Long before modern treaties began to be negotiated in the early 1990s, First Nation leaders were well used to government agencies getting their own way.

Treaty negotiations have only highlighted the thorny issue of jurisdiction, whether it is in lands, resources or other areas. As more than one leader has said: “They might be willing to give up a bit of land and a bit of money, but they sure won’t give up power.”

Nowhere is this more evident than dealing with the Department of Fisheries and Oceans… on any level. Whether it is access to geoduck clams on the doorstep of Kulleet Bay or resources in Okeover Inlet, the nations of Naut’sa mawt Tribal Council are finding that fishery policies and practices are very hard to change.

And actually having a seat at the table may only be a pipedream.

NO ROOM FOR ANYONE BUT DFO

The federal government is not willing to be very flexible when it comes to fisheries issues.

Sliammon Nation found that out as it completed negotiations for a final treaty agreement; the big hold up for Canada invariably had to do with fisheries. That state of affairs is certainly is nothing new.

Tsawwassen Chief Kim Baird testified at the Cohen Commission of Inquiry into the decline of Sockeye salmon in the Fraser River just before the Christmas holidays. She was questioned about her Nation’s written comments to the commission that: “TFN has tried hard to obtain joint management powers, but DFO has always wanted to retain ultimate decision-making authority.

Those words were a response to a question about the cultural significance of the Fraser River sockeye and the act of fishing for it. “Salmon is one of the only resources left in TFN's traditional territory, which means it is all the more important,” TFN said in its statement.

When Chief Baird appeared before the commission, she was asked to explain the joint-management statement. She said:

“Well, over the decade-plus of treaty negotiations, trying to increase Tsawwassen's jurisdiction in relation to fisheries management, we weren't successful in that we do not have a veto over any important issues or ultimate decision-making authority that extends beyond our internal organization.”

UNWILLING OVER JURISDICTION

And then, she explained what the DFO’s unwillingness to give up jurisdiction meant for her Nation’s total sockeye allocation in a final agreement.

“Basically we went from an AFS regime into a percentage of CTAC. (That) is the model under the treaty,” Baird said.

AFS is DFO’s Aboriginal Fisheries Strategy while CTAC stands for Commercial Total Allowable Catch.

“So, one percent of the total allowable catch for Fraser River sockeye,” she told the commission. “And we had fisheries biologists help us with the section because it's quite technical. I wouldn't be proficient to talk about the different allocation formulae for the chum, pink, et cetera, or pink bycatch, but regardless…

“We've changed from a more or less fixed number of about 20 to 25,000 sockeye, depending on the year, to about 40,000 under the treaty. Of course, that is dependent on the health of the run size. So instead of an allocation no matter what the run size is, we take a percentage of the CTAC.”

www.cohencommission.ca

CO-MANAGEMENT CALL CONTINUED BY CSG

The Coast Salish Gathering has made a strong demand for co-management of the Salish Sea ecosystem. It is a highlight in the recently published 2010 Treatise by the group representing leaders from nations and tribes in BC and Washington.

The Treatise document is the record of last summer’s Gathering at Swinomish in Washington State.

“Co-management is a form of governance that we already use,” said the document. “So, we, the Coast Salish People, are a people that govern by consensus and respect for each of the First Nations and Tribes that form the mutual partners of our shared territory.

“We have combined as one voice and one heart to work together as co-managers of this precious eco-system. It is a home that guides our way of life and provides each of us with the sustenance of our lives.”

It also listed key requirements for First Nations and Tribes to begin co-managing:

• Commitment of the Coast Salish People to the Salish Sea

• Capacity-building for Coast Salish to address inter-government relations, co-management practices

• Coast Salish Gathering capacity-building to provide expert support in policy, legal, science and culture.

CO-MANAGEMENT WORKS, STUDY FINDS

Co-management of fisheries is the only way to go.

That was the finding of a study published in early January by the University of Washington.

The study looked at more than 130 fisheries in 44 countries to see how co-management practices affect fisheries. Data showed that a framework based on shared responsibility was the "only realistic solution" to the many problems faced by fisheries around the world.

Leaders expressed mild optimism about new policies about geoducks clam harvests after a meeting with the Department of Fisheries and Oceans in Nanaimo late in January.

The meeting between Naut’sa mawt Tribal Council nations and DFO officials was organized by Chief Richard Harry of Homalco who is also the head of the Aboriginal Aquaculture Association. The AAA is expected to take the lead in on-going discussions over this and other shellfish issues.

“Our first thought was ‘Here we go again, the DFO is just telling us what they are going to do,’ but I do think we had a little bit of movement from them,” said one person who attended the meeting but did not want to be identified.

While the discussion focused on geoducks, there was wide-ranging talk about DFO policy toward First Nations in general. The DFO did admit that there was a lack of respect on its part with regard to court decisions over the past decades about consultation and accommodation.

There was an indication that there will be more progress of fisheries issues since the December handover of jurisdiction on aquaculture from BC to the federal government.

DFO officials said the geoducks section of its five-year integrated fisheries management plan would be fast-tracked and policy discussions would go back to Ottawa immediately that would include First Nations requirements.

DFO headquarters in Ottawa has also has hired a person to begin to respond to the consultation and accommodation requirements of court decisions.

Read feature article on the AAA here.

The evidentiary phase has begun for the Cohen Commission.

October saw the start of witnesses giving formal evidence to Judge Bruce Cohen about the disappearance of the 2009 Fraser River sockeye run. This phase of the inquiry is expected to take several months. Five days for witnesses were scheduled in October, 17 in November and another 10 in December.

Chief Richard Harry of Homalco Nation is expected to appear before Judge Cohen in January in his role as executive director of the Aboriginal Aquaculture Association. The AAA has joint standing with the Laich-kwil-tach Treaty Society, James Walkus and Chief Harold Sewid.

The Cohen hearings are open to the public. They are held in the Federal Courthouse, 701 West Georgia St. in Vancouver. Hearings are held from 10 a.m.-12:30 p.m. and 2-4 p.m.

Go to: www.cohencommission.ca for more info and calendar.

Witnesses on Aboriginal rights issues

During the hearings scheduled during the first week of evidence in late October, the commission heard witnesses speaking about perspectives on the Aboriginal and treaty rights framework with respect to the Fraser River sockeye fishery.

Other witnesses early in the hearings were called from the BC Salmon Commission. The first four days in November were set aside for the commission to hear about the Department of Fisheries and Oceans’ organizational structure.

2010 bounty is a one-off occurrence, says scientist

Hundreds of submissions have already been submitted to the commission’s website by the public, ranging from a paragraph or two from a fisherman to detailed scientific paper.

One of the latter came from Timothy Parsons of Brentwood Bay. He is a professor emeritus at the University of B.C. and honorary research scientist at the Institute of Ocean Sciences.

Parsons reported on the findings of a dramatic growth in food for salmon following a 2008 volcano eruption in Alaska at about the same time Fraser sockeye were feeding in the Gulf of Alaska. The theory is that fallout from the volcano fertilized the sea. That led to the growth of more phytoplankton and other organisms that salmon eat. The abundance of food led to the extremely high survival rates for sockeye returning to the Fraser in 2010.

Public comments set tone for hearings

The Cohen Commission’s series of public forums were held throughout BC and finished in Kamloops on Oct. 21.

Naut’sa mawt Tribal Council nations were among the participants when the hearings came to Campbell River (see the September Klahowya), Nanaimo and cities on the Lower Mainland.

Jeff Thomas gave the welcome to the traditional territory of the Snuneymuxw and explained that he grew up in the Nanaimo fishing industry, but was forced to find new employment 12 years ago due to declining salmon returns.

He recalled the size of the commercial fishing fleet in the 1950s, noting that Snuneymuxw alone had 300 fishing boats. He emphasized that fishing remains a way of life for his people, and that they wish to continue that way of life into the future.

Darrell Campbell, who is fisheries manager for Ahousaht First Nation called on the commissioner to carefully consider legal precedent around First Nations rights, particularly R. V. Sparrow. He said that DFO continues to increase allocations for sport fishers, many of whom he argued are neither British Columbian nor Canadian, at the expense of First Nations.

Campbell said that the Ahousaht carefully monitors the fish farms operating on its territory. He emphasized that fish farming provides an economic benefit for the Ahousaht community, but that the protocol permitting its operation would be rescinded if the Ahousaht find that it is harmful to the environment.

In the forum in New Westminster on Sept. 20, Victor Guerin of Musqueam spoke of the stewardship his ancestors exercised and said that it is a misguided strategy to attempt to manage salmon stocks in the ocean while doing next to nothing to protect the streams and creeks in which salmon spawn.

He said that the Fraser River estuary is now almost devoid of salt marsh areas, which are critical for salmonid populations as they acclimatize themselves to the marine environment. He pointed out that the developers of the South Fraser Perimeter Road spoke in favour of a ‘no net loss’ policy on habitat. He said such a policy could allow for the destruction of natural salmon streams if man-made habitat was created somewhere else.

Earlier this summer, Brenda Gaertner, speaking on behalf of the First Nations Fisheries Council told the commission:

“DFO has enforced that worldview upon those who hold and exercise the underlying aboriginal and treaty title and rights to those salmon. Therefore, without a doubt it must now also assume primary responsibility for where we are now.

“They, and the interest they have historically represented, took a benefit and a strong benefit as it relates to the Fraser River sockeye, for all the good years. They are now needing to step to the plate and critically assess how they will take responsibilities during these very hard times.”

From the web

Fisheries management is not about managing the fish… it’s about managing us.

“In the Fraser River, there’s this really nasty critter that impacts salmon. Generally, it has two legs and two arms and apparently the most developed brain in the animal kingdom. It has a great propensity for compassion, forethought, and action.”

www.salmonguy.org