# Halibut Treaty

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1923 treaty between Canada and the United States

The **Halibut Treaty** was a 1923 [Canadian](/source/Canada)–[American](/source/United_States) agreement concerning fishing rights in the northern [Pacific Ocean](/source/Pacific_Ocean). The treaty established the [International Pacific Halibut Commission](/source/International_Pacific_Halibut_Commission) (IPHC) as a mechanism for the joint management of the Pacific [halibut](/source/Halibut) (*[Hippoglossus stenolepis](/source/Hippoglossus_stenolepis)*) which, at that time, was in severe decline. The commission originally had four members but now has six, which are selected from industry and related government agencies. Half the members are Canadian and half are from the United States. The treaty also had a provision for a closed season, so halibut could not be fished during the more dangerous winter months. The treaty has been revised numerous times, often based on recommendations from the IPHC and its team of scientific researchers.

## Background

In 1907, Canada began to negotiate its own commercial treaties. Prior to that, treaties had been negotiated on behalf of the Canadian government by the British government in [London](/source/London). However, those treaties negotiated since 1907 had all been signed into agreement by the British ambassador to Canada.[1] In 1916, the [British Columbia](/source/British_Columbia) government was informed that [halibut](/source/Halibut) stocks were declining in the [North Pacific Ocean](/source/North_Pacific_Ocean).[2][3] Large scale halibut fishing began after the opening of the [Northern Pacific Railway](/source/Northern_Pacific_Railway) to the Canadian [Pacific Coast](/source/British_Columbia_Coast) which allowed the transportation and sale of halibut in [Eastern Canada](/source/Eastern_Canada).[3] During [World War I](/source/World_War_I) there was increasing cooperation between Canada and United States on trade issues. During the war, the value of halibut increased. Following the war in 1919, the United States and Canada agreed on a closed-season treaty that also included provisions for [salmon](/source/Salmon) fishing. The treaty failed to reach the [United States Senate](/source/United_States_Senate) for approval.[2]

The Canadian Prime Minister, [William Lyon Mackenzie King](/source/William_Lyon_Mackenzie_King), held the belief that only Canada through [Parliament](/source/Parliament_of_Canada) would determine its role within the [British Empire](/source/British_Empire). After negotiations over the [Rush–Bagot Treaty](/source/Rush%E2%80%93Bagot_Treaty) failed due to British involvement, King intended to push for greater Canadian autonomy.[4][5] King faced resistance to the treaty from the [British Foreign Office](/source/Secretary_of_State_for_Foreign_and_Commonwealth_Affairs).[6] In 1921–22 some in the American halibut industry operated under a voluntary closed season.[2]

## 1922 proposal

In 1922, Canada proposed a treaty that dealt only with halibut. Named, the *Convention for the Preservation of Halibut Fishery of the Northern Pacific Ocean*, this treaty created the International Fisheries Commission (IFC), which was initially intended just as a study institute, not for management.[2][3] The treaty was birthed from Article VII of the previous salmon and halibut treaty.[7] The treaty proposed a season closed to commercial fishing from 16 November to 15 February. Those that were caught during this period faced penalties up to and including seizure.[3] By the 1920s, halibut stocks were noticeably lower to all parties and in 1923, the treaty was ratified by the [United States Congress](/source/United_States_Congress) in 1923. The treaty went into effect in 1927.[2]

In a break with standard empire practice at the time, in March 1923 King demanded to sign the treaty alone, without a British countersignature. The British initially refused but relented when King threatened to send an independent Canadian diplomatic representative to [Washington, D.C.](/source/Washington%2C_D.C.)[5][8] The treaty was signed by [Ernest Lapointe](/source/Ernest_Lapointe), the Canadian [Minister of Marine and Fisheries](/source/Minister_of_Marine_and_Fisheries) and [Charles Evans Hughes](/source/Charles_Evans_Hughes), the [United States Secretary of State](/source/United_States_Secretary_of_State) on 23 March and intended to last five years.[3][5]

## Result

It was the first treaty negotiated by and signed only by Canada, independent of Britain. The British had relented as King's intention to send a delegation to Washington, D.C. would have bypassed British authority.[3] The British had argued correctly, that what Canada had done had been illegal.[9] However, at the 1923 [Imperial Conference](/source/Imperial_Conference) the British believed the Halibut Treaty set a new precedent for the role of the British Dominions, which had emerged following a series of events, among them the [Chanak Crisis](/source/Chanak_Crisis).[10]

The ratification of the treaty paved the way for further British colony independence, including the [Balfour Declaration](/source/Balfour_Declaration_1926) at the Imperial Conference in 1926, which recognized that British Dominions were "autonomous communities within the British Empire, equal in status, in no way subordinate", and finally the [Statute of Westminster](/source/Statute_of_Westminster_1931) in 1931 which repealed the [Colonial Laws Validity Act 1865](/source/Colonial_Laws_Validity_Act_1865) and removed the last vestiges of the ability of the British government to create law which applied to its former colonies.[3][11]

The lack of regulatory powers given to the IFC led to a continued decrease in halibut stocks.[3] In 1930, the commission was expanded to include regulatory powers in a second convention.[2] The treaty was reviewed and amended further in 1937, 1953 with a protocol created in 1979. The IFC was renamed the International Pacific Halibut Commission and expanded to six members.[3] Following the emergence of the [Quebec sovereignty movement](/source/Quebec_sovereignty_movement), the Halibut Treaty was put forward as a method to be used by the [provincial government of Quebec](/source/Quebec) to earn independence from Canada.[12][*[further explanation needed](https://en.wikipedia.org/wiki/Wikipedia:Please_clarify)*]

## Citations

1. **[^](#cite_ref-FOOTNOTEMacFarlane199951_1-0)** [MacFarlane 1999](#CITEREFMacFarlane1999), p. 51.

1. ^ [***a***](#cite_ref-FOOTNOTECrutchfieldZellner2010187_2-0) [***b***](#cite_ref-FOOTNOTECrutchfieldZellner2010187_2-1) [***c***](#cite_ref-FOOTNOTECrutchfieldZellner2010187_2-2) [***d***](#cite_ref-FOOTNOTECrutchfieldZellner2010187_2-3) [***e***](#cite_ref-FOOTNOTECrutchfieldZellner2010187_2-4) [***f***](#cite_ref-FOOTNOTECrutchfieldZellner2010187_2-5) [Crutchfield & Zellner 2010](#CITEREFCrutchfieldZellner2010), p. 187.

1. ^ [***a***](#cite_ref-FOOTNOTEThe_Canadian_Encyclopedia_3-0) [***b***](#cite_ref-FOOTNOTEThe_Canadian_Encyclopedia_3-1) [***c***](#cite_ref-FOOTNOTEThe_Canadian_Encyclopedia_3-2) [***d***](#cite_ref-FOOTNOTEThe_Canadian_Encyclopedia_3-3) [***e***](#cite_ref-FOOTNOTEThe_Canadian_Encyclopedia_3-4) [***f***](#cite_ref-FOOTNOTEThe_Canadian_Encyclopedia_3-5) [***g***](#cite_ref-FOOTNOTEThe_Canadian_Encyclopedia_3-6) [***h***](#cite_ref-FOOTNOTEThe_Canadian_Encyclopedia_3-7) [***i***](#cite_ref-FOOTNOTEThe_Canadian_Encyclopedia_3-8) [The Canadian Encyclopedia](#CITEREFThe_Canadian_Encyclopedia).

1. **[^](#cite_ref-FOOTNOTELevine2012132_4-0)** [Levine 2012](#CITEREFLevine2012), p. 132.

1. ^ [***a***](#cite_ref-FOOTNOTEHillmerGranatstein199486_5-0) [***b***](#cite_ref-FOOTNOTEHillmerGranatstein199486_5-1) [***c***](#cite_ref-FOOTNOTEHillmerGranatstein199486_5-2) [Hillmer & Granatstein 1994](#CITEREFHillmerGranatstein1994), p. 86.

1. **[^](#cite_ref-FOOTNOTEMacFarlane199952_6-0)** [MacFarlane 1999](#CITEREFMacFarlane1999), p. 52.

1. **[^](#cite_ref-FOOTNOTEStacey1981Chapter_Two_7-0)** [Stacey 1981](#CITEREFStacey1981), pp. Chapter Two.

1. **[^](#cite_ref-FOOTNOTELevine2012132–133_8-0)** [Levine 2012](#CITEREFLevine2012), pp. 132–133.

1. **[^](#cite_ref-FOOTNOTEHolloway2006125–26_9-0)** [Holloway 2006](#CITEREFHolloway2006), pp. 125–26.

1. **[^](#cite_ref-FOOTNOTEHillmerGranatstein199487,_95_10-0)** [Hillmer & Granatstein 1994](#CITEREFHillmerGranatstein1994), pp. 87, 95.

1. **[^](#cite_ref-FOOTNOTEHolloway2006126_11-0)** [Holloway 2006](#CITEREFHolloway2006), p. 126.

1. **[^](#cite_ref-FOOTNOTEHillmerGranatstein1994282_12-0)** [Hillmer & Granatstein 1994](#CITEREFHillmerGranatstein1994), p. 282.

## Sources

- Crutchfield, James A.; Zellner, Arnold, eds. (2010). [*The Economics of Marine Resources and Conservation Policy: The Pacific Halibut Case Study With Commentary*](https://archive.org/details/economicsofmarin0000unse). Chicago, Illinois: The University of Chicago Press. [ISBN](/source/ISBN_(identifier)) [978-0-226-12194-9](https://en.wikipedia.org/wiki/Special:BookSources/978-0-226-12194-9).

- Hillmer, Norman & Granatstein, J. L. (1994). *Empire to Umpire*. Toronto: Irwin Publishing. [ISBN](/source/ISBN_(identifier)) [0-7730-5439-1](https://en.wikipedia.org/wiki/Special:BookSources/0-7730-5439-1).

- Holloway, Steven Kendall (2006). *Canadian Foreign Policy: Defining the National Interest*. Peterborough, Ontario: Broadview Press. [ISBN](/source/ISBN_(identifier)) [1-55111-816-5](https://en.wikipedia.org/wiki/Special:BookSources/1-55111-816-5).

- Levine, Allan (2012) [2011]. *King*. London: Biteback Publishing. [ISBN](/source/ISBN_(identifier)) [978-184954-292-0](https://en.wikipedia.org/wiki/Special:BookSources/978-184954-292-0).

- MacFarlane, John (1999). [*Ernest Lapointe and Quebec's Influence on Canadian Foreign Policy*](https://archive.org/details/ernestlapointequ0000macf). Toronto: University of Toronto Press. [ISBN](/source/ISBN_(identifier)) [0-8020-4487-5](https://en.wikipedia.org/wiki/Special:BookSources/0-8020-4487-5).

- Stacey, C.P. (1981). *Canada and the Age of Conflict: Volume 2: 1921–1948 The Mackenzie King Era*. Toronto: University of Toronto Press. [ISBN](/source/ISBN_(identifier)) [0-8020-2397-5](https://en.wikipedia.org/wiki/Special:BookSources/0-8020-2397-5).

- ["Halibut Treaty"](https://www.thecanadianencyclopedia.ca/en/article/halibut-treaty/). *The Canadian Encyclopedia*. Historica Canada. Retrieved 30 January 2018.

v t e William Lyon Mackenzie King 10th Prime Minister of Canada (1921–1926, 1926–1930, 1935–1948) Leader of the Liberal Party of Canada (1919–1948) Leader of the Opposition (1919–1921, 1926, 1926–1930) Minister of Labour (1909–1911) MP for Waterloo North (1908–1911) MP for Prince (1919–1921) MP for York North (1921–1925) MP for Prince Albert (1926–1945) MP for Glengarry (1945–1949) Premierships First Cabinet: 12th Canadian Ministry Parliaments 14th Parliament 15th Parliament Chanak crisis Chinese Immigration Act, 1923 Halibut Treaty 1923 Imperial Conference King–Byng affair and resignation Second Cabinet: 14th Canadian Ministry 16th Parliament 1926 Imperial Conference Balfour Declaration of 1926 Great Depression Beauharnois scandal Third Cabinet: 16th Canadian Ministry Parliaments 18th Parliament 19th Parliament 20th Parliament 1937 Imperial Conference Nationalization of the Bank of Canada MS St. Louis controversy Canada in World War II Declaration of war on Germany War Measures Act Internment of Italian Canadians Internment of Japanese Canadians 1942 Canadian conscription plebiscite Conscription Crisis of 1944 Terrace mutiny 1944 Commonwealth Prime Ministers' Conference 1946 Commonwealth Prime Ministers' Conference 1948 Commonwealth Prime Ministers' Conference Minister of labour Cabinet: 8th Canadian Ministry (Laurier) Industrial Disputes Investigation Act Combines Investigation Act Elections 1919 Liberal leadership convention 1921 federal election 1925 federal election 1926 federal election 1930 federal election 1935 federal election 1940 federal election 1945 federal election Family William Lyon Mackenzie (grandfather) Related Residences Woodside National Historic Site 331 Somerset Street The Farm Canadian fifty-dollar note Mackenzie King Bridge The Twentieth Century (film)

v t e Warren G. Harding 29th President of the United States (1921–1923) 28th Lieutenant Governor of Ohio (1904–1906) Life Harding Home Harding Tomb The Marion Star Electoral history of Warren G. Harding 1914 United States Senate election in Ohio 1920 United States presidential election Front porch campaign transition 1920 Republican National Convention Presidency (timeline) Inauguration of Warren G. Harding Washington Naval Conference Recession of 1920–1921 Halibut Treaty Agricultural Appropriation Act of 1923 Budget and Accounting Act Bureau of the Budget General Accounting Office Cable Act Capper–Volstead Act Dyer Anti-Lynching Bill Emergency Quota Act Emergency Tariff of 1921 Federal Aid Highway Act of 1921 Future Trading Act Fordney–McCumber Tariff Grain Futures Act Great Railroad Strike of 1922 Knox–Porter Resolution Revenue Act of 1921 Sheppard–Towner Act Veterans Administration Willis Graham Act Executive actions Federal judges appointed Supreme Court candidates Harding Railroad Car Voyage of Understanding Teapot Dome scandal Public image The President's Daughter Cultural depictions of Warren G. Harding List of memorials to Warren G. Harding Warren G. Harding Presidential Center Historical reputation of Warren G. Harding Family Florence Harding (wife) Elizabeth Ann Blaesing (daughter) George Tryon Harding (father) Carolyn Harding Votaw (sister) Nan Britton (mistress) Laddie Boy (pet dog) Related The Superb railway car The President tree ← Woodrow Wilson Calvin Coolidge → Category

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Adapted from the Wikipedia article [Halibut Treaty](https://en.wikipedia.org/wiki/Halibut_Treaty) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Halibut_Treaty?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.
