CHN wins injunction over herring fishery

  • Mar. 24, 2015 12:00 p.m.

By Rhonda Lee McIsaacHaida Gwaii ObserverThe Haida Nation was successful in stopping the Minister of Fisheries and Oceans from opening a herring fishery this year for Haida Gwaii. CHN received the injunction in a March 6 Federal Court ruling in Vancouver.”The court was receptive to our submissions and we were able to demonstrate a very real problem in the management of herring and the attitude of the Department of Fisheries and Oceans,” Peter Lantin, president of the CHN said. “We hope with this ruling DFO will start working with us to develop a sustainable fisheries” states Lantin in a news release on the granting of the injunction. The Department of Fisheries and Oceans will not be able to open a decade-long closure of commercial spawn on kelp and herring roe fisheries in the waters surrounding Haida Gwaii. The court found the DFO’s stock assessment numbers were calculated with insufficient certainty, which the CHN proved with their own research and on-the-water knowledge. Justice Michael Mason in his ruling stated, “There is a real and serious risk of irreparable harm if the Haida Gwaii area is reopened for roe herring fishery in 2015.” Justice Mason also noted that the federal government failed to meaningfully consult and negotiate with the Haida Nation about the fishery. “There is a heightened duty for DFO and the Minister to accommodate the Haida Nation in negotiating and determining the roe herring fishery in Haida Gwaii,” he said, “given the existing Gwaii Haanas Agreement, the unique Haida Gwaii marine conservation area, the ecological concerns and the duty to foster reconciliation with and protection of the constitutional rights of the Haida Nation.”Before a commercial herring fishery can be opened, Justice Mason ruled further steps must be taken to ensure the fishery’s sustainability, including a hearing of a judicial review application, the completion of a herring management framework, and the completion of an integrated Gwaii Haanas Management plan.

Just Posted

B.C. freestyle skier wins gold

Cassie Sharpe of Comox shines in the halfpipe

Thrilling finish to 59th All Native Tournament

Kitamaat, Hydaburg, Port Simpson and Kitkatla win championships in 2018 All Native Tournament

Day 6 from the All Native Basketball Tournament

Scores from Feb. 16 and finals matchups at the All Native Tournament in Prince Rupert, B.C.

Day 5 of the All Native Basketball Tournament

Scores from Feb. 15 at the All Native Tournament in Prince Rupert

Queen Charlotte voters test sewage plan ahead of Feb. 24 referendum

Comparing Martynuik Road site and Skidegate tie-in a key issue at council Q & A

REPLAY: B.C. this week in video

In case you missed it, here’s a look at replay-worthy highlights from across the province this week

How to keep local news visible in your Facebook feed

Facebook has changed the news feed to emphasize personal connections. You might see less news.

B.C. cold snap prompts energy use spike

BC Hydro is reporting a 10 per cent increase in the energy demand in the last two days

COLUMN: Benning stands firm on Gudbranson, will keep him with Canucks until 2021

Canucks opt to not trade the 26-year-old defenseman, but sign him to multi-year deal

Students head to Florida capital to press for gun law change

Young protestors are joining a grassroots movement against gun violence in the wake of last week’s school shooting in Parkland, Florida

Liberals look at use-it-or-lose-it parental leave for dads

Liberals looking at creating a use-it-or-lose-it leave for fathers, Trudeau says

Fred Rogers, America’s favourite neighbour, celebrated in 2018

The golden anniversary of America’s favorite neighbor is being celebrated with a PBS special next month

Toddler breaks leg after boot sucked into escalator at Vancouver airport

A Calgary woman is reminding parents of the dangers of escalators after her toddler’s foot was stuck in one and he broke his leg

Moose creates uber Canadian Olympic moment

A Calgary man shares a truly Canadian moment on Twitter of a Moose enjoying the Olympics

Most Read