Cut back on taking “forage fish” to save salmon and halibut, scientists recommend

A group of international scientists is recommending that fishing for what they call “forage fish,” including herring and anchovy, should be cut in half around the world to help save larger predator species like halibut and salmon.

Harvesting anchovy in Peru
Harvesting anchovy in Peru (Lenfest Forage Fish Task Force)

The expert group of marine scientists, called the Lenforest Forage Fish Task Force, say their worldwide analysis of the science and management of forage fish populations, “Little Fish, Big Impact: Managing a crucial link in ocean food webs,” concluded that in most ecosystems at least twice as many of these species should be left in the ocean as is done now.

The scientist say a thriving marine ecosystem relies on plenty of forage fish. These small schooling fish are a crucial link in ocean food webs because they eat plankton, tiny plants and animals and are then preyed upon by animals such as penguins, whales, seals, puffins, and dolphins.

The task force says “forage fish” are primary food sources for many commercially and recreationally valuable fish found including salmon, halibut, tuna, striped bass, and cod.
The task force says that if “forage fish” are consumed by other commercially important species they are worth $11.3 billion. But if the “forage fish” are caught themselves, they only generate $5.6 billion as “direct catch.”

Forage fish are used in fish meal and fish oil to feed farmed fish, pigs, and chickens that people consume on a regular basis. Fish oil is also used in nutritional supplements for humans.

“Traditionally we have been managing fisheries for forage species in a manner that cannot sustain the food webs, or some of the industries, they support,” says Dr. Ellen K. Pikitch of the Institute for Ocean Conservation Science at Stony Brook University, who convened and led the Lenfest Forage Fish Task Force.

“As three-fourths of marine ecosystems in our study have predators highly dependent on forage fish, it is economically and biologically imperative that we develop smarter management for these small but significant species.”

Small schooling fish are an important part of the ecosystem on both coasts of North America. Many marketable species on the Pacific coast feed on the forage fish, including as salmon, lingcod, Pacific hake, Pacific halibut, and spiny dogfish.

A large number of seabird species relies on them as well, and research shows that the breeding success of the federally endangered California least tern may depend on the availability of local anchovy populations. On the eastern seaboard, more menhaden are caught (by weight) than any other fish off the Atlantic coast. Taking out excessive amounts, however, means less food for tuna, bluefish, and striped bass ― as well as whales, dolphins, and seabirds – and affects fisheries and tourism industries from Maine to Florida.

“Around the globe, we’ve seen how removing too many forage fish can significantly affect predators and people who rely on that system’s resources for their livelihoods,” said Dr. Edward D. Houde, a professor at the University of Maryland’s Center for Environmental Science and task force member. “We need to be more precautionary in how we manage forage fish in ecosystems that we know very little about.”

Made up of 13 preeminent scientists with expertise in a wide range of disciplines, including UBC, the Lenfest Forage Fish Task Force was established to generate specific and practical advice to support better management of forage fish around the world. This group of experts, with support from the Lenfest Ocean Program, synthesized scientific research and other information about these species and conducted original simulation modeling to reach their conclusions.

“The Lenfest Forage Fish Task Force has provided guidance on how to prevent overfishing of these small prey species,” said Dr. P. Dee Boersma, professor and director of the Center for Penguins as Ocean Sentinels at the University of Washington and task force member. “Our hope is that fishery managers will put our recommendations into action to protect penguins, cod, whales, and a whole host of other creatures that need them to survive.”

Links Lenfest Forage Fish Task Force

Conservatives to limit time for environmental reviews, including Northern Gateway

The Conservative government is taking aim at environmental reviews of major resource projects and will impose time limits on those reviews from 12 to 24 months.

In a briefing in the Ottawa budget lockup, Finance Minister Jim Flaherty said, “The new timelines will apply to the Northern Gateway Pipeline.”

Currently, major resource projects can take as long six years to approve. Under the new rules the whole process will take no more than 24 months. Rosemary Barton of CBC said on air that the Gateway project will be now limited to 18 months, but there were no details when the 18 month limit actually starts.

Skeena Bulkley Valley NDP MP Nathan Cullen called the new limits “a rubber stamp that is not good for business or the environment,” noting that one major oil spill would wipe out any savings for government and industry for decades.

Cullen said limiting the Northern Gateway Joint Review proceedings “changes the rules of the game and opens it up to court proceedings. I’ve never heard of a government changing everything half way through. They’re rigging the entire process and they’re not ashamed of it.”

The changes to environmental assessment are, at the moment, expected to be part of the budget omnibus bill. Cullen said the Opposition will try to “hive it off” in the committee stage into a stand alone bill. He was not optimistic and noted that using budget riders to get unpopular measures into law was a common Republican tactic in the United States.

“The cost of approving bad projects is going to cost us multiple times more,” Cullen said. “For example, we used to approve projects with hardly any review at all and we are still paying about 170 million dollars in Yukon for bad mines that were approved without anybody doing any science. The idea that you can short cut this things and it won’t cost in the end, is insanity.”

Cullen pointed to $80 million in cuts to the Department of Fisheries and Oceans, will cut the already under resourced DFO monitoring of the fisheries, at the time that the Harper government is accelerating the Northern Gateway project. While the Canadian Coast Guard will get $5.2 billion over 11 years, Cullen noted that this money will go for new ships and there are unlikely to be any increases in the operational budget.

There appear to be no changes in the budget to the habitat provisions of the Fisheries Act, unless it is buried in the fine print. In his interview with the CBC, Flaherty called some provisions of the Fisheries Act aimed at preserving habitat as “ridiculous,” repeating the story about a flooded farmer’s field in Saskatchewan.

Flaherty said “It’s anticipated there will be $500 billion investment in mining and oil, minerals in the next ten years. That’s an incredible opportunity. We can blow it, but that would be ridiculous. one study, one project, one review. ”

The Canadian Association of Petroleum Producers welcomed the government move to speed up environmental reviews  saying:

[T]he plan to improve Canada’s regulatory process for natural resource projects will generate more jobs and a stronger Canadian economy while ensuring continued environmental performance, Canada’s upstream oil and natural gas producers said today.

“Broad-based regulatory reform is fundamental to attracting investment that creates Canadian jobs, prosperity and economic growth,” said Canadian Association of Petroleum Producers President Dave Collyer. “The government’s plan will improve the timeliness and efficiency of the decision-making process while the regulatory scrutiny that Canadians expect remains intact…”

The upstream petroleum industry is the largest single private sector investor in Canada – investing over $50 billion each year and employing more than 500,000 Canadians. Regulatory bottlenecks in the current system have often led to project delays or outright cancellations due to missed market opportunities, with a resultant reduction in economic benefits that would flow from these delayed or foregone investments.

“The changes broadly outlined in the federal budget will improve our business climate and competitiveness without compromising our commitment to responsible, sustainable development,” Collyer said.

The environmental movement was quick to disagree. The BC based Wilderness Committee said in a release

Corporations and polluters could reap the rewards of today’s federal Budget and the follow-up legislation, which will weaken the environmental assessment process.
The Budget includes major cuts to Fisheries and Oceans Canada, and eliminates the National Round Table on the Environment and the Economy.

The changes to the environmental assessment process explicitly aim to help speed up approval of tar sands pipelines like the Enbridge Northern Gateway Pipeline and Kinder Morgan’s Trans Mountain pipeline expansion. This will put the Canadian people at increased risk of oil spills, polluted rivers and fish kills, as well as lost wildlife.

“Energy giant Kinder Morgan had said they would formally submit their application to the National Energy Board to twin their tar sands pipeline by the end of this month, but now they’ve delayed,” said Ben West, the Wilderness Committee’s Healthy Communities Campaigner. “It seems to me that Kinder Morgan could be waiting to take advantage of a weakened review process,” said West.

The West Coast Environmental law group which has opposed the Northern Gateway pipeline said in an e-mail to the media

Today’s budget announcements make it clear that long-standing legal protections for the environment, including environmental reviews of major industrial projects like mines and oil pipelines will soon be rolled back or eliminated.

For decades, Canadians have depended on the federal government to safeguard our families and nature from pollution, toxic contamination and other environmental problems through a safety net of environmental laws. Today?s budget would cut up this environmental safety net to serve the interests of a few big companies.

Canadians want strong environmental laws to protect our communities, ecosystems, health, and economy. Recklessly rushing approvals for major industrial projects like pipelines is not the same as building a sustainable economy. A robust, sustainable economy depends on a healthy environment. The multi-billion dollar clean up costs from the Exxon Valdez and the Gulf oil spill remind us that it is citizens who pay the price when things go wrong.

John Bennett, Executive Director of the Sierra Club Canada said:

“Environmental assessments need to be thorough, consultative and science-based. Creating hard-time limits and rushing the process compromises all these things.”

The changes will result in weaker environmental assessments and projects being approved without a full understanding of the social, economic and environmental impacts they will have.

“We have environmental assessment laws to prevent repeating the mistakes of the past. It is far better to identify problems and then improve a design than to breathe polluted air or clean up dead fish,” said Mr. Bennett.

 

Minister issues non-denial denial on taking habitat protection out of the Fisheries Act

On Friday, March 16, Fisheries Minister Keith Ashfield released a brief statement denying that the government had made a decision to take habitat protection for fish out of the Fisheries Act (Earlier in the week reports had leaked saying that government intended to take protections for fish habitat out of the act, as way of clearing the way for industry.)

Ashfield’s statement, which came at 4:40 p.m. Eastern Time appeared to be the classic buried government news release issued late on  a Friday.  The release actually did not deny facts of  the leak, making it also a classic non-denial denial.

Ottawa (Ontario) – The Minister of Fisheries and Oceans today issued the following statement:

“The government is reviewing fish and fish habitat protection policies to ensure they do not go beyond their intended conservation goals. Recent speculation about the current review is inaccurate. No decision has been made.

“The government has been clear that the existing policies do not reflect the priorities of Canadians.

“We want to focus our activities on protecting natural waterways that are home to the fish Canadians value most instead of on flooded fields and ditches.”

It is clear that Conservative policy, such as proposed changes to the Environmental Assessment Act and budget cuts at Environment Canada, is to eliminate as many environmental protections as possible, and so the sentence that policies “do not go beyond their intended conservation goals” must be interpreted in light of the environmental record of the Conservative government.

On March 13, media including The Globe and Mail  Ottawa wants to bow out of regulating fish habitat, documents show and The Vancouver Sun, Canada poised to ‘gut’ fish protection laws, biologist claims reported that the Conservatives want to get government out of the job of regulating fish habitat, so projects such as the Enbridge Northern Gateway pipeline can be fast tracked.

Otto Langer, an aquatic ecologist who worked for the federal government for 32 years, obtained the documents and made them available to the media.

He said the documents show that the government intends to remove the requirement in the Canada Fisheries Act to protect fish habitats for any fish that is not of “economic, cultural or ecological value.”

Langer told The Globe and Mail: “Probably the main reason why the oil industry, especially in the Prairie provinces, wants it out of the act is its use triggers [a review under] the Canadian Environmental Assessment Act. If you are going to do harm to habitat, you have to do an environmental review and that takes time and money.”

Speaking to The Vancouver Sun Langer asked how the government could define
“what is a fish of economic, cultural or ecological value?”

Documents obtained by PostMedia news, as reported in The Vancouver Sun story, say that energy and other industries consider the Fisheries Act a irritant that holds up projects.  One of the documents say:

“Some of the largest and most complex natural resource and industrial development projects across the country are affected by Fisheries Act requirements, which are consistently identified as one of the top federal regulatory irritants by stakeholders across the country,”

In his bi-weekly conference call with northwestern reporters, earlier Friday, before Ashfield issued his statement, Skeena Bulkley Valley NDP MP Nathan Cullen said he has heard the “the government is planning to take the word ‘habitat’ of Section 35 of the Fisheries Act and then ram that potential change into a budget bill.

“This is what the fisheries act is for, to protect habitat,” Cullen said. “Protecting habitat is one of the most crucial factors in protecting fish stocks. If you can’t protect habitat, then how do you protect fish?

If they do this,” Cullen said, “They’ll rip the very heart out of the Fisheries Act. The heart and soul of the act is that if you want to protect fish, you must consider habitat. You don’t have to be a genius or a fish biologist to know that if the fish don’t have anywhere to spawn, you’ll kill the fishery.”

Cullen said if the government does go ahead with the changes, “it will further compound all the problems and stresses we’ve been putting on the fishery. Essentially the government is saying that wild fish populations will not matter, that oil and gas is going to trump them every single time.

He went to say, “They did this with the Navigable Waters Act a few years ago They killed off a one hundred year old act that was designed to protect waterways in Canada. You know who it upset, and this is something the government is going to have to be paying attention to is the BC Wildlife Federation, the anglers and hunters associations, any of those groups that likes the go out into nature and actually see some nature. All of those groups got upset last time and now its going to be that times ten.“

Ashfield’s statement about flooding referred to a couple of incidents where the Department of Fisheries and Oceans would not allow draining of  flooded areas. He told the House of Commons “Last year in Saskatchewan, a long-running country jamboree was nearly cancelled after newly flooded fields were deemed fish habitat by fisheries officials. In Richelieu, the application of rules blocked a farmer from draining his flooded field.”

In response, The Globe and Mail quoted Adam Matichuk, fisheries project co-ordinator for the Saskatchewan Wildlife Federation, said that, during high-water events, many fish species move into flooded areas to feed and reproduce.

“The Craven area is basically a flood plain,” he said. “It doesn’t flood every year, but, when it does, fish take advantage of it. There were hundreds of thousands of young fish, mostly pike and walleye, in there when they turned on those pumps,” he said.

 

Enbridge presents strong case for marine safety planning

Enbridge made its strongest public case yet Tuesday, March 13, that improvements in marine safety worldwide since the Exxon Valdez disaster in 1989, make the chances of an accident involving ships carrying bitumen and condensate in Douglas Channel and the BC Coast highly unlikely.

But one of Enbridge’s own invited experts somewhat undermined the case by pointing out that in the event of a major tanker incident (as unlikely as Enbridge believes it may be) the resources of the federal and provincial governments are spread far too thin to deal with a major disaster.

The Enbridge Community Advisory Board held a public meeting Tuesday at Mt. Elizabeth Theatre, with three guests presenting a case that they also gave to the regular meeting of the advisory board earlier in the day.

The three guests were Capt. Stephen Brown, of the BC Chamber of Shipping, Capt. Fred Denning, of British Columbia Coast Pilots and Norm Fallows, an emergency response officer with the BC Ministry of the Environment, based in Smithers.

There were only a few dozen people in the theatre for the presentation, compared the full house for last year’s community forum that was sponsored by the District of Kitimat. One reason may be that many Kitimat residents preferred being in the stands for the Coy Cup hockey championships at Tamitik Arena rather than sitting through yet another presentation on the Northern Gateway pipeline.

Denning opened the presentations by explaining the role of the BC Coast Pilots. The BC Coast Pilots is a private firm that contracts with government’s Pacific Pilotage Authority to provide pilots to ships plying the coast of British Columbia. By law all vessels larger than 350 gross registered tonnes are required to use a marine pilot.

Both in his presentation and in the question and answer period, Denning stressed that pilots are traditionally independent from government and industry, with the responsibility to ensure the safety of shipping.

In the question and answer period, when an audience member pointed out that under the Transport Canada TERMPOL process, use of tugs in Douglas Channel and use of tethered tugs was “voluntary,” Denning replied that the pilots would be insisting on tethered escort tugs for tankers on Douglas Channel.

He explained that BC pilots are highly experienced mariners, usually with 25 years or more experience on the coast, the majority of that time as a ship’s officer. An applicant to become a pilot is put on a waiting list, and if accepted, then is trained both on ships and simulators and serves a six to 12 month apprenticeship.

He said that BC coastal pilots have a 99.89 per cent incident safety record.

BC pilots now carry a large laptop called a Portable Pilot Unit, which operates independent of the ship’s navigation and computer systems gathering navigation and other data, as a redundant safety system.

Denning expects that marine traffic on the BC coast will continue to increase because the ports of Vancouver and Prince Rupert are the closest to Asia by the Great Circle routes. Both cargo and the energy projects, whether the Enbridge Northern Gateway or the the liquified natural gas terminals will mean more ships and more work for the pilots.

The pilots are always consulted in the development of any new traffic or terminal projects in BC. Including design, testing the ship’s courses in simulators, recommending new navigational aides and training for the pilots. Pilots were consulted during the development of Deltaport and Fairiew container terminals as well as the cruise ship terminals in Victoria, Nanaimo and Campbell River.

The pilots are being consulted on both the Enbridge and LNG projects at Kitimat as well as the proposed expansion of the Kinder Morgan facility in Vancouver. For the existing Kinder Morgan terminal, pilots were involved in creating navigation aides and tug procedures for the Second Narrows.

Stephen Brown is a member of the Community Advisory Board as well as representing the Bureau of Shipping. He began with a detailed timeline of how shipping regulations have been tightened over the years since what is now the International Maritime Organization, a United Nations agency, was founded in 1948. He said the Exxon Valdez accident in 1989 triggered even tighter regulations, including the 1990 US Oil Pollution Act passed by Congress which required all ships have containment capability and a spill clean up plan. The act also ordered US shippers to phase out single hulled tankers beginning in 1995. In 1992, the IMO adopted a similar measure.
Since the 1990s, there have been new regulations preventing the dumping of ballast and creating higher standards for crew and officer training, including hours of work, watch keeping standards and environmental awareness.

Brown then went on to discuss shipping in narrow waterways which he said were similar to Douglas Channel, including the Straits of Dover between Britain and France, the Straits of Malacca between Singapore and Malaysia and the island of Sumatra, the Dardanelles and Bosporus Strait in Turkey (which traditionally are said to join Europe with Asia) and the Panama Canal. All those areas, he said, see heavy shipping traffic, including tankers, each year.

The narrowest passage is in the Bosporus, which is 698 metres wide, a little less than one half nautical mile.

Comparing the Bosporus with Douglas Channel, Brown said Douglas Channel is much wider, about three kilometres, meaning that inbound and outbound ships can pass a half kilometre apart.
He went over how tanker management has improved with double hulls and better overall construction standards,vetting of ships and crews, and creating “a culture of safety and respect for the environment.”

The final speaker Norm Fallows, from the BC Ministry of the Environment Emergency Management,  outlined the current emergency response system in the province. Central to any response to a oil spill or any other hazard materials problem is the “incident command system.” also used most often for fighting forest fires. The incident command system ensures that all public agencies and the private sector are cooperating and coordinating with one overall person in charge.

The province has a “polluter pay” policy, Fallows said, meaning that the “responsible party” must pay for all the cost involved. Sometimes, int he case of a meth lab, it is the unfortunate owner of a house that may have been rented by drug dealers.

Fallows said he is one of only 10 emergency response officers stationed across the province of British Columbia, In contrast, the State of Washington, with a much smaller land area than BC, has 79.

Any response to a spill has to do the best possible in the situation, Fallows said. He gave the example of burning off an oil spill in some circumstances because that was both the most cost effective solution that at the same time in those circumstances did the least harm to the environment.

In the early part of the first decade, Fallows said, some staff at the environment department were proposing what was called “Geographic Response Planning,” which involved surveying an area for both potential hazards and solutions, and bringing in local responders including fire, police and local industry. Planning for the GRP program had minimal funding, which was later dropped by the province.

In contrast, Fallows said, the state of Washington has spent millions of dollars creating a geographic response program for that state.

In response to questions from the audience, Fallows said that adequate emergency response in British Columbia needed “more resources” from both the provincial and federal governments.

Tanker traffic could mean safety restrictions for recreational boating and fishing on Douglas Channel

The TERMPOL report issued today on the increased tanker traffic on Douglas Channel may mean restrictions not only on the tankers themselves, as proposed by Enbridge, but also safety restrictions on recreational boaters and both commercial and recreational fishing.

The appendix to the report says:

The collision risk for the proposed tankers is assessed to be low.  Therefore, the effect of implementing the traffic scheme would also be low, and the potential effect on oil spill risk very limited.

However a traffic separation scheme would make it easier for small recreational crafts in the area to keep out of the way of passing larger vessels as they would know which side the tankers would transit.

It also says:

Fishing openings in the waters of Douglas Channel and Principle Channel may affect the timing of vessel transits.

The proponent proposes to establish a Fisheries Liaison Committee  that will include Aboriginal, commercial and local fisheries representatives who will provide advice on means to reduce the routine effects of the terminal operations and vessel movements on marine fisheries and other marine users. The committee will also provide a forum for discussion of measures to be taken to mitigate  effects of hydrocarbon releases on other marine users.

 

While keeping out of supertankers is certain common sense navigation,  any potential sevre restrictions are likely only to increase the irritation and opposition to the project by Kitimat and coastal boaters, fishers and environmentalists.

The Cullen confrontation at the Joint Review hearings: Transcripts

The Member of  Parliament for Skeena Bulkley Valley,  Nathan Cullen had a fiery debate Friday, Feb. 17. 2012, in Prince Rupert with the Northern Gateway Joint Review panel over a subject that has been vexing the panel since the first day of hearings at Kitamaat Village, the exact definition of what constitutes personal or traditional knowledge in this round which the panel calls  “Community Hearings.”

This is an edited transcript of the proceedings where Cullen was testifying.

Chair Sheila Leggett repeated at the opening on Friday:

So as I’ve stated, we’re here today to listen to the oral evidence from
intervenors that have previously registered with the Panel. Oral evidence is only
that information which is relevant to the matters the Panel will be considering and
cannot be presented as written evidence.

In order to assist parties regarding the types of information that
intervenors may provide as oral evidence during the community hearings, the
Panel issued Procedural Direction Number 4.

Parties will not be able to provide information orally here that could be
provided in writing or at a later stage in the process. This would include
information such as technical information, questions to the Applicant, or
argument and opinion on the decisions you would like the Panel to make. This is
not what we are here to listen to today.

Sharing your traditional knowledge and your personal knowledge and
experiences on the impacts that the proposed project may have on you and your
community, and how any impacts could be eliminated or reduced, is of great help
to us. This is the type of information we’re here to listen to today. We appreciate

Nathan Cullen then began his testimony, with an acknowledgment that it was taking place  on the traditional territory of the Tsimshian Nation

Cullen. I think it does the entire process a level of respect that is actually quite
indicative of how we, in the Northwest, like to treat visitors, with respect and
understanding and an open heart. I also thank the Metlakatla Nation for allowing
me to switch times with them to make this available — I’m a little preoccup ied
with some other endeavors right now.

I think in the best tradition of Justice Berger, this Panel is attempting to
establish a balance between traditional knowledge, rights and title and the laws of
this land, and the importance of hearing oral testimony and oral evidence and
giving it the weight and circumstance that we do to technical briefings and to
other sources that upon which you will make your decision.

And let me say that I have no envy for you in the chairs that you are in.

This is an incredibly complicated matter. It weaves together many of the most
fundamental factors and decisions that exist within any nation and potentially has
an impact on many people, both here in the Northwest of British Columbia but
right across Canada and perhaps around the world.

I will also, as I’ve expressed to you privately, Panel, do my level best to
adhere to Procedural Direction Number 4 and follow in the guidelines that you’ve
set forth. It’s somewhat out of practice for serving politician to find themselves
restricted in particular ways when we are speaking but it’s good practice anyways.

Let me say that politics is my vocation, a calling, and politics ultimately at
its best is about story. It is about collecting the stories of people that we seek to
represent and then relaying those stories to a broader audience.

I see that my testimony here today is certainly on my behalf as an
independent Canadian citizen, as a resident of the Northwest, but also on behalf of
many people who either can’t speak or are intimidated by the process to be here,
who have relayed many of their concerns and thoughts and hopes through me to
you.

This is about telling our story. This proposal of a pipeline and the super
tankers that are connected to it asks us to ask questions of ourselves, as a people,
as region, and as a country. And I believe, fundamentally, if I attempt to
summarize where the concerns lay, it is a question of trust. And I will break that
down into four particular segments because I think there are elements in this
question that are important for you to consider.

First and foremost is trust of this particular company. They are the one
making the proposal through you to the Canadian Government and through you to
the people that I represent here in the Northwest. Can the company be trusted?
Has the company’s record in the past shown it to be worthy of trust? I think this
is also a technical question, although I won’t — I will refer away from the
technical aspects of trust of pipelines themselves and of the capacity to keep them
safe and of the tankers that are associated to this project in the particular area that
we are talking about, and can we trust that that will also be safe?

In some ways, this very process is the third area of trust. Can the people
that I represent trust what’s happening here? Is it as you said in your introduction,

Chairwoman — and I think it’s accurate — as established as an independent arm ofgovernment? Is it free in the way that we have designed it to come to a decision and is that decision going to be respected? That is a question that many of the people that I represent — that is a question that I ask.

And, lastly, and perhaps most fundamentally, the question of trust of the
Federal Government, the Government of Canada to honour the commitments that
they make in law and by statute, that will be actually be adhered to.

And I think as we watch the current government in action, there is a
certain amount of mistrust over the particular issue of energy and over the
particular industry of oil; that many of my constituents feel that there is not a level
playing in the conversation; that they feel that perhaps we are an afterthought to
the interests of the oil sector and that we should have a respect for a fundamental
idea as Canadians; that we live in a democratic society and that the government of
the day goes well beyond its mandate and its ethics to attempt to bully or silence
Canadians when they seek to raise their voice at Panels like this or anywhere else
across the country.

Let me start first with the companies and I will relate my personal
experience because I think that’s what you’re seeking.

It’s been a number of years since I’ve been dealing with Enbridge. This is
not new to me, this is a company that I have been dealing with for quite some
time and, upon their invitation, met them some years ago — Chairman, I think you
may have that —

Sheila Leggett interrupts and says:: Mr. Cullen, I just want to make sure that we
were going to be — you were going to be talking to us about your personal
knowledge and experience about the potential effects of the project.

Cullen: Absolutely.
Leggett. THE CHAIRPERSON: Terrific.
Cullen: Absolutely. Allow me to relate –
Leggett:  On you or your community.

Cullen That’s right.

Leggett: Thank you.
Cullen: So allow me to relate to this.  So my first personal interaction with the company outside of some emails and some telephone calls, was a meeting that was held in Vancouver talking about how the company would interact with my community and what the effects would be of that interaction.

And the first thing that the company wanted me to know was that they had
been able to successfully raise a $100 million in the effort to promote this project;
a $100 million that was received in $10 million allotments that was from
undeclared sources.

I asked who is behind that and they neglected to reveal that, which is fine.
Since that meeting a number of years ago, we do know now who some of those
companies are. The reason this is relevant is that we have been unable to
encounter any project in Canadian or U.S. history that has had that type of money
and support behind just the promotion and engagement of citizens. It’s an
extraordinary amount of money and that money bares influence and it can’t be
ignored.

I thought it was an extraordinary claim for them to make, to be the first
thing that I should know, and it led to the second conversation; this is relevant to
your intervention that I sought with Enbridge to conduct community forums to
inform people as to the risks and benefits as perceived by both the Proponent and
opponent of the project. I thought that was a worthwhile role for a Member of
Parliament to play to facilitate that engagement.

I had not taken any public stand on the project. I had not made any public
utterances and thought my best engagement is what you’re essentially attempting
to do right here, which is to find out the various views about moving raw bitumen
1,100 kilometres in a 36-inch pipe and a corresponding pipe coming from the
coast into the interior.

For more than 18 months that conversation went on and on and on, to the
point where I realized that it was never going to happen, that the company had notentered into good-faith negotiations with me and felt that by being in those negotiations I was unable to declare myself publicly one way or the other.

I now turn to my experience with the Gitxsan Nation —

After Cullen’s statement about the lack of good faith negotiations, Laura Estep,  one of the lawyers for the Enbridge Northern Gateway objected.

We would like to express an objection to this presentation. We believe that it is argument. It is argumentative. It is a political agenda. This is nothing more than a political speech and we object on that basis.

Mr. Cullen has been directed on numerous occasions, in writing and
otherwise, by the Panel as to what constitutes appropriate oral evidence. We’ve
been listening this morning and have yet to hear that.

I don’t think it’s appropriate to continue waiting for something appropriate
to be provided in terms of oral evidence. It’s not oral evidence what he’s been
giving so far.

At this point, the transcript dryly notes “Reaction from the public” and Leggett calls for order in the room, going on to say:

This is a serious proceeding and we need to be able to have it unfold in a way that shows the kind of respect that we’ve all gathered here to be a part of. So I’d ask the audience to please refrain from verbally expressing or by handclapping or anything like that your perspectives.

Legget then asks, Mr. Cullen, any comments in reply?

Cullen: I’m surprised it took 10 minutes.
(Laughter/Applause)

Leggett: Excuse me —

Cullen: The notion — Madam Chair, I think it’s your comments about the audience.

Leggett: No —

Cullen: I also referenced those questions and those opinions.
I think it is critical for us to show as much decorum and respect and I’ve
attempted to, in my comments, to show that respect.

I looked very carefully at this Procedural Direction Number 4 and what is
oral evidence; it’s in the second bullet:

“Personal knowledge and experience about the potential effects of
the project on you and your community.”

My initial intervention in this was to describe the approach that was taken
and is being taken by the company to engage with my communities in the
promotion of the project and to describe the merits from the company’s
perspective.

I then described my intervention with the company to attempt to have as
much public engagement and disclosure as possible around the project and was
denied that.

I think both of those references directly speak to how the company seeks
to engage the people that I represent, which speaks to my personal knowledge
about the potential effects on the project and the community. How a company
engages a community is also linked to how the project will be manifest.

I will seek to speak to the personal references that I have and the
experience that I have with this company, but it shows some umbrage from the
company who attempted to limit my ability to even speak here at all today to then
suggest that they have the interests of the Panel at heart when they intervene
within eight and a half minutes to attempt to limit my testimony further.

Legett: Mr. Cullen, this is not a political statement.

Cullen: Absolutely.

Legett: And you’ve recognized as a politician it’s difficult from that aspect of it. I would ask you to please talk to us about your personal knowledge and experiences on the potential effects of the project.

Cullen: Absolutely.

 

Leggett: So if we could get straight to that point.

 Cullen: Absolutely.
Leggett So if we could get straight to that point.

 Cullen: Sure.
Leggett The Panel doesn’t need to hear the preamble and the setup of that. We’re interested in just getting straight to your personal knowledge and experiences about the potential effects.There are other stages in the process for argument —

Cullen: Sure.

Leggett —as you’re well aware, and as an intervenor you’ll have that opportunity at the appropriate place. But the concept of the oral evidence is to hear directly from you on yourpersonal knowledge and experiences on the potential effects of the project.

Cullen: So may I ask a procedural question then?

Leggett Go ahead.

Cullen: The point I was getting to before being interrupted was
my experience with the Gitxsan Nation and spending time with people in the
Hazeltons immediately following the impacts of a deal that had been publicly
reported to be signed between the Gitxsan Nation and the Enbridge company and
the local community effects.

I think it may be overly restrictive to suggest that only once a pipeline in
the ground and the effects of a potential spill are the only impacts. I would argue,
and respectfully argue to the Panel, that the engagement with the communities
that I represent is also an impact of the project, that the First Nations’
engagement, the engagement at the community level is part and parcel of what this project is.

To suggest that it’s only an engineering question full stop seems like it
would limit the ability of people presenting, as I am, to relate who this company is
and what they seek to do through the course of the implementation of this project.

The way a company conducts itself with a community in advance of a
project is also indicative of maybe how they will conduct themselves with a
community after the project is in the ground, if you follow my line of reasoning.

Leggett Again, I would remind you that we’re not here to hear argument.

 Cullen: I understand.

 Leggett We’re not here to hear the case from that perspective. And so I would ask you to continue to bear in mind that I will interrupt you —

 Cullen: Of course.

Leggett —and we need to hear your personal knowledge and your experiences about the potential effects of the project.

Cullen: Yeah.

Leggett And so within that context, I’d ask you to
proceed so that we don’t end up spending your time on this. I know you have 45
minutes —

 Cullen: Sure. So —
Leggett — and I know you probably have a busy schedule, so let’s listen to you again and see how this works.

Cullen: Let me try this and you’ll interrupt again if I’m offline. Inherent in the project is the ability to have agreements with First Nations. That is in the Application. That is in the nature and design of the project.

In my personal experiences, particularly in dealing with the Elders andHereditary Chiefs of Gitxsan, the project has been, to this point — in the attempt to sign a negotiated agreement to enable the project, the impact has been incredibly negative on the people within that nation.

I met with Enbridge some weeks ago in Ottawa, asked the company representatives if they would take responsibility for any of those upfront impacts of the way they were treating the First Nations people that I represent. I was told “No”. I think that’s wrong.

I think we cannot simply say that the impacts are only in the prospective
idea of a pipeline breaking upon the land or a super tanker running into an island
and leaking into the ocean. I think those are real. Those are perceived and
accurate.

But I think in the nature of the communities that we represent — that I
represent and that you will be visiting, it is also inherent in the way that we have
relationship. We started today off with relationship. We talked about respect.
You thanked the people who came in for their honouring of today. That is what
we are in fact also talking about.

I don’t know if I’m within the bounds of Procedural Direction Number 4,
but it feels to me that the two cannot be separated, that the way the company
conducts itself within the local communities and the First Nations is inherent to
the way the company will conduct themselves in the engineering and the cleanups
if there is an accident. Those two things seem to me indivisible.

Before I continue, I want to seek if I’m at all on the right track.

At this point the three members of the panel confer among themselves.

Leggett Mr. Cullen, you started your presentation by saying that you had stories to tell.

Cullen: That’s right.

Leggett And the stories that you are hopefully going to tell us about the land and the history of the land; that’s what oral evidence is about.

As far as potentially discussing what you believe is the credibility of the
company and those types of things is not within the framework of oral evidence.

As I said before, there is a different time in the proceeding for argument,
to present your views, to present the thoughts on how you think things have
unfolded, but the oral evidence is particularly to — as we’ve mentioned time and
time again, the Aboriginal traditional knowledge is a good indication of —

Cullen: Sure.

Leggett –what oral evidence is. So if you could constrain yourself to the stories, for example, of the land, of the history of the land, that would be the information that would be mosthelpful to us at this point.

 Cullen: I appreciate the Panel’s comment.  I was going to impugn that on the question of credibility. If the company has none, I won’t approach it in my testimony today.

Leggett Mr. Cullen, please, that’s not appropriate. Could you please proceed if you have stories about land use and the history of the land?

Cullen: So —

Leggett: If you don’t have –

Cullen: Absolutely.

Leggett —that, then I’m afraid it won’t be a good time
for us to listen to you.

Cullen: The history of the land is implicitly connected to the people who live here. The history of the land, the traditional knowledge that has been accumulated of this land, we have an expression here that says “The land makes the people. The people don’t make the land”.

— (Applause/Applaudissements)

Cullen: And it seems —

Leggett Excuse me, for people listening in over the
internet and also for the Panel, it’s very difficult when tthere continue to be
interruptions from the audience.

So could I ask you for your cooperation in helping us be able to proceed
here in a way that we can all hear and appreciate the oral evidence that’s being
provided?

Thank you.

Cullen: It’s tough. These are emotional and powerful issues for
people, and they — it’s tough to tell folks in the North to restrain themselves
emotionally sometimes. We are a passionate people, particularly when it comes
to the land.

The history of this land is connected to the people. The stewards of this
land have been the First Nations people for millennia.

The impact that I have seen to this point on the stewards of the land, by
even just the proposal of this project, has been to — so discord and a great division
within some of the communities that I represent. This is at a very personal level.

You asked for personal stories in which Elders have felt that expressing
their opinions one way or the other on a project has exposed them to abuse and
criticism, that it has divided communities, some of whom are very small and
intimate places to live.

The question that we have before us is: What impacts will this project
have on the land and the people which it sustains?

The proposal that a 36-inch pipeline carrying 525,000 litres of oil -barrelsof oil per day across some of the most rugged and difficult land to traverse, and the inherent risk that is associated to such an endeavour has affected people at their core because unlike some places in this world, the connection of people to that land is implicit, is inherent, and is in fact defended by the very Supreme Court of this country, that when a project comes along under the lawsand guise that are developed here in Canada, the law is not on our side. And so the impact on people at a personal level, the impact on people’s ability to imagine a viable economy, to remain stewards of both the ocean and the land is what is being put at risk.

Before we started our hearings today, I spent some time looking out at the
ocean and wondering, are there any decisions — is there anything that we are
doing here today to put that at risk? And that is true.

It is impossible for me, as somebody who represents 300,000 square
kilometres of north-western B.C. to suggest that the imminent threat of super
tankers, bigger than the Empire State Building, ploughing some of the most
difficult waters to plough does not have implicit threat to the people I represent.

When I visit the communities of Hartley Bay and Bella Coola, Metlakatla,
Lax Kw’alaams, the connection people have to the ocean environment is second
to none. It may be in fact difficult for some Canadians to understand that don’t
live in such communities.

You have the great fortune of visiting some of these places. You will eat
the food that they will generously provide for you. There’s an expression that
says, “When the tide goes out, the table is set”. And the people that I represent
and the impacts upon their very way of life cannot be measured only in dollars
and cents but in the very cultural fabric that holds people together.

You asked me for my personal experiences and what the potential impacts
of this project are. Before even a shovel has hit the ground the impacts have been
felt. I understand you don’t want that kind of testimony today. You want
something more implicit to the proposed actual building of the pipeline, but if
something starts off so badly at a human level, at a community level, how can we
expect it to turn out well in the end?

Ms. Estep: Madam Chair, I’m sorry to interrupt — interject again, but Icontinue to — Northern Gateway continues to maintain its objection that this is argument, not oral evidence.

The views he’s providing are argument, and we will be hearing directly
from the Metlakatla and the Gitxsan. Those parties can speak for themselves as to
the cultural impacts and their oral traditional knowledge. They’ll provide that
directly to the Panel.

Leggett Mr. Cullen, again, if we could get you to focus
in on the stories that —

 Cullen: Sure.

Leggett —you’re bringing today to us about the history of the land and the land, and to stay away — I mean, it’s not that we don’t want to hear your argument.

Cullen: I understand.

Leggett But it’s just not the right place.

Cullen: I understand.

Leggett And it’s the oral evidence piece that we’re here to hear from you today. So again, I would direct you to come back to that aspect.

Cullen: M’hm.

Leggett If you would like a little bit of time, we’d be happy to take a bit of a break for you to rethink where you want to talk to the Panel today or, you know, just proceed on that basis, but —

Cullen: I think best while talking, so I’ll keep on talking.

Leggett But while you talk, would you please contain yourself to the oral evidence, please?

Cullen: Yeah, absolutely. If I come, Madam Chair, to the point of objection that was raised, I take some significant umbrage with the idea that is suggested by the company that Ihave ever at this point, or any point in my political career —

Leggett Mr. Cullen —

Cullen: — attempted to speak on behalf of — Madam Chair, you
have to allow — there’s been — when interjections like this come there’s a certain
impugning of reputation that happens. To not be able to address the point of order
that is being raised by Enbridge seems to leave me at a certain disadvantage, that I
am only being accused of certain things and not being able to defend myself of
those accusations, and that, to me, seems somehow unfair.

Leggett Mr. Cullen, the objection that’s been raised is in
terms of the content of the material that you’re presenting —

Cullen: That’s right.

Leggett — in terms of oral evidence.  The Panel is continuing to remind you and ask you, please, to go to the personal knowledge and experience about the potential effects.

Cullen: So —

Leggett If you can’t do that —

Cullen: Okay. Allow me to —

Leggett — then we will have to —

Cullen: Let me try this.

Leggett — we’ll have to tell you that, you know, we’ll look forward to your argument at the right time, but the oral evidence piece will be finished for today.

Cullen: Let me try this. I met with a company, one of the leading companies globally who deals with spills from tankers. They’re the best of the best. I asked them for what the recovery rate was considered a success on a marine accident. I was told that in ideal conditions, anywhere approaching 10 per cent recovery of the total spill was considered successful.

I have lived by these waters. I represent the people who depend on these
waters. That knowledge and the potential impacts of a spill within the marine
environment and the inability to clean those up is a personal experience and a
knowledge — we cannot forbade the idea that we have to have actually sat in an
oil spill in order to comment on what the effects are going to be to the coastal
environment here.

We have knowledge at our hands in terms of what these impacts can be. The communities I represent are deeply concerned about this. My experience with them has been, in the past, when there have been accidents, the Queen of the North, for example, that the promises that have been made by both government and the private sector alike are only made when the cameras are rolling, but when the attention disappears the cleanup isn’t there.

And that is real and important in terms of the experience that we have had in the North Coast in dealing with government and in dealing with the private sector when commitments are made in the proposal of an idea that are not followed up in the actual implication and implementation of that idea. That is real experience; that is knowledge.

Leggett And, Mr. Cullen, you’re again referring to
technical information and scientific information, and again that’s a piece that will
come forward —

Cullen: Okay.

Leggett –in the cross-examination phase. I would still –

Cullen: Sure.

 Leggett –ask you to focus on the stories that you told you were bringing us today —

Cullen: Sure.

Leggett — about your personal knowledge and experiences about the potential effects of the project on you and your community.

You’ve — you and I are having this discussion on a regular basis now. If
the information you’re bringing just doesn’t fit within that scope today, then I
would — you may be asked to stop and we’ll hear from you at the appropriate time
when —

Cullen: So, may I ask a question before I proceed?

Leggett If you would proceed with your evidence that would be helpful and we will continue to go from there.  Mr. Cullen, this is a very important process and —

Cullen: I absolutely understand, Madam Chair.

Leggett –it’s very important that we deal with the aspects that are in front of us, and right now we’re in the oral evidence collection phase.

Cullen: That’s right.

Leggett: And as we’ve said many times, a good reference
point for that is the Aboriginal traditional knowledge. That’s the aspect of oral
evidence that is pertinent to this point of the review.

 Cullen: As has also been declared, the personal knowledge and
experience about the potential effects of the project on you and your community.

Leggett: Correct.

Cullen: I’m simply trying —

Leggett: That’s absolutely correct.

Cullen: — to follow the rules that you’ve been given out to the
witnesses. I find — I hold this Panel in respect. I attempt in every angle and word to adhere to the guidance that you’ve given me, the personal knowledge and experience about the potential impacts/effects of the project on me and my community.

I feel at this point somewhat disheartened that, in effect, the interpretation
of the guidelines being allowed and permitted at this stage so encumber the ability
of someone from the north, someone who represents people to actually present
what my experience has been with this company and what my experience has
been with the people that I represent and the implications of this project on those
people and on me and my family.

I find that through whatever course of angle I take the words that you gave
me and I seek to apply them to my evidence and I feel that it’s near to impossible
— near to impossible in the restrictions that have been offered and the
interpretation of that one line, that one sentence, that in fact you’re looking for
something entirely different.

Leggett: What we’re looking for is your evidence not
your argument.

Cullen: The evidence that I have is that, in fact, this process
suffers under a certain amount of intimidation from the Prime Minister of this
country.

Ms. Estep: Madam Chair, we continue to object. This is completely
inappropriate.

You’ve reminded Mr. Cullen numerous times now and he quite clearly has
a very different interpretation of what personal experience and oral evidence is.
And that just simply is not within the scope of what we are trying to do here
today, as you have pointed out numerous times.

Leggett: Mr. Cullen, at this point I’m going to suggest that we take a 10-minute break and —

Cullen: Five is good, if you don’t want to waste your time.

Leggett: I beg your pardon?

Cullen: Five is okay?

Leggett: Five is just great. Thank you.

Cullen: Good.

 Leggett: And again I want to make sure that you understand that it’s not that we don’t want to hear from you —

Cullen: I understand.

Leggett: — it’s just the time and place and the content, and so final argument would be the place for the type of information that you’ve been providing to the Panel today.

Cullen: Absolutely.

Leggett: And if you do have other information that relates to evidence as far as your personal experiences and knowledge, that’s what we’d like to hear about today. At a different point, which is the final argument, that’s where we’ll want to hear further in terms of the way you’re speaking today.

Cullen: Absolutely. So five minutes?

Leggett: Thank you.  Five minutes.

— Upon recessing at 10:01 a.m.
— Upon resuming at 10:08 a.m.

 Leggett: We’d like to get underway, please.

UNIDENTIFIED SPEAKER: Attention.

Leggett: Thank you for your help. That’s terrific. So
we’ll get back underway.

I just wanted to start off by saying, from the perspective of the Panel it’s an interpretation aspect. Your interpretation of what oral evidence is falls within our expectations of what argument is. And so I want to be clear that the stage and place for that is at a later time. And the oral evidence piece that we’re here to talk about is as you started to talk earlier on about your stories about the land and the historical land use. And so with that we’ll turn it back over to you.Thank you.

Cullen: You’re inviting me back for later, is what you’re saying.

Leggett: You’re an intervenor in the process, Mr. Cullen;we welcome you at all the appropriate times.

Cullen: Just keeping it friendly. Let me allow this; I wasn’t born here, I was born in Ontario and I chose to live here. I can remember coming off the ferry here in Prince Rupert with a beat-up ’86 Tercel and driving across the northwest to what I thought was an eight-month experience to do a contract in Smithers B.C. I had no expectations that this would become my home. I had no expectations that this would become my family.

I think the experience that I had driving across the north that day — it was a beautiful morning, going over the rivers and by the lakes and seeing the mountains — the most clear thought I had that day was if we mess this up there’s not much hope for us because everything’s here.

I’ve lived around the world. I’ve worked in countries that do not have the fortune that we have. And I realized that while this place is incredibly powerful -and I’m sure you share those feelings, having spent some time here — it will only continue with us if we respect the land.

The interconnectivity that I’ve seen between people and the land — my interconnectivity has increased enormously since living here. When I attend the feast halls of various nations across the north from Haida Gwaii to Fort St. James all the way to the Taku River Tlingit in the far north down to the Bella Bella and Bella Bella Coola people in the south, all of which is contained within this one federal riding.

It has been one consistent factor, and that is the land supports us and we must defend the land. That my ability, not just as a representative but as a citizen and resident of this place, to speak up when necessary in defence of this place is my responsibility and it will not be curtailed or shut down by anything. I think it is incumbent upon all of us when we live here.

I took a trip with some friends, who are also elected representatives, down the Douglas Channel two summers ago — and I hope this bears relevance to what we’re talking here today — and it was in a fishing boat. We like to fish up here. And it was not a big boat, 30, 35 feet. And I wanted to take the actual route that is being proposed by the Proponent. I wanted to see the waters. I wanted to see the channels. I wanted to understand what the challenge was in moving these incredibly large vessels through these particular waters.

And it was a beautiful day, it was a sunny day, it was summertime, and I was most struck coming out of the Douglas Channel going towards the ocean by the incredible sharpness of the turns that are required and having done at least a little bit of research on what the capacities and capabilities of super tankers are to manoeuver and to move.

I was asked this question that over the course of this project there will be approximately 15,000 sailings through that route, and I have to ask myself, and I ask this Panel, what the perspective is of perfection when humans are involved; that can we sail that narrow channel 15,000 times through all kinds of weather, all kinds of circumstances, both human and environmental, with never having made a mistake once, because we can’t make a mistake once.

When I stay in Hartley Bay people who this country celebrated as heroes,
as you’ll remember, after the sinking of the Queen of the North, they risked their
own lives to go out and save people.

And when I’m in Hartley Bay you have to hit the day right in order to see anybody because if it’s a day when you can go out and collect food, if it’s a good day for getting clams or sea urchin,  you’re not going to find anybody around.

11018. And in my vocation as a politician what I’m trying to do when I visit a community is see people, but I don’t despair when I end up Hartley Bay or Bella Coola and everybody’s gone, and they’re out fishing and they’re out collecting, and they’re out sustaining themselves and sustaining the land. And I’m reminded of that inherent connection every time.

And so when the Panel seeks to understand what’s being put at risk here, it’s not simply a meal, it’s not even just a job, but it’s an entire culture and way of live.

We sometimes say we are a salmon people, and you live here long enough you understand the inherent connection of that one species to our vitality as people. And we cannot survive without it.

So in your deliberations and your understanding of what the merits and the implications are of this particular project, you have to understand what the implications are for us. And it’s everything, it’s everything.

You’ll spend some time looking at this project. Maybe it seems like a long time to you but it’s very short for us. And you’ll move on and you’ll do other things.

I hope you’re impacted, as I have been by the people, because I know we’re supposed to talk about the rivers and the oceans and the trees, and all those things are important, but it’s the people that I think of when I’m here today.

And when I’m in the feast hall and we celebrate, we celebrate culture, we celebrate the bounty of this land, we celebrate coming together and forming nation. And I think what wealth we have and how generous people are here in sharing that wealth.

Thank you for your time.

— (Applause/Applaudisement)

Leggett Thank you, Mr. Cullen. The Panel has no questions.

— (Applause/Applaudisement)

Leggett: Thank you, Mr. Cullen. You’ve left the table now, but the Panel has no questions of clarification

 

Recreational halibut quota increased to 15 per cent but season may end in August

 Updated

The Department of Fisheries and Oceans has increased the recreational halibut quota to 15 per cent.

A release issued this afternoon by Fisheries Minister Keith Ashfield says, “the Minister has instructed the Department to make an immediate correction in the allocation formula for the Pacific halibut fishery. Under the new formula, 85 per cent of the resource will be allocated to the commercial sector and 15 per cent to the recreational sector.”

However, this may not be good news for the recreational halibut industry. A news release from the Sports Fishing of Institute British Columbia, issued late Friday, says that regulations not mentioned in Ashfields’s Friday afternoon news release from DFO, says the recreational season will end August 15. DFO officials were not available for confirmation late Friday.

So if there is a shorter season, the quota increase may not mean that much to the recreational sector.

 The DFO news release goes on to say:

The 2012 Pacific halibut recreational fishing season will open March 1st. Recreational anglers with a tidal water licence will be able to catch one halibut per day with two in possession. Fisheries and Oceans Canada will continue to work with recreational community representatives to identify monitoring and management measures that will provide greatest flexibility and season length while staying within their allocation.

The release from Robert Alcock, of the Sports Fishing Institute says:

Today’s changes to the recreational halibut fishery, will ensure that in 2012, recreational anglers will experience the shortest halibut fishing season in memory, said Sport Fishing Institute of BC President Robert Alcock. “Minister Ashfield closed the recreational halibut fishing on September 5th last year and caused extensive economic damage to the sport fishing industry”, said Alcock. “Today he served notice that recreational halibut fishing will end in the first week of August, which will wreak havoc in the sport fishing industry and which will not conserve a single fish.”

Ashfield announced that he will not accept the unanimous recommendation of Canada’s 300,000 recreational anglers and create a “fixed number’ fishery that would allow recreational anglers to enjoy a predictable fishery during periods of low halibut abundance. Instead, Ashfield simply tinkered with the flawed allocation system established in 2003 which will ensure that Canada’s 436 commercial halibut quota holders can continue to harvest 85% of Canada’s sustainable Total Allowable Catch (TAC). The TAC is established annually by the International Pacific Halibut Commission and the amount of halibut that Canada and the US can harvest without endangering the long-term stability of halibut stocks.

Ashfield said in his news release that the decision will provide greater long-term certainty to the Pacific halibut fishery.

“Our government is making good on a commitment to provide greater long-term certainty in the Pacific halibut fishery for First Nations, commercial and recreational harvesters, and, most importantly encouraging jobs and economic growth in British Columbia.”

The release also says the controversial program where recreational fishers could buy additional quota from the commercial sector will continue, despite the fact a report from DFO to the International Pacific Halibut Commission indicated the program was a failure, with few people taking part.

While the recreational halibut fishery has lobbied for years to increase the quota from the old system of 12 per cent for the recreational sector and 88 per cent for the commercial sector, today’s decision comes after the IPHC lowered the overall quota for the Pacific Coast by 18 per cent. BC’s quota for 2012 is eight per cent lower, at 7.038 million pounds of halibut, a decrease  from the 2011 quota of 7.650 million pounds.

At the IPHC meetings in Anchorage, Alaska, last month, scientists expressed long term fears about the health of the halibut biomass, due to the large number of undersized females. At the same meeting scientists and fishers also said that the bycatch, especially from the pollock trawl fishery in the Gulf of Alaska was devastating the halibut “nursery.”

Before the news of the early closure of the season broke, Kitimat mayor Joanne Monaghan, recreating to the news of the quota increase said. “Hopefully some of the hard lobbying by the Kitimat group did paid off. I believe it did. Good going guys. Keep it up, still things to do.”

In the Institute’s news release Alcock went on to say:

 

During the 2011 election, Prime Minister Stephen Harper told Island residents that “Our government recognizes the importance of the halibut fishery in BC. The jobs and regional economic impact of the commercial, recreational and related tourism in BC are substantial. We remain committed to finding a solution to BC’s halibut allocation issue in advance of the 2012 season that strikes a fair balance between all sectors.”

“Recreational halibut fishers took the Prime Minister at his word,” said Alcock. “Sadly, today we have learned the hard way that the Prime Minister’s word is of little value, particularly to the hundreds of businesses, thousands of sport fishing industry employees and the hundred thousand Canadians who enjoy recreational halibut fishing.”

According to a recent study conducted for the BC Seafood Alliance (the commercial sector’s industry association), the recreational fishery in BC produces $642 million in annual sales, pays $150 million in wages and benefits, creates more than 7,800 jobs and 3,950 person-years of employment and contributes $240 million to the province’s Gross Domestic Product.

 

Editor’s Note:  Journalists are always wary of a government news release issued late on Friday afternoon. On the surface, the increase in the recreational quota was good news, something the guides and fishers had been fighting for years. Still, I was wondering why it came out on a Friday afternoon.  It took the Sports Fishing Institute of BC, who was able to find the regulations that they say indicate the season ends on August 15, that shows why the release came out  late on Friday.

BC 2012 halibut quota drops 8 per cent, as Canada protests devastation caused by pollock trawl in Gulf of Alaska “nursery”

The International Pacific Halibut Commission has recommended a Canadian harvest quota for the 2012 season of 7.038 million pounds of halibut, a decrease of eight per cent from the 2011 quota of 7.650 million pounds.

The Department of Fisheries and Oceans has yet to confirm the quota but it routinely follows the IPHC recommendation.

The reduction was not as bad as first feared. The commission staff were recommending a B.C coast quota of 6.633 million pounds, a decrease of 16 per cent.

The overall harvest quota decrease for the Pacific coast is 18.3 per cent, due to continuing concerns about the state of the halibut biomass.

The 2012 halibut season is much narrower, opening on March 17 and closing on November 7. The commission says the March 17 opening day was chosen because it is a Saturday and will help the marketing by both commercial and recreational fishers. The earlier November date will allow better assessment of the halibut stock after the 2012 season, according to an IPHC news release. (In Canada, DFO closed the recreational season much earlier than the date recommended by the IPHC, in September, while allowing the commercial harvest to continue.)

In the release following the annual meeting in Anchorage, Alaska, last week, the IPHC said

The Commission has expressed concern over continued declining catch rates in several areas and has taken aggressive action to reduce harvests. In addition, the staff has noted a continuing problem of reductions in previous estimates of biomass as additional data are obtained, which has the effect of increasing the realized historical harvest rates on the stock. Commission scientists will be conducting additional research on this matter in 2012….

The Commission faced very difficult decisions on the appropriate harvest from the stock and recognized the economic impact of the reduced catch limits recommended by its scientific staff. However, the Commission believes that conservation of the halibut resource is the most important management objective and will serve the best economic interests of the industry over the long term. Accordingly, catch limits adopted for 2012 were lower in all regions of the stock except Areas 2A (California, Oregon and Washington) and 2C (southeastern Alaska)

Pollock trawl bycatch crisis costs Canada $7 million a year

In the bureaucratic language of the IPHC, “The Commission expressed its continued concern about the yield and spawning biomass losses to the halibut stock from mortality of halibut in non-directed fisheries.”

The  IPHC says that British Columbia has made “significant progress” in reducing bycatch mortality and that quotas for vessels for other fish are being monitored, in California, Oregon and Washington have also had some success in reducing bycatch mortality.

It says that “Reductions have also occurred in Alaska, and new measures aimed at improving bycatch estimation, scheduled to begin in 2013, will help to refine these estimates.”

That phrase apparently masks a major problem of bycatch in the halibut nurseries off Alaska.

Craig Medred writing in the Alaska Dispatch in Should Alaska have protected halibut nursery waters noted that the Canadian delegation took a strong stand at the meetings:

Canada has protested that something needs to be done about the trawl industry [mostly for pollock] killing and dumping 10 million pounds of halibut off Alaska’s coast, but the International Pacific Halibut Commission proved powerless to do anything about it.
Meeting [last] week in Anchorage, the commission recognized the trawl catch as a potential problem, but then placed the burden of conservation squarely on the shoulders of commercial longliners along the Pacific Coast from Alaska south to California. The Commission again endorsed staff recommendations to shrink the catches of those fishermen in an effort to avoid an ever-shrinking population of adult halibut.

(This wasn’t reported in the Canadian media despite the importance of halibut both commercial and recreational to the economy of British Columbia. No Canadian media covered the IPHC conference in Alaska, despite the fact that halibut was a major issue in BC in the last federal election)

Medred’s report in the Alaska Dispatch goes on to say that the scientists say the Pacific Ocean is full of juvenile halibut, but that the juveniles seem to be disappearing before they reach spawning age (when the halibut reaches about the 32 inch catch minimum). “How much of this is due to immature fish being caught, killed and wasted by the billion-dollar pollock trawl fishery — which is in essence strip mining the Gulf of Alaska — is unknown.”

Medred says, “Scientists, commercial halibut fishermen and anglers all believe the catch is under-reported. Advisers to the commission — a U.S.-Canada treaty organization — indicated they are beyond frustrated with the bycatch issue.”

The official IPHC Bluebook report to the annual meeting said: “Not all fisheries are observed, therefore bycatch rates and discard mortality rates from similar fisheries are used to calculate bycatch mortality in unobserved fisheries.”

The official report to the IPHC gives one reason that the bycatch in Canadian waters is not as big a problem, the Department of Fisheries and Oceans ongoing monitoring of almost all commercial fisheries for bycatch.

But Canada is not satisfied with that and has submitted a formal proposal to the Commission to designate the Gulf of Alaska, “‘an area of special concern.” because the halibut that spawn in the Gulf of Alaska migrate to coastal British Columbia.

The Alaska Dispatch report says that the Canadian delegation told the IPHC: “Canada should not and must not be penalized for uncontrolled bycatch in other regulatory (areas), which IPHC staff have indicated could be costing (Canada) approximately 1 million pounds of lost yield in each year based on current, and what Canada believes may be questionable, estimates of bycatch.”

Medred says that one million pounds of halibut equals a loss of $7 million to Canadian fishermen alone.

 

IPHC news release, Jan. 31, 2012  (pdf)

RTA returns lands to Cheslatta Carrier Nation

Rio Tinto Alcan transfered  sixty three district lots totalling just over 11,000 acres or 4,4500 hectares  of land to the Cheslatta Carrier Nation in British Columbia on Monday, Jan. 30. 2012.

The transfer took place at a ceremony at the community hall at Grassy Plains, BC, near Burns Lake.

A news release from Rio Tinto Alcan quotes  Jean Simon, president and chief executive officer, Primary Metal, Rio Tinto Alcan, as saying.  “This important event is the culmination of over ten years of discussions between us and the community to return these traditional lands to the Cheslatta Carrier Nation. Today is an important milestone and represents how we can move forward cooperatively,”

“I am honoured to be the one, on behalf of our company, to bring this long standing issue to conclusion for the benefit of the Cheslatta Carrier  Nation people.”

The release quotes Cheslatta Chief Richard Peters: “Today we get back what we lost 60 years ago. Land is the backbone of any community and this land is truly the foundation for our future.  We are most grateful for the hard work and dedication of former Cheslatta leaders and we also thank Rio Tinto Alcan for being a modern and progressive corporation that understands the significance of the land to the Cheslatta people. We are fully committed to continue working together.”

The RTA release also quotes  Paul Henning, vice president, Strategic Projects, Western Canada for Rio Tinto Alcan a saying: “I am proud of the respectful and effective relationship that we have developed with the Cheslatta Carrier Nation. I am also proud that both parties demonstrated great patience, support and commitment to this process that allows us to recognize the past while opening a new door to a brighter future.”

The Cheslatta Nation says the land will be held as fee simple, private property. It will not be an Indian reservation, and not subject to the Indian Act. The Cheslatta have no immediate plans for the 64 lots sitting on the Cheslatta and Ootsa Lakes. The Cheslatta also presented a 40-acre, 17 hectare, parcel of shoreline property on Ootsa Lake to several non-native residents of the area, with hopes that a recreation complex might be established there one day.

How Alcan obtained the traditional Cheslatta territory when the company was building the Kenney Dam in preparation for the Kitimat project has been controversial ever since the events began 60 years ago in 1952.

According to John Kendrick’s history, People of the Snow, the History of Kitimat, Alcan worked through the then Department of Indian Affairs at the time the company built a temporary dam on Murray Lake.   Building that dam flooded the then Cheslatta reserve and traditional hunting, fishing and logging lands in the Ootsa Lake area.

According to Kendrick, Indian Affairs gave the Cheslatta Nation just one week to move from the existing reserve to the current location at Grassy Plains.  The history says that while many members of the Cheslatta Nation were out on traplines, those remaining in the settlement were pressured by Indian Affairs to vote in favour of “surrender” of the land. Due to misunderstandings, Kendrick says, what the Cheslatta Nation thought was compensation for just the move was actually the “surrender payment” and the new settlement had to be paid for out of that money. There was no compensation for loss of other traditional lands or traplines.

The Cheslatta did reach a settlement with Alcan in the late 1980s.

 

 

 

International Pacific Halibut Commission confirms 18 per cent cut in overall quota for 2012

According to Alaska media reports, the International Pacific Halibut Commission, meeting in Anchorage, has confirmed an over all  cut in Pacific halibut harvest quota of 18 per cent, or 7.5 million pounds for 2012.

KMXT, an NPR station in Kodiak, Alaska reports 

 Area 3A, the Gulf of Alaska will experience a 17-percent reduction from last year. That results in a 11.9-million pound catch limit, down 2.4-million pounds.

Area 3B along the Alaska Peninsula southwest of Kodiak Island, the reduction is the same 2.4-million pounds, but the percentage reduction is 32 percent, down to just over 5-million pounds. In Area 4A, the eastern Aleutians, the cut is 35 percent.

The only areas that did not get reductions were off the Washington coast in Area 2A, which will get a 9-percent increase, and Area 2C in Southeast Alaska, which will get a 13 percent bump, up almost 300,000 pounds.

There are no figures in the Alaska reports for British Columbia and no news on the International Pacific Halibut Commission website.

 

More to come
Related: Recreational halibut quota buy-in program had “limited success:” DFO report to IPHC