BILATERAL / CANADA
First Update; pages 615-623
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Done at Washington, D.C. 3 February 1995
Entered into force 3 February 1995
Primary source citation: Copy of text provided by the U.S. Department of State
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DEPARTMENT OF STATE WASHINGTON
His Excellency Raymond A. Chretien Ambassador of Canada
Excellency:
I leave the honor to refer to negotiations that have been underway since 1985 on a long-term agreement for the conservation of salmon stocks originating from the Yukon River in Canada.
I have the honor to propose that our two Governments conclude an Interim Agreement incorporating relevant provisions agreed in the negotiations to date in order to allow institutional arrangements to commence functioning while negotiations continue on a long-term agreement which would incorporate the relevant provisions of the Interim Agreement.
To this end, I propose that Annex I to the Treaty between Canada and the United States of America concerning Pacific Salmon, signed at Ottawa on January 28, 1985 ("the Treaty") be amended by adding a new paragraph (d) to establish a Yukon River Panel for salmon originating in the Yukon River. I further propose that Annex IV to the Treaty be amended by adding a new chapter 8 as set forth in Attachment A to this note. Attachment B to this note contains provisions that have been developed in the negotiations to date and that are deferred for the long-term agreement.
(a) this Interim Agreement shall remain in force;
(b) the functions of the Yukon River Panel shall be assumed by a new commission, the "Yukon River Salmon Commission", and the Panel shall thereupon cease to exist;
(c) other provisions of the Treaty, to the extent they apply to the Yukon River, shall remain in effect as part of this Agreement, "mutatis mutandis; and
(d) the Parties shall seek to agree on other measures necessary for the continuation and application of this Agreement.
If this proposal is acceptable to the Government of Canada, I have the further honor to propose that this note, with Attachment A, together with your Excellency's note in reply, shall constitute an Agreement between our two Governments, which will enter into force on the date of your Excellency's note and remain in force until December 31, 1997, unless the Parties agree in writing to extend it. Accept, Excellency, the renewed assurances of my highest consideration.
For the Secretary of State: [Signature]
Attachments: As stated.
"ATTACHMENT A
1. For the purposes of this Chapter,
(a) "Restoration" means returning a wild salmon stock to its natural production level;
(b) "Enhancement" means expanding a wild salmon stock beyond its natural production level;
(c) "Yukon River" means the entire Yukon River drainage in Canada and the United States;
(d) "Yukon River in Canada" means the entire Yukon River drainage in Canada, including the Porcupine River drainage; and
(e) "Mainstem Yukon River in Canada" means the Yukon River drainage in Canada, excluding the Porcupine River drainage.
Administration
2. This Chapter applies to salmon originating in the Yukon River.
3. The Parties shall seek to ensure the effective conservation of stocks originating in the Yukon River. The Parties shall implement agreed research and management programs, as provided for in memoranda of understanding and this Chapter, further develop co-operative research and management programs, and shall identify potential restoration and enhancement opportunities.
4. Article II, paragraphs 7, 8, 18, 19, and 20, Article IV, Article V, Article VII, and Article XIII, paragraph 2, shall not apply to salmon referred to in paragraph 2. With regard to Article XII, for matters related to the Yukon River, the Yukon River Panel shall substitute for the Commission.
5. Subject to the approval of the Parties, the Yukon River Panel shall make such by-laws and procedural rules, for itself, as may be necessary for the exercise of its functions and the conduct of its meetings.
6. Each Party shall designate the responsible management entity for the harvest of salmon referred to in paragraph 2. 7. The Yukon River Panel shall make recommendations to the management entities concerning the conservation and management of salmon originating in the Yukon River in Canada.
8. The responsible management entities shall take into account the proposals of the Yukon River Panel in the adoption of regulations, and shall ensure the enforcement of these regulations.
9. The Parties shall maintain the Yukon River Joint Technical Committee ("JTC") established by paragraph C.2 of the Memorandum of Understanding dated 28 January 1985, reporting to the Yukon River Panel. The JTC shall meet at least once a year to, "inter alia:
(a) assemble and refine information on migratory patterns and the extent of exploitation in fisheries harvesting Yukon River origin salmon;
(b) review existing assessment techniques and investigate new ways for determining total return and escapement and make recommendations on optimum spawning escapement objectives;
(c) examine past and current management regimes and recommend how they may be better formulated to achieve escapement objectives;
(d) exchange information on proposed and existing restoration and enhancement programs, identify restoration and enhancement opportunities and evaluate the management consequences of harvests of restored or enhanced fish;
(e) develop and recommend restoration and enhancement programs to be funded by the Yukon River Salmon Restoration and Enhancement Fund;
(f) monitor and coordinate agreed research programs and recommend research required in order of priority to enable the Parties to effectively implement this Chapter;
(g) evaluate annually the status of Canadian origin chum and chinook salmon stocks and make recommendations for adjustments to the rebuilding programs set out in this Chapter;
(h) use existing procedures and investigate new ways to evaluate progress in rebuilding salmon stocks where necessary;
(i) investigate and recommend stock separation studies that would assist in developing specific fishery management programs for individual salmon stocks;
(j) review and analyze the effectiveness of alternate fishery regulatory measures to satisfy conservation objectives;
(k) submit an annual report to the Yukon River Panel on fishery performance, including harvests and fishing effort of all user groups, fish values made available by either side and biological status of stocks;
(l) review information available on coho salmon originating in the Yukon River, and undertake assessments of such stocks;
(m) report on the condition of salmon habitat and measures to be taken to protect or enhance salmon habitat; and
(n) undertake other assignments as agreed by the Yukon River Panel, which may include analysis of socioeconomic characteristics of the fishery.
10. The Yukon River Panel shall make recommendations to the responsible management entities to coordinate management of the Yukon River fisheries that affect Canadian-origin salmon stocks. These entities shall exchange annual fishery management plans prior to each season. It is understood that coordinated management of coho salmon is not being considered at this time.
Mainstem Yukon River Chum Salmon
11. With respect to chum salmon originating in the Yukon River in Canada, the Parties agree that spawning escapements have declined in recent years and are now substantially below levels necessary to achieve optimum sustained yield. Recognizing the desirability of rebuilding the stock, the Parties shall, through their respective management entities, implement a brood year rebuilding program for the Canadian mainstem chum stock to attain by 2001 the agreed escapement objective of more than 80,000 chum salmon for each brood year. The rebuilding program shall take into account the relative health of the brood years and endeavor to rebuild the stronger brood years in one cycle and the weaker brood years in three cycles in equal increments. The Yukon River Panel shall establish and modify as necessary the escapement objectives based on recommendations of the JTC. 12. During the rebuilding program for the Canadian mainstem chum stock, Canada will endeavor to manage the harvest of chum salmon in the mainstem Yukon River in Canada within a guideline harvest range of 23,600 in years of weak returns and 32,600 in years of strong returns. The United States will endeavor to deliver to the Canadian border on the mainstem Yukon River the number of chum salmon necessary to meet the spawning escapement objective for that year in the rebuilding program, and provide for a Canadian harvest within the agreed Canadian guideline harvest range. For the years 1992-1995, the United States will endeavor to deliver to the Canadian border on the mainstem Yukon River numbers of chum salmon within the following ranges:
1992: 74,600 - 112,600
1993: 74,600 - 112,600
1994: 84,600 - 112,600
1995: 103,600 - 112,600
If spawning escapements from 1992 to 1995 reach the levels anticipated, the United States will, for the remainder of the rebuilding period, endeavor to deliver annually between 88,600 and 112,600 chum salmon to the Canadian border on the mainstem Yukon River. However, if the spawning escapement objective is not achieved for any brood year, the Panel shall establish a new rebuilding program for that brood year to complete the rebuilding program by 2001. 13. During the rebuilding program, for any year when a strong return is anticipated, the Yukon River Panel shall consider recommending a spawning escapement objective substantially above 80,000. If the Panel makes such a recommendation for that year, the United States will endeavor, for that year, to deliver to the Canadian border on the mainstem Yukon River the number of chum salmon necessary to meet the spawning escapement objective recommended by the Panel, plus the Canadian harvest range for the rebuilding program.
14. These arrangements regarding border escapement and Canadian guideline harvest range set out above for the rebuilding period will terminate not later than the end of 2001. 15. The responsible management entities shall consult closely and where possible coordinate pre-season management planning and in-season responses to run assessments. If during pre-season discussion within the Yukon River Panel consideration is being given to not conducting a directed commercial fishery in Alaska because of serious conservation concerns, Canada will also consider taking such a measure. If it is determined in-season that pre-season management measures agreed to by the Panel are insufficient to achieve agreed spawning escapement levels, the Parties agree to consider taking further conservation measures to meet the escapement objectives.
Chinook Salmon
16. With respect to chinook salmon originating in the Yukon River in Canada, the Parties agreed that spawning escapements declined substantially below levels necessary to achieve optimum sustainable yields. Recognizing the desirability of arresting the decline, the Parties agree to a minimum spawning escapement objective of 18,000 for the Canadian mainstem chinook stock for six years beginning in 1990. Recognizing the difficulty of managing selectively Yukon River chinook salmon stocks, the Parties will endeavor to meet the spawning escapement objective. During this six-year period, the Panel shall develop a rebuilding program that will result in optimum sustained yields from the stock and recommend measures to implement this program.
17. During the period of 1990 to 1995 inclusive for the Canadian mainstem chinook stocks, the United States will endeavor to deliver annually between 34,800 and 37,800 chinook salmon to the Canadian border on the mainstem Yukon River and Canada will endeavor to manage the harvest of chinook salmon in the mainstem Yukon River in Canada within a guideline harvest range of 16,800 in years of weak returns and 19,800 in years of strong returns.
18. In years of very strong returns the United States agrees to consider, with a view to increasing, the border escapement in order to allow spawning escapement above the stabilization level.
19. The responsible management entities shall consult closely and where possible coordinate pre-season management planning and in-season responses to run assessments. If during pre-season discussion within the Yukon River Panel, consideration is being given to not conducting a directed commercial fishery in Alaska because of serious conservation concerns, Canada will also consider taking such a measure. If it is determined in-season that pre-season management measures agreed to by the Panel are insufficient to achieve agreed spawning escapement levels, the Parties agree to consider taking further conservation measures to meet the escapement objectives.
Porcupine River
20. The Parties recognize that limited information currently exists for salmon stocks spawned in the Porcupine River drainage in Canada. Information available for the Fishing Branch fall chum salmon stock indicates that spawning escapements for this stock are below interim escapement objectives.
21. The Parties further recognize that the agreed rebuilding program for salmon spawned in the mainstem Yukon River in Canada is expected to contribute increased escapements to Porcupine River stocks.
22. To ensure that maximum benefits accrue to Porcupine River spawning escapements from the rebuilding program for mainstem stocks, the Parties agree:
(a) not to initiate new fisheries on Canadian-origin stocks within the Porcupine River drainage before December 31, 1999; and
(b) if after this period either Party intends to initiate a new fishery on the Porcupine River, that Party shall inform the Yukon River Panel, which shall have the authority to make recommendations for management arrangements to the Parties.
23. The JTC shall compile existing information on the status of Porcupine River salmon stocks and on management and research tools available for management of these stocks. Based on this information, the JTC shall:
(a) advise the Yukon River Panel regarding the status of these stocks and the benefits accruing to Porcupine River salmon spawning escapements from the mainstem rebuilding program;
(b) prepare a range of potential rebuilding options for the Fishing Branch River fall chum salmon, including the option of allowing these stocks to rebuild as a result of the rebuilding program agreed to for the Yukon River mainstem fall chum salmon stock; and
(c) recommend to the Yukon River Panel ways to improve and expand information needed to better manage these stocks for optimum production.
24. Based on information and recommendations provided by the JTC, the Yukon River Panel shall consider making recommendations to the Parties regarding rebuilding, restoration and improved management of these Porcupine River stocks.
General
25. If information becomes available that indicates that the catch records that provided the basis for the Canadian guideline harvest range in paragraphs 12 (Chum Salmon) and 17 (Chinook Salmon) are erroneously low, at Canada's request the Yukon River Panel may recommend increasing the ranges set out in these paragraphs to reflect the adjusted figures for the Aboriginal Fishery and the sport fishery catch.
26. With respect to coho salmon originating in the Yukon River in Canada, the Parties agree that the status of these stocks is not known with certainty.
27. The Parties agree that efforts designed to increase the in-river return of Yukon River origin salmon by reducing the marine catches and by-catches of Yukon River salmon would benefit the status of the Yukon River stocks. The Parties agree to identify, quantify and undertake efforts to reduce these catches and by-catches.
28. The Parties agree that the numbers of Canadian-origin Yukon River salmon in U.S. marine catches are presently unknown.
29. The Parties agree that, in light of their respective receipt of benefits from the salmon originating in their territories:
(a) salmon should be afforded unobstructed access to and from, and use of, existing migration, spawning and rearing habitats;
(b) water quality standards should be maintained and enforced;
(c) it is essential to maintain the productive capacity of the salmon habitat on both sides of the boundary in order to achieve the objectives of this Chapter; and
(d) should access be obstructed, water quality standards be degraded or productive capacity of the salmon habitat be diminished to a degree that affects the objectives of this Chapter, the Panel may recommend corrective actions which may include adjustments to fishing patterns, border escapement objectives and guideline harvest ranges.
30. The Parties agree to endeavor, subject to budgetary limitations, to implement the fisheries research and management programs recommended by the JTC for coordinated management of the Yukon River chinook and chum salmon stocks.
Restoration and Enhancement Fund
31. It is understood that the Parties' implementation of Article III(1)(b) as it pertains to the Yukon River must recognize factors unique to the Yukon River drainage system.
32. The Parties agree that further discussion is required regarding Article III(1)(b) and the percentage of the U.S. harvest of each species of salmon originating in Canadian sections of the river that shall be deemed to be of U.S. origin in order to conclude a long-term agreement. Pending resolution the Parties agree that:
(a) there shall be established a Yukon River Salmon Restoration and Enhancement Fund, hereinafter referred to as "the Fund", to be managed by the Yukon River Panel;
(b) the Fund shall be used for programs and directly associated research and management activities on either side of the border which are based on recommendations by the JTC and are directed at the restoration and enhancement of Canadian origin salmon stocks;
(c) the United States shall seek to provide annually to the Fund by December 31 of each year beginning in 1995 a financial contribution, subject to the availability of appropriated funds. In the event that the annual contribution is not made this agreement shall be suspended until the contribution for that year is made;
(d) the Parties shall assist the Yukon River Panel in the development and implementation of these programs and shall, in particular, provide from their own budgetary resources, essential support as required for programs in their territories;
(e) during rebuilding as specified in this Chapter, unless the Parties jointly decide otherwise on the basis of recommendations by the Yukon River Panel:
(1) the Parties shall endeavor to allow spawning escapements to increase as a result of the fish produced from restoration activities, taking into account the desirability of avoiding disruption of existing fisheries;
(2) the agreed Canadian guideline harvest levels during rebuilding will not change; and
(3) harvest shares for salmon produced by enhancement activities will be recommended by the Yukon River Panel, taking into account the objectives of the rebuilding programs and the desire to avoid disruptions of existing fisheries.
Following the rebuilding period the catch shares for the fish produced through these programs shall be recommended by the Yukon River Panel; and
(f) the Fund shall be open for additional financial contributions from any source.
33. The Parties shall jointly develop and implement policies and procedures for planning, feasibility studies and operational methods. As a first step, the Parties shall undertake comprehensive cooperative regional planning and field surveys for possible salmon restoration and enhancement programs, the results of which shall be provided to the JTC. As part of this planning process, both Parties should incorporate fish genetic and health guidelines developed by the JTC. 34. The Parties understand that the financial contributions to the Fund shall be used for the programs described in Paragraph 32(b) to provide benefits for U.S. and Canadian fishermen on the Yukon River.
Principles and Guidelines for the Restoration and Enhancement Fund
Principles
35. Restoration and enhancement activities shall be consistent with the protection of the existing wild salmon stocks and the habitats upon which they depend.
36. Given the wild nature of the Yukon River and its salmon stocks, and the substantial risks associated with large scale enhancement through artificial propagation, these enhancement activities are inappropriate at this time.
37. Artificial propagation shall not be used as a substitute for effective fishery regulation, stock and habitat management or protection.
Guidelines
38. The priorities for implementing projects with the Fund shall be in this order: (a) restoring habitat and wild stocks; (b) enhancing habitat; and (c) enhancing wild stocks.
39. Careful planning is necessary before undertaking any restoration or enhancement projects that might impact any wild stock. Projects shall be evaluated by the Yukon River Panel based on a Yukon River basin wide stock rebuilding and restoration plan. A careful assessment and inventory of wild stocks and their health, habitat, and life history must be an integral part of restoration and enhancement planning.
40. The most stringent of the fish genetics and fish disease policies in place by the responsible management entity of either Party will be applied to salmon restoration or enhancement projects.
41. The JTC shall develop a standard proposal format and implement a procedure for reviewing project proposals for use of the Fund. The JTC shall also develop and implement standard procedures for evaluating proposals for use of the Fund. When appropriate, the JTC will provide an evaluation of the ecological and genetic risks, and socioeconomic impacts, and will identify alternative actions including but not restricted to fishery management actions. The JTC shall establish levels for restored stocks consistent with natural habitat capacity.
42. Following JTC evaluation of proposed projects, each Party shall provide an opportunity for public comment and review of the proposed projects, along with the JTC evaluation.
43. The Yukon River Panel shall then decide which projects to fund, based on these guidelines, the JTC evaluation and any public comments received.
* * * * * * *
Canadian Embassy Ambassade du Canada
Washington, February 3, 1995
The Honourable Warren M. Christopher Secretary of State of the United States of America Washington
Excellency,
I have the honour to refer to your Note, dated February 3 1995, the text of which reads as follow:
I have the honor to refer to negotiations that have been underway since 1985 on a long-term agreement for the conservation of salmon stocks originating from the Yukon River in Canada.
I have the honor to propose that our two Governments conclude an interim Agreement incorporating relevant provisions agreed in the negotiations to date in order to allow institutional arrangements to commence functioning while negotiations continue on a long-term agreement which would incorporate the relevant provisions of the interim Agreement.
To this end, I propose that Annex I to the Treaty between Canada and the United States of America concerning Pacific Salmon, signed at Ottawa on January 28, 1985 ("the Treaty") be amended by adding a new paragraph (d) to establish a Yukon River Panel for salmon originating in the Yukon River. I further propose that Annex IV to the Treaty be amended by adding a new chapter 8 as set forth in Attachment A to this note. Attachment B to this note contains provisions that have been developed in the negotiations to date and that are deferred for the long-term agreement.
I further propose that in the event that the Treaty terminates prior to the termination of this Interim Agreement:
(a)
this Interim Agreement shall remain in force;
(b)
the functions of the Yukon River Panel shall be assumed by a new commission, the "Yukon River Salmon Commission", and the Panel shall thereupon cease to exist,
(c)
other provisions of the Treaty, to the extent they apply to the Yukon River, shall remain in effect as part of this Agreement, mutatis mutandis; and
(d)
the Parties shall seek to agree on other measures necessary for the continuation and application of this Agreement.
If this proposal is acceptable to the Government of Canada, I have the further honor to propose that this note, with Attachment A, together with your Excellency's note in reply, shall constitute an Agreement between our two Governments, which will enter into force on the date of your Excellency's note and remain in force until December 31, 1997, unless the Parties agree in writing to extend it.
Accept, Excellency, the renewed assurances of my highest consideration.
I have the honour to inform you that the proposals contained in the above note are acceptable to the Government of Canada and to confirm that that Note and the present note in reply, which is equally authentic in English and French, shall constitute an interim agreement between our two Governments for the conservation of salmon stocks originating from the Yukon River in Canada.
Please accept, Excellency, the renewed assurances of my highest consideration.
[Signature] Raymond A. J. Chr'tien Ambassador of Canada