
In addition to fishing for
salmon, our ancestors harvested shellfish on the beaches of Stanley
Park, Bowen Island and Boundary Bay. They took sturgeon in the sloughs
on the Delta Islands and Pitt Lake. Eulachon, herring, halibut, and
trout are other important species fished by the Musqueam in many instances
at the same locations used today. Musqueam Nation successfully
took the issue of fishing and aboriginal rights to the Supreme Court
of Canada. The 1990 decision in the Musqueams Sparrow case concluded
that a century of detailed regulations had not extinguished the Musqueam
peoples aboriginal right to fish for food, societal and ceremonial
purposes. The1990 Supreme Court decision led to the Aboriginal Fisheries
Strategy, and shared management agreements between First Nations, including
Musqueam, and the Department of Fisheries and Oceans (DFO) that is a
step to the eventual management of all aspects of fisheries in their
traditional territories. Musqueams Fisheries
Department engages their own aboriginal fisheries to assist DFO in enforcing
the fishing regulations of their communities as well as those established
by the Department of Fisheries and Oceans in consultation with Musqueam
authorities; develops their own salmon enhancement program; and offers
an excellent training program for fisheries officers who are involved
in data processing in order to track fish, compliance, enforcement and
quality control, among other duties. The Department of Fisheries
and Oceans officials have called Musqueam Fisheries the cutting edge.
The Musqueam want to ensure proper resource management and conservation
and ensure the sustainability of fisheries resources for future generations.
The SCC judgment in Sparrow confirms that the Musqueam have an aboriginal
right to fish. Since Sparrow the Musqueam Indian Band has entered into
agreements with DFO under the Aboriginal Fisheries Strategy (AFS) in
setting the ground rules for management of aboriginal fisheries. Treaties
will substantiate the Musqueams rights by which they can enter
into agreement under the (AFS). They plan to negotiate for a larger
and more significant role in the fishery in all aspects from habitat
management to stock management within their traditional area. Conservation strategies
and allocation processes will consider a wide range of criteria, including
spawning origin, migration routes, feeding grounds, history of use,
economic opportunity, social conditions, cultural, ceremonial and spiritual
needs and biological factors. Musqueam also want to be adequately compensated
for the depletion and extinction of fisheries resources and the loss
of access to fisheries. Decisions about when to
fish and what gear to use were made by experienced Musqueam fishermen
who were intimately acquainted with the timing of salmon runs and the
varying stream and river conditions in their local fishing grounds.
High yields were possible during the main salmon runs on the Fraser.
One of the most productive fishing methods the Musqueam used was the
trawl net towed between two canoes. Trawling or dragging a drift
net was a common Musqueam fishing technique which successfully exploited
Fraser salmon runs, providing the tribe with an abundance of salmon
supplies for winter storage foods, fresh consumption, ceremonial feasts,
and for purposes of gift exchange and trade. Anthropologist Michael
Kew ranked trawling or dragging as possibly the most important salmon
fishing method used traditionally on the lower Fraser River. Other words have been used
to describe this technique: dragnet or bag net, bag seines, river seine,
drift net, drifting bag net, pocket net, and single drifting bag seine.
Suttles (1955) recorded the h¢̣¢mị¢Â work
for salmon trawl net as xemen. A larger trawl net called ti÷en
was used by some stalo people to catch sturgeon. To avoid confusion
the word trawl is used here because whether the net is flat
or conical it was operated as a river trawl, dragged downstream to intercept
the salmon runs coming up stream. Trawls work best in muddy
waters where the stirred up sediment helps to obscure the net; the silt
laden Fraser was perfect for this technique. Traditional trawls were
also operated at night. The most important natural
features required for successful river trawling are a moderate steady
current and a level streambed with depths of at least six to seven feet.
The Musqueam had many suitable locations in their Fraser fishing territory. Information collected at
Katzie by Suttles (1955) states that only Salish men of rank (siem)
owned the large trawling nets.
In the river deltas where
bars and shoals restrict the passage of salmon the trawling net was
used to advantage. Hill-Tout saw many fishermen trawling off the various
mouths of the Fraser River on the tidal flats. Changes in tidal currents
would no doubt affect the speed and manipulation of the trawl nets,
and would be a factor determining when Musqueam fishermen could use
their nets. One reason the Musqueam
developed a successful fishery with trawl nets was the need to have
a productive method of fishing in the Fraser River. Unlike native communities
in many parts of the coast, the Musqueam could not totally depend on
dams or weirs for their major salmon production. The Fraser River was
too large, and its currents were too powerful to make weirs a practical
alternative. It was necessary to utilize the skills and technology required
in a net fishery. People who did not have
fishing rights in the Fraser River also developed a net technology to
exploit the Fraser salmon. Reef net locations at Point Roberts near
the southwestern boundary of Musqueam territory were traditionally owned
by Lummi people, who spoke a Straits Salish dialect. Reef nets were
very large anchored nets set on shoals a few miles off the mouth of
the Fraser where they could intercept the major salmon runs. Both the trawl net and reef
net techniques were highly specialized fishing methods that depended
for their success on careful planning and organization of men, women
and equipment, a knowledge of the timing of important salmon runs and
the conditions of tides and currents. © 2003 - Musqueam Indian Band. Site by Metaform
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In 1990, the Supreme Court of Canada decision in Musqueams Sparrow Case ruled that section 35 of the Constitution Act, 1982, provides a strong measure of protection for aboriginal rights and it also ruled that aboriginal and treaty rights are capable of evolving over time, and must be interpreted in a generous and liberal manner.
The Sparrow decision was the first ruling of the Supreme Court interpreting section 35 of the Constitution Act, 1982, and the second ruling, after Guerin to uphold an aboriginal right. According to UBC Law Professor Douglas Sanders. The judgement attempted to clearly settle the standard for extinguishments. The ruling stated the test of extinguishments to be adopted, in our opinion, is that Sovereigns intention must be clear and plain if it is to extinguish an aboriginal right and it continues, It is clear then, that s35 (1) Constitution Act, 1982, represents the culmination of a long and difficult struggle in both the political forum and the courts for the constitutional recognition of aboriginal rights. The Sparrow Case strongly states that the government must not be adversarial in its treatment of aboriginal people.
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FISHERIES NEWS
12 hr Sec. 35 Chinook Fishery
Saturday May2, 2009
0900hrs (9am) until 2100hrs (9pm)