Page 1 of 3 123 LastLast
Results 1 to 10 of 28

Thread: Commercial FN Fishery Granted

  1. #1
    Join Date
    Sep 2009
    Location
    Port Alberni
    Posts
    14,203

    Thumbs down 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.

    Sadly,
    Nog
    http://www.youtube.com/watch?v=zVNNhzkJ-UU&feature=related

    Egotistical, Self Centered, Son of a Bitch Killer that Doesn't Play Well With Others.

    Guess he got to Know me

  2. Site Sponsor

  3. #2
    Join Date
    Mar 2014
    Location
    Cherryville
    Posts
    3,711

    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...
    The only advantage to a light rifle is it's weight, all other advantages go to the heavier rifle..

  4. #3
    Join Date
    Sep 2009
    Location
    Port Alberni
    Posts
    14,203

    Thumbs down 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


    http://www.youtube.com/watch?v=zVNNhzkJ-UU&feature=related

    Egotistical, Self Centered, Son of a Bitch Killer that Doesn't Play Well With Others.

    Guess he got to Know me

  5. #4
    Join Date
    Jun 2010
    Posts
    3,898

    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.


    I'm all in favor of keeping dangerous weapons out of the hands of fools. Let's start with keyboards and forums. - F L Wright


    Try and be kind to everyone but fear no one. - Ourea


  6. #5
    Join Date
    Sep 2009
    Location
    Region 2
    Posts
    1,339

    Re: Commercial FN Fishery Granted

    Quote Originally Posted by IronNoggin View Post
    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


    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.
    I don't shoot innocent animals... Just the ones that look guilty!

  7. #6
    Join Date
    Sep 2009
    Location
    Port Alberni
    Posts
    14,203

    Thumbs down Re: Commercial FN Fishery Granted

    Quote Originally Posted by Ourea View Post
    ... 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.

    Quote Originally Posted by Mulehahn View Post
    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...

    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...

    Pissed,
    Nog
    http://www.youtube.com/watch?v=zVNNhzkJ-UU&feature=related

    Egotistical, Self Centered, Son of a Bitch Killer that Doesn't Play Well With Others.

    Guess he got to Know me

  8. #7
    Join Date
    Jan 2006
    Location
    East Kootenays
    Posts
    9,143

    Re: Commercial FN Fishery Granted

    Not beginning of the end... another piece of the puzzle leading to the end
    "It's not the kill, but the thrill of the chase" - Deep Purple

    "Lord knows I'm a Voodoo chile" - SRV (RIP 8-27-90)

    "Know your Land, Know your Prey" - Mantracker

    http://www.youtube.com/user/welderse...e=results_main

  9. #8
    Join Date
    Apr 2014
    Location
    Squamish
    Posts
    481

    Re: Commercial FN Fishery Granted

    At what point have Canadians been pushed far enough past the point of meaningless online petitions?

  10. #9
    Join Date
    Sep 2009
    Location
    Region 2
    Posts
    1,339

    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.
    I don't shoot innocent animals... Just the ones that look guilty!

  11. #10
    Join Date
    Oct 2010
    Posts
    4,594

    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.
    If you can pack it in, You can pack it out !!!

    UNITED WE STAND, DIVIDED WE FALL !!!


    BCWF
    WSSBC
    CCFR
    " The secret of change is to focus all your energy, not on fighting the old, but building on the new"
    Socrates.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •