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Wet'suwet'en Title and Rights

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Wet'suwet'en Title and Rights Wet’suwet’en Title and Rights Regarding Canada Department of Fisheries & Oceans And Pacific Trails Pipeline © 2013 The Office of the Wet’suwet’en. 2 Table of Contents 1.0 Scope & Approach ....................................................................................................................... 4 1.1 Purpose .................................................................................................................................... 4 1.2 Introduction ............................................................................................................................. 4 1.3 Wet’suwet’en Interest ............................................................................................................. 6 1.4 Approach................................................................................................................................. 7 1.5 Wet’suwet’en Context ............................................................................................................. 7 1.6 Wet’suwet’en Territories Crossed by Proposed PTP Pipeline .................................................... 8 1.7 Yintahk – Everything is Connected to the Land ....................................................................... 14 1.8 Wet’suwet’en Title ................................................................................................................ 14 1.9 Wet’suwet’en – Crown Relationship ..................................................................................... 21 1.10 Wet’suwet’en Interests Summary ......................................................................................... 22 2.0 Wet’suwet’en Fisheries Management ...................................................................................... 23 2.1 Salmon Fishery Management................................................................................................. 23 2.2 Harvest and Processing .......................................................................................................... 24 2.3 Post-Contact Fisheries Context .............................................................................................. 26 2.3 Fisheries Management Summary ............................................................................................ 29 3.0 Wet’suwet’en Fish and Fish Habitat ......................................................................................... 31 3.1 Fraser Watershed .................................................................................................................. 31 3.1.1 Wendzil Keen Kwe Watershed ......................................................................................... 32 3.1.2 Neetl’anlii Ts’anlii Watershed .......................................................................................... 37 3.1.3 Misdzi Kwah Watershed .................................................................................................. 45 3.1.4 Fraser Watershed Fish Health ........................................................................................... 46 3.1.5 Fraser River Salmon & Habitat Status ............................................................................... 48 3.2 Skeena Watershed................................................................................................................. 49 3.2.1 Wedzen Kwah Watershed ......................................................................................... 50 3.2.2 Wedzen Kwah Watershed Salmon & Habitat Status ......................................................... 74 4.0 CEAA 2009 KSL Screening Report ............................................................................................... 76 4.1 Overriding Wet’suwet’en Concerns ........................................................................................ 76 4.2 General Wet’suwet’en Concerns ............................................................................................ 77 4.3 Specific Wet’suwet’en Concerns ............................................................................................. 79 5.0 PTP Environmental Assessment Certificate Commitments ........................................................ 87 6.0 Wet’suwet’en Rights & Title Conclusion .................................................................................. 88 6.1 Recommendations ................................................................................................................. 90 7.0 References ............................................................................................................................... 91 8.0 Appendices ............................................................................................................................. 100 3 1.0 Scope & Approach 1.1 Purpose 1. The Office of the Wet’suwet’en (OW) presents this submission to the Canada Department of Fisheries and Oceans (DFO). This submission is a component of the Wet’suwet’en response in respect of the proposed Pacific Trails Pipeline (PTP) project within Wet’suwet’en territory. The PTP project was originally known as the Kitimat-Summit Lake Natural Gas Looping project (KSL). In this submission, both the KSL and PTP names are used. 2. The purpose of this submission is to provide Wet’suwet’en perspective in regard to fish and their habitat within the territory and the proposed Pacific Trails Pipeline, and in particular, the proposed PTP Fish Habitat Compensation Plan (PTP FHCP). The intent of this submission is to protect Wet’suwet’en (Aboriginal) title and rights from infringement, and to ensure that the principles of Wet’suwet’en Governance are being met. 3. The proposed corridor, including its resources, is traditionally occupied by Wet’suwet’en Clan and House members, who exercise land and stewardship rights, prerogatives, and responsibilities. 4. This submission presents: A high level view of Wet’suwet’en rights, title, practices, and values in the proposed energy project corridor and identifies several potential impacts to these rights, title, practices, and values; A brief summary of Wet’suwet’en Fisheries Management; The current status of Wet’suwet’en fish and their habitats and their relationship to Wet’suwet’en culture and well-being, and constitutional rights; Comments regarding the status of the proponent’s commitments; Comments regarding the adequacy of the proponent’s application; Comments regarding the federal government’s 2009 Screening Report; Wet’suwet’en conclusion regarding the proposed PTP project; Recommendations on moving forward with a government to government relationship in order to reconcile Wet’suwet’en title and rights; 5. This submission does not constitute a traditional use study. This submission utilizes the PTP Environmental Assessment Application, the BC Environmental Assessment Office–Assessment Report, the BC Environmental Assessment Certificate including the Commitments, the Fish Habitat Compensation Plan, the CEAA Screening Report, and other relevant information presented to OW prior to September 13, 2013. 1.2 Introduction 6. The Wet’suwet’en are stewards of the land. They are here to protect their traditional territories and to ensure that future generations of Wet’suwet’en are able to live and benefit from all that their ancestral land provides. The Wet’suwet’en are not opposed to commercial and economic development on their traditional territories as long as the proper cultural protocol is followed and respect 4 given. The Wet’suwet’en insist that every effort is made to ensure the protection of their traditional territories from environmental damage. 7. The Wet’suwet’en have faced much adversity since the arrival of the first Euro-Canadian settlers. Despite helping the Euro-Canadian settlers establish railways, farms, rural and urban centers, the Wet’suwet’en have been continually forced off of their traditional territories. Canadian institutions such as the Indian Reserve concept, organized religion, residential schools, regulatory agencies, and industry have also taken their toll. However, the Wet’suwet’en continue to pursue their seasonal round activities through accessing the resources provided by the land. 8. Although the Wet’suwet’en continue to practice their rich culture, they are increasingly being forced away from their territories on which their culture depends. They are involuntarily forced to abandon access to their once abundant resources that have sustained them since time immemorial. The forced abandonment is the result of continual development of agriculture, forestry, mining, roadways, rural and urban expansion, and now proposed market access pipelines. 9. The adverse effects associated with these types of development are seen in: the contamination caused by herbicides and chemical dust suppression on unpaved roads; contamination from acid mine drainage, access developed to enable mineral exploration; the loss and destruction of animal habitats through forestry and rural and urban development; and massive loss of aquatic ecosystem. 10. This submission considers the proposed Pacific Trails Pipeline project from a holistic perspective derived from the Wet’suwet’en world view of Yintahk, whereby everything is connected to the land. What affects one area will affect all others. This approach has been taken in this submission because it allows the Wet’suwet’en to fully express themselves in accordance with their own culture. 11. The proposed Pacific Trails Pipeline currently involves a new 467 km pipeline system delivering
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