Course:CONS370/Projects/The herring fishery in the Georgia Strait, British Columbia, Canada: an exploration of multi-level governance, contradictions and consequences

Figure 1: A shaded-relief map showing the Strait of Georgia, located between Vancouver Island and Metro Vancouver.

Figure 2: The red zone indicates the territory of the Heiltsuk Nation, located on the central coast of BC in the community of Bella Bella.

Figure 3: Pacific Herring

Our case study analyzes the social, environmental, economic and political impacts of the Georgia Strait herring fishery, experienced by the adjacent coastal communities and First Nations groups. Many First Nations including the Heiltsuk Nation have had their customary rights and access to marine resources hampered as a product of mismanagement, over-harvesting and the widespread decline of Pacific Herring, Clupea pallasii, populations. Despite overwhelming contention, the Department of Fisheries and Oceans Canada (DFO) has already made plans to reopen the fishery in 2020 for yet another season. In this case study, we will outline the various political structures and administrative arrangements that perpetuate this environmental and cultural degradation. Furthermore, we will highlight both the affected and interested stakeholders, intertwined in the herring industry. Finally, we will recommend a path forward that incorporates First Nations knowledge and values, allowing the herring populations to replenish and the Heiltsuk Nation to freely access marine resources once more.

Description

Area of Focus:

Our case study examines the Georgia Strait, a segment of the Pacific Ocean, situated between Vancouver Island and the mainland, including Metro Vancouver (Fig. 1). The strait provides habitat for an abundance of marine life as well as a variety of marine resources to the surrounding coastal communities. British Columbia’s coastline is the traditional, ancestral territory of numerous different First Nations groups. For the purpose of this study, we will be focusing on the Heiltsuk First Nation, located on the central coast of BC, in the community of Bella Bella (Fig. 2).

History:

The commercial harvesting of Pacific Herring has been present in British Columbia since the late 18th century (Fisheries and Oceans Canada, 2019). Since that time, herring stocks have dramatically declined over much of their range (Rudisuela, 2019). In contrast, oral histories and archaeological data reveal the consistent abundance of herring stocks, leading up to the time of the first industrial fishery in this area (McKechnie et al., 2014). First Nations groups such as the Heiltsuk Nation have shaped many of their customs and traditions around their relationship with herring, including songs, landscapes and traditional ecological knowledge (TEK), passed down from generation to generation.

Tenure arrangements

R v Gladstone (1996)

The Indigenous peoples on the central coast of British Columbia, Canada have depended on forage fish for food, social, ceremonial, and economic purposes since their inception. Access to these resources has been continually suppressed by colonial powers. In an attempt to regain authority and managerial rights over the herring fisheries in their traditional territories, indigenous peoples have been forced to take legal action against the Crown (Gauvreau et al., 2017). In the case, R. v. Gladstone, William and Donald Gladstone were members of the Heiltsuk Band in British Columbia. they were both charged with selling herring spawn contrary to the federal Fisheries Act. In their defence, the brothers claimed that they had a right to sell herrings under section 35 of the Constitution Act, 1982. The Supreme Court of Canada confirmed the rights of Heiltsuk First Nation to harvest Pacific herring spawn for food, social, ceremonial, and economic purposes within the boundaries of their traditional territory (R. v. Gladstone,1996). This landmark decision reflects the fact that the right and ability to fish and steward herring is tightly linked to Heiltsuk history, social relations, economies, and physical wellbeing (Lane, 1990). In spite of cases such as the 1996 Gladstone, distrust between the DFO and First Nations Groups still continue today (Pugh, 2003).

Ahousaht Indian Band and Nation v. Canada (2013)

Twenty years after the Heiltsuk established their rights in the R. v. Gladstone decision, DFO and Heiltsuk leaders are still engaged in a reconciliation process in which they are negotiating accommodation options with regard to Heiltsuk loss of access to this fishery under DFO management. The Heiltsuk Tribal Council (HTC) and the Gladstone Reconciliation Society were dissatisfied with what they saw as an antiquated approach to the consultation and negotiation process, and DFO’s reluctance to share power (HTC, 2011). On July 2, 2013, the British Columbia Court of Appeal released a decision recognizing the Aboriginal rights of First Nations on the west coast of Vancouver Island to the commercial herring fishery. Although geographically adjacent to the Georgian Strait, the principles are the same. The Nuu-Chah-Nulth tried to show that evidence of its pre-contact practices meant that it had the Aboriginal right to commercial fishing today. The trial judge accepted this argument. Canada unsuccessfully appealed the decision to both the BC Court of Appeals and the Supreme Court of Canada. “The sum of the evidence supports the claim of the appellants that commercial trade in herring spawn on kelp was an integral part of the distinctive culture of the Heiltsuk prior to contact” (Ahousaht Indian Band and Nation v. Canada 2013).

Administrative arrangements

Does a limited quota system work?

The conservation of global marine species has become a priority of both state and industry. One of the leading forms of marine conservation in the context of marine harvesting is the limited quota system (Acheson et al,. 2015). It incorporates constant stock monitoring and annual scientific estimations. First, the regulatory entity sets a species-specific total allowable catch (TAC), typically by weight and for a given time period. These quantities are calculated by scientific experts within the field using previous return data and population trends (Acheson et al,. 2015) . The TAC for a given year or season is then divided up amongst registered applicants. Individual quotas can typically be bought, sold and leased, a feature called transferability. Individual transferable quotas (ITQs) have become a popular management tool for fisheries all around the world. The annual control on harvest levels allows scientists the ability to efficiently monitor and manage species abundance and health, ensuring the longevity and prosperity of the fishery (Acheson et al,. 2015).

Fig 4: Purse seining for herring.

After the complete herring stock crash in 1960 the fishery was closed for the following 4 years with the short life history of herring, the stock was able to rebound back to adequate levels. The ITQ system was introduced following this 4 year closure in 1974 in an attempt to mitigate future damages (Stocker, 1993).

Herring Licenses

The harvesting of herring roe is divided up into two license categories. A commercial or communal commercial Roe Herring by seine licence (category HS or FHS) or by gillnet licence (category HG or FH) is required to commercially fish for Roe Herring. Roe Herring licence eligibility are limited entry and party based, and licence eligibility holders must annually select a harvest area. In order to be eligible for a HS or HG Roe Herring licence, you must be nominated from one party to another (Department of Fisheries and Oceans 2019). There are no restrictions as to who may be nominated for a full fee Roe Herring licence. The communal commercial licences (FHS & FH) are recognized and are allocated to acknowledged and reconciled Indigenous commercial fisheries only. A commercial or communal commercial Spawn on Kelp licence (J or FJ) is required to commercially harvest Spawn on Kelp. Spawn on Kelp licence eligibility are also limited entry (Department of Fisheries and Oceans 2019).

Aboriginal commercial fishing rights

The aboriginal herring fishery for Food, Social and Ceremonial (FSC) focus primarily on herring spawn on kelp and/or spawn on bough. recreational herring fishing is minimal. Most of the commercial spawn on kelp fishery is aboriginal, 37 out of 46 licences are held by aboriginal groups or individuals (Gauvreau et al., 2017). The Pacific Integrated Commercial Fisheries Initiative (PICFI) was launched in 2007 to promote increases in First Nations' access to the commercial fisheries in British Columbia (Pepper, 2012). Based on the annual TAC, first nations groups are given a portion of the total number of licenses. In 2012, although the fishery was closed, DFO allocated 15.5 roe herring gillnet licences and 0.5 roe herring seine licences to the plaintiffs through PICFI.

Figure 5: Kelp herring roe

Private commercial rights

Recent reports and research on the B.C. salmon and herring fisheries indicate that a small number of holders control a disproportionate number of licenses and quota. As a private operator you may purchase or lease licenses. Each license allows the catch of an annual amount determined by the total TAC. 20% of the total allowable catch for 2017 in the Strait of Georgia equated to 27,900 tons. A majority of the harvested roe is sold to Japanese markets, in 2017 the fishery created $27.5 million for B.C. economy (BC ministry of Agriculture, 2017).

Affected Stakeholders

There are two primary stakeholders involved in this case study and each has different goals and objectives for the herring industry. Despite internal disagreements, various stakeholders and First Nations work collaboratively with the DFO to provide knowledge and expertise in an effort to better inform management decisions and improve stock assessments. While work is being done to include First Nations knowledge and management techniques, an imbalance of power has made these efforts challenging, as the federal government has ultimate discretionary power surrounding Canada's oceans and waterways (Fisheries and Oceans Canada, 2019).

Hieltsuk Nation

Heiltsuk territory is comprised of 35,553 sq. kilometers on the central coast of British Columbia (Moody-Humchitt & Slett 2015). The Heiltsuk First Nation have occupied this territory for thousands of years, exercising political authority and jurisdiction over these lands and waters, long before the assertion of European sovereignty. Having never surrendered the title to their homeland, they have customary rights to the land and access to the adjacent marine resources. As stated in the Declaration of Heiltsuk Title and Rights, the Heiltsuk Nation remains committed to upholding stewardship responsibilities to ecosystem-based management over their land, water, and resources (Moody-Humchitt & Slett 2015).

In recent years, the Heiltsuk Nation has expressed concerns over the spawning biomass of Pacific Herring as a result of DFO management. The Heiltsuk Nation would like to continue to exercise their right to traditional practices and derive economic benefits from the waters within their territory.

The Department of Fisheries and Oceans Canada (DFO)

The Department of Fisheries and Oceans Canada (DFO) is a federal government program, responsible for the political, economic and ecological management of Canada's oceans and inland waters. Each year, the DFO releases its Integrated Fisheries Management Plan (IFMP) to identify and communicate management objectives for the coming year. This plan includes a biological assessment of Pacific Herring stocks, economic analysis and highlights various management measures that must be taken into account (Fisheries and Oceans Canada, 2018). The DFO has a wide range of responsibilities and objectives surrounding the Pacific Herring industry. While the primary focus of the DFO is to protect and conserve the ecological integrity of Canada's oceans, the DFO is also responsible for the economic prosperity of the fishing industry.

Interested Outside Stakeholders

Herring Conservation and Research Society (HCRS)

The Herring Conservation and Research Society (HCRS) is an important contributor to the research and assessment of herring stocks in the Salish Sea. The HCRS has implemented the testing and evaluation of herring stocks along B.C's coastline each year since 1996. By supporting the DFO with advanced testing and research, the HCRS plays a direct role in the management of herring to ensure that all harvesting is kept at a sustainable level (Fisheries and Oceans Canada, 2018). While the research that the HCRS performs is crucial for determining the commercial harvest quota, the DFO has proven through past decisions that these third party organizations have very little power in forming and finalizing legislation. Time and time again, the DFO has disregarding warnings from the HCRS and proceeded to make decisions based on economics rather than science.

Pacific Wild

Pacific Wild is a wilderness protection agency based on the Great Bear Rainforest. They work on the frontline to protest and create campaigns that attract international attention and support for wilderness protection. Additionally, Pacific Wild works to create sustainable environmental solutions and conservation proposals in collaboration with First Nations communities, scientists and other important stakeholders. Pacific Wild has made various efforts to ban the Pacific Herring fishery in the Georgia Strait through documentation, newsletters and physical protests (Pacific Wild, 2019).

Fig 6: A school of herring.

Conservancy Hornby Island

Similar to Pacific Wild, Conservancy Hornby Island is an organization that is dedicated to supporting local and region conservation efforts (Conservancy Hornby Island, 2019). In October of 2019, Conservancy Hornby Island launched an online petition to send to the Minister of Fisheries and Oceans, MP Bernadette Jordan. By March 2020 that petition has over 150 thousand signatures and is growing by the day (Change, 2019). This online campaign is only one of the movements that has been created to stop the mismanagement of herring stocks in the Salish Sea. countless other petitions and campaigns can be found in opposition to the fishery.

Discussion

Social

The vocalized concerns of the Heiltsuk people highlight a divide between the crown and the local indigenous population. While peaceful agreements have been made between the DFO and the Heiltsuk community with the Joint Fisheries Management Plan, it has taken decades for their voices to be heard (Department of Fisheries and Oceans, 2018). The cultural value of these fishing ways has been integral in the Heiltsuk livelihoods for millennia, and to maintain their way of life, access and roles within the industry should be without question.

Economic

Once considered the largest fishery in BC, the commercial harvesting of Pacific Herring has a long-standing history in Canada (Cashion, 2019). Not only do herring create employment within the fishing industry but they indirectly generate revenue for BC's commercial fisheries and First Nations through their role as prey for larger more commercially valuable species (Fisheries and Oceans Canada, 2019). As Pacific Herring stocks continue to dwindle, the profitability of harvesting decreases as well, not to mention that changing preferences have lead to a decreasing demand. Herring that once sold for $2,880 per ton in 1990 now only sells for $840 (Pacific Wild, 2019). With the $40 million industry it is, the herring fisheries provide livelihoods for many people and stimulate our local and global economies. Transparency between government and indigenous communities is a valuable asset with resource based economies. And tenures such as the Joint Fisheries Management Plan are a start to ending conflict between these two groups.

Sustainability

Voiced concerns pertaining to over fishing have been stated by the Heiltsuk people, and historically have not been heard. The result of that ignorance is seen in the 1960 herring crash (Acheson et al., 2015). As of late with the growing concerns for the environment and indigenous rights, more and more efforts are being diverted to sustainability in natural resource industries. While efforts are being made with the TAC and other safeguards to manage population size, more can always be done and with more inclusion of the Heiltsuk people's long term sustainability goals will be more attainable.

Assessment

In accordance with part V of the United Nation Convention on the Law of the Sea (Law of the Sea: United Nations Convention, 2019) Canada’s government holds the majority of power in determining access and restrictions in its waterways. With warranted Indigenous resistance across several industrial fish farms in BC, Canada’s colonial rooted tenure systems give these communities limited power on the governing level to voice their concerns. In situations where Indigenous views are heard such as with the Joint Fisheries Management Plan, the overarching power is still held with the DFO (von der Porten et al., 2019). While von der Porten does highlight indigenous push back for independence in deciding how to manage their lands, more can be done on the DFO’s side to better heed the words of the Heiltsuk people. The suppression of local heritage and fishing operations has left a divide in this industry between the crown and indigenous groups. With limited land decision power, indigenous communities have been struggling to have their voice heard and this suppression has let industries expand their fishing range while pushing out traditional techniques and sustainable practices.

Recommendations

Policy

As a measure to increase the accuracy of stock assessments and better integrate the traditional ecological knowledge (TEK) of First Nations groups, we recommend that the DFO create a subsidiary program, dedicated to the recovery and re-establishment of Pacific Herring within the Salish Sea. The creation of a federal board, consisting of First Nations groups, DFO members and environment scientists would allow more collaborative management and improved environmental stewardship to ensure that herring stocks are not over harvested. Not only would this board work to assist the DFO with environmental goal setting, but it would ensure that future environmental policy is in the best interest of local communities and First Nations groups. This will allow the Heiltsuk Nation to resume their traditional practices with less interference from the commercial industry.

Close the Fishery Already!

Our oceans' biodiversity is not a joke. Pacific Herring are a major proponent of energy transfer between trophic levels, fueling the consumption of countless different organisms, both in the sea and on land (Pacific Herring, 2014). The loss of Pacific Herring means the reduction in neighboring species like Chinook Salmon and Killer Whales, which are both monumental to First Nations traditions. We therefore recommend that the herring fishery be limited to Aboriginal fishers only.

The health of Canada’s oceans, economy and coastal communities is dependent on the protection of Pacific Herring stocks in the Salish Sea.

References

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Cashion, T. (2019). The Economic Value of Pacific Herring in the Strait of Georgia | Pacific Wild. Retrieved from Pacific Wild website: https://pacificwild.org/the-economic-value-of-pacific-herring-in-the-strait-of-georgia/.

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This conservation resource was created by: Ryan Fitzgerald, Alex Schmaling and Ben Carbell