I guess will see if they get this over turned as well. won't surprise me
"The BCCA confirmed the order on appeal, although they did exclude geoduck from the scope of the right. The Court stated it could not be suggested that the Nations had engaged in commercial harvesting and trading of geoduck before contact, because it is a “high tech fishery of very recent origin” (Ahousaht Indian Band and Nation v Canada (Attorney General), 2011 BCCA 237 at para 69, as cited at para 31). Leave to appeal to the Supreme Court of Canada was denied."