Pros: The aboriginal right to fish continues Negotiations will not be dragged down because DFO has a poor mandate DFO has a chance to go back to cabinet to get a better mandate Gives us an opportunity to work with the A-Tlegay First Nations to negotiate the commercial component We can always negotiate a Comprehensive Fish Chapter during Periodic Renewal Cons: Do not have constitutionally protected FSC allocations
Is the 10-year time frame negotiable? It seems like a long time to have to wait to deal with something like fisheries.Melissa Quocksister2021-04-14T23:26:01+00:00
At this time, the 10 years is agreed to by BC and Canada in the K’ómoks Treaty. The originally proposed timeline for Periodic Renewal was 25 years, which was argued to be too long. In terms of negotiating Fisheries, until DFO is able to agree to an offer that meets the need of K’ómoks, we will fish as always under our Aboriginal Right, and according to an Annual Fishing Plan that K’ómoks will draft, implement, and inform DFO of.
In 2017, a group of Treaty Nations, provincial and federal representatives formed a group called the “Lead Tables Working Group”. The purpose of this group was to address the hard issues that were holding nations back from achieving successful treaties. There were four areas addressed at that time: Recognition and Predictability (for Aboriginal Rights), Orderly Process (addressing potential new rights or court cases), Periodic Renewal (opportunity to renegotiate parts of the Treaty as necessary), and Consultation (strengthening the duty to consult under Treaty). The Periodic Renewal is meant to allow the Treaty to evolve with the world. Areas that could be [...]
If we have an undefined right to fish, isn’t that hard to implement? And commercially, we are dependent upon the goodwill of neighbours (A-Tlegay)?Melissa Quocksister2021-04-14T23:32:05+00:00
We have an undefined Aboriginal Right now, but that is being implemented by individual fishers who go out and catch fish for food. A-Tlegay also provides us with food fish. Once there is a treaty, that will continue, and in accordance with an annual fishing plan developed by K’ómoks, based upon our needs. We are currently working with the A-Tlegay member First Nations on a commercial component. A part of that fishery will include a K’ómoks community fishery which will be a commercial fishery for only K’ómoks members. While we are negotiating with the A-Tlegay First Nations to give us a [...]
We can call our fishing territory whatever we like, but to formalize that name may be difficult because many other First Nations fish in the same area and it may be hard to get agreement on a common name. We will not be able to escort people out of our fishing territory as we do not own it, we fish there like other people.
Our position is that K’ómoks must play a role in the management of fish and sea resources through not only a local Fisheries Management Committee, but also by taking part in any regional management committees established over all or a portion of our traditional territory and domestic fishing area. We are currently working on this jointly with First Nations who are members of A-Tlegay. In addition, K’ómoks is negotiating shared decision-making over the Oyster, Salmon and Puntledge River systems. Also, we have negotiated the establishment of the Aquaculture Review Committee (ARC) which reviews for approval (or not) all new and renewed [...]