Chinook Salmon. The provisions of this Chapter shall apply for the period 2009 through 2018. 1. The Parties agree that: (a) Chinook stocks subject to the Pacific Salmon Treaty have varying levels of status with many being healthy and meeting goals for long-term production while others have been identified as conservation concerns, including some in the U.S. Pacific Northwest that have been listed under the U.S. Endangered Species Act; (b) fishery management measures implemented under the Treaty are appropriate for recovering, maintaining and protecting salmon stocks in Canada and the United States; (c) while fishing has contributed to the decline of many stocks of concern, the continued depressed status of these stocks generally reflects the long-term cumulative effects of other factors, particularly chronic habitat degradation, in some instances deleterious hatchery practices, and cyclic natural phenomena which may be exacerbated by climate change; (d) successful Chinook conservation, restoration and harvest management depends on a sustained and bilaterally coordinated program of resource protection, restoration, enhancement, and utilization based upon: (i) science-based fishery management regimes that ▇▇▇▇▇▇ healthy and abundant Chinook stocks by contributing to the restoration and rebuilding of depressed natural stocks while providing sustainable harvest opportunities on abundant stocks; (ii) implementation of protective and remedial actions identified in local and regional recovery planning processes that address non-fishing factors limiting the abundance, productivity, genetic diversity or spatial structure of natural salmon stocks; and (iii) scientifically sound enhancement activities that provide mitigation to fisheries for habitat loss or degradation and/or improve productivity through the appropriate use of artificial propagation and supplementation techniques; (e) a healthy and productive Chinook resource will impart sustainable benefits for the fisheries of both Parties, contribute other social, economic, and cultural benefits to the people of both Parties, and provide ecosystem benefits to other species; (f) the harvest levels and other fishery management approaches to target healthy natural and hatchery stocks while constraining impacts on depressed natural stocks, including various spatial and temporal fishery shaping measures that are bilaterally coordinated as necessary, coupled with improvements in fishery management programs prescribed or referenced in this Chapter, are intended to complement recovery actions being undertaken in the fishing and non-fishing sectors in each country. 2. The Parties shall: (a) implement a comprehensive and coordinated Chinook fishery management program that: (i) utilizes an abundance-based framework for managing all Chinook fisheries subject to the Treaty; (ii) continues harvest regimes based on annual estimates of abundance that are responsive to changes in production, take into account all fishery induced mortalities and designed to meet MSY or other agreed biologically-based escapement and/or harvest rate objectives; with the understanding that harvest rate management is designed to provide a desired range of escapements over time; (iii) contributes to the improvement in trends in spawning escapements of depressed Chinook salmon stocks and is consistent with improved salmon production; (iv) seeks to sustain stocks at healthy and productive levels by ensuring that stocks achieve MSY or other agreed biologically-based escapement and/or harvest rate objectives; (v) considers the limitations of regulatory systems; (vi) seeks to preserve biological diversity of the Chinook resource and contributes to restoration of currently depressed stocks by improving the abundance, productivity, genetic diversity and spatial structure of stocks over time; (vii) specifies fishery management obligations for maintaining healthy stocks, rebuilding depressed naturally spawning stocks and providing a means for sharing the harvest and the conservation responsibility for Chinook stocks coast-wide among the Parties; (viii) develops additional biological information pursuant to an agreed program of work and incorporates that information into the coastwide management regime, and considers the latest scientific information developed in each country’s recovery planning processes; (ix) includes procedures for changes in management agreed to by the Commission based on scientific advice provided by the Chinook Technical Committee (CTC); and (x) includes a commitment to discuss within the Commission significant management changes that a Party is considering that may alter the stock or age composition of a fishery regime’s catch; (b) maintain a joint Chinook Technical Committee (the “CTC”) reporting, unless otherwise agreed, to the Pacific Salmon Commission, which shall, inter alia: (i) evaluate management actions for their consistency with measures set out in this Chapter, and for their potential effectiveness in attaining the specified objectives; (ii) report annually on catches, harvest rate indices, estimates of incidental mortality and exploitation rates for all Chinook fisheries and stocks harvested within the Treaty area; (iii) report annually on the escapement of naturally spawning Chinook stocks in relation to the agreed escapement objectives referred to below, evaluate trends in the status of stocks and report on progress in the rebuilding of naturally spawning Chinook stocks; (iv) evaluate and review existing escapement objectives that fishery management agencies have set for Chinook stocks subject to this Chapter for consistency with MSY or other agreed biologically-based escapement goals and, where needed, recommend goals for naturally spawning Chinook stocks that are consistent with the intent of this Chapter; (v) recommend standards for the minimum assessment program required to effectively implement this Chapter, provide information on stock assessments relative to these standards and recommend to the Commission any needed improvements in stock assessments; (vi) review effects of enhancement programs on abundance-based management regimes and recommend strategies for the effective utilization of enhanced stocks; (vii) recommend research projects, and their associated costs, required to implement this Chapter effectively; (viii) exchange information necessary to analyze the effectiveness of alternative fishery regulatory measures to satisfy conservation objectives; (ix) provide a yearly report to the Commission that details the progress in assessment and monitoring for each stock in the Sentinel Stocks Program; (x) provide a yearly report to the Commission that details the progress in implementing improvements to the CWT program in the Treaty area as a result of recommendations from the CWT workgroup; (xi) provide a yearly report to the Commission that compiles information from the management agencies regarding the conduct and stock specific impacts of any ▇▇▇▇-selective fisheries for Chinook in the Treaty area, pending bilateral resolution of outstanding technical issues (e.g., methods for estimating incidental mortalities); and (xii) undertake specific assignments such as those described in Appendix A to this Chapter; 3. Subject to the provision of funding by the Parties ($7.5 million ($C) from Canada and $41.5 million (U.S.) from the United States) for the specific purposes and in the amounts identified in this paragraph and paragraphs 4 and 5, below, and a commitment of $10 million (U.S.) ($2.0 million (U.S.)per year for five years, beginning in 2009) from the Northern Boundary and Transboundary Rivers Restoration and Enhancement Fund and the Southern Boundary Restoration and Enhancement Fund by the Northern Fund Committee and the Southern Fund Committee, respectively, the Parties agree: (a) to implement through their respective domestic management authorities a five-year research program (Sentinel Stocks Program) utilizing approximately $2.0 million (U.S.) annually provided by the Northern and Southern Funds as follows: (i) the purpose of the program shall be to improve the estimates of escapements of selected Chinook populations in British Columbia, Washington State and Oregon; (ii) the Commission shall select a bilateral body of scientists to recommend to the Commission and the Fund Committees how best to utilize these funds for the purposes identified herein; (iii) the program shall focus on estimating the escapements of a limited number of stocks consistent with standards to be developed by the bilateral CTC; and (iv) stocks shall include a limited number of escapement indicator stocks for the North Oregon coast, Puget Sound (one of which shall be the Stillaguamish River), west coast of Vancouver Island, northern British Columbia and Fraser River; (b) to provide $7.5 million each in their respective currencies, subject to the availability of funds to implement over a five year period beginning no later than 2010 within their respective jurisdictions critical improvements to the coast wide coded wire tagging program operated by their respective management agencies. The Commission shall select a bilateral body to recommend funding of specific action items identified in the Pacific Salmon Commission Technical Report Number 25 that are priority uses of these funds to improve the precision and accuracy of statistics such as abundance, exploitation rates, survival estimates, etc. for Chinook salmon used by the CTC in support of this Chapter; and (c) that up to $1.0 million (U.S.) would be made available by the United States Section (using funds appropriated by Congress to implement the U.S. Chinook Salmon Agreement) to implement over a two year period beginning in 2009, with guidance from the CTC, specific measures to improve the bilateral Chinook model and related management tools used by the CTC to support implementation of this Chapter. 4. The Parties agree that $30 million (U.S.) of the funding to be provided by the United States identified in paragraph 3, above, is to be made available to Canada to assist in the implementation of this Chapter. Specifically, $15 million (U.S.) is to be provided in each of two U.S. fiscal years from 2009 to 2011, inclusive, or sooner (for a total of $30 million U.S.), with the following understandings: (a) the bulk of this funding would be used by Canada for a fishery mitigation program designed, among other purposes, to reduce effort in its commercial salmon troll fishery; and (b) Canada will inform the Commission as to how this funding was utilized in support of the mitigation program within two years of receiving such funding. 5. The Parties agree that the feasibility and effectiveness of ▇▇▇▇-selective fisheries warrant continuing investigation and evaluation and, if pursued, should occur subject to the following conditions and/or understandings, as applicable: (a) ▇▇▇▇-selective fisheries for Chinook will be conducted in a manner that reduces fishery impacts on natural spawning salmon relative to non-selective fishing alternatives; (b) if Canada decides to experiment in 2009 and 2010 with ▇▇▇▇- selective fisheries for Chinook and funding is provided by the United States for this purpose, the affected management authorities will collaborate with the Selective Fisheries Evaluation Committee (SFEC) on the design of an appropriate monitoring program; (c) ▇▇▇▇-selective fisheries implemented by either Party that affect stocks subject to the Pacific Salmon Treaty will be sampled, monitored and reported in accordance with applicable protocols recommended by the SFEC and adopted by the Commission; and the SFEC will facilitate the annual exchange of information regarding the conduct of ▇▇▇▇-selective fisheries, including estimates of catches of mass-marked hatchery Chinook; and (d) it is understood that the evaluation of ▇▇▇▇-selective fisheries in Canada may be subject to funding or other assistance provided by the State of Washington (with support as appropriate from the United States) in an amount not to exceed $3 million (U.S.), an amount that is included in the United States funding amount identified in paragraph 3, above, with such funding subject to the obtaining of specific legislative authority as may be required and the availability of funds. 6. The Parties agree to implement, beginning in 2009 and extending through 2018, an abundance-based coast-wide Chinook salmon management regime to meet the objectives set forth in paragraph 2(a) above, under which fishery regimes shall be classified as aggregate abundance-based management regimes (“AABM”) or individual stock-based management regimes (“ISBM”): (a) an AABM fishery is an abundance-based regime that constrains catch or total mortality to a numerical limit computed from either a pre-season forecast or an in-season estimate of abundance, from which a harvest rate index can be calculated, expressed as a proportion of the 1979 to 1982 base period. The following regimes will be managed under an AABM regime: (i) southeast Alaska (SEAK) sport, net and troll; (ii) Northern British Columbia (NBC) troll (Pacific Fishery Management Areas 1-5, 101-105 and 142) and Queen Charlotte Islands (QCI) sport (Pacific Fishery Management Areas 1-2, 101, 102 and 142); and (iii) west coast of Vancouver Island (WCVI) troll (Pacific Fishery Management Areas 21, 23-27, and PFMA 121, 123-127) and outside sport (also Pacific Fishery Management Areas 21, 23-27, and 121, 123-127 but with additional time and area specifications which distinguish WCVI outside sport from inside sport)9; (b) an ISBM fishery is an abundance-based regime that constrains to a numerical limit the total catch or the total adult equivalent mortality rate within the fisheries of a jurisdiction for a naturally spawning Chinook salmon stock or stock group. ISBM management regimes apply to all Chinook salmon fisheries subject to the Treaty that are not AABM fisheries. The obligations applicable to ISBM fisheries are: (i) a general obligation as set out in paragraph 8(c) for all ISBM fisheries which include, but are not necessarily limited to: northern British Columbia marine net and coastal sport (excluding Queen Charlotte Islands), and freshwater sport and net; central British Columbia marine net, sport and troll and freshwater sport and net; southern British Columbia marine net, troll and sport and freshwater sport and net; West Coast of Vancouver Island inside marine sport and net and freshwater sport and net; south Puget Sound marine net and sport and freshwater sport and net; north Puget Sound marine net and sport and freshwater sport and net; ▇▇▇▇ ▇▇ ▇▇▇▇ Pacific Fishery Management Areas (PFMA) 21, 23, 24 inside the Canadian “surfline” and PFMA 121, 123, 124 during the period October 16 through July 31, plus that portion of PFMA 21, 121, 123, 124 outside of a line generally one nautical mile seaward from the shoreline or existing Department of Fisheries and Oceans surfline, during the period August 1 through October 15. PFMA 25, 26, 27 inside the Canadian “surfline” and PFMA 125, 126, 127 during the period October 16 through June 30, plus that portion of PFMA 125, 126, 127 outside of a line generally one nautical mile seaward from the shoreline or existing Department of Fisheries and Oceans surfline, for the period July 1 through October 15. marine net, troll and sport and freshwater sport and net; Washington Coastal marine net, troll and sport and freshwater sport and net; Washington Ocean marine troll and sport; Columbia River net and sport; Oregon marine net, sport and troll, and freshwater sport; Idaho (Snake River Basin) freshwater sport and net; and (ii) an additional obligation as set out in paragraph 8(c) for those stock groups for which the general obligation is insufficient to meet the agreed escapement objectives. (c) In 2014, the Commission will review the performance of the conservation program established by this Chapter to evaluate the effectiveness of, and continuing need for, the harvest measures taken for the AABM fisheries, including the provisions for application of paragraph 13. 7. The Parties agree: (a) to adopt total mortality management to constrain fisheries for Chinook salmon based on total fishing mortality, which is the sum of the landed catch and the associated incidental mortalitie
Appears in 1 contract
Sources: Treaty
Chinook Salmon. The provisions of this This Chapter shall apply for to the period 2009 from 2019 through 20182028 (the “Chapter Period”).
1. The Parties agree that:
(a) Chinook stocks that are subject to the Pacific Salmon this Treaty have varying levels of status with many being healthy and meeting goals for long-term production while others have been are identified as conservation concerns, including some in the U.S. Pacific Northwest that have been are listed under the U.S. Endangered Species ActAct (ESA) and some in Canada that are assessed to be at increasing risk of extinction;
(b) fishery management measures that are implemented under the this Treaty are intended to be appropriate for recovering, maintaining sustaining, and protecting Chinook salmon stocks in Canada and the United StatesU.S. and are responsive to changes in productivity of Chinook salmon stocks associated with environmental conditions;
(c) while fishing has contributed to the decline of many stocks of concernsome Chinook stocks, the continued depressed status of these Chinook stocks that are considered depressed generally reflects the long-term cumulative effects of other factors, particularly chronic habitat degradation, in some instances deleterious hatchery practices, and cyclic natural phenomena which may be exacerbated by climate changephenomena, and large scale environmental variability affecting both marine and freshwater habitats;
(d) successful Chinook conservation, restoration restoration, and harvest management depends on a sustained and bilaterally coordinated program of resource protection, restoration, enhancement, and utilization based uponon:
(i) science-based fishery management regimes that ▇▇▇▇▇▇ healthy and abundant Chinook stocks by contributing to the restoration and rebuilding of depressed natural stocks while providing sustainable opportunities to harvest opportunities on sustainably abundant stocks;natural stocks as well as abundant hatchery produced fish,
(ii) the implementation of protective and remedial actions identified in local and regional recovery planning processes that address non-fishing factors limiting that limit the abundance, productivity, genetic diversity diversity, or spatial structure of natural Chinook salmon stocks; and,
(iii) scientifically sound enhancement activities that provide mitigation to fisheries for habitat loss or degradation and/or degradation, or improve productivity through the appropriate use of artificial propagation and supplementation techniques, and
(iv) the continued modification of fisheries to maintain or increase the overall harvest rates exerted on hatchery-origin Chinook, where desirable, while simultaneously decreasing or maintaining limits on the overall mortality rates on natural-origin Chinook;
(e) a healthy and productive Chinook resource will impart imparts sustainable benefits for the fisheries of both Parties, contribute contributes other social, economic, and cultural benefits to the people of both Parties, and provide provides ecosystem benefits to other species;
(f) the harvest levels and other fishery management approaches used to target healthy natural and hatchery stocks while constraining impacts on depressed natural stocks, including various spatial and temporal fishery shaping measures that are bilaterally coordinated as necessary, coupled with improvements in fishery management programs prescribed or referenced referred to in this Chapter, are intended to complement recovery actions being that are undertaken in the fishing and non-fishing sectors in each countryCanada and the U.S.; and
(g) changes in ocean and freshwater conditions, stock-specific cohort survivals, stock abundances, and stock distribution are being observed. To the extent practical, the Parties shall consider these sources of uncertainty to avoid unwarranted escalation of Chinook mortalities.
2. The Parties shall:
(a) implement a comprehensive and coordinated Chinook fishery management program that:
(i) utilizes uses an abundance-based framework for managing to manage all Chinook fisheries that are subject to the Treaty;this Chapter,
(ii) continues is responsive to significant changes in the productivity of Chinook salmon stocks associated with environmental conditions,
(iii) uses harvest regimes based on annual estimates indices of abundance that are responsive to changes in production, that take into account all fishery induced mortalities mortalities, and that are designed to meet MSY maximum sustainable yield (MSY) or other agreed biologically-based numeric escapement and/or harvest or exploitation rate objectives; with the understanding that harvest rate management is designed to provide a desired range of escapements over time;, including those set out in Attachment I,
(iiiiv) contributes to the improvement in trends in spawning escapements of depressed Chinook salmon stocks and is consistent with improved Chinook salmon production;
(iv) seeks to sustain stocks at healthy and productive levels by ensuring that stocks achieve MSY or other agreed biologically-based escapement and/or harvest rate objectives;,
(v) considers the limitations of regulatory systems;, including the need for timely Commission decisions that are necessary for the Parties to cooperate in management,
(vi) seeks to preserve biological diversity of the Chinook salmon resource and contributes to the restoration of currently depressed stocks by improving the abundance, productivity, genetic diversity diversity, and spatial structure of stocks over time;,
(vii) specifies fishery management obligations for maintaining to maintain healthy stocks, rebuilding to rebuild depressed naturally spawning stocks stocks, and providing to provide a means for sharing the harvest and the conservation responsibility for Chinook salmon stocks coast-wide among between the Parties;,
(viii) develops additional biological information pursuant to an agreed a program of work and incorporates that information into the coastwide coast-wide management regime, and considers the latest scientific information developed in each countryParty’s recovery planning processes;,
(ix) includes procedures for changes in management agreed to by the Commission based on scientific advice provided by the Chinook Technical Committee (CTC); and
(x) includes a commitment to discuss within the Commission significant management changes changes9 that a Party is considering that may alter the stock or age composition and incidental mortality of a fishery regime’s catch;
(b) maintain a joint Chinook Technical Committee (the “CTC”) reporting). The CTC shall report, unless the Parties otherwise agreeddecide, to the Pacific Salmon Commission, which . The CTC shall, inter alia:
(i) evaluate management actions for their consistency with measures set out in this Chapter, and for their potential effectiveness in attaining the specified objectives;
(ii) report annually on catches, harvest rate indices, estimates of incidental mortality and exploitation rates for all Chinook fisheries and stocks harvested within the Treaty area;
(iii) report annually on the escapement of naturally spawning Chinook stocks in relation to the agreed escapement objectives referred to below, evaluate trends in the status of stocks and report on progress in the rebuilding of naturally spawning Chinook stocks;
(iv) evaluate and review existing escapement objectives that fishery management agencies have set for Chinook stocks subject to this Chapter for consistency with MSY or other agreed biologically-based escapement goals and, where needed, recommend goals for naturally spawning Chinook stocks that are consistent with the intent of this Chapter;
(v) recommend standards for the minimum assessment program required to effectively implement this Chapter, provide information on stock assessments relative to these standards and recommend to the Commission any needed improvements in stock assessments;
(vi) review effects of enhancement programs on abundance-based management regimes and recommend strategies for the effective utilization of enhanced stocks;
(vii) recommend research projects, and their associated costs, required to implement this Chapter effectively;
(viii) exchange information necessary to analyze the effectiveness of alternative fishery regulatory measures to satisfy conservation objectives;
(ix) provide a yearly report to the Commission that details the progress in assessment and monitoring for each stock in the Sentinel Stocks Program;
(x) provide a yearly report to the Commission that details the progress in implementing improvements to the CWT program in the Treaty area as a result of recommendations from the CWT workgroup;
(xi) provide a yearly report to the Commission that compiles information from the management agencies regarding the conduct and stock specific impacts of any ▇▇▇▇-selective fisheries for Chinook in the Treaty area, pending bilateral resolution of outstanding technical issues (e.g., methods for estimating incidental mortalities); and
(xii) undertake specific assignments such as those described in Appendix A to this Chapter;
3. Subject to the provision of funding by the Parties ($7.5 million ($C) from Canada and $41.5 million (U.S.) from the United States) for the specific purposes and in the amounts identified in this paragraph and paragraphs 4 and 5, below, and a commitment of $10 million (U.S.) ($2.0 million (U.S.)per year for five years, beginning in 2009) from the Northern Boundary and Transboundary Rivers Restoration and Enhancement Fund and the Southern Boundary Restoration and Enhancement Fund by the Northern Fund Committee and the Southern Fund Committee, respectively, the Parties agree:
(a) to implement through their respective domestic management authorities a five-year research program (Sentinel Stocks Program) utilizing approximately $2.0 million (U.S.) annually provided by the Northern and Southern Funds as follows:
(i) the purpose of the program shall be to improve the estimates of escapements of selected Chinook populations in British Columbia, Washington State and Oregon;
(ii) the Commission shall select a bilateral body of scientists to recommend to the Commission and the Fund Committees how best to utilize these funds for the purposes identified herein;
(iii) the program shall focus on estimating the escapements of a limited number of stocks consistent with standards to be developed by the bilateral CTC; and
(iv) stocks shall include a limited number of escapement indicator stocks for the North Oregon coast, Puget Sound (one of which shall be the Stillaguamish River), west coast of Vancouver Island, northern British Columbia and Fraser River;
(b) to provide $7.5 million each in their respective currencies, subject to the availability of funds to implement over a five year period beginning no later than 2010 within their respective jurisdictions critical improvements to the coast wide coded wire tagging program operated by their respective management agencies. The Commission shall select a bilateral body to recommend funding of specific action items identified in the Pacific Salmon Commission Technical Report Number 25 that are priority uses of these funds to improve the precision and accuracy of statistics such as abundance, exploitation rates, survival estimates, etc. for Chinook salmon used by the CTC in support of this Chapter; and
(c) that up to $1.0 million (U.S.) would be made available by the United States Section (using funds appropriated by Congress to implement the U.S. Chinook Salmon Agreement) to implement over a two year period beginning in 2009, with guidance from the CTC, specific measures to improve the bilateral Chinook model and related management tools used by the CTC to support implementation of this Chapter.
4. The Parties agree that $30 million (U.S.) of the funding to be provided by the United States identified in paragraph 3, above, is to be made available to Canada to assist in the implementation of this Chapter. Specifically, $15 million (U.S.) is to be provided in each of two U.S. fiscal years from 2009 to 2011, inclusive, or sooner (for a total of $30 million U.S.), with the following understandings:
(a) the bulk of this funding would be used by Canada for a fishery mitigation program designed, among other purposes, to reduce effort in its commercial salmon troll fishery; and
(b) Canada will inform the Commission as to how this funding was utilized in support of the mitigation program within two years of receiving such funding.
5. The Parties agree that the feasibility and effectiveness of ▇▇▇▇-selective fisheries warrant continuing investigation and evaluation and, if pursued, should occur subject to the following conditions and/or understandings, as applicable:
(a) ▇▇▇▇-selective fisheries for Chinook will be conducted in a manner that reduces fishery impacts on natural spawning salmon relative to non-selective fishing alternatives;
(b) if Canada decides to experiment in 2009 and 2010 with ▇▇▇▇- selective fisheries for Chinook and funding is provided by the United States for this purpose, the affected management authorities will collaborate with the Selective Fisheries Evaluation Committee (SFEC) on the design of an appropriate monitoring program;
(c) ▇▇▇▇-selective fisheries implemented by either Party that affect stocks subject to the Pacific Salmon Treaty will be sampled, monitored and reported in accordance with applicable protocols recommended by the SFEC and adopted by the Commission; and the SFEC will facilitate the annual exchange of information regarding the conduct of ▇▇▇▇-selective fisheries, including estimates of catches of mass-marked hatchery Chinook; and
(d) it is understood that the evaluation of ▇▇▇▇-selective fisheries in Canada may be subject to funding or other assistance provided by the State of Washington (with support as appropriate from the United States) in an amount not to exceed $3 million (U.S.), an amount that is included in the United States funding amount identified in paragraph 3, above, with such funding subject to the obtaining of specific legislative authority as may be required and the availability of funds.
6. The Parties agree to implement, beginning in 2009 and extending through 2018, an abundance-based coast-wide Chinook salmon management regime to meet the objectives set forth in paragraph 2(a) above, under which fishery regimes shall be classified as aggregate abundance-based management regimes (“AABM”) or individual stock-based management regimes (“ISBM”):
(a) an AABM fishery is an abundance-based regime that constrains catch or total mortality to a numerical limit computed from either a pre-season forecast or an in-season estimate of abundance, from which a harvest rate index can be calculated, expressed as a proportion of the 1979 to 1982 base period. The following regimes will be managed under an AABM regime:
(i) southeast Alaska (SEAK) sport, net and troll;
(ii) Northern British Columbia (NBC) troll (Pacific Fishery Management Areas 1-5, 101-105 and 142) and Queen Charlotte Islands (QCI) sport (Pacific Fishery Management Areas 1-2, 101, 102 and 142); and
(iii) west coast of Vancouver Island (WCVI) troll (Pacific Fishery Management Areas 21, 23-27, and PFMA 121, 123-127) and outside sport (also Pacific Fishery Management Areas 21, 23-27, and 121, 123-127 but with additional time and area specifications which distinguish WCVI outside sport from inside sport)9;
(b) an ISBM fishery is an abundance-based regime that constrains to a numerical limit the total catch or the total adult equivalent mortality rate within the fisheries of a jurisdiction for a naturally spawning Chinook salmon stock or stock group. ISBM management regimes apply to all Chinook salmon fisheries subject to the Treaty that are not AABM fisheries. The obligations applicable to ISBM fisheries are:
(i) a general obligation as set out in paragraph 8(c) for all ISBM fisheries which include, but are not necessarily limited to: northern British Columbia marine net and coastal sport (excluding Queen Charlotte Islands), and freshwater sport and net; central British Columbia marine net, sport and troll and freshwater sport and net; southern British Columbia marine net, troll and sport and freshwater sport and net; West Coast of Vancouver Island inside marine sport and net and freshwater sport and net; south Puget Sound marine net and sport and freshwater sport and net; north Puget Sound marine net and sport and freshwater sport and net; ▇▇▇▇ ▇▇ ▇▇▇▇ Pacific Fishery Management Areas (PFMA) 21, 23, 24 inside the Canadian “surfline” and PFMA 121, 123, 124 during the period October 16 through July 31, plus that portion of PFMA 21, 121, 123, 124 outside of a line generally one nautical mile seaward from the shoreline or existing Department of Fisheries and Oceans surfline, during the period August 1 through October 15. PFMA 25, 26, 27 inside the Canadian “surfline” and PFMA 125, 126, 127 during the period October 16 through June 30, plus that portion of PFMA 125, 126, 127 outside of a line generally one nautical mile seaward from the shoreline or existing Department of Fisheries and Oceans surfline, for the period July 1 through October 15. marine net, troll and sport and freshwater sport and net; Washington Coastal marine net, troll and sport and freshwater sport and net; Washington Ocean marine troll and sport; Columbia River net and sport; Oregon marine net, sport and troll, and freshwater sport; Idaho (Snake River Basin) freshwater sport and net; and
(ii) an additional obligation as set out in paragraph 8(c) for those stock groups for which the general obligation is insufficient to meet the agreed escapement objectives.
(c) In 2014, the Commission will review the performance of the conservation program established by this Chapter to evaluate the effectiveness of, and continuing need for, the harvest measures taken for the AABM fisheries, including the provisions for application of paragraph 13.
7. The Parties agree:
(a) to adopt total mortality management to constrain fisheries for Chinook salmon based on total fishing mortality, which is the sum of the landed catch and the associated incidental mortalitie
Appears in 1 contract
Sources: Treaty
Chinook Salmon. The provisions of this This Chapter shall apply for to the period 2009 from 2019 through 20182028 (the “Chapter Period”).
1. The Parties agree that:
(a) Chinook stocks that are subject to the Pacific Salmon this Treaty have varying levels of status with many being healthy and meeting goals for long-term production while others have been are identified as conservation concerns, including some in the U.S. Pacific Northwest that have been are listed under the U.S. Endangered Species ActAct (ESA) and some in Canada that are assessed to be at increasing risk of extinction;
(b) fishery management measures that are implemented under the this Treaty are intended to be appropriate for recovering, maintaining sustaining, and protecting Chinook salmon stocks in Canada and the United StatesU.S. and are responsive to changes in productivity of Chinook salmon stocks associated with environmental conditions;
(c) while fishing has contributed to the decline of many stocks of concernsome Chinook stocks, the continued depressed status of these Chinook stocks that are considered depressed generally reflects the long-term cumulative effects of other factors, particularly chronic habitat degradation, in some instances deleterious hatchery practices, and cyclic natural phenomena which may be exacerbated by climate changephenomena, and large scale environmental variability affecting both marine and freshwater habitats;
(d) successful Chinook conservation, restoration restoration, and harvest management depends on a sustained and bilaterally coordinated program of resource protection, restoration, enhancement, and utilization based uponon:
(i) science-based fishery management regimes that ▇▇▇▇▇▇ healthy and abundant Chinook stocks by contributing to the restoration and rebuilding of depressed natural stocks while providing sustainable opportunities to harvest opportunities on sustainably abundant stocks;natural stocks as well as abundant hatchery produced fish,
(ii) the implementation of protective and remedial actions identified in local and regional recovery planning processes that address non-fishing factors limiting that limit the abundance, productivity, genetic diversity diversity, or spatial structure of natural Chinook salmon stocks; and,
(iii) scientifically sound enhancement activities that provide mitigation to fisheries for habitat loss or degradation and/or degradation, or improve productivity through the appropriate use of artificial propagation and supplementation techniques, and
(iv) the continued modification of fisheries to maintain or increase the overall harvest rates exerted on hatchery-origin Chinook, where desirable, while simultaneously decreasing or maintaining limits on the overall mortality rates on natural-origin Chinook;
(e) a healthy and productive Chinook resource will impart imparts sustainable benefits for the fisheries of both Parties, contribute contributes other social, economic, and cultural benefits to the people of both Parties, and provide provides ecosystem benefits to other species;
(f) the harvest levels and other fishery management approaches used to target healthy natural and hatchery stocks while constraining impacts on depressed natural stocks, including various spatial and temporal fishery shaping measures that are bilaterally coordinated as necessary, coupled with improvements in fishery management programs prescribed or referenced referred to in this Chapter, are intended to complement recovery actions being that are undertaken in the fishing and non-fishing sectors in each countryCanada and the U.S.; and
(g) changes in ocean and freshwater conditions, stock-specific cohort survivals, stock abundances, and stock distribution are being observed. To the extent practical, the Parties shall consider these sources of uncertainty to avoid unwarranted escalation of Chinook mortalities.
2. The Parties shall:
(a) implement a comprehensive and coordinated Chinook fishery management program that:
(i) utilizes uses an abundance-based framework for managing to manage all Chinook fisheries that are subject to the Treaty;this Chapter,
(ii) continues is responsive to significant changes in the productivity of Chinook salmon stocks associated with environmental conditions,
(iii) uses harvest regimes based on annual estimates indices of abundance that are responsive to changes in production, that take into account all fishery induced mortalities mortalities, and that are designed to meet MSY maximum sustainable yield (MSY) or other agreed biologically-based numeric escapement and/or harvest or exploitation rate objectives; with the understanding that harvest rate management is designed to provide a desired range of escapements over time;, including those set out in Attachment I,
(iiiiv) contributes to the improvement in trends in spawning escapements of depressed Chinook salmon stocks and is consistent with improved Chinook salmon production;
(iv) seeks to sustain stocks at healthy and productive levels by ensuring that stocks achieve MSY or other agreed biologically-based escapement and/or harvest rate objectives;,
(v) considers the limitations of regulatory systems;, including the need for timely Commission decisions that are necessary for the Parties to cooperate in management,
(vi) seeks to preserve biological diversity of the Chinook salmon resource and contributes to the restoration of currently depressed stocks by improving the abundance, productivity, genetic diversity diversity, and spatial structure of stocks over time;,
(vii) specifies fishery management obligations for maintaining to maintain healthy stocks, rebuilding to rebuild depressed naturally spawning stocks stocks, and providing to provide a means for sharing the harvest and the conservation responsibility for Chinook salmon stocks coast-wide among between the Parties;,
(viii) develops additional biological information pursuant to an agreed a program of work and incorporates that information into the coastwide coast-wide management regime, and considers the latest scientific information developed in each countryParty’s recovery planning processes;,
(ix) includes procedures for changes in management agreed to by the Commission based on scientific advice provided by the Chinook Technical Committee (CTC); and
(x) includes a commitment to discuss within the Commission significant management changes changes9 that a Party is considering that may alter the stock or age composition and incidental mortality of a fishery regime’s catch;
(b) maintain a joint Chinook Technical Committee (the “CTC”) reporting, unless otherwise agreed, to the Pacific Salmon Commission, which shall, inter alia:
(i) evaluate management actions for their consistency with measures set out in this Chapter, and for their potential effectiveness in attaining the specified objectives;
(ii) report annually on catches, harvest rate indices, estimates of incidental mortality and exploitation rates for all Chinook fisheries and stocks harvested within the Treaty area;
(iii) report annually on the escapement of naturally spawning Chinook stocks in relation to the agreed escapement objectives referred to below, evaluate trends in the status of stocks and report on progress in the rebuilding of naturally spawning Chinook stocks;
(iv) evaluate and review existing escapement objectives that fishery management agencies have set for Chinook stocks subject to this Chapter for consistency with MSY or other agreed biologically-based escapement goals and, where needed, recommend goals for naturally spawning Chinook stocks that are consistent with the intent of this Chapter;
(v) recommend standards for the minimum assessment program required to effectively implement this Chapter, provide information on stock assessments relative to these standards and recommend to the Commission any needed improvements in stock assessments;
(vi) review effects of enhancement programs on abundance-based management regimes and recommend strategies for the effective utilization of enhanced stocks;
(vii) recommend research projects, and their associated costs, required to implement this Chapter effectively;
(viii) exchange information necessary to analyze the effectiveness of alternative fishery regulatory measures to satisfy conservation objectives;
(ix) provide a yearly report to the Commission that details the progress in assessment and monitoring for each stock in the Sentinel Stocks Program;
(x) provide a yearly report to the Commission that details the progress in implementing improvements to the CWT program in the Treaty area as a result of recommendations from the CWT workgroup;
(xi) provide a yearly report to the Commission that compiles information from the management agencies regarding the conduct and stock specific impacts of any ▇▇▇▇-selective fisheries for Chinook in the Treaty area, pending bilateral resolution of outstanding technical issues (e.g., methods for estimating incidental mortalities); and
(xii) undertake specific assignments such as those described in Appendix A to this Chapter;
3. Subject to the provision of funding by the Parties ($7.5 million ($C) from Canada and $41.5 million (U.S.) from the United States) for the specific purposes and in the amounts identified in this paragraph and paragraphs 4 and 5, below, and a commitment of $10 million (U.S.) ($2.0 million (U.S.)per year for five years, beginning in 2009) from the Northern Boundary and Transboundary Rivers Restoration and Enhancement Fund and the Southern Boundary Restoration and Enhancement Fund by the Northern Fund Committee and the Southern Fund Committee, respectively, the Parties agree:
(a) to implement through their respective domestic management authorities a five-year research program (Sentinel Stocks Program) utilizing approximately $2.0 million (U.S.) annually provided by the Northern and Southern Funds as follows:
(i) the purpose of the program shall be to improve the estimates of escapements of selected Chinook populations in British Columbia, Washington State and Oregon;
(ii) the Commission shall select a bilateral body of scientists to recommend to the Commission and the Fund Committees how best to utilize these funds for the purposes identified herein;
(iii) the program shall focus on estimating the escapements of a limited number of stocks consistent with standards to be developed by the bilateral CTC; and
(iv) stocks shall include a limited number of escapement indicator stocks for the North Oregon coast, Puget Sound (one of which shall be the Stillaguamish River), west coast of Vancouver Island, northern British Columbia and Fraser River;
(b) to provide $7.5 million each in their respective currencies, subject to the availability of funds to implement over a five year period beginning no later than 2010 within their respective jurisdictions critical improvements to the coast wide coded wire tagging program operated by their respective management agencies. The Commission shall select a bilateral body to recommend funding of specific action items identified in the Pacific Salmon Commission Technical Report Number 25 that are priority uses of these funds to improve the precision and accuracy of statistics such as abundance, exploitation rates, survival estimates, etc. for Chinook salmon used by the CTC in support of this Chapter; and
(c) that up to $1.0 million (U.S.) would be made available by the United States Section (using funds appropriated by Congress to implement the U.S. Chinook Salmon Agreement) to implement over a two year period beginning in 2009, with guidance from the CTC, specific measures to improve the bilateral Chinook model and related management tools used by the CTC to support implementation of this Chapter.
4. The Parties agree that $30 million (U.S.) of the funding to be provided by the United States identified in paragraph 3, above, is to be made available to Canada to assist in the implementation of this Chapter. Specifically, $15 million (U.S.) is to be provided in each of two U.S. fiscal years from 2009 to 2011, inclusive, or sooner (for a total of $30 million U.S.), with the following understandings:
(a) the bulk of this funding would be used by Canada for a fishery mitigation program designed, among other purposes, to reduce effort in its commercial salmon troll fishery; and
(b) Canada will inform the Commission as to how this funding was utilized in support of the mitigation program within two years of receiving such funding.
5. The Parties agree that the feasibility and effectiveness of ▇▇▇▇-selective fisheries warrant continuing investigation and evaluation and, if pursued, should occur subject to the following conditions and/or understandings, as applicable:
(a) ▇▇▇▇-selective fisheries for Chinook will be conducted in a manner that reduces fishery impacts on natural spawning salmon relative to non-selective fishing alternatives;
(b) if Canada decides to experiment in 2009 and 2010 with ▇▇▇▇- selective fisheries for Chinook and funding is provided by the United States for this purpose, the affected management authorities will collaborate with the Selective Fisheries Evaluation Committee (SFEC) on the design of an appropriate monitoring program;
(c) ▇▇▇▇-selective fisheries implemented by either Party that affect stocks subject to the Pacific Salmon Treaty will be sampled, monitored and reported in accordance with applicable protocols recommended by the SFEC and adopted by the Commission; and the SFEC will facilitate the annual exchange of information regarding the conduct of ▇▇▇▇-selective fisheries, including estimates of catches of mass-marked hatchery Chinook; and
(d) it is understood that the evaluation of ▇▇▇▇-selective fisheries in Canada may be subject to funding or other assistance provided by the State of Washington (with support as appropriate from the United States) in an amount not to exceed $3 million (U.S.), an amount that is included in the United States funding amount identified in paragraph 3, above, with such funding subject to the obtaining of specific legislative authority as may be required and the availability of funds.
6. The Parties agree to implement, beginning in 2009 and extending through 2018, an abundance-based coast-wide Chinook salmon management regime to meet the objectives set forth in paragraph 2(a) above, under which fishery regimes shall be classified as aggregate abundance-based management regimes (“AABM”) or individual stock-based management regimes (“ISBM”):
(a) an AABM fishery is an abundance-based regime that constrains catch or total mortality to a numerical limit computed from either a pre-season forecast or an in-season estimate of abundance, from which a harvest rate index can be calculated, expressed as a proportion of the 1979 to 1982 base period. The following regimes will be managed under an AABM regime:
(i) southeast Alaska (SEAK) sport, net and troll;
(ii) Northern British Columbia (NBC) troll (Pacific Fishery Management Areas 1-5, 101-105 and 142) and Queen Charlotte Islands (QCI) sport (Pacific Fishery Management Areas 1-2, 101, 102 and 142); and
(iii) west coast of Vancouver Island (WCVI) troll (Pacific Fishery Management Areas 21, 23-27, and PFMA 121, 123-127) and outside sport (also Pacific Fishery Management Areas 21, 23-27, and 121, 123-127 but with additional time and area specifications which distinguish WCVI outside sport from inside sport)9;
(b) an ISBM fishery is an abundance-based regime that constrains to a numerical limit the total catch or the total adult equivalent mortality rate within the fisheries of a jurisdiction for a naturally spawning Chinook salmon stock or stock group. ISBM management regimes apply to all Chinook salmon fisheries subject to the Treaty that are not AABM fisheries. The obligations applicable to ISBM fisheries are:
(i) a general obligation as set out in paragraph 8(c) for all ISBM fisheries which include, but are not necessarily limited to: northern British Columbia marine net and coastal sport (excluding Queen Charlotte Islands), and freshwater sport and net; central British Columbia marine net, sport and troll and freshwater sport and net; southern British Columbia marine net, troll and sport and freshwater sport and net; West Coast of Vancouver Island inside marine sport and net and freshwater sport and net; south Puget Sound marine net and sport and freshwater sport and net; north Puget Sound marine net and sport and freshwater sport and net; ▇▇▇▇ ▇▇ ▇▇▇▇ Pacific Fishery Management Areas (PFMA) 21, 23, 24 inside the Canadian “surfline” and PFMA 121, 123, 124 during the period October 16 through July 31, plus that portion of PFMA 21, 121, 123, 124 outside of a line generally one nautical mile seaward from the shoreline or existing Department of Fisheries and Oceans surfline, during the period August 1 through October 15. PFMA 25, 26, 27 inside the Canadian “surfline” and PFMA 125, 126, 127 during the period October 16 through June 30, plus that portion of PFMA 125, 126, 127 outside of a line generally one nautical mile seaward from the shoreline or existing Department of Fisheries and Oceans surfline, for the period July 1 through October 15. marine net, troll and sport and freshwater sport and net; Washington Coastal marine net, troll and sport and freshwater sport and net; Washington Ocean marine troll and sport; Columbia River net and sport; Oregon marine net, sport and troll, and freshwater sport; Idaho (Snake River Basin) freshwater sport and net; and
(ii) an additional obligation as set out in paragraph 8(c) for those stock groups for which the general obligation is insufficient to meet the agreed escapement objectives.
(c) In 2014, the Commission will review the performance of the conservation program established by this Chapter to evaluate the effectiveness of, and continuing need for, the harvest measures taken for the AABM fisheries, including the provisions for application of paragraph 13.
7. The Parties agree:
(a) to adopt total mortality management to constrain fisheries for Chinook salmon based on total fishing mortality, which is the sum of the landed catch and the associated incidental mortalitie
Appears in 1 contract
Sources: Treaty
Chinook Salmon. The provisions of this Chapter shall apply for the period 2009 through 2018.
1. The Parties agree that:
(a) Chinook stocks subject to the Pacific Salmon Treaty have varying levels of status with many being healthy and meeting goals for long-long- term production while others have been identified as conservation concerns, including some in the U.S. Pacific Northwest that have been listed under the U.S. Endangered Species Act;
(b) fishery management measures implemented under the Treaty are appropriate for recovering, maintaining and protecting salmon stocks in Canada and the United States;
(c) while fishing has contributed to the decline of many stocks of concern, the continued depressed status of these stocks generally reflects the long-term cumulative effects of other factors, particularly chronic habitat degradation, in some instances deleterious hatchery practices, and cyclic natural phenomena which may be exacerbated by climate change;
(d) successful Chinook conservation, restoration and harvest management depends on a sustained and bilaterally coordinated program of resource protection, restoration, enhancement, and utilization based upon:
(i) science-based fishery management regimes that ▇▇▇▇▇▇ healthy and abundant Chinook stocks by contributing to the restoration and rebuilding of depressed natural stocks while providing sustainable harvest opportunities on abundant stocks;
(ii) implementation of protective and remedial actions identified in local and regional recovery planning processes that address non-fishing factors limiting the abundance, productivity, genetic diversity or spatial structure of natural salmon stocks; and
(iii) scientifically sound enhancement activities that provide mitigation to fisheries for habitat loss or degradation and/or improve productivity through the appropriate use of artificial propagation and supplementation techniques;
(e) a healthy and productive Chinook resource will impart sustainable benefits for the fisheries of both Parties, contribute other social, economic, and cultural benefits to the people of both Parties, and provide ecosystem benefits to other species;
(f) the harvest levels and other fishery management approaches to target healthy natural and hatchery stocks while constraining impacts on depressed natural stocks, including various spatial and temporal fishery shaping measures that are bilaterally coordinated as necessary, coupled with improvements in fishery management programs prescribed or referenced in this Chapter, are intended to complement recovery actions being undertaken in the fishing and non-fishing sectors in each country.
2. The Parties shall:
(a) implement a comprehensive and coordinated Chinook fishery management program that:
(i) utilizes an abundance-based framework for managing all Chinook fisheries subject to the Treaty;
(ii) continues harvest regimes based on annual estimates of abundance that are responsive to changes in production, take into account all fishery induced mortalities and designed to meet MSY or other agreed biologically-based escapement and/or harvest rate objectives; with the understanding that harvest rate management is designed to provide a desired range of escapements over time;
(iii) contributes to the improvement in trends in spawning escapements of depressed Chinook salmon stocks and is consistent with improved salmon production;
(iv) seeks to sustain stocks at healthy and productive levels by ensuring that stocks achieve MSY or other agreed biologically-based escapement and/or harvest rate objectives;
(v) considers the limitations of regulatory systems;
(vi) seeks to preserve biological diversity of the Chinook resource and contributes to restoration of currently depressed stocks by improving the abundance, productivity, genetic diversity and spatial structure of stocks over time;
(vii) specifies fishery management obligations for maintaining healthy stocks, rebuilding depressed naturally spawning stocks and providing a means for sharing the harvest and the conservation responsibility for Chinook stocks coast-wide among the Parties;
(viii) develops additional biological information pursuant to an agreed program of work and incorporates that information into the coastwide management regime, and considers the latest scientific information developed in each country’s recovery planning processes;
(ix) includes procedures for changes in management agreed to by the Commission based on scientific advice provided by the Chinook Technical Committee (CTC); and
(x) includes a commitment to discuss within the Commission significant management changes that a Party is considering that may alter the stock or age composition of a fishery regime’s catch;
(b) maintain a joint Chinook Technical Committee (the “CTC”) reporting, unless otherwise agreed, to the Pacific Salmon Commission, which shall, inter alia,:
(i) evaluate management actions for their consistency with measures set out in this Chapter, and for their potential effectiveness in attaining the specified objectives;
(ii) report annually on catches, harvest rate indices, estimates of incidental mortality and exploitation rates for all Chinook fisheries and stocks harvested within the Treaty area;
(iii) report annually on the escapement of naturally spawning Chinook stocks in relation to the agreed escapement objectives referred to below, evaluate trends in the status of stocks and report on progress in the rebuilding of naturally spawning Chinook stocks;
(iv) evaluate and review existing escapement objectives that fishery management agencies have set for Chinook stocks subject to this Chapter for consistency with MSY or other agreed biologically-based escapement goals and, where needed, recommend goals for naturally spawning Chinook stocks that are consistent with the intent of this Chapter;
(v) recommend standards for the minimum assessment program required to effectively implement this Chapter, provide information on stock assessments relative to these standards and recommend to the Commission any needed improvements in stock assessments;
(vi) review effects of enhancement programs on abundance-based management regimes and recommend strategies for the effective utilization of enhanced stocks;
(vii) recommend research projects, and their associated costs, required to implement this Chapter effectively;
(viii) exchange information necessary to analyze the effectiveness of alternative fishery regulatory measures to satisfy conservation objectives;
(ix) provide a yearly report to the Commission that details the progress in assessment and monitoring for each stock in the Sentinel Stocks Program;
(x) provide a yearly report to the Commission that details the progress in implementing improvements to the CWT program in the Treaty treaty area as a result of recommendations from the CWT workgroup;
(xi) provide a yearly report to the Commission that compiles information from the management agencies regarding the conduct and stock specific impacts of any ▇▇▇▇-selective mark-selective fisheries for Chinook in the Treaty treaty area, pending bilateral resolution of outstanding technical issues (e.g., methods for estimating incidental mortalities); and
(xii) undertake specific assignments such as those described in Appendix A to this Chapter;
3. Subject to the provision of funding by the Parties ($7.5 million ($C) from Canada and $41.5 million (U.S.) from the United States) for the specific purposes and in the amounts identified in this paragraph and paragraphs 4 and 5, below, and a commitment of $10 million (U.S.) ($2.0 million (U.S.)per year for five years, beginning in 2009) from the Northern Boundary and Transboundary Rivers Restoration and Enhancement Fund and the Southern Boundary Restoration and Enhancement Fund by the Northern Fund Committee and the Southern Fund Committee, respectively, the Parties agree:
(a) to implement through their respective domestic management authorities a five-year research program (Sentinel Stocks Program) utilizing approximately $2.0 million (U.S.) annually provided by the Northern and Southern Funds as follows:
(i) the purpose of the program shall be to improve the estimates of escapements of selected Chinook populations in British Columbia, Washington State and Oregon;
(ii) the Commission shall select a bilateral body of scientists to recommend to the Commission and the Fund Committees how best to utilize these funds for the purposes identified herein;
(iii) the program shall focus on estimating the escapements of a limited number of stocks consistent with standards to be developed by the bilateral CTC; and
(iv) stocks shall include a limited number of escapement indicator stocks for the North Oregon coast, Puget Sound (one of which shall be the Stillaguamish River), west coast of Vancouver Island, northern British Columbia and Fraser River;
(b) to provide $7.5 million each in their respective currencies, subject to the availability of funds to implement over a five year period beginning no later than 2010 within their respective jurisdictions critical improvements to the coast wide coded wire tagging program operated by their respective management agencies. The Commission shall select a bilateral body to recommend funding of specific action items identified in the Pacific Salmon Commission Technical Report Number 25 that are priority uses of these funds to improve the precision and accuracy of statistics such as abundance, exploitation rates, survival estimates, etc. for Chinook salmon used by the CTC in support of this Chapter; and
(c) that up to $1.0 million (U.S.) would be made available by the United States Section (using funds appropriated by Congress to implement the U.S. Chinook Salmon Agreement) to implement over a two year period beginning in 2009, with guidance from the CTC, specific measures to improve the bilateral Chinook model and related management tools used by the CTC to support implementation of this Chapter.
4. The Parties agree that $30 million (U.S.) of the funding to be provided by the United States identified in paragraph 3, above, is to be made available to Canada to assist in the implementation of this Chapter. Specifically, $15 million (U.S.) is to be provided in each of two U.S. fiscal years from 2009 to 2011, inclusive, or sooner (for a total of $30 million U.S.), with the following understandings:
(a) the bulk of this funding would be used by Canada for a fishery mitigation program designed, among other purposes, to reduce effort in its commercial salmon troll fishery; and
(b) Canada will inform the Commission as to how this funding was utilized in support of the mitigation program within two years of receiving such funding.
5. The Parties agree that the feasibility and effectiveness of ▇▇▇▇-selective mark-selective fisheries warrant continuing investigation and evaluation and, if pursued, should occur subject to the following conditions and/or understandings, as applicable:
(a) ▇▇▇▇-selective mark-selective fisheries for Chinook will be conducted in a manner that reduces fishery impacts on natural spawning salmon relative to non-non- selective fishing alternatives;
(b) if Canada decides to experiment in 2009 and 2010 with ▇▇▇▇- mark-selective fisheries for Chinook and funding is provided by the United States for this purpose, the affected management authorities will collaborate with the Selective Fisheries Evaluation Committee (SFEC) on the design of an appropriate monitoring program;
(c) ▇▇▇▇-selective mark-selective fisheries implemented by either Party that affect stocks subject to the Pacific Salmon Treaty will be sampled, monitored and reported in accordance with applicable protocols recommended by the SFEC and adopted by the Commission; and the SFEC will facilitate the annual exchange of information regarding the conduct of ▇▇▇▇-selective mark- selective fisheries, including estimates of catches of mass-marked hatchery Chinook; and
(d) it is understood that the evaluation of ▇▇▇▇-selective mark-selective fisheries in Canada may be subject to funding or other assistance provided by the State of Washington (with support as appropriate from the United States) in an amount not to exceed $3 million (U.S.), an amount that is included in the United States funding amount identified in paragraph 3, above, with such funding subject to the obtaining of specific legislative authority as may be required and the availability of funds.
6. The Parties agree to implement, beginning in 2009 and extending through 2018, an abundance-based coast-wide Chinook salmon management regime to meet the objectives set forth in paragraph 2(a) above, under which fishery regimes shall be classified as aggregate abundance-based management regimes (“AABM”) or individual stock-based management regimes (“ISBM”):
(a) an AABM fishery is an abundance-based regime that constrains catch or total mortality to a numerical limit computed from either a pre-pre- season forecast or an in-season estimate of abundance, from which a harvest rate index can be calculated, expressed as a proportion of the 1979 to 1982 base period. The following regimes will be managed under an AABM regime:
(i) southeast Alaska (SEAK) sport, net and troll;
(ii) Northern British Columbia (NBC) troll (Pacific Fishery Management Areas 1-5, 101-105 and 142) and Queen Charlotte Islands (QCI) sport (Pacific Fishery Management Areas 1-2, 101, 102 and 142); and
(iii) west coast of Vancouver Island (WCVI) troll (Pacific Fishery Management Areas 21, 23-27, and PFMA 121, 123-127) and outside sport (also Pacific Fishery Management Areas 21, 23-23- 27, and 121, 123-127 but with additional time and area specifications which distinguish WCVI outside sport from inside sport)9;sport);9
(b) an ISBM fishery is an abundance-based regime that constrains to a numerical limit the total catch or the total adult equivalent mortality rate within the fisheries of a jurisdiction for a naturally spawning Chinook salmon stock or stock group. ISBM management regimes apply to all Chinook salmon fisheries subject to the Treaty that are not AABM fisheries. The obligations applicable to ISBM fisheries are:
(i) a general obligation as set out in paragraph 8(c) for all ISBM fisheries which include, but are not necessarily limited to: northern British Columbia marine net and coastal sport (excluding Queen Charlotte Islands), and freshwater sport and net; central British Columbia marine net, sport and troll and freshwater sport and net; southern British Columbia marine net, troll and sport and freshwater sport and net; West Coast of Vancouver Island inside marine sport and net and freshwater sport and net; south Puget Sound marine net and sport and freshwater sport and net; north Puget Sound marine net and sport and freshwater sport and net; ▇▇▇▇ ▇▇ ▇▇▇▇ marine net, troll and sport and freshwater sport and net; Washington Coastal marine net, troll and sport and freshwater sport and net; Washington Ocean marine troll and sport; Columbia River net and sport; Oregon marine net, sport and troll, and freshwater sport; Idaho (Snake River Basin) freshwater sport and net; and 9 The part of the West Coast Vancouver Island Chinook salmon sport fishery included in the WCVI AABM Chinook salmon fishery includes: Pacific Fishery Management Areas (PFMA) 21, 23, 24 inside the Canadian “surfline” and PFMA 121, 123, 124 during the period October 16 through July 31, plus that portion of PFMA 21, 121, 123, 124 outside of a line generally one nautical mile seaward from the shoreline or existing Department of Fisheries and Oceans surfline, during the period August 1 through October 15. PFMA 25, 26, 27 inside the Canadian “surfline” and PFMA 125, 126, 127 during the period October 16 through June 30, plus that portion of PFMA 125, 126, 127 outside of a line generally one nautical mile seaward from the shoreline or existing Department of Fisheries and Oceans surfline, for the period July 1 through October 15. marine net, troll and sport and freshwater sport and net; Washington Coastal marine net, troll and sport and freshwater sport and net; Washington Ocean marine troll and sport; Columbia River net and sport; Oregon marine net, sport and troll, and freshwater sport; Idaho (Snake River Basin) freshwater sport and net; and.
(ii) an additional obligation as set out in paragraph 8(c) for those stock groups for which the general obligation is insufficient to meet the agreed escapement objectives.
(c) In 2014, the Commission will review the performance of the conservation program established by this Chapter to evaluate the effectiveness of, and continuing need for, the harvest measures taken for the AABM fisheries, including the provisions for application of paragraph 13.
7. The Parties agree:
(a) to adopt total mortality management to constrain fisheries for Chinook salmon based on total fishing mortality, which is the sum of the landed catch and the associated incidental mortalitiefishe
Appears in 1 contract
Sources: Treaty
Chinook Salmon. The provisions of this This Chapter shall apply for to the period 2009 from 2019 through 20182028 (the “Chapter Period”).
1. The Parties agree that:
(a) Chinook stocks that are subject to the Pacific Salmon this Treaty have varying levels of status with many being healthy and meeting goals for long-term production while others have been are identified as conservation concerns, including some in the U.S. Pacific Northwest that have been are listed under the U.S. Endangered Species ActAct (ESA) and some in Canada that are assessed to be at increasing risk of extinction;
(b) fishery management measures that are implemented under the this Treaty are intended to be appropriate for recovering, maintaining sustaining, and protecting Chinook salmon stocks in Canada and the United StatesU.S. and are responsive to changes in productivity of Chinook salmon stocks associated with environmental conditions;
(c) while fishing has contributed to the decline of many stocks of concernsome Chinook stocks, the continued depressed status of these Chinook stocks that are considered depressed generally reflects the long-term cumulative effects of other factors, particularly chronic habitat degradation, in some instances deleterious hatchery practices, and cyclic natural phenomena which may be exacerbated by climate changephenomena, and large scale environmental variability affecting both marine and freshwater habitats;
(d) successful Chinook conservation, restoration restoration, and harvest management depends on a sustained and bilaterally coordinated program of resource protection, restoration, enhancement, and utilization based uponon:
(i) science-based fishery management regimes that ▇▇▇▇▇▇ healthy and abundant Chinook stocks by contributing to the restoration and rebuilding of depressed natural stocks while providing sustainable opportunities to harvest opportunities on sustainably abundant stocks;natural stocks as well as abundant hatchery produced fish,
(ii) the implementation of protective and remedial actions identified in local and regional recovery planning processes that address non-fishing factors limiting that limit the abundance, productivity, genetic diversity diversity, or spatial structure of natural Chinook salmon stocks; and,
(iii) scientifically sound enhancement activities that provide mitigation to fisheries for habitat loss or degradation and/or degradation, or improve productivity through the appropriate use of artificial propagation and supplementation techniques, and
(iv) the continued modification of fisheries to maintain or increase the overall harvest rates exerted on hatchery-origin Chinook, where desirable, while simultaneously decreasing or maintaining limits on the overall mortality rates on natural-origin Chinook;
(e) a healthy and productive Chinook resource will impart imparts sustainable benefits for the fisheries of both Parties, contribute contributes other social, economic, and cultural benefits to the people of both Parties, and provide provides ecosystem benefits to other species;
(f) the harvest levels and other fishery management approaches used to target healthy natural and hatchery stocks while constraining impacts on depressed natural stocks, including various spatial and temporal fishery shaping measures that are bilaterally coordinated as necessary, coupled with improvements in fishery management programs prescribed or referenced referred to in this Chapter, are intended to complement recovery actions being that are undertaken in the fishing and non-fishing sectors in each countryCanada and the U.S.; and
(g) changes in ocean and freshwater conditions, stock-specific cohort survivals, stock abundances, and stock distribution are being observed. To the extent practical, the Parties shall consider these sources of uncertainty to avoid unwarranted escalation of Chinook mortalities.
2. The Parties shall:
(a) implement a comprehensive and coordinated Chinook fishery management program that:
(i) utilizes uses an abundance-based framework for managing to manage all Chinook fisheries that are subject to the Treaty;this Chapter,
(ii) continues is responsive to significant changes in the productivity of Chinook salmon stocks associated with environmental conditions,
(iii) uses harvest regimes based on annual estimates indices of abundance that are responsive to changes in production, that take into account all fishery induced mortalities mortalities, and that are designed to meet MSY maximum sustainable yield (MSY) or other agreed biologically-based numeric escapement and/or harvest or exploitation rate objectives; with the understanding that harvest rate management is designed to provide a desired range of escapements over time;, including those set out in Attachment I,
(iiiiv) contributes to the improvement in trends in spawning escapements of depressed Chinook salmon stocks and is consistent with improved Chinook salmon production;
(iv) seeks to sustain stocks at healthy and productive levels by ensuring that stocks achieve MSY or other agreed biologically-based escapement and/or harvest rate objectives;,
(v) considers the limitations of regulatory systems;, including the need for timely Commission decisions that are necessary for the Parties to cooperate in management,
(vi) seeks to preserve biological diversity of the Chinook salmon resource and contributes to the restoration of currently depressed stocks by improving the abundance, productivity, genetic diversity diversity, and spatial structure of stocks over time;,
(vii) specifies fishery management obligations for maintaining to maintain healthy stocks, rebuilding to rebuild depressed naturally spawning stocks stocks, and providing to provide a means for sharing the harvest and the conservation responsibility for Chinook salmon stocks coast-wide among between the Parties;,
(viii) develops additional biological information pursuant to an agreed a program of work and incorporates that information into the coastwide coast-wide management regime, and considers the latest scientific information developed in each countryParty’s recovery planning processes;,
(ix) includes procedures for changes in management agreed to by the Commission based on scientific advice provided by the Chinook Technical Committee (CTC); and
(x) includes a commitment to discuss within the Commission significant management changes changes9 that a Party is considering that may alter the stock or age composition of a and incidental mortality ofa fishery regime’s catch;
(b) maintain a joint Chinook Technical Committee (the “CTC”) reporting, unless otherwise agreed, to the Pacific Salmon Commission, which shall, inter alia:
(i) evaluate management actions for their consistency with measures set out in this Chapter, and for their potential effectiveness in attaining the specified objectives;
(ii) report annually on catches, harvest rate indices, estimates of incidental mortality and exploitation rates for all Chinook fisheries and stocks harvested within the Treaty area;
(iii) report annually on the escapement of naturally spawning Chinook stocks in relation to the agreed escapement objectives referred to below, evaluate trends in the status of stocks and report on progress in the rebuilding of naturally spawning Chinook stocks;
(iv) evaluate and review existing escapement objectives that fishery management agencies have set for Chinook stocks subject to this Chapter for consistency with MSY or other agreed biologically-based escapement goals and, where needed, recommend goals for naturally spawning Chinook stocks that are consistent with the intent of this Chapter;
(v) recommend standards for the minimum assessment program required to effectively implement this Chapter, provide information on stock assessments relative to these standards and recommend to the Commission any needed improvements in stock assessments;
(vi) review effects of enhancement programs on abundance-based management regimes and recommend strategies for the effective utilization of enhanced stocks;
(vii) recommend research projects, and their associated costs, required to implement this Chapter effectively;
(viii) exchange information necessary to analyze the effectiveness of alternative fishery regulatory measures to satisfy conservation objectives;
(ix) provide a yearly report to the Commission that details the progress in assessment and monitoring for each stock in the Sentinel Stocks Program;
(x) provide a yearly report to the Commission that details the progress in implementing improvements to the CWT program in the Treaty area as a result of recommendations from the CWT workgroup;
(xi) provide a yearly report to the Commission that compiles information from the management agencies regarding the conduct and stock specific impacts of any ▇▇▇▇-selective fisheries for Chinook in the Treaty area, pending bilateral resolution of outstanding technical issues (e.g., methods for estimating incidental mortalities); and
(xii) undertake specific assignments such as those described in Appendix A to this Chapter;
3. Subject to the provision of funding by the Parties ($7.5 million ($C) from Canada and $41.5 million (U.S.) from the United States) for the specific purposes and in the amounts identified in this paragraph and paragraphs 4 and 5, below, and a commitment of $10 million (U.S.) ($2.0 million (U.S.)per year for five years, beginning in 2009) from the Northern Boundary and Transboundary Rivers Restoration and Enhancement Fund and the Southern Boundary Restoration and Enhancement Fund by the Northern Fund Committee and the Southern Fund Committee, respectively, the Parties agree:
(a) to implement through their respective domestic management authorities a five-year research program (Sentinel Stocks Program) utilizing approximately $2.0 million (U.S.) annually provided by the Northern and Southern Funds as follows:
(i) the purpose of the program shall be to improve the estimates of escapements of selected Chinook populations in British Columbia, Washington State and Oregon;
(ii) the Commission shall select a bilateral body of scientists to recommend to the Commission and the Fund Committees how best to utilize these funds for the purposes identified herein;
(iii) the program shall focus on estimating the escapements of a limited number of stocks consistent with standards to be developed by the bilateral CTC; and
(iv) stocks shall include a limited number of escapement indicator stocks for the North Oregon coast, Puget Sound (one of which shall be the Stillaguamish River), west coast of Vancouver Island, northern British Columbia and Fraser River;
(b) to provide $7.5 million each in their respective currencies, subject to the availability of funds to implement over a five year period beginning no later than 2010 within their respective jurisdictions critical improvements to the coast wide coded wire tagging program operated by their respective management agencies. The Commission shall select a bilateral body to recommend funding of specific action items identified in the Pacific Salmon Commission Technical Report Number 25 that are priority uses of these funds to improve the precision and accuracy of statistics such as abundance, exploitation rates, survival estimates, etc. for Chinook salmon used by the CTC in support of this Chapter; and
(c) that up to $1.0 million (U.S.) would be made available by the United States Section (using funds appropriated by Congress to implement the U.S. Chinook Salmon Agreement) to implement over a two year period beginning in 2009, with guidance from the CTC, specific measures to improve the bilateral Chinook model and related management tools used by the CTC to support implementation of this Chapter.
4. The Parties agree that $30 million (U.S.) of the funding to be provided by the United States identified in paragraph 3, above, is to be made available to Canada to assist in the implementation of this Chapter. Specifically, $15 million (U.S.) is to be provided in each of two U.S. fiscal years from 2009 to 2011, inclusive, or sooner (for a total of $30 million U.S.), with the following understandings:
(a) the bulk of this funding would be used by Canada for a fishery mitigation program designed, among other purposes, to reduce effort in its commercial salmon troll fishery; and
(b) Canada will inform the Commission as to how this funding was utilized in support of the mitigation program within two years of receiving such funding.
5. The Parties agree that the feasibility and effectiveness of ▇▇▇▇-selective fisheries warrant continuing investigation and evaluation and, if pursued, should occur subject to the following conditions and/or understandings, as applicable:
(a) ▇▇▇▇-selective fisheries for Chinook will be conducted in a manner that reduces fishery impacts on natural spawning salmon relative to non-selective fishing alternatives;
(b) if Canada decides to experiment in 2009 and 2010 with ▇▇▇▇- selective fisheries for Chinook and funding is provided by the United States for this purpose, the affected management authorities will collaborate with the Selective Fisheries Evaluation Committee (SFEC) on the design of an appropriate monitoring program;
(c) ▇▇▇▇-selective fisheries implemented by either Party that affect stocks subject to the Pacific Salmon Treaty will be sampled, monitored and reported in accordance with applicable protocols recommended by the SFEC and adopted by the Commission; and the SFEC will facilitate the annual exchange of information regarding the conduct of ▇▇▇▇-selective fisheries, including estimates of catches of mass-marked hatchery Chinook; and
(d) it is understood that the evaluation of ▇▇▇▇-selective fisheries in Canada may be subject to funding or other assistance provided by the State of Washington (with support as appropriate from the United States) in an amount not to exceed $3 million (U.S.), an amount that is included in the United States funding amount identified in paragraph 3, above, with such funding subject to the obtaining of specific legislative authority as may be required and the availability of funds.
6. The Parties agree to implement, beginning in 2009 and extending through 2018, an abundance-based coast-wide Chinook salmon management regime to meet the objectives set forth in paragraph 2(a) above, under which fishery regimes shall be classified as aggregate abundance-based management regimes (“AABM”) or individual stock-based management regimes (“ISBM”):
(a) an AABM fishery is an abundance-based regime that constrains catch or total mortality to a numerical limit computed from either a pre-season forecast or an in-season estimate of abundance, from which a harvest rate index can be calculated, expressed as a proportion of the 1979 to 1982 base period. The following regimes will be managed under an AABM regime:
(i) southeast Alaska (SEAK) sport, net and troll;
(ii) Northern British Columbia (NBC) troll (Pacific Fishery Management Areas 1-5, 101-105 and 142) and Queen Charlotte Islands (QCI) sport (Pacific Fishery Management Areas 1-2, 101, 102 and 142); and
(iii) west coast of Vancouver Island (WCVI) troll (Pacific Fishery Management Areas 21, 23-27, and PFMA 121, 123-127) and outside sport (also Pacific Fishery Management Areas 21, 23-27, and 121, 123-127 but with additional time and area specifications which distinguish WCVI outside sport from inside sport)9;
(b) an ISBM fishery is an abundance-based regime that constrains to a numerical limit the total catch or the total adult equivalent mortality rate within the fisheries of a jurisdiction for a naturally spawning Chinook salmon stock or stock group. ISBM management regimes apply to all Chinook salmon fisheries subject to the Treaty that are not AABM fisheries. The obligations applicable to ISBM fisheries are:
(i) a general obligation as set out in paragraph 8(c) for all ISBM fisheries which include, but are not necessarily limited to: northern British Columbia marine net and coastal sport (excluding Queen Charlotte Islands), and freshwater sport and net; central British Columbia marine net, sport and troll and freshwater sport and net; southern British Columbia marine net, troll and sport and freshwater sport and net; West Coast of Vancouver Island inside marine sport and net and freshwater sport and net; south Puget Sound marine net and sport and freshwater sport and net; north Puget Sound marine net and sport and freshwater sport and net; ▇▇▇▇ ▇▇ ▇▇▇▇ Pacific Fishery Management Areas (PFMA) 21, 23, 24 inside the Canadian “surfline” and PFMA 121, 123, 124 during the period October 16 through July 31, plus that portion of PFMA 21, 121, 123, 124 outside of a line generally one nautical mile seaward from the shoreline or existing Department of Fisheries and Oceans surfline, during the period August 1 through October 15. PFMA 25, 26, 27 inside the Canadian “surfline” and PFMA 125, 126, 127 during the period October 16 through June 30, plus that portion of PFMA 125, 126, 127 outside of a line generally one nautical mile seaward from the shoreline or existing Department of Fisheries and Oceans surfline, for the period July 1 through October 15. marine net, troll and sport and freshwater sport and net; Washington Coastal marine net, troll and sport and freshwater sport and net; Washington Ocean marine troll and sport; Columbia River net and sport; Oregon marine net, sport and troll, and freshwater sport; Idaho (Snake River Basin) freshwater sport and net; and
(ii) an additional obligation as set out in paragraph 8(c) for those stock groups for which the general obligation is insufficient to meet the agreed escapement objectives.
(c) In 2014, the Commission will review the performance of the conservation program established by this Chapter to evaluate the effectiveness of, and continuing need for, the harvest measures taken for the AABM fisheries, including the provisions for application of paragraph 13.
7. The Parties agree:
(a) to adopt total mortality management to constrain fisheries for Chinook salmon based on total fishing mortality, which is the sum of the landed catch and the associated incidental mortalitie
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