| NASAPI workplan Dec 2009 |
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Aquaculture Community Sessions (February and March 2010)
Purpose of the Community Sessions: The focus of these meetings was to explain the move by Canada to develop a new regulatory framework for British Columbia aquaculture, provide First Nations with some background and analysis, and to allow First Nations the opportunity to clarify or ask questions of DFO. The approach DFO has taken is to develop a series of questions related to the development of the new regulatory framework. The DFO discussion paper is available here. Background Papers: The Fisheries Council has developed a number of background papers in response to DFO's questions. First Nations interested in attending the community sessions were encouraged to review these papers before attending the meetings. For the Overarching Discussion Piece, please [download PDF] The discussion paper contains a synopsis of each of the pieces, as well as information on the process of the FNFC, background on the FNFC and overarching recommendations and next steps. For the Review of Strategic Questions, please [download PDF] For the Ratcliff & Co. Legal Opinion Summary, please [download PDF] The full legal opinion was available at the community sessions. For the Review of previous Policies and Reviews on Aquaculture, please [download PDF] For an Introduction to Aquaculture: A Primer on the Industry, please [download PDF] Contains broad background information and introductory information on aquaculture. Please note: This document is in draft format and is subject to change. For the Federal Aquaculture Regulation and Strategic Planning Initiative, please [CLICK HERE] The FNFC's work has focussed on trying to increase capacity among British Columbia First Nations with respect to aquaculture, without taking a position itself. The Fisheries Council is encouraging First Nations who feel their rights may be impacted by the new regulatory framework to contact DFO directly to arrange for consultation with their community. .............................................................................................................................................................. Aquaculture Update - December 14, 2009: As a result of the ruling in the British Columbia Supreme Court Case (“Morton”) in February 2009, DFO recently (late October/ early November) received a mandate from Cabinet to commence the jurisdictional changeover for the aquaculture industry. The Court ruled that the previous system, where the federal government delegated management authorities to the provinces through an MOU was illegal. The courts determined that aquaculture was actually a fishery and fell under federal jurisdiction. The mandate received was to negotiate the changeover for finfish aquaculture from provincial to federal jurisdiction. This may also affect shellfish aquaculture, but Canada has asked for clarification on this aspect. At this point shellfish aquaculture may be included. The development of the new regulatory framework for B.C. is expected to play an important and formative role in the more broad transfer of jurisdiction across Canada back to the federal government. In November DFO drafted a document to focus discussion on the drafting of new regulations in B.C. which need to occur to support the jurisdictional changeover. The Discussion Document, DFO’s Federal BC Aquaculture Regulation & Strategic Action Plan Initiative: Discussion Document, in broad stokes outlines the areas of regulation which are changing from Provincial to DFO jurisdiction. The DFO Discussion Document contains 27 strategic questions to guide the consultations in B.C. and assist in the gathering of useful feedback. Given that the DFO Discussion Document was not released until November 2009, and the original ruling of the BC Supreme Court in the Morton Case gave a deadline of February 2010 for the jurisdictional changeover to take place, DFO is in danger of not meeting the court-imposed deadline. They have therefore approached the Courts to seek an extension for the changeover. The proposed extension would move the deadline to December 11, 2010. Anticipating the consultation process associated with a jurisdictional changeover, and the imperative that First Nations in B.C. play a key role in these negotiations, the First Nations Fisheries Council entered into a discussions (under the umbrella Commitment to Action) with DFO with respect to aquaculture. To gather input and guidance from B.C. First Nations, on September 15, 2009 the FNFC and AWG co-hosted a meeting open to all First Nations in B.C. to discuss aquaculture and how First Nations would like to be involved in upcoming regulatory reform process. The result was the drafting of two resolutions, which were subsequently endorsed by the B.C. Assembly of First Nations, the First Nations Summit and the Union of B.C. Indian Chiefs. The resolutions, B.C. First Nations Statement of Jurisdiction on Aquaculture and the B.C. First Nation’s Statement of Solidarity on Aquaculture, provide clear direction to the FNFC and the AWG on the expectations of B.C. First Nations in terms of involvement in the current regulatory regime shift for aquaculture in B.C. The Statement of Solidarity on Aquaculture outlines four main areas in which First Nations want to be involved: the siting of farms, involvement in the day-to-day management of farms; informing the science which is used to guide the industry and regulations; and involvement in the monitoring and compliance of farming operations. The Statement of Jurisdiction on Aquaculture empowers the FNFC and the AWG to engage senior decision makers and ensure the interests of First Nations are meaningfully considered in the regulatory reform process, and to facilitate an effective consultation process with B.C. First Nations. Moving Forward: Empowered by the two resolutions passed in September 2009 and the Commitment to Action with DFO, the FNFC is finalizing a proposed work plan on the aquaculture file for the duration of the regulatory redrafting. The FNFC is looking for input and recommendations on this proposed work plan. The work plan will be implemented under strict time restraints, as the draft of regulations governing the aquaculture industries in B.C. must be completed by DFO in April 2010, to allow adequate time for legislation to be established by the December 2010 court imposed deadline. The December 2010 deadline represents a negotiated extended deadline, and is not confirmed as of yet (decision will be released on December 23, 2009). This deadline, if approved, represented a firm deadline that cannot be re-extended.
DFO will be engaging in a consultation process with all stakeholder groups and with B.C. First Nations to gather their input and recommendations on proposed regulatory framework. This process is already underway, with multi-stakeholder “pre-consultation” meetings being held by DFO in Campbell River December 10/11, 2009. The Aboriginal Aquaculture Association is also hosting a meeting which will provide similar background information Monday December 14, 2009.
The FNFC and AWG have met with senior DFO representatives from Ottawa to discuss expectations relating to effective consultation. They have been very clear with DFO that none of their actions can be construed as the FNFC/AWG fulfilling DFO’s consultation obligations, as the FNFC and the AWG are not rights holders, nor does the FNFC/AWG speak on behalf of B.C. First Nations. The FNFC and AWG have affirmed that their role is to help develop an effective consultation process and to make the necessary information available to First Nations in B.C. so that they may meaningfully engage in the consultation process with DFO.
The FNFC /AWG are recommending the following process:
Ongoing - Late January 2010:
The FNFC is in the process of gathering the necessary information B.C. First Nations require in order to meaningfully engage in the upcoming consultation processes with DFO. This includes:
This information will be compiled into one/two discussion pieces, which will robustly detail the implications of this regulatory process on the rights and title of B.C. First Nations. They will be tools which the Council will make available to B.C. First Nations, prior to the period of consultation where communities will be meeting with DFO to provide feedback on the proposed regulatory framework. It is the hope of the Council that this foundational work will allow B.C. First Nations to engage with DFO in a meaningful manner, providing constructive advice and recommendations into the process of drafting new regulations.
February 2010:
The FNFC has proposed that DFO engage in a minimum of 8 regional consultation sessions be hosted around B.C. to gather feedback and direction on the regulatory framework. These regional sessions will serve to ground truth the work of the Council and ensure that the discussion pieces adequately highlight the concerns, thoughts and perspectives of B.C. First Nations. The intent is to create finalized documents, which will be useful to B.C. First Nations in the consultation processes with DFO.
Due to budget and time constraints, the FNFC has recommended that a minimum of 8 regional sessions take place around B.C., with First Nations being given the option of participating in these sessions or to request individual bilateral sessions with DFO. The following locations have been put forth as possibilities to gather the widest range of participation – Lower Mainland/Vancouver, Nanaimo or Campbell River, Bella Bella/Bella Coola, Port Hardy and/or Alert Bay, one in the interior (perhaps Kelowna), Prince George, Prince Rupert, and a session on Haida Gwaii .
In this process any First Nation community has the option of participating in a regional session or can approach DFO individually and request direct bilateral consultation. The FNFC strongly recommends that First Nations wanting more engagement/information on this process to contact DFO as soon as possible to arrange a community meeting.
Following consultation sessions in February the FNFC plans to develop a summary of the recommendations received which will be distributed both to DFO and to First Nations communities. It is expected that further developmental work would take place from March to December of 2010 with respect to the development of the guidelines and policies related to the aquaculture industry transfer to federal jurisdiction.
The FNFC is committed to making this process as meaningful as possible for B.C. First Nations communities. For additional resources related to Aquaculture, please [CLICK HERE] .............................................................................................................................................................. Aquaculture Meeting - September 15, 2009: On September 15th, 2009 the First Nations Fisheries Council and the Aquaculture Working Group co-hosted a First Nations Aquaculture Meeting open to all BC First Nations leaders and support staff. The purpose of the day was twofold: 1) to discuss the current jurisdictional shift occurring within the finfish aquaculture industry (with the lead role transferring from the Ministry of Agriculture and Lands (MAL) to the Department of Fisheries and Oceans (DFO) as a result of the Morton case); and 2) to seek advice on what role the First Nations Fisheries Council and the Aquaculture Working Group should play in advocating for the interests of First Nations within this context. It was hoped that the main outcome of this gathering would be a “Statement of Solidarity” amongst First Nations, setting out principles and values common to First Nations as it relates to aquaculture, and a draft Statement was prepared in advance to stimulate discussion. Twenty-nine participants attended the First Nations Aquaculture Meeting, from the North and South Island, the Fraser Valley and the Interior. The meeting was chaired by Chief Robert Chamberlin, Chair of the Aquaculture Working Group. The discussions and points of view were diverse, with a number of important concerns and recommendations being put forward for consideration. Click here for the minutes from the meeting. As it relates to the proposed statement of solidarity, the recommendation from the participants was to replace the one draft statement with two documents – a resolution (to be put forward at the UBCIC, FNS and BCAFN) focusing on the Morton case, and a statement of solidarity. The Morton resolution focused on the fact that First Nations have jurisdiction for fisheries and aquaculture, and called upon the First Nations Fisheries Council and the Aquaculture Working Group to engage with senior officials of DFO and MAL with the goal of actively including First Nations interests in any discussions relating to the implementation of the Morton decision. Click here to see the resolution on the Morton decision, which was passed at UBCIC The second document was a statement of solidarity (also to be put forward for resolution of the UBCIC, FNS and BCAFN) that sets out a series of principle statements for aquaculture that are all based upon First Nation jurisdiction, title and rights, including the right to be involved in decision-making as it relates to aquaculture, and that build upon the UN Declaration on the Rights of Indigenous Peoples. This statement also calls upon the First Nations Fisheries Council and the Aquaculture Working Group to communicate the principle assertions outlined in the Statement to federal and provincial governments, and to advocate for the engagement of First Nations in aquaculture decision-making. Click here to see the resolution supporting the statement of solidarity, which was passed at UBCIC. |
