British Columbia Guide to Watershed Law and Planning
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  Aboriginal Fisheries Strategy

Aboriginal Fisheries Strategy

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.

 

 

 
 
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