Reconsidering R. v. Gladstone October 12 - 14, 2005

1. Reconsidering R. v. GladstoneOctober 12 - 14, 2005 Gladstone Unrewarded – The Continuing Issues Friday, October 14, 2005 Gary Vigers, Ph.D

2. Heiltsuk Tradtional Territory in the Central Coast Area

3. Central Coast Cumulative Spawning

4. Kelp Harvest and Open Pond Locations

5. Accrued Central Coast SRF Catch in the Heiltsuk Traditional Territory

6. 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.

7. 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 Issues - SRF & SOK

8. 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

9. 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 Conservation Issues

10. 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;

11. 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;

12. 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

13. Social Employment– Regional Fairness • 1988 -1997 • Unemployment average = 66%; • National average = 7-8% • Income average for SOK = $8,000 • BC poverty line = $13,311 • 69% of the WAG received social assistance

14. Regional Demographics Justifiable Socioeconomic Allocations • Based 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).

15. Economics – Markets HTC producers have unique comparative advantages from: • the quality of Central Coast kelp • production volume • consistent handling, grading and quality control • well-trained labour pool with substantial capacity for expansion. • Alaskan production and the Japanese economy are major determinants in the market

16. Summary Conservation • Spawning 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;

17. Summary (cont’d) SRF and SOK Management • The nature of the SRF dictates it must occur prior to the SOK thus impacting on the size of the spawning stocks for the SOK • Ifthe 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

18. Summary (cont’d) Management • Meta 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;

19. 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!

20. 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 Summary of Technical Reports to Government of Canada

21. Conclusions • To 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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