143 



15 



Canada's stance simply ignores the reality that the extensive intermingling of 

 Canadian and U.S. stocks, and the long migrations and residency of Canada-bound salmon 

 in U.S. waters, makes it impossible to assure that each Party will harvest all of its own 

 salmon and none of the salmon of the other Party. Thus, Article III does not provide that, 

 "each Party [is] to receive the production of salmon originating in its waters", but that 

 each party is to receive "benefits equivalent to" that production. Because the complete 

 elimination of interceptions is unachievable, the equity principle must necessarily 

 encompass the consideration of other factors, such as enhancement, enforcement, and 

 other measures taken by the intercepting party to the benefit of the state of origin 

 Moreover, in the case of the increasingly abundant Fraser salmon fisheries, the reduction 

 of interceptions would be unfaidy damaging to our historical U.S. participants. The 

 Treaty, MOU, and U.S. interpretations of them, make it clear that in the case of historical 

 fisheries, such as those of the US on the Fraser River salmon, the reduction of 

 interceptions is to receive no greater emphasis than the avoidance of an undue disruption 

 of the harvests. Moreover, annual variations of abundance are to be taken into account- 

 not ignored, as the Canadians would prefer. 



It should be emphasized that, if the Canadian view were to prevail, there would be 

 no economic or political basis for the United States to continue its expenditures of 

 financial resources for the benefit of Fraser salmon stocks, nor to constrain economic 

 activities that could adversely affect the Fraser salmon runs. Conservation efforts by the 

 United States would go unrecognized. No doubt, the U.S. would be pressured by fiscal 

 constraints and political realities to reorder its priorities for the purpose of achieving other 

 productive economic, social, and environmental objectives than the continued maintenance 

 of the Fraser fisheries for the enjoyment of Canadian fishermen. Canada fails to 

 recognize— or acknowledge-this fatal flaw in its position. 



