144 



16 



"Equity" has not yet been calculated. However, if a future calculation of the total 

 production of the Canadian and U.S. rivers shows the U.S. to owe compensation to 

 Canada for a deficit of benefits, then in accordance with the Treaty, the U.S. may respond 

 in a variety of ways. This may involve reductions of interceptions, where practicable and 

 fair, and enhancements or other actions, where reasonable and necessary. 



Specificially, for the near term, the United States should insist upon a new, four- 

 year, Fraser River Annex, based on a marginal sharing structure which provides sockeye 

 harvest levels in Washington State waters equal to 22% of the forecast TAC and 16.5% of 

 higher TAC levels. The 22% figure represents the middle ground between the percentage 

 share received by the United States during the first and second four-year regimes. The 

 16.5% figure represents the share received during the second four-year regime. For pink 

 salmon, the new Annex should provide the United States with a 25% share. 



Accounting for Fraser River Salmon Caught in Alaskan Waters 



In negotiating the original Fraser annex to the Treaty, the U.S. insisted on 

 language specifying that "all fisheries that harvest Fraser River sockeye and pink salmon" 

 shall be taken into account in determining allowable catch levels. The concern was that 

 Canadian fisheries operating outside the Fraser River Panel management area would 

 persist in harvesting substantial numbers of Fraser salmon which, in the absence of such 

 language, would not be considered part of the Canadian shares. 



However, while the U.S. was required to meet its Indian allocation requirements 

 fi-om its share of the TAC, Canada was permitted by the Fraser Annex to maintain an 

 "aboriginal" harvest outside the TAC calculation. This allowed Canada to side-step an 



