Courtenay & District Fish & Game Protective Association

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The following was submitted on behalf of the President by Bryan Allen:

TIDAL WATER FISHERIES COMMITTEE ANNUAL REPORT - 2010

Contents

-Summary
-Your “Right to Fish” is Big Business in Canada
-Halibut Allocation
-Habitat Protection
-Vision Document
-Crab Reform
-Prawn
-Pacific Salmon commission
-Fraser River Habitat Destruction
-South Coast Ling Cod
-Yale Treaty
-North Coast Recreational Fishing Outlook
-PNCIMA
 


Summary

Last year we reported to you on a number of issues that directly impact your tidal water fishing activities. This year we will up- date you on the status of those issues and any new issues that have come to the forefront. We will explain to you in detail the economic value of Recreational Fishing.

The failure in both the Federal and Provincial Governments ability to protect fish habitat and the travesty of gravel removal from the Fraser River. We will explain the continued attacks on the public’s right to access to crab and halibut and ask you to direct the Federation to head for the courtroom over the Privatization of our Fisheries. We will explain the “Inquiry into the decline of sockeye salmon in the Fraser River” and what our role will be.

We will touch on the Pacific Salmon Commission, North Coast Recreational Fishing expectations for 2010, South Coast Ling Cod, The vision document, Impacts of Treaty’s and explain “Pacific North Coast Integrated Management Area” (PNCIMA)

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Your “Right to Fish” is Big Business in Canada

Your committee feels that in dealing with our fisheries there are two key things we all must keep in mind and bring forward whenever we are talking to the public and the politicians.

One is that this is a “public fishery”, it belongs to all Canadians and every Canadian has a Common Law “Right” to fish. This right can only be changed or eliminated by legislation designating such a course. No such competent legislation has ever been approved by our Federal Government who have the authority over fisheries.

The second is that aside from providing Canadians an opportunity to exercise their “right” to fish, the recreational fisheries in B.C. and Canada are big business. These fisheries are major contributors to our economy and also to the government coffers.

The National Recreational Fisheries Survey carried out every 5 years and last done in 2005 show that the recreational fishery in B.C. generates annually economic activity to the tune of $1.5 billion. That is 50% more than the film industry, which our government extensively. subsidizes.

In the same year the total economic benefits generated by the commercial fishery for all of Canada was $2.8 billion but guess what, the Canadian expenditures for recreational fishing were $7.5 billion.

In B.C., anglers spend more each year on their equipment, 16 times more, than is spent by those involved in the skiing industry.

In B.C., anglers generate more economic activity, over 4 times more, than is generated by the cruise ship industry..

Our tidal waters fisheries generate over $800 million in economic benefits to B.C.

The recreational fishery in British Columbia means jobs! Lots of jobs! 17,400 jobs!

Freshwater sport fishing generates 7,500 British Columbia jobs and tidal water fishing generates almost 10,000 jobs.

Not only is sport fishing good business for British Columbia, it is a very profitable cash cow for both our Federal and Provincial governments: a $ 285 million cash cow, each and every year.

Freshwater angling in British Columbia generates $57.4 million annually in revenues to our provincial government and another $80 million goes to our federal government coffers.

The tidal waters fishery provides our provincial government with another $58.2 million each year and the federal government gets another $95.4 million.

This works out to an annual income to the Provincial Government of $115 million and a further $170 million to the Federal Government, directly attributable to our B.C. recreational fishery.


Collectively, that’s right, collectively, these same governments invest less than $30 million into the management of our fisheries each year.

It is critical that our members, the public in general and our politicians are made aware of these facts and we urge members to make them known to all and sundry at every opportunity.
 

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Halibut

This long and somewhat sad story is continuing much as it began; the public fishery with 12% of the Canadian total allowable catch (TAC), and the commercial fleet with 88%. This affront to the public right to fish and misuse of a common property resource is compounded by the fact that only 123 of the original quota holders actually fish halibut. The other 320 simply lease “their” quota (which was gifted to them in perpetuity by the Minister of Fisheries some years ago), to other commercial harvesters for a windfall profit..

Our Canadian side was in Seattle at the International Pacific Halibut Commission ( IPHC) hearings where they determine the TAC we will be allowed to fish for this coming year. The good news in all of this is that the senior DFO staff and Ottawa HQ have taken a stronger interest in how this process takes place. By direction and some involvement from Ottawa the Canadian delegation has created more of a team Canada approach, to secure an improved share of the total coast wide TAC for Canada.

It looks like the recreational domestic TAC finally determined, will be 901,440 lbs., smaller than in 2009 which will mean a reduced season, or most of the year at 1 per day, one total in possession. Last year the recreational community had some money in a special trust account, left over from the two years when it was determined that we did not harvest all the halibut, and the commercial folk leased it from us. We used most of that money last year to lease additional halibut quota (from the 88% gifted to private interests) to add to our 12%, which enabled us to fish with a possession limit of 2, and a daily bag limit of 2 for the last part of the season. There is $ 482,000.00 left in this fund. This coming season will likely see one of the strongest restrictions on halibut catch we have ever had, and is a direct reflection of being allocated only 12% of Canada’s TAC.

A small, flickering light is the fact that the Deputy Minister appears to have taken our concerns seriously and has spent some time talking to harvest groups to understand all the issues. She was in B.C. in January to meet with a representative from the commercial fishermen, and Gerry Kristianson, our SFAB Chair. She has also appointed a potential facilitator, Roger Stanyer, who will meet with both representatives to see if there is any point in convening discussions about possible resolutions. However, even if talks began, it would not be possible to change anything for 2010.

What lies ahead? There has been some talk of the possibility the Minister may start the process of the User Fee Act, which would result in either a general increase in Tidal Water license fees, or a number of specific stamps for various species. There is also continued talk of “Harvest Sharing” of crab and other species on some, as yet, unspecified basis, so, what happens with crab may set a precedent for other species.
This is watershed allocation issue; worth all the effort we have put into it to date and will have to put into it in the near future.
 

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HABITAT PROTECTION

Your committee is saddened to report that to date we have seen no improvement in either the commitment or actual effort on behalf of our Federal or Provincial Governments to protect and, where possible restore fish habitat.

As an example of how bad the situation is we provide the following background and quotes from the 2009 Auditor General’s report on the situation with regard fish habitat protection by DFO.

“Fish are an important renewable marine and freshwater resource for Canada. For First Nations, fish are a central part of their culture and a vital food source. For other communities throughout Canada, fish have an economic significance for both commercial and recreational purposes. For example, in 2005 the total value of commercial fish landed was $2.1 billion; 52,805 people were employed in fishing and 29,342 in fish processing; and more than 3.2 million adult anglers participated in recreational fishing, which contributed $7.5 billion to the Canadian economy.”

“Fish habitat represents assets that are important not only for fish, but also for human health and recreational use. Healthy habitat—places where fish can spawn, feed, grow, and live—is a fundamental requirement for sustaining fish, providing food and shelter for aquatic and terrestrial wildlife, and contributing to water quality for human consumption and other uses”

“The federal government is responsible for sea-coast and inland fisheries under the Constitution Act, 1867. The Fisheries Act contains provisions directed at protecting fish and fish habitat from certain human activity. The Minister of Fisheries and Oceans is responsible for the administration and enforcement of the Fisheries Act.”

“The 1986 Policy for the Management of Fish Habitat (Habitat Policy) remains the current policy for the protection of fish habitat. The Policy established a long-term objective of a net gain of habitat for Canada’s fisheries resources. It also set out policy goals and strategies for the management of fish habitat supporting freshwater and marine fisheries.”

The auditors reviewed some 30 projects dealing with habitat threats and found; “that required steps were not followed consistently. “None of the project files we reviewed contained all of the information that the Department requires to assess a project.

Auditor Recommendation: “In order to make consistent decisions on project referrals, in accordance with departmental expectations, Fisheries and Oceans Canada should ensure that an appropriate risk-based quality assurance system is in place for the review of these decisions.”

Fisheries and Oceans Canada’s response. “… by 31 March 2010, Fisheries and Oceans Canada will implement a risk-based quality assurance system to verify that documentation standards are being applied consistently by staff.”

N.B. Given the past record of DFO in responding to this type of advice your committee will be following this situation closely and will advise members of our findings. Other than more “smoke and mirrors”, we do not expect to find anything substantive that has taken place.


DFO also responded to habitat concerns by stating that; “Modernization of the Habitat Management Program is progressing”

We suggest that our members should interpret that statement as meaning: “We are continuing to turn over responsibility for habitat protection to the developers.”
 

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A vision for recreational fisheries in B.C. – 2009 – 2013

One of the more positive results of SFAB activities in recent years is this long-awaited document approved by the Minister of Fisheries in January, 2010 that lays the groundwork for the future of the public fishery. Minister Shea deserves our thanks for her support of a vibrant public fishery on the Pacific coast as do members of the SFAB who participated in the development of the document. This vision document is dedicated to the late John Brockley whose knowledge of, dedication to, and tenacity in defense of, the public fishery is largely reflected in the text. The document spells out roles and responsibilities, historical perspective, principles, strategic goals, and much more. It will be the primary reference with which we pursue the interests of recreational anglers in future.
 

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Crabs

This past summer and Fall saw a number of Crab Working Group meetings with members of the newly formed Pacific Crab Management Assoc. and DFO shellfish staff to review, discuss, and come up with recommendations around a Draft Dungeness Crab Reform paper put out by DFO. These discussions were not always pleasant as the commercial folk there were quite assertive about “their crabs” and the fact that in their minds any reduction in their current harvest level would be “Reallocation”. Unless they were compensated for any change, they were not prepared to discuss the issue. We never did reach a consensus on what would, or should happen to change current commercial fishing patterns or places to enable recreational catch to improve to what it was before the huge increase in catch by the commercial sector. What we said very definitely was that there is no formal allocation of crabs to anyone at the moment (yes, it may happen) so we do not understand how anyone can talk about re-allocation. The next battle, coming soon, will be the actual creation of an allocation, perhaps based on square meters of crab fishing area.

In the fall of 2009, DFO presented a draft proposal for 2010 which had some suggestions around commercial changes which included: no hanging bait, limits or reductions on numbers of commercial traps in some areas, and pilot study areas for set numbers of trap hauls. The draft also had some language around a few areas for seasonal commercial closures in popular recreational areas, as well as an outline for an application process to discuss and possibly implement some permanent non-commercial areas in the future. After we met with DFO over this draft, it was changed to include 3 non-commercial closed areas and 4 seasonal closures to commercial fishing. In addition, the language and process for implementing new non commercial areas was changed to clarify who would collect and provide appropriate data on these areas ( DFO ) and a time line for decision making.

This revised draft was supposed to be signed off by the Pacific Region of DFO and implemented for 2010, but in the end Regional staff and the RDG decided it had to be signed off by Ottawa. If this does go ahead as proposed, it is giant step forward from when we started in that DFO now will officially recognize non commercial areas set aside for FSC and Recreational crab fishing to provide us with better access to the (our) crab resource.
 

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Prawn

The situation with prawns is not unlike that of crab; not surprising considering the two groups are represented by the same lobbyist. Whenever we propose a differential in the management index, they cry RE-ALLOCATION and refuse to discuss the matter. They have also insisted that their fishery be left open until they are fishing right down to the management index (10% above the conservation index). Obviously, if both the commercial and recreational harvesters are managed to the same index level in every management area (and we are!) then, there is no possibility of keeping the public fishery open past the commercial fishery closure date for fear of fishing below the conservation index level at which point sustainability of the resource may be in jeopardy. To their credit, prawn managers have announced to the Prawn Working Group that, for reasons of conservation, they intend to apply a 15% differential (i.e. commercial closes at 25% above the conservation index and we close at 10% above this index) but this would only apply in those high use areas where the public fishery is facing winter closures now. It maybe a case of too little, too late in some high use areas, particularly where there is a defacto commercial FSC fishery operating year round with no accountability for catch. Even with this minor change, the re-allocation cry was heard again. The dumb part of all this is that if the commercial management index was increased coast-wide, commercial harvesters will, if a report out of DFO Science Branch is accurate, catch more prawns in future. It will be interesting to see if the intended differential is included in the prawn IFMP or if the commercial boys have successfully lobbied the Minister to agree with their position.
 

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Pacific Salmon Commission

There was nothing really contentious nor outstanding from the Commission meetings this January. Most time was spent reviewing both countries’ Post Season Reports, which give details of catch in each salmon species covered by the Treaty. There was a lot of discussion on the lack of Sockeye opportunity, in fact the members of the upcoming Judicial Inquiry in to the Fraser Sockeye were at the Fraser Panel meetings and general Commission meetings to see how the system works.

It turns out the PSC Endowment Fund Investments have regained some of the lost ground, and this coming year approx. 11 million dollars will be dispersed to programs that had begun but had to stop when the economy and stock market lost ground last year. If your group uses these funds, or would like to, it would be worthwhile to begin applying again.
 

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JUDICIAL INQUIRY

This past winter Prime Minister Harper announced a Judicial Inquiry into the Decline of Fraser River Sockeye. Judge Cohen will preside over this Inquiry.

Apparently the fate of our other, more economically viable salmon stocks has little interest to him or his government. That stated, the B.C. Wildlife Federation has applied for standing in this Inquiry and your committee has been active in preparing, background and submissions. At the time of writing of this report we had not yet received word of the acceptance or rejection of our application and we will present an update at the convention. ( The Federation has been granted status at the inquiry now..ed)

It is our intention, given the wide scope of the Terms of Reference of this Inquiry, to bring to the attention of the Commissioner, the government and the public, the fact that the decline in Fraser River Sockeye is but a symptom of the overall malaise within DFO that is resulting in the mismanagement of the vast majority of our salmon and other fish stocks.

We intend to point out that Sockeye are no longer the money fish they once were and that the returns to Canada from Coho and Chinook and other species bring far more in economic benefits that do Sockeye. That being said, we do not downgrade the importance of the Sockeye but it is time someone spent a little effort assessing how much time, energy and money is being spent on Fraser River Sockeye and their management as compared to all the other real money stocks.

It is our contention that the Fraser River Sockeye situation is not a simple one and there are no easy answers. First and foremost we need to see DFO getting out in front of the problem and attempting to get answers to some of the key questions. Questions such as, after the fish leave their natal streams, how many actually make it to the mouth of the Fraser River. And then how many of them make it through the Strait of Georgia into the open ocean. Once you have some answers to these questions you have the beginning of a chance to focus your energy on just where and what the problem is. Sadly, we must report that we see no effort on the part of DFO or our Federal Government to make any moves to find the answers to these basic questions.

We need to also make the point that with an over 50% cut in operating budgets for stock assessment, our managers are basically working blind, and not just with Sockeye but with all fish stocks in both the salt and freshwater environments.

Science is making all sorts of sounds about concerns over the impacts of climate change on our salmonid stocks but we see no work at all being done or contemplated on possible options for the future. Do we write our fish and fisheries off or are there alternatives in either species or management that we should be looking at to provide fishing for the future?
 

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FIRST NATIONS TREATY IMPACTS

Both our Provincial and Federal Governments, and of course the First Nations are all celebrating the signing of the final agreement with the Yale Band on the Fraser River. This is one of the smallest Bands on the Fraser River and under the terms of their Treaty they have been given an allocation of over 2% of the total allowable catch of Fraser River Sockeye returns. These conditions are similar to those received by another Fraser River Band, the Tsawwassen in their Treaty agreement. So we now have two of the smallest Bands on the Fraser each receiving 2% of the Sockeye return. Your committee notes there are a further 96 Bands on the Fraser who will also be negotiating a share of the Sockeye returns and the vast majority of these are larger in numbers than either Yale or Tsawwassen.

The math is simple, if the current scenario is carried on throughout the Fraser we end up with an allocation to First Nations of 196% of the total allowable Fraser Sockeye catch. Even if the politicians and their negotiators, (they certainly are not negotiating on our behalf) wake up and finally get the numbers; and decide that hey, we are going to have to cut back the allocation of these bigger bands and give them only 1% of the Sockeye. Now even if we could accept that these other larger Bands are foolish enough to accept this type of deal, and our experience tells us they are not, then we would only end up with 100% of the Fraser Sockeye catch being allocated to First Nations.

Oh but wait, there are still all the Bands in the Strait of Georgia, Johnston Strait, Juan de Fuca Strait all who are historically entitled to a percentage of the Fraser River Sockeye. And oh yes, we did already allocate a portion of the Fraser Sockeye in previous Treaty Agreements we had with the Nuu-chah-nulth on the West Coast of Vancouver Island. Given these simple figures, it is easy to understand that if the current government policies are continued, we will see the beginning of the end of the tidal recreational fishery and our in-river fisheries.

Members should also be aware that the past practice of government in turning over management authority for fish and wildlife species not specifically identified with quotas in the Treaty has continued with the Yale agreement. In short, other than Sockeye, Pink, Chum, Coho and Chinook salmon, the Yale Band is free to set their own harvest limits on every other species of fish within their territory and the same goes for wildlife. Government can only intervene if there is a “conservation” problem or a threat to public health or safety.

Your committee cannot overemphasize how important it is that you, and every angler in this province speaks to their MLA and MP regarding this ongoing effort to destroy our fishery and the industry and jobs that go with it.
 

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Lingcod

Not much to report on lingcod. The Strait of Georgia public fishery on lingcod will be similar to last year but will be 2 weeks longer. In 2009, the public fishery exceeded the total number of rockfish by-catch slightly but the lingcod catch was less than the TAC.

The SFAB proposed lowering the minimum size to 60 cm. along the west coast of Vancouver Island; in part, to reduce the catch of large females and partly to standardize the regulations in both areas. However, DFO Science Branch balked, arguing that another computer model should be run first to determine if the first model was accurate. (This proposal was rejected by DFO. The size limit has been raised back to 65cm –ed)

Why we need another model is anyone’s guess. The first one said we could take 25,000 lingcod annually and not affect the rebuilding of the St. of G. stock. A conservative TAC of 5000 was imposed (which the public fishery has not exceeded) and the smaller minimum size limit of 60 cm reduced the impact on both incidentally-caught rockfish and large lingcod spawners. It doesn’t take another computer model to determine that the same positive benefits will occur if the size limit on WCVI was also reduced. However, it would appear there are elements in Science Branch that are not prepared to “foster” (to quote from the vision document recently signed off by the Minister) a public fishery on lingcod.

 

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Recreational Fishing Outlook – North Coast


For those of you planning to holiday in the North this summer, here is what you can expect. Halibut opened to 1 per day 2 possession on Feb. 1. These limits are subject to change (See Halibut Report) Cod, Crab and Prawn limits are expected to be the same as last year. For Chinook, average returns are expected for the Skeena and no bag limit changes are anticipated. While Coho returns are “Dependant on the survival of juveniles to sea” a strong return is expected to area 3 and no changes to bag limits are anticipated. Sockeye, Pink and Chum returns are expected to be poor and another dismal year is anticipated for the commercial net fleet. Ocean limits for the recreational fishery are expected to remain the same. The enhanced chum fishery in the Kitimat River is expected to be conducted but pink and sockeye fisheries in the Skeena are undecided at this point. The predicted run of sockeye to the Skeena River is 664,000 well below escapement requirements.
 

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PNCIMA Pacific North Coast Integrated Management Area

The Oceans Act affirms that DFO as the lead Federal Authority for Oceans and empowers its Minister to lead the development and implementation of integrated management plans for all activities in or affecting estuaries, coastal waters and marine areas.

On Dec 11, 2008 The First Nations Represented by “Coastal First Nations” and the “North Coast – Skeena First Nations Stewardship Society” signed a PNCIMA collaborative Oceans Governance Memorandum of understanding with DFO.

The PNCIMA is approximately 88,000 km2 in size. It covers the near shore and offshore areas of the Pacific Coast from Alaska to Campbell River on Vancouver Island. The process will look at marine transportation and vessel safety, maritime defense and security, F.S.C., commercial and recreational fisheries, marine recreation and tourism, aquaculture, renewable and non, renewable ocean energy, existing land and coastal plans, marine protection tools, cultural resources, marine spills and pollution, climate change, invasive species and species at risk.

While much of this is a worthwhile exercise there are some things to be aware of. The BCWF to date has received no funding to participate. We are likely the only ones at the table not being paid.

Who represents our interests if the crown is to “Consult with and reasonable accommodate Aboriginal interest”.

On February 9 in Prince Rupert we witness a vicious attack on the Recreational Fishery by members of both the Commercial Fishery and First Nations and the facilitator accepting false information as legitimate input. It should be noted that the BCWF relationship with the consortium “Coastal First Nations” is extremely strained over there uncompromising anti-hunting position. Are these the people we are to expect to embrace and promote our interests? Make no mistake; all the environmental non-government organizations are at the table. Their interest will be in forming a mosaic of marine protected areas. These MPA’s can be very restrictive and negatively impact your rights to access, fishing and hunting. There are numerous PNCIMA workshops planned up and down the coast this year. When it comes to your neighborhood, stand up and be counted. (We need to get involved in this one as a club—ed)

Respectfully Submitted,
Tidal Water Fisheries Committee

Edited to reduce the impact on our webpages. The complete report is available from our Sport Fish Director, Bryan Allen
 

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