66TH CONGRESS TATE { Document’
Ist Session. x ee bo, Nos ite:

Fr

| x SOCKEYE SALMON FISHERY CONVENTION.

Digger c “mw — Ls
te

MESSAGE

FROM THE

PRESIDENT OF THE UNITED STATES,

TRANSMITTING

re

A COPY OF A COMMUNICATION FROM THE SECRETARY OF STATE

SUBMITTING A COPY OF THAT PORTION CF THE REPORT OF THE
AMERICAN-CANADIAN FISHERIES CONFERENCE CONCERNING
THE REHABILITATION AND PROTECTION OF SOCKEYHE SALMON
| OF THE FRASER RIVER SYSTEM.

| SEPTEMBER 30, 1919.—Read; injunction of secrecy removed, referred to the
i Committee on Foreign Relations, and ordered to be printed.

To the Senate:

_ I transmit herewith for consideration in connection with the Sock-
eye Salmon Fishery Convention recently submitted to the Senate,
a copy of that portion of the report of the American-Canadian
Fisheries Conference concerning the rehabilitation and protection of
sockeye salmon of the Fraser River system.

;

| Wooprow WIrson.
|| Tse Wuire Hooss,
’ 29 September, 1919.

.

| The President:
_ The undersigned, the Acting Secretary of State, has the honor
| to lay before the President, with a view of its transmission to the
Senate for consideration in connection with the Sockeye Salmon
| Fishery Convention recently submitted to the Senate, a copy of that
} portion of the report of the American-Canadian Fisheries Confer-
ence concerning the rehabilitation and protection of sockeye salmon
| of the Fraser River system.
5 Respectfully submitted.

Wiiw1am Puttuies.

DEPARTMENT OF STATE,
Washington, September 24, 1919.

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2
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2 SOCKEYE SALMON FISHERY CONVENTION. v

REHABILITATION AND PROTECTION OF THE SOCKEYE SALMON OF THE
Fraser River System.

For the purposes of the sockeye salmon fishery, the Fraser River
system embraces not only the Fraser River itself and its estuary,
but the southern portion of the Gulf of Georgia, Washington Sound,
and Juan de Fuca Strait.

Five species of salmon frequent this system, viz, the sockeye, the
chinook or spring, the coho or silver, the pink or humpback, and the
chum or dog. There is also the steelhead, which, though not of
the same genus, is commercially regarded as a salmon.

Of these, the sockeye has always been the most valuable on the
market as a canned fish. Its flesh is of a much deeper color and
more oily than that of the other species. Moreover, the Fraser River
system sockeye is the choicest of its kind, and brings a higher price
than the sockeye of any other region.

All these species are anadromous. ‘That is, they run up from the
sea to spawn, and the young are hatched out in the fresh waters
of the streams and lakes, from which they descend to the sea while
young. The fish remain at sea until they reach maturity and then
return to the fresh waters to spawn. <A peculiarity of all the Pacific
salmons is that they die after spawning, so that they never reproduce
more than once.

The salmon return to the watershed in which they were hatched.
Tndeed, the theory is now commonly held and has much to support
it that they return net only to the same watershed but to the iden-
tical stream or tributary of a stream in which they were born.
Thus each watershed, and possibly each stream, presents its own
problem; and so it is that the Fraser River system of salmon fish-
eries may fail or improve without affecting, one way or the other,
the fisheries of the neighboring areas.

While salinon of all five species spawn in the Fraser River Basin
and in streams of Washington, Vancouver Island, and the main-
land of British Columbia, the sockeye resorts almost exclusively
to the Fraser for spawning purposes; and it is the sockeye and its
fishery which at this time constitute the most important interna-
tional question affecting the fisheries of the Pacific coast of the two
countries.

A small run of sockeye salmon resorts to the Skagit River, in
Washington, but it is relatively unimportant, and its commercial
possibilities, owing to the restricted area of the spawning grounds,
are sharply limited. For all practical purposes, it may be said that
wll the sockeye salmon that enter Juan de Fuca Strait from the
ocean originated in the Fraser and are making their way back to it
to reproduce and die.

In coming from the ocean, these fish enter the strait on both sides
of the boundary line, but after reaching the vicinity of the southern
extremity of Vancouver Island the great majority pass over to the
United States waters and do not emerge therefrom to any note-
worthy extent until they have passed throveh the channels among
the United States islands in Washington Sound. Thus it is that
while these fish were hatched in the Fraser River and are proceed-
ing back to it, by far the largest catches have been made in the

(a . of we
och, 3.20 1919

SOCKEYE SALMON FISHERY CONVENTION. 3

_ United States waters, Usually 66 per cent or more of the total
catch is taken in the State of Washington.

The Fraser River is potentially the greatest: sockeye-producing
stream on the Pacific coast. Its tributary lakes and rivers cover an
avea larger than that of any other stream on the Pacific slope.
Under normal conditions of the fishery, the spawning sockeyes,
overcoming what are apparently insurmountable rapids and falls,
ascend for hundreds of miles and proceed right to the headwaters
of the Fraser as well as to the headwaters of its tributaries.

A curious phenomenon of the Fraser River that has occurred at
least since the earhest records—those of its discoverer, Simon Fra-
ser—covering the period from 1806 to 1811, is an extraordinarily
heavy run of sockeyes every fourth year, followed by three years
of small runs, so that the seasons have. come to be known as “ big
years ” and “ off years ” or “ lean years.’

What the cause of this was no one can say with finality. There
are different theories. The most probable is that at some time prior
to 1806 there came down from the mountains into the narrow portion
of the river at Hells Gate Canyon, or vicinity, a slide which entirely,
or at least almost entirely, blocked the ascent of the salmon, and that
it took three years for the pressure and rush of the water to sufli-
ciently wear away the obstruction to enable the salmon to pass, so
that in those three years the oniy sockeyes that effectively spawned
were those that normally resorted to the comparatively small portion
of the system below Hells Gate. This theory is strongly supported
by the experience of 1913, which will be referred to later.

The sockeye of the Fraser River are predominantly 4-year fish;
that is, they reach maturity and return to the river to spawn and die
when they are 4 years old. It has been ascertained by Dr. Charles
H. Gilbert, the most eminent authority on the Pacific salmons, that
a part of the runs each year consists of 3-year and 5-year fish, al
though the percentage of ae is small. This being the case, it is

easily possible to account for the presence of a limited number of
fish on the spawning grounds above Hells Gate during the “otf
years” without invalidating the theory, for there would be a propor-
tion of these fish that would not return to the upper spawning
grounds during the fourth year of the cycle of the obstruction, but
would come back in three or five years and thus begin to build up the
“ off years.’

As commercial fishing did not begin to any extent until 1876, it is
a surprising and disconcerting fact that the “ off years” which were
known to have existed so far back as 1806 were not built up to a
greater extent.

The year following the inception of commercial fishing on the
Fraser River the industry began in Washington (in 1877). For
many years sockeyes were the only species canned; and, as-the mar-
ket for them increased, fishing for them was carried on more in-
tensively. While the “ big-year” runs were so enormous as to be
unaffected by the immense catches made during them, the “ off years”
soon began to show coming exhaustion. As the fishery declined, the
demand went up, and greater efforts were made to increase the output.
More and more eflicient equipment was used, until, had it not been for
the weekly close time, when all fishing was required to be abandoned

4 SOCKEYE SALMON FISHERY CONVENTION.

for a given period so as to give the fish a free run to and up the Fra-
ser Riv er, it does not seem that any appreciable number could have
escaped. ‘The fish are met as far out to sea as they can he located
with purse seines. Nearly 500 of these great nets were in use in Juan
de Fuea Strait and among the islands in Washington Sound last
year (1917). Then nearly 200 traps were placed in their path along
the shores of Washington and among the United States islands in
the sound as well as a few on the west side of Vancouver Island.
Some gill nets ranging up to 3,000 feet in length were in use in the
United States waters, and in the river itself and its estuary over
2,600 gill nets, each 900 feet long and 60 meshes deep, were used.

The Fraser is fished more intensively in proportion to its area
and to the supply of sockeyes running therein than are the waters
of Juan de Fuca Strait and W ashington Sound. The combined
length of the nets operated on the Fraser in 1917 was over 445
miles, of which about oe miles were used in the 15 miles of river
between its mouth and New Westminster Bridge. The degree of
this intensity is indicated by the fact that for every square mile of
river there were in the section below the bridge more than 30
linear miles of nets. In the year 1914 the total number of gill nets
in use on the Fraser River was in excess of 3,000.

In the development of the fishery, the comparatively light runs
of the “off years” were having a greater and greater proportion
taken from them, so that fewer and fewer fish were re eaching their
spawning grounds. The result was inevitable. The fishery is now
verging on exhaustion. The depletion of the spawning grounds
above Hells Gate, where, during the “off years” the number of
fish had always been comparatively small, became so marked as to
make it necessary since 1913 to close for want of an egg supply
the hatcheries established there by the Canadian Government, and
thus the river, during the “ off years” was back once more to almost
complete reliance on the spawning grounds below Hells Gate.

Tor years past, the success of the sockeye industry in this dis-
trict has depended on the “big year” runs. Several of the can-
neries on both sides of the line were idle during some of the “ off
years s)" and some of them, more recently, have operated only in “ big
years.” In 1913, however, which was a “big year,” a disaster oc-
curred which put an end, at least tempor: arily, to the “big-year’
runs and reduced them to the dimensions of an average “ off year.”
In Hells Gate Canyon there was a small bay-like indentation just
above the “gate” which, it subsequently transpired, afforded the
only available resting place to enable the salmon after rushing
through the “ gate” to gather their strength sufficiently to proceed
through the remainder of this difficult canyon. Blasting opera-
tions in the construction of the Canadian Northern Railway road-
bed along the side of the canyon caused this resting place to be-
come so filled by rock slides that the salmon could not resort there,
and so were carried back below the “gate” by the force of fhe
current. This obstruction was formed shortly before the heavy
run of salmon began. As soon as it developed that the salmon were
being held back, the best engineers available were sent to the spot
to consult on the quickest means of overcoming the difficulty.
Work was immediately started to clear the obstruction, and a tem-

SOCKEYE SALMON FISHERY CONVENTION. 5

porary sluiceway to enable salmon to pass up was constructed. Some
fish got through this, others were carried beyond by hand, and some
got up ai the time of high water at the beginning of the run, but
not more in the ageregate than in a good “off year,” so while the
removal of the obstruction was pressed along with all possible energy,
it could not be completed in time to save the situation.
Countless thousands of sockeyes wore themselves to death in re-
peated fruitless efforts to get beyond the gate, their instinct com-
pelling them to keep on trying instead of falling back and going up
the lower tributaries, as is evidenced by the fact that these spawn-
ing areas were not more thickly resorted to by sockeyes than in
other “big years.

Many of the persons engaged in the salmon business clung to the
hope that, after all, sufficient sockeye had got up to maintain the
“big year,’ and preparations were made by such accordingly for
1917, the returning year of the cycle, but only to find that their hope

was vain and that the “ big year” was a thing of the past, unless
extraordinary measures are taken to restore it.

The fact that these fish pass through the waters of the two countries
makes it impossible to properly protect them by independent action.
The fishermen of either side are inclined to operate to the limit when
the fish are in their waters and place the responsibility for untoward
results on those of the other country.

How the fishery has declined will be realized from the following
statement of the packs of sockeye salmon for a series of years:

Number of cases. | Number of cases.
oa Total || a ae _| Total
Year. | number | Year. | number
Fraser | Puget | of cases. || Fraser | Puget | of cases.
River. Sound. | River. Sound.
| : |
AOD Bees (esi 2 293,477 | 372,301 | 665,778 || 1911............... 58,487 | 127,761 | 186, 248
UL 1S i Saye 204,809 | 167,211 B92, 020 WOU cc ec cee ce 108, 784 184, 680 293, 468
TO es eee 72,688 | 109,264 181,952 || 1913...............| 684,596 | 1,673,099 | 2,357,695
MOOD = 22s auc okt 837, 489 $20,458 | 1/662;942')) 1914... ..2....2..0- 185, 483 335,230 | 520,713
AGOR ES oes. e 183,007 | 178,748] 361,755 || 1915............... 89,010 64,584 | 153, 624
Cie ee ee 59,815 | 93,122 | 152,937 || 1916............... 27,394 84,637 | 112,031
REO eee as chs, 63,126 | 170,951 | 234,077 Ke) ke Re 123,614 | 411,588 | 535, 152
TOQUE SE Se So. 542,248 | 1,097,904 | 1,640,152 || 1918 (estimated)...| 15,000 | 50,000 | 65, 000
TOO S sete s ccees st 133, 045 248, 014 381, 059 |
!

Two facts are outstanding:

(1) The yearly possibilities of the Fraser River must be measured
by the conditions in the “big years.” All that is needed to produce
the run of a “big year” any season is to have the spawning beds of
the whole system seeded as plenteously as in the “big years” of the
past. The river is as free from pollution or artificial obstruction as
it ever was, and ail the conditions for successful spawning are as
favorable as in early times. The only deficiency is in the spawning
fish.

(2) Unless drastic action is taken, internationally, to save the sit-
uation, the fishery will become commercially exhausted in a few
vears. The figures for 1918 clearly evidence this.

It would be an international calamity, involving almost criminal
neglect on the part of both countries, if the latter condition were
allowed to obtain. On the basis of the present prices, the sockeye

6 SOCKEYE SALMON FISHERY CONVENTION

progeny of this river should be producing, annually, a food worth
ever $30,000,000, this figure being based on the actual pack of the
last “* bie year,” 1913. As it is, the average value for the four years
ending 1918 is about $3 000,000.

In the face of the foregoing, and in view of the fact that there
can be no question but that the river can be restored by the proper
proc edure, so that it will produce to maximum capacity every year,
it is confidently believed that the interests in the two countries will
stand behind the authorities of both in procuring the necessary ac-
tion to bring this about.

Efforts have been made in the past for mutual arrangements to
afford adequate protection, but without success. The most impor-
tant of Heats was in connection with the treaty of 1908, for the in-

ternational protection of the fisheries in the contiguous waters along
the entire boundary line. This treaty failed, owing to the fact that |

the United States Congress refrained from approving the regula-
tions drawn up under its provisions, though they had been approved
by the Parliament of Canada. But even if the reculations under
that treaty had been approved and made effective, they would not
have met the present sei pee ae

The situation is surrounded by outstanding difficulties, and ie
mutual concessions and forbearance must be exercised by those
engaging in the industry on both sides of the line, if the necessary
steps to restore the fishery are to be taken.

In ees Columbia the fis chery interests feel very strongly that
they have been in an unfair position all through the past years.
They point out that while all the fish are bred in the Fraser River,

the fishermen have been sharply restrieted in their operations, being:

allowed to use gill nets only, in addition to having to submit to a
longer weekly close time than is effective in the State of hie ashing-
ton: while their competitors have been permitted to use traps and
purse seines, much more capable and economical fishing iit
than gill nets; and they urge that while the fish are bred in Canadian
waters, and must there be properly protected if the fishery is
to be saved from depletion, they obtain only one-third or less of
the total catch. They contend that they have been called on to do
too much of the protecting and are entitled to a more equitable pro-
portion of the fish.

On the other hand, the fishing interests of the State of Washing-
ton contend that they have not been taking unreasonable advantage

of their more favored geographical position : that the quantities of

fish caught have not been out of proportion to the area of the fish-
ing grounds. the amount of capital invested, and the number of
persons dependent on and engaged in the fishery; that the fishing
appliances used are suited to their waters, and are not only of a

character that can Ve efficiently and adequately regulated, but thay :

are so regulated as to admit of a reasonable escapement of fish to
the waters beyond.

Both sides, however, fully vealize the absolute need for inter-
national action, and are prepared to make sacrifices in order to
assure relief. While the proper disposition for essential action may
have been lacking in the past. it seems now to obtain. The interests
on both sides of the line are fully alive to the conditions, and they
are evidently prepared to cooperate to save the industry.

SOCKEYE SALMON FISHERY CONVENTION. 7

While the Canadian Government is fully able to cope with the
situation in British Columbia, it is recognized by the commissioners
of both countries that a ditferent condition exists in Washington
because of the jurisdiction of that State over the fisheries. rie
American commissioners have no desire to impair or invade the
powers which the State of Washington exercises over the fisheries;
they realize that any proposed remedial action, to be effective, should
receive the official support of the State and the general approval of
the local public opinion.

As regards any particular remedial action that may be proposed,
it must be conceded that it is impossible to state with certainty what
the full results may be or when they may be achieved, because the
experience is lacking on which reasonably safe predictions can be
based. Therefore, taking cognizance of the best information avail-
able, it will be necessary to adopt a tentative course in the expecta-
tion that after proper trial new measures or modificaticns may be
required. In fact, in view of the rapidly changing conditions under
which the salmon fisheries are now conducted, it would be strange
if modifications in laws and regulations were not demanded at com-
paratively short intervals. Hence action so drastic as to cause a
virtual suspension of the industry would not. in the opinion of the
commissioners, be justified at this time.

The honorable commissioner of fisheries for British Columbia
has recommended that the two Federal Governments take over the
fishery and compensate any who might be found entitled to such ow-
ing to this action, so that the Governments might be free te regulate
the fisheries without interference and operate them in the interests
of the two countries. This course has much to commend it, but your
commissioners feel that at this time and under existing conditions it
is not feasible. Furthermore, in the case of the United States, there
is no way known to the commissioners by which the Feceral Govern-
ment can acquire, by purchase or otherwise. fishery rights that are
vested in the several States, unless such rights are voluntarily relin-
quished by the States.

Some of the specialists on the natural history of the salmons recom-
mended that all sockeye fishing be stopped for a term of years, but
in the light of the facts (1) that they regard one cycle, or four years.
as the minimum closure and that two, three, or more cycles would
likely be found necessary: (2) that as this course would force the clos-
ing of many canneries and render them worthless (the evidence
shows that the machinery of a cannery will become scrap in five years
if unused): (8) that as it would be impossible to stop all fishing dur-
Inga siciently long period to cover the sockeye run without inter-
fering with the spring salmon fishery each year and with the pink
salmon fishery at least every second year: and (4) that asthe fact that
the “ off years ” were not built up to anything like “ big-year ” propor-
tions during the long period known to have elapsed since the * off
years” have existed and before commercial fishing began, thus leaving
little ground for hope for speedy results from this course alone, your
commissioners are not prepared to indorse this recominendation, at
least until the trial of other methods has failed to yield reasonably
effective results.

The stopping of al! salmon fishing long enough to allow an escape-
ment of 50 per cent of the sockeye run in both the Staie of Washing-

8 SOCKEYE SALMON FISHERY CONVENTION,

ton and British Columbia was favored by most of those engaged in.
the industry on both sides of the line as a basis for international ac- |
tion, though it developed that there is considerable difference of opin- |

ion as to how this can best be done. It was suggested in the State }
of Washington that a closure of all fishing fe om July 20 to 31 on the}

United States side, and from July 25 to August 5 5 in British Colum-

the salmon in passing from the strait to the Fraser River, would

bia, so as to allow for the time that presumably would be taken ia

achieve the end in view; but this Se rae was vigorously opposed
in British Columbia, on the ground that the difference in dates is
too long and that it is doubtful if any such shding scale would be
justifiable, in view of the lack of positive knowledge 1 regarding the
movements and rate of tré vel of salmon.

Very material progress in the study of the life history of the
sockeye has been made in recent years, but there is yet a great deal
to learn. This can only be done by comprehensive and sustained study
on the spawning grounds as well as otherwise.

Salmon hatcheries have been in operation for years, and have
turned out tens of millions of active, healthy fry annually, but
neither in Canada nor the United States can sufficient results be
pointed to so far as the runs of sockeye are considered. This is not
the case with all species. Hatchery work supported by reasonably
provident veeulations must, for instance. be given the credit for re-
storing the chinook salmon fishery of the Columbia River, but the
chinook or spring salmon is a different species with different habits
of both adults and young. The young of the chinook salmon can
readily be held at the hatcheries until they are several months old and
have reached a size when they are strong, active, and fairly capable
of protecting erg valael against natural enemies. So far, however,
efforts that have been made at the Fraser River hatcheries to simi-
larly retain young sockeye have not been successful, but infor mation
us {0 why this should not be so and how it can be overcome is
lacking.

i

|

New methods of hatching by the ingenious use of gravel in a man- +

ner that largely reproduces the conditions of natural spawning
grounds are being tried with considerable promise of success by the
officer in charge of the Canadian Government Hatchery at Harrison
Lake, on the lower Fraser; and it is possible that through these and
other such experiments the present methods of sockeye hatchery
operations may be revolutionized or at least vastly improved.

The fact that in all the “ big vears” of the past the spawning areas
of the Fraser system, above as well as below Hell’s Gate, were abun-
dantly seeded, while in the “off years” the upper areas were very
lightly seeded, though normal seeding took place in the lower areas,
indicates the necessity through hatchery or other methods of restor-
ing the runs to the upper waters, if this fishery is to be rehabilitated.

Further direct aid to the fisheries may be afforded by the system-

i ee

wtic reduction in the numbers of predatory fishes that frequent the .

spawning grounds. There se ems little room for doubt, in the hght
of the evidence before the Commissioners. that the destruction of the
eges and young of salmon on the natural spaw ning grounds chiefly
hy other fishes is appalling. The mutilation and destruction by seals
and sea lions of mature salmon on their wavy to the Fraser River
is likewise large and serious, and its mitigation would have a highly

SOCKEYE SALMON FISHERY CONVENTION. 9

beneficial effect on the supply, especially at this critical stage of the
industry.

The foregoing considerations serve to emphasize the urgent need
for comprehensive and continuous observation and study by experts,
and indicate that in the meantime any action which would put the
fishermen and canners entirely out of business would not be justified.

In the light of all the existing conditions, your commissioners are
of the opinicn that a treaty or convention for the proper regulation
and protection of this fishery should forthwith be entered into by
the two countries; that commissioners should be appointed, under
this treaty, to thoroughly study the situation, and that they should
have to assist them two experts, one appointed by the Government
of each country, who should conduct continuous ae eet da into
the life history of the sockeye, hatchery methods, eradication of
natural enemies on the spawning grounds and in sii water, and
other related subjects; and also that the soc keye hatchery operations
on the Fraser should be imspected by the commissioners so ap-
pointed.

Your commissioners also recommend that the commission to be
pou es cause an examination by competent engineers to be made

f the sides of the Fraser River. at Hells Gate, and at other places
ae slides into the river that might bar the ascent of salmon are
probable, such examination being for the purpose of ascertaining
what may be feasible to avert such danger.

It is the judgement of your commissioners that the hatchery work
on the Fraser River system should be extended as rapidly as avail-
able supplies of eggs will warrant, by the establishing of new
hatcheries on spawning areas now being sparsely seeded, and that
to this end eges of sockeye and possibly other species of salmon
be made available from waters of the United States, as well as from
other Canadian waters, for the Fraser River hatcheries, to as large
an extent as practicable.

It is also important that the two Governments arrange to ascer-
tain accurately how long it takes sockeye salmon from the time they
enter Juan de Fuca Strait to reach.and enter the Fraser River, and
as far as possible to pass from point to point along the said strait
and the Gulf of Georgia.

And also that the two Governments arrange to carry cn investi-
vations and experiments with a view to finding some feasible means
of overcoming the seal and sea-lion menace to the salmon fisheries
in the treaty waters, and if such means be found to put them into
operation.

Your commissioners append a draft of a proposed treaty (Ap-
pendix A) and of regulations thereunder for the restoration and
protection of this fishery (Appendix B), the adoption of which.
subject to such modifications in terms as the responsible officers of
the two Gevernments may consider desirable, is urgently recom-
mended.

These regulations will enable the industrv to be conducted on a
diminished scale for the next eight vears. They will afford a much
greater escapement of fish to the spawning erounds than has been
the case heretofore; and they will enable observation as to the results,
which will begin to show themselves in 1923 if. as contemplated, the
regulations become effective in 1919, With the information that will

10 SOCKEYE SALMON FISHERY CONVENTION.

then be before them, the commissioners will be in a position to know
whether further restrictions are needed or what modifications in the
regulations are desirable.

In connection with these regulations, it may be useful to make (he
following notes in regard to those that are exceptional in their char-
acter:

Section 5 will have the effect of stopping all fishing by Toca
above the tidal boundary for commercial fishing. From time im
memorial it has been the practice of certain tribes of Indians to pro-
vide their winter supply of fish for themselves and pom dogs by |

catching salmon by spearing and otherwise as they were passing!
cent difficult channels in the upper reaches of the river : and ever
on the spawning grounds themselves. The number of fish so taker
has, 1 in the ageregate, been very large, and it was stated in the hear-
ings that the number of salmon eges consumed by the Indians an-
nually would offset the operations of several hatcheries Having re-
eard for the value of each fish that succeeds in ese aping all the ap-
pliances of the commercial fishermen and reaching the spawning
areas and its se oneness in maintaining the volume of future runs.
this Indian fishing is far from an economical method of supplying
their food requirements. There exists prejudice on the part of the
Indians to using fish prepared otherwise than in the manner followed
by them, but keeping in view the welfare of the salmon fisheries this
prejudice should be overcome or should be considered of secondary
importance.

Every reasonable facilitv and encouragement should be given the
Indians to catch necessary supplies of salmon for their family uses
in the tidal waters and to transport them to their homes, but should
it be found necessary for the proper authorities to furnish them with
certain quantities either in a canned or cured form, it seems reason-
able that the canning and fresh-fish interests on both sides of the
boundary should cooper ate in providing such food.

The annual close season provided for by section 6 is designed to
give the sockeye a free run to their spawning grounds during a
portion of the time when the ruy is heavy. This protection is addi-
tional to that afforded by the present weekly close season, and it is
anticipated that approximately a number of fish equal to 50 per cent
of the usual pack will thus escape to the spawning grounds.

Tn the absence of final information as to the speed at which sock-
eye travel, after entering Juan de Fuea Strait and until they reach
the Fraser, your commissioners do not feel justified in recommending
any difference in the time of beginning and ending of this close period
in either ¢ ountry. As will be noted i in the recommendations forming
part of this report, your commissioners urge, however, that the two
Governments take the necessary steps to procure this information.

A beginning of this work has been made during the present year
(1918). It may be found that if any difference is desirable, it should
be provided not only so far as the United States and Canadian waters
are concerned, but as between different fishing regions in each
country. The blanket method is obviously much more desirable from
an administrative standpoint, and the fact that the fish are dis-
tributed over a large area while active fishing 1s going on, so that»
if all nets are lifted at one time fish that are in the river at that
time will escape above the fishing limits, may render it uncertain

SOCKEYE SALMON FISHERY CONVENTION: i i

whether in the long run there is any real advantage in a progressive
close season.

It is urged by several witnesses that this annual close time should
be éctabliaherdin in heu of the weekly close time. It is certain, however,
that the good effects of the proposed annual close time would be
practically nullified if this were done. Both the proposed annual
and weekly close times together can not be relied upon to permit
the escapement of more than 50 per cent of the fish. This is clearly
shown by figures for a series of years furnished for the purpose
by the associ lations acting in behalf of the fishery interests on both
sides of the boundary. These figures for British Columbia are
complete, for Puget Sour they cover the catch handled by only ¢
portion of the canneries, but are offered by the Washington Fisheries
Association as being typical of the entire catch. Assuming that this
is correct, the percentage of the total catch taken during the period
from July 20 to 31, inclusive, on the two sides was as follows for
each of the years indicated:

Per cent.
St eter 2S BREA ee Lt Ee ht a 2S. 44
113 1) = eee ee EP ee eee ee a En ee a iKGy Sab
CDN Gye = ee ee ee ie en ee 36. 99
STEN ee eee eae ee Be ee ee ee 40. 10

The total quantity packed during these 12 days in the + vears
named would be 32.2 per cent of the total pack for these years

The weekly Eee time provided by the proposed regulations,
namely, 36 hours, is 21.4 per cent of each week. Assuming that
during these four years there had been no weekly close time, the
catch during these 36 hours per week would have ooiey 18.5 per
cent to the pack. Combining this figure with the 32.5 per cent for
the 12-day periods would give an escapement of 51 per cent of the
packs during both the annual and weekly close times. It is not
claimed that these figures represent exact conditions. as there are
various unknown factors, but they are a fair deduction from the
figures submitted.

There can be no question that the toll taken in the past * off
years ” has been far too great to maintain the runs, even at their
present proportions, and “that a much larger escapement of fish
to the spawning areas must be assured if ‘the annually declining
runs are to be turned into annually increasing runs.

Fishing 1s now permitted in the Fraser River up to Mission Bridge,
about 50 miles from its mouth, although fishing from New West-
minster Bridge, 12 miles above its mouth, to Mission Bridge is
limited to residents along that portion of the river. The evidence
shows that the fishermen in this area make practically their whole
catches in the first two or three days following the weekly close time;
or, in other words, when the mass of nets below the bridge gets
into full operation too few fish escape beyond it to make the fishing
above coi while.

On the other hand, the fishermen above the bridge are bona fide
residents, who settled there with a view to the fishing, on which
they depend to an important degree to enable them to become es-
tablished on the land. In the circumstances, your commissioners
feel that it would be unfair to deprive these people of all fishing
privileges, but it is evident that the fish must have more protection.

ty SOCKEYE SALMON FISHERY CONVENTION.

Tt is, therefore, recommended that the weekly close time above the
bridge be 24 hours longer than below it, and that other restrictions
be thrown around the exercise of the fishing privileges in this region.

The proposed method in section ¢ of arranging the traps during
the close time is that required in the Columbia River. The opinion
is fairly general that, with jiggers attached to the traps, the mere
closing of the entrance for a short time does not assure that salmon
will escape, which is the sole object in view, but rather that they
will play between the leader and the jigger until the trap is again

opened. By opening a portion of the lead, in addition to closing
the trap, the fish will be given a much better chance to move onward.

Sections 9 and 10 relate to purse seines. At the present time
purse seines may be operated right up to the entrance to a trap.
The purse seiners urge that as the trap is in fishing order during
the whole fishing season, both mght and day, excepting when it is
being hfted, and that purse seines can be used only in the day and
when evidences of fish are visible, the existing provision of law is
fair and should be continued.

Your commissioners do not so regard the matter. The trap is a
stationary appliance, and so can only take the fish that come to it
whereas the purse seiner can follow a school of fish in all portions
of the area where fishing is permitted. In the circumstances, to
require purse seiners to refrain from casting their nets within 2,400
feet of a stationary fishing appliance 1s not a hardship.

The use of purse seines in the narrow channels among the islands
in Washington Sound and the Gulf of Georgia should not be per-
mitted. Such seines can be so used in these passages as to practi-
cally block them and so prevent a reasonable escapement of the run
of fish. Their use might as fairly be permitted in the Fraser River
itself. The purse seine is an extremely capable fishing device, and
from its very nature should be restricted to the open waters.

The other proposed regulations involve no new principles, and
therefore need no special comment.

In closing consideration of this matter, your commissioners again
emphasize the “ast importance of this fishery to both countries.
Every year’s delay means added depletion that will require several
years longer of sharp restriction to undo, while, on the other hand,
immediate action will assure much more speedy recuperation, as
there will be a larger body of fish to work with, and thus hasten
the return of the day when the river system will be producing over
2 300,000 cases of sockeye, not only one year in four but every year,
instead of about one-fifth of that quantity, which, under existing
conditions, must rapidly grow less and less.

Your commissioners gratefully acknowledge the generous and
capable assistance afforded by the local fishery authorities, interests,
and associations, and especially by Commander Miller Freeman,
publisher of the Pacifie Fisherman; Frank Warren, president of
the Association of Pacific Fisheries: Mr. L. H. Darwin, commis-
sioner of fisheries for Washington; Lieut. Col. F. H. Cunningham,
chief inspector of fisheries in British Columbia for the Feder al
Government of Canada; John P. Babcock, assistant to the provin-
cial commissioner of fisheries; and Dr. A. McLean Fraser, the
representative of the Canadian Biological Board in British Colum-

SOCKEYE SALMON FISHERY CONVENTION. 13

bia. These gentlemen voluntarily served with the subcommittee of
your commissioners in considering a proper system of regulations
for this fishery, and so greatly facilitated the inquiries and findings
of your commissioners.

APPENDIX A.

TREATY BETWEEN GREAT BRITAIN AND THE UNITED STATES CONCERNING
THE SOCKEYE SALMON FISHEKIES OF THE FRASER RIVER SYSTEM.

Whereas the Governments of Canada and the United States, real-
izing the necessity for joint action in the protection, preserva-
tion, and propagation of the sockeye salmon of the Fraser River
system referred the question to an international joint commission
appointed by the respective Governments in December, 1917, to
consider a settlement of outstanding questions aifecting the fish-

- eries between the two countries; and

Whereas the said commission having investigated the matter rec-
ommended the adoption and enforcement by the two countries
of the regulations appended hereto and the appointment of an in-
ternational fisheries commission to conduct inv estigations into
the life history of the salmon, hatchery methods, spawning ground
conditions, and related matters, and to observe the effects thereof
and to recommend any modificatins thereof or additions thereto
which may in the light of experience be found desirable;

His Majesty George V of the United Kingdom of Gre at Britain
and Ireland, and the British Dominions beyond the seas, King and
Emperor of India, and the President of the United States of
America, having resolved to enter into a treaty thereto, have for
that EuEpOSe appointed
who having exchanged ee full powers, found to be in due form,
have agreed to and ‘signed the following ‘articles:

Arricte 1. The times, seasons, and methods of sockeye salmon
fishing in the Fraser River system, as specified in article 3 of this
convention, and the nets, oo gear, apparatus, and appliances
which may be used therein shall be limited to those specified in the
system of regulations appended hereto.

Art. 2. The two Governments engage to put into operation and
enforce by legislative and executive action, with as little delay as
possible, the said regulations, restrictions, and provisions, and such
others as may from time to time be adopted by the two Govern-
ments: and the date when they shall be put into oper ation shall be
fixed by concurrent proclamations of the Governor General of the
Dominion of Canada in council and of the President of the United
States.

Arr. 3. It is agreed that the aforementioned regulations will apply
to the waters included within the following boundaries: Beginning
at Carm managh Lighthouse on the southwest coast of Vancouver
Island, thence in a straight line to a point three marine miles due
west astronomic from Tatoosh Lighthouse, Washington, thence to
said Tatoosh Lighthouse, thence to the nearest point of Cape Flat-

14 SOCKEYE SALMON FISHERY CONVENTION.

tery, thence following the southerly shore of Juan de Fuca Strait
to Point Wilson, on Quimper Peninsula, thence in a straight line
to Poimt Partridge on Whidbey Island, thence following the “western
shore of the said Whidbey Island, to the entrance to Deception Pass,
thence across said entrance to the southern side of Reservation Bay.
on Fidalgo Tsland, thence following the western and northern shore

line of the said Fidalgo Island to Swinemish Slough, crossing the
said Swinomish Slough, in line with the track of the Great Northern
Railway, thence northerly following the shore line of the mainland
to Eoaat Grey at the southern entrance to Burrard Inlet, British
Columbia, thence in a straight line to the southern end of Gabriola
Island, thence to the southern side of the entrance to Boat Harbor,
Vancouver Island, thence following the eastern and southern shores
of the said Vancouver Island to the starting point at Carmanagh
Lighthouse, as shown on the United States Coast and Geodetic
Survey Chart No. 6300, as corrected to July 20, 1918, and also the
Fraser River and its tributaries.

The two Governments engage to have prepared as soon as practi?
rable charts of the waters described in this article, with the inter-
national boundary line indicated thereon, and to establish such addi-
tional buoys and marks for the purpose of this treaty as may be
recommended by the commission referred to in the following article :

Arv. 4. The high contracting parties agree to appoint a commis-
sion, to be known as the International Fisheries Commission, con-
sisting of four persons, two to be named by each Government, to
conduct investigations into the life history of the salmon, hatchery
methods, spawning-ground conditions, and other related matters,
and to observe the effects of the said regulations and to recommend
to their respective Governments any modifications of or additions
to the aforementioned regulations which may in the hght of ex-
perience be found desirable.

Arr, 5. The International Fisheries Commission shall continue in
ne so long as this convention shall be in force, and each Gov-
ernment shall have the power to fill and shall fill from time to time
any vacancy which may occur in its representation on the commis-
sion. Each Government shall pay its own commissioners, and any
joint expenses shall be paid by the two Governments in equal
moleties.

Arr, 6. This convention shall remain in force for a period of 15
years, a thereafter until two years from the date when either the
Government of Great Britain or the Goy ernment of the United States
shall giv e notice to the other of its desire to terminate it.

Anrv. 7. The regulations, restrictions, and provisions provided for in
this ee ere shall remain in force fer a period of eight years from
the date ef their executive promulgation, and thereafter until one
year from the date when either the Government of Great Britain or
of the United States shall give notice to the other of its desire for
their revision, and immediately upon such notice being given the
commission shall proceed to make a revision thereof, which revised
regulations, if adopted and promulgated, as provided by Article 2
hereof, shall remain in force, for a period of five years and thereafter
until one year from the date when a further notice of revision is
given as above provided in this article. It shall, however, be in the
power of the two Governments, by joint or concurrent action upon

SOCKEYE SALMON FISHERY CONVENTION. 15

th 1e recommendation of the commission, to make modifications at any
time in the regulations, and to bring any or all of the other species
of salmon, including steelhead, wit thin the scope of such modified
regulations.

Arr. 8. The present convention shall be duly ratified by His Bri-
tannic Majesty and by the President of the United States, by and
with the advice and consent of the Senate thereof. and the ratifica-
tions shall be exchanged as soon as practicable.

In faith whereof the respective plenipotentiaries have signed the
present convention in duplicate, and have thereunto affixed their seals.

Done at in the year of our Lord one thousand nine
hundred and eighteen.

APPENDIX B,

A SYSTEM OF INTERNATIONAL REGULATIONS FOR THE PROTECTION AND
PRESERVATION OF THE SOCKEYE SALMON FISHERIES OF THE FRASER
RIVER SYSTEM.

Section 1. The following regulations shall apply to the waters
ineluded within the following boundaries:

Beginning at Carmanagh Lighthous, on the southwest coast of
Vancouver Island; thence in a straight line to a point 3 marine
miles due west astronomic from Tatoosh Lighthouse, Wash.:
thence to said Tatoosh Lighthouse; thence to the nearest point of
Cape Flattery ; thence following the ‘southerly shore of Juan de Fuca
Strait to Point Wilson, on Quimper Peninsula; thence in a straight
line to Point Partridge, on Widbey Island; thence following the west-
ern shore of the said Whidbey Island to the entrance to Deception
Pass; thence across the said entrance to the southern side of Reserva-
tion Bay, on Fidalgo Island; thence following the western and north-
ern shore line of the said F idaleo Island to Swinomish Slough, cross-
ing the said Swinomish Slough in line with the track of the Great
Northern Railway; thence northerly, following the shore line of the
mainland to Point Grey, at the southern entrance to Burrard Inlet,
British Columbia; thence in a straight line to the southern end of
Gabriola Island; thence to the southern side of the entrance to Boat
Harbor, Vancouver Island; thence following the eastern and southern
shores of the said Vancouver Island to the starting point at Carmia-
nagh Lighthouse, as shown on the United States Coast and Geodetic
Survey Chart No. 6300, as corrected to July 20, 1918, and also the
Fraser River and its tributaries.

Sec. 2. Interpretations: “ Drift net” shall mean a floating gill net
that is neither anchored nor staked, but that floats freely with the
tide or current.

“Trap net’ ’ shall include a pound net.

* Commission ” shall mean the International Fisheries Commission
appointed under the tr eaty to which these. regulations are appended.

“Treaty waters” shall mean all waters described in section 1
hereof. |

Sec. 3. (a@) Fishing for sockeye salmon in the treaty waters within
the eeion ial limits of the State of W ashington shall not be per-

16 SOCKEYE SALMON FISHERY CONVENTION.

missible except under license from such State and in the treaty
waters of Canada, except under license under the provisions of the
fisheries act of Canada.

(6) No greater number of licenses for any class of fishing appli-
ance shall be authorized in any year in the treaty waters within the
territorial limits of the State of Washington than were issued for
such class for the season of 1918, up to August 31, inclusive thereof,
and in the treaty waters of British Columbia the number of gill nets
that may be licensed in any year shall not exceed 1,800.

(c) No license shall be granted to any person, company, or firm
in the State of Washington, unless such person is an American citi-
zen, resident in the said State, or to such company or firm, unless it
is an American company or firm or is authorized to do business in
the said State, and no licenses shall be granted to any person, com-
pany, or firm in the Province of British Colombia, unless such per-
son is a British subject resident in the said Province, or such com-
pany or firm unless it is a Canadian company or firm, or is licensed to
do business in the said Province of British Columbia.

(7) No one other than a British subject who owns or leases land
on either side of the Fraser River above New Westminster Bridge,
and who actually permanently resides on and is cultivating such
Jand shall be eligible for a license to fish for sockeye salmon between
New Westminster Bridge and Mission Bridge, but fishing under
such license shall not be carried on below New Westminster Bridge.

Src. 4. The use of nets other than drift nets, purse seines, and trap
nets shall not be permitted in treaty waters for the capture of sockeye
salmon.

Src. 5. No net fishing or fishing of any kind other than with hook
and line, excepting for hatchery purposes or scientific purposes,
shall be permissible in the Fraser River above the down-river side of
Mission Bridge.

Src. 6. During the years 1919 to 1926, both years inclusive, no one
shall fish for, catch, or kill any salmon from the 20th day of July
to the 31st day of July in each year, both days inclusive; and during
this close time no nets or apphances of any kind that will capture
salmon may be used in these treaty waters: Provided, however, That
salmon fishing for hatchery or scientific purposes may be authorized
during this period.

Sec. 7. The weekly close time for salmon fishing shall be from 6
o'clock a. m., Saturday, to 6 o'clock p. m., Sunday, in Canadian
waters, excepting in that portion of the Fraser River between New
Westminster Bridge and Mission Bridge, where the weekly close time
shall be from 6 o’clock a. m., Saturday, to 6 o’clock p. m., on the
following Monday, and in United States waters from Friday at 4
o’clock p. m., to Sunday at 4 o’clock a. m., and during this close time
no salmon fishing of any kind other than for hatchery or scientific
purposes shall be permissible, and during the full period of each
weekly close time or annual close season each trap net shall be closed
by an apron placed across the outer entrance to the heart of the trap,
which apron shall extend from the surface to the bottom of the water
and shall be securely connected to the piles on either side of the heart
of the trap net, fastened by rings not more than 2 feet apart on taut
wires stretched from the top to the bottom of the piles, and such
apron, or the appliance by which it is raised or lowered, shall be pro-

Nite

SOCKEYE SALMON FISHERY CONVENTION. 17

vided with a signal flag, which shall disclose whether the trap net is
closed, and which shall be of the form and character approved by
‘the commission: Pro vided, That in addition to the foregoing require-
ment, such trap net shall be equipped with a V-shaped opening, to
the satisfaction of the commmission, in the lead of such trap net next
to the entrance to the heart and immediately adjacent to the apron,
of at least 10 feet in width at the top and extending below the sur-
face at least 4 feet below low water, which V- shaped opening shall
remain open and unobstructed during the full period of each weekly
close time or annual close season.

For the purpose of securing full comphance with this regulation,

the owner or operator of each trap net shall constantly maintain dur-
ing the weekly and annual close times a watchman, whose duty it
shall be to cause each trap net to be kept closed and the lead to be
kept open, as above provided.
| Sec. 8. All salmon trap nets shail be lhmited to a total length of
2,500 feet, with an end passageway of at least 600 feet between one
trap net and the next linear series, such distances being measured in
continuation of the line of direction of the leader of such trap net,
but in no instance shall more than two-thirds of the width of any
passageway at any point be closed by trap nets. There shall also be
a lateral distance of at least 2,400 feet between one trap net and the
next.

Src. 9. A salmon purse seine shall not exceed 1,900 linear feet in
length, including the lead and attachment. measured on the cork line
when wet.

Src. 10. (@) No purse seine shall be cast or placed in the water
for fishing purposes within 2,400 feet of any trap net.

(b) The use of purse seines for the capture of sockeye salmon
shall be confined to the treaty waters southward and westward of
a straight line drawn from the lighthouse on Trail Island. British
Columbia, to the northwest point of Whidbey Island, State of Wash-
ington.

Src. A salmon draft net shall not exceed 900 linear feet in
length, ne the vertical breadth thereof shall not exceed 60 meshes,
and the size of the mesh shall not be less than 52 inches, extension
measure, when in use.

Sec. 12. Any violation of these regulations in the treaty waters
within the territorial limits of the State of W ashington or within
the treaty waters of Canada shall be punishable by the imposition of
appropriate penalties to be provided by legislation in each country.

S. Doc. 116, 66-1 2

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