The Pacific Salmon Treaty

Interception of Pacific salmon bound for rivers of one country in fisheries of the other has been the subject of discussion between the Governments of Canada and the United States of America since the early part of this century. Intercepting fisheries were identified through research conducted by the two countries on species and stocks originating from Alaska, British Columbia, Washington, and Oregon. Fishers in northern British Columbia were intercepting salmon returning to Alaska, Washington and Oregon and United States fishers were catching Fraser River salmon as they traveled through the Straight of Juan de Fuca and the San Juan Islands towards the Fraser River.

Management of stocks subject to interception became a matter of common concern to both Canada and the United States. A mechanism to enable the countries to reap the benefits of their respective management and enhancement efforts was required. That mechanism is now provided through the Pacific Salmon Treaty, ratified by the President of the United States of America and the Prime Minister of Canada on March 18, 1985.

Treaty Principles

The Pacific Salmon Treaty is built upon two basic principles:

• Prevent Overfishing and Provide for Optimum Production - Both countries agree to respond to conservation concerns related to the interception of stocks of mutual concern.
• Equity - Each country should receive benefits equivalent to the production of salmon originating in its waters.

The twin principles of conservation and equity are to be implemented, taking into account:

• The desirability in most cases of reducing interceptions;
• The desirability in most cases of avoiding undue disruption of existing fisheries; and
• Annual variations in abundance.

Pacific Salmon Commission

The Pacific Salmon Commission (PSC) - an eight-member bilateral body that includes representatives of federal, state, and tribal governments - was created by the U.S. and Canadian governments to implement the Pacific Salmon Treaty. The PSC, guided by principles and provisions of the Treaty, establishes general fishery management regimes for international conservation and harvest sharing of intermingling salmon stocks. The Commission consists of four members representing each country. Each country will have one vote, and both votes are necessary for a Commission decision. Each country retains jurisdictional management authority but must manage its fisheries in a manner consistent with the provisions of the Treaty. Implementation of the principles of the Treaty should enable the United States and Canada, through better conservation and enhancement, to prevent overfishing, increase production of salmon, and ensure that each country receives benefits equivalent to its own production. The Commission also serves as a forum for consultation between the Parties on their salmonid enhancement operations and research programs.

North Panel

The organizational structure of the Commission is focused on three geographically oriented panels. The North Panel's stocks of concern are those which originate in rivers situated between Cape Suckiling in Alaska and Cape Caution in British Columbia, including the transboundary rivers. The Panel consists of representatives of Canada and state and federal representatives of Alaska.

Southern Panel

The Southern Panels's stocks of concern are those which originate in rivers located south of Cape Caution, other than Fraser River sockeye and pink salmon. The Panel consists of one representative of the United States, one appointee each from the governors of Washington and Oregon, two representatives of treaty Indian tribes, one appointee of the Secretary of State annually alternating between commercial and recreational fishing representatives, and six representatives from Canada.

Fraser River Panel

The Fraser River Panel has special regulatory responsibilities for stocks of sockeye and pink salmon originating from the Fraser River. The Panel consists of four representatives from Canada, one representative from the U.S., one appointee of the governor of the State of Washington, one representative from treaty Indian tribes, and one representative from the commercial fishing industry appointed by the Secretary of State.

The functions of panels are to review annual post-season reports, annual pre-season fishing plans, and ongoing and planned salmonid enhancement programs of each country and to provide recommendations to the Commission for development of annual fishery regimes in accordance with the objectives of the Treaty. These plans, once adopted by the Commission and the governments, are implemented by the management agencies in each country.

The Fraser River Panel, in addition, has been accorded special responsibility for in-season regulation of Fraser River sockeye and pink fisheries of Canada and the United States in southern British Columbia and northern Puget Sound, in an area designated as Fraser River Panel Area Waters. Scientific and technical work is conducted for the Panel by the Fishery Management Division of the Commission's Secretariat staff.

National Obligations

• Each country agrees to develop, provide and review a wide variety of technical reports and statistical compilations necessary for successful management.
• Each country also agrees to manage its fisheries in accordance with the principles and goals of the Treaty and the decisions of the Pacific Salmon Commission.
• Neither country shall initiate intercepting fisheries, nor conduct or redirect fisheries in a manner that intentionally increases interceptions without the other country's approval.
• The Treaty does not modify any existing Indian treaty right or other federal law.
• Each country agrees to cooperatively undertake management and research on stocks of common concern.
• Each country agrees to coordinate enhancement.