As the Department may observe, the draft approved by the Dominion
Government is identical with that transmitted to the Department in my
despatch No. 508 of July 6, 1928, save that certain unimportant
alterations are made in the introduction; and that Article II of the
draft treaty referred to is materially changed in the manner desired by
the Department according to informal exchange of correspondence between
the Treaty Division and the Legation (See Mr. Barnes’ letter to Mr.
Newson of August 30th last,13 and ensuing correspondence on the subject of Article
II of the Convention).
[Enclosure]
Draft of a Proposed Convention for the
Protection of the Fraser River System of Sockeye Salmon
Fisheries
His Majesty the King of Great Britain, Ireland and the British
Dominions beyond the Seas, Emperor of India, and the President of
the United States of America, recognizing that the protection,
preservation and propagation of the salmon fisheries in the Fraser
River System is of common interest to the Dominion of Canada and the
United States; that the Fraser River is potentially the greatest
sockeye salmon producing area in North America; that its capacity is
indicated by the catches of the so-called “big years” of the past,
when approximately two million cases of sockeye salmon were packed
in the whole System as compared with about one hundred and fifty
[Page 34]
thousand cases per annum at
the present time; that at least seventy-five per cent of the natural
spawning areas are above Hell’s Gate Canyon, and that it was only
during the so-called “big years” of the past that these areas were
seeded; that with the application of proper fish cultural methods
combined with adequate protection of the fisheries, there is no
known reason why an annual fishery could not be established on the
proportions of the “big years” of the past, and that it is in the
common interest of both countries that this resource that now
largely does not exist should be built up and maintained, have
resolved to conclude a convention and to that end have named as
their respective plenipotentiaries;
- His Majesty for the Dominion of Canada;
- The President of the United States of America;
Who, after having communicated to each other their full powers, found
in good and due form, have agreed upon the following Articles.
Article I
The provisions of this Convention and the regulations issued pursuant
thereto shall apply to the Fraser Eiver and the streams and lakes
tributary thereto and to all waters frequented by sockeye salmon
included within the following boundaries;
Beginning at Carmanah Lighthouse on the southwest coast of
Vancouver Island, thence in a straight line to a point three
marine miles due west astronomic from Tatoosh Lighthouse,
Washington, thence to said Tatoosh Lighthouse, 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 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 Slough, 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
Seechelt 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 Carmanah Lighthouse as shown on the United States
Coast and Geodetic Survey Chart No. 6300, as corrected to
October 20, 1924, and on the British Admiral Chart No.
579.
[Page 35]
The High Contracting Parties engage to have prepared as soon as
practicable charts of the waters described in this Article, with the
above described boundaries and the International boundary line
indicated thereon. They further agree to establish within the
territory of the United States and the territory of the Dominion of
Canada such buoys and marks for the purposes of this Convention as
may be recommended by the Commission hereinafter authorized to be
established, and to refer such recommendations to the International
Boundary Commission, United States-Alaska and Canada, for action
pursuant to the provisions of the Treaty respecting the boundary
between the United States and Canada signed February 24, 1925.14
Article II
The High Contracting parties agree to establish and maintain a
Commission to be known as the International Pacific Salmon Fisheries
Commission, hereinafter called the Commission, consisting of six
members, three on the part of the United States of America, and
three on the part of the Dominion of Canada.
The Commissioners on the part of the United States shall be appointed
by the President of the United States, and one shall be the
Commissioner of Fisheries of the United States and the other two
shall be at all times residents and citizens of the State of
Washington.
The Commissioners on the part of the Dominion of Canada shall be
appointed by His Majesty on the recommendation of the
Governor-in-Council.
The Commission shall continue in existence so long as this Convention
shall continue in force, and each High Contracting Party shall have
power to fill and, shall fill from time to time vacancies which may
occur in its representation on the Commission in the same manner as
the original appointments are made. Each High Contracting Party
shall pay the salaries and expenses of its own Commissioners, and
the joint expenses incurred by the Commission shall be paid by the
two High Contracting Parties in equal moieties.
Article III
The Commission shall make a thorough investigation into the natural
history of the Fraser River Sockeye salmon, into hatchery methods,
spawning ground conditions and other related matters. It shall
conduct the sockeye salmon fish cultural operations in the area
described in Article I, and to that end it shall have power to
improve spawning grounds, acquire, construct and maintain
hatcheries,
[Page 36]
rearing ponds
and other such facilities as it may determine to be necessary for
the propagation of sockeye salmon in the waters covered by this
Treaty, and to stock the waters with sockeye salmon by such methods
as it may determine to be most advisable. The Commission shall also
have authority to recommend to the two Governments the removal of
obstructions to the ascent of sockeye salmon in the waters covered
by this Treaty, that may now exist or may from time to time occur,
and to improve conditions for the ascent of sockeye salmon, where
investigation may show such to be desirable. The Commission shall
report annually to the two Governments what it has accomplished and
the results of its investigations.
The cost of all such work shall be borne equally by the two
Governments, and the said Governments agree to appropriate annually
such money as each may deem desirable for such work in the light of
the reports of the Commission.
Article IV
The Commission shall have power to regulate and shall regulate the
conditions under which sockeye salmon fishing may be carried on in
the waters covered by this Treaty, but no regulation, amendment or
revocation of a regulation shall be effective unless it is
affirmatively voted for by at least two of the Commissioners from
each country.
Article V
Each High Contracting Party shall be responsible for the enforcement
of the regulations provided by the Commission in the portion of
their respective waters covered by the Treaty, and the Commission
may at any time investigate the manner and efficiency with which the
regulations are being enforced in the waters of either High
Contracting Party, and report its findings to the two
Governments.
Article VI
Inasmuch as the purpose of this Treaty is to establish for the High
Contracting Parties, by their joint effort and expense, a fishery
that is now largely non-existent, each of the High Contracting
Parties should share equally in the fishery. The Commission shall,
consequently, in regulating the fishery do so with the object of
enabling, as nearly as they can, an equal portion of the fish that
is allowed to be caught each year to be taken by the fishermen of
each High Contracting Party.
[Page 37]
Article VII
The High Contracting Parties agree to enact and enforce such
legislation as may be necessary to make effective the provisions of
this Convention, with appropriate penalties for violations
thereof.
Article VIII
The present Convention shall be ratified by His Majesty in accordance
with constitutional practice, and by the President of the United
States of America, by and with the advice of the Senate thereof, and
it shall become effective upon the date of the exchange of
ratifications which shall take place at . . . . . as soon as
possible and shall continue in force for a period of sixteen years,
and thereafter until one year from the day on which either of the
High Contracting Parties shall give notice to the other of its
desire to terminate it.
In witness whereof, the respective
plenipotentiaries have signed the present Convention in duplicate,
and have affixed their seals thereto.
Done in duplicate at . . . . . , the . . . . day of . . . . , in the
Year of Our Lord, Nineteen Hundred and …