ABORIGINAL FISHERIES STRATEGY
In 1990, the Supreme Court of Canada issued a landmark
ruling in the Sparrow decision. This decision
found that the Musqueam First Nation has an Aboriginal right to fish for
food, social and ceremonial purposes. The Court found that where an
Aboriginal group has a right to fish for food, social and ceremonial
purposes, it takes priority, after conservation, over other uses of the
resource. The Supreme Court also indicated the importance of consulting with
Aboriginal groups when their fishing rights might be affected.
In response to this decision, and to provide stable
fishery management, DFO launched the Aboriginal Fisheries Strategy (AFS) in
1992. The AFS is applicable where DFO manages the fishery and where land
claims settlements have not already put a fisheries management regime in
place.
What are the objectives of the AFS?
- To provide a
framework for the management of fishing by Aboriginal groups for food,
social and ceremonial purposes.
- To provide Aboriginal groups with an
opportunity to participate in the management of fisheries, thereby
improving conservation, management and enhancement of the resource.
- To contribute to the economic self-sufficiency
of Aboriginal communities.
- To provide a foundation for the development of
self-government agreements and treaties.
- To improve the fisheries management skills and
capacity of Aboriginal groups.
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The AFS is of assistance to DFO in managing the
fishery in a manner consistent with Sparrow
and subsequent Supreme Court of Canada decisions. The AFS seeks to
provide for the effective management and regulation of fishing by
Aboriginal groups through the negotiation of mutually acceptable and
time-limited fisheries agreements between DFO and Aboriginal groups. Where agreement cannot be reached with an Aboriginal
group, DFO will review the consultations with the group and the Minister of
Fisheries and Oceans will issue a communal fishing licence to the group,
containing provisions that the Minister believes are consistent with the
Sparrow decision and subsequent Supreme Court of Canada decisions.
The licence allows the group to fish for food, social and ceremonial
purposes.
Where DFO reaches agreement with an Aboriginal group,
the Minister of Fisheries and Oceans will issue a licence to the group that
reflects the agreement reached.
Fisheries agreements negotiated under the AFS could
contain:
- provisions with respect to amounts of fish that may
be fished for food, social and ceremonial purposes;
- terms and conditions that will be included in the
communal fishing licence ( e.g. species, amount that may be fished, area,
gear, times, reporting requirements);
- arrangements for co-operative management by the
Aboriginal group and DFO of fishing by the group for food, social and
ceremonial purposes;
- cooperative management projects for the improvement
of the management of fisheries generally, such as stock assessment, fish
enhancement and habitat management; and
- provisions related to communal licences under the
Allocation Transfer Program for obtaining access to commercial fisheries
and/or other economic development opportunities.
Annual funding of the AFS is $35 million, with about
125 AFS agreements signed each year since the implementation of the program.
Approximately two-thirds of these agreements are reached with Aboriginal
groups in DFO's Pacific Region, with the balance being in Atlantic Canada
and Québec.
The Allocation Transfer Program (ATP) is an integral
component of the AFS. This program facilitates the voluntary retirement of
commercial licences and the issuance of licences to eligible Aboriginal
groups in a manner that does not add to the existing fishing effort, thereby
providing Aboriginal groups with much needed employment and income. Since
1994-95, when the ATP was first launched, approximately 900 commercial
licences have been issued to Aboriginal groups.
The AFS program has resulted in:
- better monitoring of Aboriginal fishing;
- improved cooperation on enforcement;
- more selective fishing; and
- the creation of approximately 1,300 seasonal jobs
per year since 1993 in such areas as commercial fishing, processing,
monitoring, and fishery enhancement activities.
FOR MORE INFORMATION CONTACT:
Chief, Aboriginal Fisheries
(613) 993-1917
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