Fisheries FAQs

A: The right of Nisg̱a’a citizens to harvest fish and aquatic plants in accordance with the Nisg̱a’a Treaty are subject to measures that are necessary to conservation and to legislation that is enacted for the purposes of public health and public safety.

The rights to harvest fish do not alter federal and provincial laws about property in fish, which provide generally that no one owns fish until they are caught. Nisg̱a’a can also harvest fish outside the Treaty in accordance with federal and  provincial laws that apply to everyone or, in some circumstances, in accordance with agreements with other First Nations.

Nisg̱a’a entitlements to fish are held by the Nisg̱a’a Nation and the right to fish may not be sold or transferred. However, the Nisg̱a’a Nation can authorize others to harvest some of the fish under Nisg̱a’a entitlement from time to time. Canada and British Columbia cannot require Nisg̱a’a to have federal and provincial licenses or to pay fees, charges, or royalties with respect to harvesting fish or aquatic plants for domestic purposes. When Nisg̱a’a sell fish harvested under the Treaty, they are subject to the same fees and charges that apply to commercial harvesters.

A: The Minister will be required to establish a minimum escapement level for any of the species of Nass salmon for which it is necessary for conservation. If the Minister determines a minimum escapement level for a species of Nass salmon and the number of fish returning is less than that minimum escapement level, the Minister will not permit a directed harvest of that species by anyone. Once the number of fish is above the minimum escapement level, the Nisga’a share is determined. 

A: Schedule B sets out a detailed accounting mechanism to ensure that if there is an overage or underage in the harvest of Nass salmon by Nisg̱a’a, adjustments will take place in subsequent years in order to make up for the difference. There will be no underage in any given year if reasonable opportunities for the harvest have been provided or unless Canada specifically requests to limit harvest for rebuilding purposes which may limit total entitlement amount. 

A: In addition to the salmon which the Nisg̱a’a are allocated under the Treaty, the Nisg̱a’a are also entitled to a Harvest Agreement with Canada and British Columbia under which the Nisg̱a’a may harvest an additional 13 per cent of each year’s adjusted total allowable catch of Nass sockeye salmon and 15 per cent of each year’s adjusted total allowable catch of Nass pink salmon.

The Treaty requires the Harvest Agreement to be in place on the effective date, to be for a term of 25 years and to be extended for an additional 25 years after every 15-year period. If the allocations under the Harvest Agreement are terminated or reduced, Nisg̱a’a are entitled to fair compensation for the termination or reduction. 

A: Yes, subject to certain federal and provincial laws. The terms and conditions of sale will be established by Nisg̱a’a law in a manner consistent with the annual fishing plan. In addition, in accordance to the provisions in the Harvest Agreement, if directed fisheries occur for either species for commercial and/or recreational purposes, sale is permitted in Nisg̱a’a fisheries. 

A: Before Nisg̱a’a will be able to harvest surplus Nass salmon, it will be necessary to reach agreement with the Minister. The Agreement will include the terms and conditions of the harvest and whether any part of the harvest of surplus salmon will be included in the determination of overages and underages.

The Joint Fisheries Management Committee (JFMC) may recommend to the Minister procedures for the identification of the surplus and terms and conditions . 

A: Yes, with the approval of the Minister. Because enhancement initiatives can affect wild fish stocks, the Minister has a final responsibility for determining whether they take place. The Minister may receive recommendations from the Joint Fisheries Management Committee. Agreements with the Minister concerning enhancement may include agreements with respect to a Nisg̱a’a harvest of Nass salmon or Nass steelhead that result from Nisg̱a’a enhancement initiatives. 

A: Unlike salmon, steelhead are managed primarily by the provincial government. For a variety of reasons, including the different way in which steelhead are managed by run type groups (e.g., winter and summer), current information concerning the state of Nass steelhead stocks like winter runs are currently inadequate to determine harvest entitlements. The Nisg̱a’a Treaty provides the means to improve this information through studies to determine the status, conservation requirements and total allowable catch of Nass steelhead stocks and run timing groups.

The JFMC will formulate plans for those studies and prepare recommendations to the Minister and Nisg̱a’a Government. If the studies reveal a conservation concern, recommendations will be made on how to address the concern.

A: Generally, under the Treaty, Nisg̱a’a citizens will continue to have the right to harvest steelhead for domestic purposes. The Nisg̱a’a Treaty provides provisions for studies to be conducted to determine the state of Nass steelhead stocks for establishing an escapement goal if the Parties agree that a goal is needed to be established. Since implementation of the Nisg̱a’a Treaty in 2000, several studies have been conducted to determine the current state of summer-run steelhead and, to date, the Parties have not established an escapement goal as current Nisg̱a’a domestic harvest levels are well below the harvest maximum (1000 summer-run steelhead) as set out in Treaty in Schedule D.

The Nisg̱a’a also have the right to harvest winter run Nass steelhead for domestic purposes. If in the future it is necessary to establish an annual escapement goal, studies will be conducted and recommendations made. If the Minister decides that there will be an annual escapement goal for winter run steelhead, then British Columbia and Nisg̱a’a Government may negotiate a Nisg̱a’a entitlement. If no entitlement allocation is established the Nisg̱a’a will continue to have the right to harvest for domestic purposes. 

A: All other fish, marine mammals and aquatic plants are dealt with in the same way. Nisg̱a’a citizens have the right to harvest all of these species for domestic purposes. If at any time Nisg̱a’a, Canada, or British Columbia (for species they manage) wish there to be a defined domestic entitlement, the Parties are required to establish an entitlement under the terms set out in the Treaty. Under this process the Parties must establish a number called the “basic Nisg̱a’a entitlement” which is a number to be determined by taking into account current and past Nisg̱a’a use of the species for domestic purposes, the impact of conservation requirement on harvesting by others on our use for domestic purposes, the biological status of the species, any changes in Nisg̱a’a fishing effort and other factors agreed to be relevant. Ongoing studies continue to collect relevant information for future negotiations for species listed in the Nisg̱a’a Treaty, Dungeness, Tanner, and King crab, halibut, prawns and shrimp, herring, and aquatic plants used in the herring roe on kelp fishery. If agreement cannot be reached on the basic Nisg̱a’a entitlement, the matter will be referred to arbitration. 

A: The Treaty establishes bivalve harvesting areas in which Nisg̱a’a citizens have the right to harvest intertidal bivalves for domestic purposes. There will not be any commercial harvesting of intertidal bivalves in those areas.

A: Any sale would have to be in accordance with federal and provincial laws of general application and with Nisg̱a’a laws with respect to the sale of fish.

A: The Minister is responsible for the management of fisheries and fish habitat; however, the Nisg̱a’a also have important law-making authority and planning responsibility including the establishment of the Lisims Fisheries Conservation Trust Fund to support annual Nisg̱a’a fisheries projects that monitor the status of Nass salmon returns for determining Nisg̱a’a entitlements.

For example, Nisg̱a’a Government may make laws, not inconsistent with the Treaty, the Harvest Agreement or annual fishing plans, about such matters as the distribution of our entitlements among Nisg̱a’a citizens, authorizing others to harvest fish from our entitlements, allocations and trade and barter, designation and documentation of fishing vessels, and identification of fishing vessels and gear.

The Nisg̱a’a Government has enacted laws to administer and establish licensing requirements and designating and documenting people who harvest fish under the Treaty or Harvest Agreement. The relationship between Nisg̱a’a laws and federal and provincial laws are set forth in the Treaty.