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Agreement Between the Government of Canada and the Government of the Republic of France Relating to Fisheries for the Years 1989-91

E101424 - CTS 1989 No. 31

Taking into account the consultations held on March 16 and 17, 1989 at Hull between a Canadian delegation led by Mr FORTIER and a French delegation led by Mr PUISSOCHET concerning, inter alia, their differences of opinion regarding the interpretation and the conditions of application of certain provisions of the Canada-France Fisheries Agreement of March 27, 1972;

Recalling that Canada and France, seeking an early solution to the dispute between them regarding the setting of fish quotas for French fishing vessels in Canadian waters, taking into account the Canada-France fisheries agreement of March 27, 1972, signed an agreement in Ottawa on April 30, 1988 providing for the establishment of a mediation procedure;

Noting that it is necessary to establish fish quotas for French vessels and other related arrangements for 1989, 1990 and 1991, during which period the dispute respecting the maritime claims of the two States will be submitted to international arbitration;

Considering the suggestions made by the mediator, Mr. IGLESIAS, appointed under the Agreement of April 30, 1988 on the setting of fish quotas;

The two delegations have reached the following conclusions for 1989, 1990 and 1991:

  1.  
    1. The fish quotas allocated annually to French fishing vessels while this procès-verbal is in force are set out in Appendix I.
    2. The total cod allocation for French fishing vessels registered at Saint-Pierre and Miquelon in the Gulf of St-Lawrence is subject to the provisions of Appendix II.
  2.  
    1. The fishery regulations made under Canadian legislation, including those provisions respecting the presence on board of Canadian observers and the fees payable for fishing licences, shall apply to French fishing vessels in Canadian waters outside the disputed zone.
    2. The fees payable by the fishermen of Saint Pierre and Miquelon with respect to their activities in the Gulf of St-Lawrence shall be established in accordance with the conditions set out in articles 4 (b) and 6 (1) of the agreement of March 27, 1972, taking into account the interpretation given to those conditions in the arbitral award in the “La Bretagne” case.
  3. Each party will provide the other with the information it has obtained under its regulations on the catches in subdivision 3PS of the following species:
    1. weekly:

      cod

    2. monthly:

      haddock
      redfish
      pollock
      American plaice
      witch flounder
      yellowtail flounder
      scallops and coquille St-Jacques.

  4. The parties have agreed to the following provisions regarding the disputed zone, which, for purposes of this procès-verbal, shall have the same meaning as it has had until now:
    1. The parties undertake not to change fundamentally the intensity, nature or method of fishing for, the following species: haddock, redfish, pollock, American plaice, witch flounder and yellowtail flounder.
    2. Subject to the right of pursuit which may be exercised under international law, the agreements whereby each party refrains from enforcement against vessels flying the flag of the other party and from conducting any drilling activity or exploiting the mineral resources of the seabed and subsoil shall remain in force until the expiry of forty-five days following the notification of the decision settling the dispute respecting the maritime claims of the two States.
    3. When inspecting fishing vessels flying its flag in the disputed zone, each party will, at the request of the other party, take on board the inspection vessel an agent designated by the latter. Such agent shall be associated in the inspections as an observer. The frequency and the modalities of these inspections will be subject to appropriate arrangements. The information received by this observer will be protected by the rules of professional secrecy and will be transmitted only to his own authorities.
  5. Without prejudice to a possible agreement between the parties for any period subsequent to 1991, it is agreed that if the notification of the arbitral award respecting the maritime claims of the two States does not occur before November 1, 1991, this procès-verbal shall be extended in accordance with the following terms and conditions:
    1. The provisions other than paragraph 4 b) shall be extended until the end Of the quarter during Which the notification of the award occurs. If such notification occurs after the forty-fifth day of that quarter, these provisions shall be extended until the end of the following quarter, but shall not have effect beyond December 31,1992.
    2. The quotas specified in Appendix I shall be allocated to French vessels in 1992 in proportion to the period of extension, in accordance with the following quarterly division:
      • 40 % if this procès-verbal is extended to March 30, 1992.
      • 60 % if this procès-verbal is extended to June 30, 1992.
      • 75 % if this procès-verbal is extended to September 30, 1992.
      • 100 % if this procès-verbal is extended to December 31, 1992.

    For the Gulf of St-Lawrence, the percentages shall be 60 % as of the first quarter and 100 % as of the second quarter.

  6. This procès-verbal and its annexes are without prejudice to the legal positions of either party, in particular with respect to:
    1. their maritime claims off their coasts; and
    2. the conditions of applications and the interpretation of the fisheries agreement of March 27, 1972.

L. Yves Fortier, O.C., q.c.

Jean-Pierre Poissochet

March the 30th, 1989

ANNEX I

Table 1:
Quotas
Cod: 4RS 3Pn
4TVn (January-April)		 4,000t
  2GH 4,500t
  2J3KL (1989)
(1990-1991)		 2,950t
This figure shall be adjusted upward or downward in proportion to changes in the offshore allocation in the Canadian TAC for 1990 and 1991. Upward adjustment shall not raise the quota beyond 3,800t.
Redfish: 2 + 3K 2,000t
  4VWX 4,000t
Greenland Halibut: 2GH 2,000t
  2J3KL 3,000t
Silver hake: 4VWX 4,000t
Witch Flounder: 2J3KL 500t
Squid: 3 + 4 2,000t

The cod quotas in 3Ps are the subject of the exchange of notes verbales of this date.


ANNEX II

Gulf of St Lawrence

The total allocation of French cod quotas in the Gulf of St-Lawrence shall be subject to the following conditions:

  1. The 4RS 3Pn cod stock quota shall be 3200t and the 4TVn (January-April) cod stock quota shall be 800t;
  2. Each year Canada may increase the 4TVn (January-April) cod stock quota beyond 800t and reduce the 4RS 3Pn cod stock quota by an equal amount, subject to a maximum of 800t. It shall inform the other party of this decision.

    Consultations between the parties may take place at the request of either;

  3. When the 4TVn (January-April) cod stock quota exceeds 800t, Saint-Pierre and Miquelon fishermen may harvest this quota both inside and outside the Gulf in subdivision 4Vn, notwithstanding the geographical restriction stipulated in article 4 b) of the 1972 agreement;
  4. The fishermen of Saint-Pierre and Miquelon may take the quota of the 4RS 3Pn cod stock both inside and outside the Gulf, notwithstanding the geographical restriction stipulated in article 4 (b) of the 1972 agreement.

I

The Permanent Representative of Canada to the United Nations and Chief Negotiator for Canada concerning Franco-Canadian Fisheries Issues to the Director of the Legal Division, Department of Foreign Affairs of the French Republic

(Translation)

OTTAWA, March 30, 1989

Mr. Jean Pierre Puissochet
Ministry of Foreign Affairs
Paris

Dear Jean-Pierre,

I am gratified that we were able earlier today to sign agreements which complete the task over which we both have laboured for so long.

There remain nevertheless a number of details which deserve our attention so that we can ensure that all necessary provisions for a global accord have been made by both sides.

First, I can confirm that the re-opening of Canadian ports to French fishing vessels takes effect today, on the authority of the Minister of Fisheries and Oceans.

France will also receive, as soon as possible, a bill for the payment of the fishing fees owed by French vessels for the year 1987. You will recall that because of the difficulties encountered during the negotiations in 1987, these fees were not billed nor, obviously, were they paid. The total amount, fixed on the basis of French fishing activities in 1987 and the fee rates established under Canadian regulations for that same year, will be $356,902.

As to the system of inspections which has been included in the procès-verbal, I wish to add a few precise points to the general approach which is outlined therein. It is clear that, for this system to be satisfactory, it must enable each party to estimate the catches made by the other party without undue delay. In this respect, I simply want to ensure that you share my view that the following provisions are not only desirable but also necessary:

  • Each party shall conduct a dozen inspections annually, subject to the necessary inspection vessels being available in the zone; each party shall use its best efforts so that these vessels are in the zone at suitable times.
  • French inspections will be carried out on metropolitan vessels - if France gives them access to the zone - as well as on Saint-Pierre and Miquelon vessels.
  • The observer will be associated as such with all inspection activities and will have access to the same documents and to the same parts of the vessel as will the inspector.
  • The competent authorities of both parties will take the necessary steps to ensure satisfactory coordination and scheduling.

Your agreement to these four points will confirm my interpretation of the text included in the procès-verbal we have signed today.

Yours sincerely,

L. Yves Fortier

II

The Director of the Legal Division, Department of Foreign Affairs of the French Republic to the Permanent Representative of Canada to the United Nations and Chief Negotiator for Canada concerning Franco-Canadian Fisheries Issues

(Translation)

PARIS, 30 March 1989

Ambassador Yves Fortier
Permanent Representative of Canada
to the United Nations
Chief Negotiator for Canada
concerning Franco-Canadian Fisheries Issues

My Dear Yves,

I an as delighted as you to see the end, even if it is far from giving us complete satisfaction, of the lengthy and difficult negotiations that have brought us together for more than a year.

I have taken note of your confirmation of the reopening of Canadian fishing ports to French fishing vessels which takes effect from today.

I give you notice for my part that the fees incurred by French fishing vessels in 1987 will be settled after the bills have been received.

Concerning the inspection mechanism envisaged in the procès-verbal of this date, I share your interpretation on the points that you have mentioned:

  • Each party will carry out a dozen inspections each year, subject to the necessary inspection vessels being available in the zone. They will use their best efforts so that these vessels are present at suitable times in the said zone;
  • The inspections will be carried out on metropolitan vessels - if France gives them access to the zone - as well as on Saint-Pierre-and-Miquelon vessels;
  • The observer will be associated as such with all inspection activities and will have access to the same documents and to the same parts of the vessel as will the inspector;
  • The competent authorities of both parties will take necessary steps to ensure satisfactory coordination and scheduling.

I ask you to accept, my dear Yves, the expression of my highest consideration.

Jean-Pierre Puissochet

III

The Department of External Affairs of Canada to the Ministry of Foreign Affairs of the French Republic

OTTAWA, March 30, 1989

No. 220

The Department of External Affairs of Canada presents its compliments to the Ministry of Foreign Affairs of the Republic of France and has the honour to refer to the discussions the drafting of the compromis on maritime boundary delimitation and the fishing activities off the coasts of Canada and Saint-Pierre-and-Miquelon.

The annual cod quota set by the Canadian authorities for French vessels in sub-division 3Ps, including the part of this zone which is claimed by each party (the “disputed zone”), will be 15.6% of the TAC set by the Canadian authorities annually. Fishing by French vessels in the undisputed Canadian part of subdivision 3Ps will be allowed each year up to the date on which a quantity equal to this quota has been taken by French vessels in the subdivision as a whole. For this purpose, “disputed zone” shall have the same meaning as it has had in practice up to now.

The Canadian authorities have taken note of France’s intention of unilaterally setting an annual quota of 15,600t for 1989, 15,100t for 1990 and 14,600t for 1991, for French vessels in subdivision 3Ps. They reaffirm as in the past that such a measure has no legal basis and that any fishing by French vessels in excess of the quota set by the Canadian authorities constitutes overfishing which can be tolerated only in consideration of the present special circumstances.

With regard to the fish quotas specified in the procès-verbal of this date, the Department emphasizes that these quotas exceed Canada’s legal obligations under the Canada-France fisheries agreement of March 27, 1972, and that they have been allocated solely to facilitate the process leading to the settlement of the dispute between France and Canada concerning the maritime claims of the two States off the coasts of Canada and Saint-Pierre-and-Miquelon.

It is not without difficulty that these quotas have been granted. The French authorities have no doubt noted the radical measures Canada has been obliged to impose on its own fishermen in several zones, particularly in 2J3KL. It is therefore essential, for each stock affected by quotas for the French vessels, that the amount set in the procès-verbal be the maximum taken from that stock. The Canadian authorities also insist that fishing by French vessels remain as it has been in recent years with respect to the stocks in divisions 3L and 3N0 beyond the Canadian fishing zone.

The Canadian authorities point out that compliance by French vessels with the provisions established by each of the two countries and those mentioned in this note, is essential to the exercise of the rights set out in the procès-verbal of this date.

These arrangements will remain in effect as long as the procès-verbal of this date is in effect and will be subject to the same conditions of extension.

The Department also notes that the provisions of this note can in no way prejudice Canada’s legal position in relation to the Canada-France fisheries agreement of March 27, 1972, the maritime boundary delimitation between Saint-Pierre-and-Miquelon and Canada, or the law of the sea.

The Department of External Affairs takes this opportunity to renew to the Ministry of Foreign Affairs of France the assurances of its highest consideration.

IV

The Ministry of Foreign Affairs of the French Republic to the Department of External Affairs of Canada

(Translation)

Note Verbale

The Ministry of Foreign Affairs of the French Republic presents its compliments to the Department of External Affairs of Canada, and has the honour to refer to its note No. 220 of March 30, 1989, and to the discussions respecting the preparation of a compromise concerning the maritime delimitation and the fishery off the coasts of Canada and France (Saint-Pierre and Miquelon) and to the subsequent procès-verbal and the agreement respecting the formation of an arbitral tribunal.

The Ministry of Foreign Affairs has taken note of the remarks made by the Department of External Affairs of Canada, and wishes to make the following comments in reply.

  1. The French authorities take note of the mechanism described in paragraph 2 of the note prepared by the Department of External Affairs of Canada. They wish to point out, however, that the reference to a 15.6% portion of the TAC established annually by Canada in sector 3PS has no justification whatsoever. They strenuously object to the affirmation that any amount of fishing exceeding the catch figure resulting from the application of this percentage would constitute overfishing. As the Canadian party knows, France is legally free to set the amounts of the fishing quotas in the so-called disputed zone, which constitutes its exclusive economic zone and over which it exercises the sovereign rights determined by international law. The French authorities also point out that the situation of the stocks in this sector does not justify the affirmation that any quota above that resulting from the application of the above-mentioned percentage would constitute overexploitation of the biological resources, which it opposes as much as Canada does. They confirm their intention to set the total amount of the fishing quotas allocated to the French ships in sector 3PS at 15,600 tonnes in 1989, 15,000 tonnes in 1990 and 14,600 tonnes in 1991.
  2. The French authorities deem on their part that the agreement resulting from the procès-verbal of this date constitutes an application of the France-Canada Agreement of March 27, 1972, which is the legal basis for France-Canada relations in the sectors under consideration. They categorically reject the affirmation that the resource allocations agreed upon were set only to facilitate the process leading to a settlement of the dispute between Canada and France concerning the maritime claims of the two states off the coasts of Canada and France, between Saint-Pierre and Miquelon and Newfoundland. They point out that the only connection between the two issues is that established by the conclusions approved on January 24, 1987, whereby the two parties agreed to proceed simultaneously toward the preparation of a delimitation agreement by recourse to a third party, and toward the establishment of fishing quotas during the period necessary for the conducting of the said procedure.
  3. The French authorities are aware of the measures imposed by Canada upon its fishermen in sector 2J3KL on the basis of a scientific report that it has undertaken to verify. They point out, however, that the French quota in sector 2J3KL was set for 1989 at a level that fully takes into account this situation, and that in 1990 and 1991 it will evolve by the application of a percentage equal to that applied to the Canadian high seas contingent in the same waters.
  4. In regard to the fishery in the international waters beyond the Canadian fishing zone, the French authorities have taken note of the observations made by the Department of External Affairs of Canada. They will of course see that their international undertakings are complied with in these waters.

The Ministry of Foreign Affairs of the French Republic takes this opportunity to renew to the Department of External Affairs of Canada the assurances of its highest consideration.

PARIS, March 30, 1989


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