|
Pacific Region
Treaty and Aboriginal Fisheries Programs
|
|
Aboriginal Fisheries Strategy (AFS)
 The AFS is
applicable to areas where DFO manages the fishery and where land
claims settlements have not already put a fisheries management
regime in place. The
AFS encourages and enables the establishment of relationships with
Aboriginal people, provides a mechanism for DFO to address its legal
obligations and promotes stable and orderly fisheries management for
the benefit of all Canadians. It is also in keeping with the
fact that courts have repeatedly encouraged governments and First
Nations to resolve issues related to Aboriginal rights by
negotiation rather than litigation.
Principles
-
Provide for the
effective management of the Aboriginal fishery;
-
Improve the
conservation, management and enhancement of the resource;
-
Enable Aboriginal
people to participate in the management of their fisheries; and,
-
Provide a stable,
predictable, profitable fishery for the benefit of all Canadians.
Objectives
-
Facilitate DFO
management of the fisheries in a manner consistent with
“Sparrow”
and subsequent court decisions;
-
Provide
Aboriginal groups with an opportunity to participate in the
management of their fisheries;
-
Allow Aboriginal
groups to improve their skills and capacity to manage the
fisheries in which they participate;
-
Contribute to the
economic sustainability of Aboriginal communities through
fisheries-related activities;
-
Provide a
foundation for the development of treaties and self-government
agreements; and,
-
Allow Aboriginal
groups to test innovative fisheries-related economic
opportunities, such as aquaculture and studies of markets,
processing methods and product quality.
Elements
Negotiated
Comprehensive Fisheries Agreements and
Project Funding
Agreements with Aboriginal Organizations:
These agreements
describe how Aboriginal groups will carry out a wide range of
fisheries management roles, such as preparation of fishing plans,
administration, monitoring and enforcement and education and
awareness initiatives. The agreements also describe the terms
and conditions of food, social and ceremonial
(FSC) fishing. Fishing is authorized by a
communal licence issued by DFO that
reflects the provisions in the Comprehensive Fisheries Agreement.
Where a Comprehensive Fisheries Agreement cannot be reached between
DFO and an Aboriginal group, DFO will issue a communal licence to
the group.
Co-operative Management Programs
DFO collaborates
with Aboriginal groups in the design and implementation of
co-operative management programs that directly benefit the resource,
such as habitat assessment and enhancement, and fisheries
enhancement and research.
Fisheries-based
Economic Opportunities
Fisheries-based
economic opportunities that promote orderly fisheries are realized
primarily through the Allocation Transfer
Program (ATP) . The ATP provides Aboriginal groups with
some employment and income through access to commercial fisheries,
including the transfer of equipment and vessels to assist in the
start-up and management of their operations.
History
In 1990, the
Supreme Court of Canada released its decision in
R. v. Sparrow. In this landmark decision, the Court held
that, after conservation and other “valid legislative objectives”,
Aboriginal rights to fish for food, social and ceremonial (FSC)
purposes have priority over all other uses of the fishery. The
court also held that infringements of Aboriginal rights must be
justified and that part of the justification analysis involves an
assessment of whether adequate consultation has occurred.
As an interim
response to the
R. v. Sparrow
decision, DFO in 1991 created the “Aboriginal Co-operative
Management Program” to test possible approaches to Aboriginal
fisheries issues on a one-year basis. The response was
successful in that Aboriginal people became involved in the design
and implementation of fisheries management, habitat restoration,
fish enhancement and catch monitoring activities. This
involvement resulted in DFO launching the “Aboriginal
Fisheries Strategy” (AFS) in 1992.
|
