Aboriginal Fisheries Panel calls for 50% of BC fishery

[www.turtleisland.org]

Report says certainty requires immediate recognition of Aboriginal fishing rights, and minimum 50% allocation of fishery to First Nations . . .

News and Comment
by Tehaliwaskenhas
Bob Kennedy,Oneida

Copyright
Turtle Island Native Network
http://www.turtleisland.org

June 10, 2004

A report by a panel on fisheries, describes the immediate action that needs to be taken, to ensure adequate quantities of fisheries resources for First Nations in British Columbia.

Our Place at the Table, First Nations in the BC Fishery, calls for the immediate recognition of Aboriginal fishing and fisheries management rights.

The panel called on the Canadian Government to allocate 50 percent of the fishery in British Columbia to First Nations.

The panel was established by the First Nations Summit and the BC Aboriginal Fisheries Commission.

In its report, the First Nations Panel on Fisheries says the minimum 50 percent allocation should be immediate, as a starting point and interim measure.

It also says the figure for some specific fisheries could reach 100 percent for the Aboriginal fishery.

The report recommends an immediate moratorium on further introduction of Individual Fishing Quotas in the west coast fishery, until the legitimate Aboriginal share of all fisheries is addressed.

The recommendations regarding Post Treaty Fisheries Management, are being discussed this week at the First Nations Summit meeting at the Tsleil-Waututh Nation centre in North Vancouver.

DETAILS
http://www.turtleisland.org/news/bcabfishery.pdf

(NOTE: this links to a .pdf file )

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BACKGROUND

BC Aboriginal Fisheries Commission
http://www.bcafc.org

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May 5, 2004
FIRST NATIONS SUMMIT AND BC ABORIGINAL FISHERIES COMMISSION TO REVIEW FEDERAL/PROVINCIAL TASK GROUP REPORT ON PACIFIC FISHERY (Vancouver) – The First Nations Summit and the BC Aboriginal Fisheries Commission (BCAFC) are actively reviewing the federal/provincial report on the pacific fishery authored by Donald McRae and Peter Pearse and released earlier today.

http://www.bcafc.org/Prs-McRae-Report.pdf

“The First Nations Summit and the BCAFC will be conducting a detailed review of the Treaties and Transition: Towards a Sustainable Fishery on Canada’s Pacific Coast report and its recommendations and examine the potential impacts of the report on conservation and sustainability of the Pacific fishery as well as the Aboriginal Rights and economic needs of First Nations”, said Grand Chief Edward John, a member of the First Nations Summit Political Executive.

“We will be examining the report and its recommendations to ensure First Nations rights to habitat management, maintenance and sustainability of the Pacific fisheries resource and access to food, social and ceremonial fish is not adversely affected”, said Arnie Narcisse, Chair of the BCAFC. In January 2004, in response to the federal/provincial governments failure to reflect the tripartite nature of the BC treaty negotiations in its review process, the First Nations Summit and BCAFC appointed a joint First Nation fisheries management panel to study the Fraser, Columbia and Skeena watersheds and coast areas and to parallel the work of the federal/provincial panel.

It is expected the First Nations Panel will issue its report by May 14, 2004. The terms of reference for the First Nations Panel on Fisheries include: The First Nation Panel will work independent of any organization and has been asked to articulate a vision of a viable post-treaty fishery that addresses both fisheries management and allocation challenges. The First Nation Panel has been tasked with describing a workable framework for fisheries management and principles to guide negotiations of both allocations and fisheries management between First Nations and Canada.

The First Nation Panel will focus on migratory fish stocks that are subject to multiple users since these are the major challenge. However, their scope of work includes all British Columbia fisheries that may be addressed in treaty negotiations. “Treaty negotiations include three parties – First Nations, Canada and BC.

Therefore we will be issuing an invitation to Mr. McRae and Mr. Pearse to attend the June 2004 First Nations Summit meeting to review the findings and recommendations contained within the federal/provincial and First Nation panel reports”, added Chief John. -30-

The First Nations Summit speaks on behalf of First Nations involved in the treaty negotiation process in British Columbia. Further background information on the Summit may be found at www.fns.bc.ca

The BCAFC works with most First Nations in BC on issues related to protect and enhance the aboriginal fishing rights of the First Nations of British Columbia. Further information on the BCAFC may be found at www.bcafc.org

For Further Information: Colin Braker First Nations Summit Office: 604.990.9939/Cell: 604.328-4094 Jen Thomas BCAFC Ph. 604-913-9060/Cell: 604 315-2916

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Here's an example of what the panel heard . . .

Presentation To First Nation Panel on Fisheries
Prince Rupert, BC
February 23, 2004
Tsimshian Tribal Council
138 – 1stAvenue
Prince Rupert BC
V8J 1A8
Ph: (250) 627-8782Fax:(250) 627-1938
ttc@tsimshian-nation.com

Presentation to First Nation Fishery Panel – February 23, 2004 (Prince Rupert, BC)Page 2 of 5I am pleased to have the opportunity to speak to the Panel this morning, once again andon behalf of our Hereditary Chiefs, I welcome you to the traditional territories of theTsimshian.

The Tsimshian Nation is comprised of 7 First Nations - Kitselas - Kitsumkalum - Lax Kw’Alaams - Metlakatla - Kitkatla - Gitga’at - Kitasoo/Xaixais

Registered population of approx 7,400 (as of Dec. 31, 2003)
Our traditional territories cover approximately 13,000 square miles of the northwest coast of British Columbia.

We understand you are addressing issues associated with Post Treaty Fisheries Management. As a maritime based nation, we have strong interest and concern on anyfuture management requirements that will impact our people. I hope this presentation will assist to identify some of our concerns.

Not all First Nations will agree to a comprehensive treaty process, however, all First Nations and certainly the Tsimshian have interests and needs associated with the fishery resource. For the Tsimshian Nation, we have been engaged in treaty making. Our approach has been to look at an overall and comprehensive treaty with Canada and British Columbia.

Under our fishery and marine resource approach, the Standards we put forward are: The Tsimshian have Aboriginal Rights and Aboriginal Title within our traditionalterritories – both on land and in the sea. This includes a right of access to our naturalresources. That conservation and sustainability of resources is a standard. That Tsimshian access to resources for food, social and ceremonial purposes beprotected. That Tsimshian access for economic purposes must be met. That Tsimshian First Nations have a valid and meaningful role in overall fish andmarine resource management.

To meet these standards we offer these additional thoughts: Conservation - There is a need to maintain a commitment to Conservation and Enhancement - Re-establish the Salmon Enhancement Program – both at a community level andon a watershed basis, - Establish and maintain an effective monitoring, stock assessment and analysis program, - As the Skeena River is one of the largest salmon producing watersheds in BC, itdeserves special attention with consistent and improved escapement and counting system requirements, - Establish a First Nations monitoring and enforcement regime … this is particularly important given the direction of both levels of government to withdraw services for cost efficiency purposes. We cannot afford to save money but lose the marine resources because of a lack of enforcement.
Food, Social and Ceremonial - While First Nations have a right of access for Food, Social and Ceremonial requirements, it is clear we are under constant and growing pressure to have this right taken away. Some steps to protect our right of access could include: - The protection and exclusive use over key sites, eg. specific beaches, fishing stations and aquatic plants, - Effective testing regimes to remove the imposed restriction of access based on 'public health and safety' (all clam beaches closed with no indication of contamination), - Wild stocks cannot be displaced by domestic or farm-fish/aquaculture products. Economic Provisions - Tsimshian First Nations have always utilized the harvest of fish and sea resources as integral components of our economy. Some have referred to this as ‘trade and barter' however we do not view our economic requirements as simple as that term may infer. - An intent of treaty negotiations is to secure a modern-day equivalent to historic economic access and participation. This may include: - Vessel and licensing provisions - Access for terminal or up-stream fisheries - Alternative and selective fishery techniques eg. fish-wheels, fish-traps, drag seineetc.• Dedicated processing facilities - Common marketing board(s) that may include other First Nation or Nation groups - Identification and protection of specific First Nation harvesting sites - Access to any surplus to spawning requirement stocks - Early identification and set participation in alternative or emerging fisheries eg. sea urchin, geoduc, etc.

Revenue and royalty sharing with the Crown for licensing and returns within Tsimshian traditional territories
Management Provisions - The current management structure does not allow for effective First Nation input tothe planning and management process. - The current management results and direction are not consistent and do not providefor sustainability of stocks eg. abalone, coho salmon, east coast cod etc. - While we can identify weakness to the existing system, the need for overall coordination and certain levels of management decisions should remain within the jurisdiction of Canada. The transfer of jurisdiction to the provincial crown should notbe supported.- Provision for First Nation’s involvement in the fisheries resource managementprocess must be provided for. This could be: - A government-to-government relationship. - Annual and multi-year planning agreements. - Participation in monitoring and in-season adjustment processes. - Participation in harvest and escapement review and assessments. - Defined enforcement authority and capacity. - Fishing Plans and Operational Guidelines as management tools. Other Issues - Finalize treaty agreements (where they are desired) before implementing new policy and legislative provisions for a post treaty environment. - International management and allocation processes (eg. Pacific Salmon Commission) will impact treaty agreements. This will continue a level of uncertainty and limits to effective planning and management at a local level. Provision for Tsimshian involvement in international authorities would address at least one level of uncertainty. - Environmental, industrial and other impacts to riparian zones and waters must beconsidered and provided for in a comprehensive fisheries management regime. At a minimum, a concurrent jurisdiction involving First Nations is required. -

Capacity and capacity building for effective First Nation fisheries management must be addressed. As Canada and British Columbia abandon responsibilities, First Nations can occupy the void. - The values of First Nations culture and historic knowledge cannot continue to be overlooked.

As stated at the onset, our effort surrounding fisheries management has been to include fishery and marine resources in a very comprehensive treaty agreement. We have recognized we cannot relate to only one element in isolation. All components must be addressed – impacts to the land or the very air we breath also impact the fishery resources. - We also point out a level of frustration with the treaty negotiation process – it has proven slow, cumbersome and bureaucratically driven. We may never reach treaty to the satisfaction of our needs eg. one of our constituent First Nations has opted to advance a legal position based on their Aboriginal Rights and Title to fishery and marine resources. Canada has isolated them from further treaty negotiations which is a detriment overall.

First Nations have had policy, regulation and legislation imposed upon us for far too long. We have strong concern that the Pearce-McRae or federal-provincial TaskForce will only lead to another imposition without First Nation’s involvement.

Summary
We have outlined issues we believe are essential to successful fisheries managementr equirements within our territories: The recognition and acceptance of Aboriginal Rights and Title. Absolute protection of provision for access requirements for food, social and ceremonial purposes as a standard of our Rights and Title. Greater certainty and provision for conservation and sustainability. Greater and clearly defined provisions and opportunity for economic benefit. A high level and real role in fish and marine management will bind all of the above.

Thank you for the opportunity today, good luck in capturing and re-presenting a fair and workable solution to First Nations needs. We look forward to your final report. I am open to questions or discussion and thank you once again.

Tsimshian Tribal Council
Robert H. Hill, President