Native leaders

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First Nation's leaders across the province are disgusted with what they call the federal Fisheries Minister David Anderson and his department's lack of consultation in developing a salmon treaty with the United States.

Although American tribal councils, state governments, and county governments were involved in discussions with the United States before their representatives went to the negotiating table, despite their fiduciary responsibility and duty to consult with First Nations, the Canadian government's Department of Fisheries and Oceans (DFO) did no such thing, Native leaders claim.

"We're looking at losing 80 per cent of our fish and $10 million out of our economy because of this deal," said Roy Alexander, an advisor to Nuu-chah-nulth commercial fishermen. "They've sold out the West Coast of Vancouver Island. Offshore areas will be a dead zone. It's a nothing deal."

"The agreement itself had no First Nations involvement or input despite the fact the law in this country clearly states Aboriginal people must be consulted," said Grand Chief Ed John of the First Nations Summit. "DFO has chosen to ignore the legal rights of First Nations people. There is a high level of frustration and anger within First Nations in dealing with DFO and the federal government with respect to all fisheries issues."

To add insult to injury, First Nations leaders say they were even excluded from the initial press conference on the treaty, kept out by Minister Anderson's staff.

"They've put our backs against the wall," said Ernie Narcisse, president of the B.C. Aboriginal Fisheries Commission. "I think DFO will be getting the long hot summer they've been expecting for a while."

The Nuu-chah-nulth Tribal Council has issued a report that determined the Canada-U.S. Salmon Treaty will have a significant impact on Nuu-chah-nulth commercial fishermen who, the report said, have already been hard hit by this "newfound DFO conservation ethic" designed to save endangered Thompson River coho stocks.

According to the NTC fisheries report, provisions in the new treaty will further reduce Nuu-chah-nulth commercial access to migrating chinook and coho stocks.

The main points of the treaty are that the United States will take less Fraser River sockeye, and British Columbia agrees to cut back on fisheries targeted at American chinook salmon.

The agreement also calls for a conservation fund of more than $200 million to be set up by the American government, with the money distributed amongst British Columbia, Washington State, Oregon and Alaska salmon enhancement projects.

What hasn't been released, though, is the fact that it will only be the interest generated from this fund that will go to projects, not the principle base, Raven's Eye has learned. And after the interest from that money is split between British Columbia and four American states, it's doubtful any of that money will trickle down to Nuu-chah-nulth territories, the chiefs say.

"Ahousaht and other West Coast communities have been shut down," said Angus Campbell at a recent central region chiefs meeting where the salmon treaty was discussed. "There are no fish for the very few licenses that still exist."

"They [DFO] need to be shaken up by whatever means," said Cliff Atleo. "We're about to take a huge leap of faith [signing a treaty] with the governments, and we'll be expecting them to live up to that."

Atleo wonders how federal and provincial governments can expect to be trusted by First Nations when their departments so often fail to do their duty in consulting with First Nations directly affected by their decisions.

The central region chiefs decided to send a letter to Prime Minister Chretien, the minister of Fisheries, the minister of Indian Affairs, and all other cabinet ministers and MPs, outlining their reasons for being against the Canada?U.S. Salmon Treaty.

"As we sit here, the agreement is still being crafted," said Larry Baird, pointing out the actual salmon treat has not been ompleted, signed, and passed through the various governments. "We don't want to fight the deal after the fact. It's a 10-year agreement and we have an opportunity to move forward before the language is actually written."

Baird believes individual First Nations should make themselves heard on this issue, and other First Nations across the province are looking at many ways of stopping the deal including litigation strategies.

"This season is already shot," said southern region co-chair Richard Watts, who along with northern region co-chair Archie Little also attended the chiefs meeting because of the importance of the subject.

"I'm reluctant to back litigation since the courts have made it clear they don't want to look at injunctions while treaty negotiations are underway," said Richard. "The way to challenge this is to go out and fish under 35.1 [of the Canadian Constitution]."