Treaty Arrangements Regarding Fish in British Columbia

Among other things, fisheries chapters in modern First Nation treaties 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:

• the Nisga’a Final Agreement (effective May 11, 2000);
• the Tsawwassen First Nation Final Agreement (effective April 3, 2009); and
• the Maa-nulth First Nations Final Agreement (effective April 1, 2011).

In 2010, the Minister announced a deferral of Fisheries Chapter negotiations for some negotiating tables in British Columbia.  Read the Minister's statement on Fisheries Negotiations at British Columbia Treaty Tables for more details.

In addition to modern-day treaties, the following historic treaties in British Columbia also contain fisheries provisions:

• the Douglas Treaties (1850-1852); and
• Treaty 8 (1899).

For more information about the BC treaty process in general, check out the BC Treaty Commission website.