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Agreement between the Government of Canada and the Government of the United States of America to amend Annex IV of the Treaty between the Government of Canada and the Government of the United States of America concerning Pacific Salmon, done at Ottawa on 28 January 1985, as amended [2006] CATSer 8 (16 June 2006)

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AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA TO AMEND ANNEX IV OF THE TREATY BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING PACIFIC SALMON, DONE AT OTTAWA ON 28 JANUARY 1985, AS AMENDED

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA (hereinafter jointly referred to as “the Parties”), being parties to the Treaty between the Government of Canada and the Government of the United States of America concerning Pacific Salmon, done at Ottawa on 28 January 1985, as amended (“the Treaty”),

HAVING REGARD to the recommendations made by the Pacific Salmon Commission (“the Commission”) pursuant to Article XIII of the Treaty in its correspondence of February 17, 2006,

DESIROUS of amending Chapter 1 and Chapter 6 of Annex IV of the Treaty pursuant to Article XIII of the Treaty as set forth in the above-mentioned recommendations of the Commission,

HAVE AGREED AS FOLLOWS :

ARTICLE I

Annex IV, Chapter 1, Paragraph 3(a)(1)(iv) shall be amended by deleting the date “July 1” and replacing it with the date “June 19”.

ARTICLE II

Annex IV, Chapter 6 shall be deleted and replaced with the text set forth in the Appendix to this Agreement.

ARTICLE III

This Agreement, including its Appendix, shall enter into force on the date of the last note of an Exchange of Notes in which the Parties notify each other of the completion of their internal procedures necessary for the entry into force of this Agreement.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE in duplicate at Ottawa, this 16^th day of June 2006, in the English and French languages, each version being equally authentic.

Richard Ballhorn

FOR THE GOVERNMENT OF CANADA

John S. Dickson

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA

APPENDIX

Chapter 6

Southern British Columbia and Washington State Chum Salmon

The provisions of this Chapter shall apply for the period 2006 through 2008.

1. The Parties shall maintain a Joint Chum Technical Committee (“the Committee”) reporting, unless otherwise agreed, to the Southern Panel and the Commission. The Committee will undertake 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) devise analytical methods for the development of alternative regulatory and production strategies;

(f) identify information and research needs, to include future monitoring programs for stock assessment; and,

(g) for each season, make stock and fishery assessments and evaluate the effectiveness of management.

2. The catch composition of fisheries covered by this chapter will be estimated by post-season analysis using methods agreed upon by the Committee.

3. Canada and the United States shall assess catch levels and make attempts to collect additional genetic samples from any chum salmon caught during the July 1 through September 15 time period in the boundary area fisheries (U.S. Areas 4B, 5, 6C, 7 and 7A; Canadian Areas 18, 19, 20, 21, and 29).

4. During the period from July 1 through September 15, Canada will require the live release of chum salmon from all purse seine gear fishing in the Strait of Juan de Fuca (Canadian Area 20) and the United States will require the same for the non-Indian seine fisheries in Areas 7 and 7A. Note: By U.S. regulation, purse seine fisheries are not permitted in U.S. Areas 4B, 5 and 6C.

5. In the years 2006 through 2008, Canada will manage its Johnstone Strait, Strait of Georgia, and Fraser River chum salmon fisheries to provide continued rebuilding of depressed naturally spawning chum salmon stocks, and, to the extent practicable, not increase interceptions of U.S. origin chum salmon. Terminal fisheries conducted on specific stocks with identified surpluses will be managed to minimize interception of non-targeted stocks.

6. In the years 2006 through 2008, Canada will manage its Johnstone Strait mixed stock fishery as follows:

a) In the years 2006 through 2008, chum salmon abundance levels of less than a provisional threshold of 1.1 million will be defined, for purposes of this chapter as critical. By the end of 2008, Canada will determine a revised critical threshold.

b) For run sizes above the critical threshold, Canada will conduct fisheries with a combined exploitation rate of up to 20 % in Johnstone Strait.

c) When run sizes are expected to be below the critical threshold, Canada will notify the United States and will only conduct assessment fisheries and non-commercial fisheries. Other commercial fisheries targeting chum salmon will be suspended.

7. In the years 2006 through 2008, Canada will manage its Fraser River fisheries for chum salmon as follows:

a) For Fraser River terminal area run sizes, identified in-season, at abundance levels lower than 900,000 chum salmon, the Canadian commercial chum salmon fisheries within the Fraser River and in associated marine areas (Area 29), will be suspended.

b) For Fraser River terminal area run sizes, identified in-season at levels greater than 900,000 chum salmon, Canadian commercial chum salmon fisheries within the Fraser River, shall be guided by the limits of the in-river Total Allowable Catch set by Canada.

8. Canada will manage the Nitinat gill net and purse seine fisheries for chum salmon to minimize the harvest of non-targeted stocks.

9. For the years 2006 through 2008, Canada shall conduct a genetic sampling program of chum salmon taken in the West Coast Vancouver Island troll fishery if early-season catch information indicates that catch totals for the July 1 through September 15 season may reach levels similar to 1985 and 1986. Sampling, should it occur, will include catches taken from the southern areas (Canadian Areas 121-124).

10. In the years 2006 through 2008, the United States will manage its chum salmon fishery in Areas 7 and 7A as follows:

a) In the years 2006 through 2008, chum salmon abundance levels of less than a provisional threshold of 1.1 million will be defined, for purposes of this chapter, as critical. By the end of 2008, Canada will determine a revised critical threshold.

b) For run sizes above the critical threshold, the base catch ceiling for the U.S. chum salmon fisheries in Areas 7 and 7A will be 130,000 chum salmon.

c) For run sizes below the critical threshold, the U.S. catch of chum in Areas 7 and 7A shall be limited to chum salmon taken incidentally to other species and in other minor fisheries, but shall not exceed 20,000, provided that catches for the purpose of genetic stock identification sampling shall not be included in the aforementioned limit.

d) The Fraser River chum salmon abundance estimate will be updated no later than October 22. If the run size is estimated to be less than 900,000, the United States will take immediate action to restrict its fishery impacts on Fraser chum. The Parties will then meet within 3 days of the update to discuss further U.S. fishing opportunities to meet conservation objectives.

e) U.S. commercial fisheries for fall chum salmon in Areas 7 and 7A will not occur prior to October 10.

f) The United States will manage the Areas 7 and 7A fisheries for chum salmon with the intent to minimize, to the extent practicable, the harvest of non-targeted species.

11. In the years 2006 through 2008, the United States' annual total harvest ceiling for chum salmon in Areas 7 and 7A, shall be defined as follows:

a) It is the intent of the Parties to eliminate the accumulated historical difference (138,000 total, as of the start of 2006), by 2008. Therefore, in any non-critical year in which a portion of the assigned difference is not taken, that portion shall be foregone.

b) When the chum salmon run size is below the critical threshold, the base catch ceiling will be 20,000 chum salmon. When the fishery is limited to 20,000 chum salmon, the portion of the accumulated historical difference will not be added to the catch ceiling and the remaining accumulated historical difference will be recalculated and applied to subsequent years, up to and including 2008.

c) When the chum salmon run size is above the critical threshold, the base catch ceiling will be 130,000 chum salmon, plus 46,000 chum salmon of the accumulated historical difference, plus any shortfall of up to a maximum of 15,000 chum salmon generated from a failure to capture the preceding non-critical year's base catch ceiling, minus any amortized overage adjustment caused by a prior year's overage of that year's total harvest ceiling.

d) It is also the intent of the Parties to avoid future accumulations. Therefore any annual shortfall below the base catch ceiling of 130,000 chum salmon shall be limited to a maximum of 15,000 chum salmon and shall be added to the next available non-critical season's base ceiling. If it is not taken in that fishery, it shall be foregone.

e) Adjustments due to past overages shall not be limited, but they may be amortized over subsequent years, up to and including 2008.

f) When the chum salmon run size is below the critical threshold, no shortfalls may be accrued; however, any overages shall be carried forward as indicated above.

12. In the years 2006 through 2008, the United States shall conduct its chum salmon fishery in the Strait of Juan de Fuca (United States Areas 4B, 5 and 6C) so as to maintain the limited effort nature of this fishery, and, to the extent practicable, not increase interceptions of Canadian origin chum salmon. The United States shall continue to monitor this fishery to determine if recent catch levels indicate an increasing level of interception.

13. All information concerning by-catch of other salmon species from the chum salmon fisheries covered by this chapter will be shared between the Parties in the annual Post Season Report.