R.S., 1985, c. F-17, s. 6; R.S., 1985, c. 27 (1st Supp.), s. 203; 1990, c. 44, s. 18; 2001, c. 26, s. 303.

Previous Version

Duration

Duration

7. This Act shall continue in force until a day to be fixed by proclamation of the Governor in Council following termination of the Convention.

R.S., c. F-15, s. 6.

Schedule

(Section 2)

Convention on Great Lakes Fisheries between Canada and the United States of America

The Government of Canada and the Government of the United States of America,

Taking note of the interrelation of fishery conservation problems and of the desirability of advancing fishery research in the Great Lakes,

Being aware of the decline of some of the Great Lakes fisheries,

Being concerned over the serious damage to some of these fisheries caused by the parasitic sea lamprey and the continuing threat which this lamprey constitutes for other fisheries,

Recognizing that joint and coordinated efforts by Canada and the United States of America are essential in order to determine the need for and the type of measures which will make possible the maximum sustained productivity in Great Lakes fisheries of common concern,

Have resolved to conclude a convention and have appointed as their respective Plenipotentiaries:

The Government of Canada:

Arnold Danford Patrick Heeney, Ambassador Extraordinary and Plenipotentiary of Canada to the United States of America, and

Stewart Bates, Chairman of the Delegation of Canada to the Great Lakes Fisheries Conference; and

The Government of the United States of America:

Walter Bedell Smith, Acting Secretary of State of the United States of America, and

William C. Herrington, Chairman of the Delegation of the United States of America to the Great Lakes Fisheries Conference,

who, having communicated to each other their respective full powers, found in good and due form, have agreed as follows:


Article I

This Convention shall apply to Lake Ontario (including the St. Lawrence River from Lake Ontario to the forty-fifth parallel of latitude), Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, Lake Superior and their connecting waters, hereinafter referred to as “the Convention Area”. This Convention shall also apply to the tributaries of each of the above waters to the extent necessary to investigate any stock of fish of common concern, the taking or habitat of which is confined predominantly to the Convention Area, and to eradicate or minimize the populations of the sea lamprey (Petromyzon marinus) in the Convention Area.


Article II

1. The Contracting Parties agree to establish and maintain a joint commission, to be known as the Great Lakes Fishery Commission, hereinafter referred to as “the Commission”, and to be composed of two national sections, a Canadian Section and a United States Section. Each Section shall be composed of not more than three members appointed by the respective Contracting Parties.

2. Each Section shall have one vote. A decision or recommendation of the Commission shall be made only with the approval of both Sections.

3. Each Contracting Party may establish for its Section an advisory committee for each of the Great Lakes. The members of each advisory committee so established shall have the right to attend all sessions of the Commission except those which the Commission decides to hold in camera.

(NOTE: Paragraph 1 of Article II was amended by an exchange of notes between the Governments of Canada and the United States, effective May 19, 1967, increasing each section’s membership in the Commission from three to four members. The notes are se out following the Convention.)


Article III

1. At the first meeting of the Commission and at every second subsequent annual meeting thereafter the members shall select from among themselves a Chairman and a Vice-Chairman, each of whom shall hold office from the close of the annual meeting at which he has been selected until the close of the second annual meeting thereafter. The Chairman shall be selected from one Section and the Vice-Chairman from the other Section. The offices of Chairman and Vice-Chairman shall alternate biennially between the Sections.

2. The seat of the Commission shall be at such place in the Great Lakes area as the Commission may designate.

3. The Commission shall hold a regular annual meeting at such place as it may decide. It may hold such other meetings as may be agreed upon by the Chairman and Vice-Chairman and at such time and place as they may designate.

4. The Commission shall authorize the disbursement of funds for the joint expenses of the Commission and may employ personnel and acquire facilities necessary for the performance of its duties.

5. The Commission shall make such rules and by-laws for the conduct of its meetings and for the performance of its duties and such financial regulations as it deems necessary.

6. The Commission may appoint an Executive Secretary upon such terms as it may determine.

7. The staff of the Commission may be appointed by the Executive Secretary in the manner determined by the Commission or appointed by the Commission itself on terms to be determined by it.

8. The Executive Secretary shall, subject to such rules and procedures as may be determined by the Commission, have full power and authority over the staff and shall perform such functions as the Commission may prescribe. If the office of Executive Secretary is vacant, the Commission shall prescribe who shall exercise such power or authority.


Article IV

The Commission shall have the following duties:

(a) to formulate a research program or programs designed to determine the need for measures to make possible the maximum sustained productivity of any stock of fish in the Convention Area which, in the opinion of the Commission, is of common concern to the fisheries of Canada and the United States of America and to determine what measures are best adapted for such purpose;

(b) to coordinate research made pursuant to such programs and, if necessary, to undertake such research itself;

(c) to recommend appropriate measures to the Contracting Parties on the basis of the findings of such research programs;

(d) to formulate and implement a comprehensive program for the purpose of eradicating or minimizing the sea lamprey populations in the Convention Area; and

(e) to publish or authorize the publication of scientific and other information obtained by the Commission in the performance of its duties.


Article V

In order to carry out the duties set forth in Article IV, the Commission may:

(a) conduct investigations;

(b) take measures and install devices in the Convention Area and the tributaries thereof for lamprey control; and

(c) hold public hearings in Canada and the United States of America.


Article VI

1. In the performance of its duties, the Commission shall, in so far as feasile, make use of the official agencies of the Contracting Parties and of their Provinces or States and may make use of private or other public organizations, including international organizations, or of any person.

2. The Commission may seek to establish and maintain working arrangements with public or private organizations for the purpose of furthering the objectives of this Convention.


Article VII

Upon the request of the Commission a Contracting Party shall furnish such information pertinent to the Commission’s duties as is practicable. A Contracting Party may establish conditions regarding the disclosure of such information by the Commission.


Article VIII

1. Each Contracting Party shall determine and pay the expenses of its Section. Joint expenses incurred by the Commission shall be paid by contributions made by the Contracting Parties. The form and proportion of the contributions shall be those approved by the Contracting Parties after the Commission has made a recommendation.

2. The Commission shall submit an annual budget of anticipated joint expenses to the Contracting Parties for approval.


Article IX

The Commission shall submit annually to the Contracting Parties a report on the discharge of its duties. It shall make recommendations to or advise the Contracting Parties whenever it deems necessary on any matter relating to the Convention.


Article X

Nothing in this Convention shall be construed as preventing any of the States of the United States of America bordering on the Great Lakes or, subject to their constitutional arrangements, Canada or the Province of Ontario from making or enforcing laws or regulations within their respective jurisdictions relative to the fisheries of the Great Lakes so far as such laws or regulations do not preclude the carrying out of the Commission’s duties.


Article XI

The Contracting Parties agree to enact such legislation as may be necessary to give effect to the provisions of this Convention.


Article XII

The Contracting Parties shall jointly review in the eighth year of the operation of this Convention the activities of the Commission in relation to the objectives of the Convention in order to determine the desirability of continuing, modifying or terminating this Convention.


Article XIII

1. This Convention shall be ratified and the instruments of ratification shall be exchanged at Ottawa.

2. This Convention shall enter into force on the date of the exchange of the instruments of ratification. It shall remain in force for ten years and shall continue in force thereafter until terminated as provided herein.

3. Either Contracting Party may, by giving two years’ written notice to the other Contracting Party, terminate this Convention at the end of the initial ten-year period or at any time thereafter.

In Witness Whereof the respective Plenipotentiaries have signed the present Convention.

Done at Washington, in duplicate, this tenth day of September, 1954.

(Here follow the signatures on behalf of the Governments of Canada and the United States of America.)

Exchange of notes between the Government of Canada and the Government of the United States amending the Convention on Great Lakes Fisheries.

class="indeNote from the Secretary of State for External Affairs to the Ambassador of the United States:

Ottawa, April 5, 1966.

No. X-92

Excellency,

I have the honour to refer to conversations between representatives of our two Governments concerning amendment of the Convention on Great Lakes Fisheries between Canada and the United States of America signed at Washington on September 10, 1954 to provide for the appointment by each Contracting Party of an additional member on the Great Lakes Fisheries Commission.

In accordance with those conversations, it is the understanding of the Government of Canada that the above-mentioned Convention shall be amended by substituting the word “four” for the word “three” in the second sentence of paragraph 1 of Article II.

I also have the honour to propose that, on confirmation of the foregoing understanding on behalf of the Government of the United States, this Note and Your Excellency’s reply to that effect shall constitute an agreement between our two Governments, which shall enter into force on the date of Your Excellency’s reply.

Accept, Excellency, the renewed assurances of my highest consideration.

Paul Martin,

Secretary of State

for External Affairs

Note from the Ambassador of the United States to the Secretary of State for External Affairs:

Ottawa, May 19, 1967.

No. 298

Sir:

I have the honor to refer to your note of April 5, 1966, which reads as follows:

"I have the honour to refer to conversations between representatives of our two Governments concerning amendment of the Convention on Great Lakes Fisheries between Canada and the United States of America signed at Washington on September 10, 1954 to provide for the appointment by each Contracting Party of an additional member on the Great Lakes Fisheries Commission.

"In accordance with those conversations, it is the understanding of the Government of Canada that the above-mentioned Convention shall be amended by substituting the word `four’ for the word `three’ in the second sentence of paragraph 1 of Article II.

“I also have the honour to propose that, on confirmation of the foregoing understanding on behalf of the Government of the United States, this Note and Your Excellency’s reply to that effect shall constitute an agreement between our two Governments, which shall enter into force on the date of Your Excellency’s reply.”

I have the honor to confirm the foregoing understanding on behalf of my Government. Accordingly, your note and this reply shall constitute an agreement between our two Governments, which shall enter into force this day.

Accept, Sir, the renewed assurances of my highest consideration.

W.W. Butterworth

R.S., c. F-15, Sch.


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