18: IHJ INDIAN USUI RY 



pcnsatc ihc .ifVcttcd bands by niakint; up thf shortfall 

 later. Thus: 



3. IIk- IX'iKirtiiK'iU sImhiUI bt- ctiniiiiittt'<l lo Hiving the 

 catcli allmaliHl to Indian hands priority omt tiR- coni- 

 nM'rv'ial an<l s|X)rt llslKTi«.>s. If in any \i'ar a band fails 

 t(» hjir>est its allocation iKt-aiise of ct>nsiT> ation nn-a- 

 sun-s ini|M)sed by tiK' l)t>par1n»ent, and if the IX'part- 

 PK-nt is niuible to pnividi- an altenialive sotirce offish, 

 the IX'partnicnt slnniid be reipiired. in substH|nent 

 years, to nwke up the (k'licieney plus an anMtunt to 

 ci>nipen.sute tlie band for tiK delay in obtaining its 

 catch. 



I suggest that the extra increment be determined with 

 reference to prevailing interest rates. 



Because the above arrangements are intended to recog- 

 nize Indians' traditional rights, no royalties should be 

 applied to the fish allocated through them, notwithstand- 

 ing my recommendation in Chapter 8 for royalties on the 

 commercial catch and my recommendation below that 

 Indians be permitted to sell their catches under some cir- 

 cumstances. Thus: 



4. !No royalties should be levied on fish harvested by 

 Indiaas under the allocations proposed above. 



Forms of Rights 



I have already described the considerable variety of 

 administrative arrangements that are now used to regu- 

 late the Indian fishery. Particular systems appear to work 

 well for some bands but not for others. This is not sur- 

 prising in view of the diversity of fishing opportunities, 

 the vary ing dependence of bands on fish and the range of 

 political organizations and attitudes among Indian com- 

 munities. Some are anxious to become more actively 

 involved in fisheries management and development, 

 while others apf)ear to be more or less satisfied with exist- 

 ing opportunities. This suggests that the appropriate pol- 

 icy must provide some flexibility. 



I propose that Indian bands that are content with the 

 present permit system be given the opportunity to con- 

 tinue under these arrangements with the more clearly 

 defined rights to fish described above. Others who wish to 

 become involved in resource management and enhance- 

 ment, and are able and willing to accept the responsibili- 

 ties that this entails, should be encouraged to do so under 

 new Indian fishery agreements proposed below. 



I therefore recommend that allocations to bands be 

 conveyed through either of two forms of rights: 



5. Each band should be given the opportunity to choose 

 whether its entitlement to fish will be allocated 

 through Indian fishing permits or a new Indian fishery 

 agreement. 



The character of each of these is described below. 



IihUiiii tishiiifi fKriiiils liic permit system should be 

 geared towards bands that want (ish only for food and 

 ceremonial purposes and that do not have an interest in 

 becoming involved in fisheries planning and manage- 

 ment. By and large, present policies should be continued 

 for these. 



6. Indian fishing pemiits should be issued annually to 

 individual fishennen directly by tlie IX.>partnient or 

 thn>ugh band couiK'ils. Pemiits should authorize Indi- 

 ans to take fish for f(M)d and cerenM)nial purposes only. 

 They should specify the quantity and composition of 

 the authorized catch, and the location, time and 

 method of fishing as rc*quired for management pur- 

 poses. 



Later I propose that the Department establish more 

 systematic arrangements for consultation with Indian 

 fishery interests. I expect that through the consultative 

 process some possible simplifications of the permit sys- 

 tem can be identified. Moreover, some of the present reg- 

 ulations governing Indian fishing should be reviewed. I 

 am particularly concerned about restrictions on fishing 

 times that have been imposed more or less across the 

 board without sufficient recognition of the needs of either 

 the Indians affected or resource management. 



Indian fishery agreements Bands that find the permit 

 system unsatisfactory, and wish to participate more 

 actively in fisheries management and enhancement, 

 should have the opportunity to do so. Indians are well 

 suited to engage in fisheries development activities, 

 because of their historical use of and strong cultural 

 attachment to fish. In Chapter 12 I noted that Indians in 

 this region have been more successful in adapting to 

 commercial fishing than other modem industrial activi- 

 ties. Moreover, their communities are well situated geo- 

 graphically to participate in fish management and 

 enhancement. Most reserves are located on or near pro- 

 ductive salmon streams throughout British Columbia: on 

 the coast, they are situated at the mouths of salmon 

 streams and near productive saltwater and shellfish 

 beaches; and in the interior, they are dotted along the 

 reaches of the major salmon rivers. 



At present few Indians are able to support themselves 

 on their reserves. In contrast to other parts of Canada 

 where reserves are large, most of the Indian reserves in 

 British Columbia are small. This is due, at least in part, to 

 the opinion of the authorities who set aside reserves, that 

 Indians in this region did not require large areas of land 

 because of their dependence on fish and wildlife. Thus an 

 early Indian Superintendent for British Columbia noted: 



There is not, of course, the same necessity to 

 set aside extensive grants of agricultural land 



