Fishing with Rod Discussion Forum

Fishing in British Columbia => General Discussion => Topic started by: IronNoggin on April 20, 2018, 01:54:06 PM

Title: Commercial FN Fishery Granted
Post by: IronNoggin on April 20, 2018, 01:54:06 PM
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-224196-3-.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/news/2018/04/statement-from-the-minister-of-fisheries-oceans-and-the-canadian-coast-guard-following-the-bc-supreme-court-decision---ahousaht-indian-band-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/sc/18/06/2018BCSC0633.htm

Salmon, and other saltwater species fishing as we knew it, have just met their painful demise.  :(

Sadly,
Nog
Title: Re: Commercial FN Fishery Granted
Post by: IronNoggin on April 20, 2018, 02:18:47 PM
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/sc/18/06/2018BCSC0633.htm
Title: Re: Commercial FN Fishery Granted
Post by: Tylsie on April 21, 2018, 11:06:23 AM
Is no one surprised or does seem to understand what this means. This decisions literally created a new type of user group; First Nation Commercial Fishery! This is distinct from FSC and Non-Native Commercial Fisheries snd sport fishing, trumping all but FSC

The law now "officially" follows a ranking of:

1 - Conservation (which, though it legally out ranks FSC, no one is willing to put this in writing so is a mute point is absolutley meainingless; see Cultus Lake Sockeye and Thompson River Steelhead as notable examples)

2 - Food/Social/Ceremonial

3 - First Nation Commercial Fishery (which this court decision regards as seperate from Non-Native Commercial with its own Quotas which must out rank and should be taken Sportfishing)

4 - Non-Native Commercial Fishing (which has continually had quotas and licenses stripped or bought back to the point most can't make a living doing it anymore. They have been and may continue to be the hardest hit. I truly hope some can still make a living)

5 - Sport Fishing (what ever is left of the quota after the Orcas and seals are saved, FSC catches are obtained, the New Native Commercial Fishery has had its say and only if there is anything left after remaining Commercial guys have gotten theirs)

Have a great weekend everyone!
Title: Re: Commercial FN Fishery Granted
Post by: IronNoggin on April 21, 2018, 11:28:57 AM
Yep. That pretty well sums up what this latest development means in a nutshell. Game Over for most.  :o

Non-Native Commercial Fishing (which has continually had quotas and licenses stripped or bought back to the point most can't make a living doing it anymore. They have been and may continue to be the hardest hit. I truly hope some can still make a living)

I am an Area G (WCVI) Troller as many here know.
Our quota has now been shaved down to about a week's catch. For the entire year.
The balance was freely given to the FN's.
There is no way any of us can survive on what is left. It is over.
I find myself destitute at the age of 60. As does every single other member of our fleet.
Upset" is a gross understatement.

There is simply nothing left to strip away from us any more.
Those of you who giggled while we watched our livelihood being intentionally stripped away and handed off to another sector simply based on race can cease your giggling now. For you very much are the next target.

Sad Times...
Nog
Title: Re: Commercial FN Fishery Granted
Post by: stsfisher on April 21, 2018, 11:45:51 AM
Did I read somewhere in those transcripts this effects a 9 nautical mile strip within this nations territory? From beach out 9 nautical miles, do we now how many miles of shore line this effects?, I was not able to find that portion yet?
Yes I did answer my own question: http://www.courts.gov.bc.ca/jdb-txt/sc/18/06/2018BCSC0633.htm#SCJTITLEBookMark608
 
Title: Re: Commercial FN Fishery Granted
Post by: IronNoggin on April 21, 2018, 11:55:38 AM
Did I read somewhere in those transcripts this effects a 9 nautical mile strip within this nations territory? From beach out 9 nautical miles, do we now how many miles of shore line this effects?,

Race based fishing opportunities have been given to various bands well outside of the Court Defined Area (CDA) for years already.
Despite what you might read into the sections you cited, there is no way this new commercial right of harvest will be confined within that corridor. Reality.

Nog
Title: Re: Commercial FN Fishery Granted
Post by: wildmanyeah on April 21, 2018, 01:51:42 PM
Kenny will be all over this like he is for Listerine, Pop and Chips. No way the stolo aren't getting a commercial chinook opening. 

There is no way he is going to let a WCVI First Nations Band harvest chinook stock from the Fraser for sale and not get a peace of the action.


[567]     The plaintiffs were also unhappy at having to abide by the restriction put on in August to protect interior Fraser coho -- that is, a five-mile corridor established from the surfline to let this stock pass. Recreational fishermen are allowed to fish in that corridor, which the plaintiffs object to. The plaintiffs are allowed to fish there with their mosquito fleet, but not with their trollers.

OH CAN I HAVE SOME MORE PIE PLEASE

[1142]  Canada put the LTO into context within some of the factors relevant to the Sparrow/Gladstone justification analysis: there are 71 aboriginal groups in British Columbia with a treaty or a treaty claim, and 73 groups with a claim to fish. There are 20 aboriginal groups on the WCVI with communal licences, and 480 such groups in the Pacific Region; there are 76 aboriginal groups on the BC coastline; there are 141 groups with access to Fraser River sockeye. Aboriginal groups hold 41% of the commercial salmon fishery licences, so further mitigation would have to come from non-aboriginal participants. Despite the many interests affected by this fishery, so far the consultation process has been bilateral only.
Title: Re: Commercial FN Fishery Granted
Post by: Dave on April 21, 2018, 02:05:37 PM
Kenny will be all over this like he is for Listerine, Pop and Chips. No way the stolo aren't getting a commercial chinook opening. 

There is no way he is going to let a WCVI First Nations Band harvest chinook stock from the Fraser for sale and not get a peace of the action.
I'm not sure he, personally, could handle any more early run chinooks (hint), but the rest of the summer sockeye fishers will start a bit earlier for sure. 
This ruling is very bad news for Fraser River anglers, and I have no doubt this will spill over to tributary rivers in the near future.
Title: Re: Commercial FN Fishery Granted
Post by: stsfisher on April 21, 2018, 08:41:00 PM
Race based fishing opportunities have been given to various bands well outside of the Court Defined Area (CDA) for years already.
Despite what you might read into the sections you cited, there is no way this new commercial right of harvest will be confined within that corridor. Reality.

Nog

I won't even get into it, as I know the track record of those who are tasked to over see this judgment.
But I would suggest those that care read the entire transcript for a better understanding of this issue, and the job Canada will be faced with to come up with regulations to this new community based commercial fishery.

Hmmmm. I wonder if this is even news to the commercial giant ( Jimmy Pattison) and his fleet? I bet they won't even be fazed,continuing to take their allocated share on the backs of those who sold their licenses years ago.
Title: Re: Commercial FN Fishery Granted
Post by: Hike_and_fish on April 21, 2018, 09:01:17 PM
Its giving preference to one ethnic group over another the very definition of racism ? I think it is.

Just sayin
Title: Re: Commercial FN Fishery Granted
Post by: Hike_and_fish on April 21, 2018, 09:05:04 PM
Its giving preference to one ethnic group over another the very definition of racism ? I think it is.

I had to explain to a new Canadian friend of mine that his right to harvest Salmon comes second. He was astonished and asked me why our federal government practices institutionalized racism in 2018.

Just sayin
Title: Re: Commercial FN Fishery Granted
Post by: RalphH on April 22, 2018, 09:18:41 AM
There is a difference between granting a right based on racism vs based on the constitution & it's predecessor agreements.

The race based fishery argument has gone through the system and tossed out. Its's a bankrupt argument.

The FN right to access fisheries be it for FCS reasons or for commercial purposes is part of the agreement that formed Canada and BC. The denial of that access was a relic of racism and colonialism from the 19th century displacement of FN people from their land and rights.
Title: Re: Commercial FN Fishery Granted
Post by: dobrolub on April 22, 2018, 09:27:55 AM
What defines FNs? Not race? If I share believes and customs of the FNs and I too need fish for FCS reasons can I fish?

The argument that this isn't race based is flawed.
Title: Re: Commercial FN Fishery Granted
Post by: wildmanyeah on April 22, 2018, 09:48:47 AM

The FN right to access fisheries be it for FCS reasons or for commercial purposes is part of the agreement that formed Canada and BC. The denial of that access was a relic of racism and colonialism from the 19th century displacement of FN people from their land and rights.

and yet your house lies on FN claimed territory, probably by multiple FN groups. In most of British Columbia Aboriginal title has never been transferred to the Crown. Many native groups, both those that have never signed treaties or those that are dissatisfied with the execution of treaties have made formal Aboriginal land claims against the government.

Government is using Fish as currency in Reconciliation rather then your house and land.

one  reasons canada refused to sign UNDRIP

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the General Assembly on Thursday, 13 September 2007, by a majority of 144 states in favour, 4 votes against (Australia, Canada, New Zealand and the United States)
Title: Re: Commercial FN Fishery Granted
Post by: wildmanyeah on April 22, 2018, 10:11:31 AM

I know lots of Native people and non Native people who totally understand how this is all wrong, and that things are totally unequal right now. Both sides of this argument benifit in certain ways and get the shaft in other ways. We're all brothers and sisters and until the law reflects that this will continue in some way shape or form. Is there a way to respect the Native peoples rights/history, and at the same time respect equality and recognize the new age that we live in? It's far beyond my comprehension. Nothing good comes from make belief lines on paper that dictate certain people own this and that.

100% agree it's impossible to go back and right all the so called wrong previous governments or people people may have done. I don't see the government transferring commercial fishing license back to the japanese communities.  Where is their reconciliation??  http://www.cbc.ca/news/canada/briti...ed-b-c-s-japanese-fishing-community-1.4041358
Title: Re: Commercial FN Fishery Granted
Post by: RalphH on April 22, 2018, 10:11:47 AM
lots of self serving rationalization of outright racism.

My house? How do you know there is a claim on my house? If they do so what. It won't change my opinion.
FN claims don't extend to Fee simple title. Under Fee simple the ultimate owner is the government...not me.
Title: Re: Commercial FN Fishery Granted
Post by: dobrolub on April 22, 2018, 10:26:29 AM
Under Fee simple the ultimate owner is the government...not me.
Yeah, that's a fair observation. RIP democracy.
Title: Re: Commercial FN Fishery Granted
Post by: IronNoggin on April 22, 2018, 11:55:16 AM
I won't even get into it, as I know the track record of those who are tasked to over see this judgment.

And I WELL know and understand their track record in terms of fallout & actions on the water.   ::)

You do understand the term "Precedence" don't you?
And you do understand the door is now wide open for every single coastal & near coastal band to follow suit as a consequence don't you?

I will however agree with you that everyone should have a good read of the Decision to better understand just what this means to ALL marine fisheries in BC. In terms of coming up with "new regulations" the Minister is about to tie everyone's hands who ever might be involved with doing so down the road - by insuring these commercial fisheries come before ANY OTHER SECTOR.

http://www.courts.gov.bc.ca/jdb-txt/sc/18/06/2018BCSC0633.htm

By the way, Jimmy P did not end up with the "retired" troll licenses as you suggest.
The department simply gave them to FN organizations as they were stolen at Fire Sale prices.
Nice attempt at diversion though...

Nog
Title: Re: Commercial FN Fishery Granted
Post by: Steelhawk on April 22, 2018, 04:17:13 PM
If this trend continues that FN takes over rights over even tributaries of the Fraser such as the Vedder or even the Stamp on the island, then that will mean the end of recreational fishery as we know it. Can you imagine nets stretching across the lower Canal the whole season? Gosh! For us oldies we will just retire from fishing but there will be a lot of people serving the recreational fishery out of a job and that will apply to tackle shops, guides, even tackle manufacturers. Not pretty!!! Hopefully FN will sell their catches cheap. Lol.
Title: Re: Commercial FN Fishery Granted
Post by: Blood_Orange on April 22, 2018, 04:55:57 PM
Its giving preference to one ethnic group over another the very definition of racism ? I think it is.

I like how you define racism in one sentence and then agree with yourself to prove your point ::) Here, I Googled a more comprehensive definition for you:

(https://preview.ibb.co/mPayEH/Screen_Shot_2018_04_22_at_4_46_12_PM.png) (https://ibb.co/krzQuH)
Title: Re: Commercial FN Fishery Granted
Post by: stsfisher on April 22, 2018, 07:28:28 PM
And I WELL know and understand their track record in terms of fallout & actions on the water.   ::)

You do understand the term "Precedence" don't you?
And you do understand the door is now wide open for every single coastal & near coastal band to follow suit as a consequence don't you?

I will however agree with you that everyone should have a good read of the Decision to better understand just what this means to ALL marine fisheries in BC. In terms of coming up with "new regulations" the Minister is about to tie everyone's hands who ever might be involved with doing so down the road - by insuring these commercial fisheries come before ANY OTHER SECTOR.

http://www.courts.gov.bc.ca/jdb-txt/sc/18/06/2018BCSC0633.htm

By the way, Jimmy P did not end up with the "retired" troll licenses as you suggest.
The department simply gave them to FN organizations as they were stolen at Fire Sale prices.
Nice attempt at diversion though...

Nog

Nog, you have lost your mind trying to argue with me over something I was actually agreeing with you on. I know the government will do a horrible job at managing this new claim, just as they heave with every other fishery related decision in the last 20 years.
You holding a grudge that tight that you can't seem to see that?
Whatever.

No diversions Nog.

Title: Re: Commercial FN Fishery Granted
Post by: big_fish on April 22, 2018, 07:37:58 PM
Nog, you have lost your mind trying to argue with me over something I was actually agreeing with you on.

lol...
Title: Re: Commercial FN Fishery Granted
Post by: RalphH on April 23, 2018, 06:44:04 AM
Yeah, that's a fair observation. RIP democracy.

surprises me how how 'unknowing' many people are...

racism -if you look at a situation such as this and all you can see is race without consideration of history or law or the process, then that is racism - that's essence of racism as far as I am concerned.
Title: Re: Commercial FN Fishery Granted
Post by: dobrolub on April 23, 2018, 08:07:56 AM
Regardless of the history and the process I can see that reconciliation will not be achieved if we keep instilling guilt in one part of population and a sense of entitlement in another, all based on race.

I am sorry you don't see that this reconciliation will in fact work to achieve the opposite effect, and for many year to come the society will remain divided, differences will get deeper and remain unsolved.

Sorry, but that's what it will be. Is that the future you want for your children?
Title: Re: Commercial FN Fishery Granted
Post by: purple monster on April 23, 2018, 09:01:33 AM
I come from a small peninsula in Canada where the salmon fishing rivers were close to the local and totally restricted to paying American customers.  Where one local was even shot in the back for attempting to fish these rivers. 

I cannot remember in what year exactly, in mid-eighties, these rivers were returned to locals for their own uses, and no longer restricted to paying customers.
Sadly, it took only a few years for all the wild Atlantic salmon to severely be reduce in great numbers.

The fishes are not racist, they will bite on who's ever lure and be strangled in anyone nets.

A sad memory.
Title: Re: Commercial FN Fishery Granted
Post by: Hike_and_fish on April 23, 2018, 10:46:43 AM
surprises me how how 'unknowing' many people are...

racism -if you look at a situation such as this and all you can see is race without consideration of history or law or the process, then that is racism - that's essence of racism as far as I am concerned.

There really should not be any confusion as to what the true definition is. I started the exact definition in my first post. There's no twisting anything around. The problem is our society labels humans and categorizes us into sepperate "Race" groups. Ok fine. If that's the way it's going to be, fine. The federal government in this country gives favors to one race over another. It's that simple. They have done many other race groups wrong but all they get is an apology? I would think in a few hundred years everyone who is non native would receive an apology as well ?

Over 50 billion dollars a year is spent on native affairs in the country. Money doesnt fix anything and neither does victim mentality.
Title: Re: Commercial FN Fishery Granted
Post by: IronNoggin on April 23, 2018, 10:59:50 AM
Nog, you have lost your mind trying to argue with me over something I was actually agreeing with you on. I know the government will do a horrible job at managing this new claim, just as they heave with every other fishery related decision in the last 20 years.

Apologies.
Yes, I am completely wound up over this one, and yes I am likely not seeing to straight as a consequence.
Happens sometimes when one's livelihood is suddenly and without warning yanked out from underneath of them.
Did not mean to come across as harsh as I did.

I'll withdraw from any further comment at this point & hope there are no hard feelings...

Matt
Title: Re: Commercial FN Fishery Granted
Post by: RalphH on April 23, 2018, 02:10:56 PM
There really should not be any confusion as to what the true definition is. I started the exact definition in my first post. There's no twisting anything around. The problem is our society labels humans and categorizes us into sepperate "Race" groups. Ok fine. If that's the way it's going to be, fine. The federal government in this country gives favors to one race over another. It's that simple. They have done many other race groups wrong but all they get is an apology? I would think in a few hundred years everyone who is non native would receive an apology as well ?

Over 50 billion dollars a year is spent on native affairs in the country. Money doesnt fix anything and neither does victim mentality.

No it is not that simple. If one can't see beyond the race issue - then what does that make that person? All aspects have to be considered.

If a person steals an item - how long do they have to have it in their possession before it belongs to them?

Never.

Pretty simple.

You are also wrong about something - the Nuu Chah Nulth are not a race, not by themselves anyway. They are a linguistic and cultural group. Neither are all the FNs in BC a race.

Charges of 'racism' are all wet.

If the Federal government is favouring the FN people in this case then why did they go to court as opposed to simply giving the Nuu Chah Nulth what they wanted?

Other racial groups have also been given compensation for past wrongs done by the Federal Government - Japanese Canadians interned during the war were each given $21,000 in compensation in 1988. Other government funds were spent on establishing foundations and other organization
Title: Re: Commercial FN Fishery Granted
Post by: wildmanyeah on April 23, 2018, 03:19:54 PM
There is not enough wild salmon left to support all the First Nations groups in BC financially.

At some point the government is going to have to deal with that.

Perhaps we should pay FN for sports fishing since it was also a historical practice like commercial trade of salmon.

Here is some passage from an old fly fishing book in BC

“The only way to fish the river properly is to get a good
Indian at Alert Bay and let him take you up in a canoe.”

“There are Indians on the Sardis Reserve who would act as guides and furnish horses”

“This creek, which is of fair size, runs for about ten miles
from Cheehalis Lake into Harrison River. It can be reached
by taking an Indian with a canoe and going several miles up
the Harrison or by going down the Harrison from the Harrison
Lake Hotel (mentioned later on) by launch or boat.”

“To get to Stewart Lake you get off at Vanderhoof on the
G. T. P. and take the stage to Fort St. James. This place is
situated on the lake at the exit of the Stewart River. There
are stores, and accommodation is to be had, and Indians and
canoes and boats can be hired at quite reasonable rates.”
Title: Re: Commercial FN Fishery Granted
Post by: Sir Snag-A-Lot on April 23, 2018, 09:15:16 PM
It is horrible that the trade of commercial fishing appears to be coming to an end for the general British Columbian population. I feel horrible for anyone affected by this. Many commercial fishers have huge investments in their boats and other equipment, which when coupled with minimal quotas, will cripple many well intentioned tax payers.

The simple fact is however that our fish stocks are in a rapid decline from which it’s very unlikely they are going to recover. We don’t need to make a list of all of the factors that threaten salmon populations as they have all been discussed endlessly, and very little seems to change. We cannot deny that non-indigenous commercial fisheries over the past 100+ years though have a huge role to play in this decline. 

This is not the forum to discuss the historical wrongs done to indigenous Canadians either, but we know that they are many. From the Indian Act (which is still Canadian law, albeit somewhat less racist than the original document), to residential schools, to disenfranchisement, to the Sixties Scoop, etc., the history of our nation right up to modern day has been one of systematic racism towards indigenous groups. There are many living indigenous people in Canada who suffered these traumas directly, and many more who are still suffering due to their inter-generational effects. This leads to low education rates, high unemployment, high levels of criminality, addiction, etc. when compared to the general Canadian population.

Part of reconciliation is trying to right some of these wrongs to allow indigenous Canadians to break free from these negative cycles. Commercial fishing may be an opportunity for this. Given the traditional connections to fisheries shared by most BC nations, and the lack of formal education needed to fish commercially, this move may allow many indigenous British Columbians to improve their lives and the lives of future generations. This is reconciliation.

It is horrible that general commercial and recreational fishers (including myself) get bumped down the line and will suffer the consequences, but to not do this would be to continue the legacy of colonial racism.

Although there are bad apples in every group that affect the whole group’s reputation, traditional BC First Nations fishing practices are very conservation-minded. Connectedness with nature, reverence for salmon and multi-generational thinking are common in First Nations spirituality. I hope that with being given a larger piece of this resource salmon will have a better chance of surviving into the future.   
Title: Re: Commercial FN Fishery Granted
Post by: bigblockfox on April 24, 2018, 08:37:51 AM
Well written post and a good perspective to think about. Thanks Sir. I have the same hope.. need a like button :P

X2
Title: Re: Commercial FN Fishery Granted
Post by: clarki on April 24, 2018, 08:47:29 AM
Nog, I am sorry for how this decision will affect your livelihood. That must be a scary place to in.

Sir Snag-A-Lot, you don't post-a-lot but you articulated a balanced perspective a hundred times better than I could. Thanks. 
Title: Re: Commercial FN Fishery Granted
Post by: wildmanyeah on April 24, 2018, 10:18:36 AM
It’s 2018… Will the Salmon Allocation Policy Change?

https://islandfishermanmagazine.com/its-2018-will-the-salmon-allocation-policy-change/

The entire court ruling runs to 401 pages, but the key part for the recreational fishery relates to the decision by the court that the aboriginal commercial right to fish has priority over other sectors, with paragraph 925 concluding “To accord priority to the recreational fishery over the plaintiffs’ aboriginal commercial fishery is not justified.”
Title: Re: Commercial FN Fishery Granted
Post by: RalphH on April 24, 2018, 11:44:43 AM
Folks not all our fisheries are in 'disaster mode'. While most salmon stocks have problems that range to severe, other fisheries like halibut and spot prawns are healthy and well managed. I'd bet most anglers won't notice much difference to their access to various fisheries. The ruling stated most of the FN commercial activity will be artisanal in nature which means focused and small in scope. From what I read the ruling sees something similar to what has been in place on the East coast for many years where the focus is for FN people to supplement their income and not even make a livelihood from  their commercial activity. It probably won't impact the regular commercial fishery much. Beware of chicken little is all I can say!
Title: Re: Commercial FN Fishery Granted
Post by: CohoJake on April 24, 2018, 07:07:54 PM
Wow, can I just say how refreshing it is that everyone can have such a reasoned and civil discussion of these topics?  As an American, it honestly makes me more than a little jealous.  Both this thread and the discussion of gun legislation have been other-worldly.  Thank you all.
Title: Re: Commercial FN Fishery Granted
Post by: wildmanyeah on April 24, 2018, 07:54:06 PM
http://frafs.ca/sites/default/files2/2018March12_FRAFS%20Letter%20to%20DFO%20February%2027-March%201%202018%20FORUM.pdf

Have a read and come back and tell me with a straight face, That the recent decision won't have an impact.
Title: Re: Commercial FN Fishery Granted
Post by: wildmanyeah on April 24, 2018, 09:49:21 PM
Wow thewildman and Bob Hooton are sharing the same brainwaves these days

http://steelheadvoices.com/?p=941

Title: Re: Commercial FN Fishery Granted
Post by: clarki on April 24, 2018, 10:29:04 PM
As an American, it honestly makes me more than a little jealous.  Both this thread and the discussion of gun legislation have been other-worldly.  Thank you all.

That makes two of us. As I follow the political machinations of our neighbour to the south, “other worldly” is a phrase I would use too!
Title: Re: Commercial FN Fishery Granted
Post by: RalphH on April 25, 2018, 07:00:18 AM
http://frafs.ca/sites/default/files2/2018March12_FRAFS%20Letter%20to%20DFO%20February%2027-March%201%202018%20FORUM.pdf

Have a read and come back and tell me with a straight face, That the recent decision won't have an impact.

what's this have to do with the Humphries decision? The report was released well before it? It been obvious for yearsthe spring and summer component of the Fraser Chinook run, IFS and other Fraser stocks are in a shee load of trouble.

As usual contemporary anglers worry about their slice of the pie - not conservation and disguise it by shrieking that the sky is falling.
Title: Re: Commercial FN Fishery Granted
Post by: wildmanyeah on April 25, 2018, 10:44:23 AM

As usual contemporary anglers worry about their slice of the pie - not conservation and disguise it by shrieking that the sky is falling.

This is a generational issue, Me and my FN friend stand on bank fishing, him with his net, me with my rod. On the other side of the river stands my Dad and His Elder, Screaming at us to stop fishing and conserve stocks.

I turn to my FN friend and say I'll stop fishing when you stop fishing, He turns to me and says I'll stop fishing when you stop playing with my food and me and my FN friend keep fishing.

I simply can't see the world as you do Ralph, I don't have the wisdom of age or experience. Like my Young FN friend all we see is our opportunities shrinking and are just left with stories from our elders of legendary fishing that once existed that no longer does. 
Title: Re: Commercial FN Fishery Granted
Post by: TNAngler on April 26, 2018, 09:35:00 AM
How long do they get that for? Forever? The Earth kind of belongs to everyone.. and there are so many people and so much migration/mixing that it seems a bit weird to have certain cultures have first dibs because they were there first.. It does seem a bit like an old way of thinking and just keeps the people divided by race? From reading that link it seems that they come second at the moment.. which definitely isn't fair to FN, and isn't equality. :s What a complex issue...........

Yes, forever, which is one of huge problems with the situation.  There is never a plan or working toward anything else.  This is the way it is and this is the way it will always be.  Unfortunately you didn't get a treaty from the gov't because what should happen is the FN get 50% of the fish, since your ancestors came earlier than newer migrants, you should get 50% of the remaining 50%.  Those that migrated in the last 10 years should get 50% of the remaining 25%.  Heck, lets just split it by what century your ancestors arrived.  Every time you go fishing you better bring your family tree showing when your people showed up.

The treaty was a poor treaty to try and make them feel like they weren't losing everything and wasn't thought through as well as we would have wished.  I wish there was an effort to revamp these treaties to work toward a forever solution that doesn't separate people forever but I don't see it happening.
Title: Re: Commercial FN Fishery Granted
Post by: TNAngler on April 26, 2018, 09:38:39 AM
That being said, this was the case in WA when I was in school (at least to the best of my knowledge) where the fisheries were split into 4 parts, Native rec, Native commercial, non-Native rec and non-Native commercial.  I believe the Rec and commercial split salt versus fresh water.  Natives got to go first and get their quota first, whatever that quota was.  If there were fish left over, the non-natives would go.  It works when there are plenty of fish to go around but if there are not, it really can cost a lot of livelihoods.  I think if this was put in place decades ago when there were plenty of fish, it wouldn't be that big of a deal.  Today though, this is really going to hurt a lot of people.
Title: Re: Commercial FN Fishery Granted
Post by: TNAngler on April 26, 2018, 09:47:55 AM
The other issue that I think likely hasn't been considered is in WA, natives could buy non-native commercial licenses and fish both as natives and non-natives.  When fish got scarce, the non-natives couldn't make it and sold their licenses.  The only ones that could buy them were the natives because they were the only ones that could make enough money at it and now suddenly you have the natives controlling 3 of the 4 groups.
Title: Re: Commercial FN Fishery Granted
Post by: IronNoggin on April 26, 2018, 10:45:08 AM
From , Bob Hooten’s blog:

Back on that Nuu-chch-nulth fish allocation decision again. Here is a clip from an email that arrived earlier today in response to my "Troubled Waters" blog at steelheadvoices.com The author, Dr. Ehor Orest Boyanowsky, is a well known wild fish advocate and Thompson steelhead aficionado. Forgive my bias but I think Dr. Boyanowsky's message warrants circulation beyond those on his distribution list.

"This news is as bad as it could possibly be. A tiny race based minority are now the princes of the kingdom recreating the exclusive right of people of a specific racial origin to a vast, previously common property resource as it existed with kings and their immediate relations in Scotland, England and Europe for centuries. That monarchic system, based on the families, the chieftains and lords, who originally owned those lands, was why our forefathers fled for a better life in Canada. For democracy. Good bye democracy and public sport fishing on Vancouver Island. I dread the backlash coming when the implications sink in to the consciousness of BC’s nonaboriginal population - when they stop holding their breath in hoping this will go away.

I hope the law professors and judges who created the climate that allowed this travesty turn over in their graves. That is the problem with allowing people not bright enough to realize the implications of their rulings to possess the ultimate power to determine our destiny. That is why a small group of us founded the Canadian Constitution Foundation when the Nisga’a Treaty was proposed and took it all the way to the Supreme Court of Canada prompting the NDP govt of the time to brand me a racist. Why because I wrote editorials arguing against allowing race based semi sovereign states to be created in BC. How ironic can you get? But unfortunately, we lost and ‘apres moi, le deluge.’ This ruling is not reconciliation, it is the fuel that eventually ignites into hatred."
Title: Re: Commercial FN Fishery Granted
Post by: RalphH on April 26, 2018, 01:42:12 PM
Yes, forever, which is one of huge problems with the situation.  There is never a plan or working toward anything else.  This is the way it is and this is the way it will always be.

Conceivably it's forever but the possibilities include the constitution being amended, a further court review further down the road (this would be in decades if at all), Canada breaking up or being conquered and all previous existing rights, laws and agreements being revoked for whatever replaces it. Overall nothing lasts forever and that includes the current iteration of the human species. Once we are gone, it's all gone.
Title: Re: Commercial FN Fishery Granted
Post by: firstlight on April 26, 2018, 05:02:00 PM
To heck with licences and who fishes for what.
Im just going to go fish and keep whatever i need for my family.
Hoping for a good Sockeye run this year.
Title: Re: Commercial FN Fishery Granted
Post by: Steelhawk on April 27, 2018, 12:29:52 AM
To heck with licences and who fishes for what.
Im just going to go fish and keep whatever i need for my family.
Hoping for a good Sockeye run this year.

This is probably going to happen across the province when the common joes see unfair and race based discrimination hiding behind laws enacted in favour of a special group. Why don't the average joes non-natives have a say and that a special group of judges and court system who probably don't fish and don't depend on fishing for livelihood have decided to put a nail in the coffin for their livelihood? Besides hatred, such unfair race-based ruling will only create civil disobedience as suggested by above poster.
Title: Re: Commercial FN Fishery Granted
Post by: TNAngler on May 02, 2018, 09:46:47 AM
Conceivably it's forever but the possibilities include the constitution being amended, a further court review further down the road (this would be in decades if at all), Canada breaking up or being conquered and all previous existing rights, laws and agreements being revoked for whatever replaces it. Overall nothing lasts forever and that includes the current iteration of the human species. Once we are gone, it's all gone.

Ok, granted.  Perhaps forever should be changed to most likely all of our lifetime and those of our kids and probably their kids, for as long as Canada exists or as long as there are salmon left to fish, whichever ends first barring some huge miracle.