Recieved this 2 weeks ago.
Sir,
The Minister has asked me to respond to your correspondence of August 10, 2004, regarding fishing activities by First Nations on the Fraser River in British Columbia.
At the outset, I would like to emphasize that the Supreme Court of Canada (SCC) has held that aboriginal fishing rights exist, and that fishing under an aboriginal fishing right has priority over other uses. Fisheries and Oceans Canada (DFO) seeks to manage fisheries in a manner consistent with the various decisions of the SCC. The SCC has indicated in its decisions, that where a group has an aboriginal fishing right, to the extent possible, the group should not be denied the use of its preferred fishing methods.
In establishing appropriate fisheries management frameworks for First Nation fisheries, DFO officials undertake extensive consultation. Discussion of preferred fishing methods is one element of those consultations.
Some First Nations on the Fraser River have identified drift net fishing as their preferred method of fishing. Prior to 2004, this method was used extensively on the lower Fraser River. DFO entered into an additional agreement in 2004 that authorized the use of drift nets. However, the agreement also included measures to monitor and assess drift fishing activities, with the intent of gathering information that would determine the impacts of the fishery. This arrangement was part of an overall management framework for Fraser River sockeye in 2004.
Please be advised as well that Fishery Officers patrol the Fraser River area on a regular basis. During the 2004 fishing season, officers observed some increase in unauthorized activities, and, in response, they seized a significant amount of fishing gear that was either unidentified or used for fishing during closed times. They are currently working on a number of files for potential charges.
Departmental officials are currently reviewing the recommendations in the Joint Task Group and First Nations Panel reports and will be consulting on these over the coming months. The reports recommend the negotiation of interim arrangements for First Nations economic fisheries in order to facilitate an orderly transition toward both Treaties and a more integrated commercial fishery. With this in mind and with the successful appeal of the Regina versus Kapp case, economic fishing opportunities were re-established for some First Nations in 2004.
As you may know, DFO officials have also initiated preliminary discussions to develop a process for First Nation and recreational representatives to meet and discuss issues of common concern. I understand that further discussions will be taking place in the near future with the Sport Fishing Advisory Committees and First Nation representatives.
Again, thank you for sharing your concerns with me on this matter.
Sincerely,
Original signed by:
Paul Cuillerier
Director General
Conservation & Protection
Fisheries and Aquaculture Management