INTERESTING NEWS Canada’s Oldest First Nations Newspaper - Serving Nuu-chah-nulth-aht since 1974 Vol. 46 - No. 16—August 22, 2019
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Court dismisses five nations’ injunction application Nuu-chah-nulth nations are left out of a chinook reallocation this summer, despite efforts in Federal Court By Eric Plummer Ha-Shilth-Sa Editor Vancouver, BC - The boats of five Nuuchah-nulth nations won’t be able to catch many more of the suuhaa currently passing through their territorial waters, after Federal Court dismissed an application to reverse a decision made earlier this summer by Fisheries and Oceans Canada. T’aaq-wiihak fisheries - which means ‘fishing with permission of the Ha’wiih (hereditary chiefs) in Nuu-chah-nulth - filed an application for an injunction against a DFO decision to reallocate 6,000 chinook salmon, or suuhaa, from the recreational to the regular commercial sector off the west coast of Vancouver Island. The T’aaq-wiihak fisheries of the Ahousaht, Ehattesaht/Chinekintaht, Hesquiaht, Tla-o-qui-aht and Mowachaht/ Muchalaht First Nations were left out of the decision to reallocate the region’s total allowable catch, despite court rulings that prioritize the nation’s Aboriginal right to harvest and sell fish from their respective territories. Ahousaht’s lead negotiator Cliff Atleo was disappointed with the court’s decision on Aug. 16 to dismiss T’aaq-wiihak’s application for an injunction. “We had no choice but to the send the message to the department that we’re going to fight them every step of the way if they reallocate to somebody else when they know what they offered us is totally inadequate,” he said. “Even if a favourable decision happened, it may not have made a whole lot of difference because of the timing of the run.” Atleo commented on the Federal Court’s decision in the middle of his day-long meeting with the federal department on Aug. 16, part of years of negotiating with DFO to honour Aboriginal rights that have been recognized by Canada’s courts over the last decade. The most recent decision to uphold this came from Justice Humphries in April 2018, a B.C. Supreme Court ruling which stressed “the priority the plaintiffs have over the recreational fishery, despite the present Salmon Allocation Policy” maintained by DFO. “DFO cannot continue to minimize and ignore the proven rights of our nations,” stated Atleo in a press release issued by T’aaq-wiihak on Aug. 13. “The courts have been clear that a generous approach to our chinook salmon allocation is required, yet DFO actually provided the nations with less chinook this year.” The next chinook opening for the five nations began at midnight Aug. 17, extending until 11:59 p.m. Tuesday,
Photo by Eric Plummer
Ahousaht lead negotiator Cliff Atleo speaks in front of the B.C. Supreme Court in Vancouver with Ahousaht Tyee Ha’wilth Maquinna Lewis George, after the judgement of the Justifiation Trial was announced on April 19, 2018. As the nations await the result of an appeal to the Justification decision, Federal Court in Vancouver dismissed their application last week for an injunction affecting this year’s chinook fishery. fisherman Harold Little expressed the location from recreational. Commercial Aug. 20. But in an interview on Aug. frustration felt by many in his commuvessels also have the potential to catch 13, T’aaq-wiihak Fisheries Manager nity. He told DFO officials at the forum another 4,000-5,000 chinook in SeptemAlex Gagne noted that an estimated 477 that this is the first time he’s seen sports ber, according to Gagne. chinook remain in the DFO’s allocation fishing boats inside the surf line at that “For the 2019 season, DFO initially to the five nations – not enough for a “viprojected a recreational harvest of 50,000 time of the year. able fishery”. “Our hahoulthee is as far as you can see [Aggregate Abundance-Based Manage“A maximum of 45 chinook per vessel in the ocean. We own it,” he said. “I want ment] chinook, which was revised down may be retained per trip,” stated a recent to know how you own it. What right do to 40,000 chinook at the end of July DFO fisheries notice. you have to tell us what to do?” based on in-season catch information,” In an e-mail to Ha-Shilth-Sa, the DFO Despite Humphries’ prioritizing of the wrote the DFO spokesperson. “The five said its management role is to “ensure nations’ right to fish in their territories, nations AABM chinook allocation is not sufficient number of fish reach spawning affected by changes to recreational catch- her 2018 court ruling limited their fisherareas to sustain the populations for the ies to a “small-scale, artisanal” fishery es that are either higher than expected or future.” that can only catch within nine miles of lower than expected, as their allocation “If there is sufficient abundance to the shore. T’aaq-wiihak awaits the results is determined as a share of the Canadian permit harvest, priority access is proof their appeal to this decision, which the [Total Allowable Catch)] (as opposed to vided for constitutionally protected First fisheries’ manager expects to hear this commercial TAC).” Nations food, social and ceremonial and Chinook fisheries across the West Coast year. treaty fisheries,” wrote the department. “We’re expecting it in the fall,” said “Where applicable, priority access is then have faced stringent restrictions this year, Gagne. “The judges were very aware of since DFO measures to protect endanprovided to the five nations’ rights-based the fishing season – that they start in that gered stocks originating from the Fraser fishery. If abundance permits, commerMarch, April time – so they committed cial and recreational fishery opportunities River were announced in April. Some to get the ruling out in time to support commercial fisheries have not opened may be considered, consistent with these until August, while offshore sports fishing changes that could be implemented next allocation priorities.” season.” boats west of Vancouver Island were not But this year T’aaq-wiihak was allocat“We’re optimistic,” added Atleo of the ed just over 7,000 chinook, compared to a permitted to retain any chinook until July appeal. “I think that we had some very notional allocation of 50,000 for the west 15. Similar restrictions also applied to strong arguments to counter the decision coast of Vancouver Island’s sports fishery chinook fishing for First Nations’ food, that was made.” social and ceremonial purposes. and 14,000 to the Area G commercial During a Council of Ha’wiih Forum boats – a total allowable catch that has on Fisheries in June, seasoned Ahousaht now increased to 20,000 with the real-
Inside this issue... Agreement for industry training.................................Page 3 AIRS healing event to take place...............................Page 4 Salmon shark behavior...............................................Page 8 Tlu-piich games.............................................. Pages 9 to 12 Sanford Williams totem pole....................................Page 15
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