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Proposed Amendment off ttie 



Pacific Salmon Treaty Act of 1985 (16 USC 3631) 



to Improve Decision Making Capabifity of the United States Section 



1 DRAFT 



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7 Background 



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9 In 1985, the Pacific Salmon Treaty was ratified by the United States and Canada to 



10 establish common principles and a bilateral mechanism for cooperatively managing the 



11 salmon stocks that cross the borders between the two countries. Hopes were high that 



12 increased cooperation would help rebuild depressed stocks and provide a basis for each 



13 country to m^e rational management and investment decisions regarding its salmon 



14 resources. The promises remain unfulfilled. For example, a coastwide program to rebuild 



15 depressed chinook stocks - arguably the centerpiece of the Treaty - is not succeeding. 



16 Progress on the two main principles of the Treaty - resource conservation and sharing of 



17 benefits (equity) - has been hindered by entrenched positions taken by constituents in 



18 both countries. 

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20 The Treaty established the Pacific Salmon Commission, comprised of four mdividuals from 



21 each country, to carry out the purposes of the Treaty. Regional "panels" and joint technical 



22 committees also were created to advise the Commission. Each country has a single vote 



23 within the Commission; both sides must agree before a decision is taken. Eadi country 



24 appoints its Commissioners and makes decisions within its "Section" according to its own 



25 domestic procedures. 

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27 The composition of the United States Section and its decision making procedures are 



28 established in the Pacific Salmon Treaty Art of 1985 (16 USC 3631). The Art provides that 



29 the four U.S. Conmiissioncrs, appointed by the President, will include three voting 



30 Commissioners: one representing Alaska, one representing the states of Washington and 



31 Oregon, and one representing the treaty Indian tribes. The fourth U.S. Commissioner must 



32 be an official of the United States Govenunent, but has no vote. Decisions are taken 



33 within the U.S. Section only by consensus, i.e., when all three voting Commissioner agree. 

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35 The Problem 



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37 This decision process was intended to enhance consensus-building, maint ai n regional 



38 control over the decisions, and avoid the potential of a majority or plurality of the 



39 Commissioners forcing unwanted decisions upon the minority. Instead, it has become a tool 



40 for nearly every highly-interested constimency represented by the various Commissioners to 



41 block decisions. On too many occasions, the result has been an expensive, time-consuming 



42 debate that continues without conclusion, sometimes at great cost to the resource, the 



43 purposes of the Treaty, and the credibility of the United States. 

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LR26:PSrA-i(m99« 



