Article
DFO decision to restrict domestic fishery access overturned
Submitted by Kelly Poirier
Uu-a-thluk Outreach and Communications Coordinator
Aug. 18, 2006
On August 10th a letter from DFO arrived on the desk of Francis Frank, President of the Nuu-chah-nulth Tribal Council and Arliss Daniels , Chief Councilor and Pacheedaht First Nations that took everyone by surprise. The letter stated DFO would not permit Nuu-chah-nulth and Pacheedaht First Nations to fish Fraser River sockeye for their domestic needs in areas 12 and 13 of Johnstone Straight. DFO said it was restricting Nuu-chah-nulth to area 20 (Juan-de fuca Strait), because their “information indicates that Johnstone Strait is not considered to be a historical fishing area for the NTC.” This, even though fishing plans and protocols with other First Nations had been carefully put into place for weeks.
DFO has been fully aware of Nuu-chah-nulth Fishing plans for months, yet waited literally until the last minute to blindside Nuu-chah-nulth First Nations with this decision. The letter came after the main harvest period had been planned for, making changes difficult, costly and in most cases would make it impossible for Nuu-chah-nulth to meet their domestic needs for this season. “This change was done at the very last minute,” states Helen Dunn, Pacheedaht First Nations Fisheries Biologist. “It’s the 3rd consecutive year we have been fishing on the First Nations Marine Society License in Johnstone Strait. At this point, Pacheedaht would have a great deal of difficulty changing our plans.”
This decision to limit all Nuu-chah-nulth access to fishing areas for domestic needs, is an infringement upon Aboriginal rights and creates undue hardship and financial strain on affected First Nations like Ehattesaht who have protocol agreements to get their fish in Campbell River. “This impacts on us in that it costs us a lot in terms of transporting the fish” states Ernie Smith, Ehattesaht First Nation Chief Councilor, “If we fish in Campbell River, it is only 3 hours away. So this is a major impact and the costs of transportation just kills us. Last year we didn’t get any sockeye at all. We really have a lack of capacity to get our own, because we have no boats and have to hire people to do the fishing for us. This really affects us, by not being able to get our food fish”
The change was apparently based on a DFO National Adjacency Policy that purports to limit First Nations domestic fishing to areas where DFO says their traditional fishing areas are. Nuu-chah-nulth leadership and Uu-a-thluk Fisheries staff protested the decision vigorously, responding very quickly to DFO staff with letters and phone calls, outlining Nuu-chah-nulth’s position on this issue. The quick action by Nuu-chah-nulth leadership and staff paid off quickly. In an unusual turn of events, DFO overturned their decision, but for this year only. “..it was not well thought out and it clearly infringed on our rights.” States NTC President Francis Frank. DFO’s actions impacted some Nuu-chah-nulth nations domestic fishing opportunities, but it could have been worse for Nuu-chah-nulth First Nations if DFO did not back down. “Clearly there could have been compensatory claims by the affected First Nation that would have cost DFO way more than to reverse their original decision.”
At this point for the season it is business as usual as Uu-a-thluk staff lobbied to get the decision reversed and prevent costly litigation. But DFO is saying they are putting all First Nations on notice that this decision will proceed for next season.
DFO has yet provide Nuu-chah-nulth First Nations with a copy of the phantom policy, despite several request to do so. DFO is obligated under Supreme Court rulings to properly consult Nuu-chah-nulth and Pacheedaht on any policy implementation or decision making that would impact or restrict domestic fishing opportunities.
This purported Adjacency Policy needs to be challenged. There has been no consultation with Nuu-chah-nulth regarding this policy. “We need to clarify and have a lot of discussion with DFO about the ability to access stocks” states Helen Dunn. Meetings have been requested by NTC President Francis Frank with DFO’s Regional Director General, Paul Sprout. Nuu-chah-nulth and DFO need to come to a solution prior to next years fishing season that respects Nuu-chah-nulth’s priority access and connections and protocols with other First Nations “We need to hold DFO’s feet to the fire in upholding legal rulings that our access is second only to conservation,” stated Frank.
If a decision like this moved forward as DFO intends, there will certainly be implications for the recreational and commercial fishery to adjust and a scaling back of their allocations in order to ensure that First Nation domestic needs can be caught within the areas that DFO designates as their traditional territories.
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