Context for the review

In April 2018, then Minister of Fisheries and Oceans and the Canadian Coast Guard, the Honourable Dominic LeBlanc, released a statement following the B.C. Supreme Court Ahousaht decision, indicating that “… I have directed Fisheries and Oceans Canada to review the Pacific Salmon Allocation Policy. We will work in collaboration with Indigenous groups and all stakeholders to renew and co-develop this policy.”

In 2019, Fisheries and Oceans Canada (DFO) embarked on a collaborative process with First Nations and stakeholders to review and update the Policy in British Columbia (B.C.). This process of updating the 1999 Pacific Salmon Allocation Policy (SAP) is being conducted in a manner that is intended to respect Canada’s nation-to-nation relationship with Indigenous peoples and engage stakeholders.

The 1999 SAP sets out a series of principles for allocating salmon among the three harvest groups:

• First Nations food, social and ceremonial
• commercial
• recreational

and within the commercial fishery among gear types: gillnet, seine, and troll.

The policy guides annual domestic allocations of salmon in B.C. consistent with legal obligations for First Nations and Canada’s international obligations, including the Pacific Salmon Treaty.

At the same time, a separate process to review the Policy is also occurring in the Yukon with the goal of developing recommendations specific to the territory’s unique context.

Phases of the British Columbia SAP review:

• Phase 1 – Collaborative development of a Terms of Reference to guide the process and scope of the review - Complete
• Phase 2 – Gather information, share perspectives through broad engagement, and conduct analysis to support the development of options
• Phase 3 – Collaborative development and consideration of options to meet objectives and interests
• Phase 4 – Collaborative development of recommendations

Phase one – Developing a Terms of Reference - Complete

Since 2019, DFO has been working collaboratively with these interests to develop a Terms of Reference to guide subsequent phases of the review. Under the guidance of an independent facilitator, this included work with the First Nations Fisheries Council and a working group of Indigenous organizations, the five Nuu-chah-nulth Nations involved in the Ahousaht decision, the Commercial Salmon Advisory Board (CSAB), the Sport Fishing Advisory Board (SFAB), and the Province of British Columbia. Consultation and engagement with Indigenous communities and organizations on the draft Terms of Reference in 2020 and 2021 were also key to informing the document. In early fall 2022, the final Terms of Reference to guide the review moving forward were distributed.

As highlighted in the Terms of Reference, the SAP review in BC is being conducted in a manner that is intended to reflect the nation-to-nation relationship with First Nations, while engaging key stakeholders in a meaningful way. The review will not in any way define or limit any treaty or Aboriginal title or rights of First Nations and will be without prejudice to the positions of the parties with respect to treaty and Aboriginal title or rights. Moreover, the review will not change the priority of Food, Social and Ceremonial (FSC) and Treaty Domestic fisheries, which remain the highest priority after conservation. The review will also reflect the direction of the BC Supreme Court in the Ahousaht decision.