SHARED RESPECT. SHARED PROSPERITY. Fisheries

The Maa-nulth Final Agreement was negotiated by the Government of , the Government of and the Maa-nulth First Nations. The five Maa-nulth First Nations are First Nation, Huu-ay-aht First Nations, Toquaht Nation, Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations, and Uchucklesaht Tribe, all located on the west coast of Island. The Maa-nulth First Nations represent about 2,000 people. Maa-nulth means “villages along the coast” in the Nuu-chah-nulth language.

The Maa-nulth Final Agreement is among the first Final Agreements reached in the province under the British Columbia treaty process. The Final Agreement sets out each Maa-nulth First Nation’s rights and benefits respecting land and resources, and self-government over its lands and resources and its citizens. The Final Agreement provides certainty for all parties with respect to ownership and management of lands and resources and the exercise of federal, provincial and Maa-nulth First Nation governmental powers and authorities.

The negotiation of a Final Agreement marks Stage Five of the six-stage British Columbia treaty process, and is the conclusion of substantive treaty negotiations. Once ratified by all parties, the Final Agreement will become a treaty through legislation. It will be a constitutionally-protected legal agreement which creates mutually binding obligations and commitments.

FISH CAUGHT FOR FOOD, SOCIAL AND CEREMONIAL Campbell River PURPOSES Kyuquot Powell Sound River Under the treaty, each Maa- Gold River nulth First Nation will have Courtenay the right to harvest fish and aquatic plants for food, social and ceremonial purposes, Pacific limited by measures necessary Ocean for conservation, public health Ucluelet Bamfield or public safety. This right will Map Extent Barkley be exercised within a defined Sound geographic area known as Pacific Ocean the Maa-nulth Domestic Fishing Area, as described U.S.A. Legend in the Final Agreement. Maa-nulth Domestic Fishing Area

Fish caught for food, social and ceremonial purposes

MAA-NULTH FINAL AGREEMENT The Final Agreement provides » : 90 short tons First Nations, allocations for related matters. The committee the following harvesting food, social and ceremonial may make recommendations » : 26,000 pounds allocations for the Maa- purposes for other fish species. to the Minister of Fisheries and plus 0.39 per cent of nulth First Nations: Oceans on these matters. the Halibut Canadian Each Maa-nulth First Nation Total Allowable Catch » Ocean Chinook : will have the right to trade The Maa-nulth First Nations will

abundance-based » Rockfish: 11,250 pounds and barter fish caught for prepare an annual fishing plan formula of 1,875 pieces plus 2.46 per cent of the food, social and ceremonial for the harvest of fish under plus 1.78 per cent of the West Coast of Vancouver purposes among themselves their treaty fishing rights. The Ocean Chinook Canadian Island ZN Category Licence or with other Aboriginal JFC will review the plan and Total Allowable Catch Rockfish Commercial people of Canada. Trade and forward any recommendations Total Allowable Catch of barter does not include sale. to the Ministers. » Ocean Coho Salmon: yelloweye, quillback, copper, fixed number of 7,000 pieces The Final Agreement also china and tiger rockfish FISHERY provides for the Maa-nulth » Pink Salmon: fixed MANAGEMENT AND » Groundfish: 13,000 pounds First Nations’ participation or number of 7,250 pieces, CONSERVATION representation in any multi- over a two-year period » Sablefish: abundance-based Canada and British Columbia sectoral fisheries advisory formula of 0.082 per cent retain authority to manage and » Somass Sockeye Salmon: process for the west coast of the Sablefish Canadian conserve fish, aquatic plants abundance-based formula of Vancouver Island, should Total Allowable Catch and fish habitat, according to based on a percentage of one be established. their respective jurisdictions. Somass Sockeye Canadian » The allowable catch from Each Maa-nulth First Nation Total Allowable Catch, and specified inter-tidal bivalve government will have law- MAA-NULTH capped at 22,886 pieces beaches, subject to existing making authority with respect COMMERCIAL interests on those beaches » Henderson Sockeye: to the internal regulation FISHING abundance-based formula of their fisheries, including Maa-nulth commercial fishing Allocations for the Maa-nulth based on a percentage who can participate in the will be fully integrated within First Nations to harvest terminal of Henderson Total harvest of fish and how the the general commercial fishery returns of chinook, chum, coho, Allowable Catch, and harvest will be distributed. on the west coast of Vancouver Jensen Lake sockeye and Power capped at 17,055 pieces Island. Resources will be Lake sockeye are also described Canada and the Maa-nulth First available for the Maa-nulth » Fraser River Sockeye: in the Final Agreement. Nations will establish a Joint First Nations to obtain access abundance-based formula Fisheries Committee (JFC) to to the commercial fishery. This of 0.13366 per cent of The Final Agreement sets out undertake cooperative planning access will be obtained from the Fraser River Sockeye a process to establish, at the for Maa-nulth First Nation within the existing commercial Salmon Canadian Total request of Canada, British fishing, fisheries management fishery in the same manner Allowable Catch Columbia or the Maa-nulth activities and other fisheries- as for all other fishers. 1

1 The process involves an existing licence holder willingly relinquishing a licence and nominating Maa-nulth to be issued an equivalent licence.

MAA-NULTH FINAL AGREEMENT Licences issued to Maa-nulth » Salmon: eight Salmon » Sablefish: 0.34 per cent of by moving Canada’s obligation will be fished according Area D Gillnet and the Sablefish Commercial to issue commercial licences to comparable terms and Area G Troll licences Total Allowable Catch for those species from the conditions as those for Maa-nulth Harvest Agreement » Terminal Salmon: » Prawn: one licence other licences in the general into the Maa-nulth treaty. one Area D Gillnet licence, commercial fishery. Maa- comparable to 20 per The Maa-nulth Harvest nulth commercial fishing cent of the Terminal Agreement is separate from the will not take place unless a Commercial Total Allowable treaty and is not constitutionally general commercial fishery Catch of Henderson Lake protected. Commercial fishing is open for a given species. sockeye and 25 per cent licences issued to Maa-nulth The same standards for catch of Terminal Commercial through the Harvest Agreement monitoring and reporting Total Allowable Catch of will be fished according will apply to Maa-nulth as to Jensen Lake sockeye to comparable terms and other commercial fishers. conditions to those for licences » Halibut: Halibut licence(s) held by other fishers in the The Maa-nulth First Nations’ comparable to 2.00 general commercial fishery. commercial fishing access per cent of the Halibut Federal and provincial laws for salmon, halibut, herring, Canadian Commercial will continue to apply with rockfish, sablefish, and Total Allowable Catch respect to the sale of fish. prawns may be included in the » Rockfish: Maa-nulth Harvest Agreement, Rockfish licence(s) up to a maximum amount. The AHOUSAHT ET AL. comparable to 2.6178 Harvest Agreement provides LITIGATION per cent of the Total for Canada to issue commercial If the highest court that Allowable Catch for fishing licences to Maa-nulth considers the Ahousaht et al. Outside Area Commercial and if this commitment is litigation rules that the plaintiffs Rockfish Licences terminated, compensation in that litigation have a right to fish commercially for a species may be payable to the » Crab: one Area E crab licence Maa-nulth First Nations. The described in the Maa-nulth maximum number of licences » Herring: four Roe Harvest Agreement, Canada that may be issued through Herring gillnet licences and British Columbia agree to the Harvest Agreement is: amend the Maa-nulth treaty

MAA-NULTH FINAL AGREEMENT If you would like more information about the Maa-nulth Final Agreement, contact:

Canada British Columbia Indian and Northern Affairs Canada Ministry of Aboriginal Relations British Columbia Region and Reconciliation 600 - 1138 Melville Street PO Box 9100 Stn Prov Govt Vancouver, BC V6E 4S3 Victoria, BC V8W 9B1 1-800-567-9604 1-800-880-1022 www.inac.gc.ca/bc/ftno www.gov.bc.ca/arr [email protected] [email protected]

MAA-NULTH FINAL AGREEMENT