Float plane crash caused by boat wake

Traffi c in a busy Tofi no harbour had a role in the accident, determines investigators over a year after the crash

By Denise Titian Ha-shilth-Sa Reporter

Tofi no, BC – A routine trip from Tofi no to Hot Springs Cove aboard a fl oat plane turned terrifying after the aircraft faltered on take-off , cartwheeled, and settled on the ocean upside down. NTC President Judith Sayers was aboard that fl ight and was rescued from drowning by her son, who was also aboard. The Transportation Safety Board of Canada (TSB) has determined that two factors played a role in the accident: the wake from passing boats and possible errors in weight and balance calculations. The incident occurred shortly after takeoff from Tofi no Harbour on the morning of July 26, 2021. At the time, people speculated that the fl oat plane had hit the sandbar on take-off , but the TSB has determined that the plane lost control as it became airborne after hitting the wake of passing boats, sending it into a cartwheel. “The aircraft rate of acceleration was slowed by a boat wake during the takeoff run, and the pilot attempted to gain additional distance with a right turn on the water’s surface,” said the TSB. “The aircraft then lifted off of the water at a low airspeed as a result of either a second boat wake or a control input.” Sayers said she was strapped in her seat and hanging upside down as the plane fi lled with water. “Remembering that moment when I knew I had no breath left and thinking my life was over… still brings tears to my eyes that my son saved me,” she shared. According to the TSB report released on Oct. 6, the accident involved a Cessna A185F seaplane operated by Atleo River Air Service Ltd., in Tofi no. “On 26 July 2021, an Atleo River Air Service Ltd. Cessna A185F seaplane was conducting a fl ight from Tofi no Harbour Water Aerodrome, BC, to the Hesquiaht First Nation community in Hot Springs Cove, BC, with one pilot and four passengers on board,” says the TSB summary. “During takeoff , the aircraft momentarily became airborne, then lost control and cartwheeled, before coming to rest

Submitted photo An upturned fl oat plane rests on a sandbar near Tofi no Harbour, after cartwheeling following takeoff . A Transportation Safety Board report has determined that a boat wake in the busy harbour was a factor in the accident. inverted in shallow water. One passenger received serious injuries, the remainder received minor injuries, and the aircraft was substantially damaged.” The fl oat plane came to rest, upside down at the sandbar near Deadman’s Island, in shallow water. This fact likely saved the life of Sayers, who, with assistance from the others, was successfully released from her seat and was treated for minor injuries. The TSB found that the location of the accident likely contributed to the survival of the occupants, “by reducing the risk of drowning and providing time for the occupants to egress the aircraft,” reads the TSB report. The investigation also determined that passenger weights may have been underestimated, which could have aff ected the aircraft’s ability to fl y safely. Following the occurrence, Atleo River Air Service Ltd. increased the time between fl ights by an additional 15 minutes to provide pilots with more time to complete their pre-fl ight duties. “Understanding what happened in the accident is important to my healing emotionally, but trying to ensure these kinds of accidents don’t happen again is even more important,” said Sayers. She noted that coastal communities rely on fl oat planes to get in and out. “The fact that Atleo Air put more time in between fl ights helps what?” she asked. “The issues relating to the updates on the wings are more important to look at and ensuring the fl oat planes are safe.” Three months after the accident, a plane from Tofi no Air was involved in a collision with a boat. On Oct. 18, 2021 a Tofi no Air fl oat plane collided with Rocky Pass, a water taxi operated by Chris Frank of Ahousaht, witnessed by several people on the docks of Tofi no Harbour. In that accident, the fl oat plane had already landed before the collision. Its pontoon was damaged, causing it to fi ll with water, eventually sinking the plane. Boaters in the area were able to rescue all occupants of the plane with no serious injuries reported. The Nuu-chah-nulth Tribal Council issued a statement following the second accident, calling for action to prevent further tragedies. “We want to ensure no more of our people, or anyone else, is harmed by preventable accidents that have the potential to be absolutely disastrous. These two incidents are cause for great concern and we know that more can be done to prevent these incidents from happening again and we demand changes to laws, regulation and policies be made to ensure greater safety in the harbour,” Sayers wrote in the NTC statement, dated Oct. 21, 2021. She is concerned about the growing number of users in the busy Tofi no Harbour, especially with two fl oat plane accidents in the same area just three months apart. “We call on Transport Canada as a priority, to review the laws, regulation and policies that regulate Tofi no Harbour and make changes to ensure a safer harbour,” Sayers demanded in the NTC statement. More than a year after her harrowing experience, Sayers says the shock has lessened but it is still something that stays with her. “Reading the press release and report, it brings back a lot of memories of that day, the shock, the pain, the joy of all of us being alive,” said Sayers. She knows that fl oat planes are safe, “but it is the thought of it happening again that gives me pause to get back on them. I will do it, just at the right time for me.”

Roger, Dry Creek ‘bone dry’, as salmon wait for rain

Continued from page 1.

Connors added that Chinook salmon on the east coast of Vancouver Island have already been identifi ed as a conservation concern by DFO and by the Committee on the Status of Endangered Wildlife in Canada. These additional stresses can make their situation worse. In the Alberni Valley, Dave Rolston, Tseshaht First Nation’s fi sheries manger, says McCoy Lake watershed has seen the most severe impact from the drought. “With respect to drought, with respect to water fl ow, the McCoy Lake watershed doesn’t have the buff er that some of the other places have with respect to aquifers,” Rolston said. “All the [creeks] that feed into the lake, most of them are dry. Heath creek’s not too bad, it’s still got a little bit of fl ow, but everything else is pretty much completely dry.” Rolston said he estimates that half of the juvenile salmon that were in the McCoy Lake watershed a couple months ago have now been lost. He said since the drought, no adult coho are getting to the McCoy Lake watershed to spawn, and he believes they will be the most impacted species of salmon this year. “We’re seeing impacts I would say mostly in the coho. Chum are starting to come in now, there’s a little bit of chum but they typically start to spawn near the mouth of the Somass, so hopefully they’re not going to be impacted,” Rolston said. “The chinook…a good chunk of them got up the Stamp before this happened and then they seemed to be able to make it up the Stamp still.” Rolston said it’s still to be determined if the sockeye will be aff ected by the drought, but if forecasted rain comes this weekend they should be okay. “It’s time for them to spawn, so hopefully we will get some rain and that will solve itself,” Rolston said. “I’m hearing from other regions that this is the most severe drought we’ve had in 100 years. I tend to believe it.” Rolston added that Roger Creek and Dry Creek are also “bone dry” which has caused fi sh to die in those areas as well. Mike McDermid, director of Seafood and Fisheries for Ocean Wise, said the prolonged drought has defi nitely had an impact on salmon returning now. “(Stream) Temperatures of 17-18 degrees C begin to stress the fi sh increasing pre-spawning mortality, and at 20 degrees become lethal,” McDermid said. “Low water levels can leave critical spawning beds dry and create in-river barriers to salmon migration leading to die off s like we saw in the Neekas in Bella Bella.” McDermid said salmon are fairly good at holding in deeper waters of lakes or at the mouths of rivers for the right conditions before continuing their migration to the spawning beds, however that ability can be limited and large aggregations of fi sh can cause stress, leading to higher mortality. “We are certainly seeing this on Vancouver Island,” McDermid said. “Salmon are currently holding in Alberni Inlet because of the low water levels and the City of Nanaimo had to release water from two reservoirs into the streams to support the returning salmon.” Salmon, McDermid said, are intrinsically linked to a healthy coastal ecosystem both on land and in the water. They are predators of small fi shes and planktonic organisms and are a key food source for many larger fi sh and mammals, like the threatened resident killer whales. “What cannot be understated is that they are intrinsically linked to people as well. Coastal peoples have relied on the returning salmon for thousands of years and this could have devastating impacts on those communities that live upriver and rely on the salmon returning today,” McDermid said. “We are likely to feel the eff ects of climate change more and more and events like this are more likely to occur, so we need to take this into consideration in our management decisions to ensure the future health of our coastal ecosystems.”

Ha-Shilth-Sa newspaper is published by the Nuu-chah-nulth Tribal Council for distribution to the members of the NTC-member First Nations, as well as other interested groups and individuals. Information and original work contained in this newspaper is protected by copyright and may not be reproduced without written permission from: Nuu-chah-nulth Tribal Council P.O. Box 1383, Port Alberni, B.C. V9Y 7M2. Telephone: (250) 724-5757 Fax: (250) 723-0463 Web page: www.hashilthsa.com facebook: Hashilthsa Ntc

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Economic centre aims to empower Nations

B.C. Assembly of First Nations starts initiative with six staff to assist communities

By Eric Plummer Ha-Shilth-Sa Editor

Vancouver, BC - The B.C. Assembly of First Nations is building an economic development centre, with the aim of providing Indigenous communities with much-needed expertise to pursue ventures towards prosperity. The announcement of the BCAFN’s Centre of Excellence in First Nations Economic Development was made on Oct. 11, with a $1.2 million commitment from the provincial government to help get the initiative started. The centre’s location and date of opening is yet to be determined, but BCAFN Regional Chief Terry Teegee said the development will make “educated, well-versed assistance” available to First Nations with six dedicated staff . “Far too often what I’ve heard from many chiefs across British Columbia is we don’t have capacity, we don’t have enough resources,” said Teegee during a press conference. “They don’t have someone who is directly committed to economic development, nor do they have somebody that looks after their title and rights.” A joint announcement from the province and the BCAFN stated that the six staff members will be employed by the economic development centre this year, with plans to grow in the future. The hope is for the centre to better empower First Nations to participate in the province’s economy, thereby improving the living standards of Indigenous peoples in B.C. This year the First Nations Leadership Council cited an “intergenerational cycle of poverty” that many Indigenous communities face, according to its report Income Supports and Indigenous Peoples in B.C. During the Oct. 11 announcement Ravi Kahlon, B.C.’s minister of Jobs, Economic Recovery and Innovation, identifi ed barriers to First Nations fully participating in the economy. “We heard that these barriers include discrimination and systemic racism, the need for more services and infrastructure in remote communities, regulatory burdens, and limited access to capital,” said the minister. “It became clear that in order to build an economy that includes everyone, we need to remove these barriers.” Part of the challenge has to do with location, observed Teegee. “Approximately 15-20 per cent of our First Nations are within urban centres, so their economic development is far diff erent than rural First Nations,” he said. Yet opportunity exists in natural resources, industries that too many Indigenous communities have not participated in, said Teegee. “Forestry, mining, natural gas, all these resources that we export, First Nations are not part of the equation,” he stressed. “Certainly, we’re seeing more discussions with industry and government, but clearly not enough.” The investment aligns with the province’s Declaration on the Rights of Indigenous People’s Act. This legislation stresses the importance of a First Nation determining its own future, but the establishment of a centralized economic support location proved to be more viable for the province than dispersing funds to B.C.’s 204 individual First Nations. “I feel this will fi ll a big gap of support services, expertise and technical support,” said Daylu Dena Council Deputy Chief Harlan Schilling, who is also on the B.C. Assembly of First Nations’ board of directors. “This provides a hub for small First Nations, like my First Nation here in Lower Post, an opportunity to work with other economic development leaders in our province.”

Photo submitted by B.C. Assembly of First Nations On Oct. 11 the B.C. Assembly of First Nations announced the establishment of the Centre of Excellence in First Nations Economic Development, with a $1.2 million injection from the province. Pictured is BCAFN Regional Chief Terry Teegee.

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House of Commons commi ee gives 29 recommendations, after coastal communities were left out of response

By Eric Plummer Ha-Shilth-Sa Editor

Ottawa, ON - Nearly a year after the Zim Kingston lost over 100 shipping containers at sea west of Vancouver Island, a House of Commons committee has concluded that Canada is ill-prepared to deal with marine cargo accidents. “[C]oastal communities are bearing the brunt of cleanup eff orts,” stated the House of Commons Standing Committee on Fisheries and Oceans in a report released this month. Based on an analysis of the Zim Kingston incident - including hearing from 21 witnesses in government agencies, coastal response organizations and First Nations - the committee’s report lists 29 recommendations, stressing what’s needed to overcome shortcomings that led to 105 containers being lost in the Pacifi c. On Oct. 21, 2021 the Zim Kingston reported losing 40-foot shipping containers in stormy weather before the vessel entered the Juan de Fuca Strait, 38 nautical miles south of Ucluelet. Owned by the Danaos Shipping Company from Greece, the Zim Kingston originally reported missing 40 containers, but this tally ended up being 109. The ship continued eastward, and a fi re emerged when the vessel was south of Victoria. The Canadian Coast Guard responded, but the government agency’s eff ectiveness led the parliamentary committee to determine that Canada has “defi cient” resources in marine fi refi ghting and the towing of vessels. The fi re was fi rst reported at 12:45 p.m. on Oct. 21, but the Coast Guard wasn’t on the scene until 5:30 to 6 p.m. that afternoon, states the committee’s report. The Coast Guard’s emergency towing boat arrived on the scene at 6:30 the following morning, nearly 18 hours after the fi re was fi rst reported. “[T]he situation was saved by the fortuitous presence of two off shore supply vessels with fi refi ghting capability in the vicinity,” stated the report. Canadian Coast Guard Deputy Commissioner Chris Henderson told the committee that the federal agency “was well-positioned to respond quickly and eff ectively to this incident.” But further correspondence from the Coast Guard revealed that the initial model of where the containers were believed to be drifting came from the US Coast Guard, which informed early decisions on how to respond to the off shore incident. In light of these fi ndings, the standing committee recommends that DFO consult with the Coast Guard on how to improve its marine fi refi ghting capabilities, as well as look into standards that would require tracking devices in shipping containers. This would be part of a “marine debris monitoring and management plan” that the DFO is tasked to implement, addressing all forms of synthetic material that ends up in the ocean, with research to better understand the impacts of polystyrene on marine environments. The committee also recommends a push to ban polystyrene in international marine transport. Just four of the 109 containers that went missing were recovered, leaving those who live on the west coast of Vancouver Island to suspect that the unusual matter washing up on their shores in late 2021 came from the Zim Kingston. Esowista resident Nicole Gervais found unusual debris like grey rubber mats and toys on the beach, while Ray Williams of Yuquot encountered unusually large chunks of Styrofoam on the Nootka Island shore in December. “It’s unusual to see that kind of stuff come ashore,” said Williams in a past interview with Ha-Shilth-Sa. “I have a strong suspicion.” The presence of such matter far north of the Zim Kingston accident is cause for concern, according to Staff ord Reid, an environmental emergency planner and analyst who provided input to the standing committee. He stated that polystyrene foam and small plastic pieces of marine debris are “much more insidious and have much more long-term impact than even oil.” First Nations are ‘best positioned’ to respond Under Canadian law, a shipping company is required to take care of cleaning up debris after a marine accident. Danaos hired the Resolve Marine Group, a US-based company with an international reputation. But this was not necessarily the best contractor to lead the recovery eff ort, said Karen Wristen, executive director of the Living Oceans Society, in her statement for the committee. “In that void, the ship’s owner retained an agent with no shoreline salvage experience, no knowledge of the local terrain, infrastructure or response assets, and gave him command of the entire operation,” she said. “That agent decided to prioritize the removal of goods that were still contained in a beached container over the goods that were strewn all over the beach. That choice is largely responsible for the fact that debris is now strewn on every beach from Haida Gwaii to Tofi no, at the very least.” Although the committee determined that the Coast Guard and the province kept coastal communities well informed of how the eff ort was progressing, communication among those who responded to the lost containers was poorly coordinated, leaving coastal residents to shoulder more than their fair share of cleanup. The committee addressed this issue by recommending the formation of a spill-response task force composed of government agencies, First Nations and non-government organizations. Terry Dorward, project coordinator of the Tla-o-qui-aht First Nation’s Tribal Parks, stressed that more resources for the First Nation would have improved how the off shore incident was handled. “We require direct funding to build response capacity for coastal First Nations, and to provide emergency training and response materials to First Nation communities who are best positioned to be the fi rst responders in the event of a spill,” Dorward told the parliamentary committee. “We know we can safely and eff ectively mobilize to reduce response times and mitigate the challenges of bringing in distant federal response agencies like Transport Canada, the Coast Guard and external contractors.” Container contents remain a mystery Two of the lost containers contained hazardous materials: 23,800 kilograms of potassium amylxanthate, a yellow powder used in mining to separate ores, and 18,00 kilograms of thiourea dioxide, a white bleaching compound used in the clothing industry to remove colour from natural fi bres. In an update provided in March the Coast Guard reported that, based on consultations with Environment Canada, these chemicals should not have long-term impacts on the marine environment. But where these two containers are remains a mystery, and the exact contents of the other missing sea cans will continue to leave those who closely watch the shorelines to wonder if they haven’t seen the last of debris from the Zim Kingston. The ship’s cargo manifest was not publicly shared after the accident, as privacy laws limited this information to those who shipped and ordered the goods. “When we can’t accurately track where these containers are and we don’t know where the load of chemicals will eventually spill, it’s almost impossible for us to engage in any long-term monitoring and to fully understand, from a scientifi c perspective, what the ramifi cations of that chemical being in the aquatic environment will be,” said Alys Hoyland, a youth coordinator for Surfrider Foundation Canada, to the standing committee. “We really have no idea what to expect from the missing sunken containers. Two of them are known to contain a chemical that is acutely toxic to aquatic organisms, and we have no idea where they are or what condition the cargo is in, and 102 of the containers are simply mysteries,” stated Wristen. “How, then, are we to begin to hold the polluter to account for the risk or to plan and pay for a response when those sunken containers break up and release their content?”

Submitted photo On Oct. 21, 2021, 109 shipping containers fell from the Zim Kingston into the Pacifi c Ocean west of Vancouver Island. Only four of the missing sea cans have been found

Photo from Coalition of First Nations for Finfi sh Stewardship Leaders from the Gwa’sala-’Nakwaxda’xw Nations, including Hereditary Chief Paddy Walkus, speak to Fisheries Minister Joyce Murray on a Mowi Canada West salmon farm in their traditional waters on Friday, Oct. 14. DFO minister visits fi sh farms, sticks to transition plan

Group of First Nations advocating to keep salmon farming braces to exercise their rights if DFO pushes onward

By Eric Plummer Ha-Shilth-Sa Editor

As uncertainty hangs over aquaculture on the B.C. coast, Canada’s fi sheries minster visited Vancouver Island fi sh farms last week, armed with a mandate to transition open net pens out of the ocean by 2025. But a coalition of First Nations advocating to keep salmon farms in their territories informed Joyce Murray, the visiting minister of Fisheries and Oceans Canada, that they will continue to operate according to their Aboriginal rights, regardless of what the government decides. Moving net pens out of the Pacifi c was part of the election platform that enabled Justin Trudeau’s Liberals to retain a minority government in last year’s federal election. Since then, MP Joyce Murray was appointed minister of Fisheries and Oceans Canada and the Coast Guard, with direction to make “a responsible plan to transition from open net-pen salmon farming in coastal British Columbia by 2025,” according to the mandate letter delivered by the Prime Minister. In taking the role Murray has stepped into one of the most contentious issues facing coastal communities, as the future of aquaculture hangs between the industry’s economic benefi ts and concerns over pathogens from farmed fi sh spreading to threatened wild stocks. As a councillor with the Kitasoo/ Xai’xais Nation, Isaiah Robinson is part of the Coalition of First Nations for Finfi sh Stewardship, which also includes the Ahousaht, Tlowitsis and Wei Wai Kum First Nations. The coalition emerged this year, advocating for the economic benefi ts of aquaculture to coastal communities that can off er few job prospects. The group pledges to closely watch fi sh farms in its territories “to ensure that those operations are done responsibly and transparently with minimal risk to the wild salmon we rely on as coastal peoples,” according to a press release issued before Murray’s visit. After the minister’s visit to his territory, Robinson said it appears her mind is set on following the government’s pledge to get open net pens out of the ocean. “She very much acknowledged all of our statements but that doesn’t mean that it’s going to go any diff erent than the way it is now,” he said. “They’re still sticking with the same timeline, and she didn’t budge with that expectation.” It remains to be seen what the transition plan from open net pens will look like, as this ocean-based practice has long been a standard for the industry. On June 30 nearly all of the 109 salmon farms on the B.C. coast were due to expire, but a week before this deadline Murray granted two-year licence extensions to allow for further consultations with First Nations and operators. An exception to this is the Discovery Islands, territories of the Laich-kwil-tach and Klahoose First Nations northeast of Vancouver Island. After years of opposition, in 2020 former fi sheries minister Bernadette Jordan cancelled the 19 licences in this region – an announcement that was overturned in April 2022 by the Federal Court, which determined the cancellation wasn’t procedurally fair and lacked justifi cation. Now the Discovery Islands farms can breed fi sh until January, at which time a fi nal decision is expected from the current fi sheries minister. The future of the Discovery Islands’ sites was addressed during Murray’s visit, according to the Coalition of First Nations for Finfi sh Stewardship. “This transition engagement process between DFO, the Province of B.C. and our Nations has a short timeline that we consider inadequate,” stated the coalition. Due a lack of professional expertise and funds, it’s a challenge for many of the coastal First Nations to assemble a transition plan in time for what DFO requires, stressed Robinson. “Each nation is trying to formulate what that transition will be, and the government’s got to pull it back and formulate something from that,” he said, noting that the nations might not necessarily follow what the government requires. “If she makes her decision, and it doesn’t fall in line with what we’re doing – we don’t want to do it, but we’ll just have to use our self-inherent right. That’s something that the nations reiterated.” The DFO has pointed to the need to prevent contact between migrating wild stocks and farmed salmon. Many fear that farmed fi sh bred in close proximity - which in most cases are Atlantic salmon - can spread sea lice and other pathogens to their wild counterparts as schools pass net pens. For years the Union of B.C. Indian Chiefs has pushed for the removal of net pens in favour of land-based facilities. In June the UBCIC passed a resolution calling for a moratorium on new licences in the Discovery Islands, fulfi lling the DFO’s phase-out commitments. “The vast majority of First Nations in B.C. oppose open net pen fi sh farming due to the detrimental eff ects it has on wild salmon,” said UBCIC President Grand Chief Stewart Phillip in a past statement, citing the Cohen Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River. “Water is contaminated, poisoning salmon, shellfi sh, and other marine life. The immediate dangers include disease and pathogens which Justice Cohen spoke of as a potentially irreversible impact to B.C. Wild Salmon.” Robinson said that the coalition does not agree with this, citing decades of research into that the Kitasoo/Xai’xais Nation has drawn from that show no direct correlation between the location of farm sites and declining wild stocks. “We don’t see it as a signifi cant risk,” he said of salmon farming. “We hope that [Murray] understood that no matter what she’s going to decide, we’re going to be sticking by our rights and title. We expect the government to do the same thing.” As three quarters of salmon harvested in British Columbia come from fi sh farms, advocates for the industry hope that the DFO minister will respect their interests. “We hope this visit will encourage Minister Murray to listen to our Nations’ distinct and sovereign voices and understand the importance of fi nfi sh aquaculture to our coastal and often remote communities,” stated the coalition. “By working together, we can build on the foundation of an innovative and robust aquaculture industry already operating in our waters and encourage coastal First Nations to help lead Canada’s Blue Economy here on the West Coast.”