CASE NUMBER: 444
CASE MNEMONIC: SALMON2
CASE NAME: US-Canada Salmon Dispute (Second)
I. Identification
This case discusses the ongoing dispute between Canada and the United States over specific quotas for salmon under the Pacific Salmon Treaty. Canada wants Americans to catch fewer sockeye salmon heading for British Columbia's Fraser River while the U.S. wants Canadians to reduce their catch of coho salmon off Vancouver Island and allow more coho to return to American waters. Because the Pacific Salmon is a valuable fish that shapes the lives of many people and fisheries along the Pacific Northwest, Canada and the United States are aiming to strengthen measures to preserve endangered salmon stocks and control the fluctuating fish populations that migrate between the two countries. In 1985 the Canada-U.S. Pacific Salmon Treaty was adopted to govern salmon management in waters off Washington, Oregon, British Columbia and southeast Alaska. However, the process of implementing this 12-year-old Pacific Salmon Treaty continues to be hampered by diverse political attitudes and economic interests, indicating that a new pact may be necessary to balance ecological limits with national interests.
Canada and the United States accuse each other of threatening the survival of various species of Pacific Salmon which migrate between British Columbia and between the U.S. states of Alaska, Washington and Oregon. They are now seeking to ease tensions over salmon allocations. The United States and Canada began bilateral talks on February 24, 1997 in Portland, Oregon to resolve the dilemma over West Coast salmon quotas. The goal of the talks was to renew the 1985 Pacific Salmon Treaty, an agreement that governs the sharing and conservation of salmon in Alaska, Washington, Oregon and British Columbia. Responsibility for fisheries management is distributed among federal, state, tribal and sometimes judicial authorities. Attempts at settling the issue must be approved by all parties involved, including impacted Indian tribes (see Salmon Case).
On May 21, 1997, Canadian authorities suspended the negotiation process in order to furnish U.S. mediators time to procure the proper authority to make concessions on key issues. However, talks have been further postponed by U.S. authorities since Canadian officials apprehended a fourth U.S. fishing boat, a Washington state longliner named the Christina, which was headed to Alaska on May 27, 1997. Bud Graham, Pacific region director of fisheries management in Canada's Department of Fisheries and Oceans, claimed that the Christina failed to radio Canadian authorities of its entrance into Canadian waters as required. Canada began an enforcement campaign in May, 1997 of its July 1996 regulation requiring non-Canadian boats to summon authorities when entering Canadian waters. Consequently, the U.S. State Department announced it will not resume scheduled negotiations with Canada over how to regulate the quotas for West Coast salmon until a more cooperative atmosphere for discussions can be attained. Canadian officials have protested, arguing that the U.S. Coast Guard holds a similar regulation, requiring Canadian vessels to notify U.S. authorities when they are in U.S. waters.
Salmon stocks have declined in many areas of the Pacific Northwest, including the Columbia River basin and southeastern Alaska. Interceptions that prevent the salmon-producing country from getting a return on its investment have put many fisheries in jeopardy by depleting their salmon stocks. The 1985 Pacific Salmon Treaty, which took 15 years of negotiating, focuses on conservation and equity. The conservation principle stipulates that both sides must stop over fishing and instead aim to maximize production. The intention of the equity principle, which states that each country will receive fishery benefits equivalent to the production of salmon from its own rivers, is to ensure impartiality in the equity-allocation issue. Attached to the Treaty is a Memorandum of Understanding. Although this Memorandum of Understanding set up a framework in which to address the equity principle once the necessary data on salmon interceptions was investigated and developed, the equity principle remains unresolved. Moreover, serious conservation problems continue.
Salmon decline is not a new problem. Many years and billions of dollars have been spent trying to reverse the decline, to no avail. Canada alleges that U.S. fishers capture, or intercept, six million Canadian fish, particularly chinook salmon, which costs their industry as much as C$70 million. The accumulated imbalance since 1985 is approximately 35 million fish worth about C$500 million. Consequently, Canada has asked U.S. fishers to catch fewer endangered Chinook salmon in order to preserve this particular specie of salmon and to allow it to replenish itself. On the opposing side, the U.S. attributes the decline in salmon population to Canada's conservation methods and poor management of its stocks. Hence, salmon is serious business and the fluctuating fish populations affect the lives of many people.
It is inevitable that both Canada and the United States will at times intercept, or capture, foreign-bred salmon. Typically, salmon are born and raised in fresh water rivers, then migrate to the ocean for about 2-7 years where they tend to mix with other salmon stocks. After maturing, the salmon, swimming upstream, returns to its place of origin to spawn. It is during the salmon's migration in foreign ocean waters where interceptions most frequently occur. Because they migrate great distances, salmon are easily intercepted by fishermen from many different nations. In the past, nations have generally addressed issues regarding fishing rights and offshore economic zones as problems arise. Illustrating this is the 1992 Treaty, signed by the United States, Canada, Japan and Russia, which prohibits the open-sea fishing of salmon outside the economic zones of Russia and the USA.
The 1985 Canada-U.S. Pacific Salmon Treaty was initiated to improve the conservation of salmon stocks and to assure that each country benefits fairly. The main implementing body for the Treaty is the Pacific Salmon Commission. It is composed of representatives appointed by each nation from Washington, Oregon, Alaska and British Columbia. Adhering to general principles of the Treaty, the Commission must attempt to prevent over fishing and to provide for optimum production. Additionally, each country is only permitted to catch the equal amount of fish that it produces and/or originates from its perspective waters. In implementing these standards, the Commission is implored to pursue a reduction in "interceptions," or catching foreign-origin salmon, as well as to avert economic upheaval of present fisheries and to observe seasonal harvest fluctuations. Various scientific and technical committees, set up by the Treaty, furnish the Commission with current and comprehensive information and data on the salmon stocks and fisheries in an attempt to establish unbiased regulations. Notwithstanding, problems occur because fish populations fluctuate year to year, and from river to river. Moreover, experts often disagree on the number of fish available, or how many have been caught, or how many can be caught without threatening a stock with extinction. Unfortunately, the 1985 Pacific Salmon Treaty does not provide for a forum in which to settle disputes. As a result, when Canada and the United States disagree they tend to set their own standards and quotas, often to the detriment of salmon.
Finding a resolution that respects the conservation and equity principles of the Pacific Salmon Treaty is necessary in order to protect salmon and ensure that equity issues are considered fairly. Unless Canada and the United States resume negotiations soon on long-term fishing regimes, endangered salmon stocks of Pacific Salmon will continue to dwindle.
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Karen E. Smith
June 21, 1997
II. Legal
Clusters
DISagreement and INPROGress
NAFTA and BILATeral
The Pacific Salmon Commission has been set up to address the problem of allocation and "interceptions" of salmon catch between Canada and the United States. Indian Management Entities, U.S. State Fishery Agencies, and British Columbia also play a significant role in negotiations. In addition, Canada and the United States must adhere to NAFTA regulations in negotiations. For instance, if one country makes a request for official meetings, the other country has 30 days in which to set a date for talks.
USA AND CANada
TREATY
III. Geographic
Clusters
a. Geographic Domain: NORTH AMERICA
b. Geographic Site: WESTERN NORTH AMERICA
c. Geographic Impact: CANADA AND THE UNITED STATES
NO
OCEAN
Salmon spawn in streams or lakes and migrate to the ocean where they may swim hundreds of miles away from their home stream. Upon reaching adulthood, salmon return to their home stream to spawn and die. Unfortunately, the salmon's natural habitat, or home stream, is becoming increasingly threatened as people begin using the water from streams for energy purposes. For instance, with the construction of hydroelectric dams in the Columbia and Snake river, the number of wild salmon has dropped drastically. Before building these systems, approximately 16 million wild salmon returned to these rivers from the Pacific Ocean to spawn. Today, this number has dropped to about 1 million adults, and of these fewer than 200,000 are said to be wild.
IV. Trade
Clusters
Quota [QUOTA]
DIRect
a. Directly Related to Product: YES, Salmon
b. Indirectly Related to Product: NO
c. Not Related to Product: NO
d. Related to Process: YES, Species Loss Sea [SPLS]
SALMON FISHING
Because fish populations fluctuate yearly, it is difficult to determine how many salmon originate in Canadian waters and how many salmon originate in American waters. Thus, it is complicated to establish fair quotas for each country to receive fishery benefits equivalent to the production of salmon from its own rivers. Canada and the United States continue to disagree on salmon fishing rights in the Northwest Pacific Ocean. For instance, in 1985 Canada argued that the United States intercepted nearly 2.4 million more salmon than Canada. Today, Canada claims the figure has increased to almost 5.3 million fish, totaling approximately C$70 million. Since 1985, the total trade imbalance would be equal to about C$500 million or 35 million fish.
According to Liz Hamilton, Executive Director of Northwest Sportfishing Industry Association (April 24, 1995 in a Capitol Hill Hearing Testimony), recreational Salmon/Steelhead fisheries in the Northwest Region generated the following benefits in 1991: 43,342 jobs throughout the region; $1.2 billion in total economic output; $16,187,000 in State Sales Taxes; $16,223,000 in State and Local Sales Taxes; and $76,118,000 to the Federal Treasury.
LOW
FOOD
CANada and USA
V. Environment
Clusters
Species Loss Sea [SPLS]
Pacific salmon have disappeared from 40% of their breeding ranges in the Northwest. The declining number of salmon is not only due to fishing but also to other human activity that disrupt the natural environment, including the construction of dams and irrigation and flood-control mechanisms, and urbanization and agriculture. For instance, in the 1770s, approximately ten million salmon returned to the United State's Columbia Basin each year. But by the 1940s, less than 4 million made the journey. Today, only about one million salmon return, and about half of those million are from hatcheries.
Name: Salmon
Type: Animal/Vertebrate/Fish/Bony
Diversity: Estimated sustainable yield of 15,000 metric tons per year in the Pacific Northwest. (World Resources 1990-1991. Oxford and New York: Oxford University Press 1990, p. 340).
Impact: HIGH And PRODuct
MEDium and 5-10 years
LIKE products
Other fish can be substituted for the five species of endangered salmon. For instance, in the arena of seafood trading, substitutes may include halibut, rockfish, ling cod, and pacific cod. In addition, hatchery-produced salmon have become an important substitute for the wild salmon. However, increased production of hatchery-produced salmon, particularly of chinook and coho salmon, has raised concerns about the relationship between natural (wild) salmon and hatchery-produced fish. Though hatchery fish supplement natural runs, they also compete with or even replace wild salmon. This potential problem has yet to be adequately addressed.
VI. Other
Factors
Yes
Salmon have played a significant role in the culture and heritage of the Pacific Northwest, particularly for the Native Americans (see SALMON Case). As a result, in 1974, Federal Judge George Boldt decided to entitle Tribal fishermen up to 50% of the catch of returning salmon that migrated through their customary tribal fishing area.
YES
Since salmon swim hundreds of miles away from their home stream, they often cross national boundaries and/or several management jurisdictions. Incidentally, it is not uncommon for fishermen to "intercept" salmon which originate from another country, or management jurisdiction, while at sea. As salmon stocks become increasingly threatened and restricted, transboundary issues continue to grow more controversial and politically sensitive.
NO
The Pacific Salmon Treaty: Conservation and Sharing accessed by Internet on May 31, 1997
at American Political Network, Inc., Greenwire. "US-Canada: Salmon Talks Resume Among
Stakeholders." February 28, 1997.
American Political Network, Inc., Greenwire. "US-Canada: Officials Press for Salmon
Accord." March 7, 1997.
The Columbian Publishing Co., The Columbian. "Canada and U.S. Fish Get Skunked By
Politics Again: Science Has Answers - Subject to Change." May 27, 1997.
Chrystal, Chris. "Reagan Signs Pacific Salmon Treaty Legislation." United Press
International (March 16, 1985).
Hamilton, Liz. "Testimony: Sportfishing Industry Association House Resources Endangered
Species Act." Federal Document Clearing HOuse Congressional Testimony (April 24, 1995).
Jung, Helen. "U.S. Cuts Fish Talks With Canada." Anchorage Daily News (May 28, 1997):
pg. 1A
Yanagida, Joy A. "The Pacific Salmon Treaty." American Journal of International Law, v.
81,
no.1 (January, 1987): 577.
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