In response to assertions by
First Nations peoples that they have a right to make a living from their
traditional fisheries, Fisheries and Oceans Canada
has developed a programme to give First Nations a more active role in the
fishing industry and in the management of the fisheries. Under this seven-year programme, Fisheries
and Oceans can enter into agreements with individual First Nations to provide
for the allocation of fish, the management of the fish resource, habitat conservation
and other matters.
The Aboriginal Fisheries
Strategy has been controversial, with non-native fishermen accusing Fisheries
and Oceans of creating a “race-based” fishery.
The First Nations, on the other hand, see the management and use of the
fisheries as part of their traditional rights as a nation (See the Guide page
on Aboriginal Use Rights, although the courts have
generally not accepted an aboriginal right to participate in a commercial
fishery).
There are a range of agreements
already signed under the Strategy.
These include, for example,
·
Habitat restoration and enhancement projects;
·
Giving First Nations “Guardians” enforcement powers;
·
Issuance of commercial fishing licences to First
Nations.
Treaty Rights
The Aboriginal Fisheries
Strategy only applies to First Nations which are not covered under a treaty
that allocates fisheries rights. There
are ongoing efforts to negotiate new treaties, and Fisheries and Oceans
participates in these negotiations as part of the federal government’s
negotiation team. For more information
about the role of treaties, see the Guide Page on First
Nations Treaties.
Related Guide Pages:
·
Aboriginal Rights and Title
·
Fisheries Act
For more information about the Aboriginal
Fisheries Strategy:
·
DFO Pacific Region’s web site on Aboriginal Fisheries Strategy.