march 2014 - First Nations Fisheries Council

 MARCH 2014 ISSUE FIRST NATIONS FISHERIES COUNCIL MEMBERS: North Coast: Arnold Clifton Central Coast: Megan Moody South Vancouver Island: Dan Claxton Lower Mainland: Richard Sparrow Upper Fraser: Thomas Alexis Northern Transboundary: Keith Carlick Haida Gwaii: Robert Davis North Vancouver Island: John Henderson West Coast Vancouver Island: Hugh Braker Fraser Valley: Ken Malloway Mid-­‐Fraser 1: Tina Donald Mid-­‐Fraser 2: Tracy Wimbush Upper Skeena: Stu Barnes Transboundary Columbia: Howie Wright For more information please contact us: First Nations Fisheries Council 202-­‐100 Park Royal South Vancouver, BC V7T 1A2 Phone: 778-­‐279-­‐2900 Fax: 778-­‐279-­‐7729 Email: info@fnfisheriescouncil.ca Website: www.fnfisheriescouncil.ca MESSAGE FROM THE FNFC EXECUTIVE DIRECTOR Greetings to all. Here is an update on the current focus and direction of the FNFC, and some of the work we’ve done on behalf of BC First Nations over the last couple of months. We hope that you find these bi-­‐
monthly communiqués helpful for keeping up to date with fisheries issues affecting First Nations in BC. Governance Update: Consistent with the First Nations Fisheries Action Plan (2007), the FNFC Strategic Plan (2011), and the Institute on Governance report (2012), the strategic direction of the FNFC is to continue to develop the vision of the 2010 All Chiefs Task Force recommendations for a cohesive voice to advance First Nations interests. Here at the FNFC, we call it the Structural Alignment Initiative. The FNFC Executive Council has just begun a new three year term, and FNFC by-­‐laws were recently updated with improved procedures for voting in the society Directors, and then the society President, who will act as the Chair. In follow up to the January communiqué, the regionally appointed delegates of the FNFC Executive are as follows: •
Ken Malloway, Fraser Valley (elected as Society Director; elected as President) •
Richard Sparrow, Lower Mainland (elected as Society Director) •
Stu Barnes, Upper Skeena (elected as Society Director) •
Thomas Alexis, Upper Fraser (elected as Society Director) •
Hugh Braker, West Coast Vancouver Island (elected as Society Director) •
Howie Wright, Columbia Transboundary (elected as Society Director) •
Tracy Wimbush, Mid Fraser 2 (elected as Society Director) •
Tina Donald, Mid Fraser 1 •
Robert Davis, Haida Gwaii •
Keith Carlick, Northern Transboundary •
Dan Claxton, South Vancouver Island •
John Henderson, North Vancouver Island •
Arnold Clifton, North Coast •
Megan Moody, Central Coast (in progress) _____________________________________________________________________________________________
SUPPORTING STEWARDSHIP OF FISHERIES RESOURCES FOR CURRENT AND FUTURE GENERATIONS
First Nations Fisheries Council Communiqué MARCH 2014 ISSUE MOU with the Minister of Fisheries and Oceans: In the fall of 2013, the First Nations Leadership Council (FNLC) signed a Memorandum of Understanding (MOU) with DFO to meet with the Minister twice per year. At the most recent meeting between the FNLC and the Minister, which was convened on February 17, 2014, the FNFC supported the leadership in discussions regarding implementation of the MOU, concerns regarding the expansion of aquaculture, and opposition to the expansion of herring fisheries on WCVI, the Central Coast, and Haida Gwaii, and requested that the Minister meet with the Nations. Economic Development: The FNFC continues to support the development of enhanced economic performance among First Nations by coordinating a collaboration initiative among the 24 First Nations Community Fishing Enterprises (CFEs). The work of the FNFC, in conjunction with the CFEs, in corresponding with the Minister seeking the continuation of this funding was very successful; the Pacific Integrated Commercial Fisheries Initiative (PICFI) has been extended for 2 years by Treasury Board ($66.1 million combined total for Pacific and Atlantic programs over 2 years). The PICFI funding envelope provides direct funding to the CFEs, as well as support funding to numerous organizations for co-­‐
management activities. If you would like more information about our organization, or to join our email list to stay informed on First Nations fisheries issues in BC, please get in touch with us by emailing info@fnfisheriescouncil.ca. KEEP UP WITH THE FNFC THROUGH SOCIAL MEDIA FOLLOW us on Twitter – @FNFish LIKE us on Facebook – BC First Nations Fisheries Council O’Siem, Jordan Point, FNFC Executive Director FISHERIES PROTECTION PROGRAM INFORMATION SESSIONS In late 2012, the Fisheries Act was amended as part of the omnibus Bill C-­‐38 (Jobs, Growth and Long-­‐term Prosperity Act), and the changes came into force in November 2013. Formerly, the Fisheries Act had two prohibitions (sections 32 and 35) against the killing of fish and harm to fish habitat, but under the amended legislation, those have been somewhat merged into a single prohibition (section 35) of the Fisheries Act, which states that “no person shall carry on any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery.” The Act defines serious harm as “the death of fish or any permanent alteration to, or destruction of, fish habitat.” At the 2013 FNFC Fall Assembly, DFO gave a short introductory presentation on the Fisheries Protection Program, but more in-­‐depth review and understanding of the amended legislation was required. The FNFC hosted five one-­‐day information sessions in Nanaimo, Williams Lake, Merritt, Vancouver and Terrace during February and March 2014 to provide an opportunity for First Nations to learn more from DFO staff about DFO’s National Fisheries Protection Program and how it will be implemented in the Pacific region. In addition to major concerns regarding the lack of consultation in relation to Fisheries Act amendments and the development of the Fisheries Protection Policy, First Nations attending each of the information sessions raised a number of questions about the definitions, scope and implementation of the policy to gain a more thorough understanding of how it may apply in traditional areas across the province. Participants also identified concerns with DFO’s ability to adequately protect or manage habitat, given the lack of resources and personnel. _____________________________________________________________________________________________
SUPPORTING STEWARDSHIP OF FISHERIES RESOURCES FOR CURRENT AND FUTURE GENERATIONS
First Nations Fisheries Council Communiqué MARCH 2014 ISSUE Some key comments and observations: •
Policy does not address cumulative impacts of activities on aquatic habitats. •
Nothing in the policy speaks to conservation or protection. •
DFO does not appear to have a habitat framework or plan that it is managing; Strategy 2 of the Wild Salmon Policy (2004) was intended to produce an Assessment of Habitat Status – this has not yet been completed. •
With the proponent self-­‐assessment process, concerned that more projects will go forward. •
Concerns with DFO staff and budget cuts – concerned that more projects will go through, less monitoring and enforcement, less consultation with First Nations. •
First Nations priority access is not reflected in the policy language (lists, “commercial, recreational and aboriginal” – aboriginal fisheries should be listed first to reflect the priority). •
Concerns about the MOU with the National Energy Board. •
Not clear how DFO is working with other agencies who have legislative or regulatory authorities for activities that may affect fish, water and habitat (Ministry of Environment, Forestry, Canadian Environmental Assessment Agency, National Energy Board, Environment Canada, Species at Risk Act, Metal Mining Effluent Regulations, etc.). •
Concerns with defining/limiting “aboriginal fisheries”. •
Concerns with proponent self-­‐assessment process for determining whether they believe an authorization is required. •
First Nations have objectives/plans for conservation, rebuilding stocks, historical stocks. •
Need a federal government agency to take more leadership on integrating management, legislation and regulations across departments/agencies. A more comprehensive summary of the Fisheries Protection Program information sessions will be available by the end of April. AQUACULTURE The First Nations Fisheries Council (FNFC) has been working with DFO since 2009 to develop a strategy to engage First Nations in the development of the Integrated Management of Aquaculture Plans (IMAPs). DFO continues to engage First Nations, along with other stakeholders, on the development and implementation of the Aquaculture Management Advisory Committees (AMACs), the Tier 3 committees leading the development of marine finfish, marine shellfish, and freshwater IMAPs. While the AMAC/IMAP process has the potential to provide opportunities for First Nations to influence the development of policies and priorities, it also has limitations that will affect First Nations participation and influence in decision-­‐making. Role of the FNFC – The Aquaculture Coordinating Committee: The FNFC has heard from BC First Nations that, given the limitations of the AMAC process in its current form, as well as major funding limitations, the FNFC should focus primarily on fostering functioning Tier 1 and Tier 2 processes that represent the interests of First Nations province-­‐wide. The FNFC’s key focus this year has been to develop and implement a Tier 1 process related to aquaculture, which has been developed through what was formerly known as the “First Nations Aquaculture Dialogue Process”. As the structure and function of this group has become more clear and defined over the last several months, the process is now referred to as the “Aquaculture Coordinating Committee” (ACC). First Nations Aquaculture Declaration The ACC has directed the FNFC to develop an Aquaculture Declaration document that sets out guiding principles for an aquaculture advisory process among BC First Nations. The principles were developed by First Nations participants in 2010 during a series of nine regional meetings co-­‐hosted by the FNFC and DFO to discuss the development of the Pacific Aquaculture Regulations. The principles were captured in the final report from these engagement sessions titled First Nations views on a Proposed Aquaculture Regulation for BC (2010). The principles are as follows: •
Recognition of Title and Rights •
Meaningful engagement, consultation and accommodation •
Area-­‐based management (continued) _____________________________________________________________________________________________
SUPPORTING STEWARDSHIP OF FISHERIES RESOURCES FOR CURRENT AND FUTURE GENERATIONS
First Nations Fisheries Council Communiqué MARCH 2014 ISSUE •
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Capacity development Monitoring and enforcement Transparency and information sharing Inclusive science Corporate responsibility Balance of economic opportunity and environment impact Stock recovery and habitat restoration While there are many differing interests and concerns among BC First Nations regarding aquaculture, these principles reflect values that are common to First Nations communities and organizations across the province. Based on discussions this year, First Nations have again confirmed their support for these broad principles to guide collaboration and cooperation toward common goals – this includes contributing respective technical strengths to achieve progress on priority issues identified by First Nations at local and regional levels. For more info about the Aquaculture Coordinating Committee, please contact Michelle Tung at michelle@fnfisheriescouncil.ca. SALMON COORDINATING COMMITTEE
The Salmon Coordinating Committee (Salmon CC) continues to be active in its third year of operations. The main focus of the Salmon CC is supporting the advice and recommendations of First Nations priorities and concerns into the salmon IFMPs through the Consolidated Comment Document. This document is formed through First Nations voluntarily sharing existing annual salmon IFMP comments for inclusion, and the outcome is the identification of general themes and 3-­‐4 recommendations based on the analysis of all comment submissions. Additional key activities of the Salmon CC include: •
Ongoing drafting of Tier 2 terms of reference. •
An information gathering exercise on what FSC performance measures could potentially look like. •
Identifying efficiencies and relationship building in Tier 1 and 2. •
Improving effective communications and technical coordination with the Fraser Forum. •
Preparing the third Consolidated Comment Document on the salmon IFMPs. For more information about the Salmon Coordinating Committee or the Consolidated Comment Document, please contact Project Manager and Salmon CC Coordinator Dana Bellis at dana@fnfisheriescouncil.ca. COMMERCIAL SALMON ALLOCATION FRAMEWORK Background In October 2013, Fisheries and Oceans Canada (DFO) engaged the Salmon Coordinating Committee (SCC) in a discussion about updating the Commercial Salmon Allocation Framework (CSAF) in preparation to revise and update the Allocation Policy for Pacific Salmon (1999). The revisions are intended to make the allocation of commercial access to salmon more responsive to current situations, challenges, international and First Nations treaties, and constitutional and legal obligations. Please note that the scope of this work is limited to the allocation of the commercial shares of salmon in BC. It does not address recreational harvest or harvest to fund research or stock assessment, nor does it address Title and Rights. The First Nations proposal The CSAF proposal developed by the SCC First Nations delegates includes a 74 row matrix that breaks down the framework into the main components. Major changes include: •
Allocation categories (Adding a First Nations category to the current allocation categories) •
Consideration of fishing location (Some fisheries have different values and fishing constraints than other fisheries) (continued) _____________________________________________________________________________________________
SUPPORTING STEWARDSHIP OF FISHERIES RESOURCES FOR CURRENT AND FUTURE GENERATIONS
First Nations Fisheries Council Communiqué MARCH 2014 ISSUE •
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Duration: Instead of annual agreements, proposing 5-­‐year agreements with flexibility for adjustment through a post-­‐season review process. Valuation: Instead of using “sockeye equivalents” which are based on landed value and can work as a disincentive to add value to product, proposing that harvest shares be defined on a species and catch area basis and encourage innovation in business. Flexible management: Once shares are determined, each sector/group can determine the best approach for fair distribution of harvest opportunities and benefits while reducing impacts on stocks of concern; in-­‐season transfers can also occur if pre-­‐season plans outline possibilities. Transfers: Pre-­‐season plans with rules for transfers will be developed prior to the fishing season; within season, transfers cannot occur but uncaught fish can be harvested by upstream fisheries. Uncaught fish: Groups "upstream" of the fishery that could not catch their share could be provided opportunities to harvest a portion of the share not caught by the "downstream" fishery; no compensation is required. Role in management: First Nations want to have a defined role in management. Currently, annual changes to fleet/fishery shares can impact First Nations shares, and First Nations communal-­‐commercial licenses are not presently represented at the CSAB. Furthermore, a separate management body/process may be developed to manage First Nations shares (intra-­‐sectoral); this central First Nations licensing authority would harmonize with DFO's systems to administer/document share use, short and long term transfers, etc. First Nations also want to have more flexibility in managing their fisheries to meet their community and fishers’ interests and priorities. Dual fishing: First Nations fishers may retain non-­‐target species for FSC purposes. If the species has a conservation concern, only those likely to die may be retained for FSC. Catch monitoring: Sufficient validation requirements would be established for all fisheries with provisions for increased monitoring where necessary to achieve compliance and catch reporting goals. The process would be more transparent than it is now and costs would be shared between harvesters and government (i.e., Federal, Provincial). First Nations monitors will be preferable where available. What happens next? There have been seven Tier 2 meetings and three Tier 1 meeting days on the CSAF to date, plus two small-­‐group meetings of the CSAB representatives. The SCC First Nations proposal was formally tabled to DFO at the end of February, bringing to an end Phase 1 of the process. The focus of the SCC-­‐CSAF has now shifted to guiding the socio-­‐economic analysis, which is scheduled to be completed by the end of March and presented to the SCC-­‐CSAF on April 1st. First Nations are proposing a Phase 3 where First Nations work with the Commercial Salmon Advisory Board (CSAB) to expand discussions and to focus on commonalities between proposals, especially those areas highlighted by the socio-­‐economic analysis. During this phase, DFO will also be expected to continue bilateral consultations with First Nations about the process. When a recommendation is completed by DFO based on the CSAB and First Nations proposals and the socio-­‐economic analysis, DFO will meet with the SCC representatives prior to submission to the Minister to review the recommendations. FNFC CHARTER The Charter is a good faith agreement between the FNFC and partner organizations that have mutual interests to advance the priorities and concerns of First Nations fisheries. The Charter plays a key role in connecting scales and processes to enhance the structure and process for First Nations engagement in fisheries. This agreement outlines a high level structure on how and when partner organizations can call on each other for support and creates a clear mechanism for how First Nations can direct the Fisheries Council priorities. To date nine Charters have been signed, covering over a 128 First Nations communities in BC. In the upcoming spring, it is anticipated that an additional three to four Charters will be signed. Charters that have been signed to date include: Nuu-­‐chah-­‐nulth Ha’wiih, Upper Fraser Fisheries Conservation Alliance, Lower Fraser Fisheries Alliance, Island and Marine Aquatic Working Group, Native Fishing Association, Pacific Salmon Commission First Nations Caucus, Council of the Haida Nation, Okanagan Nation Alliance, and the FRAFS First Nations Caucus. _____________________________________________________________________________________________
SUPPORTING STEWARDSHIP OF FISHERIES RESOURCES FOR CURRENT AND FUTURE GENERATIONS
First Nations Fisheries Council Communiqué MARCH 2014 ISSUE WATER FOR FISH
The First Nations Fisheries Council is working with First Nations to enhance freshwater management thorough BC. Our priorities are to support the development of effective governance mechanisms, form collaborative relationships among First Nations organizations, and work together to build a cohesive voice on fisheries matters. Through multiple dialogues, a series of themes were identified which provide the framework for First Nations engagement in water governance and management processes to benefit salmon: •
Water Governance, Authority and Accountability •
Healthy Aquatic Ecosystems •
Water Management and Planning •
Collaboration and Opportunities •
Capacity Building Activities to date: Since October 2013, the FNFC has met with 60 First Nations, 25 local, 15 provincial and 5 federal government representatives to explore potential pathways of success for the recognition of First Nations Title in Rights in water decision-­‐making. Key activities to date are: •
Completed collaborative review with First Nations of the Proposed Water Sustainability Act legislative proposal. The FNFC submitted a letter to Minister Polak on December 2, 2013. •
Completed the development and production of the Water for Fish information pamphlet. •
Completed review of the Ecosystem Valuation Report developed by the Watershed Watch Salmon Society. •
Assisted with the organization of the Towards Water Sustainability Conference First Nations Water Session. •
Completed the preliminary assessment of the Chilako watershed – to ensure the effective quantification of mountain pine beetle harvesting on watershed by providing a landscape level assessment of the context, risks, and recommendations for potential management activities. Resulting actions: -­‐
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The Regional District of Fraser Fort George Board of Directors approved a community grant-­‐in-­‐aid of $10 000.00 to support water management in the Chilako. The Ministry of Forest Lands and Natural Resources Operations (FLNRO) has committed to install two hydrometric stations in the Chilako. This marks the initiation of FLNRO commitment to long-­‐term monitoring on the Chilako main stem as well as investigation of Chilako sub-­‐
watersheds to inform planning, including restoration activities. Canfor and BC Timber Sales (BCTS) are working together with a hydrologist to develop recommendations in relation to potential future development opportunities for high priority mountain pine beetle damaged stands. Canfor and BCTS are working on refining the Peak Flow Index (PFI) calculation for the Chilako watershed. Once this analysis is complete, they will run scenarios to properly evaluate their outcomes as it relates to PFI. Canfor and BCTS will treat all sub-­‐basins in the Chilako watershed as sensitive, and use BMP’s developed with a hydrologist. Canfor accompanied FLNRO (BCTS was unable to attend) to assist in completing some snowpack plots at selected sites throughout the watershed. The flight was also valuable to observe the recovery of past harvesting at a landscape level. BCTS has completed reconnaissance work on high priority mountain pine beetle stands in the Chilako Watershed. As per the meeting of October 28, 2013, BCTS will provide the results of this work to the Chilako residents to gather further input for consideration for all future development. Canfor and BCTS continue to express a strong committed to working collaboratively on the process. They have prioritized the work required to complete an accurate and useful analysis. Once they have completed this work they feel they will have the tools to help determine future harvesting plans in the Chilako watershed. Current Direction: Planning for the First Nations Water Leadership Network meetings is underway. The goal is to hold 3 face-­‐to-­‐face meetings in the next 6 months. Interested participants are encouraged to email terry@fnfisheriescouncil.ca. We would welcome topic and location suggestions. th
The FNFC is also reviewing the recently released Water Sustainability Act legislation, which was introduced on March 11 as Bill 18 into the BC Legislature for first reading, to determine integration of comments submitted by FNFC to Minister Polak on December 2, 2013. _____________________________________________________________________________________________
SUPPORTING STEWARDSHIP OF FISHERIES RESOURCES FOR CURRENT AND FUTURE GENERATIONS
First Nations Fisheries Council Communiqué MARCH 2014 ISSUE FRASER SALMON MANAGEMENT COUNCIL UPDATE
By Walter Quinlan, Communications Coordinator, Fraser River Aboriginal Fisheries Secretariat
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Consensus on the Fraser Salmon Management Council:
Some of the participants at Tuesday's March 25 FSMC Assembly: th
At an Assembly held on March 25 , First Nations reached consensus in support of the Constitution and By-­‐laws of the Fraser Salmon Management Council (FSMC). “We’ve made a huge step forward,” said Pat Matthew, Chair, FSMC Main Table. Tuesday’s consensus is an important milestone reached after years of hard work in the Fraser Salmon Road Map Process, and months of research by our consultants Michele Guerin and Sheldon Tetreault. “I think it’s a great accomplishment,” said Chief Fred Sampson (Siska). Would you like to keep up-­‐to-­‐date with the FSMC, the Forum and other news about Fraser salmon and First Nations communities in the watershed and marine approach areas? Click “Like” and join us on Facebook at: FRAFS – Fraser River Aboriginal Fisheries Secretariat. Tina Donald (Simpcw), Bobbi Peters (Chawathil); Janice Billy (FSMC Main Table); Grand Chief Clarence Pennier (Stó:lō TC); Pat Matthew (FSMC Chair); Sally Hope (Seabird Island); Ed Hall (Kwikwetlem); Carl Edgar Jr. (representing Nuu-­‐chuh-­‐nulth TC); Robert Leech (T’it’q’et); Sheldon Tetreault (GTA); Willie Sellars (T’exelc); Rick Bailey (Katzie); Pedro Moreno (Yale FN); Neil Todd (FSMC Main Table Coordinator); Thomas Alexis (Tl’azt’en); Dean Joseph (Yekooche); and Jordan Maher (Proxy representative for Halalt, Cowichan Tribes, Penelakut and Stz'uminus). In front: William Rabang (Stó:lō Nation) and Clint Tuttle (Sumas FN). FNFC UPDATE CONFERENCE CALLS (TIER 1)
The First Nations Fisheries Council hosts First Nations fisheries teleconferences on the second Wednesday morning of every month from 10:30am to 12:00pm. We also hold topic-­‐specific calls from time to time as needed. The purpose of these calls is for First Nations to raise issues or concerns for discussion, and for the FNFC to provide updates and seek feedback on our priorities and activities. These calls are Tier 1, and are open to all First Nations and First Nations fisheries program staff. Dial-­‐in information and agendas are distributed prior to each conference call via our email list. The next monthly call will be held on Wednesday, April 9, 2014. For more information about the First Nations Fisheries Council of British Columbia, please contact us! 202-­‐100 Park Royal South • West Vancouver, BC • V7T 1A2 • Tel: 778-­‐279-­‐2900 • Fax: 779-­‐279-­‐7729 Email: info@fnfisheriescouncil.ca • Web: www.fnfisheriescouncil.ca KEEP UP WITH THE FNFC THROUGH SOCIAL MEDIA FOLLOW us on Twitter: @FNFish • LIKE us on Facebook: BC First Nations Fisheries Council _____________________________________________________________________________________________
SUPPORTING STEWARDSHIP OF FISHERIES RESOURCES FOR CURRENT AND FUTURE GENERATIONS