Treaty Between The Government Of Canada And The Government Of The United States Of America Concerning Pacific Salmon
Source: Unofficial
MEMORANDUM OF UNDERSTANDING
The Government of the United States of America and the Government of Canada,
Considering the interests of both Parties in the conservation and rational management of Pacific salmon stocks and in the promotion of optimum production of such stocks;
Recognizing that States in whose waters salmon stocks originate have the primary interest in and responsibility for such stocks;
Recognizing that salmon originating in the waters of each Party are intercepted in substantial numbers by the nationals and vessels of the other Party, and that the management of stocks subject to interception is a matter of common concern;
Desiring to cooperate in the management, research and enhancement of Pacific salmon stocks;
Have agreed as follows:
Article I Definitions
As used in this Treaty,
1. "enhancement" means man-made improvements to natural habitats or application of artificial fish culture technology that will lead to the increase of salmon stocks;
2. "fishery" means the activity of harvesting or seeking to harvest salmon;
3. "fishery regimes" means the fishing limitations and arrangements adopted by the Parties pursuant to Article IV, paragraph 6.
4. "interception" means the harvesting of salmon originating in the waters of one Party by a fishery of the other Party;
5. "overfishing" means fishing patterns which result in escapements significantly less than those required to produce maximum sustainable yields;
6. "stocks subject to this Treaty" means Pacific salmon stocks which originate in the waters of one Party and
(a) are subject to interception by the other Party; (b) affect the management of stocks of the other Party; or (c) affect biologically the stocks of the other Party; and "transboundary river" means a river that rises in Canada and flows to the sea through the United States.
Article II Commission and Panels
1. The Parties shall establish a Pacific Salmon Commission, hereinafter referred to as "the Commission" to be composed of two national sections, a Canadian Section and a United States Section.
2. The Commission shall have legal personality and shall enjoy in its relations with other organizations and in the territories of the Parties such legal capacity as may be necessary to perform its functions and achieve its ends. The immunities and privileges which the Commission and its officers shall enjoy in the territory of a Party shall be subject to agreement between the Commission and the Party concerned.
3. The Commission shall consist of not more than eight Commissioners, of whom not more than four shall be appointed by each Party. Each Party may also appoint not more than four alternate Commissioners, to serve in the absence of any Commissioner appointed by that Party.
4. The Commissioners and alternate Commissioners shall hold office at the pleasure of the Party by which they were appointed.
5. At the first meeting of the Commission one section shall select from its members a Commission Chairman, and the other section shall selected from its members a Vice-Chairman, each of whom shall hold office for the calendar year in which the Treaty enters into force and for such portion of the subsequent year as the Commission may determine. Thereafter the Chairman and Vice-Chairman shall hold office for a term of twelve months and shall be selected by their respective sections. The section which selects the first Chairman shall be determined by lot and thereafter the offices of the Chairman and Vice-Chairman shall alternate between the sections. If either officer becomes vacant before the end of a term, the appropriate section shall select a replacement for the remainder of the term.
6. Each section shall have one vote in the Commission. A decision or recommendation of the Commission shall be made only with the approval of both sections.
7. Subject to the approval of the Parties, the Commission shall make such by-laws and procedural rules, for itself, for the Panels established pursuant to paragraph 18, and for the committees established pursuant to paragraph 17, as may be necessary for the exercise of their functions and the conduct of their meetings.
8. The Commission may make recommendations to or advise the Parties on any matter relating to the Treaty.
9. Unless otherwise agreed by the Parties, the seat of the Commission shall be at New Westminster, British Columbia.
10. The Commission shall hold an annual meeting and may hold other meetings at the request of the Chairman or of either Party. The Chairman shall notify the Commissioners of the time and place of meetings. Meetings may be held at the seat of the Commission or at such other place as may be determined in accordance with the by-laws and procedural rules of the Commission.
11. Each Party shall pay the expenses of its own section.
12. The Commission shall prepare an annual budget of joint expenses and submit it to the Parties for approval. The Parties shall bear the costs of the budget in equal shares unless otherwise agreed, and shall pay their shares as the by-laws may specify after the budget has been approved by both Parties.
13. The Commission shall authorize the disbursement of funds contributed by the Parties pursuant to paragraph 12, and may enter into contracts and acquire property necessary for the performance of its functions.
14. The Commission shall submit to the Parties an annual report on its activities and an annual financial statement.
15. The Commission shall appoint an Executive Secretary, who, subject to the supervision of the Commission, shall be responsible for the general administration of the Commission.
16. The Commission may engage staff or authorize the Executive Secretary to do so. The Executive Secretary shall have full authority over the staff subject to the direction of the Commission. If the office of the Executive Secretary is vacant the Commission shall determine who shall exercise that authority.
17. The Commission shall establish a Committee on Research and Statistics and a Committee on Finance and Administration. The Commission may eliminate or establish committees as appropriate.
18. The Commission shall establish Panels as specified in Annex I. The Commission may recommend to the Parties the elimination or establishment of Panels as appropriate.
19. The Panels shall provide information and make recommendations to the Commission with respect to the functions of the Commission and carry out such other functions as the Treaty may specify or as the Commission may direct.
20. In cases where fisheries intercept stocks for which more than one Panel is responsible, the appropriate Panels shall meet jointly to carry out the functions specified in paragraph 19. If the Panels cannot agree, each may make an independent report to the Commission.
21. Each Panel shall consist of not more than six members from each Party. Each Party may designate alternate Panel members to serve in the absence of any Panel member appointed by that Party.
Except as otherwise provided in the Treaty, paragraphs 4, 5, 6, 10 and 11 apply, mutatis mutandis, to each Panel.
Article III Principles
1. With respect to stocks subject to this Treaty, each Party shall conduct its fisheries and its salmon enhancement programs so as to:
(a) prevent overfishing and provide for optimum production; and
(b) provide for each Party to receive benefits equivalent to the production of salmon originating in its waters.
2. In fulfilling their obligations pursuant to paragraph 1, the Parties shall cooperate in management, research and enhancement.
3. In fulfilling their obligations pursuant to paragraph 1, the Parties shall take into account:
(a) the desirability in most cases of reducing interceptions;
(b) the desirability in most cases of avoiding undue disruption of existing fisheries; and
(c) annual variations in abundance of the stocks.
Article IV Conduct of fisheries
In order to facilitate the implementation of Articles III, VI and VII:
1. Each Party shall submit an annual report on its fishing activities in the previous year to the other Party and to the Commission. The Commission shall forward the reports to the appropriate Panels.
2. The Panels shall consider the reports submitted pursuant to paragraph 1 and shall provide their views to the Commission. The Commission shall review the reports of the Panels and shall provide its views to the Parties.
3. Each year the State of origin shall submit preliminary information for the ensuing year to the other Party and to the Commission, including:
(a) the estimated size of the run;
(b) the interrelationship between stocks;
(c) the spawning escapement required;
(d) the estimated total allowable catch;
(e) its intentions concerning management of fisheries in its own waters; and
(f) its domestic allocation objectives whenever appropriate.
The Commission shall forward this information to the appropriate Panels.
4. The Panels shall examine the information submitted pursuant to paragraph 3 and report their views to the Commission with respect to fishery regimes for the following year.
5. The Commission shall review the reports of the Panels and shall recommend fishery regimes to the Parties.
6. On adoption by both Parties, the fishery regimes referred to in paragraph 5 shall be attached to this Treaty as Annex IV.
Each Party shall establish and enforce regulations to implement the fishery regimes adopted by the Parties. Each Party, in a manner to be determined by the Commission, shall notify the Commission and other Party of these regulations and shall promptly communicate to the Commission and to the other Party any in-season modification.
Article V Salmon Enhancement Programs
1. Salmon enhancement programs that may be established by the Parties shall be conducted subject to the provisions of Article III.
2. Each year each Party shall provide to the other Party and to the Commission information pertaining, inter alia, to:
(a) operations of an plans for existing projects; (b) plans for new projects; and (c) its views concerning the other Party's salmon enhancement projects.
The Commission shall forward this information to the appropriate Panels.
3. The Panels shall examine the information and report their views to the Commission in light of the obligations set forth in Article III. The Commission shall review the reports of the Panels and may make recommendations to the Parties.
Article VI Fraser River
1. This Article applies to Fraser River sockeye and pink salmon harvested in the area specified in Annex II.
2. Notwithstanding the provisions of Article IV, paragraph 7, on adoption by the Parties of the fishery regime for the stocks covered by this Article, the Fraser River Panel shall propose regulations to the Commission for the harvest of salmon referred to in paragraph 1.
3. The Fraser River Panel shall review with other appropriate Panels the fishery regimes and the information provided pursuant to Article IV, paragraph 3, with respect to salmon other than Fraser River sockeye and pink salmon before proposing regulations pursuant to paragraph 2. The Fraser River Panel and the Commission shall ensure that regulatory proposals and recommendations, to the extent practicable, meet the requirements of the Parties with respect to the management of stocks other than Fraser River sockeye and pink salmon.
4. In implementing this Article, the Fraser River Panel and the Commission shall take into account and seek consistency with existing aboriginal rights, rights established in existing Indian treaties and domestic allocation objectives.
5. On the basis of the proposals made by the Panel, the Commission shall recommend regulations to the Parties for approval. The Parties shall review the recommendations for, inter alia, consistency with domestic legal obligations. The regulations shall become effective upon approval by the Party in whose waters such regulations are applicable.
6. During the fishing season, the Fraser River Panel may make orders for the adjustment of fishing times and areas stipulated in the annual regulations in response to variations in anticipated conditions. The Parties shall review the orders for consistency with domestic legal obligations. The Parties shall give effect to such orders in accordance with their respective laws and procedures.
7. The Parties shall not regulate their fisheries in areas outside the area specified in Annex II in a manner that would prevent achievement of the objectives of the fishery regime for the salmon referred to in paragraph 1.
Article VII Transboundary rivers
1. This Article applies to salmon originating in transboundary rivers.
2. Notwithstanding Article IV, paragraph 3(c), whenever salmon originate in the Canadian portion of a transboundary river, the appropriate Panel shall provide its views to the Commission on the spawning escapement to be provided for all the salmon stocks of the river if either section of the Panel so requests.
3. On the basis of the views provided by the Panel pursuant to paragraph 2, the Commission shall recommend spawning escapements to the Parties.
4. Whenever salmon originate in the Canadian portions of transboundary rivers, or would originate there as a result of enhancement projects, salmon enhancement projects on the transboundary river shall be undertaken co-operatively, provided, however, that either Party, with the consent of the Commission may separately undertaken salmon enhancement projects on the transboundary rivers.
Article VIII Yukon River
1. Notwithstanding Articles III, paragraph 1(b), and VII, arrangements for consultation, recommendation of escapement targets and approval of enhancement activities on the Yukon River require further development to take into account the unique characteristics of that River.
2. The Parties consider it important to ensure effective conservation of stocks originating in the Yukon River and to explore the development of co-operative research and identification of potential enhancement opportunities.
3. The Parties shall initiate in 1985, and conclude, as soon as possible, negotiations to, inter alia.
(a) Account for United States harvests of salmon originating in the Canadian section of the River; (b) develop co-operative management procedures taking into account United States management programs for stocks originating in the United States section of the River; (c) consider co-operative research programs, enhancement opportunities, and exchanges of biological data; and (d) develop an organizational structure to deal with Yukon River issues.
4. Prior to the entry into force of this Treaty, the Parties shall agree upon:
(a) the range within which the accounting of United States interceptions referred to in paragraph 3(a) shall be established; (b) arrangements for exchange of available data on the stocks; and (c) proposals for research.
Article IX Steelhead
In fulfilling their functions, the Panels and Commission shall take into account the conservation of steelhead.
Article X Research
1. The Parties shall conduct research to investigate the migratory and exploitation patterns, the productivity and the status of stocks of common concern and the extent of interceptions.
2. The Commission may make recommendations to the Parties regarding the conduct and coordination of research.
3. Subject to normal requirements, each Party shall allow nationals, equipment and vessels of the other Party conducting research approved by the Commission to have access to its waters for the purpose of carrying out such research.
Article XI Domestic allocation
1. This Treaty shall not be interpreted or applied so as to affect or modify existing aboriginal rights or rights established in existing Indian treaties and other existing federal laws.
2. This Article shall not be interpreted or applied so as to affect or modify any rights or obligations of the Parties pursuant to other Articles and Annexes to this Treaty.
Article XII Technical dispute settlement
1. Either Party may submit to the Chairman of the Commission, for referral to a Technical Dispute Settlement Board, any dispute concerning estimates of the extent of salmon interceptions and data related to questions of overfishing. The Commission may submit other technical matters to the Chairman for referral to a Board. The Board shall be established and shall function in accordance with the provisions of Annex III. The Board shall make findings of fact on the disputes and the other technical matters referred to it.
2. The findings of the Board shall be final and without appeal, except as provided in paragraph 3, and shall be accepted by the Commission as the best scientific information available.
3. Either Party may, by application in writing to the Chairman of the Commission, request reconsideration of a finding of a Board, provided that such request is based on information not previously considered by the Board and not previously known to or reasonable discoverable by the Party requesting such reconsideration. The Chairman shall, if possible, refer the request to the Board which made the finding. Otherwise, the Chairman shall refer the request to a new Board constituted in accordance with the provisions of Annex III.
Article XIII Annexes
1. All references to this Treaty shall be understood to include the Annexes.
2. The Commission, whenever appropriate, shall review the Annexes and may make recommendations to the Parties for their amendment.
3. The Annexes may be amended by the Parties through an Exchange of Notes between the Government of Canada and the Government of the United States of America.
4. The Commission shall publish the texts of the Annexes whenever amended.
Article XIV Implementation
Each Party shall:
(a) enact and enforce such legislation as may be necessary to implement this Treaty; (b) require reports from its nationals and vessels of catch, effort and related data for all stocks subject to this Treaty and make such data available to the Commission; and (c) exchange fisheries statistics and any other relevant information on a current and regular basis in order to facilitate the implementation of this Treaty.
Article XV Entry into force and termination of Treaty
1. This Treaty is subject to ratification. It shall enter into force upon the exchange of instruments of ratification at ___________________________________________.
2. At the end of the third year after entry into force and at any time thereafter, either Party may give notice of its intention to terminate this Treaty. The Treaty shall terminate one year after notification.
3. Upon the entry into force of this Treaty, the Convention between Canada and the United States of America for the Protection, Preservation and Extension of the Sockeye Salmon Fishery in the Fraser River System, as amended, signed May 26, 1930, shall be terminated. However, the International Pacific Salmon Fisheries Commission shall continue to function insofar as is necessary to implement Annex IV Chapter 4, paragraph (1) (c). Following the termination of the Convention, the transfer of responsibilities from the International Pacific Salmon Fisheries Commission to the Commission, the Fraser River Panel and the Government of Canada shall be as agreed by the Parties.
Annex I PANELS
The following panels shall be established pursuant to Article II, paragraph 18:
(a) a Southern Panel for salmon originating in rivers with mouths situate south of Cape Caution, except as specified in sub-paragraph (b);
(b) a Fraser River Panel for Fraser River sockeye and pink salmon harvested in the area specified in Annex II; and
(c) a Northern Panel for salmon originating in rivers with mouths situate between Cape Caution and Cape Suckling.
(d) to establish a Yukon River Panel for salmon originating in the Yukon River.
Annex II FRASER PANEL AREA
The area comprises the waters described in Article I of the Convention between Canada and the United States of America for Protection, Preservation and Extension of the Sockeye Salmon Fishery in the Fraser River System, as amended, signed May 26, 1930, as follows:
1. The territorial waters and the high seas westward from the western coast of Canada and the United States of America and from a direct line drawn from Bonilla Point, Vancouver Island, to the lighthouse on Tatoosh Island, Washington-which line marks the entrance to Juan de Fuca Strait,-and embraced between 48 and 49 degrees north latitude, excepting therefrom, however, all the waters of Barkley Sound, eastward of a straight line drawn from Amphitrite Point to Cape Beale and all the waters of Nitinat Lake and the entrance thereto.
2. The waters included within the following boundaries:
Beginning at Bonilla Point, Vancouver Island, thence along the aforesaid direct line drawn from Bonilla Point to Tatoosh Lighthouse, Washington, described in paragraph numbered 1 of this Article thence to the nearest point of Cape Flattery, thence following the southerly shore of Juan de Fuca Strait to Point Wilson, on Quimper Peninsula, thence in a straight line drawn to Point Partridge on Whidbey Island thence following the western shore of the said Whidbey Island, to the entrance to Deception Pass, thence across said entrance to the southern side of Reservation Bay, on Fidalgo Island, thence following the western and northern shore line of the said Fidalgo Island to Swinomish Slight, crossing the said Swinomish Slough, in line with the track of the Great Northern Railway, thence northerly following the shore line of the mainland to Atkinson Point at the northerly entrance to Burrard Inlet, British Columbia, thence in a straight line to the southern end of Bowen Island, thence westerly following the southern shore of Bowen Island to Cape Roger Curtis, thence in a straight line to Gower Point, thence westerly following the shore line to Welcome Point on Sechelt Peninsula, thence in a straight line to Point Young on Lasqueti Island, thence in a straight line to Dorcas Point on Vancouver Island, thence following the eastern and southern shores of the said Vancouver Island,,to the starting point at Bonilla Point, as shown on the British Admiralty Chart Number 579, and on the United States Coast and Geodetic Survey Chart Number 6300, as corrected to March 14, 1930, copies of which are annexed to this Convention and made a part thereof.
3. The Fraser River and the streams and lakes tributary thereto.
Annex III TECHNICAL DISPUTE SETTLEMENT BOARD
1. Each Technical Dispute Settlement Board shall be composed of three members. Within 10 days of receiving a request under Article XII to refer a matter to a Board, the Chairman of the Commission shall notify the Parties. Within 20 days of this notification, each Party shall designate one member and the Parties shall jointly designate a third member, who shall be Chairman of the Board.
2. The Board shall determine its rules of procedure, but the Commission or the Parties may specify the date by which the Board shall report its findings. The Board shall provide an opportunity for each Party to present evidence and arguments, both in writing and, if requested by either Party, in oral hearing. The Board shall report its findings to the Commission, along with a statement of its reasons.
3. Decisions of a Board, including procedural rulings and findings of fact, shall be made by majority vote and shall be final and without appeal except as provided in Article XII, paragraph 3.
4. Remuneration of the members and their expense allowances shall be determined on such basis as the Parties may agree at the time the Board is constituted. The Commission shall provide facilities for the proceedings.
Annex IV (The following original chapters of Annex IV were entered into in 1986. For more recent versions see the annual reports of the Pacific Salmon Commission.)
Chapter 1 TRANSBOUNDARY RIVERS
1. Recognizing the desirability of accurately determining exploitation rates and spawning escapement requirements of salmon originating in the Transboundary Rivers, the Parties shall maintain a Joint Transboundary Technical Committee (Committee) reporting, unless otherwise agreed, to the Northern Panel and to the Commission. The Committee, inter alia, shall
(a) assemble and refine available information on migratory pat-terns, extent of exploitation and spawning escapement requirements of the stocks; (b) examine past and current management regimes and recommend how they may be better suited to achieving preliminary escapement goals; (c) identify enhancement opportunities that: (i) assist the devising of harvest management strategies to increase benefits to fishermen with a view to permitting additional salmon to return to Canadian waters; (ii) have an impact on natural Transboundary river salmon production.
2. The Parties shall improve procedures of co-ordinated or co-operative management of the fisheries on Transboundary River stocks.
3. Recognizing the objectives of each Party to have viable fisheries, the Parties agree that the following arrangements shall apply to the United States and Canadian fisheries harvesting salmon stocks originating in the Canadian portion of
(a) the Stikine River: (i) in 1985 and in 1986 Canada shall annually harvest 35% of the total allowable catch of sockeye originating in the Canadian portions of the Stikine River or 10,000 such sockeye, whichever is greater; (ii) in 1985 and in 1986 Canada shall annually harvest 2,000 Stikine River coho; (iii) in the years 1985 through 1995, the Parties shall take appropriate management action to ensure that the escapement goal of 19,800 to 25,000 chinook salmon in the Canadian portion of the Stikine River is achieved by 1995. (iv) in 1985, since the run of sockeye is anticipated to be below average, in-season run-size determination and subsequent management actions will be necessary to ensure that harvest objectives and escapements are met. (v) in 1985 and in 1986, Canadian commercial catches of chinook, pink and chum salmon in the Canadian portions of the Stikine River may be taken as an incidental harvest in the directed fishery for sockeye and coho. (b) the Taku River: (i) in 1985 and in 1986 Canada shall annually harvest 15% of the total allowable catch of sockeye originating in the Canadian portion of the Taku River; (ii) In 1985 and in 1986 Canadian harvests of chinook, pink, chum and coho salmon may be taken as an incidental harvest in the directed fishery for sockeye; (iii) in the years 1985 through 1995, the Parties shall take appropriate management action to ensure that the escapement goal of 25,600 to 30,000 chinook salmon in the Canadian portion of the Taku River is achieved by 1995.
4. The Parties agree that if the catch allocations set out in paragraph 3 are not attained due to management actions by either Party in any one year, compensatory adjustments shall be made in subsequent years. If a shortfall in the actual catch of a Party is caused by management action of that Party, no compensation shall be made.
5. The Parties agree that the following arrangements shall apply to United States and Canadian fisheries harvesting salmon stocks originating in Canadian portions of the Alsek River:
(a) recognizing that chinook and early run sockeye stocks originating in the Alsek River are depressed and require special protection, and in the interest of conserving and rebuilding these stocks, the necessary management actions shall continue until escapement targets are achieved; (b) in the event that in 1985 and in 1986 the run of sockeye is below average, additional restrictions will be required to meet escapement goals.
6. The Parties agree to consider co-operative enhancement possibilities and to undertake as soon as possible studies on the feasibility of new enhancement projects on the Transboundary Rivers and adjacent areas for the purpose of increasing productivity of stocks and providing greater harvests to the fishermen of both countries.
7. Recognizing that stocks of salmon originating in Canadian sections of the Columbia River constitute a small portion of the total populations of Columbia River salmon, and that the arrangements for consultation and recommendation of escapement targets and approval of enhancement activities set out in Article VII are not appropriate to the Columbia River system as a whole, the Parties consider it important to ensure effective conservation of up-river stocks which extend into Canada and to explore the development of mutually beneficial enhancement activities. Therefore, notwithstanding Article VII, paragraphs 2, 3, and 4, during 1985, the Parties shall consult with a view to developing, for the transboundary sections of the Columbia River, a more practicable arrangement for consultation and setting escapement targets than those specified in Article VII, paragraphs 2 and 3. Such arrangements will seek to, inter alia,
(a) ensure effective conservation of the stocks; (b) facilitate future enhancement of the stocks on an agreed basis; (c) avoid interference with United States management programs on the salmon stocks existing in the non-transboundary tributaries and the main stem of the Columbia River.
Chapter 2 NORTHERN BRITISH COLUMBIA SOUTHEASTERN ALASKA
1. Considering that the chum salmon stocks originating in streams in the Portland Canal require rebuilding, the Parties agree in 1985 to jointly reduce interceptions of these stocks to the extent practicable and to undertake assessments to identify possible measures to restore and enhance these stocks. On the basis of such assessments, the Parties shall instruct the Commission to identify long-term plans to rebuild these stocks.
2. With respect to sockeye salmon, the United States shall
(a) during the period 1985 through 1988, limit its purse seine fishery in District 4 in a manner that will result in a maximum four-year total catch of 480,000 sockeye salmon prior to United States Statistical Week 31; (b) limit its drift gillnet fishery in Districts 1A and 1B in a manner that will result in an average annual harvest of 130,000 sockeye salmon;
3. With respect to pink salmon, Canada shall
(a) limit its net fishery in Areas 3-1, 3-2, 3-3, 3-4, and 5-11 in a manner that will result in an average annual harvest of 900,000 pink salmon; (b) in 1985 and 1986, limit its troll fishery in Area 1 in a manner that will result in a maximum two year total catch of 1 million troll pink salmon; (c) in 1985 and 1986, if 300,000 troll pink salmon are caught in Area 1 in either year, then close to pink salmon trolling sub-areas 101-3 north of 54o 35' north, 101-4, 101-8, and 103 north of 54o 35' north.
4. In 1985 and thereafter, in order to ensure that catch limits specified in paragraphs 2 and 3 are not exceeded, the Parties shall implement appropriate management measures which take into account the expected run sizes and permit each country to harvest its own stocks.
5. In setting pink salmon fisheries regimes for 1987 and thereafter, the Parties agree to take into account information from the 1984 and 1985 northern pink tagging program.
6. The Parties shall at the earliest possible date exchange management plans for the fisheries described herein.
7. In order to accomplish the objectives of this Chapter, neither Party shall initiate new intercepting fisheries, nor conduct or redirect fisheries in a manner that intentionally increases interceptions.
8. The Parties shall establish a Joint Northern Boundary Technical Committee (Committee) reporting, unless otherwise agreed, to the Northern Panel and the Commission. The Committee, inter alia, shall
(a) evaluate the effectiveness of management actions; (b) identify and review the status of stocks; (c) present the most current information on harvest rates and pattern on these stocks, and develop a joint data base for assessments; (d) collate available information on the productivity of stocks in order to identify escapements which produce maximum sustainable harvests and allowable harvest rates; (e) present historical catch data, associated fishing regimes, and information on stock composition in fisheries harvesting these stocks; (f) devise analytical methods for the development of alternative regulatory and production strategies; (g) identify information and research needs, including future monitoring programs for stock assessments; and, (h) for each season, make stock and fishery assessments and recommend to the Northern Panel conservation measures consistent with the principles of the Treaty.
Chapter 3 CHINOOK SALMON
1. Considering the escapements of many naturally spawning chinook stocks originating from the Columbia River northward to southeastern Alaska have declined in recent years and are now substantially below goals set to achieve maximum sustainable yields, and recognizing the desirability of stabilizing trends in escapements and rebuilding stocks of naturally spawning chinook salmon, the Parties shall
(a) instruct their respective management agencies to establish a chinook salmon management program designed to meet the following objectives: (i) halt the decline in spawning escapements in depressed chinook salmon stocks; and, (ii) attain by 1998, escapement goals established in order to restore production of naturally spawning chinook stocks, as represented by indicator stocks identified by the Parties, based on a rebuilding program begun in 1984; (b) jointly initiate and develop a co-ordinated chinook management program; (c) establish a Joint Chinook Technical Committee (Committee) reporting, unless otherwise agreed, to the Northern and Southern Panels and to the Commission, which inter alia, shall (i) evaluate management actions for their consistency with measures set out in this Chapter and for their potential effectiveness in attaining these specified objectives; (ii) evaluate annually the status of chinook stocks in relation to objectives set out in this Chapter and, consistent with paragraph (d) (iv) beginning in 1986, make recommendations for adjustments to the management measures set out in this Chapter; (iii) develop procedures to evaluate progress in the rebuilding of naturally spawning chinook stocks; (iv) recommend strategies for the effective utilization of enhanced stocks; (v) recommend research required to implement this rebuilding program effectively; (vi) exchange information necessary to analyze the effectiveness of alternate fishery regulatory measures to satisfy conservation objectives. (d) ensure that (i) in 1985 and 1986, the annual all-gear catch in northern and central British Columbia and southeast Alaska shall not exceed 526,000 chinook salmon to be divided equally between the Parties; (ii) in 1985 and 1986, the annual troll catch off the west coast of Vancouver Island shall not exceed 360,000 chinook; (iii) in 1985 and 1986, the total annual catch by the sport and troll fisheries in the Strait of Georgia shall not exceed 275,000 chinook; (iv) if recommended by the Committee, in 1986 and subsequent years adjustments to the ceilings may be made in response to reductions in chinook abundance so that the indicator stocks are rebuilt by 1998, provided that reductions in ceilings for 1986 will not be made unless the Committee recommends a reduction greater than 15%, based on reductions in stock abundance for that year; (v) fishing regimes are reviewed by the Committee and structured so as not to affect unduly or to concentrate disproportionately on stocks in need of conservation; (vi) if catch ceilings are exceeded in any year, the differences shall be addressed by the responsible Party in a manner that will ensure rebuilding of the affected stocks by 1998. (e) evaluate all sources of induced fishing mortality, estimate unreported catches of chinook salmon, assess the impact and minimize the effects of these factors in 1985 and 1986. The Commission shall take into account such estimates of total chinook mortality in implementing the chinook rebuilding program. (f) manage all salmon fisheries in Alaska, British Columbia, Washington and Oregon, so that the bulk of depressed stocks preserved by the conservation program set out herein principally accrue to the spawning escapement; (g) establish, at the conclusion of the chinook rebuilding program, fishery regimes to maintain the stocks at optimum productivity and provide fair internal allocation determinations. It is recognized that the Parties are to share the benefits of coastwide rebuilding and enhancement, consistent with such internal allocation determinations and this Treaty; and, (h) exchange annual management plans prior to each season.
2. The Parties agree that enhancement efforts designed to increase production of chinook salmon would benefit the rebuilding program. They agree to consider utilizing and redirecting enhancement programs to assist, if needed, in the chinook rebuilding program. They agree that each region's catches will be allowed to increase above established ceilings based on demonstrations to the Commission and assessment by it of the specific contributions of each region's new enhancement activities, provided that the rebuilding schedule is not extended beyond 1998.
Chapter 4 FRASER RIVER SOCKEYE AND PINK SALMON
1. In order to increase the effectiveness of the management of fisheries in the Fraser River Area (hereinafter the Area) and in fisheries outside the Area which harvest Fraser River sockeye and pink salmon, the Parties agree
(a) that the preliminary expectations of the total allowable catches of Fraser River sockeye and pink are:
Sockeye Pink 1985 6.6 million 11.0 million 1986 12.5 million 1987 3.1 million 12.0 million 1988 3.6 million 1989 7.1 million 14.0 million 1990 13.0 million 1991 3.1 million 14.0 million 1992 3.6 million (b) that (i) based on these preliminary expectations, the United States shall harvest as follows: Sockeye Pink 1985 1.78 million 3.6 million 1986 3.0 million 1987 1.06 million 3.6 million 1988 1.16 million (ii) the United States catches referred to in paragraph 1(b)(i) herein shall be adjusted in proportion to any adjustments in the total allowable catches set out in paragraph 1(a) herein that are due to any agreed adjustments in pre-season or in-season expectations of run-size. When considering such adjustment, the Parties shall take into account all fisheries that harvest Fraser River sockeye and pink salmon including annual Fraser River Indian food fish harvests in excess of 400,000 sockeye. The United States catches shall not be adjusted to any adjustments in the total allowable catch that may be caused by changes in escapement goals that form the basis for the agreed total allowable catches set out in paragraph 1(a) herein; (iii) notwithstanding the agreed United States and Canadian catch levels for Fraser River sockeye and for coho off the west coast of Vancouver Island, as provided in paragraph 1(b)(i) herein and in Chapter 5, respectively, and subject to paragraph 1(b)(ii), in 1985 the United States catch of Fraser River sockeye shall not exceed 1.75 million; and in 1986, the United States catch of Fraser River sockeye shall be 2.95 million and the Canadian catch of coho off the west coast of Vancouver Island shall not exceed 1.75 million; (c) in 1985, to instruct the International Pacific Salmon Fisheries Commission to develop regulatory programs in the Area to give effect to the provisions of paragraph 1(b); (d) to instruct the Fraser River Panel for 1986 through 1992 to develop regulations to give effect to the provisions of paragraphs 1(b) and 1(f); (e) to instruct the Fraser River Panel that if management measures fail to achieve such sockeye and pink catches, any difference shall be compensated by adjustments to the Fraser fishery in subsequent years; (f) in the period 1989 to 1992, the Fraser River Panel shall determine the annual United States catch level so that the total United States catch in this period shall not exceed 7 million sockeye in the aggregate. In the years 1989 and 1991, the United States harvest shall not exceed 7.2 million pink salmon, in the aggregate. Notwithstanding the foregoing, these levels shall be reduced in proportion to any decreases in the total allowable catches set out in paragraph 1(a) herein that are due to any agreed decreases in pre-season or in-season expectations of run size. When considering such reductions, the Parties shall take into account all fisheries that harvest Fraser River sockeye and pink salmon including annual Fraser River Indian food fish harvests in excess of 400,000 sockeye. The United States catches shall not be reduced due to any decreases in the total allowable catch that may be caused by changes in escapement goals that form the basis for the agreed total allowable catches set out in paragraph 1(a) herein; (g) to consider no sooner than 1989 adjusting the regime in accordance with the principles of Article III; (h) to instruct the Fraser River Panel that in managing Fraser River sockeye and pink salmon, it shall take into account the management requirements of other stocks in the Area.
2. Notwithstanding the provisions of Paragraphs 1(b) and 1(f), and to ensure that Canada receives the benefits of any Canadian-funded enhancement activities undertaken following entry into force of this Treaty, any changes in the total allowable catch due to such activities shall not result in adjustment of the United States catch.
3. The Parties shall establish data-sharing principles and processes which ensure that the Parties, the International Pacific Salmon Fisheries Commission, the Commission and the Fraser River Panel are able to manage their fisheries in a timely manner consistent with this Chapter.
4. The Parties may agree to adjust the definition of the Area as necessary to simplify domestic fishery management and ensure adequate consideration of the effect on other stocks and species harvested in the Area.
5. In managing the fisheries in the Area, the Parties, the Commission, and the Fraser River Panel shall take into account fisheries inside and outside the Area that harvest Fraser River sockeye and pink salmon. The Parties, the Commission, and the Fraser River Panel shall consider the need to exercise flexibility in management of fisheries outside the Area which harvest Fraser River sockeye and pink salmon.
Chapter 5 COHO SALMON
1. Recognizing that for the past several years some coho stocks have been below levels necessary to sustain maximum harvest and that recent fishing patterns have contributed to a decline in some Canadian and United States coho stocks, and in order to prevent further decline in spawning escapements, adjust fishing patterns, and initiate, develop, or improve management programs for coho stocks, the Parties shall
(a) establish a Joint Coho Technical Committee (Committee), reporting unless otherwise agreed to the Panels and the Commission. The membership of the Committee shall include representation from the Northern and Southern Panel Areas. The Committee, inter alia, shall (i) evaluate the effectiveness of management actions; (ii) identify and review the status of stocks; (iii) present the most current information on harvest rates and patterns on these stocks, and develop a joint data base for assessments; (iv) collate available information on the productivity of coho stocks in order to identify escapements which produce maximum sustainable harvests and allowable harvest rates; (v) present historical catch data, associated fishing regimes, and information on stock composition in fisheries harvesting these stocks; (vi) devise analytical methods for the development of alternative regulatory and production strategies; (vii) identify information and research need, including future monitoring programs for stock assessments; (viii) for each season, make stock and fishery assessments and recommend to the Commission conservation measures consistent with the principles of the Treaty; (b) unless otherwise agreed, in any area where fisheries of one Party may intercept coho stocks originating in the rivers of the other, endeavour to limit incidental coho catches by fisheries targeting on other species.
2. For coho stocks shared by Washington and southern British Columbia fisheries, each Party shall establish regimes for its ocean troll, ocean sport, and inside troll, net and sport fisheries consistent with management objectives approved by the Commission.
3. In 1985, the Parties shall adhere to presently agreed management objectives for Canadian Area 20, United States Areas 7 and 7A, and Juan de Fuca Strait.
4. The Parties agree
(a) that in 1985 and 1986 the total annual troll catch of coho in Canadian Management Areas 21, 23, 24, 25, 26, 27, 121, 123, 124, 125, 126, 127, and 130-1 shall not exceed 1.75 million; (b) to avoid any alterations in coho fisheries along the west coast of Vancouver Island that would increase the proportional interception of United States coho stocks; (c) to develop, in 1986 and thereafter fishery regimes for the west coast of Vancouver Island that (i) implement conservation measures approved by the Commission and take into account any increased contributions by Canada to the fishery; and, (ii) provide for the sharing of benefits of coho production of each Party consistent with the principles of Article III.
5. If management measures result in a significant deviation from catch levels set out in paragraph 4 in any year, differences shall be compensated by adjustments to the fishery in subsequent years, provided that conservation objectives for natural coho stocks and other principles of Article III are not adversely affected.
6. Notwithstanding any other provisions of this Chapter, the Commission, for 1987 and thereafter, shall set specific harvest levels for coho salmon in the intercepting fisheries in areas described in paragraph 4.
Chapter 6 SOUTHERN BRITISH COLUMBIA AND WASHINGTON STATE CHUM SALMON
Considering that anticipated returns of some natural salmon stocks originating in Johnstone Strait, the Strait of Georgia, the Fraser River, Puget Sound, Juan de Fuca Strait and Nitinat Lake are expected to be weak and therefore not likely to provide a harvestable surplus in 1985, although some enhance stocks originating in these areas may provide harvestable surpluses and anticipating locally directed fisheries on such enhanced stocks, the Parties shall
1. No later than March 31, 1985, establish a Joint Chum Technical Committee (Committee) reporting, unless otherwise agreed, to the Southern Panel and the Commission, to, inter alia,
(a) identify and review the status of stocks of primary concern; (b) present the most current information on harvest rates and patterns on these stocks, and develop a joint data base for assessments; (c) collate available information on the productivity of chum stocks to identify escapements which produce maximum sustainable harvests and allowable harvest rates; (d) present historical catch data, associated fishing regimes, and information on stock composition in fisheries harvesting those stocks; (e) develop analytical methods to permit the exploration of alternative regulatory and production strategies; (f) identify information and research needs, to include future monitoring programs for stock assessment; and, (g) develop fishery regimes for the 1985 season and thereafter;
2. No later than August 15, 1985, instruct the Committee to present a report to the Parties on the activities set out in paragraph 1 herein.
Chapter 7 GENERAL OBLIGATION
With respect to intercepting fisheries not dealt with elsewhere in this Annex, unless otherwise agreed, neither Party shall initiate new intercepting fisheries, nor conduct or redirect fisheries in a manner that intentionally increases interceptions.
Chapter 8 YUKON RIVER
DEFINITIONS
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 socio-economic 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 co-ordinated 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 endeavour 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 endeavour 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 endeavour to deliver to the Canadian border on the mainstem Yukon River the number of chum salmon necessary to meet with 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 to 1995, the United States will endeavour 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, endeavour 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 endeavour, for that year, to deliver to the Canadian border on the mainstem Yukon River the number of chum salmon necessary to meet with 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 endeavour 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 1990 to 1995 inclusive for the Canadian mainstem chinook stocks, the United States will endeavour to deliver annually between 34,800 and 37,800 chinook salmon to the Canadian border on the mainstem Yukon River and Canada will endeavour 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 stabilisation 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 to authority to make recommendations for management arrangements to the Parties.
23. The JTC shall compile existing information on the status of these stocks and the benefits accruing to 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 in 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 endeavour, subject to budgetary limitations, to implement the fisheries research and management programs recommended by the JTC for co-ordinated 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: (i) the Parties shall endeavour 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; (ii) the agreed Canadian guideline harvest levels during rebuilding will not change; and (iii) 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 co-operative 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 in 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 in appropriate 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 socio-economic 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.
