THE INDIAN HSHERY 183 



for Coast Indians; but their rights to fishing 

 stations and hunting grounds should not be 

 interfered with, and they should receive ever>' 

 assurance of perfect freedom from future 

 encroachments of every description.^^ 



Thus most reserves west of the Rocky Mountains are 

 capable of supporting agriculture or forestry only on a 

 very modest scale. In addition, most reserves are isolated, 

 so off-reserve employment opportunities are limited. 



While the Indians' orientation toward fish resources 

 justified small reserves, fisheries policy has prevented 

 them from developing economic activity based on fish. 

 What was once an activity that provided a base for com- 

 merce as well as food has become, through prohibition on 

 the sale offish, a subsistence fishery. 



To enable Indians to regain the economic opportuni- 

 ties afforded by their access to fish. I propose new Indian 

 fishery agreements that will take the form of contracts 

 between the government and Indian bands. These agree- 

 ments should have terms of 10 years to provide reason- 

 able security for planning and development; they should 

 contain provisions for renewal at least 1 year before they 

 expire in order to avoid uncertainty as the end of the 

 term approaches; they should incorporate the band's 

 allocation of fish recommended above; and they should 

 permit the bands to sell their authorized catches, under 

 appropriate monitoring and marketing arrangements. 



Each agreement should call for an annual fishing plan 

 to be designed jointly by the band and the Department in 

 advance of the fishing season. This will enable the 

 Department to approve fishing times and the demands on 

 particular stocks and ensure orderly harvesting with ref- 

 erence to the cycles of fish abundance. 



The agreements should also provide Indians with an 

 opportunity to engage constructively in enhancement 

 activities. Many Indians are interested in becoming 

 involved in enhancement programs, especially for 

 salmon. In Chapter 5 I described the participation of 

 Indians in the Salmonid Enhancement Program through 

 its Community Development Program, but the resources 

 of this program are insufficient to cope with the large 

 number of proposals from Indians. Thus, Indian fishery 

 agreements offer an avenue for broadening this activity 

 without depending on the enhancement program's funds. 



Where bands have identified enhancement opportuni- 

 ties and are willing and able to undertake them, their 

 Indian fishery agreements should enable them to do so 

 under an attached enhancement plan approved by the 

 Department. And they should benefit from a share of the 

 enhanced production. The share should be set out in the 

 plan, and be fixed with reference to the cost of the 

 enhancement activity, any governmental support 

 received and other considerations. 



The following recommendation incorporates all these 

 features: 



7. The Department should be authorized to enter into 

 Indian Fisher> Agreements with Indian bands. These 

 agreements should — 



i) Carry terms of 10 years with provisions for 

 renewal 1 year before the term expires. 



ii) Specify the bands' allocation of fish. 



iii) Authorize the band to hanest its allocation of fish 

 according to an annual fishing plan determined 

 jointly by the band and the Department. 



iv) Where appropriate, authorize the band to engage 

 in enhancement activities on or near their 

 reserves and to augment their allocated catch by 

 a portion of the enhanced stocks, under fisheries 

 management plans. 



v) E-xempt the band from restrictions on the sale of 

 fish under agreed monitoring and marketing 

 arrangements. 



The provision for marketing arrangements is necessary 

 to enable monitoring and inspection of catches and to 

 ensure that health standards are met. I expect that the 

 market channel will normally be an organization of the 

 band itself or an associated corporation or coof)erative. 



On larger river systems, where several bands hold these 

 Indian fishery agreements, collective planning might be 

 advantageous. Discussions leading up to annual fishing 

 plans, especially, could include all the relevant bands, 

 and might involve tribal councils and other umbrella 

 native organizations. 



Administration and Enforcement 



An important objective of these new arrangements 

 should be to enable the Indian bands to participate in 

 administration and enforcement. Certainly they are well 

 placed to assist with the allocation of catches among their 

 members, and regulating and monitoring fishing activity. 

 Many Indians want this responsibility, and experience 

 has shown that where they have been given it, the admin- 

 istrative and enforcement problems of the Department 

 have been lessened. 



Individual permits issued by fishery officers, band per- 

 mits administered by band councils, and fisheries man- 

 agement plans of the kind proposed here represent a pro- 

 gression of responsibility into the hands of Indians them- 

 selves. As a general rule, the more responsibility 

 successfully delegated to the Indians in this matter, the 

 better, providing that the needs of fisheries management 

 are met. 



