FNFC Update. for BC Island Marine Aquatic Working Group. Fall 2017 Richard Sparrow Natural Resource Manager

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1 Photo: Okanagan Sockeye, by Okanagan Nation Alliance & A.M. Bezener FNFC Update for BC Island Marine Aquatic Working Group Fall 2017 Richard Sparrow Natural Resource Manager

2 FNFC Background BC First Nations Fisheries Action Plan (6 themes, 70 recommendations) mandated the creation of the First Nations Fisheries Council in FNFC Strategic Plan followed by to guide the FNFC s implementation of the Action Plan. FNFC structure 14 geographic regions throughout the province to reflect the diversity in fisheries, ecosystems and expertise. Registered Society constitution and by-laws available on our website at The FNFC strives to develop a cohesive voice among BC First Nations on fisheries matters, as per the All Chiefs Task Force Recommendations (2010).

3 Fisheries Act and Navigation Protection Act Reviews 2012: Conservative Gov t changes to legislation including the Fisheries Act and Navigation Protection Act (Bills C-38 and C-45) reduced protections for fish and habitat 2016: Prime Minister Trudeau launched a review of changes to the Fisheries Act, Navigation Protection Act, Canadian Environmental Assessment Act, and National Energy Board process. FNFC worked with regional FN Fisheries organizations and legal support to develop comprehensive submissions on the reviews of the Fisheries Act and the Navigation Protection Act. We are urging the Minister to address the concerns raised by First Nations and to modernize the Acts in a manner that recognizes and respects Aboriginal and Treaty Rights within the meaning of Section 35(1) of the Constitution Act (1982) and UNDRIP and to directly involve First Nations in the legislative process. These concerns must be properly addressed to meet the mandate of the review, and most importantly, for the Honour of the Crown to be upheld.

4 First Nations Fisheries Rights Objective: Federal and provincial governments must manage fisheries to meet conservation objectives and ensure that the FSC priority is upheld. We look forward to building a renewed relationship with the Crown aimed to achieve successful Aboriginal Fisheries that ensure First Nations have access to the diversity of resources in their territories to support their health, cultural and community well-being and provide for their economic prosperity. First Nations continue to express frustration at their inability to meet FSC needs. The situation is likely to worsen over time with increasing conservation and environmental pressures. First Nations rights to fish for FSC purposes take precedence, after conservation, over all others uses of the resource. DFO is obligated to demonstrate that allocations reflect this priority. BC First Nations have expressed concerns about DFO s allocation decision-making processes. First Nations communities and organizations must work together at appropriate scales to ensure progress on this important issue; success is contingent on wellcoordinated and strategic actions by rights holders at the community and Nation levels.

5 Federal Cabinet Endpoint Directive Objective: The endpoint directive must be repealed. This action would be consistent with the Government of Canada s Working Group of Ministers mandate to review the laws and policies related to Indigenous Peoples to ensure the Crown is meeting its constitutional obligations with respect to Aboriginal and Treaty Rights. A federal cabinet directive from pre-2009 sets a cap on the amount of fish that First Nations can access through any means (Treaty, FSC fisheries, economic fisheries, etc.). DFO has developed a Coast-wide Allocation Framework to ensure the total of all fisheries allocations to First Nations in BC does not exceed the endpoint amount (a set notional allocation of fish for each First Nation that cannot be exceeded). The Endpoint Directive, the Coast-wide Allocation Framework and the notional allocations are inconsistent with the constitutional priority of Aboriginal fishing rights. It is also out of keeping with the Honour of the Crown and the principle of good faith negotiations for DFO to rely on an endpoint analysis rather than an Aboriginal rights analysis to guide its negotiations with First Nations regarding implementation of their fishing rights.

6 Pacific Salmon Treaty Renewal Objective: DFO must consult with First Nations on the negotiated US- Canada agreements prior to the ratification of these Treaty Chapters. Given the significance of these international negotiations, First Nations are highly encouraged to contact DFO directly to request bilateral meetings as they see fit The 1985 Pacific Salmon Treaty (PST) commits Canada and the US to work together on the research, conservation, and management of Pacific salmon. Five PST chapters are set to expire at the end of 2018: Transboundary Rivers, Northern BC and Southeastern Alaska, Chinook Salmon, Coho Salmon, and Southern BC/Washington Chum Salmon. Both US and Canada aim to complete negotiations by December 2017 to allow one year for domestic ratification. To date, only the Transboundary Chapter negotiations have been completed and recommended to the Commission while other Chapters are still undergoing bilateral negotiations.

7 WSA Regulatory Consultation & Implementation The Provincial Government enacted the Water Sustainability Act (WSA) in May 2014 replacing the 106-year old Water Act. The BC government is taking a phased approach to implementing the WSA, and is expected to continue to develop the remaining WSA regulations over the next 3 to 4 years. Regulation areas that have yet to be developed and that have high potential for significant and direct impact on Aboriginal Rights and Treaty Rights are: Water Objectives, Area Based Regulations, and Water Sustainability Plans. In June 2017, the UBCIC passed Resolution directing the UBCIC Executive to work with the FNLC to immediately co-develop with First Nations in BC a framework for, and to provide adequate resources to, First Nations to appropriately engage in the regulations pertaining to the Water Sustainability Act which have high potential for significant and direct impact on Aboriginal Rights and Treaty Rights, to be undertaken with a Nation-based approach ensuring Nation-based interests are taken into account and accommodated. Similar resolutions will be put before the First Nations Summit and the BC Assembly of First Nations at their respective meetings in Fall 2017.

8 Aquaculture (Continued) Objective: The FNFC has made the following recommendations to DFO regarding First Nations concerns and engagement in Aquaculture policy and management: DFO adhere to commitments from the Minister s mandate letter regarding renewed nation-to-nation relationship with Indigenous People, based on recognition of rights, respect, co-operation, and partnership ; DFO continue to engage directly with First Nations to collaboratively develop a Tier 2 structure and strategic approach for engagement and dialogue on policy and legislative developments; DFO commit to working with First Nations to develop a high-level science review process to address fundamental concerns such as disease and pathogens; DFO and appropriate representatives from the Province should collaborate and engage with First Nations regarding the jurisdictional issues facing First Nations in relation to aquaculture development in their territories.

9 Atlantic Salmon Escape FNFC passed a resolution at their last Executive meeting expressing concern about the risk of open net pen fish farms to wild salmon, and support for transitioning to closed containment systems. FNFC recognizes that some communities rely on agreements with fish farm operators for economic opportunity, but has heard from many communities that the risks are too great. Over 305,000 Atlantic salmon recently escaped from a US-based fish farm into to the Salish Sea, and there are reports that the escaped Atlantic salmon are being encountered in BC s coastal waters and rivers. The FNFC issued a press release indicating a need for the federal and provincial governments to bring public awareness to how to identify the invasive Atlantic salmon species, what to do with the fish when encountered, and ultimately how to ensure that risks to Pacific salmon are minimized and mitigated.

10 Wild Salmon Policy Implementation Objective: DFO must assign sufficient resources to properly implement the Wild Salmon Policy. Concurrently, given declining budgets, DFO should explore alternative approaches to implementing WSP-related projects and activities that involve strategic partnerships with First Nations and others. First Nations should request bilateral meetings on WSP implementation as desired. Driven by Minister LeBlanc s commitment to act on Cohen recommendations and produce a Wild Salmon Policy (WSP) implementation plan by 2018, DFO engaged First Nations and others on Wild Salmon Policy implementation last fall. FNFC s Salmon Coordinating Committee (SCC) met with DFO several times over the past year to identify gaps and priorities to be addressed during implementation and to discuss potential opportunities for collaboration. SCC has raised several concerns about the lack of funding and resources, but remains interested in the collaborative development of a draft implementation plan. DFO intends to circulate a draft version of the WSP implementation plan by early fall, prior to the series of regional consultations with BC First Nations planned in October and November. The FNFC has distributed a briefing note to support First Nations participation in DFO s consultation sessions. The briefing highlights implementation planning and challenges, a number of recommendations, and a list of questions that participants may wish to ask DFO at the sessions.

11 Economic Fisheries Priorities under PICFI renewal: flexibility in program/funding delivery; financial support to leverage additional capital; capacity building, education and training; diversification and value added opportunities; and market access and branding. First Nations require tools to create fisheries that provide enduring, sustainable benefits that support economic independence and contribute to healthy communities. First Nations are working to have DFO establish First Nations economic shares through DFO s license buy-back programs (e.g. ATP and PICFI). Implementation of First Nations-supported changes to the Commercial Salmon Allocation Framework will allow First Nations to more fully realize the benefits of these programs. 25 First Nation Commercial Fisheries Enterprises (CFEs) now established through PICFI. Investments were made by DFO to secure access to licenses and quota and to support business and capacity development. CFEs are on the cusp of significant growth and expansion, which will solidify their position in the industry and provide long-term employment and career opportunities.

12 National Indigenous Fisheries Institute The National Indigenous Fisheries Institute (NIFI) is a newly formed national level technical organization that is working with communities, regional organizations, and government agencies to maximize the potential of Indigenous-directed programs administered by Fisheries and Oceans Canada. NIFI has been asked to work with DFO to undertake the Indigenous Program Review, a technical review of programs supporting Indigenous involvement in the collaborative management of aquatic resources, oceans, and habitat and Indigenous participation in commercial fisheries and aquaculture operations: - Aboriginal Fisheries Strategy - Aboriginal Fisheries Guardian Program - Aboriginal Aquatic Resource and Oceans Management Program - Atlantic Integrated Commercial Fisheries Initiative - Pacific Integrated Commercial Fisheries Initiative Regional sessions nation-wide are scheduled over the next several months to engage with First Nations. The dates are posted on the calendar on the FNFC website.

13 You re Invited! First Nations Fisheries Council of British Columbia Annual General Assembly November 7-8, 2017 Songhees Wellness Centre - Victoria, BC Advance registration for this event is required. Travel subsidy available for one person per community/organization (must apply in advance) Visit our website at for information on registration, accommodations and travel subsidies We hope to see you in November!