Cheam first nation files injunction!: Steelheader.net- Steelhead, Salmon and trout fishing

First,the good news Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #153 on: August 11, 2005, 01:08:46 AM »

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Below is a news release regarding this. At yesterday's Fraser Valley Fisheries dialogue session with FN, Cheam expressed that no matter what the outcome of this court case is, they will continue their participations in future dialogue sessions. I'll have more summarized notes and thoughts on yesterday's meeting tomorrow.

For Immediate Release: August 10, 2005

At 9:30 this morning, Justice Rice of the BC Supreme Court dismissed an application by the Cheam Indian Band to remove all sports fishermen in boats from a 20 kilometer stretch of the Fraser River during Cheam fisheries.

In his ruling, Justice Rice confirmed that sports fishermen and the Cheam both have a right to be fishing on the Fraser. He ruled that sports fishermen are exercising their public right to fish in an activity they love. Cheam fishermen are exercising their constitutional right to fish for food, but left open the question whether this right extends to fishing with drift nets rather than the traditional set nets.

Justice Rice ruled that although the sports fishing boats which anchor in 3 to 4 feet of water near the beach, “slow down” the Cheam fishery, it does not give rise to an interference in the Cheam fishery unless it prevents the Cheam from achieving their food fish needs.

In their application, the Cheam complained that they would not meet their food fish needs if the sports fishermen were allowed access to the river, but Justice Rice was concerned by the evidence before the Court which indicated that:

The Cheam had a long history of selling food fish illegally. He cited band member Darwin Douglas, who had submitted an affidavit to the court complaining about a lack of food fish, but had testified before the 2004 Fraser River investigation that he sold part of his 2004 harvest illegally;
The Cheam had already enjoyed more than 32.5 days of food fishing in 2005;
No other band fishing in the area had complained about the sports fishermen;
That other bands were apparently able to satisfy their food fish requirements using set nets rather than drift nets, but were still able to sell a substantial portion of their catch through the Sto:lo-only commercial fishery;
That Cheam Band members were fishing illegally outside of the legal DFO openings;
That the Cheam had not provided the court with disclosure about their number of openings, their catches so far this year, their food fish requirements, their surplus catches which had been sold and other evidence necessary for the court to decide this type of injunction application.

Justice Rice also noted the evidence of how conflicts are resolved in the Fraser River community downriver of the Mission Bridge. He cited evidence from Mike Forrest, a mariner and Port Coquitlam city councilor, who stated that commercial and aboriginal fishermen adjusted their fishing practices to share the Fraser River with 20,000 ton container ships, ferries, navigation buoys, barges, log booms and other river traffic and the Cheam could do the same.

In dismissing the Cheam application, Justice Rice concluded that the Cheam would not suffer irreparable harm if the sports fishery continued. Justice Rice issued costs against the Cheam in favour of the two defendants, Phillip Eidsvik, who represented himself, and Bob McKamey who was represented by Chris Harvey, counsel at the firm of McKenzie Fujisawa.

“The message from the court is clear, all fishermen have a right to share the river and the fishery,” said Phil Eidsvik, a spokesperson for the BC Fisheries Survival Coalition.

Eidsvik noted that “Fishermen must accommodate the needs of other users and no fisherman has an absolute right to the river – anglers cannot blockade the entire river, but neither can the Cheam have the entire.”

“This decision should lower the risk of confrontation between anglers and the Cheam in the Chilliwack area because the court has confirmed the right of both groups to be on the river. Neither the sports fishermen, nor the Cheam have a right to the entire river, there is space for both,” concluded Eidsvik ..... Now the bad news..
Fishery Notice

Category(s): ABORIGINAL - General Information
COMMERCIAL - Salmon: Gill Net
COMMERCIAL - Salmon: Seine
COMMERCIAL - Salmon: Troll
RECREATIONAL - Salmon

Subject: FN0571-Salmon: Fraser River Sockeye Update - August 12 - Areas 11 to 29

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The Fraser River Panel met today to receive assessments from the Pacific Salmon
Commission staff on the status of the Fraser River sockeye and pink salmon
runs. The abundance of sockeye salmon migrating through marine areas and into
the Fraser River has been consistently lower than forecast over the past
several weeks. The low abundance of four year-old Early Summer-run and Summer-
run Fraser River sockeye to-date has prevented the commencement of most
fisheries that were scheduled during pre-season planning. Very limited
commercial fisheries in the United States have caught approximately 1,500
Fraser sockeye, and an assessment fishery in Canada harvested approximately
1,100 Fraser River sockeye. Non-commercial catches of Fraser River sockeye
total approximately 84,000 in First Nations and 33,000 in test fisheries to-
date. Current estimates of the diversion rate of Fraser sockeye through
Johnstone Strait are ranging from 55 to 65 percent.

Within the Early Summer-run sockeye run-timing group, most stocks appear to be
much weaker than forecast, with the exception of Pitt River sockeye, which have
a high contribution of five year old sockeye. The run size estimate of 250,000
Early Summer-run sockeye (approximately 35 percent of the 50 percent p level
forecast of abundance, 718,000 fish) was unchanged at the meeting today. The
estimated escapement of Early Summer-run sockeye past Mission through August 11
is 189,000 fish.

An in-season estimate of Summer-run sockeye abundance is usually possible by
this date based on normal timing; however, due to the possibility of lateness
in the marine migratory timing of Summer-run sockeye this season, the first in-
season assessment has been delayed. The latest peak marine-timing through Area
20 of Summer-run sockeye on record occurred in both 1993 and 1997 and was
August 16. The abundance of Summer-run sockeye migrating through Area 20 is
still tracking far below the 75 percent probability level abundance even if
their marine timing is later than that observed in 1993 and 1997. A
preliminary, in-season estimate of Summer-run sockeye run size should be
possible next week. Stock identification analyses conducted over the past week
suggest weakness in the return of Quesnel sockeye, which were forecast to
contribute over 60 percent of the Summer-run sockeye production this season and
which should be dominating in marine assessment areas at this time. The
escapement of Summer-run sockeye past Mission through August 11 is tracking far
behind the 75 percent p level abundance expectation (assuming their in-river
timing is eight days later than average) and is currently estimated at 393,000
fish.

Harrison River sockeye continue to be the most abundant Late-run sockeye stock
currently migrating through the marine assessment areas, while the proportion
of Weaver Creek in these areas has been low. The estimated escapement of
Harrison River sockeye past Mission through August 11 is 72,000 fish, and the
run size of Harrison River sockeye in 2005 will exceed the 50 percent p level
forecast of 90,000 fish.

The marine migration of pink salmon through the marine approach areas has been
occurring since late July. The peak migratory timing of Fraser River pink
salmon through Area 20 usually occurs between late August and early September.
The 50 percent probability level forecast for Fraser River pink salmon this
season is 16,318,000 fish. Assessments of their migratory timing, stock
contribution and abundance will be conducted over the next several weeks.
Fisheries directed at Fraser River pink salmon will take into account
conservation concerns for other species and stocks.

The discharge level in the Fraser River (at Hope) on August 11 was
approximately 3,050 cms, which is 11 percent lower than average and the water
temperature of the Fraser River (at Qualark Creek) was 18.1 degrees celsius,
which is approximately 0.4 0C higher than average for this date. Water
temperatures are forecast to increase to 19.4 0C in the next few days before
declining to approximately 18.0 degrees celsius later next week. The
management adjustment for Early Summer-run sockeye is currently 68,000 fish.
These additional sockeye that are added to the escapement objective will help
ensure that the target escapement reaches the spawning grounds.

Enumeration fences on four creeks in the Early Stuart system through August 10
have counted approximately 21,000 sockeye. Fish counts of Gates Creek sockeye
total 483 fish through August 10. Chilko sockeye have not yet been observed at
Henrys Bridge and no Cultus sockeye have passed through the Sweltzer Creek
fence thus far. Numerous sockeye were observed in the Harrison River on August
4 and the fish were reported to be in good condition.

First Nations

First Nations targeted Fraser River sockeye fisheries in the Fraser River will
continue this week and an update will be provided on Tuesday, August 16
following the next Fraser River Panel meeting.

Recreational

Sockeye retention remains closed in the Fraser River. Opportunities for the
commencement of Fraser River sockeye retention will be reviewed and an update
will be provided on Tuesday, August 16.

Commercial

Remains closed. Opportunities for the commencement of any assessment or
commercial fisheries will be reviewed and an update will be provided on
Tuesday, August 16.

The Panel will meet again on August 16 to evaluate the status of the Fraser
River sockeye and pink salmon runs and to consider regulatory actions.

For more information, contact Paul Ryall at (604) 666-0115

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Live to Fish Fish to Live..... Jack Daniels Pro-Staff/Team Hardcore