Question Period Note: Gwa’sala-‘Nakwaxda’xw Nation (GNN) seeking judicial review of the Minister’s decision of 2020-2021 Pacific Herring Integrated Fisheries Management Plan

• The Government is committed to the sustainable management of all fisheries, informed by the best available science, and the perspectives of Indigenous communities and stakeholders.
• With respect to the management of Pacific herring fisheries, my department worked closely with First Nations communities and commercial harvesters to better understand herring distribution, spawn dynamics, and traditional harvest areas and methods.
• DFO is aware of First Nation opposition to the limited commercial fishery opening in Area 10.
• We will continue to maintain an open dialogue to hear their concerns, and we remain committed to advancing Reconciliation through a renewed nation-to-nation relationship based on recognition of rights, respect, co-operation, and partnership.

• Pacific Herring are managed as five major stock areas along the coast: Haida Gwaii (HG), Prince Rupert District (PRD), Central Coast (CC), Strait of Georgia (SOG), and, West Coast of Vancouver Island (WCVI). There are also two minor stock areas: Area 2W and Area 27.
• There are several directed fisheries for Pacific Herring in each area: First Nations Food, Social and Ceremonial (FSC), Spawn-on-Kelp (SOK, eggs on kelp), Food & Bait and Special Use (whole Herring), and Roe (Seine and Gillnet fisheries).
• Area 10 is located off the coast of the British Columbia mainland, north of Vancouver Island, but outside of the major and minor assessment areas and has no formal stock assessment. See map below.
• For Area 10, in addition to the First Nation FSC fishery, there will be limited commercial SOK fishing opportunities available in the upcoming season. The Gwa’sala-‘Nakwaxda’xw Nation (GNN) holds one commercial licence, and the two others are held by a non-Indigenous open pond operator. For the fishery in 2021, the GNN closed pond and one of the open pond licences would be permitted to fish. Open pond operations utilize passive gear that are only capable of reaching the licence quota should a sufficient number of fish arrive in the area, and therefore have minimal impacts on the stock. The approach for the upcoming season is consistent with recent years and is a reduction in commercial fishing effort in the area.
• On Friday, March 5, the GNN filed a Notice of Application in the Federal Court seeking judicial review of the Minister’s decision, made on or about February 19, 2021, to authorize a commercial herring fishery in Pacific Fisheries Management Area 10.
• GNN is also seeking an injunction prohibiting DFO from opening the commercial herring fishery in Area 10 on Monday, March 15, pending hearing of the Judicial Review.
• GNN maintains that the Minister’s decision is inconsistent with the honour of the Crown, and a breach of the duty to consult and accommodate GNN’s Aboriginal rights and title, claiming that their traditional herring fishery is located in Area 10. GNN also claims that the Minister’s decision authorizing the opening of commercial herring fishery in Area 10 is unreasonable, based on inadequate and unreliable data, and inconsistent with the Minister’s duty to conserve the resource and the precautionary management approach.
• The Court has provided direction that the injunction motion will be heard at 9:30AM, Monday March 15, 2021. The Court has additionally provided direction that the Department of Fisheries has undertaken not to open the commercial herring fishery in Area 10 before the earlier of March 18, 2021 or, if the injunction motion is denied, the date of the Court’s decision.
• Crown Indigenous Reconciliation and Northern Affairs Canada will be tabling the Gwa’sala-Nakwaxda’xw Nations Transition to Stage 5 and Treaty Revitalization Agreement at the Federal Officials Group/Federal Steering Committee in the next month and will be seeking support from the Department to advance the development of fisheries mandate with the Gwa’sala-‘Nakwaxda’xw Nations (GNN). The GNN have expressed frustration with the pace of these discussions, and their perspective is that DFO is causing these delays.

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