Nuu-chah-nulth Ha’wiih and their representatives gathered at the Huu-ay-aht House of Gathering Sept. 28 and Sept. 29 just days after five nations dismissed representatives of Fisheries and Oceans Canada from negotiations on Nuu-chah-nulth commercial fishing rights as frustrations about their lack of mandate to negotiate in good faith had reached a boiling point.
The Ha’wiih would spend the two-day Council of Ha’wiih Forum on Fisheries meeting discussing several priority fisheries issues of importance to Nuu-chah-nulth Nations.
The meeting was hosted by Huu-ay-aht First Nation. The morning started with a welcome from Tyee Ha’wilth Kleeshin, Derek Peters, followed by a prayer chant, the singing of the Nuu-chah-nulth anthem and the unveiling of the Nuu-chah-nulth Huupakwanum. Hup-in-yuk (Tom Happynook), chaired the meeting.
There was sadness among those in the room as delegates remembered Tim Taylor of Tseshaht, who lost his battle with cancer the day before. Attendees observed a moment of silence in his memory.
It was noted that some Nuu-chah-nulth people are afflicted with cancer and some have died due to cancer and other diet-related illnesses. For that reason, the Ha’wiih say there is an urgency to get access to traditional foods for the people, especially the younger generation.
“We need to stop managing for poverty,” said Archie Little, representing Nuchatlaht.
“Our people are sick and dying and we want change. We demand change,” he said, adding it was clear to him that, for DFO, the sports fishery is the priority, not First Nations people and their rights for food and ceremonial access.
“The best thing we could do is go home and develop our management plans, because we're the only ones who can make change,” he continued.
Speaking in the Nuu-chah-nulth language, T’aaq-wiihak lead negotiator Cliff Atleo said there will soon be a Nuu-chah-nulth press conference on the steps of the Vancouver courthouse, where the Nuu-chah-nulth fisheries justification trial is taking place. Currently, the judge is hearing closing arguments on Canada’s ongoing infringement on the First Nations right to commercial fisheries.
Nuu-chah-nulth Tribal Council Vice President Ken Watts paraphrased in English what Atleo had said. He started with the precedent-setting 2009 Nuu-chah-nulth fisheries court case, which acknowledged Nuu-chah-nulth fishermen’s right to fish commercially. In her ruling, Justice Garson ordered that Canada and DFO had two years to accommodate the Nuu-chah-nulth fishing rights.
“It's 2016, seven years later, and nothing,” said Watts.
He went on to say it was a proud moment on Sept. 23 when Atleo stood up and said the meeting with DFO was over and dismissed them from the meeting.
“Deb Steel wrote a story that day and within 24 hours the article had over 30,000 views,” Watts said. “Canadians are on our side,” he added.
He urged the people to stand united. “Here's an opportunity for us to work together and say enough is enough; let’s stand in solidarity with the five nations,” said Watts.
He went on to say that response to the article from First Nations across the country has been awesome.
“They’re offering help and support. Watts invited Nuu-chah-nulth leaders to stand together with the five nations at the upcoming press conference.
The table was asked whether or not DFO should be allowed to come to Anacla for day two of the Council of Ha’wiih Forum on Fisheries meeting as originally planned. The Chair polled the Ha’wiih and the result was a resounding and unanimous ‘no’.
Atleo thanked the Ha'wiih for their support and reminded them that they have the right to harvest and the right to sell fish.
The remainder of the meeting focused on Nuu-chah-nulth access to fish and on management and capacity-building.
NTC Fisheries Manager Dr. Don Hall reported that DFO is not responsive to community needs when it comes to food and ceremonial access. “The allocations changed very little in the last 25 years since they were first formulated despite substantial growth in the population of First Nation communities,” he reported.
Watts talked about how important it is for our people to get back to our traditional foods. “We're going to go out and get what we need to feed our people and we're going to do it while properly managing the resources,” he declared.
In other business, Hesquiaht elder Simon Lucas informed the table that this would be his last meeting with them. He invited the Ha'wiih and all people at the meeting to Alberni Athletic Hall on Nov. 19 where he will 'take his jacket off' and hand it over to his grandson, Johnson Lucas, who will take over for him.
“Thank you for all these years I've been involved and I've always been treated well by you,” he told them.
Hup-in-yuk thanked him for his years of dedication to Nuu-chah-nulth and First Nations fisheries interests.
The table discussed the state of herring stocks and whether or not there should be a commercial fishery in 2017. Dr. Hall said while there had been some small indications of improvement in herring stocks, overall WCVI herring abundance is nowhere near what it should be.
After discussion the Ha’wiih decided to keep their territories closed to commercial herring fisheries in 2017. This decision was based on the observations of fishers and technicians that were not able to harvest anywhere near enough kwaqmis/siihmuu in 2016 to meet their community needs.
The Ha'wiih want to know why the WCVI herring stocks remain so low; they commit to making resources available to carry out research to determine the causes for continued low abundance of herring in their territories.
The next item up for discussion was the international Pacific Salmon Treaty negotiations; Dr. Hall said he's not convinced that Canada will have Nuu-chah-nulth's interests in mind in these negotiations.
He talked about the Ha’wiih interest in conserving Chinook, as most runs are depressed, but they also have an interest in harvesting more abundant Chinook stocks that pass through their waters.
“With proper fishing plans and management measures, harvesting and conservation don't have to be in conflict,” Dr. Hall told the Ha’wiih.
Plans were made to strategize with other interest groups.
Francis Frank of Tla-o-qui-aht First Nation reiterated advice provided by US Tribes in years past: If you own it, you need to act like you own it.
“Why don't we develop our own sustainable fisheries plans?” he asked. “Then we're operating on our own data instead of coming to the table to ask what we can have,” he said, adding that it’s time to get out on the water.
Cliff Atleo reported on a matter concerning the groundfish trawl industry. The industry, he reported, is proposing that with the larger vessels they have, they could process hake at sea rather than landing in Ucluelet to have them processed in the two plants operating there.
Atleo says there are a large number of Nuu-chah-nulth people working at the two plants. “I'd say about 700 jobs are threatened by what the groundfish trawl industry is proposing. Secondly, the groundfish trawl fishermen are proposing that they be allowed to catch their quota by other means, such as longline and traps, effectively increasing the value of their catch.
“Both of these proposals would potentially infringe your Aboriginal rights, so consultation by DFO is required,” said Dr. Hall.
Ahousaht started a guardian program this summer. Their job is to observe, protect and report to Ha'wiih. They work with DFO, the Canadian Coast Guard and the RCMP. They recorded 17 calls for illegal sports fishing in their territory, a great majority of them sports fishing guides from Tofino.
“We discovered that they are using First Nations guides to justify fishing in Ahousaht waters,” said Kiista (Keith Atleo). The guardians record the incidents, but nobody knows if DFO is doing anything about it.
Finally, there was discussion about the Bocaccio (long jaw), a rockfish species that is so depleted that Canada is considering adding it to the Species at Risk Act for protection.
Don Hall says Bocaccio is a long-living fish and there's not much humans can do to improve their numbers other than leave them alone.
Canada is proposed additional conservation efforts by reducing catch allocations, but more needs to be done on how these specific allocations would affect priority Aboriginal rights fisheries.
Uu-a-thluk staff made recommendations with respect to Nuu-chah-nulth Nation’s action on Bocaccio rockfish management. Uu-a-thluk staff will follow up by bringing the recommendations approved by the Ha’wiih for alternate Bocaccio management plans to DFO.
At the end of the day and after hearing gratitude from his guests for his hospitality, Kleeshin asked his people to stand with him. He acknowledged the efforts they put in to planning and providing food and comfort to their visitors.
“Everyone has their jobs but when needed, they come together to do the work that needs to get done collectively,” he said after thanking them.
The next Council of Ha'wiih Forum on Fisheries meeting will be Feb. 23 and Feb 24, 2017 in Ahousaht.