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On August 3, 1962, Senator Bartlett stated as follows (reference: Congressional Record, pp. 14564 and 14565):

The United States recognizes territorial jurisdiction up to 3 marine miles offshore. We have never sought unilaterally to extend our own jurisdiction beyond the 3-mile limit, and we do not recognize purported unilateral extensions by other nations of jurisdiction beyond that distance.

But our lack of recognition of various nations' claims beyond the 3-mile limit has not been effective in preserving the rights of our fishermen. Our shrimp fishermen from Gulf Coast States and our tuna fishermen from West Coast States have been fired upon, their boats seized, and fines levied upon them, and we have had no practical means for protecting them. One incident may, and often does, lead to others. So long as we do nothing to protect our fishermen, so long as we do nothing to protect their rights on the high seas, we can only expect further oppressive acts against them at the hands of foreign authorities. The longer this type of situation is allowed to continue, the more we are placing our fishermen in jeopardy, and the worse the situation becomes. We are encouraging chaos.

The solution is not to arm our fishing vessels; it is not to send fleets of armed U.S. patrol boats to the fishing grounds; it is not to declare war.

Economic force is, today, the most sensible and effective, and the only really practical solution.

This statement by Senator Bartlett gave expression and force to the following conclusions reached on page 4 of the report on S. 2568 by the Senate Commerce Committee:

Because the quota system recommended by the Tropical Tuna Commission will be open on a first-come, first-catch basis, the committee believes it is vital that the tuna vessels of all nations have nondiscriminatory access to the fishing area on the high seas.

The committee's report also stated:

If American fishermen and fishing vessels continue to be targets of discriminatory tactics by other governments, the committee expects to move promptly to recommend enactment of effective legislation to deal with the situation. In this respect, a number of legislative remedies are available, not the least of which would be to forbid the entry into the United States of fish and fishery products from countries which attempt to close off areas of the high seas to American fishermen.

On the high seas of the eastern Pacific Ocean the American tuna industry faces direct and effective competition on a major scale between U.S.-based tuna vessels and foreign-based tuna vessels. This competition is increasing annually at a substantial rate, especially in the last year. See exhibits 2, 3, 5, 6, and 7.

(The exhibits referred to are as follows:)

EXHIBIT 1

TUNA PRODUCTION FACILITIES IN PERU AND ECUADOR

Star Kist Foods, Inc.

Compania Pesquera de Coishco, S.A., controlled by Star-Kist Peruana, S.A., which is a subsidiary of Star Kist Foods, Inc. Coishco was built in 1948. The plant is fully integrated; that is, it has vessels, canning facilities, cold storage units, and a well-equipped machine shop.

In 1958 the refrigeration division could handle 2,000 tons of frozen tuna. Based upon a personal visit in April 1962, this capacity appears to have been doubled. Van Camp Sea Food Co.

Recent Van Camp acquisitions, based upon a report to the shareholders of Van Camp Sea Food Co., dated July 9, 1962:

"On April 12 I informed you that an understanding has been reached whereby Van Camp would acquire the Peruvian interests of British Columbia Packers, Ltd., and Mr. Carl Hedreen. This transaction has just been finalized, wherefore

Van Camp is now the owner of all of the outstanding shares of two Peruvian corporations, Empresa Pesquera Peru S.A. (EPPSA) and Inmobiliaria Eppsa S.A. (Inmobiliaria).

"In a second transaction, completely independent of the foregoing, Van Camp on June 11 purchased all of the outstanding shares of two additional Peruvian corporations, Cia. de Negocios de Ultramar S.A. (CONULSA) and Empresa Pesquera Ilo S.A. (EPISA). The activities of all four companies are now being integrated into one operation with headquarters at Lima, Peru, thus enhancing the values of each of the new acquisitions.

"The two Peruvian acquisitions are of greater significance. These involve two fish-receiving stations with freezers and cold storage installations, four canneries and four fishmeal reduction plants. The properties are located at Ilo, Chimbote, Culebras, Supe, Bahia, and Moncora, all seacoast communities that are scattered at intervals from the southern to the northern tips of Peru."

Van Camp also has a cannery and cold storage facility in Manta, Ecuador. The cannery can handle about 70 tons of fish a day. The cold storage facility has a capacity of 2,000 tons.

Frigorifico Paita, S.A.

This concern has two freezers and a cannery. Its primary function is the freezing of tuna and tuna loins for export to the United States. This plant was formerly a subsidiary of Westgate-California Corp. of San Diego. The Frispa plant can handle 1,500 tons of frozen fish. This plant is now owned by Cesar Vallarino, a Peruvian citizen. This person also owns Inter America de Navegacion y Negocios, S.A. This concern operates refrigerated carriers at Mancora and Zorritos.

EXHIBIT 2

Foreign tuna fleet

NOTE.-Does not include the 45- to 60-foot small boats operating from Mancora, Paita, Zorritos, Ilo, Peru. Or the small vessels operating from Manta and Salinas, Ecuador. The listing only includes former U.S. fishing vessels now fishing in foreign ports.

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As a comparison, tuna fleet operating from San Pedro May 1962 (all seiners) are as follows:

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EXHIBIT 3

Tuna fishing vessels reported lost, abandoned, forfeited, exempt, sold alien, transferred to foreign flag, 1961, 1962

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1 Not strictly tuna vessel, but it is a purse seiner capable of being used in the fishery. 2 These vessels were registered in Wilmington, Del., but in fact were operating from ports in Peru for the past 2 or more years. These vessels were managed and controlled by persons in San Diego before the transfer.

3 Incorrectly reported as a freighter in the supplement.

Source: U.S. Treasury Department, Bureau of Customs, Monthly Supplement to
Merchant Vessels of United States.

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EXHIBIT 4

From: Embassy Quito, Ecuador.

To: The Department of State, Washington.
Subject: Transmittal of Decree Establishing Restricted Fishing Zone off
Ecuadorean Coast (unclassified).

This is an informal translation, dated May 31, 1962, of Decree No. 749, by Carlos Julio Arosemena Monroy, constitutional President of the Republic of Ecuador, prohibiting purse seiners from fishing within 40 marine miles of the Ecuadorean coast between Cabo Pasado and Punta de Santa Elena. Considering:

That, the Manabi Association of Boat Owners (AMAPE) has presented to the Ministry of Development a petition asking that tuna fishing in Ecuadorean waters be regulated in a manner so that it does not adversely affect the national fishing fleet;

That, having sent a Special Commission of representatives of the Ministry of Development and the Ministry of Defense, it has been established that the activity of Ecuadorean tuna boats would be affected considerably by the system of fishing known as purse seiners; and,

That, in conformity with article 13 of the maritime hunting and fishing law, the executive branch is authorized to prohibit, restrict, limit or condition fishing activities,

Decrees:

Article 1. Fishing vessels are prohibited from fishing tuna by means of net (system known as purse seiner), in the section of the sea comprehended within the following limits: from the beacon of Cabo Pasado, an imaginary line, 40 marine miles to the west to the point 00°-22′00′′ south latitude and 81°-10'00'' west longitude. From this point with a true route of 195° to another point situated in the sea at 02°-12'00'' south latitude and 81°-40′00′′ west longitude, that is to say, to 40 miles west of Punta de Santa Elena; and from there, with a true route of 90°, until ending on land at Punta de Santa Elena.

Article 2. Said zone is declared a national reserve, in which there will be permitted only fishing by hook and line subject to pertinent legal provisions.

Under the present decree, foreign flag fishing vessels will continue subject to the provisions of Executive Decree No. 991, of May 23, 1961, published in Official Registry No. 229, of June 2 of the same year. (Note: this decree prohibits foreign flag vessels from fishing for bait between Punta de Santa Elena and Cabo Pasado.

Article 3. The prohibition provided in article 1 modifies the fishing permits granted to purse seiners, limiting their operations to outside the reserve zone. Article 4. All foreign flag tuna fishing vessels are obligated to present themselves to the captain of the Ecuadorean port closest to their route, in order to have their documents countersigned, on entering and leaving national territory. Article 5. Authorized Ecuadorean consuls, on granting the matricula and fishing permit, will receive a sworn statement from the captains of fishing vessels, that will be evidenced in writing at the bottom of such documents, that they understand the provisions of the present decree.

Article 6. Any violation of the provisions of this decree will be punished in accordance with the sanctions provided in article 52 of the maritime law of hunting and fishing.

Article 7. The Ministers of Development, Foreign Affairs, and Defense are given responsibility for enforcement of this decree.

Signed in the national palace at Quito on May 15, 1962.

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