TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-1204 

________________________________________________________________________ 

FISHERIES 

Pacific Salmon 

 Agreement Between the 

UNITED STATES OF AMERICA 

and CANADA 

Relating to and Amending 

Annexes I and IV of the 

Treaty of January 28, 1985, as 

Amended 

Effected by Exchange of Notes at 

Washington December 4, 2002 

with 

Attachments 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
CANADA 

Fisheries: Pacific Salmon 

 Agreement relating to and amending Annexes I and IV of 

 the treaty of January 28, 1985, as amended. 

 Effected by exchange of notes at Washington 

 December 4, 2002; 

 Entered into force December 4, 2002. 

 With attachments. 
.^..-kmtmEsaZro (CmlaNa

Washington, December 4, 2002

Note No.0098 

Excellency,

I have the honour to refer to the negotiations that have been underway since 1971 concerning

the conclusion of a long term agreement for the conservation of salmon stocks originating in the

Yukon River in Canada and to propose an Agreement between our two Governments comprising the

following elements:

1. Pursuant to Article XIII of the Pacific Salmon Treaty, done at Ottawa on 28 January

1985 (hereinafter "the Treaty"), Annex I of the Treaty shall be amended as set out in

Attachment A and Annex IV shall be amended by the addition of a new Chapter 8,

as set out in Attachment B.

2. The following Articles of the Treaty shall not apply in relation to Annex IV,

Chapter 8:

...12
(a) Article H, paragraphs 7, 8, 18, 19, and 20;

(b) Article IV;

(c) Article V;

(d) Article VII; and

(e) Article XIII, paragraph 2.

3. Further, with regard to Article XII of the Treaty, for matters related to the Yukon

River, the Yukon River Panel shall substitute for the Commission.

4. A Yukon River Salmon Restoration and Enhancement Fund ("the Fund") shall be

established in accordance with the terms and conditions set out in Attachment C.

5. The obligations under this Agreement shall be subject to the obtaining of specific

legislative authority from the United States Congress for the Fund. Such

Congressional action (i.e., authorization and appropriation) lies within the discretion

of the U.S. Congress.
6. If in any year the United States does not make an annual contribution as required in

Attachment C, until the United States makes such contribution for that year the

Parties' obligations under this Agreement shall be suspended.

7. Each Government shall take the necessary steps to implement the obligations under

this Agreement consistent with its national laws.

8. If the Treaty is terminated in accordance with Article XV(2) thereof:

(a) this Agreement shall be suspended and enter into force under the name

"Yukon River Salmon Treaty" upon an exchange of diplomatic notes

indicating that the necessary internal procedures of the Parties for the entry

into force of the Yukon River Salmon Treaty have been completed;

(b) the functions of the Yukon River Panel shall be assumed by a new

commission, the "Yukon River Salmon Commission", and the Yukon River

Panel shall thereupon cease to exist;

(c) other provisions of the Treaty, to the extent they apply to the Yukon River,

shall remain in effect as part of the Yukon River Salmon Treaty, mutatis

mutandis; and

...14
(d) our two Governments shall seek to agree on other measures necessary for the

continuation and application of the Yukon River Salmon Treaty.

9. At the end of the third year following its entry into force, and at any time thereafter,

either Government may give notice of its intention to terminate this Agreement. The

Agreement shall terminate one year following such notification.

If the above proposal is acceptable to the Government of the United States of America, I

have the honour to propose that this Note, with its attachments, which shall be equally authentic in

English and French, and your Excellency's affirmative Note in reply shall constitute an Agreement

between our two Governments which shall enter into force on the date of your Note in reply.

Accept, Excellency, the renewed assurances of my highest consideration.

Robert G. Thibault

Minister of Fisheries and Oceans

The Honourable Colin L. Powell

Secretary of State

U.S. Department of State

Washington, D.C.
ATTACHMENT A

Amendment to Annex I of the Pacific Salmon Treaty

The Parties agree to add a new paragraph (e) as follows:

"(e) a Yukon River Panel for salmon originating in the Yukon River."
ATTACHMENT B

Amendment to Annex IV of the Pacific Salmon Treaty

The Parties agree to add a new Chapter 8 as follows:

Chapter 8

Yukon River

1. The Parties recognize:

(a) the uniqueness of the Yukon River and its salmon fisheries; having as their

principal goal to rebuild and conserve stocks and provide benefits to the

fisheries ofboth countries on this river system, which means the maintenance

in both countries of viable fisheries on the Yukon River;

(b) that subsistence fisheries in Alaska have priority over other fisheries in

Alaska;
(c) that aboriginal fisheries in Yukon have priority over other fisheries in Yukon;

(d) that salmon stocks originating from the Yukon River in Canada are harvested

by fishers of both Canada and the United States and that effective

conservation and management of these resources are of mutual interest; and

(e) that considerable work remains to be done to understand the composition of

stocks in the various Yukon River fisheries and to develop effective

management techniques based on precautionary management approaches.

Definitions

2. For the purpose of this Chapter:

(a) "Enhancement" means expanding a wild salmon stock beyond its natural

production level;

(b) "Mainstem Yukon River in Canada" means the Yukon River drainage in

Canada, excluding the Porcupine River drainage;
(c) "Restoration" means returning a wild salmon stock to its natural production

level;

(d) "Yukon" means the Yukon Territory of Canada;

(e) "Yukon River" means the entire Yukon River drainage in Canada and the

United States;

(f) "Yukon River in Canada" means the entire Yukon River drainage in Canada,

including the Porcupine River drainage; and

(g) "Total Allowable Catch (TAC)" means the total run size of each salmon

stock less the agreed spawning escapement objective for that stock.

Application

3. This Chapter applies to salmon originating in the Yukon River.
General

4. Each Party shall designate its management entity responsible for the harvest of

salmon referred to in paragraph 3.

5. The Parties shall seek to ensure effective conservation and management of stocks

originating in the Yukon River.

6. When a fishery is managed under a guideline harvest range regime:

(a) the United States shall manage its fishery with a view to delivering to the

Alaska-Yukon border the agreed spawning objective plus the midpoint of the

Canadian guideline harvest range; and

(b) Canada shall manage its fishery within its guideline harvest range with a view

to achieving the agreed spawning escapement objective. In years when the

number of salmon reaching the Yukon River mainstream border exceeds the

upper end of the Canadian guideline harvest range plus the upper end of the

agreed spawning escapement objective, Canada may, subject to paragraph 18,

utilise the surplus.

.../10
7. The respective management entities shall consult closely and where possible coordinate pre-season management planning and in-season responses to run

assessments. If it is determined in-season that pre-season management measures

agreed to by the Panel are insufficient to achieve agreed spawning escapement

objectives, the management entities shall consider taking further conservation

measures to meet the escapement objectives.

8. The harvest sharing arrangement for Canadian-origin Mainstem Yukon River chum

salmon shall be specified in Appendix 1, as amended from time to time by agreement

of the Parties.

9. The harvest sharing arrangement for Canadian-origin Mainstem Yukon River

chinook salmon shall be specified in Appendix 2, as amended from time to time by

agreement of the Parties.

10. Subject to budgetary limitations, the Parties shall seek to implement the fisheries

research and management programs recommended by the Panel on the advice of the

Joint Technical Committee (JTC) for co-ordinated management of Yukon River

chum and chinook salmon stocks.
11. Notwithstanding paragraph 10, each Party shall seek to implement such research and

management programs as may be required to implement this Agreement.

12. The Parties shall maintain efforts to increase the in-river run of Yukon River origin

salmon by reducing marine catches and by-catches of Yukon River salmon. They

shall further identify, quantify and undertake efforts to reduce these catches and bycatches.

Yukon River Panel

13. Subject to the approval of the Parties, the Yukon River Panel shall make such

by-laws and procedural rules for itself as may be necessary for the exercise of its

functions and the conduct of its meetings.

14. The Yukon River Panel shall make recommendations to the management entities

concerning the conservation and co-ordinated management of salmon originating in

the Yukon River in Canada.

.../12
15. The respective management entities shall take into account the recommendations of

the Yukon River Panel in the adoption of regulations, and shall ensure the

enforcement of these regulations. These entities shall exchange annual fishery

management plans prior to each season.

16. Based on recommendations of the Joint Technical Committee:

(a) the Yukon River Panel may from time to time recommend spawning

escapement objectives for implementation by the Parties through their

management entities; and

(b) the Yukon River Panel may revise the spawning escapement objectives for

rebuilt stocks in Appendixes 1 and 2.

17. Each year the Yukon River Panel shall review the performance of the fishery

management regimes of both Parties for the preceding season with a view to making

recommendations to the respective management entities for improving management

performance in order to achieve agreed objectives in future years.

.../13
18. For any year when a strong run is anticipated, the Yukon River Panel may

recommend a spawning escapement objective greater than the agreed level.

19. If the Panel makes such a recommendation as specified in paragraph 18, the United

States will endeavour, for that year, to deliver to the Canadian border on the

mainstem Yukon River the number of salmon necessary to meet the spawning

escapement objective recommended by the Panel, plus the agreed Canadian harvest

share.

20. In any year of a strong run, the United States agrees to consider increasing the border

escapement to a level greater than agreed in order to allow a higher spawning

escapement for that year.

Joint Technical Committee

21. The Parties shall maintain the Yukon River Joint Technical Committee (JTC)

established by paragraph C.2 of the Memorandum of Understanding regarding the

Treaty, done at Ottawa 28 January 1985, which shall continue to report to the Yukon

River Panel. The JTC shall meet annually or more frequently at the direction of the

Yukon River Panel to, inter alia:

.../14
(a) assemble and refine information on migratory patterns and the extent of

exploitation in fisheries harvesting Yukon River origin salmon;

(b) review existing assessment techniques and investigate new ways for

determining total return and escapement and make recommendations on

optimum spawning escapement objectives;

(c) examine past and current management regimes and recommend how they

may be better formulated to achieve escapement objectives;

(d) exchange information on existing and proposed restoration and enhancement

programs, identify restoration and enhancement opportunities and evaluate

the management consequences of harvests of restored or enhanced fish;

(e) develop and recommend restoration and enhancement programs to be funded

by the Yukon River Salmon Restoration and Enhancement Fund;

(f) monitor and co-ordinate agreed research programs and recommend research

required in order of priority to enable the Parties to effectively implement this

Chapter;

.../15
(g) evaluate annually the status of Canadian origin chum and chinook salmon

stocks and make recommendations for adjustments to the rebuilding

programs set out in this Chapter;

(h) annually, no later than 30 April, provide the Panel with run outlooks and

proposed in-season management strategies designed to achieve escapement

objectives and agreed harvest shares of Canadian-origin salmon stocks;

(i) use existing procedures and investigate new ways to evaluate progress in

rebuilding salmon stocks where necessary;

(j) investigate and recommend stock separation studies that would assist in

developing specific fishery management programs for individual salmon

stocks;

(k) review and analyse the effectiveness of alternative fishery regulatory

measures to satisfy conservation objectives;

.../16
(1) submit an annual report to the Yukon River Panel on fishery performance,

including harvests and fishing effort of all user groups, fish values made

available by either side and biological status of stocks;

(m) review information available on coho salmon originating in the Yukon River,

and undertake assessments of such stocks;

(n) report on the condition of salmon habitat and recommend measures to be

taken to protect or enhance salmon habitat;

(o) when appropriate, provide an evaluation of the ecological and genetic risks

of restoration or enhancement, socio-economic impacts, and identify

alternative actions including but not restricted to fishery management actions;

(p) recommend levels for restored stocks consistent with natural habitat capacity;

and

(q) undertake other assignments as may be requested from time to time by the

Yukon River Panel.

.../17
Rebuilding Mainstem Yukon River Chum and Chinook Stocks

22. With respect to chum and chinook salmon originating in the Yukon River in Canada,

when spawning escapements fall below target levels for rebuilt stocks as specified

in Appendices 1 and 2 to Chapter 8, Annex IV, upon recommendation of the Yukon

River Panel, the Parties shall, through their respective management entities,

implement a brood year rebuilding program for the Canadian mainstem stocks. The

objective of the rebuilding plan shall be to systematically, as per paragraph 23 below,

rebuild the spawning escapement in subsequent return years to the escapement

objectives specified from time to time in Appendix 1 for chum and in Appendix 2 for

chinook salmon.

23. The rebuilding program shall take into account the relative health of the brood years

with the object of rebuilding stronger brood years in one cycle and weaker brood

years in no more than three cycles in equal increments. For greater certainty, a cycle

for chum salmon is typically considered to be four years, and for chinook salmon, six

years, although the Panel may incorporate other age components in designing

rebuilding programs.

.../18
24. Based on the recommendations of the JTC, the Yukon River Panel shall establish and

modify as necessary interim escapement objectives of the rebuilding program.

Porcupine River

25. To ensure maximum benefits accrue to Porcupine River spawning escapements, the

Parties shall:

(a) not initiate new fisheries on Canadian-origin stocks within the Porcupine

River drainage before December 31, 2006; and

(b) following this period, any Party that intends to initiate a new fishery on the

Porcupine River shall inform the Yukon River Panel, which shall recommend

conservation and management measures.

.../19
26. With respect to the Fishing Branch River chum salmon, the Parties agree that when

spawning escapements fall below target levels for this stock as specified in Appendix

1 to Attachment B, the Yukon River Panel shall consider the need to develop a

rebuilding plan based on information and analysis from the JTC. If the Yukon River

Panel decides that such a plan is needed, it shall request the JTC to prepare a range

of rebuilding plan options, including allowing this stock to rebuild as a result of the

rebuilding program for the Yukon River Mainstem fall chum salmon stock. The

Panel shall determine which plan to recommend to the respective management

entities.

27. The Parties shall, through their respective management entities, implement the

rebuilding plan.

28. Following rebuilding, the Yukon River Panel may recommend catch shares for the

Canadian-origin Porcupine River chum salmon stocks.

29. If sufficient information becomes available for chinook and coho salmon stocks

originating in the Porcupine River in Canada, the Panel, upon recommendation of the

JTC, shall develop a conservation and management program for these stocks.

.../20
Habitat

30. In light of the benefits they receive from the salmon originating in their portions of

the Yukon River, the Parties agree that:

(a) salmon should be afforded unobstructed access to and from, and use of,

existing migration, spawning and rearing habitats;

(b) respective water quality standards should be maintained and enforced;

(c) productive capacity of the salmon habitat on both sides of the Alaska-Yukon

border should be maintained in order to achieve the objectives of this

Chapter; and

(d) should access be obstructed, water quality standards be degraded or

productive capacity of the salmon habitat be diminished to a degree that

affects the objectives established in this Chapter, the Yukon River Panel may

recommend corrective actions which may include adjustments to fishing

patterns, border escapement objectives and guideline harvest ranges.

.../21
Restoration and Enhancement

31. Each Party shall assist the Yukon River Panel in developing and implementing the

programs referred to in paragraph 1 of Attachment C and shall, in particular, provide

essential support, as required, for programs in its portion of the Yukon River.

32. Unless the Parties jointly decide otherwise, on the basis of recommendations by the

Yukon River Panel, the primary objective of

(a) restoration and conservation programs and projects shall be to increase

spawning escapements in areas requiring restoration; and

(b) enhancement projects shall be to increase harvests taking into account the

conservation of wild stocks.

33. Harvest shares for salmon produced by enhancement activities shall be recommended

by the Yukon River Panel.

34. The Principles and Guidelines for operation of the Yukon River Restoration and

Enhancement Fund are set out in Appendix 1 to Attachment C.

.../22
35. Contributions to be made by the United States to the Fund are set out in Appendix

2 to Attachment C.

.../23
APPENDIX 1

TO ATTACHMENT B

Escapement Objectives for and Harvest Sharing of

Canadian-Origin Chum Salmon

1. Subject to paragraph 16 of this Chapter, the Parties agree that the escapement

objective for the rebuilt chum salmon stock:

(a) in the mainstem Yukon River in Canada shall be greater than 80,000 chum

salmon; and

(b) upstream from the Fishing Branch River weir site shall be 50,000 to 120,000

chum salmon.

2. Harvest of Mainstem Yukon River chum salmon shall be shared beginning in 2001,

and continuing until amended by the Parties, on the following basis:

(a) when the Total Allowable Catch (TAC) is between zero and 120,000 chum

salmon, the guideline harvest range for Canada shall be between 29% and

35% of the TAC;

_124
(b) when the TAC is above 120,000 chum salmon, the guideline harvest range

shall be between 29% and 35% of 120,000, i.e., 34,800 and 42,000 chum

salmon, plus 50% of the portion of the TAC greater than 120,000 chum

salmon.

.../25
APPENDIX 2

TO ATTACHMENT B

Escapement Objective for and Harvest Sharing of

Canadian-Origin Yukon River Chinook Salmon

1. Subject to paragraph 16 of this Chapter, the Parties agree that the spawning

escapement objective for the rebuilt chinook salmon stock in the Mainstem Yukon

River shall be 33,000 to 43,000 chinook salmon.

2. Harvest of Mainstem Yukon River chinook salmon shall be shared beginning in

2001, and continuing until amended by the Parties, on the following basis:

(a) when the Total Allowable Catch (TAC) is between zero and 110,000 chinook

salmon, the guideline harvest range for Canada shall be between 20% and

26% of the TAC;

(b) when the TAC is above 110,000 chinook salmon, the guideline harvest range

for Canada shall be between 20% and 26% of 110,000, i.e., 22,000 and

28,600 chinook salmon, plus 50% of the portion of TAC greater than 110,000

chinook salmon.

.../26
ATTACHMENT C

Restoration and Enhancement Fund

1. The Parties hereby establish the Yukon River Salmon Restoration and Enhancement

Fund, hereinafter referred to as "the Fund", to be managed by the Yukon River Panel,

which shall be used for the following purposes:

(a) programs, projects and associated research and management activities on

either side of the Alaska-Yukon border directed at the restoration,

conservation and enhancement of Canadian origin salmon stocks;

(b) programs and projects that are directed at developing stewardship of salmon

habitat and resources and maintaining viable salmon fisheries in the Yukon

River in Canada.

2. Programs, projects and activities shall be funded based on the Principles and

Guidelines set out in Appendix 1 hereto.

.../27
3. Subject to the availability of appropriated funds, the United States shall, beginning

in U.S. fiscal year 2002, make an annual financial contribution to the Fund, in the

amount set out in Appendix 2 hereto. The United States will endeavor to make the

contribution in the first quarter of each U.S. fiscal year.

4. If in any year the United States does not make an annual contribution as required in

paragraph 3, this Chapter is suspended until the United States makes such

contribution for that year.

5. The cost of administering the Fund shall be drawn from the Fund.

6. The Fund shall be open for additional financial contributions from any source.

7. Monies from the Fund shall be disbursed by the Yukon River Panel according to the

following rules:

.../28
(a) with regard to paragraphs 1 a) and b), the percentage in Appendix 2 hereto of

annual available funds shall be disbursed on Canadian programs and projects

approved by the Canadian section of the Yukon River Panel based on

recommendations by the Canadian section of the JTC and found by the

Yukon River Panel as a whole to be consistent with the Principles and

Guidelines set out in Appendix 1 hereto; and

(b) the balance of annual available funds shall be disbursed at the direction of the

Yukon River Panel as a whole based on recommendations by the JTC as a

whole.

8. Monies disbursed from the Fund shall be accounted for as directed by the Yukon

River Panel.

.../29
APPENDIX 1

TO ATTACHMENT C

Principles and Guidelines for

Restoration, Conservation and Enhancement Programs and Projects

Principles

1. Restoration, conservation and enhancement programs and projects shall be consistent

with the protection of existing wild salmon stocks and the habitats upon which they

depend.

2. Given the wild nature of the Yukon River and its salmon stocks, and the substantial

risks associated with large-scale enhancement through artificial propagation, such

enhancement activities are inappropriate at this time.

3 . Artificial propagation shall not be used as a substitute for effective fishery regulation,

stock and habitat management or protection.

.../30
Guidelines

4. The priorities for implementing programs and projects using monies disbursed from

the Fund shall be in this order with regard to Attachment C, paragraph 1 a):

(1) restoring habitat and wild stocks;

(2) conserving habitat and wild stocks;

(3) enhancing habitat; and

(4) enhancing wild stocks.

5. Programs and projects using monies disbursed from the Fund with regard to

Attachment C, paragraph 1 b) shall be limited to:

(1) encouraging habitat stewardship, conservation and reclamation in activities

and industries that impact salmon and their habitats; and

.../31
(2) maintaining viable salmon fisheries in the Yukon River in Canada, thus

establishing incentives for the conservation and stewardship of salmon and

their habitats. Funding for commercial salmon fishing and processing shall

be limited to the development of infrastructure, capital equipment

expenditures and, in years when no commercial processing occurs, the

maintenance of processing infrastructure.

Programs and projects shall be evaluated by the Yukon River Panel based on a

Yukon River basin wide stock rebuilding and restoration plan to be developed and

updated periodically by the Panel. As an integral part of restoration, habitat

conservation, and enhancement planning the Panel shall undertake careful assessment

and inventory of wild stocks, their health, habitat, and life history.

7. The Yukon River Panel shall apply the most stringent of the fish genetics and fish

disease policies of the management entity of either Party to restoration or

enhancement programs and projects.

8. Following JTC evaluation of proposed programs and projects, each Party shall

provide an opportunity for public comment and review of the proposed programs and

projects, along with the JTC evaluation.

.../32
9. The Yukon River Panel shall decide which programs and projects to fund, based on

these guidelines, the JTC evaluation and any public comments received.

.../33
APPENDIX 2

TO ATTACHMENT C

U.S. Contributions

1. Subject to the availability of appropriated funds, beginning in U.S. fiscal year 2002,

the United States shall contribute 1.2 million USD annually to the Fund until this

Appendix is amended by the Parties.

2. The percentage of annually available funds to be made available for projects referred

to in paragraph 7 a) of Attachment C shall be 50% until this Appendix is amended

by the Parties.



































DEPARTMENT OF STATE

WASHINGTON

December 4, 2002

Excellency:

I have the honor to acknowledge the receipt of your Note

No. 0098, dated December 4, 2002, with attachments, which reads

as follows:

Excellency,

I have the honour to refer to the negotiations

that have been underway since 1971 concerning the

conclusion of a long term agreement for the

conservation of Salmon stocks originating in the Yukon

River in Canada and to propose an Agreement between

our two Governments comprising the following elements:

1. Pursuant to Article XIII of the Pacific

Salmon Treaty, done at Ottawa on

28 January 1985 (hereinafter "the Treaty"),

Annex I of the Treaty shall be amended as

set out in Attachment A and Annex IV shall

be amended by the addition of a new

Chapter 8, as set out in Attachment B.

2. The following Articles of the Treaty shall

not apply in relation to Annex IV,

Chapter 8:

His Excellency

Michael F. Kergin,

Ambassador of Canada.

DIPLOMATIC NOTE
(a) Article II, paragraphs 7, 8, 18, 19,

and 20;

(b) Article IV;

(c) Article V;

(d) Article VII; and

(e) Article XIII, paragraph 2.

3. Further, with regard to Article XII of the

Treaty, for matters related to the Yukon

River, the Yukon River Panel shall

substitute for the Commission.

4. A Yukon River Salmon Restoration and

Enhancement Fund ("the Fund") shall be

established in accordance with the terms and

conditions set out in Attachment C.

5. The obligations under this Agreement shall

be subject to the obtaining of specific

legislative authority from the United States

Congress for the Fund. Such Congressional

action (i.e., authorization and

appropriation) lies within the discretion of

the U.S. Congress.

6. If in any year the United States does not

make an annual contribution as required in

Attachment C, until the United States makes

such contribution for that year the Parties'

obligations under this Agreement shall be

suspended.

7. Each Government shall take the necessary

steps to implement the obligations under

this Agreement consistent with its national

laws.

8. If the Treaty is terminated in accordance

with Article XV(2) thereof:

(a) this Agreement shall be suspended and

enter into force under the name "Yukon

River Salmon Treaty" upon an exchange

of diplomatic notes indicating that the
- 3 -

necessary internal procedures of the

Parties for the entry into force of the

Yukon River Salmon Treaty have been

completed;

(b) the functions of the Yukon River Panel

shall be assumed by a new commission,

the "Yukon River Salmon Commission",

and the Yukon River Panel shall

thereupon cease to exist;

(c) other provisions of the Treaty, to the

extent they apply to the Yukon River,

shall remain in effect as part of the

Yukon River Salmon Treaty, mutatis

mutandis; and

(d) our two Governments shall seek to agree

on other measures necessary for the

continuation and application of the

Yukon River Salmon Treaty.

9. At the end of the third year following its

entry into force, and at any time

thereafter, either Government may give

notice of its intention to terminate this

Agreement. The Agreement shall terminate

one year following such notification.

If the above proposal is acceptable to the

Government of the United States of America, I have the

honour to propose that this Note, with its

attachments, which shall be equally authentic in

English and French, and your Excellency's affirmative

Note in reply shall constitute an Agreement between

our two Governments which shall enter into force on

the date of your Note in reply.

Accept, Excellency, the renewed assurances of my

highest consideration.

I have the further honor to inform you that the Government

of the United States of America accepts the proposal contained

in Your Excellency's Note and to confirm that your Note, with
- 4 -

its attachments, and this Note in reply shall constitute an

Agreement between our two Governments, which shall enter into

force on the date of this Note.

Accept, Excellency, the renewed assurances of my highest

consideration.

For the Secretary of State:

'7' 644 a Au-1.AI