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Exchange of Notes between the Government of Canada and the Government of the United States of America constituting an Agreement regarding the Implementation of Article XV, paragraph 3 of the Pacific Salmon Treaty signed January 28, 1985 [1985] CATSer 21 (13 August 1985)

E101425 - CTS 1985 No. 35

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT CONCERNING THE IMPLEMEN­TATION OF ARTICLE XV, PARAGRAPH 3 OF THE PACIFIC SALMON TREATY

I

The Secretary of State for External Affairs of Canada to the Ambassador of the United States of America

OTTAWA, August 13, 1985

His Excellency Paul Heron Robinson, Jr.,
Embassy of the United States of America,
Ottawa

Excellency,

I have the honour to refer to the discussions between representatives of our two Governments and to the Treaty between the Government of Canada and the Government of the United States of America concerning Pacific Salmon (the Treaty) and to confirm on behalf of the Government of Canada the understanding set out below that has been reached between our two Governments concerning the implementation of Article XV, paragraph 3 of the Treaty.

A. Prior to the first anniversary of the date of entry into force of the Treaty:

1. The Fraser River Panel established pursuant to the Treaty shall assume the following responsibilities consistent with the Treaty:

(a) review and evaluate information provided by the Parties, pursuant to Article IV, paragraph 3, in order to provide recommendations to the Commission for the fishery regime included in Annex IV;

(b) make proposals to the Commission regarding regulations for the harvest of Fraser River sockeye and pink salmon within the Fraser Panel Area (the Area);

(c) collect in-season information on catches within the Area; review information on escapements within the Area; collate information provided by the Parties pursuant to sub-paragraphs D. 3 and D. 4 for fisheries outside the Area; conduct test fishing on Fraser River sockeye and pink salmon; collect data on upriver escapements by observation at Hell’s Gate and through the conduct of a hydro acoustic program at Mission Bridge; and design and conduct studies to identify and discriminate between races of Fraser River sockeye and pink salmon harvested in the fisheries including specification of samples required from upriver sections of the Fraser River and from sites outside the Area;

(d) make orders for the adjustment of the fisheries pursuant to Article VI, paragraph 6, on the basis of information garnered under sub-paragraph (c); and

(e) provide the Commission, at the end of each fishing season, with an accounting of the catches, wherever made, of Fraser River sockeye and pink salmon and with an appraisal of the extent to which the Panel achieved the objectives set by the Parties.

2. Canada shall assume all responsibilities of the International Pacific Salmon Fisheries Commission (IPSFC) except those responsibilities specified in sub­paragraph 1.

B. The IPSFC will continue to discharge its responsibilities in the interval between the entry into force of the Treaty and, pursuant to paragraph A, the assumption of responsibilities by Canada and the Fraser River Panel.

C. Prior to the fourth anniversary of the entry into force of the Treaty, the Commission shall review the division of responsibilities set out above.

D. Canada and the United States shall provide to the Commission:

1. the information required by Article IV, paragraph 3;

2. samples required for the racial work referred to in sub-paragraph A. 1 (c);

3. information on in-season catches, by time, area, species and gear type, for fisheries outside the Area that harvest sockeye and pink salmon bound for the Fraser River;

4. post-season statistical information regarding Fraser River sockeye and pink salmon catches by time, area, species and gear type;

5. data on spawning escapements for all sockeye and pink stocks which migrate through the Area; and

6. information on any problems identified in achieving national goals resulting from in-season regulation of Area fisheries.

E. The following administrative arrangements shall apply to the transfers of staff from IPSFC:

1. Appropriate members of the existing Fishery Management Division and of other Divisions of the IPSFC shall be transferred to the Commission so that it shall have the capability to perform the following duties:

(a) the discharge of the responsibilities of the Commission and of the Fraser River Panel as specified, inter alia, in sub-paragraph A.1.;

(b) interpretation of statistical and biological data and other information referred to in paragraph D;

(c) collection and assembly of such data as may be required by the Commission and its Panels; and

(d) preparation of such publications as may be decided upon by the Commission.

2. The staff shall be under the direction of the Executive Secretary pursuant to Article 11, paragraph 16.

3. The Operations Division shall be transferred to the Department of Fisheries and Oceans (DFO), Canada, to the extent practicable, and shall continue to carry out upriver work on pink and sockeye salmon in coordination with the staff of the Commission. While there will be some duplication of work in the spawning areas during this initial period, it is anticipated that the operations Division will eventually be integrated into DFO’s Fraser River Management and Enhancement Operations to streamline upriver operations and to avoid duplication. The close working relationship that now exists at the staff level between the IPSFC Fishery Management Division and Operations Division should be maintained between the Commission staff and the appropriate DFO responsibility centers.

4. The Environment Conservation Division, Biology Division and Engineering Division, and appropriate members of the Fishery Management and Administrative Divisions shall be transferred to DFO and integrated as practicable.

5. The transfer of the Fishery Management Division and Operations Division of the IPSFC referred to in sub-paragraphs 1, 3 and 4 shall occur during the period September 1985 to March 1986. The transfer of the Environment Conservation Division, the Biology Division, the Engineering Division and members of the Administrative Division referred to in sub-paragraph 4 may occur at any time within the year after the date of entry into force of the Treaty. Officials of the Parties shall consult with each other and with the IPSFC staff to seek agreement on the specific timing of these transfers, taking into account the need for continued sound management of the fishery resource and administrative and budgetary cycles of the two Governments.

F. In order to ensure continuity in the methodology of collection of upriver data required for the management of Fraser River sockeye and pink salmon:

1. Pending the entry into force of the Treaty, DFO staff shall participate in work directed by IPSFC staff on upriver activities, i.e. production system activities.

2. In the first two years following entry into force of the Treaty, former IPSFC staff members whose responsibilities included upriver work and who become employees of DFO, shall participate as practicable in the carrying out of Canada’s upriver responsibilities. With respect to upstream spawning escapement work, the advice of the new Commission’s staff shall be sought as appropriate.

3. On request of either Party, opportunities shall be provided for technical experts of either Party or the Commission to observe the data collection operations of the Parties related to the activities of the Fraser River Panel.

G. The Parties shall consult with each other and with the IPSFC staff, with a view, inter alia, to offering employment to IPSFC employees with the new Commis­sion, the Fraser River Panel, or within government agencies of the two Parties on terms and conditions comparable, to the extent practicable, with those they enjoy in IPSFC.

H. 1. The IPSFC library in New Westminster, British Columbia, which contains irreplaceable historical records, shall be transferred to the new Commission and shall be readily accessible to the Fraser River Panel, the Commission and others whose professional needs require use of these library facilities.

2. Other IPSFC assets necessary for the work of the Commission and the Fraser River Panel shall be transferred to the Commission.

3. The remaining assets shall be transferred to Canada.

4. Prior to its dissolution the IPSFC shall in cooperation with the Parties, discharge all its outstanding debts, obligations and liabilities.

I. For a term to be agreed upon, the new Commission shall maintain the IPSFC scientific and technical publication series in order to provide for reporting of past scientific work carried out under the auspices of the IPSFC.

I have the honour to propose that if the understanding set out in this Note is acceptable to the Government of the United States of America, this Note and your reply to that effect, shall constitute an Agreement between the Government of Canada and the Government of the United States of America regarding the implementation of the Treaty and shall enter into force on the date of your reply.

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 Agreement. The Agreement shall terminate one year after notification.

Accept, Excellency, the assurance of my highest consideration.

Joe Clark,

Secretary of State for External Affairs

II

The Ambassador of the United States of America to the Secretary of State for External Affairs of Canada

OTTAWA, August 13, 1985

The Right Honourable Joe Clark, P.C., M.P.,
Secretary of State for External Affairs,
Ottawa

Excellency:

I have the honor to refer to Your Excellency’s note of August 13, 1985 which concerns the Treaty between the Government of Canada and the Government of the United States of America concerning Pacific Salmon and which confirms on behalf of the Government of Canada the understanding that has been reached between our two Governments concerning the implementation of Article XV, paragraph 3 of the Treaty.

I also have the honor to inform the Government of Canada that the understand­ing is acceptable to the Government of the United States and that your note and this reply constitute an agreement between the United States of America and Canada.

Accept, Excellency, the assurances of my highest consideration.

Paul Heron Robinson,

Ambassador