The Canadian Way of Diplomatic Use of Fridays and the Week-Ends in the "Turbot War"

1. Friday, the 20th of May 1994:

Lunch at the Residence of the EU Delegate of the Commission, Mr. Beck, with the Honorable Minister Mr. Brian Tobin. Among many other issues, the "main course" was the Portuguese and Spanish flags-of-convenience, besides some net sizes, immaturity, maturity and maquettes of a variety of fish samples from Mr. Tobin's private collection.

Hearing for the first time his plain and impertinent language, the Ambassador of Spain pressed the Honorable Mr. Tobin to produce the evidence of the many unfounded accusations against his fishermen.

Four days later, the following letter was received, dated May the 24th, 1994, from Mr. Tobin including a list of vessels fishing in the NAFO Regulatory Area with NOT ONE SINGLE case of Spanish flag-of-convenience vessel.

May 24, 1994

Ambassador Dr. José Luis Pardos
Embassy of the Kingdom of Spain
350 Sparks Street
Suite, 802
Ottawa, Ontario
K1R 7S8

Your Excellency:

As I promised at lunch on May 20 attached is a list of flag-of-convenience vessels fishing in the NAFO Regulatory Area outside 200 miles as of May 16.

In addition, also attached is a list of the number of NAFO member vessels currently fishing groundfish outside 200 miles in the NAFO Regulatory Area.

Sincerely,

Brian Tobin
Minister of Fisheries and Oceans


Attachments: (2)

c.c:
Ambassador John R. Beck
Delegation of the Commission
of the European Communities

Ambassador Fernando Manuel da Silva Marques
Embassy of the Portuguese Republic

                          Flag of Convenience Vessels
                           Week Ending May 16, 1994
 
                                                    Probable    
                Vessel                  Probable    Master      Crew
    Nation      Name              Area  Ownership   Nationality Nationality
    =======================================================================
    Belize      Cidade de Aveiro    3O  European    Portuguese  Portuguese
    -----------------------------------------------------------------------
    Cayman Is.  Pict                3O  European    Spanish     Russian
    -----------------------------------------------------------------------
    Honduras    Espadarte           3M  European    Portuguese  Portuguese
                Gadas               3M  European    Portuguese  Portuguese
                Danica              3M  Asian       Korean      Asian
                Thunnus             3M  European    Portuguese  Portuguese
    -----------------------------------------------------------------------
    Panama      Amazones            3O  European    Portuguese  Portuguese
                MobyDick            3N  Asian       Korean      Chinese
                Leone               3O  European    Portuguese  Portuguese
                Porto Santo         3O  European    Portuguese  Portuguese
    -----------------------------------------------------------------------
    S. Leone    St. Thomas          3N  European    Korean      Asian
    -----------------------------------------------------------------------
    St. Vincent Arnarnes            3M  Scandic     Scandic     Scandic
    =======================================================================

2. Friday, 27th of May, 1994:

Meeting with Mrs. MaCallion, Director General for Europe, at her request, in the Ministry of Foreign Affairs, to ease tension aroused in this encounter with the Honorable Minister Brian Tobin while having lunch at the EU Delegation Residence.

3. Friday, 21st of October, 1994:

Minister Tobin calls the Ambassador of Germany representing the Presidency, and the Ambassadors of Spain and Portugal and the Delegate of the Commission to summon, the Spanish and the Portuguese ships as infractors of the Canadian Law to his ports, for immediate inspection. Inadmissable proposal, even before making it.

The following AIDE MEMOIRE was distributed at that meeting:

Canada, in the context of the multilateral obligations of all Contracting Parties to the Northwest Atlantic Fisheries Organization, has made the European Union and the Portuguese and Spanish authorities aware of certain suspected infractions of NAFO Conservation and Enforcement Measures and requested that immediate action be taken to follow-up on these communications.

Canadian authorities stress the need for immediate action to address these activities in the NAFO Regulatory Area and, desiring to obtain cooperation to have the multilateral decisions of the NAFO respected, are prepared to assist the European Union in its efforts to curtail fishing by its vessels in contravention of the conservation rules established by NAFO.

The Canadian authorities accordingly request that: the vessels listed in the attachment be ordered into port immediately for inspection; and to minimize the possibility of dumping at sea, transhipping at sea or landing in a third country to offload in order to eliminate any evidence, these vessels be ordered to the nearest port - in Canada or St. Pierre et Miquelon - and enforcement officials authorized by the flag state be sent to conduct full inspections.

Canada is prepared to assist by providing its ports and any necessary facilities and personnel for such inspections.

The Canadian authorities note that if a Canadian vessel were found in similar circumstances it would be immediately ordered into port for dockside inspection and charges laid if warranted.

The Government of Canada requests an early response.

-- Ottawa, October 25, 1994.