When government policies destroy the environment, have they abrogated the right of citizens? This paper looks at this question from the perspective of Indigenous Peoples who have an explicit constitutional right to fish. Yet both the federal and provincial governments have accelerated the decline of Pacific Coast fisheries with policies that encourage overfishing, bad logging practices and now risk total collapse of the stocks with approval of fish farms up and down the coast. This a reprinted version of the 2002 Vol. 21 No.5

Wild Fish Need Wild Rivers & Oceans

Co-Published by Wilderness Committee & Union of BC Indian Chiefs, Vol. 21, No. 5 — FALL 2002

Resolution: Fish Farms

Union of British Columbia Indian chiefs Council - April 21, 1998

WHEREAS Salmon and all marine life are a vital resource to all Indiginous Nations, and any actions which treaten salmon or marine life threaten the well being and the livelihood of our Peoples; and

WHEREAS Scientific evidence has clearly established that salmon netpen aquaculture (“fish farms”) pose a very serious danger to wild salmon stocks and other marine life, including: disease; introduction of drugs and chemicals into the natural habitat, which can poison other marine life and build up in the food chain to poison our Peoples; pollution, including significant contamination of shellfish populations; redation on young stock; escaped farm salmon competing for food and habitat with wild stock

WHEREAS those Indigenous Nations on whose water fish farms are located experience immediate and destructive impacts, including the destruction of traditional harvesting grounds, and the poisoning of water and marine resources;

WHEREAS All Indigenous Nations who rely upon marine resources or salmon have our rights jeopardized and threatened by fish farms;

WHEREAS The Supreme Court of Canada, in the Delgamuuku descision, gave clear direction to both the federal and provincial government that Indigenous Peoples have a right in the Land (including waters), and a right to decide to what uses the land will be put. Certain government actions which impact Aboriginal Title Lands, such as fish farm operations, will require the full consent of the Indigenous Nation involved;

THEREFORE BE IT RESOLVED that the Union of B.C. Indian Chiefs is opposed to the lifting of the current moratorium on new fish farms; and

BE IT FURTHER RESOLVED that any use of Aboriginal Title Lands (including waters) for fish farms requires the full consent of all the Indigenous Nations who hold Aboriginal Title to the Lands, Waters and Resources which will be impacted; and

BE IT FURTER RESOLVED that the Union of B.C Indian Chiefs supports a “zero tolerance” policy on the approval of any new fish farms, or the extension of the existing fish farm licenes until:

  1. Existing fish farms have been removed from locations which permit them to infringe upon Aboriginal Title and Rights;
  2. Existing fish farms have been converted to safe, closed-looped containment systems;
  3. Regulations are in place requiring all new fish farms to employ safe, closed-looped containment systems, to standards acceptable to Indigenous Nations; and
  4. The consent of all Indigenous Nations whose Title and Rights will be impacted has been obtained.

Moved: David Hunt, Chair, Kwakiutl District Council

Seconded: Arthur Manuel, Chief, Neskonlith Indian Band

CARRIED UNANIMOUSLY