B.C. First Nations claim fish farm licences infringe upon Aboriginal fishing rights

British Columbia's 'Namgis and Kwikwasut'inuxw Haxwa'mis First Nations accuse Canada's fisheries department of being "beholden" to the salmon farming industry, as they gear up for yet another showdown in court with the federal government.

The nations announced Tuesday that they are taking the federal government and two fish farm companies to court trying to overturn a decision that allows the farms to continue to operate off B.C.'s coast for another five years.

'Namgis Chief Victor Isaac said at a news conference Tuesday that by renewing the licences, the fisheries department "has shown, once again, no respect for our territories."

"Everything we do is about salmon," Isaac said.

The fisheries department had been phasing out fish farms, he said, but last month the fisheries minister extended licences for another five years for Grieg Seafood and Mowi Canada to continue to run 14 farms along B.C.'s coast.

Those opposed to the salmon farms, including environmentalists and several First Nations, say the open net-pen farms transfer disease to wild salmon as they migrate past.

Kwikwasut'inuxw Haxwa'mis Chief Rick Johnson said there's been "great frustration" about declining salmon populations, calling the fish their "most precious resource."

Johnson said the commitment to phase out fish farms caused excitement at the time, but the prospect of another five years of the industry operating is unsustainable.

"Our responsibility as chiefs is the protection of wild salmon and we've known for a long time now that the Department of Fisheries and Oceans' mandate is not to protect wild salmon. It is there to make sure that the industry can do what they want."

The 'Namgis' court application claims fish stocks of pink, coho, chinook and sockeye salmon have become "severely depleted," prompting the nation to stop fishing for those stocks in Nimpkish River, build a hatchery and start a pilot project for a land-based fish farm facility.

The application says the fish farms licensed by the minister are "along crucial choke points of the migratory routes of wild Pacific salmon" that the nation has been fishing for since "time immemorial."

It says the minister is mandated to protect and conserve fish, but the fisheries department has allegedly ignored that mandate since it began regulating aquaculture, and the department's "history of mismanagement, regulatory capture, and bias is notorious."

The fisheries department said in a statement that it was aware of the cases, but as the matter is now before the courts, it would be inappropriate to comment further.

Grieg Seafood and Mowi Canada did not respond to requests for comment on the First Nations court applications.

The Kwikwasut'inuxw Haxwa'mis First Nation's application says the federal government made the decision to licence the fish farms without proper consultation, despite "the increased threat to already declining migrating wild salmon posed by the ongoing operation of the fish farms."

"For consultation to be meaningful, a decision-maker must engage in consultation efforts in good faith and with an open mind," the application says. "A consultation process that provides no opportunity to inform or change the course of the decision is merely an opportunity to 'blow off steam.'”

The 'Namgis' application says the decision to give licences to Grieg and Mowi's fish farms for another five years "creates a direct risk to the survival of wild Pacific salmon" and the nation's ability to continue exercising its Aboriginal right to fish.

'Namgis hereditary Chief Ho'miskanis, also known as Don Svanvik, said Tuesday that the announcement of a fish farm ban brought a "glimmer" of hope, but the licence renewals mean five more years of inadequate enforcement for an industry allowed to "police itself," he said.

"I don't know anywhere in the world where policing oneself has worked," he said.

Bob Chamberlin, Chair of the First Nation Wild Salmon Alliance, said the fisheries department is "beholden" to the salmon farming industry, and the fear is that the five year period will see the farms ramp-up operations.

"The concern is they're going to plug every farm full for five years and amplify what's already impacting beleaguered salmon runs across B.C.," he said.

This report by The Canadian Press was first published July 30, 2024