Glass. Book. 66th Congress, 1 SFNATE /Document 1st Session. | ^ ^. . ! No. 116. SOCKEYE SALMON FISHERY CONVENTION. M E 8 S A a E I'RO.M THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A COPY OF A COMMUNICATION FE,OM THE SECRETARY OF STATE SUBMITTING A COPY OF THAT PORTION OF THE REPORT OE THE AMERICAN-CANADIAN FISHERIES CONFERENCE CONCERNING THE REHABILITATION AND PROTECTION OF SOCKEYE SALMON OF THE ERASER RIVER SYSTEM. Septembeu 30, 1919. — JJead ; injiiiiclion of secrecy reDioved, referred to the Committee on Foreign Relations, nnd ordered to l)e printed. To the Senate: I tiansmit herewith for consideration in connection with the So.'k- eye Salmon Fishery Convention recently submitted to tlie Senate, a copy of that portion of the report of the American-Canadian Fisheries Conference concerning the rehabilitation and protection of sockeye salmon of (he Eraser River system. WooDROw Wilson. The Wpiite House, 29 Sejytemher, 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 sockej^e salmon of the Eraser Eiver system. Respectfully submitted, William Phillips. Department or State, Washington^ September 24-, 1919. 9 2 s()('l\i;^■I•: sal.mox fishkry coxvp^ntiox. '' KKIIAmLnA'JlOX AXD PlJOTEGTlON OF THE SoCKEYE SalMON OF THE Fraser Kiver System. For tlie piirj^oscs of the sockeye salmon fishery, the Fraser Eiver system embraces not only the Fraser RiYer itself and its estuary, hut the southern portion of the Gulf of dreorgia, AVashingt-on Sound, and Juan de Fuca Strait. Five species of salmon fre([uent this system, yI/, the sockeye, the cliinook or spring, the coho or silver, the pink asiu and in strt^anis of Washington, Vancouver Island, and the main- land of British Columbia, the sockeye resorts almost exclusively to the Fraser for ^pawning purposes: and it is the sockeyt' and its fishery which at this time constitute tlie most ini[)ortant interna- tionnl (juestion atfecting the fisheries of the Pacific coast of the two con ntr it's. A small fun of sockeye snlnion resorts to the Skagit River, in Washington, but it is relatively unimportant, and its conmiercial j)Ossibilities, owing to the restricted area of the spawning grounds, are sharply limited. For all practical purposes, it may be said that all the sockeye salmon that enter Juan de Fuca Strait from tlie 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 boundiiry line, but after reaching the vicinity of the southern extremity of \'ancouver Island the great uuijority pass over to the Fnited States waters and do not emerge therefrom to any note- Y(,rthy extent until they have passed through the channels among the Ignited vStates islands in Washington Sound. Thus it is that while these fish wu-re hatched in the Fraser River and are proceed- ino- back to it, 1)V !V.r the largest catches have been nuide in the ocr )-2y \ .SOCKEYE SALMON FISHERY CONVENTION. 3 United States waters. Usually 60 per cent or more of the total <;atc]i is taken in the State of Washington. The Fraser River is potentially the greatest sockeye-producing stretun on the Pacific coast. Its tribntary lakes and rivers cover an area 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 earliest records — those of its discoverer, Simon Fra- ser — covering the period from 180G to 1811, is an extraordinarily lieavy i"un 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 rare 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 ri^er at Hells (^ate Canyon, or vicinity, a slide wliich 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 suffi- ciently wear away the obstruction to enable the salmon to pass, so that in those three years the only sockeyes that effectively spawned were those that nornuilly resorted to the comparatively small portion of the system below Hells Gate. This theory is strongly supported by the experience of 1918, which will be referred to later. The sockeye of the Fraser River are piedominantly 4-year fish; that is, they reach maturity and return to the I'iver 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 l^acific salmons, that a part of the runs each year consists of 3-year and 5-year fish, a5 though the percentage of such is small. This beiug 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 "off years" without invalidating the theoi-y, for there would be a propor- tion of these fish that would not return to the upper spawning- grounds dui'ing 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 connnercial fishing on the Fraser River the industry began in Washington (in 1877). For many years sockeyes Avere 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 efficient equipment was used, until, had it not been for the weekly ( lose 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 np the Fra- ser River, it does not seem that any appreciable number could Iuia e escaped. The fish are met as far out to sea as they can l;e located with purse seines. Nearh' 500 of these great nets were in use in Juan de Fuca 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 TTnited States waters, and in the river itself and its estuary over 2,000 gill nets, each 900 feet long and 60 meshes deep, were used. The Fraser is fished more intensively in proi)ortion to its area and to the supply of sockeyes running therein than are the waters of Juan de Fuca Strait and Washington Sound. The combined length of the nets operated on the Fraser in 1917 was over 445 miles, of which about 400 miles were used in the 15 miles of river between its mouth and Xew Westminster Bridge. The degree of this intensit^r is indicated by the fact that for every scjuare mile of river there were in the section below the l)ridge more than 30 linear miles of nets. In the year 1914 the total number of gill nets in use on the Fraser Eiver 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 reaching their spawning grounds. The result was inevitable. The fishery is now verging on exhaustion. The depletion of the spawning grounds abo\'e Hells (irate, where, during the '' otF years" the number of fish had alw^ays 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 com])lete reliance on the spawning grounds below Hells Grate. For 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," 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 ]:»ut an end. at least temporarily, 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 ]>roceed 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 re'^'ort there, and so were carried back below the "gate" by the force of the 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 at the time of high water at the beginning of the run, but not more in the aggregate than in a good " off year,"' so while the removal of the obstruction w^as pressed along with all j^JO'^sible 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 ^^ars." 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 1\y 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. Total number of cases. Year. Numbe ^ of cases. Total Year. Fraser River. Paget Sound. Fraser River. Puget Sound. number of cases. 1902 293,477 204,809 72, 688 837, 489 183, 007 59,815 63, 126 .542,248 133, 045 372,301 167, 211 109, 2C)4 825, 453 178, 748 93, 122 170,9.51 1,097,904 24S, 014 665, 778 372,020 181,952 1,662,942 361,755 1.52, 937 234,077 1,640,152 381,0.59 1911 . 58, 487 108, 784 681,. 596 185, 483 89,010 27,394 123,614 1.5,000 127, 761 184, (i80 1,673,099 335,230 64,, 584 81,637 4 11, .538 50, 000 186 248 1903 1912 213 468 1601 1905 190(i . 1913 1914 1915 2,3.57,695 520,713 1.53 624 1907 1916 1917 1918 (estimated)... 112,031 1908 . 535 1.52 1909 65, 000 1910 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 jesiv " 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 e^■er was. and all the conditions for successful spawning are as favorable as in earlv times. The onlv deficiencv is in the spawning fish. ^■ (:2) Unless drastic action is taken, internationally, to save the sit- uation, the fishery w^ill become commercially exhausted in a few years. The figures for 1918 clearly evidence this. It would be an international calamity, involving almost criminal negk'ct on the part of both countries, if the latter condition were allowed to obtain. On the basis of the present prices, the sockeye 6 SOCK KM-: SALMOX FISHEHY CONVENTIOISI proo'ony of (liis rivoi' should be pro(iii('ini>-, annually, a food wortli' over $;)0,0()0,000, tliis fio'ure beino' based on the a<-tnal ]xvk of tlie last "bio- year,'' 1913. As it is, the average value for the four years L-ndino- lUlS is about $3,000,000. In tile face of the foregoing, and in view of the fact that there can b;' no c|uestion but that the river can be restored 1)Y the ])roper procedure, so that it vill produce to maximum capacity every year,. it is confidently believed tliat the interests in the two countries will stand Ix'hiud I he authoiities of botli in procuring tlie necessary ac- tion to lii'iug this about. Eii'oi'ts ha,ve bci'U made in the (>ast foi' uuitual arrangements to' afford adequate jn'otection. but Avithout success. The most impor- tant of these was in connection Avith the ti-eaty of 1008, for the in- ttrnational ])rotection of the fisheries in the contiguous Avaters along the entire hou.ndary line. This treaty failed, OAving to the fact that the Ignited States Congress refrained from approving the regula- tions drawu up uuder its pro\ isions, though tlu>y had been approved by the Parliauient of ('a,nada. But even if the regulations under that tieaty had been a})proved and made elfec(:i\'e. they Avould not haA'e luct the present ret|uirement^. The situation is suri-ounded by outstanding ditHculties, and great mutual concession^ and f(»r!)earan( e must he exer.ised 1)y tliose engaging in the industry on Ijoth sides of the line, if the necessary ,/ ste|)s to rest(nv the fishery are to be taken. j In British Coliunhia tin- fisliery interests feel Aery strongly that ' they have been iu an unfair position all through the jiast years. ; They point out thai while all the fish ari^ l)re<| in tlie Fraser River, j the tishei'inen ha\e been sliaLi)l\' re-iricied in (heir ojH'rations, l)eing \ allowed to use gill nets only, in addition to ha\ing to submit to a « longer Aveekly close time tlian is efl'ective in the State of Washing- | ton: Avhile their com])etitors haAc been permitted to use traps and ' j^urse seines, much moi'e cai)able and economical fishing appliances than gill nets: and tlu'y urge that Avhile the fish are l>red in Canadian Avaters, and must there be ])ro])er1y ])rotected if the fishery is - to be -a\'ed fi'om dei)leliou, thev obtain only one-third or less of the total c:>tcting and are entitled to a moi'e equitable pro- j portion of the fish. On the other hand, the fishing interests of the State of Washing- ton contend that they have not l^een taking unreasonable advantage of their more favored geographical position: that the (luantities of fish caught have not l)een out of proportion to the area of the fish- ing grounds, the aniounr 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 be efficiently and adequately regulated, but they are so regulated as to admit of a reasonable escapement of fish to the waters beyond. Both sides! however, fully realize tlu^ absolute need for inter- national action, and are prepared to make sacrifices in order to assure relief. While tlie ]n-oper disposition for essential action may have been laclciug in the ]>ast. it seems now to obtain. The interests on both sides of the line are fully aliA'e to the conditions, and they are eA'ideutly prei)are(i to cooperate to saxc the industiT. SOC'KEYE SALIMOX FISHERY COXVEXTIOX. 7 While the C'tuuulian 0()\ einineiit is tnlly nMe to co[y^ with lhc> situation in British Cohiuihia, it is recognized l)y the connnissioners of both countries that a ditf'erent condition exi>ts in V^ashington because of the jurisdiction of that State over the fisheries. 'I'he American connnissioners have no desire to impair or invade the powers wliich the State of AVasliington exercises over the fisheries; tliey realize that any proposed remedial action, to be effective, should receive the officiad support of the State and the ii'cneral approval of the local public oi)inion. As regai'ds any particular remedial action that may b.> proposed, it must be conceded that it is iuipossible to state v,ith certainty what the full results may be or when the\' may be achieved, because the experience is lackiug on which reasonaldy safe predictions can be based. Therefore, taking c(;gnizauce .)f the best nvformation avail- able, it will be necessary to a.dopt a tentative course in tlie expect.i- tion that after jjroper trial new measures or modilications may be required. In fact, in view of the rapidly changing conditions under which the salmon lisheries 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 sus})ension of the industry would riot. iu the oi)i!ii<)ii of the commissioners, be justified at this time. The honorable commissioner of fisheries for British Coluuibia, has reconnnended that the two Federal Govermnents t;ike over the fishery and c<)ui}>ensate any who might be foinul entitled to such ow- ing to this action, so that the (Tovernments might lie free to regulate the fisheries without interference and operate them in t!ie interests of the two countries. This course has nnu'h to coiiimend it. but youir commissioners feel that at this time and u.uder exi--ting co;^,ditions it is not feasil)le. Furtliermore. in th.e ca: e oi tin* Fiiited >--t;\tes, tlier:' is no way known to the comnnssioners by vrhicli the Fcleral (?overn- ment can acquire. b_y [turchase or otlierwi>e. fishery rights that are vested in the scAeral States, uidess such, riglits :ire \()huitarily relin- quished by the States. Some of tb.e specialists on the natural history of the salmotis recom- mended that all sockeye fishing be stopped for a teriu of yt\!rs. but in the light of the facts (1) that they regard one cycle, or foiu* years, as the mini'.num closure and that two. three, or more cycles would likely be found necessary: ("J) that as thiscoiu'se v>()uld force the clos- ing of many can.neries and render them worth.les< (the evidence shows that the machinery of a cannery will become scrap in five years if unused) : {'i) that as it would l)e impossible to >top all fishing (hir- ing a sufficiently long period to cover the sockeye run without inter- fering with the spring salmon fishery each year and with the piuk salmon fishery at least every second year: and (4) that as the facttliat the '" off years '* were not built uj) to anything like " big-year " propor- tions during the long period known to have ela])sedi since th.e "off years" have existed and before commercial fishingbegan. thus leaving little ground for hope for speedy results from this course alone, your connnissioners are not prepared to indorse tliis recommendation, at least until the trial of other methods has failed to yield reasonably effective results. The stojiping of all salmon fisliiug long enough to idlovr an escape- ment of 50 per cent of the sockeye run in both the Stale of W:i.-.hing- b SOCKEYE SALxMON FISHERY t 0^' VEXTION, ton and Biitisli Colunibia was favored by most of tliose engaged in the industry on both sides of the line as a basis for international ac- tion, though it develoi)ed that there i;; 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 from July 20 to 31 on the TTnited States side, and from July '25 to August 5 in British Colum- bia, so as to allow for the time th.at presunuibly would be taken by the salmon in passing from the strait to the Fraser Eiver, would I achieve the end in ^■ie^v: but this pi'opositioit was vigorously opposed ? in Britisl; Columbia, on the ground that the difference in dates is \ too long and that it is doubtful if any such sliding scale would l)e justifiable, in view of the lack of ])()sitive knowledge regarding the ' mo^'ements and rate of travel of salmon. I 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 b,y comprehensive and sustained study on the spawning grounds as well as otherwise. Salmon hatcheries have l)een in operation for yeai's, and have tunied out tens of millions of active, healthy fry annually, but iieither in Canada nor the United States can sufBcient residts be pointed to so far as the runs of sockeye are considered. This is not the case witli all s[>('ci(>s. Hatchery work sup})orted l)y reasonably l>r()vident iCgulations nni^t, for instance, be aiven the credit for re- >toi'ing th(< cliinook salmon fishery of the Columlna Bi\'er. but the chinook or sjiring salmon is a different s})eci("s with diffei'cu.t habits of l)oth adults and young. The young of the chinook sahnon can readily be held at the hatcheries until they are several months old and ha\(> reached a size when they are strong, actixc. and fairly capal)le t'.f protecting themselves against natural eiiemies. So fai-. however, eH'orts that ha\e been made at the Fraser Ki^'er hatcheries to si'ui- lariy retain young sockeye have not been successful, but information ;;s (o why this should not be so and how ii can be overcoine is lacking. ^e■\^ meihods of hatching by tlie ingeniou-^ uh' of gra\('l in a man- ner that largely reproduces the condition.s of natural spawning gi-ounds are being tried with considei'able |)romise of success by the oflicer in charge of the Canadian (Jovernment Hatchery ;d Harrison Lak'e, on the lower Fraser; and it i-^ [)Ossil)le that through these and ' other such experiments the present methods of sockeye hatchery , (>pei'ations may be revolutionized or at least vastly impro\"e(l. The fact that in all the " l)ig years '' of the i^ast the s])awn.ing a.reas of the Fraser system, above as well as b(doAV HeU's Cafe, were abun- dantly seeded, while in the ''off years'" the upper areas were very i liglitly needed, though normal seeding took place in the lower areas, ^ indicates the necessity through hatchei'3' or other methods of restor- ing the runs to the upper Avaters, if this fishery is to be rehabilitated. Further direct aid to the fisheries may be afforded by the system- atic reduction in the numl)ers of predatoiv fishes that frequent the >!)awning grounds. There seems little room for doubt, in tlie light of the evidence before the Commissioners, that the destruction of the eggs and young of salmon on the natural spawning grounds chiefly })}■ oth(>r fishes is appalling. The mutilation and destruction by seals arid sea lions of mature salmon on their wav to the Fraser River is likewise large and serious. ;ind its mitigation woidd ha\e a highly SOCKEYE SALMON FISHERY CONVENTION. 9 beneficial elfect 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, • I'eiiidatior.s are desiral)1e. In conn.ection witli these reunlations. it may be nsefnl to make die followinii' notes in rciiard to those that are excei)tiorial in their c'nar- a.cter : Section 5 will ha\e the eifect of stoppino- all fishinii- I'V Indians above the tichil boundary for connnercial fishin^a'. From time im- memorial it has l)een the practice of certain tribes of Indian.s to jm'o- vide tlieir winter supi)ly of iisli for themselves and their doii's b^ catchinii' salmon by speai'inii' -^nd otherwise as they were i)as.sinj throuiih dilHcult duinnels in the npi)er reaches of the river an.d (>ver4 on the s;)aA\nir,i!- iii'ounds themseh'es. The ninnber of fi-li so raketi has, in the a<>;i>re<:ate, l:)een very larae, and it was stated in the hear- int^-s tiiat tlie ninnber of salmon e^ii'ii's consumed by the Indiaiis an- nually Would oti'set the operations of se^'eral hatclieries. Haviuii' I't^- jrard for the \alne of each lish that succeeds in escapina' all tlie ap- })liances of the connnercial {islsermeji and reacluna (lie s]);;v,n.in<:.' areas and its imi)ortance in maintaining' the \'olnme of future runs, this In.dian fishinii" is far from an economi<-al method of supplying their food re'inirements. There exists ]:)rejudi!'e on the part of the Indians to usinjr tisii jirepared otherwise tha.n in the manr.er followed l)y them, but kee})inti" in \ iew the \^■ellare of the salmo]i fisheries this prejudice s]i(;iild be overcome or should be considei'ed of secondary importance. E\-ery reasomilde facilit\' andi encoriragement should be ai^'en t'-i^ Indians to catch ncessary sni)plies of salmon for th.eir family r.sv'> in the tidal ^^•aters a.nd to transport them to their homes, but should it l)e found nect-ssary for the pi'oper authorities to furnisli them ^^ ith cei'tair. (juaritilies either in a camied oi' cured form, it seems reason- able that the cannina- arid fresh-fish irxtei'e--ts on both sides of the boundary sh.ould cooperate in i)roAidinn- such food. Th.e avUiuial close se'ason provided for by section (> is desigried to <.{\\v the sockeye a free run to their sjiawnini;: grounds during ;i l)orlion of the time when the ruy is heavy. This protection is addi- tional to that afforded by the pi*esent weelcly close season, and it is anticipated tha.t aj)proxinuitely a numl)er of fish ecjual to r>(i per cent of the usual pack will thus escape to the spawning grounds. In tlie al»sence of final information as to the sliced at which sock- (>ye travel, aftei' entering Juan de Fuca Strait and until they reach the Fraser, your conmiissioners do not feel justified in reconnnending any dilference in the time of beginning and ending of this clo-e ])eriod in either country. As will be noted in the reconmendations forjning j)ai't of this re]"»ort. your connnissioners u.rge. however, that the two ('overnments take the necessary stejis to ])i'ocure this information. A beginning of this woi'k has bi-en made during tlie ])resent ye;!r (1!)1S). It may be found that if any ditl'(>;Tnce is desira])!e, it should be pn-ovided ncit only so far as the I'nited Sttdcs and (';nia desirr.ble fro-.w •m a.diiiiriirtrat i\e st:";d])!«lnt. am! t]T(> fait that the fi-h ;tre dis- ti'ibutcMl o\ er a lar rivei' -it that time w'd es( ;u (• above the tishiria limits, nujv render it unceitain SOCKEYE SALMON FISHERY CONVEXTIOX. 11 whether in the lono- mn there is any real advantage in a in'ogre-^sive close season. It is nrged by several Avitnesses that this annual close time should be established in lieu of the vxeekly close time. It is certain, however, that the g.ood effects of the proposetl annual ck)se time would be practically nullified if this were done. Both the proposed annual and weeldy close times to.a'ether 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 tlie purpose by the associations acting in behalf of tlie fishery interests on both sides of the l)oundary. These figures for British Coiuuibia arc complete, for Puget Sound they co\'er the catch handled by only a ])ortion 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: I'er (out. 1!)14 28.44 ]!)i:^ IG. 31 191U 36.99 1917 40.10 The total quantity packed during these 12 days in the -1 years named Avould be 32.2 per cent ,of the total jjack for these years Tlie vseekly close time provided by the proposed regulations, namely, 30 hours, is 21.4 per cent of each week. Assuming that during these four yoai's there had been no weekly close time, the catch during these 36 hours per week wouhl have added 18.5 per cent to the pack. Combining this figure Avith tlie 32.5 per cent for the 12-day periods would give an escapement of 51 pel' cent of the packs during both the annual and weekly close times. It is not claimed that these figures re])resent 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 3"ears " 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 is now permitted in the Fraser River up to ^Mission Bridge, about 50 miles from its mouth, although fishing from Xew 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 Avords, when the mass of nets lielow the bridge gets into full ojieration too fcAv fish esca})e Ix^vond it to make the fishing above worth Avhile. On the other hand, the fishermen above the lu'idge are bona fide residents. Avho settled there Avith a vicAv to the fishing, on Avhich they depend to an important degree to enable them to become es- tablished on the land. In the circumstances, your commissioners feel that it Avould be unfair to depriA-e these people of all fishing- privileges, but it is evident that the fish must have more protection. 12 SOCKEYE SALMON EISHEKY CONVEXTIOX. It is. therefore, recommended tl\at the AAeekly close time abo^'e the bridge be 2-t hours lonoer than lielow it, and that other restrictions be thro^yn around the exercise of the fishing privileges in this region. The jn'oposed method in section T of arranging the traps during tlie close time is tliat required in the Columbia River. The opinion is fairly general that, with jiggers attached to tlie traps, the mere closing of the entrance for a short time does not assure that salmon Avill escape, which is the sole object in view, bvit rather that tiiey will play between the leader and the jigger until the trap is again opened. By ojiening a })ortioii of the lead, in addition to closing the trap, the fish Vkill be given a much better chance to move onward. Sections 9 and 10 relate to purse seines. At the present time pui'se 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 night and day, excepting when it is being lifted, and that pui'se seines can be used only in the day and when evidences of fish are visilde. 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 circamstances. to lecjuire purse seiners to refrain from casting their nets witliin ii,400 feet of a stationary fishing appliance is not a hardship. The use of purse seines in the narrow channels among the islands in Wasliington 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 natirre should be restricted to the open waters. The otlier ]:)rop()sed regulations invohe no new principles, and therefore need no special comment. In closing consideration of this matter, your commissioners again emphasize the vast importance of this fisherv 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 mucli 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 2.800,000 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 acknoAvledge the generous and capable assistance afforded by the local fishery authorities, interests, and associations, and especially l\v Gonnnander Miller Freeman, publisher of the Pacific 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 Britisli Columbia for the Federal Govei'ument of Canada; John P. Babcock. assistant to the provin- cial connnissioner of fisheries; and Dr. A. McLean Frasei-. tlie representative of the Canadian Biological Board in British Colum- SOCKEYE SALMON FISHERY CONVENTION. 13 bia. These gentlemen voluntarily served with the subcomuiiltee of your commissioners in considering a proper systein of regulations for this fishery, and so greatly facilitated the inquiries and findings of vour connnissioners. Appendix A. TREATY BETWEEN GREAT BRITAIN AND THE UNITED STATES CONCERXING THE SOCKEYE SALMON FISHERIES OF THE ERASER 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 sock eye salmon of the Fraser River system referred the question to an international joint connnission appointed by the respective (Tovemments in December, 1917, to consider a settlement of outstanding questions affecting 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 appoiiitment of an in- ternational fisheries commission to conduct investigations into the life history of the salmon, hatchery methods, spawning ground conditions, and related matters, and to observe the eifects 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 Great 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 purpose appointed He ^ :J: ^ H? Hi ^ who having exchanged their full ]wWers, found to l)e in due form, have agreed to and signed the following articles: Article 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, engines, gear, apparatus, and appliances wdiich may be used therein shall be limited to those sjiecified in the S3'stem of regulations appended hereto. Art. 2. The two Governments engage to put into o])eration 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 operation shall be lixed by concurrent proclamations of the Governor General of the Dominion of Canada in council and of the President of the United States. Art. 3. It is agreed that the aforementioned regulations will apply to the waters included within the following boundaries: Beginning iU Carmanagh 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" EISHERY CONVENTIOX. tory. tlietice followino- the southerly shore of Junn de Fuca Strait to Point AVilson. on Qiiimjier Peninsula, tlience in a straio-ht line to Point Partrido'e on Whidbey Tshmd, thence followinp; tlie western shore of the said Wliidhey Ishmd, to tlie entrance to Deception Pass, tlience across said entrance to the southern side of Eeservation Bay. on Fidalp-o Island, thence following the western and northern shore line of the said Fidalgo Island to Swinoniish Slough, crossing the said Swinoniish Slough., in line with the tra^-k of the Great Northern Pailway, thence northerly following the shore line of tlie mainland to Point ih-ey at the southern entrance to Burrard Inlet, British Colunihia. thence in a straight line to the southern end of Gal)riola IslaiKl, thence to the southern side of the entrance to Boat IIar))or, Vancouvei' Island, thence following the eastern and southern shores of the said Vancouver Island to the starting point at Garnianagh Lighthouse, as ^hown on the TTnited States Coast and (leodetic Survey (luirt Xo. ()300, as corrected to July 20, lOls. and also the Fraser River iuid its tril)utaries. The two Governments engage to have ])repared as soon as practi- cable 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 })urpose of this treaty as may be recommended by the counnission referred to in the following article: AiiT. 4. The high contracting parties agree to appoint a commis- sion, to be known as the International Fisheries Conunission, con- sisting of four persons, two to be named by each Govin-mnent, to conduct investigations into the life history of the salmon, hatchery methods, sjiawning-ground conditions, -and other I'clated matters, and to observe the effects of the said regulations and to reconnnend to their respective Governments any modifications of or additions to the aforementioned regulations which may in the light of ex- perience l)e found desira])le. Akt. 5. The International Fisheries Gommission shall continue in existence so long as this convention shall be in foT'c(\ and each Gov- ernment shall have the power to fill and shall till fi-oni time to time any vacancv which mav occur in its i-e])resentation on the commis- sion. Facli Government shall i)ay its own counnissioners. and any joint ex{)enses shall be paid by the t\A() ( Jo\'ernnients in e(iual moieties. Ai!T. *'). This conNc'ution shall remain in force for a }>eriod of 15 years, and thereafter nntil two years from the date when either the "Government of (ireat Tiritain or tlie (irovernment of the Ignited States shall ii'ive notice to the other of its desire to terminate it. Airr. T. The regidations, restrictions, and provisions pr()\ide(l for in this corivention shall remain in force for a jieriod of eight years from the date of their executive i^romulgation, and thereafter until one year fi'om the date when either the {ilo\ernnient of Great Britain or of the Ignited States shiill give notice to the other of its desire for their I'evision. and immediately u])on such notice being given the counnission shall proceed to ma.ke a ri'vision thereof, which revised regulations, if adopted and jironiulgated, as i)rovided by Article 2 hereof, shall remain in force, for a period of five yeai's and thereafter until one year frou> the date when a further notice of revision is given as ai)0ve i)rovided in this article. It shall, however, l)e in the power of the two Governments, by joint or concurrent action upon SOCKEYE SALMON FISHERY CONYEXTIOX. 15 tlio recommendation of the commission, to make modifications at any time in the reo-idations, and to l)rino- any or all of the other species (it salmon, inclndino- steelhead, within the scope of such modified n'iinlations. ART. 8. The present convention shall be duly ratified by His Bri- tannic Majesty and by the President of the TTnited States, by and with the advice and consent of the Senate thereof, and tlie ratifica- tions shall be exchanged as soon as practicable. In faith whereof the respective plenipotentiaries have signed the present convention in duplicate, and have therenr.to affixed their seals. Done at in the year of our Lord one thousand nine hundred and eighteen. Appexdix B. a syste^r of ixtepixatioxal regulations foll the protef'tiox and preservation of the sockeye salmon fisheries of the eraser RIVER SYSTE:Nr. Section 1. The following regulations shall apply to the waters included 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; thejice 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 Fidalgo Island to Swinomish Slough, cross- ing the said Swinomish Slough in line with the track of the Great Xorthern 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 soutliern end of (xabriola Island; thence to the southern side of the entrance to Boat Harbor, "\'ancouver Island; thence following the eastern and .southern shores of the said Vancouver Island to the starting point at Carma- nagh Lighthouse, as shown on the United States Coast and Geodetic Survey Chart Xo. 6300, as corrected to July 20, 1018, 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. '' Comnussion '' shall mean the International Fisheries Commission appointed under the treaty 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 territorial limits of the State of Washington shall not be per- 16 SOCKEYE SALMON FISHERY CONVENTION. missible except under license from sucli State and in the treaty waters of Canada, except under license under the provisions of the fisheries act of Canada. (b) No greater number of licenses for any class of fishing" appli- ance shall be authorized in any year in the treaty waters Avithin 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 ti'eaty 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 comi^any or firm, unless it is an American company or fii'm or is authorized to do business in the said State, and no licenses shall be granted to any person, com- pany, or fii'm in the Province of British Colomliia, 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 ))usiness in the said Province of British Columbia. {(I) 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 cidtiA'ating such land shall be eligible for a license to fish for sockeye salmon l)etween New Westminster Bridge and JNIission Bridge, but fishing under such license shall not be carried on below New Westminster Bridge, Sec. 4-. The use of nets other than diift nets, purse seines, and trap nets shall not be permitted in treaty waters for the cajjture of sockeye salmon. Sec. 5. No net fishing or fishing of any kiiid other than with hook and line, exce])tiug for liatchery purposes or scientific purposes, shall be j^ermissible in the Fraser River above the down-river side of Mission Bridge. Sec. (*). During the years lUlU to 10i:!(), both years inclusive, no one shall fish for, catch, or kill any salmon from the 20tli day of July to the 31st day of July in each year, both days inclusive; and during this close time no nets or appliances 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 G o'clock a. m., Saturday, to o'clock p. m., Sunday, in Canadian waters, excepting in that portion of the Fraser River between New Westminster Bridge and INIission Bridge, where the weekly close time shall be from 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 anriual close season each trap net shall be closed by an apron placed across the outer entrance to the heart of the trap, which apron sliall 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 tra]5 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- 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 conunission : Provided, 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 innnediately 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 iniobstructed during the full period of each weekly close time or annual close season. For the purpose of securing full compliance 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 shall be limited to a total length of 2,500 feet, with an end passageway of at least COO 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 d-istance of at least 2,400 feet between one trap net and the next. Sec. 9. A salmon purse seine shall not exceed 1.900 linear feet iu length, including the lead and attachment, measured on the cork line when Avet. Sec. 10. {a) No purse seine shall be cast or placed in the Avater for fishing purposes Avithin 2,400 feet of any trap net. {h) The use of purse seines for the capture of sockeye salmon shall be confined to the treaty Avaters soutliAvard and AvestAvard of a straight line drawn from the lighthouse on Trail Island, British Columbia, to the nortliAvest point of Whidbey Island, State of Wash- ington. Sec. 11. A salmon draft net shall not exceed 900 linear feet in length, and the vertical breadth thereof shall not exceed GO meshes, and the size of the mesh shall not be less than 5f inches, extension measure, when in use. Sec. 12. Any violation of these regulations in the treaty Avaters within the territorial limits of the State of Washington or Avithin the treaty waters of Canada shall be punishable by the imposition of appropriate penalties to be provided by legislation in each country, S. Doc. liG, 6(i-i 2 O Gay ford Bros. Makers Syracuse, N. ¥ LIBRARY OF CONGRESS