Commercial FN Fishery Granted
And a Paradigm Shift in the Allocation Policy Goes Hand in Hand:
A group of West Coast First Nations has won the right to harvest and sell fish commercially after a 12-year court battle.
In the 400-page judgment, Humphries sets out the parameters for the Indigenous fisheries involving species including a variety of salmon, groundfish, crab, prawn and shellfish.
https://www.castanet.net/edition/news-story...6-3-.htm#224196
Here follows the Minister's full statement. The most significant decision is NOT the court case, rather it is the Minister's reference to changing the allocation policy as soon as possible. Placing FN Commercial rights above all others except FN FSC rights is a paradigm shift, and there aren't any more fish to go around... meaning many will soon be off the water to pay the cost of "reconciliation"...
https://www.canada.ca/en/fisheries-oceans/n...nd-and-nat.html
Paragraph 1267 of the Judgment for reference:
Result
[1267] I have set out several areas of unjustified infringements arising from the licencing regime above, in the section Aspects of Infringement and Justification Applying To All Species, as set out above. The following conclusions are specifically applicable to the salmon fishery:
The Salmon Allocation Policy insofar as it accords priority to the recreational fishery over plaintiffs’ right-based fishery for chinook is not justified;
Canada’s allocations for AABM and ISBM chinook, insofar as they have been set based on giving priority to the recreational fishery pursuant to the Salmon Allocation Policy, are not justified;
The use of PICFI to provide salmon licences to the plaintiffs is justified, but the mitigation policy itself, in the event of an inability to allocate sufficient chinook to the plaintiffs through PICFI alone, is not justified;
http://www.courts.gov.bc.ca/jdb-txt/...18BCSC0633.htm
Salmon, and other saltwater species fishing as we knew it, have just met their painful demise. :frown:
Sadly,
Nog
Re: Commercial FN Fishery Granted
Yup, beginning of the end :(
Time to move the boat back to the interior for trout, Kokanee and burbot to fill the freezer...
Re: Commercial FN Fishery Granted
Salmon Allocation Policy
(917) Canada’s position from the beginning of the Negotiations has been that the plaintiffs have been given a commercial right of unknown scope; that is, the right takes its character from the word “commercial”. However, I agree with the plaintiffs that the right is an aboriginal fishing right. Its essential character is as an aboriginal right. Because it is also a commercial right, Gladstone states clearly that it is not an exclusive right, and does not extinguish the right of public access to the fishery. Nevertheless, as an aboriginal right, it has priority over the other sectors, after FSC and treaty rights (limitations the plaintiffs acknowledge), as long as the other factors in Sparrow are properly balanced.
(925) However, the fact that the declared aboriginal right is to fish and sell fish into the commercial marketplace does not lessen the priority to be accorded to the aboriginal right -- it does not allow Canada to start out on the allocation process by treating the plaintiffs’ fishery as simply another commercial fishery. To accord priority to the recreational fishery over the plaintiffs’ aboriginal commercial fishery is not justified.
http://www.courts.gov.bc.ca/jdb-txt/...18BCSC0633.htm
:evil:
Re: Commercial FN Fishery Granted
I sure hope this ruling comes with a big check and a teary eyed apology from the Prime Minister of this country. (Insert sarcasm here)
That should help with the ongoing reconciliation/exploitation process.
I have ZERO issue with FN rights to traditional resources but the growing concern is it's becoming disproportionate with no accountability on harvest or enforcement. If the boys stick to tight and quantified quotas it will be somewhat encouraging. If it goes the other direction......we are in for some interesting times and a guaranteed change in Gov.
Re: Commercial FN Fishery Granted
Quote:
Originally Posted by
IronNoggin
Salmon Allocation Policy
...
it does not allow Canada to start out on the allocation process by treating the plaintiffs’ fishery as simply another commercial fishery. To accord priority to the recreational fishery over the plaintiffs’ aboriginal commercial fishery is not justified.
[/B]
http://www.courts.gov.bc.ca/jdb-txt/...18BCSC0633.htm
:evil:
That is the line I don't understand. It is a commercial fishery! These fish will be sold to the exact same processors as any other non First Nation commercial catch. Therefore they should come from the internationally negotiated commercial quota catch limit. To have 2 seperate commercial operations with only quotas being taken from sport fishers will doom all species to extinction.
Re: Commercial FN Fishery Granted
Quote:
Originally Posted by
Ourea
... I have ZERO issue with FN rights to traditional resources but the growing concern is it's becoming disproportionate with no accountability on harvest or enforcement. If the boys stick to tight and quantified quotas it will be somewhat encouraging. If it goes the other direction......we are in for some interesting times and a guaranteed change in Gov.
They have already well proven they have NO interest in sticking to government issued quotas or areas of operations to date (yes, this same group). There is absolutely NO reason to believe they will now, even when handed "priority" over every one else. Another government will not be setting this right out of fear. Really. :cry:
Quote:
Originally Posted by
Mulehahn
That is the line I don't understand. It is a commercial fishery! These fish will be sold to the exact same processors as any other non First Nation commercial catch. Therefore they should come from the internationally negotiated commercial quota catch limit. To have 2 seperate commercial operations with only quotas being taken from sport fishers will doom all species to extinction.
DFO has slashed Area G's quota to about a week's effort (for the entire season) and merrily gifted that to the FN's. They will drive the "competition" in that regard off the water for their favored buddies. Personally, that means I am now destitute at 60. Unhappy is an understatement... :shock:
For years the sporties thought themselves immune in this process, and actually giggled at times when we (the real commercial trollers) took hit after hit to accommodate more forced FN involvement. Well, they sure as hell ain't giggling now. And you can bet your sorry ass just where these "new" quotas are going to be wrestled from. No lube for the recreational fleet either, simply understand you just lost (Big Time) in the priority game, meaning if they feel any empathy for you, you might realize one or two measly fish to feed your families with. Oh, right, forgot who we're dealing with here. How does Alberta Beef sound instead... :roll:
Pissed,
Nog
Re: Commercial FN Fishery Granted
Not beginning of the end... another piece of the puzzle leading to the end
Re: Commercial FN Fishery Granted
At what point have Canadians been pushed far enough past the point of meaningless online petitions?
Re: Commercial FN Fishery Granted
Had a more lengthy reply but decided against it....
You are right Nog, and I am truly sorry for what this means for you. Just last week I helped a friend get rid of the last of his river nets. He was a 4th generation commercial and finally had to admit that he would never use them again.
Re: Commercial FN Fishery Granted
What affect will this have on all the lodges? I’ve been saying this for years on the Fraser when it was being decimated; we need a protest fishery, but of course nobody would take the time to show up. Here we are again losing out on the sport we love. Such bullshit.