Subsea marine conservation talks stall

Co-governance with First Nations has been a key issue on a massive DFO proposal in Nuu-chah-nulth territory

By Mike Youds Ha-Shilth-Sa Contributor

After months of negotiation, First Nations and DFO remain at loggerheads over co-governance of a proposed marine conservation area off the Island’s west coast. Talks between Haida, Quatsino, Nuuchah-nulth negotiators and their DFO counterparts have continued for the past two years over the proposed Tang.ɢwanḥačxʷiqak-Tsigis Marine Protected Area, or what the federal government refers to as the Off shore Pacifi c Area of Interest (AOI). The marine conservation area (MCA) — roughly 133,000 square kilometres or more than four times the size of Vancouver Island — would dwarf an existing one created in 2003 to protect the Endeavour hydrothermal vents. While no one disputes the value of conservation, the designation could have profound implications for the rights and interests of coastal First Nations. Over the past year alone, negotiators have met 19 times, focused on drafting a memorandum of understanding that would establish a board and co-governance in managing the conservation area, but that essential goal remains a key sticking point. DFO refuses to budge, said NTC President Judith Sayers. “What we want is a role in management and they just don’t want reconciliation, although they may be moving forward with that,” Sayers said. Sayers said the federal government has expressed a desire to move ahead with the MCA expansion during its current mandate, but she questions the seriousness considering DFO’s rigid negotiating stance. At a June meeting, ministerial staff wanted to publish the new designation in the Canada Gazette, giving it offi cial status. “They agreed not to do that because we had four main points,” in negotiation, Sayers said Along with co-governance, First Nations want the management board’s scope of responsibilities to include decisionmaking authority in fi shery matters as well as an agreeable dispute resolution mechanism. In July Fisheries Minister Bernadette Jordan said the government is allocating $977 million in its current budget to continue marine conservation eff orts and protect 25 per cent of Canada’s oceans by 2025. “When we protect our oceans, we protect the coastal communities that rely on them,” Jordan said. “We know that healthy oceans have so much more to give. They feed more families, create more jobs. They help clean the air we

Photo supplied by DFO

An ROV camera is used for seamount exploration in the area of interest west of Vancouver Island. breathe.” The move is consistent with Liberal government policy since 2015, when less than one percent of Canada’s oceans was protected. Currently, the fi gure stands at 14 percent. In an online discussion hosted by the conservation group Nature Canada, Jordan was asked to clarify the government’s commitment to the spirit of reconciliation and shared management of marine conservation areas. “Is DFO mandated to engage Indigenous communities in this? How will it work with First Nations in oceans co-governance,” asked online host Gauri Sreenivasan of Nature Canada, conveying questions submitted in advance by Uu-athluk Fisheries Manager Eric Angel. “That is part of the go-forward mandate,” Jordan responded. “I look forward to working with our First Nation partners in the development of marine protected areas. We all have a role to play and we’re going to make sure we do everything to uphold that … our First Nations are the stewards of the ocean space.” Five of 14 existing MPAs are already managed collaboratively with Indigenous governments, including the SGaan Kinghlas-Bowie Seamount MPA in Haida waters. However, they fall short of true co-governance since any management decision may be overridden by the minister. Sayers said they have not been advised by DFO if the new funding is intended for the Off shore Pacifi c AOI. There was no reference to it in Jordan’s July 22 funding announcement, but the government simultaneously released a report, The Current — Managing Oceans Act MPAs Now, For the Future. The report, intended to give fi ve-year updates on MPA progress, points to a need to update policy and guidance to support First Nation participation, Angel noted. Jordan agreed during the online question-and-answer session that there is a need to update legislation. “We need a new approach for consolidating agreements like the Off shore Pacifi c Area,” the minister said, promising to strengthen community involvement and foster greater understanding of MPAs. Toward the latter goal, NTC has been a partner with DFO, Council of the Haida Nation and Ocean Networks Canada in scientifi c exploration of seamounts off the west coast. Two years ago, Joshua Watts of Tseshaht First Nation and Aline Carrier, Uu-a-thluk capacity building co-ordinator, accompanied the annual voyage. Participation since then has been delayed by pandemic safety considerations. “DFO science has been great to work with,” Angel said, attributing the negotiating impasse on bureaucratic resistance to power sharing. An expanded MCA would be a step forward, but the designation has limitations as a conservation tool and no means of accounting for Indigenous knowledge within the existing legal framework, he said. Plus, there is a greater issue at hand that MPAs do not consider. “They’re not really addressing why the oceans are in crisis,” Angel said. Climate change was raised during negotiations but dismissed by government negotiators who maintain it lies beyond the scope of MPAs. “It’s conceivable the you could set up an MPA that would be completely obliterated by climate change,” Angel said. Seamounts are still the primary conservation focus of DFO’s Off shore Pacifi c Area of Interest, but they form only a small part of a much greater ecosystem, he added. “Hishuk ish tsawalk,” Angel said, citing the Nuu-chah-nulth world view that everything is connected, everything is one. “These ecosystems are worthy of study right up to the surface,” especially with the unsolved mystery of ocean mortality among salmon, he noted. “We’re wondering what happens to these fi sh when they go into deeper water.”

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An updated interactive shellfi sh harvesting map identifi es all of the areas that are open and closed this summer

By Melissa Renwick Local Journalism Initiative Reporter

As ocean temperatures rise during the summer months, the BC Centre of Disease Control (BCCDC) is cautioning the public about the higher concentrations of Vibrio bacteria found in warm ocean waters. Ten cases of Vibrio illness were recorded between July 12 and 21. At least six of the reported cases are from self-harvesting seafood, or environmental exposure to the water, said Lorraine McIntyre, BCCDC food safety specialist. Vibrio is a naturally occurring marine organism that multiplies and grows when water temperatures get above 15 degrees Celsius, she said. During this time of year, anyone harvesting shellfi sh, such as mussels, clams, crabs or oysters, is encouraged to keep it cool. McIntyre said she also recommends that it’s thoroughly cooked before consumption. By bringing all seafood to a boil, McIntyre said that you can get rid of the Vibrio bacteria, which can cause gastrointestinal illness resulting in diarrhea, vomiting and abdominal cramps. Harvesting on a receding tide is another way to limit exposure, she added. “Shellfi sh are fi lter feeders,” said McIntyre. “If they’re pumping out the water, they’re pumping out the bacteria that may be multiplying.” The BCCDC has updated their online interactive shellfi sh harvesting sites status map, which identifi es all of the areas that are open and closed to harvesting. Certain regions might be closed due to the presence of biotoxins, which can’t be destroyed by cooking and are toxic to human health, said McIntyre. A separate map shows sea surface temperatures using satellite data. By measuring the ocean’s temperature at a depth of around 10 metres below the surface, the BCCDC is able to “assess temperature trends over time to show warming patterns in the ocean that would aff ect shellfi sh harvesting.” Data for Kyuquot Sound, Nootka Sound, Clayoquot Sound and Barkley Sound can be accessed on the BCCDC’s online sea surface temperatures map. Recently, the BCCDC partnered with the First Nations Health Authority on an

A map provided by the BC Centre for Disease Control shows widespread biotoxin closures, which aff ect shellfi sh harvesting, that are currently in place throughout Nuu-chah-nulth territory. The map can be seen at https://maps.bccdc.ca/shellfi sh/. Indigenous-led project, We All Take Care and to eat, he said. of the Harvest (WATCH). Regulatory issues and climate change Four First Nations communities are also top the list, Rolston added. involved in the pilot project, including Currently in its initial stages, the proTseshaht, in Port Alberni. gram focuses on the harmful consequencTseshaht First Nation Fisheries Manager es of algae blooms, said Rolston. Dave Rolston said the program off ered By setting the nation up with sampling an opportunity for the nation to increase equipment, including plankton nets, a their focus on the stewardship of aquatic YSI meter and a microscope, Rolston resources. said WATCH allows Tseshaht to address “[WATCH is] an attempt to provide and anticipate upcoming seafood chalcapacity to First Nations to take on food lenges. security and safety issues that are long “We need to ensure that we’re on top of outstanding,” said Rolston. things,” he said. “And that we’re providFirst Nations communities are grap- ing as much support, and a safety net pling to understand the health eff ects of for the members that are going out and seafood and whether it is safe to harvest harvesting shellfi sh.”

Tla-o-qui-aht member shuts down forest service road, while the First Nation calls for a meeting of local leaders

By Melissa Renwick Local Journalism Initiative Reporter

Tofi no, BC - A range of long-term and short-term campers, as well as seasonal workers from Tofi no and Ucluelet, have been fi nding refuge down the Kennedy Lake logging road system for years. Some evenings, the line-up of vehicles along the West Main Forest Service Road runs several kilometres long, as observed by the Ha-Shilth-Sa. “Disheartened” by the amount of pollution being left behind and the disregard of the province-wide campfi re ban, Tlao-qui-aht First Nation member Timmy Masso said he could no longer sit idly by. “I can’t allow my territory to become a Las Vegas for people,” he said. “We’re just not set up for the amount of tourists that are coming to this area and all the overfl ow is going to the back roads.” On Aug. 10 he organized a road closure of west main to evict campers and block tourists from accessing the area. He hopes that shutting down the road down will bring light to the situation and “get everyone at the same table,” he said. Ucluelet RCMP were present to “make sure that everyone stayed safe and to keep the peace,” said Sgt. Kevin Smith. Tla-o-qui-aht First Nation elected chief Moses Martin said he understands Masso’s plight. Concerns about “all the campers and all the garbage and debris they’re leaving behind” are repeatedly brought to the chief and council, said Martin. “It is an issue to deal with,” he said. “It’s going to take some collaborating with the municipality of Tofi no and Timothy Masso Ucluelet, as well as neighbouring tribes to get something done about it.” In a statement released on August 10, Martin called for a meeting with regional leaders, First Nations, Tourism Tofi no, as well as provincial and federal government representatives “to fi nd solutions to this critical issue.” Yuułuʔiłʔatḥ First Nation President Chuck McCarthy met with Masso on Tuesday in by the east main entrance. The issue is not new to McCarthy. “We’ve seen this in the ‘60s and ‘70s,” he said. “It’s moved from the beaches to the bush.” To address the potential “health hazards” and “fi re issues,” McCarthy said that collectively, “we need to come up with some solutions.” Pierre Dupont, who works as a dishwasher at Lil’ Ronnie’s Beachside BBQ in Tofi no, was one of the campers evicted from west main. He had been living off the side of the road for two weeks. Priced out of Tofi no and without anywhere to park his van, he found a home on west main. Because of the amount of van lifers in Tofi no, Dupont said he understands why people aren’t allowed to park their vans in town. And yet, restaurants need dishwashers, he said. Tofi no caters to tourists, he said – not to dishwashers. Ucluelet Mayor Mayco Noel said that COVID-19 has exacerbated the backroad lifestyle around Kennedy Lake. “It doesn’t matter if you’re from an Indigenous or non-Indigenous community on the west coast, we all have zero tolerance for the activities going on there because it is our backyard,” he said. The work that Masso is doing to bring the subject to the forefront is “necessary” in order to get the attention of provincial and federal leaders, he said. “The west coast leadership has very much tried to exhaust avenues on their own without much support,” he said. “A lot of the people that are the decision makers don’t reside on the west coast, so they don’t see the magnitude of the issue.” In the Spring of 2021, the Alberni-Clayoquot Regional District (ACRD) reached out to the province, local government, First Nations, and federal agencies to discuss strategies on how to address the concerns about the “large number of transient campers occupying the west main area in 2020,” according to the Ministry of Lands, Natural Resource Operations and Rural Development. A working committee was subsequently formed with representatives from the ACRD, local First Nations, as well as all levels of government, according to the ministry. Three meetings were held between February and July 2021 to discuss strategies to manage the issue. “[N]atural resource offi cers attended the sites, conducted a thorough inventory [and] inspection along the west main, educated the public on the Land Act and camping rules, and posted signage with information regarding the Land Act and camping,” said the ministry. Nine years ago, Masso’s brother Hjalmer Wenstob attempted to clean the area up by establishing a campground and removing some of the “long-term squatters” during a summer internship with Tribal Parks. When he returned to Redneck Beach after the May long-weekend that year, he said the barricades were torn down and all of the new picnic tables Tribal Parks had built were piled up and lit on fi re. The damage resulted in a large forest fi re and eight trees were felled into the lake to prevent it from further spreading, Wenstob recounted. He has since avoided the area because “it’s too upsetting.” “There’s a lot of drug activity,” he said. “There’s a lot of violence. There’s a lot of refuse everywhere. I’m not bringing my kids up here. This isn’t a place to go and have fun. This is a place that just really hurts my heart.” Instead, he carved a sign to welcome visitors to Tla-o-qui-aht Ha’houlthee, that was hung along Highway 4. “At least there would be an acknowledgement of our people and an acknowledgement of the territory we’re in,” he said.