I> IMI INI>I \S I ISIII Ry 



Ushvries rvf^nlalktit lk-li>ri.- 1877, all fisheries m Hiilisli 

 Columbia were evsenlially unregulated. 



In this era there was ih> Jisimi.tn>n between 

 "(ikhJ tisher\" and commercial tishing. I'liere 

 were no regulations, no Prcxlamations, no 

 Orders-in-Councii. no laws of am kind which 

 speciticaiiy restricted or regulated Indian 

 fishing in British Columbia.'" 



rhe Dominion Fisheries Act, which was applied to the 

 province that year, included the first official recognition 

 of native fisheries in the province by enabling the Minis- 

 ter to issue licences to Indians to allow them to catch fish 

 tor their own use. The British Columbia Fishing Regula- 

 tions were first adopted under the Act the next year, but 

 It was not until 10 years later in 1888 that they dealt 

 specifically with the Indian fishery. A lease or licence was 

 required by others for fishing in all waters of the prov- 

 ince, but it was provided that — 



Indians shall, at all times, have liberty to fish 

 for the purpose of providing food for them- 

 selves, but not for sale, barter or traffic, by 

 any means other than with drift nets, or 

 spearing.'" 



Over the ensuing decades the regulations continued to 

 give special recognition to Indian fisheries, with a few 

 minor modifications and exceptions. In 1894 the permis- 

 sion of the Department was required for Indians to 

 engage in the fishery, a requirement that was strength- 

 ened by regulations enacted in 1910. Then, a peimit was 

 required, under which the Department could fix the area 

 and time that fishing activities could be undertaken and 

 the gear to be used. 



These provisions continued more or less unchanged 

 until 1977, when new regulations required licences 

 instead of pennits. Although this change in name caused 

 some anxiety among Indians, it was not really very sub- 

 stantial. As with the former permits, licences could spec- 

 ify the area, gear and time of fishing. (In this report I 

 continue to refer to these authorizations as permits, as 

 they are commonly known.) The regulations continue to 

 prohibit the sale or trade of fish to others. The most 

 recent development came in 1981, when a new regulation 

 required permits to specify both the species and the 

 quantities of fish that may be taken. However, I under- 

 stand that this latter requirement has been implemented 

 only in some permits. 



The pennit system has given rise to a good deal of 

 friction between the Department and certain Indian 

 bands, as I describe below. In 1977, in an effort to reduce 

 tension, the Department initiated the practice of issuing 

 permits to some Indian bands instead of to their individ- 

 ual members, with the permits to be administered by 



band councils. This practice has been formally acknowl- 

 edged in recent aniciKlmenIs to the fisheries regulations. 

 Today, aK)ul 10 percent of the banils engagetl in the 

 fishery participate under this arrangement, and the 

 Departnient reports few problems with enforcing these 

 permits. I or t)ther band.s, individual permits continue to 

 be issued directly by fishery officers, though sometimes 

 they simply supply a number of permits to an Indian 

 community. Another arrangement involves issuing per- 

 mits to Indian commercial fishermen authorizing them to 

 use commercial gear to catch food fish for distribution to 

 others. 



Indiiui liuids ddndnistrjtiun A recurrent source of 

 friction between the two levels of government and the 

 Indian community since British Columbia joined Con- 

 federation has been the allotment of reserves to Indian 

 bands in the province. The Terms of Union that were I 

 settled between the two governments in 1871 provided 

 that — 



. . . tracts of land of such extent as it has been 

 hitherto the practice of the Briti.sh Columbia 

 Government to appropriate for that purpose, 

 shall from time to time be conveyed by the 

 Local Government to the Dominion Govern- 

 ment in trust for the use and benefit of the 

 Indians. . . ." 



Difficulties with interpreting these general expressions 

 led to the appointment of Reserve Allotment Commis- 

 sions over the 40 years from 1876 to 1916, which were to 

 make recommendations to both governments with 

 respect to reserve lands for Indian bands in the province. 

 In the course of discharging their responsibilities, these 

 commissions frequently recognized traditional Indian 

 fishing locations by allotting to some bands exclusive 

 fishing rights at tidewater and over certain stretches of 

 inland streams, although at the time the commissioners 

 expressed concern about their authority to do so. 



CURRENT PROBLEMS 



The present policy governing the Indian fishery is not 

 only unsatisfactory to many Indians, but gives rise to 

 awkward management and enforcement problems for the 

 Department. Unless the arrangements are improved, fric- 

 tion between the government and the Indian community 

 will almost certainly increase. 



Increasingly stringent regulations, particularly those 

 requiring permits and curtailing fishing times, have been 

 regarded by the Indian community as unfair interfer- 

 ences with their historical traditions and rights. Some 

 have complied with the regulations, but others have 

 refused, leaving fisheries officials with little choice but to 

 prosecute. Tighter regulations have meant increased 

 enforcement, which in turn has led to charges and court 



