Huu-ay-aht launches action to shut down herring fishery

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The Huu-ay-aht First Nation is preparing to file papers in Federal Court, launching legal action against the Federal Department of Fisheries and Oceans (DFO) for mismanaging the lucrative West Coast Vancouver Island herring fishery.

This suit will have far-reaching effects. It may postpone this year's lucrative Barkley Sound herring fishery; a herring fishery opened for hours, not days.

For the past three years, DFO has allowed the commercial herring fishery to proceed before Huu-ay-aht had obtained its supply of siih-muu (herring roe) for food purposes.

Huu-ay-aht alleges DFO mismanagement of the herring fishery has resulted in dramatic declines in herring stocks and an inability of the First Nation to carry out its traditional herring spawn-on-bough fishery.

According to Huu-ay-aht Chief Councillor Robert Dennis, members of the Huu-ay-aht First Nation were unable to obtain any herring roe last year because of over-fishing in Barkley Sound.

"In 1998 we sat on the sidelines and watched commercial boats from outside the region scoop up millions of dollars worth of herring while our people were denied the opportunity to harvest anything," said Dennis. "We have rights - constitutionally protected rights - to harvest herring spawn-on-bough. We're asking the court to rule that those rights are being infringed."

Dennis said his council is turning to the courts as a last resort.

"We have repeatedly requested meetings with DFO, but they won't meet with us to discuss changes to the herring fishery."

"Last year the commercial herring seine fleet took 70 per cent of the Barkley Sound herring stock," said Nuu-chah-nulth Tribal Council southern region co-chair Richard Watts.

"DFO tried to shift attention away from their own mismanagement by saying to the media and public that we were wrong; the Barkley Sound herring fishery only took 20 per cent of West Coast of Vancouver Island stocks."

According to Watts, DFO used slight of hand to cover the fact it allowed commercial seiners to harvest more than double the amount of herring set out in its Barkley Sound herring fishery quota.

According to DFO's 1999 Herring Management Plan, the Barkley Sound fishery represents more than 12 per cent of the 35,500 tons of herring landed annually at B.C. processing plants, with an economic value of more than $60 million.

The Barkley Sound herring fishery represents 19 per cent of the total seine-caught herring allocation, and 10 per cent of the gillnet herring allocation in the province.

The Huu-ay-aht First Nation has two major objectives with respect to the herring fishery and its legal action.

First, it wants the court to rule that its constitutionally protected access to spawning herring is being infringed upon. This access was effectively denied by DFO in 1998 and in years previous.

Second, they want the overall catch in Barkley Sound brought down so that resident stocks can rebuild to historic highs of two to three times the current levels. This will benefit not only Huu-ay-aht interests, but the interests of all local residents.

The Huu-ay-aht First Nation wants to ensure it has priority access to herring spawn on cedar boughs, sufficient to meet food, social, and ceremonial needs.

They are also seeking compensation for past infringements on their Aboriginal rights, and to reduce the roe herring fishery in Barkley Sound so herring stocks can rebuild from last year's fiasco.

"Herring is the foundation of the salmon fishery in Barkley Sound, and it is essential that herring stocks be rebuilt to support the salmon," said Dennis. "We are confident that the court will recognize that the way the fishery is currently managed does not respect the resources or our rights to harvest it."

"DFO has been too smug to us, especially where our rights are concerned," said Watts. "It's almost as if these guys are challenging us to take them to court."

Dennis said negotiations with DFO have been completely ineffective, and as a result, they have no choicebut to pursue legal action against the department.

"Last year we had to buy our roe on kelp from commercial operators," said Uchucklesaht Chief Councillor Charlie Cootes. "Uchucklesaht strongly supports this move towards litigation launched by Huu-ay-aht."

The late February through March collection of spawn-on-boughs is a traditional activity of the Huu-ay-aht First Nation, which has always been considered important from a cultural perspective, and as a food source.

In recent years, Huu-ay-aht members have been unsuccessful in obtaining spawn-on-boughs, because of reduced stocks, and what Dennis sees as DFO management of stocks to benefit the commercial roe herring fishery.

Members of the Huu-ay-aht First Nation are also concerned about the general ecological health of Barkley Sound, as they say the intensive herring fishery has contributed to a general ecological decline in the area.