limit. Under the so-called Continental Shelf Convention, which both the United States and Russia have signed and ratified, and which, with the ratification of one more nation should go into effect in the near future, it will be recognized that a coastal state has sovereign rights in the exploitation of certain natural resources on the Continental Shelf. Under the Convention, these resources would include those organisms which "in the harvestable stage, either are immobile, or underneath the seabed, or are unable to move except in constant physical contact with the seabed or subsoil."

It has not been finally settled which seabed resources belong to the United States under this Convention and which do not. I do not wish to prejudge that question, but it seems clear that oysters and clams would be included. There are other commercial resources which may possibly be included, although an official American position remains to be determined, on the basis of scientific studies of their habits. There may well be still other organisms which will become commercially usable in the future, and which will fall within the Convention. I believe that it is very important that we do not forego our rights to Continental Shelf resources as they may develop in the future. By providing sanctions against the taking of such resources validly claimed by us under the Convention, we would take a farsighted step to secure our rights now and in the future.

This bill will not preempt the states of their powers against trespassers of their territorial seas. Some states now have sanctions, although they often are not as comprehensive as those which this bill would enact. I have compiled the Massachusetts statutes on this question, and I ask that they be included in the record at the close of my remarks.

Senator BARTLETT. That will be done.

The CHAIRMAN. Senator Kennedy, I would also like to include, at the end of your remarks, such statutes, if any, that Washington and Oregon have on this matter.

Senator KENNEDY. All right, sir.

The CHAIRMAN. The staff will please get those statutes.

Senator KENNEDY. The laws of my State could be effectively supplemented by the proposed bill. In the Coast Guard, the Department of the Interior, and the Bureau of Customs we have enforcement agencies well equipped to deal with violators, and which specialize in law enforcement problems off our coasts.

In closing, Mr. Chairman, I think we all recognize that this bill alone does not by any means provide the answer to the problems of our fisheries. It would not affect many of the fishing activities of foreigners outside our territorial waters where their primary operations take place. To successfully compete in that area, we must revitalize our fishing industry so that it can cope with the State-subsidized efforts of foreign nations. This committee has favorably reported two major bills which would be of great help to our industry, and one of them, S. 627, has passed the Senate. The other, S. 1006, the U.S. Fishing Fleet Improvement Act, would be of great significance, and I am hopeful that it will receive favorable action on the floor of the Senate.

Nevertheless, the legislation now before this committee would provide much needed procedures for the apprehension, prosecution and punishment of those who fish illegally in U.S. waters, and those who illegally take the Continental Shelf resources claimed by the

23-530-63——3

United States. Such sanctions are needed, and I strongly support this bill.

[Boston Globe, Aug. 14, 1963]

50 RUSSIAN TRAWLERS 4 MILES OFF CAPE COD

(By Frank White)

The skipper of an American ship that sailed through a Russian fishing fleet near Georges Bank Tuesday morning said last night that he "definitely saw at least 300 of them out there."

Capt. Thomas Fowler of Roxbury said he sighted 50 in a 35-mile stretch 4 miles off the Cape Cod beaches of Nauset and Chatham.

The Georges Bank area extends about 250 miles out from Boston and has long been a lucrative fishing ground for New Englanders. The Russian fleets started moving in 4 years ago, but never have so many been so close to American soil.

"I made up my mind 2 years ago when we had trouble that next time I'd go through them," said Fowler.

He added the foreign vessels are closely concentrated and that "I could have been rammed several times if I had been stubborn,' The Russians are not observing right-of-way rules, he said, and one ship came so close that he and his son Rrichard could see a Russian sailor peering at them through binoculars.

In addition, the intruders are coming in at night, often without lights, greatly increasing the possibilities of colllison, he charged.

Events of the past weeks indicate that Fowler was lucky to make it without incident. Navy intelligence officers are still investigating the case of the Portland trawler Resolute, which apparently snagged a submarine accompanying the fleet, and lost $8,000 worth of net fighting to stay afloat.

On August 3, another Portland ship, the Josephine and Mary, was rammed by a Russian trawler which backed off and refused to give aid to the injured vessel. Aside from the disregard for the rules of the sea, the Russians present another problem for New England fishermen. They are fishing for herring, which the New Englanders use for bait, and, said Fowler, "we've hauled up Russian nets with mesh smaller than is set by international law."

Unfortunately, even if the Russians are using illegal nets, according to the rules of the International Commission for the Northwest Atlantic Fisheries, the Russians can only be punished by the U.S.S.R.

As for their presence, the Russians have every legal right to be there as long as they stay outside the 3-mile limit, and Fowler admits that they did that Monday night.

"My son, Richard, asked me how far out they were, and I took a bearing on them. They were just 4 miles out."

"Any number of Boston fishermen have encountered these Russian submarines on the surface during the past year or so," said Capt. James D. Ackert, president of the Atlantic Fishermen's Union.

Ackert was mate on the Boston beam trawler William J. O'Brien, last September when it came upon a Russian submarine refueling from one of the big Russian "factory" ships on the southwest section of Georges Bank last September.

The Russians admit they have submarines-"research submarines"-operating with their fishing fleets all over the world.

Activities of the Russian herring-chasing subs first appeared in Commercial Fisheries Review in 1959 when it was reported that the Red undersea boat Severyanka (the Northerner) had been converted for use by the fishing industry.

The Kremlin contends that young scientists from the U.S.S.R. Institute of Marine Fisheries and Oceanography man the controls of the Northerner.

[Photograph not reproducible]

Russian Float from fishing fleet in Georges Bank and Cape Cod area is examined by Capt. Thomas Fowler, his son, Richard (left), and Lawrence Haley, 16. (Photo by Ollie Noonan, Jr.)

CANADIAN LAWS RELATING TO MARINE FISHERIES

9-10 ELIZABETH II

Chap. 14

An Act to amend the Coastal Fisheries Protection Act.

[Assented to 29th March, 1961]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Paragraph (a) of section 2 of the Coastal Fisheries Protection Act is repealed and the following substituted therefor:

"(a) “Canadian fishing vessel" means a fishing vessel

(i) that is registered or licensed in Canada under the Canada Shipping Act and is owned by one or more persons each of whom is a Canadian citizen, a person resident and domiciled in Canada or a corporation incorporated under the laws of Canada or of a province, having its principal place of business in Canada, or

(ii) that is not required by the Canada Shipping Act to be registered or licensed in Canada and is not registered or licensed elsewhere but is owned as described in subparagraph (i);"

1-2 ELIZABETH II

Chap. 15

Dominion of Canada

An Act to Protect the Coastal Fisheries, as amended

[Assented to 31st March, 1953 amended 29th March, 1961]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

1. This Act may be cited as the Coastal Fisheries Protection Act.

Interpretation

2. In this Act

(a) "Canadian fishing vessel" means a fishing vessel that is

(i) registered in Canada,

(ii) owned by one person domiciled and resident in Canada,

(iii) owned by two or more persons, all of whom are domiciled and resident in Canada, or

(iv) owned by a body corporate incorporated under the laws of Canada or the laws of a province and having its principal place of business in Canada; (b) "Canadian territorial waters" means any waters designated by any Act of the Parliament of Canada or by the Governor in Council as the territorial waters of Canada, or any waters not so designated being within three marine miles of any of the coasts, bays, creeks, or harbours of Canada, and includes the inland waters of Canada;

(c) "fish" includes shellfish, crustaceans and marine animals;

(d) "fishing" means fishing for or catching or killing fish by any method;

(e) "fishing vessel" includes any ship or boat or any other description of vessel used in or equipped for fishing or processing fish or transporting fish from fishing grounds and includes any vessel used or equipped for taking, processing or transporting marine plants;

(f) "foreign fishing vessel" means a fishing vessel that is not a Canadian fishing vessel;

(g) "government vessel" means any vessel that belongs to or is in the service of Her Majesty in right of Canada;

(h) "Minister" means the Minister of Fisheries; and

(2) "Protection Officer" means

(i) a fishery officer within the meaning of the Fisheries Act,

(ii) an officer of the Royal Canadian Mounted Police,

(iii) any commissioned officer of the Royal Canadian Navy, or

(iv) any person authorized by the Governor in Council to enforce this Act.

Foreign fishing vessels.

3. (1) No foreign fishing vessel shall enter Canadian territorial waters for any purpose unless authorized by

(a) this Act or the regulations,

(b) any other law of Canada, or

(c) a treaty.

(2) No person, being aboard a foreign fishing vessel or being a member of the crew of or attached to or employed on a foreign fishing vessel shall in Canada or in Canadian territorial waters

(a) fish or prepare to fish,

(b) unload, land or tranship any fish, outfit or supplies, ship or discharge any crew member or other person, (d) purchase or obtain bait or any supplies or outfits, or (e) take or prepare to take marine plants

unless he is authorized to do so by

this Act or the regulations,

any other law of Canada, or

(h) a treaty.

(3) No person, being aboard a Canadian fishing vessel, shall bring into Canadian territorial waters fish received outside Canadian territorial waters from a foreign fishing vessel, unless he is authorized to do so by the regulations.

Regulations.

4. The Governor in Council may make regulations

(a) for authorizing, by means of licences, permits or otherwise,

(i) foreign fishing vessels to enter Canadian territorial waters for any purpose specified in the regulations, or

(ii) persons to do all or any of the things described in paragraphs (a) to (e) of subsection (2) of section 3 or in subsection (3) of section 3;

(b) respecting the issue, suspension and cancellation of any licenses or permits provided for under paragraph (a), prescribing their terms, conditions and forms and the fees payable therefor;

(c) for appointing or authorizing persons to enforce the provisions of this Act and the regulations;

(d) designating territorial waters of Canada for the purposes of this Act;

(e) for securing and keeping any fishing vessels or things seized pursuant to this Act; and

(f) generally for carrying out the purposes and provisions of this Act.

Inspection, seizure and forfeiture.

5. A Protection Officer may

(a) go on board of any fishing vessel found within Canadian territorial waters and stay on board so long as she remains within Canadian territorial waters, (b) bring the fishing vessel into port and search her cargo, and

(c) examine the master or any member of the crew upon oath touching the cargo and voyage.

6. (1) Whenever a Protection Officer suspects on reasonable grounds that an offence against this Act has been committed, he may seize

(a) any fishing vessel by means of or in relation to which he reasonably believes the offense was committed,

(b) any goods aboard the fishing vessel, including fish, tackle, rigging, apparel, furniture, stores and cargo, or

(c) the fishing vessel and any of the goods mentioned in paragraph (b).

(2) A Protection Officer may arrest without warrant any person whom he on reasonable grounds suspects of having committed an offense against this Act.

(3) Subject to this section, the fishing vessel and goods seized under subsection (1) shall be retained in the custody of the Protection Officer making the seizure of shall be delivered into the custody of such person as the Minister may direct.

(4) Where fish or other perishable articles are seized under subsection (1) the Protection Officer or other person having the custody thereof may sell them, and the proceeds of the sale shall be paid to the Receiver General of Canada or shall be deposited in a chartered bank to the credit of the Receiver General of Canada. (5) Where a person is convicted of an offence against this Act, the convicting court or judge may, in addition to any other penalty imposed, order that

(a) any fishing vessel seized under subsection (1) by means of or in relation to which the offence was committed,

(b) any goods aboard the fishing vessel, including fish, tackle, rigging, apparel, furniture, stores and cargo, or, if any of the goods have been sold under subsection (4), the proceeds thereof, or

(c) the fishing vessel and any of the goods mentioned in paragraph (b), or the proceeds thereof,

be forfeited, and upon such order being made the fishing vessel, goods or proceeds so ordered to be forfeited are forfeited to Her Majesty in right of Canada.

(6) Where a fishing vessel or goods have been seized under subsection (1) and proceedings in respect of the offence have been instituted, the court or judge may, with the consent of the Protection Officer who made the seizure, order redelivery thereof to the accused upon security by bond, with two sureties, in an amount and form satisfactory to the Minister, being given to Her Majesty.

(7) Any fishing vessel or goods seized under subsection (1) or the proceeds realized from a sale thereof under subsection (4), shall be returned or paid to the person from whom the fishing vessel or goods were taken if the Minister decides not to institute a prosecution in respect of the offence, and in any event shall be so returned or paid upon the expiration of three months from the day of seizure unless before that time proceedings in respect of the offence are instituted.

(8) Where proceedings in respect of an offence against this Act have been instituted and a fishing vessel or goods are at the final conclusion of the proceedings ordered to be forfeited, they may be disposed of as the Minister directs.

(9) Where a fishing vessel or goods have been seized under subsection (1) and proceedings in respect of the offence have been instituted, but the fishing vessel or goods or any proceeds realized from a sale thereof under subsection (4) are not at the final conclusion of the proceedings ordered to be forfeited, they shall be returned or the proceeds shall be paid to the person from whom the fishing vessel or goods were taken, unless there has been a conviction and a fine imposed in which case the fishing vessel or goods may be detained until the fine is paid, or the fishing vessel and the goods may be sold under execution in satisfaction of the fine, or the proceeds realised from a sale of any of the goods under subsection (4) may be applied in payment of the fine.

Offenses and penalties.

7. Every person is guilty of an offence who

(a) being master or in command of a fishing vessel,

(i) enters Canadian territiroal waters contrary to this Act, or

(ii) without legal excuse, the proof whereof shall lie on him, fails to bring to when required so to do by any Protection Officer or upon signal of a government vessel;

(b) being aboard a fishing vessel, refuses to answer any questions on oath put to him by a Protection Officer;

(c) after signal by a government vessel to bring to, throws overboard or staves or destroys any part of the vessel's cargo, outfit or equipment; or

(d) resists or wilfully obstructs any Protection Officer in the execution of his duty.

8. (1) Every person who violates any of the provisions of section 3 is guilty of an offence and is liable

(a) upon conviction on indictment to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding two years or to both fine and imprisonment, or

(b) upon summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three months or to both fine and imprisonment.

(2) Every person who is guilty of an offence under section 7 is liable

(a) upon conviction on indictment to a fine not exceeding ten thousand dollars or to imprisonment for a term not exeeding one year or to both fine and imprisonment, or

(b) upon summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one month or to both fine and imprisonment.

Jurisdiction of courts

9. All courts, justices of the peace, and magistrates in Canada have the same jurisdiction with respect to offenses under this Act as they have under sections 681 to 684 of the Canada Shipping Act, 1934, with respect to offences under that Act, and the provisions of those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 1934.

10. (1) The Customs and Fisheries Protection Act, chapter 43 of the Revised Statutes of Canada, 1927, is repealed.

(2) Upon the coming into force of the Revised Statutes of Canada, 1952,