Review of the Salmon Allocation Policy in British Columbia and Yukon (2022)

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.”

The 1999 Pacific Salmon Allocation Policy (“the Policy”) outlines the principles used to guide allocation of available harvest for Pacific salmon between harvest groups (First Nations food, social and ceremonial; commercial; and recreational), consistent with legal obligations to First Nations and Canada’s international obligations, including the Pacific Salmon Treaty.

There have been significant changes since the Policy was first adopted in 1999, including increased conservation requirements for stocks of concern, changes to fisheries management, as well as new treaties and reconciliation agreements with First Nations. Further, within the 2018 BC Supreme Court Ahousaht decision, the application of the Policy was found to be an unjustified infringement of five Nuu-chah-nulth Nations’ (Ahousaht, Ehattesaht, Hesquiaht, Mowachaht/Muchalaht, and Tla-o-qui-aht) Aboriginal rights to fish and sell fish insofar as the SAP accorded priority to the recreational fishery over the Five Nations’ right-based sale fishery for chinook and coho salmon. The process to review the policy is one element of the response to this finding.

BC review

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

Yukon review

A separate, concurrent process to review the Policy is occurring in the Yukon (YT), with the goal of developing recommendations specific to the territory’s unique context. Recommendations are being developed for a Yukon Salmon Allocation Policy that:

• describes the principles used by Canada to allocate salmon for Conservation, First Nation food, social and ceremonial fisheries, public angling, commercial and domestic fisheries
• respects the pre-existing and priority of salmon allocation commitments set out within the eleven Yukon First Nation Final and Self-Governing Agreements (enacted in 1993)
• reflects the nature and types of fisheries, as well as jurisdictional considerations that exist in Yukon

The Yukon Policy will not apply to the Trans Boundary Rivers in northern B.C. within the Yukon Transboundary Rivers Area (YTRA), or the north slope of Yukon (i.e. Central and Arctic Areas).

Phases of BC review

DFO is pursuing a phased approach to developing updated policy recommendations in BC that involves a high degree of collaboration with First Nations, the recreational and commercial fishing sectors, and the Province of B.C.

• Phase 1: Collaborative development of a Terms of Reference to guide the process and scope of the review
• 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

Where are we in the process

The Terms of Reference for the policy review in BC are now final, which means that Phase 1 of the process is complete. The next phase of the review focuses on gathering information and conducting analysis to inform the development of policy options. It will include convening the various working groups and committees described in the Terms of Reference.

Pacific Salmon Strategy Initiative

In 2021, the Pacific Salmon Strategy Initiative (PSSI) was announced. The strategy aims to stem the steep decline of many Pacific salmon populations and to protect and rebuild stocks where possible by implementing a series of immediate and long-term solutions that focus on four key areas: conservation and stewardship; salmon enhancement; harvest transformation and integration and collaboration.

The Salmon Allocation Policy Review is a key initiative under the harvest transformation pillar, and will align with and support the broader goals and objectives of the Pacific Salmon Strategy Initiative.

For more information

If you would like further information on the review process, have questions about engagement in the process or have information that could be relevant to the review, please email Nadine Pinnell at DFO.SAP_Review_BC-PAS_Revue_BC.MPO@dfo-mpo.gc.ca.

Related material

• Salmon Allocation Policy review process
• Terms of Reference for the Pacific Salmon Allocation Policy review in BC
• Pacific Salmon Strategy Initiative