Protocol To The Convention For The Protection, Preservation And Extension Of The Sockeye Salmon Fisheries In The Fraser River System, To Include Pink Salmon In The Fraser River System
Source: TIAS 3867
The Government of the United States of America and the Government of Canada, desiring to coordinate the programs for the conservation of the sockeye and pink salmon stocks of common concern by amendment of the Convention between the United States of America and Canada for the Protection, Preservation and Extension of the Sockeye Salmon Fisheries in the Fraser River System, signed at Washington on the 26th day of May, 1930, hereinafter referred to as the Convention,
Have agreed as follows :
The Convention as amended by the present Protocol shall apply to pink salmon with the following exception:
The understanding stipulated in the Protocol of Exchange of Ratification signed at Washington on the 28th day of July, 1937, which provides that "the Commission shall not promulgate or enforce regulations until 1110 scientific investigations Provided for in the Convention have been made, covering two cycles of sockeye salmon runs, or eight years:" shall not apply to pink salmon.
ARTICLE II
The following words shall be deleted from the first sentence of Article IV of the Convention :
"* * * that when any order is adopted by the Commission limiting or prohibiting taking sockeye salmon in any of the territorial waters or on the High Seas described in paragraph numbered 1 of Article I, such order shall extend to all such territorial waters and High Seas, and, similarly, when in any of the waters of the United States of America embraced in paragraph numbered 2 of Article I, such order shall extend to all such waters of the United States of America, and when in any of the Canadian waters embraced in paragraphs numbered 2 and 3 of Article I. such order shall extend to all such Canadian waters, and provided further * * *."
ARTICLE III
The following paragraph shall be added to Article VI of the Convention:
"All regulations made by the Commission shall be subject to approval of the two Governments with the exception of orders for the adjustment of closing or opening of fishing periods and areas in any fishing season and of emergency orders required to carry out the provisions of the Convention."
ARTICLE: IV
Article VII of the Convention shall be replaced by the following Article :
"The Commission shall regulate the fisheries for sockeye and for pink salmon with a view to allowing, as nearly as practicable, an equal portion of such sockeye salmon as may be caught each year and an equal portion of such pink salmon as may be caught each year to be taken by the fisherman of each Party."
ARTICLE V
Paragraph (3) of the understandings stipulated in the Protocol of Exchange of Ratifications signed at Washington on the 28th day of July 1937, shall he amended to read as follows :
"That the Commission shall set up an Advisory Committee composed of six persons from each country who shall be representatives of the various branches of the industry including, but not limited to, purse seine, gill net, troll, sport fishing and processing, which Advisory Committee shall be invited to all non-executive. meetings of the Commission and shall be given full opportunity to examine and to 1)0 heard on all proposed orders, regulations or recommendations."
ARTICLE VI
1. The Parties shall conduct, a coordinated investigation of pink salmon stocks which enter the waters described in Article I of the Convention for the purpose of determining the migratory movements of such stocks. That part of the investigation to be carried out in the waters described in Article I of the Convention shall be carried out by the Commission.
2. Except with regard to that part of the investigation to be carried out by the Commission, the provisions of Article III of the Convention with respect to the sharing of cost shall not apply to the investigation referred to in this Article.
3. The Parties shall meet in the seventh year after the entry into force of this Protocol to examine the results of the investigation referred to in this Article and to determine what further arrangements for the conservation of pink salmon stocks of common concern may be desirable.
ARTICLE VII
Nothing in the Convention or this Protocol shall preclude the Commission from recording such information on stocks of salmon other than sockeye or pink salmon as it may acquire incidental to its activities with respect to sockeye and pink salmon.
ARTICLE VIII
The present Protocol shall be ratified and the exchange of the instruments of ratification shall take place in Ottawa as soon as possible. It shall come into force on the day of the exchange of the instruments of ratification.
IN WITNESS WHEREOF the undersigned, duly authorized by their respective Governments, have signed this Protocol and have affixed thereto their seals.
Done in duplicate at Ottawa this 28th day of December, 1956.
For the Government of the United States of America.:
LIVINGSTON H. MERCHANT.
WM. C. HERRINGTON
For the Government of Canada:
JAMES SINCLAIR
