25.0 CONSIDERATIONS

25.1 INTRODUCTION

The VPA recognizes that First Nations may have a distinct interest in the proposed Deltaport Third Berth Project and have therefore undertaken a separate First Nations consultation process in addition to the public consultation program outlined in Chapter 6 Information Distribution and Consultation. This chapter provides a summary of the First Nations consultation program undertaken by the proponent during the early notification and pre-application phases of project development. It also includes an overview of traditional uses and archaeology resources. A list of references is also included (Section 25.8 Traditional Use References) to support the traditional use assessment.

25.1.1 Background

The VPA has prepared a container terminal expansion strategy, which includes the development of additional container facilities at VPA’s existing Roberts Bank Port facility located in Delta, . Deltaport, VPA’s existing container terminal at Roberts Bank, functions as a transshipment centre for the transfer of containers between marine vessels and inland transportation by road and rail. The proposed expansion includes two separate container terminal projects: the proposed Deltaport Third Berth Project and the Terminal 2 Project. The current consultation program deals only with the Deltaport Third Berth Project.

The proposed Deltaport Third Berth Project will add a third berth to the existing Deltaport Container Terminal. This requires the construction of a wharf to accommodate a third berth and construction of a fill area of approximately 20 hectares (50 acres) of land for an expanded container storage yard. The Project also includes:

• expansion of the existing ship channel to the north;

• creation of a tug moorage area adjacent to the north side of the third berth;

• relocation of a safety boat launch (currently located on the north side of Deltaport);

• addition of approximately 7,000 metres (23,000 feet) of rail track on the causeway and adjacent to Roberts Bank within BC Rail’s right-of-way;

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• on-site utilities, water and storm-water systems;

• one new truck exit gate;

• three new ship-to-shore gantry cranes and other land-based equipment;

• traffic management improvements on Highway 17;

• closure of the south leg of 57B Street from the 57B Street/Deltaport Way intersection and addition of a 5,000 ft (1.5 km) gravel farm access road within BC Rail’s right-of-way between 57B Street and 64th Street; and

• traffic management improvements on Highway 17.

To move forward with the Project, an Application for an Environmental Assessment Certificate pursuant to the British Columbia Environmental Assessment Act (2002) is required. This report is one of a series of reports prepared for the application to be submitted to the British Columbia Environmental Assessment Office (EAO), and the Canadian Environmental Assessment Agency.

25.1.2 Response to Terms of Reference

The Application for the Project Approval Certificate is guided by the ATOR for the proposed Deltaport Third Berth Project issued October 8, 2004. This report meets the following sections of the ATOR:

Table 25.1 First Nations Considerations Terms of Reference Coverage

Section of Terms Application Coverage Response in this Report of Reference 12.1 Identify Local First Nations 25.3.1 12.2 Consultation with First Nations 25.2, 25.3.2, 25.3.3 12.3 Study Areas 25.3.1 12.4 Project Setting - Traditional Use 25.5 Issues in Vicinity of Project 12.5 Project Setting – Archaeological Summary contained in Section 25.6, (info. also in Resources Chapter 18 Archaeology) 12.6 Project Setting – Socio and 25.3.3, 25.4 Economic Considerations 12.7 Potential Project Effects on First 25.3.3, 25.4 Nations Interests 12.8 Environmental Management Summary contained in Section 25.6.1 (info. also in Chapter 21 Environmental Management Program).

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Each First Nation has distinct issues concerning the Project and varying expectations for appropriate consultation. For example, some First Nations identified issues surrounding traditional use whereas others did not. The content within these sections therefore, reflect the variation of issues and concerns raised by each First Nation.

25.1.3 First Nations Provincial Consultation Policy

Court decisions have established that provincial government activities cannot infringe upon existing aboriginal rights and/or title without proper justification. The courts have stated that, where a First Nation has asserted but not yet proved aboriginal rights and/or title, there is a constitutional and fiduciary responsibility to consult and consider the interests being asserted. Actual proof of aboriginal rights or title is not required for the Crown to be obligated to consult.

In recognition of aboriginal rights and title the province of British Columbia released the First Nations Consultation Policy in October of 2002, which describes the province’s commitment and approach to consult with First Nations and address aboriginal interests before deciding upon actions that may affect those interests. As a result, this has placed the onus upon project proponents to consult with First Nations who may have an interest in a project that falls within, or close to, their asserted traditional territory.

25.1.4 Consultation and Environmental Assessment

The proposed Deltaport Third Berth Project requires approval under the BCEAA and an Environmental Assessment pursuant to the CEAA. A separate process for First Nations, distinct from public consultation, has become an integral component of a project review and is required for project approval by the BCEAO. The BCEAO expects project proponents to establish meaningful consultation with First Nations to address, and if necessary, accommodate First Nations interests.

25.2 CONSULTATION APPROACH

25.2.1 Objectives

The objective of the VPA’s consultation program is to identify, consult with, and if required, accommodate First Nations interests that are potentially affected by the Project with respect to

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aboriginal rights and title within asserted traditional territories. This objective is consistent with the provincial First Nations Consultation Policy (2002), and in accordance with BCEAA.

25.2.2 Scope of Consultation

The scope of the consultation program included engaging First Nations whose asserted traditional territories encompass the geographic area of activities arising from the development and operational life of the proposed Deltaport Third Berth Project. VPA has also expressed the willingness to acknowledge and address the issues of First Nations whose asserted traditional territories are not necessarily within the Project area but may nevertheless express an interest in the Project.

The scope of requirements the BCEAO places on a proponent conducting First Nations consultation include, but are not limited to:

• directly consulting with First Nations;

• carrying out the consultation program set out in the Application;

• reporting on consultation activities;

• reporting on the issues identified by First Nations during consultations; and

• reporting on how the proponent proposes to address and/or attempt to accommodate any potential adverse impacts to First Nations.

25.2.3 Methodology

The methods used to identify and engage First Nations that may have an interest in the Project include, but are not necessarily limited to:

• early identification and discussion with First Nations whose traditional territories encompass, or are in close proximity to the Project;

• distributing Project information and other related resources to allow First Nations to effectively participate in the consultation process;

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• acknowledging and identifying issues raised by aboriginal people and propose actions to address these issues;

• monitoring and evaluating the performance of consultation activities including issues tracking and follow up activities;

• inviting First Nations to be part of the decision making process such as participating in EAO working groups; and

• where possible, establishing agreements with the First Nations that provide for the protection of aboriginal rights.

25.3 CONSULTATION PROGRAM

The consultation program aims to identify and address all issues and concerns raised by First Nations throughout the following Project phases.

Table 25.2 Consultation Program

Phase Activity Timing Phase I Early Notification Spring 2003 Phase II Pre-Application Summer 2003 – Fall 2004 Phase III Application Review Early 2005 – Spring 2005 Phase IV Post-Approval and Construction 2005 – 2008

Phase I: Early Notification (Spring 2003) The main objectives for this phase were to:

• forward introductory letters to Chief and Council to notify them of the Project;

• conduct telephone discussions to identify initial First Nations interests and issues associated with the project;

• confirm an administrative contact person for distribution of project information; and

• meet with Chief and Council to provide a project overview, further identify interests and receive direction on future consultation requirements.

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Phase II: Pre-Application (Summer 2003 – Fall 2004) The main objectives for this phase are:

• present more detailed technical information (as it becomes available) and solicit input on it through an agreed upon process;

• provide regular Project updates to community/Band Council;

• respond to project inquiries;

• continue to identify issues and provide responses; and

• continue to document and summarise input received.

Phase III: Application Review (Early 2005 – Spring 2005) The main objectives proposed for this phase are:

• continue to discuss issues and how to maximise opportunities and minimize impacts;

• continue to provide information and obtain/document input;

• respond to enquiries; and

• provide project updates.

Phase IV: Post-Approval and Construction (2005 – 2008) The main objectives proposed for this phase are:

• communicate the results of the review process to the community;

• provide ongoing communications through construction and into operations; and

• implement and monitor environmental management plans.

The proponent has completed consultation for the first two phases of the Project. Phase III will be undertaken early in 2005 and Phase IV would proceed pending Project approval under provincial and federal review agencies.

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First Nations consultation activities completed for the first two phases of Project development include:

• early identification of First Nations including a description of their traditional territories in relation to the Project;

• an overview of the consultation process undertaken with each First Nation; and

• a summary of key initiatives and activities completed including a chronology of issues raised by First Nations and responses provided by VPA.

25.3.1 Identified First Nations

The study areas used for the baseline characterization and assessment of First Nations issues with respect to appropriate consultation are their asserted traditional territories. The following First Nations have asserted traditional territory encompassing, or in close proximity to, the proposed Deltaport Third Berth Project and were identified as potentially having an interest in the Project.

Tsawwassen First Nation The asserted traditional territory of the First Nation (TFN) include the geographic areas covering major portions of the City of Richmond, Delta, Surrey, Langley and White Rock stretching up along the North Arm of the and across the covering most of the (Figure 25.1). The community is comprised of a 273 hectare reserve situated between the B.C. Ferries terminal and the Roberts Bank port facility. The TFN recently signed an agreement-in-principle through the B.C. treaty process, and the proposed Settlement Lands include Crown land parcels in Richmond, Steveston, , Annacis Island, Surrey, and Delta. The Project is situated in the Tsawwassen asserted traditional territory.

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Figure 25.1 - Traditional Territory (Asserted)

Musqueam Indian Band The asserted traditional territory of the (Musqueam) includes the geographic areas encompassing the City of , , South Vancouver, , New Westminster, , and Richmond (Figure 25.2). Over 140 archaeological sites are included in their claim over the area. The archaeological record includes village sites, burial sites, seasonal camps, and fishing sites used by the Musqueam people. The main Musqueam community is located on the banks of the Fraser River in South Vancouver. The Band holds three reserves on some 254.2 hectares in the area. The Project is situated just outside of the southern most edge of Musqueam asserted traditional territory.

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Figure 25.2 - Musqueam Indian Band Traditional Territory (Asserted)

Sto:lo Nation The Sto:lo Nation is located in the lower near Chilliwack, and is comprised of 17 Bands including:

• Aitchelitz • Popkum • Soowahlie

• Chawathil • Scowlitz • Squiala

• Kwantlen • Seabird Island • Sumas

• KwawKwaw Apilt • Shx'wow'hamel • Tzeachten

• Lakahahmen • Skawahlook • Yakweakwioose

• Matsqui • Skowkale

The traditional territory of the Sto:lo Nation includes a geographic area covering 17,000 km2, which extends from the US border in the south, to Garibaldi Provincial Park in the north, the City of Vancouver in the west, and just past the community of Hope in the east. This includes the Regional Districts of Central Fraser Valley, Dewdney-Alouette, Fraser-Cheam and (Figure 25.3). The Project is situated within the southwestern corner of Sto:lo Nation asserted traditional territory.

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Figure 25.3 - Sto:lo Nation Traditional Territory (Asserted)

Katzie Indian Band The Indian Band’s (Katzie) asserted traditional territory is a geographic area encompassing large portions of Garibaldi Park, Pitt River, the mouth of the Fraser River, and large portions of , Maple Ridge, Surrey, White Rock, Richmond, and Delta (Figure 25.4). The southwestern edge of Katzie traditional territory lies just outside the Project area, nevertheless, due to the band’s close proximity, the Katzie were identified as potentially having an interest in the Project.

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Figure 25.4 - Katzie Indian Band Traditional Territory (Asserted)

Semiahmoo First Nation The (Semiahmoo) traditional territory stretches from the eastern shore of Point Roberts Peninsula around , encompassing the drainage basins of the Dakota, California and Terrell creeks and the shores of , Drayton Harbour and Birch Bay (Figure 25.5). The Semiahmoo reserve consists of some 129.1 hectares with the main community located 1.6 km southeast of the City of White Rock. The Semiahmoo are currently not in the B.C. Treaty Negotiation process and have therefore not submitted a Statement of Intent map defining their traditional territory as required by the Treaty Negotiation Office. Nevertheless, they do assert their traditional territory over a geographic area within close proximity to the Project and were identified as potentially having an interest in the Project.

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t t i ± P m r Legend A North Proposed Changes n Vancouver a Provincial Hwy i d Federal n I Semiahmoo Indian Band Traditional Territory

Coquitlam

Burnaby Port Coquitlam Vancouver

New Westminster

r ive Richmond R er as Fr Surrey

Delta Mud Bay

Semiahmoo Boundary White Indian Band Bay Rock

Washington

Scale 1:250,000 (approximate)

Figure 25.5 - Semiahmoo First Nation Traditional Territory (Asserted)

25.3.2 Consultation Overview

The consultation process with each identified First Nation was initiated with a letter addressed to Chief and Council, with the exception of the Sto:lo Nation where initial contact was with the Chair of the House of Chiefs or the Yewal Siyam. This letter formally introduced the Project and indicated that a follow-up telephone call would be placed to confirm receipt of the letter and to arrange for a meeting if desired.

The second step was to contact the Chief or administrative contact person to identify if there was an interest to meet in person to discuss the Project. If the offer was accepted, an introductory meeting was held at which time the following topics were discussed:

• description of the Project;

• confirming a primary contact person;

• most appropriate means through which to consult;

• overview of environmental assessment process;

• project studies to be undertaken; and

• areas where the First Nation required more information or had specific concerns.

The third step was to embark upon the consultation plan, which had been discussed and agreed upon at the introductory meeting. The consultation plan often became a “live” document that evolved throughout the process to reflect understandings or initiatives undertaken between the proponent and the First Nations.

25.3.3 Initiatives and Activities

The following summarizes specific initiatives and activities undertaken by VPA to consult with First Nations during Phase I: Early Notification, and Phase II: Pre-Application of Project development. This includes a discussion of significant events and communications and the distribution of Project information. Each discussion of consultation initiatives and activities is followed by a summary of First Nation issues and VPA responses. Provided at the end of the

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chapter is a consolidated table summarizing the key issues identified by First Nations and responses provided by VPA.

Tsawwassen First Nation Discussions with the TFN commenced in August 2002 and were formalized after a TFN/VPA protocol agreement was reached between the two parties on March 20, 2003, which set out the basis for negotiations and consultation. The objectives of this agreement were twofold:

• to negotiate a conclusion concerning litigation taken by the TFN against VPA and the government of for alleged impacts upon Roberts Bank from previous development; and

• to meet the legal obligations to consult and accommodate the TFN over the proposed Deltaport Third Berth Project. The protocol agreement provided capacity funding for TFN to participate in consultation and the environmental review process.

On March 31, 2003 TFN presented a paper to VPA setting out a basis for addressing previous impacts at Roberts Bank as a first step to negotiations. This was followed by a TFN work plan submitted to VPA on April 11, 2003 to address these issues. In a presentation on May 30, 2003 VPA responded by presenting to the band the proposed approach to address potential impacts from further development at Roberts Bank and the TFN provided the proponent with a list of preliminary issues concerning the proposed Deltaport Third Berth Project.

On June 20, 2003 the TFN Negotiating Committee presented a response paper to VPA’s proposed approach to address potential impacts at Robert’s Bank. Much of the discussion focused on how VPA intended to address past and future impacts at Robert’s Bank with respect to TFN.

On September 2, 2003 a follow up meeting was held to inform the TFN of the environmental studies to be completed and to review the draft work plans for the Project with the TFN to obtain feedback. Additional Project information was also distributed at this time. A meeting was held on September 26, 2003 to further discuss and clarify protocols. Key issues tabled included: TFN input into VPA studies, clarification on Project information, status of VPA study work plans,

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participation of the TFN in the EAO process, and VPA and the government of Canada’s response to TFN comments on potential impacts resulting from the Project.

In early October 2003 a Project fact book was compiled and forwarded to the TFN. Opportunities to participate in field studies were also posted for TFN community members at this time and many TFN members assisted in Project fieldwork including the terrestrial wildlife studies, marine environment studies and archaeology studies.

On November 10, 2003, a meeting was held to provide the TFN with clarification on the VPA approach to BCEAA and CEAA in general and to discuss the environmental assessment methodology in particular. A follow up meeting was then held on November 25, 2003 where discussion focused on how Project study work plans could capture TFN traditional knowledge and input.

On January 20, 2004 a Project update meeting was held, followed by a meeting on February 23, 2004 where the topics of discussion focused on the need for Traditional Ethnic Knowledge to inform the significance criteria used in Project studies within the Environmental Assessment process. Research documents pertaining to the use of Traditional Ethnic Knowledge in contemporary studies were also circulated at this time for later discussion.

VPA met with the TFN on May 19, 2004 to continue dialogue regarding the provision of resources for the TFN to participate in the consultation process and the need for presentations by VPA consultants including those involved in marine, geomorphology, transportation and socio- economic studies. A number of follow up items were agreed upon to continue information sharing between the proponent and TFN.

On June 3, 2004 an invitation was sent to TFN to attend an open house information session and to confirm the provision of resources to continue participation in the consultation process. Throughout June a number of discussions were held with TFN to confirm follow up activities from previous meetings, distribute additional Project information and discuss the next steps in the consultation process. In addition, the two parties were successful in creating a framework for consultation to meet the requirements under environmental assessment legislation.

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A community wide meeting was held by VPA in the TFN community on June 24, 2004. This provided an opportunity for community members to learn more about the Project and discuss any specific concerns or issues directly with VPA representatives.

On July 13, 2004 a meeting was held with TFN representatives to present the initial findings of the VPA marine impact and geomorphology studies. This provided another opportunity for TFN to engage VPA consultants directly concerning any potential impacts upon marine species and the physical environment.

A meeting on July 22, 2004 discussed business opportunities and the consultation framework with the TFN. Discussion also focused on how TFN traditional knowledge could be readily accessed and used to inform the marine impact study. A process was agreed upon at this time whereby VPA consultants were given access to existing TFN traditional use studies and an approach would be developed to meet TFN’s expectations on how best to utilize the traditional knowledge contained within these studies. This approach is described more fully at the end of this section.

On July 28, 2004 the preliminary findings of the navigational impact and transportation studies were presented to the TFN. VPA responded to a number of issues raised by the TFN concerning transportation safety issues on the marine and terrestrial environment. A number of follow up items for additional information to be forwarded to TFN was also agreed upon.

Correspondence was maintained with TFN representatives throughout the months of August and September 2004 to follow up on action items from previous meetings and to gather additional input on Project studies.

In October 2004, the TFN and VPA met on a number of occasions to share and discuss the draft results of various consultant studies. TFN representatives also met with their community to discuss the draft studies and to identify, wherever possible, community interests including traditional knowledge.

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During this consultation process, the TFN explained that the following issues should be addressed in the environmental assessment process in respect of all studies for the Roberts Bank Expansion Project:

(i) the work plans for the studies to be undertaken as part of the Environmental Assessment must require of the consultants that criteria be established to require use of First Nation traditional knowledge as part of the studies and to assess impacts with respect to TFN interests, and that impact assessments be undertaken with respect to these criteria and reported to the TFN by VPA;

(ii) the work plans and other directions to the consultants for the studies must set out the requirement that measures be assessed regarding impacts identified pertaining to TFN interests, and potential mitigation and accommodation with respect to these impacts, and reported to the TFN by VPA;

(iii) consultants must be directed to consult with designated TFN representatives in undertaking work with respect to (i) and (ii) above; and

(iv) consultants must identify potential employment opportunities for TFN members to work on the studies that the consultants undertake, and must discuss with TFN the recruitment and employment of members.

More specifically, the TFN noted that meaningful participation in this environmental assessment would be enhanced through a greater understanding and involvement in the following:

• the determination of the scope of the study and assessment areas;

• the development of mitigation and compensation measures;

• the selection of VECs and significance criteria for the determination of possible effects;

• the review of existing baseline information and the identification of data gaps;

• the assessment of alternatives (both within the Roberts Bank area and locations elsewhere); and

• the assessment of cumulative effects.

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From March 2003 to the present, the VPA and TFN have been meeting and discussing the above issues. An agreement has been reached, and where issues still remain, the parties have committed to continuing to work together not only to resolve issues associated with the proposed Deltaport Third Berth Project, but to further develop and enhance a long term relationship which will be mutually beneficial.

Throughout the consultation process, TFN have indicated to VPA the importance of traditional knowledge in undertaking the various environmental studies. TFN has also provided VPA and its consultants with access to three previous studies dealing with TFN traditional use. These studies provide important information dealing with the historical use of land and marine resources within TFN’s traditional territory.

Information concerning resources of significance, both traditionally and currently, are documented in the TFN traditional use studies and have been reviewed within the context of the Deltaport Third berth Project. For example, marine species of significance identified by the TFN has been reviewed by VPA and its consulting team and the impact of the proposed Deltaport Third Berth Project on these marine resources has been assessed. This has enabled mitigation options to be developed and reviewed with the TFN.

The TFN traditional use studies also contain information regarding the TFN’s use of terrestrial wildlife and vegetation resources and the archaeological overview and impact assessment undertaken by VPA confirmed the diversity of species and habitats that TFN has traditionally used. This traditional use and current use information has been considered in determining potential impacts of the proposed Deltaport Third Berth Project that may occur on land within the vicinity of the TFN’s traditional territory.

VPA will continue to consult with TFN throughout the Project review process on matters that may be important to TFN regarding traditional use and knowledge. This information will be mutually beneficial to the long term relationship between TFN and VPA.

Musqueam Indian Band On December 16, 2002 an introductory letter was sent to the Musqueam Indian Band providing a description of the Project and an invitation to meet in person. From March 17 to June 13, 2003

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VPA corresponded with Musqueam Band representatives to arrange for a meeting date. On June 25, 2003 a start up meeting was held in the Musqueam community with the band’s Chief Executive Officer and the Director of Treaty, Lands and Resources to discuss the Project and identify any initial issues or concerns and to discuss the approach to consultation. The key issue raised by Musqueam representatives was the lack of capacity to effectively participate in the consultation process. In response to this concern, a letter was sent by the VPA on July 8, 2003 confirming the provision of resources for Musqueam to participate in the Project review. By early September 2003 Musqueam indicated that VPA’s offer to assist was generally acceptable and this was formally acknowledged in writing by the Musqueam in early 2004.

On September 11, 2003 VPA distributed Project information to the Musqueam including a list of project studies for Musqueam to provide feedback on. The Musqueam Executive Director was also identified as a new contact at this time. From September 2003 to early February 2004 a series of telephone discussions were held concerning resources and to clarify information provided by VPA. A second meeting was held on February 24, 2004 to confirm Musqueam’s participation in the project review process with a follow up letter sent by the VPA on April 19, 2004.

On May 27, 2004 a Project update meeting was held with the Musqueam Executive Director where it was acknowledged that the primary concerns held by the Musqueam related to fisheries and economic development opportunities. To assist in addressing these concerns VPA encouraged Musqueam to participate in the BCEAO process in general, and the two EAO Working Groups (Bio-physical/Technical and Socio-economic/Community Working Groups), in particular. Information was forwarded to the Musqueam shortly thereafter on June 3, 2004 inviting the community to participate in an open house information session. In addition, a process was established to further explore and address these issues.

In early September 2004, the Musqueam identified a new contact person. On September 14, 2004 Project information was forwarded to the new band contact requesting a meeting so that the agreed upon consultation issues and process could be continued. A meeting was held on October 28, 2004 to review the status of the environmental studies program and at that meeting Musqueam confirmed that it will review its capacity requirements and respond to VPA regarding

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how it wishes to proceed in the application review stage. VPA sent a letter to Musqueam on November 19, 2004 summarizing the history of the environmental review/consultation process with the Musqueam to date and asking them to identify any information needs or concerns with the consultation process.

On January 19, 2005, a meeting was held to focus on earlier requests by the Musqueam to learn more about the studies assessing fisheries and marine habitat issues. The meeting also confirmed that the Musqueam’s primary interests were related to archaeology, fisheries and economic and employment opportunities. The Musqueam also indicated that they were interested in understanding any potential impacts on IR #4.

Identified below are the key issues raised by the Musqueam and the responses provided by the VPA.

Musqueam Consultation Interests At the very first meeting in June 2003, the Musqueam representatives indicated that they required resources to allow them to participate in a meaningful consultation. The Musqueam also indicated that resources would be required to allow them to participate in archaeological studies. In response, the VPA provided support to the Musqueam for the following activities:

1. To participate as a member of the BCEAO Bio-physical/Technical and Socio- economic/Community Working Groups by reviewing and commenting on proposed VPA study work plans and participating in environmental and socio- economic working groups.

2. To engage in internal community consultation including coordination with the community and council.

3. To respond to technical questions identified by VPA consultants contracted to carry out biophysical or socio-economic or archaeological studies.

4. To participate in meetings with VPA staff to discuss issues of interest or concern to the Musqueam.

As part of this consultation process, Musqueam representatives, met with the VPA on a number of occasions. Each of the meetings concluded with a follow-up letter from the VPA confirming

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the discussions that had occurred, identifying the issues raised and then confirming the next steps in the consultation process.

Musqueam Environmental and Resource Interests During one of the consultation meetings, Musqueam representatives indicated that once the initial draft studies had been completed they would want to have the results communicated to their Fisheries Coordinator. A meeting was arranged on October 28, 2004 with the Coordinator of the Musqueam Fisheries Department to discuss the marine study findings, however, the Coordinator was not able to attend this meeting and VPA offered to reschedule this meeting following further direction from Musqueam on this matter. The fisheries meeting was rescheduled to January 19 2005 at which time the study results were discussed. Based on comments by representatives of the Musqueam Fisheries Department, it was agreed that the VPA would attend a community meeting to discuss the project in general but in particular focus on a presentation to the fishers on fisheries issues. Musqueam representatives also expressed interest in any potential impacts to waterfowl. VPA indicated that the Application would include assessments that address these issues. They suggested that the Musqueam could wait until the studies were completed and review them as part of the Application review process. An invitation was also extended to meet with the consultants involved in the studies.

Musqueam Economic Interests Musqueam representatives indicated interest in economic opportunities associated with the construction and operation phases of the Project. In response VPA noted that a socio-economic study was being prepared as part of the Application and would identify such opportunities. Musqueam representatives indicated that they looked forward to reviewing the study.

Sto:lo Nation The VPA initiated contact with the Sto:lo Nation in early March 2003 with an introductory letter sent to the House of Chiefs, the governing body of the Sto:lo Nation. This letter was followed up with a telephone discussion on March 25, 2003 with the Executive Director of Aboriginal Rights and Title to confirm receipt of the letter and arrange for an introductory meeting.

In early April 2003, a new contact was provided to VPA and a series of attempts were made to continue correspondence with the Sto:lo Nation. Project information was forwarded to the new

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Sto:lo contact person and a follow up discussion was held on May 22, 2003 to discuss the project and identify any initial concerns held by the Sto:lo Nation.

On August 15, 2003 another discussion was held where the Sto:lo indicated they would like to be kept informed of the Project but did not require direct consultation. A letter was sent by the VPA on the same day to confirm that the Sto:lo did not want to participate directly in the consultation process.

Another letter was forwarded on June 3, 2004 to inform the Sto:lo of a Project open house and to reconfirm the Sto:lo Nation do not require direct consultation.

A follow up discussion was held July 20, 2004 where the Sto:lo indicated a letter would be forthcoming to confirm that the Sto:lo will not participate in the Project but did expect the following: the TFN and Musqueam are consulted with appropriately, archaeological permits are received from the Sto:lo, and copies of Project environmental application would be provided. VPA agreed to these terms and await receipt of the letter.

Katzie Indian Band On April 15, 2003 VPA held a telephone discussion with the Chief Negotiator to confirm receipt of the introductory letter sent in early March 2003 and to identify any initial issues held by the Katzie.

Between May and August 2003, telephone calls were placed to arrange for a meeting with Katzie representatives. By early September the Katzie confirmed that they would not participate in the consultation process.

Another letter was sent to the Katzie on June 3, 2004 to confirm VPA’s understanding that the Katzie did not require direct consultation and to provide notification of an open house if they require further information on the Project.

On June 13, 2004 the Katzie confirmed that the Project falls outside of their traditional territory and direct consultation was not required, however, the Katzie expressed that they would like to be kept informed of Project development and identified a contact person for information to be forwarded to.

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Semiahmoo First Nation/ Sencot’en Alliance On January 6, 2003 an introductory letter was sent to the Semiahmoo First Nation providing a description of the Project and an invitation to meet in person. After a series of telephone calls were made between March and July of 2003 the VPA met with Chief and Council of the Semiahmoo on September 3, 2003 to discuss the Project and identify any initial concerns held by the band. Semiahmoo indicated that although Roberts Bank is not within their asserted traditional territory the band does have an interest in the project because of the potential impact to the marine environment. Semiahmoo also indicated that they would be expressing their interests in the project as part of the Sencot’en Alliance, which is an organization that includes the Tsawout, Tsartlip and Pauquachin First Nations located on the . Shortly thereafter, on September 9, 2003, Project information was delivered to the Sencot’en Alliance.

A letter was forwarded to the Semiahmoo on December 17, 2003 to arrange for a follow up meeting. On May 28, 2004 the Semiahmoo confirmed that they will be expressing their interests in the Project as part of the Sencot’en Alliance and asked for project information to be forwarded. On June 3 a Project update letter and an invitation to attend an open house were sent to the Semiahmoo.

On July 5, 2004 Semiahmoo identified a new contact person from the Sencot’en Alliance. Initial discussions were held with the Sencot’en Alliance on July 15, 2004 where they indicated interest in arranging for a meeting. Project information was also forwarded at this time along with confirming an interest to meet with the Alliance. Correspondence was maintained with the Alliance throughout August to arrange for a meeting date.

On September 30, 2004 the VPA met with representatives of the Alliance to continue discussions and identify any issues held by member bands. At the conclusion of the meeting the Alliance indicated it would consider the Project and the invitation to consult and provide a written response/comments to the VPA.

In mid December, the Sencot’en Alliance responded expressing an interest in meeting to discuss methods and means of consultation. This meeting took place on December 22, 2004. In January 2005, the VPA sent a letter to the Alliance describing the consultation process that has occurred to date with the Semiahmoo and Sencot’en Alliance, confirmed VPA’s commitment to

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meaningful consultation, and acknowledged that the Sencot’en Alliance would be submitting a letter identifying how they wished to continue their participation in the consultation process.

Semiahmoo and Sencot’en Alliance Environmental and Resource Interests Representatives of the Sencot’en Alliance have confirmed that their primary interests in the project relate to the marine environment. In particular they have expressed concern about the projects impacts on the crab population, impacts of marine pollution on shellfish and hazards associated with increased marine traffic. The VPA has provided verbal responses to these issues and has ensured that these issues are addressed in the Application and have invited the Sencot’en Alliance to review the Application to ensure that their concerns are addressed.

25.4 SUMMARY OF FIRST NATIONS ISSUES

During the pre-application consultation process, the following issues were identified by First Nations. The list below was generated from meetings with First Nation representatives, as well as correspondence (e-mails, fax and mail) and telephone calls. The issues presented below in Table 25.3 reflect the spectrum of issues which were identified by the Tsawwassen First Nation (TFN), Sto:lo, Musqueam Indian Band (MIB), and Sencot’en Alliance.

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Table 25.3 First Nations Issues and Application Reference/VPA Response

Project Issues and Comments Identified VPA Response and/or Section(s) of During First Nations Consultation Application Where Issue is Addressed Program Archaeology Require input into the consultants selected to The names of 3 archaeology firms were provided to MIB undertake any archaeological work. and TFN asking them to select firms which they felt comfortable working with. Concern over potential damage to archaeological sites Resources offered to TFN, MIB and Sto:lo to participate in in project area. archaeological survey. Air Quality Impacts on air quality. Section 13.0 is dedicated to identifying and analyzing the air quality and associated human health and wildlife impacts of the project. Consultation Program Need resources to participate in consultation process. Discussions were held with First Nations who identified a specific need/interest for resources and agreements were reached allowing them to have the resources to meaningfully participate. On issues of particular interest, request the First Nations were provided updated lists of studies, opportunity to meet the consultants involved in the schedules and work plans. First Nations were provided studies. opportunities to meet with the consultants to discuss the work plans, progress and results of the studies. Opportunities need to be provided to community VPA has offered, and has attended and participated at members to provide their local and traditional community meetings, to listen to community issues. knowledge into the work plans. VPA has also encouraged First Nations to initiate their own community meetings and bring the comments back to the VPA for consideration. Marine Habitat Concern regarding loss of crabbing grounds and Crabs using the footprint area will likely be displaced to access to the crabbing grounds. adjacent areas such as the eel grass beds in the habitat compensation area. See Sections10.5.1; 10.6, 10.7, and 10.9 Concern regarding deterioration of water quality due In 1998 VPA implemented a mandatory Ballast Water to discharged water ballast and bilge pollution and the Management Program which includes compliance impact on shellfish on the Gulf Islands. monitoring. VPA also has a stringent bilge water protocol. See Section 19.3 for details Need an inventory of species in the area and how they Roberts Bank contains a diverse array of marine habitats will be impacted by the project. and associated species. The distribution of theses species is provided in Figures 10.2 and 10. 3. A discussion of impacts is discussed in Section 10.4 onwards.

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25.5 TRADITIONAL USES

25.5.1 Introduction

This section provides an overview of traditional use of the area surrounding the proposed project by Tsawwassen First Nation, Sencoten Alliance and Musqueam Nation. The study area consists of Roberts Bank and adjacent upland areas from the Canada-United States border on the Point Roberts peninsula north to Canoe Passage at the entrance to the south arm of the Fraser River. Information has been derived from available public literature (published and unpublished), including reported aboriginal sites used by the Tsawwassen, Musqueam and Sencoten Alliance First Nations in the study area and on Point Roberts. The information included here does not include materials in the private possession of First Nations, tribal councils or government agencies.

25.5.2 Traditional Use

Two major ethnolinguistic groups are represented in the study area: (1) Northern Straits Salish and (2) . The Semiahmoo and Saanich speak individual dialects of Northern Straits Salish, the Tsawwassen and Musqueam speak the Downriver dialect of Halkomelem and the Malahat are bilingual, speaking the Northern Straits Salish dialect of Sencoten and Island Halkomelem (Table 25.4). The ethnolinguistic groups in the study area will be described in terms of their traditional territories, historical movements, social organization, component groups and seasonal movements to culturally significant resources.

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Table 25.4 Ethnolinguistic Groups in the Study Areas*

Language Language Dialect Indian Band Reserve Family Location Salishan Halkomelem Downriver Tsawwassen First Nation Tsawwassen

Language Halkomelem Musqueam First Nation Point Grey Family Is. Halkomelem & Malahat Sencoten

Northern Sencoten Brentwod Bay Straits East Saanich Salish Pauquachin First Nation Cole Bay Patricia Bay Semiahmoo Semiahmoo First Nation Semiahmoo Bay

*Based on Duff (1997); Thompson, and Kinkade (1990).

25.5.3 Tsawwassen First Nation

In the ethnographic literature, the Tsawwassen are described as “a small tribe whose territory extended from the west side of Point Roberts to a point on the South Arm a short distance above Ladner, and included Westham Island” (Duff 1952:27) (Figure 25.6) and Canoe Passage (Boas 1887:132; Bouchard and Kennedy 1991:109). Formerly, the Tsawwassen were closely related to the Kwantlen, but since the mid 1800s they have been considered a distinct group (Bouchard and Kennedy 1991:103-109). The Tsawwassen main winter village, also known as archaeological site DgRs-2, was near the current intersection of Highway 17 and the Tsawwassen Road at the north end of English Bluff on the present Tsawwassen Indian Reserve No.1 (Bouchard and Kennedy 1988:A9).

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Figure 25.6 - Tribal territories in the Fraser Valley reconstructed by Duff (1952:20)

The Tsawwassen winter village was occupied prior to 1827, however, the first historical mention of a village at that location was in 1857 (Bouchard and Kennedy 1991:131). In the 1860s, seven longhouses stood at the village (Barnett 1935-1936 in Bouchard and Kennedy 1991:118). The present Tsawwassen Indians are descendants of the aboriginal community that inhabited the village on the west shore of Point Roberts in the mid-19th century and probably earlier.

The Tsawwassen First Nation (1998) participates in the British Columbia Treaty Process and has filed a Statement of Intent asserting their traditional territory. It extends east along the North Arm of the Fraser River to the Pitt River watershed and Pitt Lake, continuing southeast to include the watersheds of the Serpentine and Nicomekl Rivers to Aldergrove, west to Boundary Bay just north of the Campbell River watershed, west through the Point Roberts peninsula to the Gulf Islands, including Galiano Island, Saltspring Island, , Saturna Island and associated islands (Tsawwassen First Nation 1998:8-9).

Tsawwassen first contact with Europeans may have occurred in July 1791 when the Santa Saturnina, under the direction of José Maria Narvaez, sailed by Point Roberts, which was identified as “Isla de Zepeda.” At Point Roberts, Juan Pantoja y Arriaga, a member of the 1791 expedition, wrote “there is an incredible quantity of rich salmon and numerous Indians, much more docile and tractable than those at the entrance [of the Straits of Juan de Fuca]. They speak an entirely different language” (Wagner 1933: 186-187). In the summer of 1792, two Spanish expeditions also travelled through the area (Wagner 1933:249-250), but did not report meeting Indians near Tsawwassen or Point Roberts. Later in 1792, Captain and his crew sailed by Point Roberts, and noted a deserted village capable of housing 400-500 natives (Newcombe 1923). The accounts do not identify which native groups were encountered, so these descriptions may apply to the Tsawwassen, Semiahmoo, Saanich, or other native groups who occupied the area permanently or on a seasonal basis.

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The literature review identified at least seven Tsawwassen resource extraction sites and settlements within the study area and three sites at the south end of the Point Roberts peninsula (Figure 25.7). The Tsawwassen winter village and Tsawwassen IR are in the study area. The area surrounding the Tsawassen settlement, sts’wothen meaning ‘facing water’ (Tsawwassen First Nation 1999), was rich in food resources. Water was obtained from sexwém, a natural spring near the present yacht club (Bouchard and Kennedy 1988:A12-13). Camas was probably gathered in the low meadows along the waterfront of the Indian Reserve (Bouchard and Kennedy 1988:A26). Duck hunting was easy in the tidal flats fronting the Indian Reserve, which was renowned for its abundance of mallard ducks (Bouchard and Kennedy 1988:A24). Crabs, cockles and horse clams were gathered from the mud flats adjacent to the Tsawwassen Reserve, extending north from the yacht club to Roberts Bank terminal (Bouchard and Kennedy 1988:A24). Clams were also gathered from the southern part of the Point Roberts Peninsula, from kewlkalecmen between the southeast and southwest corners of Point Roberts and Cannery Point on the southeast corner of the peninsula (Bouchard and Kennedy 1988:A24). Deer and black bear were also hunted near the winter village on English Bluff (Bouchard and Kennedy 1988:A26).

Marine resources likely dominated Tsawwassen subsistence. The campsite ts’ayem was south of the ferry terminal and one informant recalled that in the 1920s–1930s his parents pit-cooked a salmon while camped at the bay at the base of the ferry causeway (Bouchard and Kennedy 1988:A21). Another informant recalled her step-mother catching flounder in the shallow muddy waters near a point south of the current ferry causeway (Bouchard and Kennedy 1988:A23). The Tsawwassen caught sturgeon from four or five sturgeon traps constructed in front of the village and pit-lamped for salmon off the Tsawwassen Reserve (Bouchard and Kennedy 1988:A22- A23). However, much of their salmon fishing took place in the Fraser River (Bouchard and Kennedy 1991:145).

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Xwlhits’em LEGEND 5 sts’élexwken slough 7 “kwə’səwa ” 8 stl’álep (Old Tsawwassen Village) 9 ts’áyem 10 sexwém 11 smákw’ets 12 “kwəlkwa·ləcmən” 13 tselhténem

Figure 25.7 - Tsawwassen sites in and around the VPA lands (Bouchard and Kennedy 1991:162)

In July and August during fishing season, the Tsawwassen, along with the Musqueam, Cowichan and “Kuper Island” people, camped at the south entrance to Canoe Passage at the north end of the study area at a site called xwlhits’em, meaning ‘place for cutting [cat-tails]’ (Rozen 1979:56; 1985:248). According to one Tsawwassen informant, the Tsawwassen “have always fished” for salmon at Canoe Passage (Bouchard and Kennedy 1991:145). The Tsawwassen obtained sockeye, humpback salmon, sturgeon (Rozen 1979:56) and eulachon from Canoe Passage (Bouchard and Kennedy 1991:152). Wild cranberries were also obtained from an inland bog located north of the Ladner Trunk Road (Bouchard and Kennedy 1988:A26) and significantly east of the study area.

In the 1930s Tsawwassen Chief Harry also reported they went to Point Roberts to troll for fish (Barnett 1935-1936 in Bouchard and Kennedy 1988:A21). The Tsawwassen had salmon fish traps off Point Roberts (Dewhirst 2003:28), but there is no indication that they participated in the reef-net fishing off southeast Point Roberts. Remnants of the sturgeon traps fronting the reserve, about half a mile out from the shore, were observed during the construction of the ferry terminal causeway around 1960 (Bouchard and Kennedy 1988:A22).

In 1871, the approximately the 400 acre Tsawwassen Indian Reserve was established on the west shore of Point Roberts. The reserve was confirmed in 1874 and officially surveyed in 1881 (Bouchard and Kennedy 1991:134-137).

25.5.4 Semiahmoo First Nation

The Semiahmoo First Nation is based more than 20 km east of the study area, at the Semiahmoo Indian Reserve 1 at the mouth of the Campbell River on Semiahmoo Bay, just north of the Canada-United States border. The Semiahmoo First Nation does not participate in the British Columbia Treaty Process and has not publicly defined their traditional territory. The Semiahmoo First Nation is a member of the Sencoten Alliance.

Semiahmoo territory (Figure 25.8) extended from the shores of Boundary Bay and Birch Bay from the mouth of the Campbell River to Point Whitehorn and included the drainages of creeks that flowed into Birch Bay and Drayton Harbour in the United States (Suttles 1974:27). Duff’s (1952:20; Figure 25.6) reconstruction of Semiahmoo territory is significantly smaller and only

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extends as far north as the Nicomekl River. The village at the mouth of the Campbell River is the only existing Semiahmoo settlement since at least the late 1850s (Suttles 1974:32). Prior to the 1850s, three Semiahmoo winter villages were concentrated around Drayton Harbour and one possibly at Birch Bay (Suttles 1974:27).

The Semiahmoo intermarried with neighbouring groups like the Snokomish who possessed territory immediately north of the Semiahmoo including Boundary Bay, the Salmon, Serpentine, Nicomekl and Campbell River watersheds (Suttles 1955:12; 1974:29). In the late 1770s or early 1780s, a smallpox epidemic devastated the Snokomish tribe (Suttles 1990:455; Harris 1997:4), and some Snokomish survivors joined the Semiahmoo. According to Joe Splockton, a battle with the Tsawwassen also likely contributed to the demise of the Snokomish who lived east of Point Roberts (Dunning 1961:25 in Bouchard and Kennedy 1988:A6). According to Semiahmoo tradition, as relatives and heirs of the Snokomish, the Semiahmoo were entitled to take over parts of Snokomish territory that they shared (Suttles 1974:150).

The Semiahmoo extended their territory over the southern part of former Snokomish territory, which included the entire shore of Boundary Bay and the watersheds of the Campbell, Nicomekl and Serpentine Rivers (Suttles 1974:27-29; Suttles 1998:174). Semiahmoo traditional territory (Figure 25.8) is about 2 km east of the study area and does not include the VPA lands.

Ruby and Brown (1986:187) suggest the Semiahmoo were the natives Spanish explorers first observed fishing off Point Roberts in 1791. However, Pantoja only indicated he observed “numerous Indians” at Point Roberts (Wagner 1933:186-187).

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Figure 25.8 - Semiahmoo traditional territory (Suttles 1974:29)

Prior to the 1880s, the Semiahmoo regularly travelled to a summer camp at Cannery Point on the southeast tip of the Point Roberts peninsula, where they shared reef net fishing grounds with the Saanich, Lummi and other groups (Suttles 1974:27). The reef extended southeast from Cannery Point and there was enough room for 15-20 teams of reef net fishers (Suttles 1974:208). Each of these positions was named, had a specific location and was owned and inherited (Suttles 1974:202). The Semiahmoo owned three or four of these reef net fishing locations. At Cannery Point, the Semiahmoo also dug for clams and harpooned sturgeon at Boundary Bay (Suttles 1974:27).

25.5.5 Musqueam Nation

The Musqueam Nation is based at Musqueam Indian Reserve 2 on the North Arm of the Fraser River. Three adjacent villages once stood at Musqueam IR 2 on the south shore of Point Grey near Sea Island (Barnett 1955:33). Musqueam IR 4 is closest to the study area, inland and south of Canoe Passage, about 1 km east of the study area. Musqueam IR 4 has never been the site of a traditional Musqueam village and does not signify a traditional Musqueam interest at that place. Musqueam IR 4 was established in 1974 in exchange for lands on their Sea Island IR 3 with the Federal Department of Transportation.

The Musqueam Statement of Intent includes the northern portion of the study area, however, only two Musqueam traditional use sites were identified within the VPA study area. One site X’7icum was located at the edge of the VPA study area. According to Glavin (1983:B7) the precise location of this ancient fishing site X’7icum, is no longer known, but it was near the old Brunswick Cannery site, “adjacent to Canoe Passage which is still a major fishing area for Musqueam fishermen.” A map (Figure 25.9) submitted with the Musqueam Declaration (Musqueam Nation 1976), indicates X’7icum is located on the edge of the study area, just south of Brunswick Point at the entrance to Canoe Passage.

The second site was an unspecified sturgeon trapping area. Weightman (1972:21) mentions that the Musqueam built sturgeon traps “at specific locations along the tidal flats” at Tsawwassen, but does not identify the locations of the sturgeon traps. James Point, from the Musqueam Reserve, often fished for salmon using the pit-lamp method on the waterfront adjacent to the Tsawwassen Reserve (Bouchard and Kennedy 1991:145). Musqueam use of the area near to the Tsawwassen Indian reserve was likely arranged through permission from the Tsawwassen people although this is not stated in the reference material.

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X’7icum

Figure 25.9 - Musqueam sites in the lower mainland (Musqueam Nation 1993). X’7icum is site #25 on the map

25.5.6 Saanich Indians

The Saanich First Nations speak the Northern Straits dialect of Sencoten (Suttles 1990; Rozen 1985) and are based on the Saanich Peninsula and . Although known as the Saanich Indians, the Tsartlip, Tsawout, Pauquachin, Tseycum and Malahat First Nations are politically distinct units (Jenness n.d.:37), each with their own Indian Reserve on the Saanich Peninsula or Saanich Inlet: the Tsartlip First Nation is based at South Saanich IR 1 in Brentwood Bay, Tseycum First Nation is at Union Bay IR 4 in Patricia Bay, Pauquachin First Nation is at Cole Bay IR 3 in Cole Bay, Tsawout First Nation is on the east side of the Saanich Peninsula with East Saanich IR 2 at Saanichton Bay, and Malahat First Nation is on Malahat IR 11 on the west side of Saanich Inlet and will be discussed separately in further detail below. In addition to the above Indian Reserves, the Saanich First Nations have eight more reserves on the peninsula and nearby Gulf Islands.

The Pauquachin, Tsartlip and Tsawout First Nations, along with the Semiahmoo First Nation belong to the Sencoten Alliance, a political/cultural organization that formed in response to a proposed BC Hydro gas pipeline across the Strait of Georgia. According to a map produced by the Sencoten Alliance, the entire study area is highlighted as a traditional use site, but it is not clear which individual groups claim the area or portions of the area.

The traditional territory of the Saanich (Figure 25.10) extends north from Mount Douglas and Mount Finlayson, encompassing the entire Saanich peninsula to the eastern shore of Saltspring Island and east to the northern shores of Orcas and (Poth 1983; Suttles 1974:21, 1974). Prior to the 1850s, the Saanich lived in villages on Stuart Island, Saltspring Island and Mayne Island (Suttles 1974:2), as well as the Saanich Peninsula. However, northern Indian raids coupled with population decline from disease led family groups to amalgamate in protected bays around the Saanich Peninsula (Duff n.d.:File 154; Jenness n.d.:3; Suttles 1974:21).

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Figure 25.10 - Saanich traditional territories (Suttles 1974:20)

The Saanich regularly travelled to the mainland for summer reef net fishing. Although early historic records do not differentiate between the five Saanich First Nations, The Journals clearly indicate the presence of a significant Saanich village at Point Roberts in the 1820s (Machlachlan 1998:11, 34), more specifically at Cannery Point (Suttles 1974:201), as well as a Saanich fishing camp and fish weir on the Salmon River, a tributary of the Fraser River near Fort Langley (Machlachlan 1998:39-42). The literature review did not find any specific references to Saanich traditional use of the in proximity to the proposed project.

According to anthropologist Diamond Jenness, “the Saanich had an immemorial claim to the fishing off Point Roberts, near the mouth of the Fraser River; and there, during July and August, they caught and stored for the winter large quantities of both sockeye and humpback” (Jenness n.d.:18). In particular, the “West Sanetch had well established fishing privileges on Boundary Bay, inside of Point Robert” (Barnett 1938:122). At Point Roberts, each family regularly dried their catch in the same area where they left their stone net sinkers from the previous year to mark their territory (Jenness n.d.:19).

Historic documents from the Joint Indian Reserve Commission, Indian Reserve Commissioners, meetings with the Royal Commission on Indian Affairs for the Province of British Columbia, the published Report of the Royal Commission (1916) do not record any Saanich First Nations interests on the mainland and in the study area.

25.5.7 Tseycum First Nation

The Tseycum occupied a village on the northeast shore of Patricia Bay on the west side of the Saanich Peninsula. The Tseycum originally resided near Sidney, but moved to Patricia Bay to avoid raids from northern Indians (Jenness n.d.:3). In the early 1890s, the owners of the four houses that comprised the Tseycum village owned reef-net locations at Point Roberts and almost the entire village travelled to Point Roberts during the fishing season (Suttles 1974:23-24; Duff n.d.:file 154). From July to the end of August, the Tseycum and Tsartlip travelled to Point Roberts (Jenness n.d.:7) to their shared summer camp at Boundary Bay, where they all fished for sockeye salmon, humpback salmon and sturgeon (Barnett 1955:20). Their summer village “was on the inner side of the narrowest part of the peninsula, just opposite Tsawasan [sic] (near Point Roberts)” (Barnett 1955:20) in the northwest corner of Boundary Bay.

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After reviewing Barnett’s field notes, Bouchard and Kennedy (1991:168) suggested Barnett misunderstood his informants and the actual location of the village tselhténem was Cannery Point. According to Suttles (1974:211-213), in the 1880s and 1890s the Tseycum possessed three out of thirteen identified reef net locations off Cannery Point.

25.5.8 Tsawout First Nation

The Tsawout First Nation, based at Saanichton Bay on the east side of the Saanich Peninsula, originally occupied three settlements at Saanichton Bay. The people of Tsawout regularly went to Stuart Island, Pender Island and Point Roberts in the summer for reef net fishing (Suttles 1974:25). According to Chris Paul, son of the West Saanich Tommy Paul, the Tsawout had a reef net site at a place they called kwenes “on the American line [border]” so they lost their fishing ground (Rozen 1975 in Bouchard and Kennedy 1991:149). Suttles (1974:213) noted that in the 1880s and 1890s the Tsawout possessed one out of thirteen identified reef net locations off Cannery Point, but the Saanichton man did not fish at that location regularly (Suttles 1974:213).

25.5.9 Tsartlip First Nation

The Tsartlip occupied a village at Brentwood Bay. The founder of the Tsartlip village moved from Tsawout because Brentwood Bay was “safer from war attacks” (Barnett 1955:20). According to Dave Elliott Sr., the Tsartlip Bay village was settled “only about 200 years ago” (Poth 1983:18), and is not considered an ancient village site. The Tsartlip First Nation also owned reef net locations at Point Roberts (Duff n.d.:File154) and regularly resided at a shared summer village with the Tseycum in the northwest corner of Boundary Bay. According to Suttles (1974:213), in the late 1880s and early 1890s the Tseycum travelled to Point Roberts to work for others and did not own reef net fishing sites. Between salmon runs, the men occasionally hunted elk, deer and mountain goats and women gathered berries and plant seeds from neighbouring areas (Jenness n.d.:7). In the fall the Tsartlip returned to their winter village.

25.5.10 Malahat First Nation

The Malahat First Nation is based on the west side of Saanich Inlet. The Malahat, represented by the Te’Mexw Treaty Association, participate in the British Columbia Treaty Process. Other members of the Te’Mexw Treaty Association include the First Nation, Snaw-Naw-AS

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First Nation, Scia’new First Nation and T’Sou-ke First Nation. The Te-Mexw Treaty Association is at Stage 4 of the Treaty Process and is negotiating an Agreement in Principal with the British Columbia and Canada. In 1994, the Te’Mexw Statement of Intent (1994) defined Malahat territory as encompassing “an area generally bounded by Goldstream to the south, Hatch Point to the north, and the watershed lying to the east of the Range, and also including the Main, Galiano, Pender, San Juan, and Saltspring Islands and other islands within that grouping.” Their present asserted traditional territory does not extend onto the mainland of British Columbia.

In the summer, the Malahat regularly travelled to Point Roberts to reef-net fish off Cannery Point on the southeast tip of Point Roberts. According to Suttles (1974:213), the Malahat possessed two or three reef net locations they inherited from their Saanich ancestors. The literature review did not find other mentions of Malahat traditional use activities in the study area.

25.5.11 Summary of Traditional Use

The literature review identified Tsawwassen and Musqueam traditional use sites near Tsawwassen, B.C. Semiahmoo and Saanich sites were identified in neighbouring areas on the Point Roberts peninsula, but not in the study area (consisting of Roberts Bank and adjacent upland areas from the Canada-United States border on the Point Roberts peninsula north to Canoe Passage at the entrance to the south arm of the Fraser River).

At least seven Tsawwassen sites were identified in the study area: the old Tsawwassen village and present Tsawwassen IR, the fishing, clam gathering and duck hunting areas in the waters off Tsawwassen IR, the spring water site sexwém, the fishing camp site ts’ayem, a flounder fishing site near a point south of ts’ayem, a shared fish camp x’7icum on the south entrance of Canoe Passage and vaguely defined hunting territory on English Bluff. The old Tsawwassen winter village site is on the present Tsawwassen Indian Reserve and there are five other resource extraction sites and areas in and around the reserve indicating sustained occupation and interests in the area. Archaeological site DgRs-2, on the Tsawwassen Indian Reserve has been occupied for the last 2200 years (Stryd 1991:3). Although the Tsawwassen are not identified in The Fort Langley Journals (Maclachlan 1998), they likely resided in the area prior to 1857 when the first indisputable written accounts appear about the village during the Northwest Boundary Survey.

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In meetings with the Royal Commission on Indian Reserves, the Tsawwassen expressed their interests in the waters fronting Tsawwassen IR and they continue to express their interests in these lands in current treaty negotiations with the Governments of Canada and British Columbia (Tsawwassen First Nation 1994, 1999).

Two vaguely defined Musqueam sites were located in the study area: an unspecified sturgeon fishing site near the Tsawwassen Indian Reserve (Weightman (1972:21) and an old fishing village, x’7icum, just south of Brunswick Point at the entrance to Canoe Passage. x’7icum is also discussed above as a Tsawwassen site. The precise locations of these sites are unknown. The Musqueam likely accessed these fishing sites through kinship ties with the Tsawwassen, although this is not reported in the literature.

Musqueam IR 4 is within the study area, inland and south of Canoe Passage, about 1 km east of the study area. Musqueam IR 4 has never been the site of a traditional Musqueam village and does not signify a traditional Musqueam interest at that place. Musqueam IR 4 was established in 1974 in exchange for lands on their Sea Island IR 3 with the Federal Department of Transportation.

The ethnographic and historic literature clearly indicate the Tsartlip, Tsawout, Tseycum, Malahat and Semiahmoo regularly camped and fished on the Point Roberts peninsula, over 2 km east of the study area. Information regarding aboriginal use of the surrounding areas is highly generalized. They picked berries, hunted elk and deer in nearby uplands and gathered shellfish around Boundary Bay, however the available literature does not identify specific activity sites in the study area. The Point Roberts fishing camp was the closest settlement to the study area and was only occupied seasonally.

The literature review did not find any information about Pauquachin activities in the study area. The Pauquachin are likely included among the other Saanich tribes who used the Point Roberts area.

This report has not reviewed information in the Sencoten Alliance’s Bioregional Atlas. Judging from information provided by the Sencoten Alliance, the Atlas is based on information from

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interviews of elders belonging to the Sencoten Alliance First Nations. While this study apparently reports traditional use, that use appears to have been within the past 60 or 70 years.

25.6 ARCHAEOLOGY RESOURCES

The Approved Terms of Reference indicates that a non-confidential summary of identified archaeology resources in the Project area should be included in the First Nations Considerations chapter. To meet this requirement, this section summarises the findings of the Archaeological Overview and Archaeological Impact Assessment conducted by Millennia Research Limited for the Deltaport Third Berth Project. This assessment is also discussed in Chapter 18 Archaeology.

The goal of the archaeological study review is to provide the Roberts Bank Environmental Assessment Team with archaeological, historical, and traditional use information that will be instrumental in preparing the overall EA Application for the Project. This heritage review fulfills the requirements of a provincial Archaeological Overview Assessment and an Archaeological Impact Assessment as outlined in the BC Archaeological Impact Assessment Guidelines (British Columbia Archaeology Branch 1998).

Three archaeological sites have been recorded in the vicinity of the proposed development area: DgRs-2, DgRs-9, and DgRs-11. None are in conflict. On the tidal flats crossed by the Roberts Bank causeway there is a high potential for the remains of very large sturgeon fish traps. These would take the form of rows of wooden stakes several hundred metres long. Ethnographic information suggests these traps were far out on the tidal flats. However, whether these traps were as far out as the dredging and landfill comprising the proposed Deltaport Third Berth Project is unlikely. On land, there is potential for archaeological remains of campsites associated with fishing, travel, cranberry harvesting, water fowl harvesting, and game hunting; duck net poles and facilities, and fish traps and other forms of wet sites in the former slough and stream channels. Areas where the proposed rail expansion crosses former slough and stream channels have the highest potential.

Areas with the potential for archaeological conflicts had an Archaeological Inventory and Impact Assessment (AIA) conducted under Provincial Heritage Conservation Act (HCA) Section 14

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Permit 2004-100. No archaeological remains were found in the uplands portion of the development and only one area, the former Cohilukthan Slough, retains sufficient potential to require archaeological monitoring should development proceed here. Otherwise, no further archaeological work is recommended for the uplands.

The developments proposed for the inter-tidal flats appear to be so far from shore that there is almost no chance of impacting any archaeological remains of sturgeon weirs. No further archaeological work is recommended for the current inter-tidal and sub-tidal Project areas.

25.6.1 Environmental Management Plan

The Approved Terms of Reference indicates that any Environmental Management Plans (EMPs) or other mitigation tools that can be used to minimize potential First Nations effects be identified. All of the Environmental Management Plans are contained in Chapter 21 Environmental Management Program of the Application, however as per the Terms of Reference, specific archaeology management strategies are summarised below.

Since the probability that archaeological remains will be encountered during construction of the Deltaport Third Berth Project is low, no specific safeguards are required. However, if any archaeological sites are discovered during the proposed site construction activities, all work that could impact archaeological remains should be stopped and the finds should be reported to the Archaeology Branch and Tsawwassen First Nation. Further direction will then be provided.

It is recommended that Project construction crews attend an Archaeological Awareness Training (ATT) program. This is intended to heighten awareness and recognition of archaeology and archaeological materials during ground alerting activity and minimize or eliminate unintentional impacts to previously unidentified archaeological deposits.

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25.7 FUTURE FIRST NATIONS CONSULTATION PROGRAM

The VPA will continue to meet the objectives of the First Nations consultation program under Phases III and IV of the project as discussed in Section 25.3, which includes:

Phase III: Application Review (early 2005 – Spring 2005) The main objectives proposed for this phase are:

• Continue to conduct discussions regarding issues and opportunities to avoid or minimize adverse effects.

• Continue to provide information and obtain/document input.

• Respond to enquiries.

• Provide project updates.

Phase IV: Post-Approval and Construction (2005 – 2008) The main objectives proposed for this phase are:

• Communicate the results of the review process to community.

• Provide ongoing communications through construction and into operations.

The approach to achieve the consultation objectives under Phases III and IV will be flexible and responsive to input provided by each First Nations community.

A consultation framework has been developed with the TFN, and the VPA will continue to consult with TFN consistent with the consultation plan.

The Katzie First Nation and the Sto:lo Nation will not require direct consultation throughout Phases III and IV but will be kept informed of Project development.

A new contact person for the Musqueam has been identified and the VPA will continue efforts to develop and implement the consultation plan agreed upon by the Musqueam.

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Semiahmoo have confirmed that they will express their interests in the Project as part of the Sencot’en Alliance. The VPA is awaiting further direction from the Alliance on how they wish to proceed.

25.8 TRADITIONAL USE REFERENCES

Barnett, Homer

1935-36 Field Notebooks. University of British Columbia Library, Special Collections Division, Vancouver. Homer Barnett Papers, Box 1, Files 5 and 8.

1938 The Coast Salish of Canada. American Anthropologist 40(1):118-141. Also available on-line at Coast Salish Collections: Archaeology and Ethnology of the Gulf of Georgia.

1955 The Coast Salish of British Columbia. University of Oregon, Eugene.

Boas, Franz

1887 Zur Ethnologie British-Kolumbiens. Mitteilungen aus Justus Perthes’ Geographischer Anstalt 33(5):129-133.

1891 Second General Report on the Indians of British Columbia. British Association for the Advancement of Science Report, 60:562-715. Reprinted 1974 in Northwest Anthropological Research Notes, 8 (1/2):98-174.

Bouchard, Randy and Dorothy Kennedy

1988 Appendix I. Notes on Tsawwassen Ethnography and Ethnohistory. In “Detailed Impact Assessment, Archaeological Site DgRs-2, Tsawwassen, B.C.” Heritage Conservation Branch Permit Number 1988-16. Unpublished report prepared for Archaeology and Outdoor Recreation Branch, Ministry of Municipal Affairs, Recreation and Culture and Design and Surveys Branch, Ministry of Transportation and Highways.

1991 Tsawwassen Ethnography and Ethnohistory. In Archaeological Investigations at the Beach Grove Site (DgRs-1), Tsawwassen, B.C. Volume 1. Pp. 97-170. Conducted

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under Heritage Investigation Permit 1995-016. Unpublished report. Archaeology and Registry Services Branch, Ministry of Sustainable Resource Management, Victoria, B.C.

Chisholm, Brian S., D. Erle Nelson and Henry P. Schwarz

1983 Marine and terrestrial protein in prehistoric diets on the British Columbia coast. Current Anthropology 24(3): 396-98.

Curtis, Edward Sheriff

1970 The North American Indian, being a series of volumes picturing and describing the Indians of the United States, the Dominion of Canada and Alaska. Volume 9, Salishan Tribes of the Coast. Johnson Reprint Company, New York.

Dewhirst, John

2003 Aboriginal Use and Occupation of Canoe Passage and the Lower South Arm of the Fraser River, B.C. Final Report prepared for Agents for the Attorney General of Canada: Michael LeDressay, J.M. LeDressay and Associates, and Norman W.O. Fraser, Coleman Fraser Whittome & Parcells.

Duff, Wilson

n.d. Wilson Duff Notes. B.C. Archives GR-2809, File 154, Microfilm B-6048.

1952 The Upper Stalo Indians of the Fraser Valley, British Columbia. Anthropology in British Columbia Memoir No. 1. British Columbia Provincial Museum, Victoria.

1997 The Indian History of British Columbia. The Impact of the White Man. New Edition. Royal British Columbia Museum, Victoria. Originally published in 1964.

Dunning, E.

1961 Tsawwassen Legends. The Ladner Optimist, Ladner.

Easton, Norman A.

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1990 The Archaeology of Straits Salish Reef Netting: Past and Future Research Strategies. Northwest Anthropological Research Notes 24(2):161-177.

GeoConnections

2003 Projects. Sencoten Alliance. Available on-line .

Gibbs, George

1877 Tribes of Western and Northwestern Oregon. Pp. 157-241. Department of the Interior, U.S. Geographical Survey of the Rocky Mountain Region. J.W. Powell, Geologist in Charge. Washington. [UVic CIHM No. 14847]

Glavin, Terry

1988 Sites of villages fill gaps in native lore. The Vancouver Sun: B7. Wednesday October 5, 1988.

Harris, Cole

1997 The Resettlement of British Columbia: Essays on Colonialism and Geographical Change. UBC Press, Vancouver.

Hill-Tout, Charles

1978a Ethnological Studies of the Mainland Halkomelem a Division of the Salish of British Columbia. In The Local Contribution of Charles Hill-Tout Volume III: The Mainland Halkomelem. Edited with an introduction by Ralph Maud. Pp. 39-93. Talonbooks, Vancouver. Originally printed 1902 in the Report of the British Association for the Advancement of Science 72nd Meeting: 355-490.

1978b Report on the Ethnology of the South-eastern Tribes of Vancouver Island, British Columbia. In The Salish People. The Local Contribution of Charles Hill-Tout Volume IV: The Sechelt and the South-Eastern Tribes of Vancouver Island. Edited with an

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introduction by Ralph Maud. Pp. 127-162. Talonbooks, Vancouver. Originally printed 1907 in the Journal of the Royal Anthropological Institute 37: 306-374.

Hudson, Douglas

1969 Some Geographical Terms of the Saanich Indians of British Columbia. Unpublished manuscript in possession of the author.

Jenness, Diamond

1934-1936 Coast Salish Fieldnotes (including manuscript entitled “The Saanich Indians of Vancouver Island”). Canadian Ethnology Service Archives, Canadian Museum of Civilization, Hull, Quebec, MS#1103.6.

n.d. Saanich Indians. Unpublished Manuscript No, VII-G-8M in Canadian Ethnology Service Archives, National Museum of Civilization, Ottawa. Manuscript published by Haunted Bookshop, Sydney.

Kane, Paul

1859 Wanderings of An Artist Among the Indians of North America. Longman, Brown, Green, Longmans and Roberts, London.

Kew, Michael

1970 Coast Salish Ceremonial Life: Status and Identity in a Modern Village. Unpublished Ph.D. dissertation, Department of Anthropology, University of Washington.

Maclachlan, Morag (editor)

1998 The Fort Langley Journals 1827-30. University of British Columbia Press, Vancouver.

Musqueam Band Council

1984 Musqueam Comprehensive Land Claim: Preliminary Report on Musqueam Land Use and Occupancy. Unpublished manuscript dated June 1984.

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Musqueam Nation

1976 Musqueam Declaration, dated June 10th, 1976. Submitted with the Statement of Intent and also available on-line .

1993 Statement of Intent submitted to the British Columbia Treaty Commission, dated December 15, 1993. Also available on-line .

Newcombe, C.F., editor

1923 Menzies’ Journal of Vancouver’s Voyage April to October 1792. Archives of British Columbia Memoir No. 5, Victoria.

Pemberton, Joseph Despard

1860 Facts and Figures Relating to Vancouver Island and British Columbia; Showing what to expect and how to get there. Longman, Green, Longman and Roberts, London.

Puget, Peter

1791-1793 A Log of the proceedings of H.M.S. Discovery kept by Lieutenant Peter Puget, 4 January 1791 to 14 January 1793. Public Record Office, London, England. Admiralty 55/27 (copy held by University of British Columbia Library, Vancouver, Government Publications and Microfilms Division, microfilm AW 1, R 338)

Royal Commission on Indian Affairs for the Province of British Columbia

1913 Meeting with the Saanich Band of Indians on their Tsartlip Reserve on the 13th Day of June, 1915. Transcript of evidence, Cowichan Agency. B.C. Archives GR-1995, microfilm B-1454.

1914 Meeting with the Tsaw-wassen Indians, April 28th, 1914. Transcript of evidence, New Westminster Agency. B.C. Archives, GR-1995, microfilm B-1456.

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1916 Report of the Royal Commission on Indian Affairs for the Province of British Columbia. Volume 1 and Volume 3. Acme Press, Victoria.

Rozen, David

1975 Ethnographic interviews conducted with Christopher Paul, for the B.C. Indian Language Project. Unpublished manuscript, B.C. Indian Language Project, Victoria.

Rozen, David

1979 Lower Fraser Valley Planning Study: Ethnographic sites in the Greater Vancouver Regional District. In Leonard Ham, The Evaluation of Archaeological Sites in the Greater Vancouver Regional District: Proposals for Management. Conducted under Archaeological Permit No. 1978-6. Ministry of Sustainable Resource Management, Victoria.

1985 Place Names of the Island Halkomelem Indian People. Unpublished M.A. thesis, Department of Anthropology and Sociology, University of British Columbia.

Ruby, Robert H. and John A. Brown

1986 A Guide to the Indian Tribes of the Pacific Northwest. University of Oklahoma Press, Norman and London.

Sencoten Alliance

2002 Sencot’en Alliance Traditional Use & Occupancy Base Map, dated May 2002. n.d. A Sencoten Bioregional Atlas Building Information Management Capacity a proposal to the Sustainable Communities Initiative from the Sencoten Alliance. Available on-line .

Sparrow, Leona Marie

1976 Work Histories of a Coast Salish Couple. Unpublished MA thesis, Department of Anthropology and Sociology, University of British Columbia.

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Stanley, George S. (editor)

1970 Mapping the Frontier: Charles Wilson’s Diary of the Survey of the 49th Parallel, 1858- 1862. Macmillan of Canada, Toronto.

Stryd, Arnoud

1991 Introduction. In Archaeological Investigations at the Beach Grove Site (DgRs-1), Tsawwassen, B.C. Volume 1. Pp. 1-6. Conducted under Heritage Investigation Permit 1995-016. Unpublished report. Archaeology and Registry Services Branch, Ministry of Sustainable Resource Management, Victoria, B.C.

Suttles, Wayne

1951 Economic Life of the Coast Salish of Haro and Rosario Straits. Ph.D. Dissertation in Anthropology, University of Washington, Seattle.

1974 The Economic Life of the Coast Salish of Haro and Rosario Straits. Coast Salish and Western Washington Indians I. Garland Publishing.

1987 Coast Salish Essays. University of Washington Press, Seattle.

Suttles, Wayne

1987a Variation in Habitat and Culture on the Northwest Coast. In Coast Salish Essays. Pp. 26- 44. University of Washington Press, Seattle.

1990 Central Coast Salish. Handbook of North American Indians Volume 7 Northwest Coast, edited by Wayne Suttles. Pp. 453-475. Smithsonian Institution, Washington, D.C.

1998 The Ethnographic Significance of the Fort Langley Journals. In Fort Langley Journals 1827-1830. Morag Maclachlan, editor. Pp. 163-210. UBC Press, Vancouver.

Thompson, Laurence C., and M. Dale Kinkade

1990 Languages. Handbook of North American Indians, Volume 7 Northwest Coast, edited by Wayne Suttles. Pp. 30-51. Smithsonian Institution, Washington, D.C.

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Tsawwassen First Nation

1994 Statement of Intent. Revision received June 29, 1994. B.C. Treaty Commission website. .

1998 Reconstructing Culture: A Traditional Use Study of the Tsawwassen First Nation. Unpublished manuscript. Tsawwassen First Nation and Ministry of Forests. Report on file, Terrestrial Information Branch, Ministry of Sustainable Resource Management, Victoria, B.C.

1999 TFN Comprehensive Treaty Proposal. Presented July 30, 1999. Tsawwassen First Nations website.

Appendix B. http://www.tsawwassen-fn.org/tre/comp/appendixb1.html

2001 Roberts bank Cumulative Environmental Effects Study: Summary Report “Traditional Use Study of the Roberts Bank Vicinity of the Tsawwassen First Nation Traditional Territory” Jacques Whitford Environment Limited.

Wagner, Henry R.

1933 Spanish Explorations in the Strait of Juan de Fuca. AMS Press, New York. Reprinted in 1971.

Weightman, Barbara

1972 The Musqueam Reserve: A Case Study of the Indian Social Milieu in an Urban Environment. Unpublished Ph.D. Dissertation. Dept. of Geography, University of British Columbia.

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26.0 CONCLUSION

The BCEAA and CEAA legislation that this environmental assessment is addressing have similar requirements. In general both demand that the proposed Deltaport Third Berth Project undergo a comprehensive, integrated and coordinated environmental assessment using a recognised framework. In both BCEAA and CEAA the general framework for environmental assessment:

• provides an opportunity for participation by the community in the process of assessing the effects of the proposed project.

• undertakes technical studies that inventory the values in the relevant ecological, socio-community and economic environment

• identifies the effects of the proposed project and activities associated with the project on the values; and

• recommends measures to avoid, remedy or mitigate negative effects

The specific format for this assessment is contained in the Terms of Reference agreed to between the Vancouver Port Authority, the Technical Biophysical and Socio-Economic working groups and the Environmental Assessment Office, which co-ordinates the involvement of provincial and regulatory agencies in the assessment (Chapter 1 Introduction).

This EA Application of the proposed Deltaport Third Berth Project satisfies the requirements of the legislation and the approved Terms of Reference, and concludes that the Project is not likely to cause significant environmental, socio-economic / community or other effects, taking into account the implementation of appropriate environmental management and impact mitigation measures.

In coming to this conclusion the effects of the Deltaport Third Berth Project, as described in Chapter 2 Project Description, have been assessed using a general framework that was followed in each of the investigations into biophysical or socio-community components of the environment (Chapter 5 Environmental Assessment Methodology). The framework first identifies the existing values, and then assesses the significance of any identified effects on these

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values as a result of the Project. If it is necessary or appropriate, mitigation measures to alleviate or reduce the effects are recommended. If there is no mitigation that can adequately reduce the effect, compensation measures are determined. While efforts were made to follow a standard assessment format in each biophysical, socio-community or economic assessments, differences in the particular needs of each assessment to reach the appropriate rigour meant that this was not always possible.

The biophysical and socio-community investigations presented in Chapters 7 to 18 are summaries of the full study reports that are presented in their entirety as Technical Volumes to this report. The key conclusions to each of the biophysical studies are:

• Deltaport Third Berth will cause no additional impacts on currents, waves and sediment distribution on Roberts Bank (Chapter 7 Coastal Geomorphology);

• the existing water quality at Roberts Bank is characterized as good and the proposed construction and operation of Deltaport Third Berth, with appropriate mitigation measures in place, will not impact on the water quality (Chapter 8 Water Quality);

• the sediments to be excavated for the proposed Deltaport Third Berth are within the Canadian standard for ocean disposal (Chapter 9 Sediment Quality);

• there will be no net loss of marine habitat productivity, or effect on marine mammals as a result of Deltaport Third Berth (Chapter 10 Marine Environment);

• the loss of waterfowl and coastal seabird habitat associated with the Deltaport Third Berth will be mitigated, in addition birds are not limited by habitat in the intercauseway area of Roberts Bank so the temporary loss of habitat is not significant (Chapter 11 Waterfowl and Coastal Seabirds); and

• there are no significant environmental effects on terrestrial biota (plants, invertebrates, reptiles and birds) as a result of the on land and causeway developments associated with Deltaport Third Berth (Chapter 12 Terrestrial Environment)

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The key conclusions to each of the socio-community studies are:

• there is no effect on human health as result of air quality issues associated with Deltaport Third Berth (Chapter 13 Air Quality);

• construction noise levels would have no significant impact on residents in the study area and the only source of operational noise expected to increase by a noticeable amount is rail noise. VPA will continue to work with the Corporation of Delta, City of Surrey and Township and City of Langley to reduce noise from train related operations (Chapter 14 Noise);

• visual amenity is predicted to have minimal impact with the Deltaport Third Berth Project as the development will be visually absorbed into an existing port setting. (Chapter 15 Visual);

• there will be more light associated with Deltaport Third Berth, but the increase will not result in more brightness, impacts will be limited to potential for nuisance glare, which will be mitigated (Chapter 16 Lighting);

• there are no effects from construction or operation of Deltaport Third Berth on socio-community values, facilities or services, and all economic effects are positive (Chapter 17 Socio-community and Economics); and

• there were no archaeological values found during the investigation therefore there are no effects as a result of the Project (Chapter 18 Archaeology).

In addition to these, supporting studies on transportation and traffic were conducted and are presented in Chapter 2 Project Description. The impact of additional road traffic can be mitigated through proposed road improvements to Highway 17. The proposed closure of 57B will require further review with the Corporation of Delta, Delta Farmers Institute, and local residents. Engineering design considerations (geotechnical seismic and project alternatives) are included in Chapter 2 Project Description.

Each of the biophysical and socio-community studies present the impacts of the Project on the relevant environmental components. All the identified effects from every study, and the mitigation measures proposed by the proponent to avoid remedy or mitigate them are

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summarised in Chapter 20 Summary of Project Impacts, Mitigation Measures and Residual Effects. These mitigation measures are developed into plans that will be used to provide measures to protect and mitigate for potential environmental effects (Chapter 21 Environmental Management Program). These include plans for habitat mitigation, and construction and operational environmental management programs. The plans for habitat mitigation and compensation are required to satisfy the DFO and the Fisheries Act.

A comprehensive program to outline the Project and seek feedback from local residents, First Nations, non-government organisations, corporate stakeholders, governments (municipal, regional, provincial and federal) and government agencies was undertaken by VPA. The schedule and outcome (including a brief summary) of each of the consultation activities to inform and allow the participation of various stakeholders is outlined in Chapter 6 Information Distribution and Consultation. Much of the feedback from this consultation was used to design and conduct the component biophysical and socio-community investigations.

Baseline information, assessment, mitigation and consultation information specific to the interests of First Nations who expressed an interest in the Project was conducted (Chapter 25 First Nations Considerations). Consultation with the First Nations, archaeological resources (drawn primarily from Chapter 18 Archaeology), potential effects on First Nations interests, and mitigation measures (including any in environmental management plans) that are specific to First Nations are included in this section.

The background and rationale for the Project, which is increased container terminal throughput for the Port of Vancouver and Canada, is presented in Chapter 3 Project Background. This chapter also discusses the alternative means of achieving the purpose of the Deltaport Third Berth Project such as increasing efficiency at other VPA terminals. Efficiencies alone were not sufficient to meet the objective, therefore the development of the Third Berth was deemed necessary.

The likelihood of accidents or malfunctions associated with the Project that have environmental effects will be low. However, the potential always exists and to understand and reduce the risks of such an eventuality an assessment was undertaken (Chapter 19 Accidents and Malfunctions).

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This chapter also refers to environmental protection plans, which are outlined to addresses procedures that will be followed in the event of an incident.

The effects of seismic events, tsunami, storms and climate change have potential to present some risk to the Project. However, assessments in Chapter 22 Effects of the Environment on the Project indicate that the likelihood of the environment to effects the Project is low. The Roberts Bank landform protects the developments from a large tsunami, and the project is designed to withstand collapse in a 1 in 475 year seismic event in order to minimise risk of loss of life. The design of the proposed Third Berth is sufficient to be unaffected by long-term (up to 2100) climate change scenarios, which predict a sea level rise of about 0.5 m and greater frequency and intensity of storm events.

Cumulative environmental effects are those effects from the Deltaport Third Berth project that interact with effects of other past, existing and potential future projects in a synergistic or additive way. This assessment identifies that the Deltaport Third Berth Project contributes little to the significant cumulative environmental effects in the study area (Chapter 23 Cumulative Effects Assessment). Those cumulative effects that are identified are due to other projects and activities over which the VPA has little control. Nonetheless efforts to mitigate the Deltaport contributions, and where possible the contributions from other projects and activities are recommended.

An interpretation of the viability and availability of renewable biophysical, socio-community and economic resources for future generations indicates that the development is sustainable. In making this interpretation, the assessment considered the sustainability of development during construction and operation (Chapter 24 Sustainable Development). However, it is noted that this interpretation is context dependant.

Monitoring commitments designed to ensure that mitigation measures and other commitments are completed, and effective in addressing the effects are presented in Chapter 21 Environmental Management Program. The follow-up commitments (mitigation measures) are summarised in Chapter 20 Summary of Project Impacts, Mitigation Measures and Residual Effects.

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At the outset of the Deltaport Third Berth Project, the Vancouver Port Authority made a commitment to undertake development in a way that will:

• meet or exceed all regulatory and permitting requirements;

• be environmentally and socially sustainable;

• be designed, built and operated in a way that addresses local issues and delivers local benefits; and,

• be consistent with the world-class operations currently in place at Roberts Bank.

The proposed Deltaport Third Berth meets the requirements of the Vancouver Port Authority to develop sufficient container terminal capacity at Deltaport that has appropriately low social and biophysical effects on the environment. At the same time it delivers economic benefits to the Lower Mainland through improving container cargo imports and exports. This EA Application documents the process undertaken to meet the regulatory requirements and shows that the Project is sustainable. It reaches the conclusion that the Deltaport Third Berth is not likely to cause significant environmental, socio-economic / community or other effects, taking into account the implementation of appropriate management and impact mitigation measures.

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27.0 REFERENCES

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Baldwin, J. and Lovvorn, J. (1994). Habitats and tidal accessibility of the marine foods of dabbling ducks and brant in Boundary Bay, British Columbia. Marine Biology, 120: 627-638.

Barron & Associates (1978). Assessment of Noise Impact of Roberts Bank Port Expansion. Report No. 573.781. Report prepared for Beak Hinton Consultants Ltd. Vancouver, B.C.

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Barron Kennedy Lyzun & Associates Ltd. (1995). Environmental Noise Assessment for Deltaport Container Terminal, Roberts Bank, Delta, B.C. Report No. 1924-95A. Report prepared for Vancouver Port Corporation. Vancouver, B.C.

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BCMWLAP (2003). British Columbia field sampling manual – for continuous monitoring and the collection of air, air-emission, water, wastewater, soil, sediment, and biological samples. BC Ministry of Water, Land and Air Protection. Queens Printer, Victoria, British Columbia.

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BCMWLAP (1998). British Columbia approved water quality guidelines (criteria): 1998 edition, 24 August 2001. http://wlapwww.gov.bc.ca/wat/wq/BCguidelines/approved.html.

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Beauchesne, S.M. (2002). Coastal Vesper Sparrow inventory, southeastern Vancouver Island, May to July 2002. Report prepared for the Garry Oak Ecosystems Vertebrates at Risk Recovery Action Group, Victoria, BC.

Bellrose, F.C. (1976). Ducks, geese and swans of North America. Stackpole Books, Harrisburg, PA.

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Bouchard, R. and Kennedy, D. (1991). Tsawwassen ethnography and ethnohistory. Archaeological Investigations at Tsawwassen, BC. vol. 1. Arcas Consulting Archeologists Ltd. Prepared for Construction Branch, South Coast Region, Ministry of Transportation and Highways, Burnaby BC. Conducted in accordance with permits 1989-41 and 1990-2 issued pursuant to the Heritage Conservation Act., Coquitlam,.

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Cassidy, Burger and Lemon (1998). Testing the efficacy of spiral vibration dampers to reduce bird collisions with overhead transmission wires at the Roberts Bank Superport in 1997.

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Church, M. (2002) The future of the Fraser: thinking about the river in the Lower Mainland. Vancouver Natural History Society Discovery Magazine Article, Fall 2002.

Delta (1986) Official Community Plan. Corporation of Delta.

CitySpaces Consulting Ltd. and Novacorp Consulting Inc. (2004). Roberts Bank Socio- Community and Economic Impact Assessment. Report prepared for Vancouver Port Authority.

Clague, J.J., Hebda, J.R. and Howes, D.E. (1982). Late Quaternary sea levels and crustal movements, coastal British Columbia. Canadian Journal of Earth Sciences, 19, 597-618.

Clague, J.J., Luternauer, J.L. and Mosher, D.C., (eds) (1998). Geology and Natural Hazards of the Fraser River Delta, British Columbia. Geologic Survey of Canada, Bulletin 525, 270 pp.

CMHC (1981). Road and Rail Noise: Effects on Housing. Canada Mortgage and Housing Corporation Report NNHA 5156 08/86. Ottawa, ON.

Containerisation International (2003). California Leavin’: Congestion Sees Shippers Shift Cargo to PNW.

Connaghan, C.J., Kumim, K., Marshall, D., and Wetmore, S. (1996). Proposed agricultural products handling facility Roberts Bank, B.C. Report of the Project Environmental Review Panel. Prepared for Vancouver Port Corporation.

Corp. Delta (1986). Official Community Plan - Schedule A. Delta, BC.

Corp. Delta. (2004a). Leisure Guide, Spring 2004. Delta Parks, Recreation and Culture. Delta, BC.

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Corp. Delta (2004b). Population and Dwelling Unit Statistics Tables. October 2004. Website: http://www.corp.delta.bc.ca

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