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National Oceanic and
Atmospheric Administration
National Marine Fisheries Service |
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Southwest Region
501 West Ocean Blvd., Suite 4200
Long Beach, CA 90802
swr.nmfs.noaa.gov |
GUIDE FOR COMPLYING WITH THE
VESSEL
FISHING REQUIREMENTS OF THE
U.S. - CANADA ALBACORE TREATY
APRIL 2009
This guide is
intended to help owners and operators of West Coast albacore fishing
vessels understand what their obligations are if they wish to fish for
albacore in Canadian waters, transit through Canadian waters without
fishing, or use Canadian ports during the summer albacore fishing
season. This guide has been updated for the 2009 fishing season and is intended to provide practical
information and advice; however, any inadvertent difference between this
guide and the regulations will be resolved by following the regulatory
language found at: http://swr.nmfs.noaa.gov/albacore/060404.pdf
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Q. What is the
U.S.-Canada Albacore Treaty?
The Treaty is a 1981
agreement between the governments of Canada
and the United States,
amended in 2002, and codified by law in April, 2004. It allows U.S. vessels to fish for albacore in
Canadian waters seaward of 12 miles from shore and Canadian vessels to fish
for albacore in U.S.
waters seaward of 12 miles from shore. The Treaty also allows
Canadian vessels to use certain U.S.
ports to obtain supplies and services and to land fish, and it allows U.S.
vessels to use certain Canadian ports for the same purposes. The
Treaty also calls for exchange of fisheries data between the governments of
the two nations.
On December 15, 2008, Canadian and United States officials
initialed amendments to the Canada-U.S. Pacific Albacore Tuna Treaty
(Treaty). The new regime will be in
force for the 2009 Fishing Season. This guide is intended to provide you
with information on the revised requirements for U.S.
albacore tuna vessels intending to fish in the waters of Canada under the Treaty.
Q. In general,
what do the regulations require?
The regulations
establish vessel marking, record keeping, and reporting requirements for U.S. albacore tuna fishing vessel operators
and for Canadian albacore tuna fishing vessel operators when they are
fishing in U.S.
waters. In addition, the U.S.
and Canada
have agreed to limits on reciprocal fishing access so that, over a period
of 3 years, the number of fishing vessels that will be permitted to fish
under the Treaty will be maintained.
Q. What are
the fishing access limits?
For 2009, the vessel
month fishing access limit system
is no longer in effect and instead, limits of the total number of participant
vessels are in effect
as well as a limit
to the fishery season applicable to Canadian vessels in U.S. waters
of June 15 through October 31. Canadian troll
vessels fishing in U.S.
waters are limited to 110 per fishing season; U.S. troll
and pole and
line/baitboat
vessels
in Canadian waters are limited to a "level reflective of historical
levels”.
Q. What
Canadian ports are U.S.
albacore fishing vessels allowed to use?
The Canadian ports
that U.S. vessels
fishing under the Treaty may use are Coal
Harbour, Port Hardy, Prince Rupert, Victoria,
Vancouver,
and Ucluelet. Canadian vessels fishing under the treaty in U.S. waters may use the ports of Bellingham and Westport,
Washington; Astoria,
Coos Bay,
and Newport, Oregon;
Eureka, California.
Q. I am not an
albacore fishermen but I transit through Canadian waters to fish in Alaska. How do
the regulations affect me?
The Treaty does not
affect the rights of U.S.
vessels to transit Canadian waters. However, vessels transiting
Canadian waters must hail-in to the Canadian Coast Guard at Tofino.
In addition, you are required to have your gear stowed in an unfishable
condition while you are transiting.
Q. If I am
interested in fishing in Canadian waters, what do I have to do?
U.S. albacore vessels wishing to fish in
Canadian waters must be identified on the U.S. albacore vessel list; mark
their vessels with name and registration number; maintain and submit
logbooks; and report when they enter and leave Canadian waters.
Q. Is a permit
required to participate in the U. S.-Canada Albacore Treaty fishery?
No permit is
required by the Treaty; however, the Pacific Highly Migratory Species
Fishery Management Plan requires that all U.S.
vessels that fish for albacore in the U.S. EEZ along the Pacific coast or
deliver fish to U.S.
ports have a valid HMS vessel permit. In addition, all U.S.
vessels that fish on the high seas are required to have a valid High Seas
Fishing Compliance Act Permit (HSFCA).
Q. How do I
get on the U.S.
albacore list?
The owner of any
albacore fishing vessel who wants that vessel to be on the list of U.S.
vessels eligible to fish for albacore tuna in Canadian waters under the
Treaty must contact NMFS at: (562) 980-4024, FAX: (562) 980-4047, or email
(albacore.fish@noaa.gov) at least seven days prior to the first day
on which any fishing in Canadian waters may begin. The owner must
provide his or her name, address, and phone number where the owner can be
reached, the vessel name, the U.S. Coast Guard documentation number (or
state registration if it is not documented) and vessel operator (if
different from the owner) and his or her address and phone number. NMFS
will then place the vessel on the vessel list. The list is only valid
for a single year.
For
the United States, a
provisional list shall be provided
to Canada
by July 1 and may be
revised during the fishing season.
Q. Can I get
on the list after the season has started?
You may get on the
list after the season starts, but you must allow a minimum of 7 days from
the time you register to the time you begin fishing. The 7-day delay
is necessary to ensure that NMFS has enough time to provide updated information
to Canada.
Q. What kind
of vessel marking is required?
Your vessel must be
clearly marked with its name and documentation (Coast Guard Registration or
State Registration) number. Vessel markings must be clearly visible
both from the air and from a surface vessel. In addition, the letter ‘U’’ must be painted or securely affixed to the
vessel and be positioned at the end of each appearance of the vessel’s
documentation number. The letter should be of the same size and color as
the identification numbers used on the vessel.
Q.
What are the logbook requirements?
Use the logbook you
received with your HMS vessel permit to record all your fishing activities
in U.S. (and Canadian
waters if landing to a U.S.
port). You are also encouraged to record all your fishing activities
in Canadian waters and landings to a Canadian port. Be sure you have a
page for every day you plan to spend in Canadian waters. The logbook
must be submitted to the Southwest
Fisheries Science
Center within 15 days of the end
of a trip regardless of whether the trip ends by reentry to U.S.
waters, entry into other Canadian waters where fishing is not permitted, or
a Canadian port. If you have departed from Canadian waters into the
high seas, the logbook must be submitted within 7 days of your next
landing. If you do not fish in Canadian waters, the logbook
must be submitted within 30 days of the end of the trip.
Q. If I don’t
have a logbook, how do I get one?
To obtain a logbook
contact Mr. Chris Fanning, NMFS Southwest Region, 501 W. Ocean Blvd. #4200,
Long Beach, CA 90802
Chris.Fanning@noaa.gov
(562) 980-4198. You may also download and the copy the logbook at
swr.nmfs.noaa.gov/logbooks.htm.
Q. What are
the border crossing requirements?
Canadian regulations
require U.S.
albacore fishing vessels to file a hail –in report to the Canadian Coast
Guard at Tofino at least 24 hours prior to entering Canadian waters and 72
hours before leaving Canadian waters.
Q. What is the
reporting procedure?
Ways to contact Canadian Coast Guard at Tofino:
VHF channel 26 (within a 60 mile range);
MF channel 2054 (within a 200 mile range);
HF channel 4125 (within a 400 mile range);
Using a satellite phone or cellular phone and dialling
250-726-7716.
Q. What kind
of border crossing information do I have to provide?
You must provide
your vessel name, vessel documentation number, home port, flag state,
Captain’s name, and the date when you plan to enter or leave Canadian
waters. At the end of the call, you will receive a confirmation
number that you should keep on your vessel or have available to refer to in
the event you are questioned either in Canadian waters or in a Canadian
port. The record will demonstrate that you complied with call-in
requirements.
Q. What if I
don’t call in prior to entering Canadian waters?
If you enter
Canadian waters without reporting you will be fishing illegally and may be
arrested and prosecuted either by Canada
and/or the U.S.
Q. What if I
don’t call in before leaving Canadian waters?
If you leave
Canadian waters without reporting you will be in violation of
Canadian
and U.S. regulations and
you may be arrested and prosecuted either by Canada
and/or the U.S.
Q. Will
vessels from Canada
have these same reporting requirements?
Yes, Canadian
vessels will make the same reports to Canadian Coast Guard at Tofino prior
to entering and leaving U.S.
waters.
Q. Does this
reporting procedure replace the current hail report I have made in earlier
years to Canadian officials?
This reporting
procedure replaces hail reports only for vessels operating under the
requirements associated with fishing for albacore under the
Treaty. If you are on a vessel entering Canadian waters from
the West Coast to transit to fish off Alaska, then you will have to report to
Canadian Tofino Coast Guard by radio as required in the past.
Q. How will
NOAA Fisheries and Canada
use these reports?
Both NOAA Fisheries
and the Canadian Department of Fisheries and Oceans will have access to all
report information. Because we will all have access to the same data,
there should be no disagreements about the number of vessels or amount of
fishing done by those vessels in each nation’s waters. Obviously, a
vessel from one nation found fishing in waters of the other nation without having
hailed in to the Canadian Coast Guard is fishing illegally.
Maintaining a record of your confirmation number after you’ve hailed in is
important in the documentation process in the event you are boarded by the
Coast Guard and your fishing activities are questioned.
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