B.C. First Nations Fishing Rights - Supreme Court Ruling

[Capilano]

If anyone wishes to be educated before misguidedly (or ignorantly) shooting from the hip on FN court rulings, The BC Supreme Court Judgments page is a good start.
In the Case Name field, type in First Nation. There will be plenty of resultant links of interest.


Info on prior and new treaty fishing rights.
Treaty arrangements regarding fish in British Columbia and Yukon
Among other things, fisheries chapters in modern First Nation treaties that have been negotiated to date articulate a fishing right and describe the role for First Nations in fisheries management.

The fishing right described in the final treaty agreement is protected under section 35 of the Constitution Act, 1982. The authority for fisheries management continues to lie with the Minister of Fisheries and Oceans.

The following modern-day treaties contain fisheries provisions:

Yukon Umbrella Final Agreement (1993)
Nisga'a Final Agreement (effective May 11, 2000);
Tsawwassen First Nation Final Agreement (effective April 3, 2009);
Maa-nulth First Nations Final Agreement (effective April 1, 2011);
Yale First Nation Final Agreement (effective date to be determined); and
Tla'amin Final Agreement (effective April 5, 2016)
In addition to modern-day treaties, the following historic treaties in British Columbia also contain fisheries provisions:
Douglas Treaties (1850-1852); and Treaty 8 (1899).

Lheidli T'enneh First Nation final treaty that was just narrowly rejected by band members.

Proposed fishing rights, starts on page 103.

 

[OldBlackDog]

FISH-NL says inshore harvesters and aboriginals should have to abide by same fishing regulations

FOR IMMEDIATE RELEASE Tuesday, June 26th, 2018

The Federation of Independent Sea Harvesters of Newfoundland and Labrador (FISH-NL) says two sets of commercial fishing rules for aboriginal versus non-aboriginal harvesters are creating an unfair playing field on the northwest Atlantic.

“Aboriginal harvesters do not have to follow the same regulations as other commercial harvesters when they’re fishing the same fish, side by side at the same time ,” says Ryan Cleary, President of FISH-NL. “That’s not only unfair, but it creates a competitive advantage for aboriginal harvesters and breeds division.”

The 2018 fixed-gear greenland halibut (turbot) fishery off eastern Newfoundland and Labrador is set to open on various dates in July.

This year, 60 groundfish licence holders submitted expressions of interest to take part in the turbot fishery that had not participated last year — including seven licences held by aboriginal groups purchased from inshore harvesters (no new licences were issued/created).

A DFO spokesman in St. John’s says commercial licences issued to Indigenous groups are done so under the Aboriginal Communal Fisheries Licence Regulations, and are not necessarily subject to commercial fisheries licensing policy.

“The time periods around vessel registration rules do not apply,” the spokesman said.

For example, while an aboriginal licence holder can enter into a short-term arrangement to lease a fishing vessel (as short term as one day), all other licence holders in this province are subject to the so-called “12-month rule” whereby a vessel registered in a harvester’s name stays tied to that harvester for a year.

The 12-month rule also doesn’t apply to harvesters in the Maritimes, where fishing boats can be leased for 30 days.

“I have no problem whatsoever with aboriginals playing a part in the commercial fishery as long as they have to abide by the same rules,” says Richard Gillett, Vice-President of FISH-NL and an inshore harvester from Twillingate.

“Fair is fair no matter if it’s aboriginal groups or foreign fleets or Newfoundland and Labrador harvesters,” Gillett added. “For me, these different rules reaffirm that DFO is out to push the traditional inshore harvester out of the fishery.”

The Trudeau government recently amended the federal Fisheries Act to acknowledge the rights of Indigenous peoples, but failed to include the principle of adjacency, which would have recognized rural communities with an historical attachment to the fishery.

Contact Ryan Cleary 682 4862

 

[wildmanyeah]

Now 3 openings since the court rulings for commercial sale. Going to end up like the fraser river RIP, Seems like they still got a lot of TAC left too

Category(s):
ABORIGINAL - General Information
COMMERCIAL - Salmon: Troll
Subject:
FN0536-Demonstration Fishery - Salmon: Troll - AABM Chinook - First Nations - Fishery Continuation and Closure of Area 25 and 26 - Effective July 1, 2018



The Ahousaht, Ehattesaht, Hesquiaht, Mowachaht/Muchalaht and Tla-o-qui-aht
First Nations' (T'aaq-wiihak Nations') AABM Chinook salmon demonstration
fishery by troll will close the following areas effective 00:01 hours on July
1, 2018:

- Portions of Area 25: Subareas 25-6, 25-7, 25-15 and that portion of Subarea
25-13 seaward of a line commencing from a point (49°50.020 N, 126°57.906 W) at
the northeast entrance of Rosa Harbour continuing to a point (49°51.577 N, 126°
59.640 W) at the western entrance of Port Eliza.

- Portion of Area 26: that portion of Subarea 26-1 southeasterly of a line
running through Grassy Island from the shoreline (49° 57.067' N, 127° 13.365'
W) to the surfline (49° 54.755' N, 127° 16.123' W) that is a parallel to the
boundary between Area 125 and 126.

The WCVI AABM Chinook Demonstration Fishery continues to be open in the
following areas, with the exception of Rockfish Conservation Areas:

- Portions of Area 24: Subareas 24-6, 24-8, 24-9 and that portion of Subarea 24-
2 seaward of a line commencing at Starling Point Light (49°23.647 N, 126°13.849
W) then heading 270 degrees true West to the opposite shoreline of Sydney Inlet
(49°23.646 N, 126°15.742 W).

- That portion of Area 124 extending seaward from the surfline to 9 nautical
miles seaward of the surfline.

- That portion of Area 125 extending seaward from the surfline to 9 nautical
miles seaward of the surfline.

- That portion of Area 126 southeasterly of a line from Grassy Island, running
parallel with the Area 125 boundary, beginning seaward from the surfline (49°
54.755' N, 127° 16.123' W) to 9 nautical miles seaward of the surfline (49°
47.840' N, 127° 25.062' W).

Excluded Rockfish Conservation Areas are:

- Those portions of Subareas 125-2 and 125-3 that lie inside a line that begins
at 49°37.900'N 127°01.111'W in water then to 49°37.900'N 126°52.600'W in water
then to 49°33.500'N 126°52.600'W in water then to the beginning point (West of
Bajo Reef - Chart 3604).

- Those portions of Subareas 24-1, 124-3, 124-4, 125-1, 125-2 and 125-5 that
lie inside of a line that begins at 49°23.526'N 126°27.818'W north of Matlahaw
Point then to 49°19.500'N 126°23.900'W
in water then to 49°17.000'N 126°31.200'W in water then to 49°22.100'N 126°
44.700'W in water then to 49°25.067'N 126°34.598'W Hesquiat Peninsula then
following the southerly shore of Hesquiat Peninsula to the beginning point
(Estevan Point - Chart 3603).

- That portion of Subarea 24-6 that lies inside a line that: begins at 49°
13.560'N 125°57.887'W in water then through Morfee Island to 49°13.300'N 125°
56.750'W Dunlap Island then following the westerly shoreline of Dunlap Island
to 49°12.941'N 125°56.373'W Dunlap Island then to 49°12.100'N 125°57.048'W
Vargas Island then westerly following the shoreline of Vargas Island to 49°
12.600'N 125°58.132'W Vargas Island then to the beginning point (Vargas Island
to Dunlap Island - Chart 3603).

The remaining Chinook TAC for this fishery is 9,283 pieces.

Species and amounts permitted for sale:
Chinook: Trip limit of 360 pieces. All Chinook retained for sale must be
greater than 55cm fork length (head on) and 44cm (head off).

Chum and Pink: By-catch of Chum and Pink may be retained for sale.

Coho: By-catch of hatchery marked Coho may be retained for sale.

Halibut: By-catch of halibut may be retained for sale. Troll vessels over 25
feet may retain for sale a daily limit of 2 pieces per vessel to a maximum of 8
pieces per trip. Mosquito vessels under 25 feet may retain for sale a daily
limit of 1 piece per vessel to a maximum of 4 pieces per trip. The lesser of
the daily limit or the trip limit will apply. All halibut retained for sale
must be greater than 81.3 cm (32 inches) head on measured in a straight line,
passing over the pectoral fin, from the tip of the lower jaw with the mouth
closed to the extreme end of the middle of the tail or head off more than 61.0
cm (24 inches), measured in a straight line from the base of the pectoral fin
at its most anterior point to the extreme end of the middle of the tail. All
halibut sold will be counted against the commercial quota holdings of the T'aaq-
wiihak Nations.

Lingcod: By-catch of lingcod may be retained for sale. Troll vessels over 25
feet may retain for sale a daily limit of 4 pieces per vessel to a maximum of
16 pieces per trip. Mosquito vessels under 25 feet may retain for sale a daily
limit of 2 pieces per vessel to a maximum of 8 pieces per trip. The lesser of
the daily limit or the trip limit will apply. All lingcod retained for sale
must be greater than 65 cm head on measured from the tip of the nose to the tip
of the tail or head off, greater than 53 cm measured along the shortest length
of the body to the tip of the tail. All lingcod sold will be counted against
the commercial quota holdings of the T'aaq-wiihak Nations.

Rockfish: A daily limit of 7 pieces per vessel to a maximum of 28 pieces per
trip may be retained for sale. The lesser of the daily limit or the trip limit
will apply. Quota will only be required for sale of the following rockfish
species: yelloweye, quillback, copper, china, and tiger rockfish. For all
other rockfish species not previously listed, quota will not be required for
sale. Retention of all rockfish will be mandatory (releases prohibited) and
catches above the sale limits will be attributed against each T'aaq-wiihak
Nation's FSC allocation.

All rockfish encountered in this fishery must be retained. Amounts of fish
retained above the sale limits described above and all other fish species not
permitted for sale and will be counted against the T'aaq-wiihak Nations' Food,
Social, and Ceremonial (FSC) allocations.

Retention of sockeye is prohibited in this fishery.

Fishing shall be permitted by trolling with barbless hook and line gear only.

All harvesters must file a start fishing report (hail out) prior to
participating in the fishery by calling or texting 250-266-0418 or emailing
hail@taaqwiihak.ca or completing the report online at www.taaq.ca.

A vessel designated to harvest fish shall be identified by a T'aaq-wiihak decal
number and by affixing a T'aaq-wiihak flag that is clearly visible, legible and
unobstructed. Designation to partake in this fishery must accompany the
participant while fishing or transporting fish harvested in this fishery.

All fish caught in this fishery are to be landed at the designated landing
sites:
Zeballos Government Dock/Mid-Island Ice;
Lions Gate Fisheries dock, Tofino;
Fourth Street Dock, Tofino; and
Ahminaquis Boat Launch, Gold River.

Transferring of catch from one vessel to another is permitted provided the
transfer does not exceed the trip limit or the vessel cap. Transferring of
catch from one vessel to anther that exceeds the trip limit or vessel cap must
receive advance permission from the vessel master's First Nation's Fishery
Manager for the transfer to be authorized.

All participants must obtain a Landing Slip, in order to sell any fish caught
under the authority of this licence. All fish sold in this fishery must be
accompanied by a Sales Slip.

All fish retained for sale will be validated by dockside observers from
Ecotrust Canada. Harvesters must permit Ecotrust Canada dockside observers
access to their catch at landing sites for the validation procedure. T'aaq-
wiihak dockside observers will be sampling Chinook (and Coho when applicable)
for coded-wire tags as required at the Tofino designated landing sites. J.O.
Thomas and Associates dockside observers will be sampling Chinook (and Coho
when applicable) for coded-wire tags as required at the Zeballos designated
landing site.

All halibut retained for sale must be tagged by an Ecotrust Canada dockside
observer prior to sale.

All fish retained for sale and for FSC will be verified by Ecotrust Canada
dockside observers. Harvesters must permit Ecotrust Canada dockside observers
access to their catch for the verification procedure.

Vessel masters will maintain a logbook and submit a completed report to the
Ecotrust Canada dockside observer at each landing. Landing slips will not be
issued by the Ecotrust Canada dockside observers without the submission of
completed logbook reports.

T'aaq-wiihak vessel masters are reminded to refer to the communal licence
authorizing this fishery for complete details. Copies of the licence are
available from the DFO Resource Manager, Amy Ganton (250-720-4468) and the
T'aaq-wiihak Fisheries Manager, Saul Milne (250-725-3899).

T'aaq-wiihak Nations' staff and/or Fishery Managers will meet with DFO on
Tuesdays for an in-season review. It is possible that a new Licence may be
issued on Wednesdays.

 

[wildmanyeah]

Hopefully the SFAB bord will have a chance to review all these demonstration fisheries that have been handed out this fall and see what the true impact is. Anyone got any of the rockfish or halibut catch numbers yet?

 

[IronNoggin]

Now 3 openings since the court rulings for commercial sale. Going to end up like the fraser river RIP, Seems like they still got a lot of TAC left too

Already they have been gifted more quota for this so-called demonstration fishery than the whole of the area's real commercial troll sector (Area G).
And of course they were handed halibut, lings and rockfish which except for a smattering of the latter, have been off our menu for decades.
Area G has not been able to fish through June and July (again for decades) due to "Conservation Concerns". Guess those somehow magically rectified themselves this year

Rather little chance that the true numbers will ever see daylight from what we personally witnessed.

Want to ensure division and hard feelings while hammering away at the resource?
Well, they found The Way...

Ticked Right Off,
Nog

 

[wildmanyeah]

This is wrong on so many levels, First they have an ENGO motoring the catch Eco Trust, They have been giving 3 openings now, also where is their catch data being posted? Also im pretty sure the court said they could not mix FSC with Commercial and from the notices it seems they are being allowed to mix the two fisheries. "accidentally" go over your rockfish quota now it counts as FSC fish

Also how many fraser river chinook are being intercepted for commercial sale? It seems to me if they get to intercept them then all the first nations on the fraser are going to want access for commercial sale.

The dumb judge has no idea how much this is going to snowball out of control, maybe they did and just don't care. We have way to many liberal judges on the bench.

are they retaining heads for CWT data??

Pissed off!

 

[halimark]

Current Gov and FN plan is working exactly as they want. This is only the beginning. This is how sport fishing (and Hunting in Canada) WILL end. **** will not happened (?????) and sporties will become extinct in my lifetime. When the FN have raped and killed the last fish from the last river only then will it be blamed on the sport fishermen. Libs, DFO and FN win, its their way. Who badmouthed Mr Harper??? Eat them words, Sunny Ways.

For those who ask for data, numbers, species caught or any details please wake up. What numbers provided are BS and really non existent, does any Canadian FN group really provide honest data for anything? No different than the 1800's just more FN people and less land, Europeans market harvested back then, nobody has learned. Soon on a Provincial level you will need to have a FN sig to buy or build a house, open a business and more. Who complained about Clark?? I do think there are a lot less LEH this year, even after she reallocated to outfitters. How's the grizz hunting?

Province and Country's in the worst state that I can ever remember and it is not over yet. Lets hope Mr Trump does not get real angry at pretty boys last volley.

HM

 

[flatsalmon]

This is not good ,Everything will be over fished now. No enhancement will go back into the fishery.I now if they're going to allocate everything to the natives I sure have no drive to help them out so now whitey will loose all interest. The government needs to quite the hand outs....Enough is Enough

 

[wildmanyeah]

Bob Hooton done some great investigative report on this

http://steelheadvoices.com/?p=1032#respond

 

[Powerset]

Well there’s 2 options, organize a court challenge on behalf of recreational fishermen, this can be a canada wide challenge, use a go fund me page to help pay legal fees. OR, engage the Conservative Party and Andrew Sheer and have him take up our cause, I believe he would.

 

[Powerset]

Maybe it is time for Ocean ranching and having the fish farms raising on Pacific salmon, no more atlantics. I know this was never a serious alternative to conservation but we’re beyond that now. Where’s the opposition on this? Andrew Scheer where are you? BC recreational anglers need your help here.

 

[Powerset]

I guess we have to start funding massive sea pens and fin clipping programs and call them "our fish".

we’re already doing that in several areas but dfo doesn’t like the pen programs and don’t like salmon hatcheries much better. Raising tax payer salmon has been going on for 50 years, and yet, they aren’t our salmon. That may be part of OUR challeyin court. Gene testing would probably indicate that wild salmon are basically gone and what we’re fishing for are by in large, man made salmon. We paid for them, we should be allowed access to the stocks

 

[terrin]

Well there’s 2 options, organize a court challenge on behalf of recreational fishermen, this can be a canada wide challenge, use a go fund me page to help pay legal fees. OR, engage the Conservative Party and Andrew Sheer and have him take up our cause, I believe he would.

Who is Andrew Sheer?

 

[Powerset]

how much of this is pipeline politics? If BC relents and agrees to the Trans Mtn Pipeline do we buy time or at least a seat at the table ? Why when everyone in here is screaming about our fishery is our bc government conspicuously silent? Where’s our provincial advocate if it’s not our Premier

 

[agentaqua]

Who is Andrew Sheer?

So far - another nobody wanna be politician who promises lots to those whom want to believe in a hero to lead them out of the promised land. Doesn't matter which party you wish to believe in - we shouldn't have parties - they are undemocratic IMHO.

 

[wildmanyeah]

Wow another opening this is what the 4th demonstration fishery now? and adding gill nets??? More licensing being issued!! no ecotrust dockside observers this time too?? wow looks like its being self monitored this time too. DISGUSTING these stocks are doomed. Sale fish and FSC together??? I thought the judge said they were suppose to be separate from FSC fisheries WOW just WOW

"All fish retained for sale and for FSC will be verified by T'aaq-wiihak
dockside monitors"

Fishery Notice
Category(s):
ABORIGINAL - General Information
COMMERCIAL - Salmon: Gill Net
COMMERCIAL - Salmon: Troll
Subject:
FN0585-ABORIGINAL - Salmon - Gill Net and Troll - ISBM Chinook - Demonstration Fishery - Opening July 12, 2018



The Ahousaht, Ehattesaht, Hesquiaht, Mowachaht/Muchalaht and Tla-o-qui-aht
First Nations' (T'aaq-wiihak Nations') ISBM Chinook salmon demonstration
fishery by troll and gill net will open July 12, 2018 at 00:01 hours until
further notice.

The following areas are open:

A portion of Subarea 25-4: northwesterly of a line beginning at a boundary sign
on Bligh Island near 49°39.732'N and 126°28.815'W then drawn northeasterly
across the channel to a boundary sign on the opposite shore near 49°40.181'N
and 126°28.166'W (Hanna Channel/Zuciarte Channel closure); and southwest of a
line drawn from 49° 43.903' N and 126°29.639' W southwesterly across the inlet
to a point located at 49°43.680' N and 126°30.322'W (Hisnit Inlet closure).

A portion of Subarea 25-5: at the head of Tlupana Inlet southerly of a line
beginning near a point located at 49°46.768' N and 126°28.827' W then drawn
easterly to the opposite shore to a point located at 49°46.679' N and 126°
27.351' W (Head Bay/Moutcha Bay closure); and westerly of a line in Nesook Bay
beginning at a point located at 49°46.209' N and 126°24.997' W then drawn
southerly to the opposite shore to a point located at 49°45.590' N and 126°
25.009' W (Nesook Bay closure).

Subarea 25-6

Subarea 25-7

A portion of Subarea 25-8 southeast of a line commencing from the northern most
tip of Strange Island due east to a boundary sign on the opposite shore of
Tahsis Inlet.

The available Chinook catch for this opening is 1,654 pieces until an in-season
reforecast is available in early August.

Species and amounts permitted for sale:
Chinook: All Chinook retained for sale must be greater than 55 cm fork length
(head on) and 44 cm (head off).

Chum and Pink: By-catch of Chum and Pink may be retained for sale.

Coho: By-catch of hatchery marked Coho may be retained for sale.

Halibut: By-catch of halibut may be retained for sale, with a daily limit of 1
piece per vessel to a maximum of 4 pieces per trip. The lesser of the daily
limit or the trip limit will apply. All halibut retained for sale must be
greater than 81.3 cm (32 inches) head on measured in a straight line, passing
over the pectoral fin, from the tip of the lower jaw with the mouth closed to
the extreme end of the middle of the tail or head off more than 61.0 cm (24
inches), measured in a straight line from the base of the pectoral fin at its
most anterior point to the extreme end of the middle of the tail. All halibut
sold will be counted against the commercial quota holdings of the T'aaq-wiihak
Nations.

Lingcod: By-catch of lingcod may be retained for sale, with a daily limit of 2
pieces per vessel to a maximum of 8 pieces per trip. The lesser of the daily
limit or the trip limit will apply. All lingcod retained for sale must be
greater than 65 cm head on measured from the tip of the nose to the tip of the
tail or head off, greater than 53 cm measured along the shortest length of the
body to the tip of the tail. All lingcod sold will be counted against the
commercial quota holdings of the T'aaq-wiihak Nations.

Rockfish: By-catch of rockfish may be retained for sale, with a daily limit of
7 pieces per vessel to a maximum of 28 pieces per trip. The lesser of the daily
limit or the trip limit will apply. Quota will only be required for sale of the
following rockfish species: yelloweye, quillback, copper, china, and tiger
rockfish. For all other rockfish species not previously listed, quota will not
be required for sale. Retention of all rockfish will be mandatory (releases
prohibited) and catches above the sale limits will be attributed against each
T'aaq-wiihak Nation's FSC allocation.

All rockfish encountered in this fishery must be retained. Amounts of fish
retained above the sale limits described above and all other fish species not
permitted for sale and will be counted against the T'aaq-wiihak Nations' Food,
Social, and Ceremonial (FSC) allocations.

Fishing shall be permitted by trolling with barbless hook and line and gill
nets. Gill nets shall be a maximum of 50 fathoms long and 60 meshes deep and
must be retrieved without the aid of any mechanical or hydraulic device. Gill
nets must be attended at all times; a vessel cannot be further than 50 meters
from the deployed gill net at any time. The end of the gill net that is not
attached to a vessel shall be marked with a lantern that gives a steady white
light during the period beginning one hour after sunset and ending one hour
before sunrise.

All vessel masters must file a start fishing report (hail out) prior to
participating in the fishery by calling or texting 250-266-0418 or emailing
hail@taaqwiihak.ca or completing the report online at www.taaq.ca.

A vessel designated to harvest fish shall be identified by a T'aaq-wiihak decal
number and by affixing a T'aaq-wiihak flag that is clearly visible, legible and
unobstructed. Designation to partake in this fishery must accompany the
participant while fishing or transporting fish harvested in this fishery.

All fish caught in this fishery are to be landed at the designated landing
sites:
Ahminaquis Boat Launch, Gold River, and Yuquot (Friendly Cove)

Transferring of catch from one vessel to another is permitted provided the
transfer does not exceed the trip limit or the vessel cap. Transferring of
catch from one vessel to anther that exceeds the trip limit or vessel cap must
receive advance permission from the vessel master's First Nation's Fishery
Manager for the transfer to be authorized.

All participants must obtain a Landing Slip, in order to sell any fish caught
under the authority of this licence. All fish sold in this fishery must be
accompanied by a Sales Slip.

All fish retained for sale and for FSC will be verified by T'aaq-wiihak
dockside monitors. Harvesters must permit T'aaq-wiihak dockside monitors access
to their catch for the verification procedure. T'aaq-wiihak dockside monitoris
or J.O. Thomas and Associates dockside monitors monitors may also be sampling
Chinook (and Coho when applicable) for coded-wire tags.

All halibut retained for sale must be tagged by a T'aaq-wiihak dockside monitor
prior to sale.

Vessel Masters will maintain a logbook and submit a completed report to the
T'aaq-wiihak dockside monitor at each landing. Landing slips will not be issued
by the T'aaq-wiihak dockside monitor without the submission of completed
logbook reports.

T'aaq-wiihak vessel masters are reminded to refer to the communal licence
authorizing this fishery for complete details. Copies of the licence are
available from the DFO Resource Manager, Amy Ganton (250-720-4468) and the
T'aaq-wiihak Fisheries Manager, Saul Milne (250-725-3899).

T'aaq-wiihak Nations' staff and/or Fishery Managers will meet with DFO on
Tuesdays for an in-season review. It is possible that a new Licence may be
issued on Wednesdays.

 

[GLG]

Wow another opening this is what the 4th demonstration fishery now? and adding gill nets??? More licensing being issued!! no ecotrust dockside observers this time too?? wow looks like its being self monitored this time too. DISGUSTING these stocks are doomed. Sale fish and FSC together??? I thought the judge said they were suppose to be separate from FSC fisheries WOW just WOW

"All fish retained for sale and for FSC will be verified by T'aaq-wiihak
dockside monitors"

Fishery Notice
Category(s):
ABORIGINAL - General Information
COMMERCIAL - Salmon: Gill Net
COMMERCIAL - Salmon: Troll
Subject:
FN0585-ABORIGINAL - Salmon - Gill Net and Troll - ISBM Chinook - Demonstration Fishery - Opening July 12, 2018



The Ahousaht, Ehattesaht, Hesquiaht, Mowachaht/Muchalaht and Tla-o-qui-aht
First Nations' (T'aaq-wiihak Nations') ISBM Chinook salmon demonstration
fishery by troll and gill net will open July 12, 2018 at 00:01 hours until
further notice.

The following areas are open:

A portion of Subarea 25-4: northwesterly of a line beginning at a boundary sign
on Bligh Island near 49°39.732'N and 126°28.815'W then drawn northeasterly
across the channel to a boundary sign on the opposite shore near 49°40.181'N
and 126°28.166'W (Hanna Channel/Zuciarte Channel closure); and southwest of a
line drawn from 49° 43.903' N and 126°29.639' W southwesterly across the inlet
to a point located at 49°43.680' N and 126°30.322'W (Hisnit Inlet closure).

A portion of Subarea 25-5: at the head of Tlupana Inlet southerly of a line
beginning near a point located at 49°46.768' N and 126°28.827' W then drawn
easterly to the opposite shore to a point located at 49°46.679' N and 126°
27.351' W (Head Bay/Moutcha Bay closure); and westerly of a line in Nesook Bay
beginning at a point located at 49°46.209' N and 126°24.997' W then drawn
southerly to the opposite shore to a point located at 49°45.590' N and 126°
25.009' W (Nesook Bay closure).

Subarea 25-6

Subarea 25-7

A portion of Subarea 25-8 southeast of a line commencing from the northern most
tip of Strange Island due east to a boundary sign on the opposite shore of
Tahsis Inlet.

The available Chinook catch for this opening is 1,654 pieces until an in-season
reforecast is available in early August.

Species and amounts permitted for sale:
Chinook: All Chinook retained for sale must be greater than 55 cm fork length
(head on) and 44 cm (head off).

Chum and Pink: By-catch of Chum and Pink may be retained for sale.

Coho: By-catch of hatchery marked Coho may be retained for sale.

Halibut: By-catch of halibut may be retained for sale, with a daily limit of 1
piece per vessel to a maximum of 4 pieces per trip. The lesser of the daily
limit or the trip limit will apply. All halibut retained for sale must be
greater than 81.3 cm (32 inches) head on measured in a straight line, passing
over the pectoral fin, from the tip of the lower jaw with the mouth closed to
the extreme end of the middle of the tail or head off more than 61.0 cm (24
inches), measured in a straight line from the base of the pectoral fin at its
most anterior point to the extreme end of the middle of the tail. All halibut
sold will be counted against the commercial quota holdings of the T'aaq-wiihak
Nations.

Lingcod: By-catch of lingcod may be retained for sale, with a daily limit of 2
pieces per vessel to a maximum of 8 pieces per trip. The lesser of the daily
limit or the trip limit will apply. All lingcod retained for sale must be
greater than 65 cm head on measured from the tip of the nose to the tip of the
tail or head off, greater than 53 cm measured along the shortest length of the
body to the tip of the tail. All lingcod sold will be counted against the
commercial quota holdings of the T'aaq-wiihak Nations.

Rockfish: By-catch of rockfish may be retained for sale, with a daily limit of
7 pieces per vessel to a maximum of 28 pieces per trip. The lesser of the daily
limit or the trip limit will apply. Quota will only be required for sale of the
following rockfish species: yelloweye, quillback, copper, china, and tiger
rockfish. For all other rockfish species not previously listed, quota will not
be required for sale. Retention of all rockfish will be mandatory (releases
prohibited) and catches above the sale limits will be attributed against each
T'aaq-wiihak Nation's FSC allocation.

All rockfish encountered in this fishery must be retained. Amounts of fish
retained above the sale limits described above and all other fish species not
permitted for sale and will be counted against the T'aaq-wiihak Nations' Food,
Social, and Ceremonial (FSC) allocations.

Fishing shall be permitted by trolling with barbless hook and line and gill
nets. Gill nets shall be a maximum of 50 fathoms long and 60 meshes deep and
must be retrieved without the aid of any mechanical or hydraulic device. Gill
nets must be attended at all times; a vessel cannot be further than 50 meters
from the deployed gill net at any time. The end of the gill net that is not
attached to a vessel shall be marked with a lantern that gives a steady white
light during the period beginning one hour after sunset and ending one hour
before sunrise.

All vessel masters must file a start fishing report (hail out) prior to
participating in the fishery by calling or texting 250-266-0418 or emailing
hail@taaqwiihak.ca or completing the report online at www.taaq.ca.

A vessel designated to harvest fish shall be identified by a T'aaq-wiihak decal
number and by affixing a T'aaq-wiihak flag that is clearly visible, legible and
unobstructed. Designation to partake in this fishery must accompany the
participant while fishing or transporting fish harvested in this fishery.

All fish caught in this fishery are to be landed at the designated landing
sites:
Ahminaquis Boat Launch, Gold River, and Yuquot (Friendly Cove)

Transferring of catch from one vessel to another is permitted provided the
transfer does not exceed the trip limit or the vessel cap. Transferring of
catch from one vessel to anther that exceeds the trip limit or vessel cap must
receive advance permission from the vessel master's First Nation's Fishery
Manager for the transfer to be authorized.

All participants must obtain a Landing Slip, in order to sell any fish caught
under the authority of this licence. All fish sold in this fishery must be
accompanied by a Sales Slip.

All fish retained for sale and for FSC will be verified by T'aaq-wiihak
dockside monitors. Harvesters must permit T'aaq-wiihak dockside monitors access
to their catch for the verification procedure. T'aaq-wiihak dockside monitoris
or J.O. Thomas and Associates dockside monitors monitors may also be sampling
Chinook (and Coho when applicable) for coded-wire tags.

All halibut retained for sale must be tagged by a T'aaq-wiihak dockside monitor
prior to sale.

Vessel Masters will maintain a logbook and submit a completed report to the
T'aaq-wiihak dockside monitor at each landing. Landing slips will not be issued
by the T'aaq-wiihak dockside monitor without the submission of completed
logbook reports.

T'aaq-wiihak vessel masters are reminded to refer to the communal licence
authorizing this fishery for complete details. Copies of the licence are
available from the DFO Resource Manager, Amy Ganton (250-720-4468) and the
T'aaq-wiihak Fisheries Manager, Saul Milne (250-725-3899).

T'aaq-wiihak Nations' staff and/or Fishery Managers will meet with DFO on
Tuesdays for an in-season review. It is possible that a new Licence may be
issued on Wednesdays.

Perfect example of why I think your so misinformed when it comes to fishing matters here in BC. You just when off the handle with your personal "axe to grind" without even knowing what your talking about. I don't know how much damage your doing to the Recreational Sector but I suspect it's plenty. FYI Nootka Sound has a round table for everything revolving around salmon. Those folks know what they are doing and your latest BS is not helpful. I suggest you STFU with your personal issues when it comes to harvest planning in Nootka.
https://www.roundtables.westcoastaquatic.ca/area-25-nootka

 

[wildmanyeah]

I get it GLG you like all these demonstration fisheries and I agree the round table process is good, too bad every areas does not have one.

However I do not agree with with mixing FSC fisheries and commercial fisheries together. I don't think that's a situation where the local fish stocks win and it certainly won't be good if its applied coast wide. Its all really a moot point anyways things are drastically changing fast and the Fisheries Minister has to come up with a new allocation policy.

I get it I have sat in the meetings and listened to all the gray hairs talk about how we need to work with first nations, how their practices are good and very selective. How a dead fish is a dead fish and it does not matter they should be allowed to sell their catch if its FSC or not. I have sat and herd the threats from DFO if we don't work together on the water then they will shut down recreational fisheries bla bla bla. what I don't see is doors opening on this coast only closing.

Glad everything is 100% up there

Sorry I encroached on your personal territory

 

[agentaqua]

If one includes accurate catch reporting w FSC - it makes TOTAL sense. No awkward bycatch issues, then. It really doesn't matter what gear types you use to catch your FSC allocation with, neither - as long as you keep what you catch. And no - the "judge" did NOT say they were suppose to be separate from FSC fisheries nor should they be. They just need to end up allocated to the right fishery.

I know there are a pile of guys on this forum that are quick to trot out what they perceive to be the issues on the Fraser - and I won't argue w their perceptions/experiences.

However, there are many, many more watersheds in BC than the Fraser. All of them have their quirks; strengths and challenges w catch reporting and sometimes - but not always - weak stock management.

PS - on the East Coast there has been quite a few different choices wrt 3rd party validators for fisheries - unlike the Archipelago franchise monopoly (and to a lesser extent JO Thomas) on the West Coast - and to play devil's advocate for those opposed to a FN catch monitoring program - where's the validators for the sports fleet?

 

[wildmanyeah]

FN catch monitoring program - where's the validators for the sports fleet?

I agree I would gladly pay more for my licence if it ment stationing validators at the docks.

More creel surveys and enforcement is something that everyone would welcome. Many have begged for higher licence fees for just this purpose.