Reconsidering R. v. GladstoneOctober 12 - 14, 2005

Gladstone Unrewarded – The Continuing IssuesFriday, October 14, 2005Gary Vigers, Ph.D

Heiltsuk Tradtional Territory in the Central Coast Area

Central Coast Cumulative Spawning

Kelp Harvest and Open Pond Locations

Accrued Central Coast SRF Catch in the Heiltsuk Traditional Territory

Pacific Herring Life Cycle Pacific Herring live 8 – 11 years & spawn yearly

at 3 years – death;Spawning in March /April – fertilized eggs

become adhesive & stick to any surfaces;Deposit in monolayers or multiple layers >1.0 cm

thick;Eggs below surface layer of the mass seldom

hatch (poor oxygen diffusion); Herring larvae production = surface area density

& not thickness of spawning layer;The whole process is temperature dependent to

ensure synchonicity of spawning and hatching.

Herring Management Issues - SRF & SOK

Sac Roe Fishery Destructive Fishery:

Obligatory to kill adult pre-spawning fish to obtain roe;

Adults permanently extirpated from present and future spawning population;

Roe herring Fishery precedes the SOK harvest.

Spawn on Kelp (SOK) Non-destructive Fishery: Not

obligatory to kill adults to obtain SOK; Spawn is released naturally;

Mature Adults return to spawn in subsequent years;

Adult returns indicate approx. 30% straying (=70% returning to natal areas)

Herring Management Conservation Issues

DFO Herring Management model with a 20% Cut-off and TAC appears sensible at the coast-wide level for “meta” populations of herring, BUT:

DFO Herring management models are dysfunctional at the local level BECAUSE:

At the local level, the SRF has first priority over the very herring stocks Heiltsuk people rely on for SOK harvests;

These stocks have been greatly diminished (size at age; total tonaages) in the past several years

Herring Management Conservation Issues

DFO maintains that the entire quota is “…seldom taken from single sites..”

Unfortunately, analysis of DFO’s practices shows that since 1991, most if not all SRF harvesting has been within the immediate Heiltsuk Traditional Territory (Seaforth/Spiller Channel & East Higgins Pass);

This practice far exceeds the DFO 20% cutoff level for the immediate area.

According to DFO’s own data, there are several other sites where the SRF could be relocated to minimize or eliminate its impact on the SOK.

Herring Management Overages

Annual SRF overages in the HTT are consistently greater than the annual Heiltsuk SOK allocation;

The SRF overages directly impact the SOK harvests and not vice versa;

The SRF overages are greater than the increases in SOK allocations Heiltsuk have been requesting since 1996;

Instead of going towards the Heiltsuk, proceeds from the overages support DFO research in other areas;

Economics – Regional Demographics

~90% of the herring fishery in the HTT & related economic benefits are taken by non-residents, and sent south;

For 1996 – 2002, this export = $ ~56 million, with a processed value of $ ~155 million;

For 1996 – 2002 Heiltsuk SOK processed value = $~ 16 million;

Regional Demographics

In 2002, the Heiltsuk band had 2,071 registered members with 1,193 living within the HTT;

CC total population that same year was 3,781; Proportional allocation of the CC herring

resource to the Heiltsuk was 55%; Herring resource abundance for 2002 was

approximately 25,300 tonnes for the CC with a total allowable catch (TAC) set at 5,080 tonnes, all harvested within the HTT;

The Heiltsuk’s current herring allocation is 525 tonnes or roughly 10% of the CC allocation

Social Employment– Regional Fairness

1988 -1997Unemployment average = 66%;National average = 7-8% Income average for SOK =

$8,000BC poverty line = $13,31169% of the WAG received social

assistance

Regional Demographics

Justifiable Socioeconomic AllocationsBased on population, the Heiltsuk

would be entitled to an allocation or approximately 2,794 tonnes for the SOK fishery within their traditional territory;

Interestingly, based on income required to achieve poverty level also requires ~ 2735 tonnes!

1,793 - 2,989 tonnes based on 8% unemployment and typical Canadian earnings (above poverty level) .

Economics – Markets

HTC producers have unique comparative advantages from:

the quality of Central Coast kelpproduction volumeconsistent handling, grading and

quality controlwell-trained labour pool with

substantial capacity for expansion. Alaskan production and the

Japanese economy are major determinants in the market

Summary

ConservationSpawning activities are amongst the most

critical processes in the life cycle of Pacific herring;

Surface area, not thickness of spawn is the main factor for hi survival rates and successful hatching of larvae;

Open pond SOK harvesting has no demonstrable impact on larval recruitment to the herring stock and is non-destructive;

Summary (cont’d)

SRF and SOK ManagementThe nature of the SRF dictates it must occur

prior to the SOK thus impacting on the size of the spawning stocks for the SOK

If the SRF continues in the Central Coast Area, it must be relocated to reduce or eliminate its impact on the Heiltsuk SOK harvests

DFO data show that this alternative is available

Summary (cont’d)

ManagementMeta population Models are not sufficient

for sustainable herring management;Local Herring Fishery management is

essential to maintain a viable fishery (for both SRF and SOK)

Revenues from overages in the CC must be allocated to support community based co-management, monitoring and research in the CC;

Markets

DFO purports market strength is one of the bases for their imposed limitations and licensing strategy;

The SOK is one of the only fisheries under DFO management where DFO takes this position;

Market assessments by DFO show that the DFO position is only one of three possible scenarios!

Summary of Technical Reports to Government of Canada

Year 1990

1998

2001

2002

2003

2004

Titles Report on the Environmental Factors Affecting

Herring Stocks Briefing Document for the Dept of Fisheries and

Oceans 1999 SOK Fishery Market Study for SOK Briefing Document for the Dept of Fisheries and

Oceans 2003 SOK Fishery Briefing Document for the Dept of Fisheries and

Oceans 2004 SOK Fishery Petition to the Office of the Auditor General of

Canada and the Commissioner of the Environment and Sustainable Development

ConclusionsTo date, in all of the submissions

made, DFO have not refuted any of the foregoing positions;

The Heiltsuk Right extends to every member of the Heiltsuk FN;

The technical merits of the Heiltsuk positions remain valid, and continue to be put forward, supported by the biology and the science.

The issues existed in 1989, and continue to be exacerbated to the present.

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