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Page 1 of 17 Final Draft Approved in Principle November 2012 FRASER RIVER FISHERIES PEACE-MAKERS A Lower Fraser River Pilot in Participant-driven Collaboration, Conflict Resolution, and Getting Along in the Salmon FisheryMay 2013 "Conflict in the fishery provides the energy and opportunity to solve problems we all share"

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Page 1: RASER RIVER FISHERIES PEACE MAKERSfraserriverpeacemakers.ca/wp-content/themes/Vizio.1.7/... · 2015-06-27 · The Fraser River Fishery Peacemakers (the Peacemakers) has a primary

Page 1 of 17 Final Draft Approved in Principle November 2012

FRASER RIVER FISHERIES

PEACE-MAKERS

A Lower Fraser River Pilot in

“Participant-driven Collaboration, Conflict Resolution, and

Getting Along in the Salmon Fishery”

May 2013

"Conflict in the fishery provides the energy and opportunity to solve problems we all share"

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PURPOSE OF THIS DOCUME NT

The following terms of reference identify the origins and goals of a

process among Lower Fraser First Nations and the river salmon sport

fishing interests who are looking for ways to get along on the River – the

Fraser River Fisheries Peacemakers. The emerging themes reflect the

areas where they are finding successes from this participant-driven

collaboration. Their following Terms of Reference (TOR) clearly defines

scope and geography of their process and participation, and identifies an

operating structure and guidelines for shared activities into the future.

This Terms of Reference will be reviewed annually at the last meeting of

each fiscal year and improved where needed.

BACKGROUND

In 2009, a serious incident on the Fraser River during the summer

salmon season demonstrated the deteriorating situation on the Fraser

between competing interests in the lower Fraser fishery. A

confrontation between a respected First Nations chief and a boat

containing 2 recreational anglers escalated into violence among

fishermen, and resulted in the discharge of a pellet gun into the face of

the chief. The anglers fled and charges were never laid, but the

confrontation galvanized First Nations and sport fishing leaders into

action. Fortunately cooler heads prevailed and resulted in the beginning

of dialogue seeking solutions to growing conflicts.

These initial informal discussions resulted in the creation of a joint

working group which has met consistently over the past 3 years. Much

of the focus initially was on conflict resolution, but quickly the group

began looking ahead at strategies to avoid conflict in the first place, and

the group created an action plan that looked at proactive ways to “get

along on the river”.

Participants currently include representatives from the major sport

fishing organizations, First Nations and the Lower Fraser Fisheries

Alliance. DFO and other agencies have attended opportunistically and

provided support in various ways to the group. And the meetings have

been facilitated by the Fraser River Salmon Table.

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Results to date (2009 – 2012)

Peacemakers – a joint working group was established that included

formal and balanced membership involving First Nations and

Recreational fishing representatives to focus on "getting along on the

river". The Fraser River Salmon Table was identified as the independent

facilitator and coordinator of the group; an open dialogue forum was

adopted with regular monthly meetings, and an action plan was agreed

to;

Conflict resolution – In response to growing conflict among

Aboriginal and sport fishers in the lower Fraser River, and realizing that

future conflict is inevitable in the popular lower Fraser River salmon

fishery, a "Conflict Resolution" committee was formed. Procedures to

de-escalate conflicts in the “bud” have been adopted, plans are in place

to assist with communications, and appointed members support efforts

to achieve resolutions by those involved. The intent is to address conflict

preemptively and as it occurs, and attempt to help those involved to

address the root issues. If it appears the conflict may be serious enough

to be considered criminal behavior, refer it to the proper authorities;

River Manners – Developed a brochure and video entitled "River

Manners" which received considerable exposure within the public

domain and by other interests. This brochure and video promoted

respectful cooperation between fishers;

Developing awareness and respectful fisheries – hosted1 a river

fishery tour during the fall FN Economic Opportunity fishery to look at

monitoring and compliance issues (2009). In addition a summer sport

fishery river tour (2010) with regulators and other fishing interests was

organized. All participants talked to fishers seeking their support in

developing safe, orderly and respectful fisheries;

1 Working with the Fraser River Salmon Table and the Integrated Salmon Dialogue Forum

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Fishery monitoring and catch reporting - Developed a group vision

for building shared confidence in monitoring and catch reporting in the

lower Fraser River (2010), and developed a proposed work plan to

advance first key steps (2011);

Education signage - Finalized education signage which will be

erected the summer of 2012 at prominent locations along the Fraser

River where fishers converge. Topics include respect for each other's

fisheries and awareness of safety concerns within our respective

fisheries;

Safety in the fishery - Initiated and coordinated with the Fraser

Valley Regional District a festival held Aug 11th 2012 at Island 22 in

Chilliwack. This was a unique shared undertaking with participation from

a broad cross section of First Nations and sport fishing groups and

agencies with an interest in Fraser River activities. The event highlights

unique elements of the two fishing cultures as part of the Fraser River

salmon fishing “community”. This public event targeted families

throughout the lower mainland and is seen to play a very significant role

in further cementing relationships between First Nations and the

recreational fishing community;

Fishery-corridor access planning - Led an access planning initiative

that included access mapping, field trips and a business case for

development. The group is partnering in the "Experience the Fraser"

initiative and is identifying potential new recreational camping and boat

launching sites between Mission and Hope. This will help to spread out

the numbers of fishers from both communities of interest, hopefully

resulting in reduced conflict. This could also provide significant economic

opportunity from the sport fishery for First Nations groups and improved

access could lead to more effective "catch monitoring" for both

fisheries. The lack of perceived credible data, or in some cases lack of

coordinated reporting in catch numbers, has resulted in considerable

suspicion of reported catches making meaningful cooperation difficult.

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TERMS OF REFERENCE

SCOPE OF WORK AND RESPONSIBILITY

The Fraser River Fishery Peacemakers (the Peacemakers) has a primary

interest in reducing conflict among river fisheries of the Fraser

Watershed to achieve a more orderly and well managed fishery over-all.

Early efforts and successes of this work have focused on fisheries for

salmon and sturgeon in the gravel reaches of the Fraser River below

Sawmill Creek and above Mission. Local participation has been drawn

from this area for this purpose. The focus of this area-based group

(Chapter) of Peacemakers is on the lower Fraser River (Vancouver to Yale

– this organization approach parallels the Lower Fraser River Alliance)

structure.

Expanding the scope of the Peacemakers beyond this area would be at

the request and leadership from representatives from other areas. The

role of participants from the Lower Fraser Chapter will be to provide

start-up guidance/support for other chapters with a parallel mandate,

and then to share information on progress/challenges and best practices

among Peacemaking Chapters.

Participants recognize their scope of work and responsibility is limited to

reducing conflict and building upon common interests in the river

fisheries and does not extend to allocation, management advice, or

fishery consultations. For greater clarity, this may include jointly

convening a meeting to share salmon conservation and fishing

knowledge, but would not extend to defining fishing plans that are

responsibilities of many of these same participants in structured

advisory processes, co-management agreements and consultation

forums.

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PEACEMAKERS OBJECTIVES2

1. Build effective relationships in the fishery - Enhance and maintain

structured relationships with each other as well as with other advisory

groups and organizations within both federal and provincial government

agencies;

2. Intervene and Mediate conflict - Continue and enhance our capacity

to mediate conflict, support local resolutions, and build on our common

interests to improve relations on the river;

3. Cultivate Strategic partnerships - Continue to work with both

interests as well as DFO, RCMP, and Provincial fisheries to improve the

fishery, without interfering with structured bilateral representations

between First Nations or sport fishing organizations and other

governments;

4. Reduce crowding, plan access, and foster stewardship – access

planning to the fisheries to minimize confrontations, improve

stewardship, and support common interests in the fishery;

5. Monitoring, compliance, and catch reporting - Act as facilitator to

foster greater confidence in catch accounting in both fisheries in order

to reduce this source of conflict between fisheries;

6. Communications, education and shared stewardship - Continue to

improve awareness and communications, as well as finding

opportunities to improve the fishery, while developing education and

safety programs to assist all fishers to enjoy it safely.

7. Sharing success - Offer our experience and guidance to other areas

within the Fraser River in particular, and around the Province as

appropriate where conflicts occur. This would be purely on an advisory

basis if requested and to assist similar groups to be formed where it is

useful.

2 From original working group action plan – themes for collaboration

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PARTICIPATION

Participation in the Lower Fraser Fisheries Peacemakers is free and open

to organizations working together to improve the fishery for everyone.

Our membership is comprised of area First Nations organizations and

leading sport fishing societies.

OUR MEMBERSHIP

Lower Fraser Fisheries Alliance

Fraser Valley Angling Guides Association

BC Wildlife Federation

BC Federation of Driftfishers

OUR OPERATIONAL PARTNERS

We depend upon operational partners who contribute their resources

and time.

Sport fishing organizations include both local and regional

bodies that encourage safe and orderly river fisheries

First Nations, tribal Councils and their organizations in the

fishery participate in conflict intervention and assistance to

achieve local resolution in the fishery, working cooperatively to

promote a peaceful fishery

Fraser River Salmon Table as facilitators/administrative support

Monitoring and Compliance Panel is a resource for organizing

strategic activities defined in policy forums in practical ways on

the river

Pacific Salmon Foundation as a key sponsoring partner

DFO resource management and enforcement staff support

multi-interest problem-solving, and provided insights and

guidance on conflict resolution in the fishery

RCMP assist with conflict resolution/address criminal behavior

BC Government manages sturgeon and steelhead fisheries and

care about traceability of commercial catch and food safety

Fraser Basin Council encourages the Peacemakers efforts

towards sustainable living and resource use

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ORGANIZATION/ADMINISTRATION

Fraser River Salmon Table – provides independent/non-partisan

facilitation and organization of the Peacemakers meetings and activities,

and serves as an administrative host. Working with fisheries agencies

and resource partners this role is designed to empower the participants

to work together effectively.

An Executive committee made up of designates from the two fisheries

will provide central forum management, administrative over-sight, and

control of any committees. Peacemakers is governed by Committee,

makes decisions by consensus, and takes its lead from its members.

The Lower Fraser Fisheries Peacemakers will provide a regular local

monthly meeting forum to encourage local involvement. Participation in

committees and activities is by appointment through member

organizations. Regular meetings are open to the public.

Thematic committees (like the Conflict Resolution Committee) will be

organized from time to time to lead specific projects (i.e. Safety, Access,

etc).

REMUNERATION FOR EXPENSES

The Peacemakers are a mixture of volunteers from sport fishing

organizations and designates from First Nations sponsored by their host

organizations. When available, grants and contributions from

operational partners may support costs of project participants.

As resources permit, individuals involved in Peacemaker activities may

receive remuneration for costs associated with travel or expenses

incurred during the performance of their duties or in the pursuit of

recommended training.

Financial administration and fiscal accountability for Peacemakers is

managed by the Salmon Table.

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COMMUNICATIONS AND RECORDS

Designates from Sport Fishing and First Nations organizations are

accountable back to their host organizations.

A Communications Committee is responsible for coordinating

communications with public media. Summary notes from meetings and

reports on projects will be provided to the Peacemakers from each

meeting and then archived.

A Website is managed to provide a connection to the Peacemakers and

may link like-forums in other areas and provide the readily-accessible

meeting archive.

Topical workshops, thematic events, and field trips may be jointly

convened from time-to-time at the behest of the Peacemakers.

TRAINING AND CAPACITY-BUILDING

The Peacemakers may organize training and provide other professional

support from time to time to ensure that the Peacemakers forum and/or

individual participants have the skills and exposure to conflict

resolution/peacemaking tools to function well in their role.

New members to the Conflict Resolution Committee will be

recommended for training and the administrative host will work with

the new members to arrange for training as time and funding permits.

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Conflict Resolution

Committee (CRC) Who We Are

The Conflict Resolution Committee (the CRC) are volunteers drawn from the

Peacemakers to intervene when conflict arises, engage in fact finding and

facilitate management of orderly communications when conflicts arise in the

fishery, with the goal of improving safety and security in the fishery for

everyone. The CRC reports to the Peacemakers Forum.

The CRC share the common objective of Peacemaking actions – that is

communicating effectively with each other and their respective public

interest, and as appropriate with those involved in conflict as well as the

responsible agencies to help those most affected by the outcomes of conflict

on the river to achieve constructive conclusions, if not resolution.

PRIMARY FUNCTION The primary function of the CRC is to work together in the event of a conflict

on the river to facilitate informed communications between leaders from

both fisheries and as appropriate those involved to achieve peace on the

river.

PARTICIPATION The CRC is made up of up to 8 designates, evenly distributed between

Sport Fishing organizations and First Nations in the lower Fraser River, as

well as up to 3 designated contacts made up from DFO’s Conservation

and Protection Service, BC Environment Conservation Officers, and the

RCMP. The CRC will organize, review, and update the CRC membership

list annually and/or as needed to maintain effective participation.

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CONFLICT RESOLUTION COMMITTEE MEMBERS 3

A current membership list is provided in Appendix 1. The list is drawn

from the Peacemakers members in the following format:

4 Designates of local First Nations, Tribal Council and Nation (coordinated in cooperation with the LFFA)

1 Designate of the BC Wildlife Federation

1 Designate of the BC Federation of Driftfishers

1 Designate of the Fraser Valley Salmon fishing interests

1 Designate of the Fraser Valley Angling Guides Association

EX-OFFICIO (PROPOSED)

A list of ex-officio agency contacts is developed by the CRC co-chairs for

the purposes of communicating matters of suspected illegal or criminal

activity. These are drawn from the following agencies:

DFO C&P

RCMP

MOE Conservation Officers

CO-CHAIRS

Co-chairs will be appointed from First Nations and the sport fishery

interests within the members of the Peacemakers. The CRC Co-chairs are

responsible for organizing and coordinating communications among

members and with the Peacemakers.

RESOURCE AGENCY FOCAL POINTS Enforcement contacts identified for the CRC may participate directly in

the internal referral and information-sharing process at the behest of

the Co-chairs. Referrals to enforcement personnel may be made directly

by a member upon first contact. Referrals to enforcement personnel are

primarily for the purpose of identifying criminal wrong-doing in the

course of investigating a referral, and to suggest an appropriate action 4 ,

3 Alternates may be identified at the discretion of the Committee Co-chairs

4 The purpose of this function is to protect the members of the Peacemakers from repercussions

of their involvement and/or from becoming accessories to criminal wrong-doing. Members may be called as witnesses in prosecutions that may arise from information obtained in the course of the Peacemakers work.

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and secondarily for contributing advice and skilled support in conflict

resolution.

LIABILITY OF MEMBERS It is the responsibility of all CRC to consider criminal wrong-doing in the

course of a referral. It is recommended that if in the course of reviewing

a referral the CRC suspects criminal wrong-doing, that the matter be

referred immediately to the designated enforcement personnel. A

Committee member with information pertaining to suspected criminal

wrong-doing may be required to attend court proceedings to give

evidence and failing to do so may constitute an offense in-itself.5

QUALIFICATIONS

Qualifications for members include both an understanding and interest

in the river fishery and a direct connection to one of the identified

interests in the river fishery. Preference is given to participants that have

completed Peacemakers Training.

Acceptance to a position on the CRC means the individual is able to

receive primary referrals in the event of a conflict in the River fishery

and is then able to communicate effectively on matters with the

appropriate representatives of that interest, and to communicate

among other members of the CRC.

REFERRALS – WHAT TO DO WHEN CONFLICT ERUPTS

Most conflicts in the river salmon fishery are easily solved when people

fish safely, care about the salmon and the environment, and observe

common river manners. However, when fishers in conflict need help,

they can e-mail [email protected] which is received by the

Co-chairs who are tasked with communicating intervention plans with

the rest of the CRC members and/or as appropriate with responsible

agencies.

Matters of illegal fishing or criminal behavior should not be reported to

Peacemaker’s CRC and is referred directly to the RCMP, Conservation or

Fisheries Officers.

5 This should be reviewed by enforcement agencies for accuracy and clarity to Peacemakers

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RESPONSIBILITIES

Members of the CRC will share and review available information referred to

them about a conflict in the fishery in a timely way to determine the nature

and circumstances of a conflict and recommend actions. Upon consensus of

the CRC, their appointed co-chairs may communicate a report to the

Peacemakers forum and their respective interests. If consensus cannot be

reached they will report to the Peacemakers forum.

Members of the CRC may need to consult with those involved and/or the

appropriate First Nations and Sport Fishing Community leaders to improve

their understanding of a conflict in advance of providing a full report.

It is the primary obligation of members of the CRC to communicate in a

timely and effective way with other members of the group. If misinformation

and delay can add to the tension and atmosphere of conflict on the river

between interests, then attentiveness to timely communications can aid in

reducing tensions and the atmosphere of conflict.

From time to time the CRC may provide advice/guidance to their respective

organizations, share conflict resolution tools, and may proactively organize

public information and communications as a group aimed at strategically

reducing public tensions that may speed-up resolution, and improve safety

and security in the fishery for everyone.

ACCOUNTABILITY , REPORTING AND CHAIRPERSON

The CRC is accountable to the Peacemakers. Communications of the

CRC will be organized by a Chairperson appointed from among the

members. The Co-chairs of the CRC will be called-upon during regular

monthly meetings of the Peacemakers to lead a report on the nature

and scope of referrals and progress.

Reports will be presented by the Co-chairs of the CRC at regular

meetings of the Peacemakers. A summary briefing note will be prepared

on each referral and provided for the records of the Peacemakers upon

conclusion.

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GUIDELINES FOR FRASER RIVER FISHERIES

CONFLICT RESOLUTION REFERRALS

1. Referral calls to the Conflict Resolution Committee (CRC) may first come

from or to organization/Community members, a responsible agency6, or

from other members who are on Peacemakers list when a conflict arises in

the fishery.

2. The first person contacted in a referral is responsible to initiate

contact with the CRC co-chairs and to work with the co-chairs to inform

other members.

3. Referral information and communications among CRC members is

only shared among the Committee to protect the privacy of members, and

where agreed, with the responsible agency designates to protect the privacy

of the individuals involved. Individuals may be required by law to share

information with responsible enforcement personnel if they become aware

of, or strongly suspect criminal behaviour. Suspected criminal behaviour

should be referred to the CRC co-chairs for determination and if appropriate

referred to the designated authority lead and reported to the Peacemakers

of the status of the referral;

4. The first objective for the CRC is to collect information on the nature of

the conflict and those involved, and if necessary verifying that information

to first ensure clarity and accuracy. Upon consensus on the scope, nature

and involvement in the conflict, the report should be shared with the

Peacemakers and with the appropriate representatives inside the Sport

Fishing organizations and First Nations Communities.

5. The CRC Co-chairs will report to the Peacemakers on the nature and

scope of the problem, ensuring that the report is based on the most

accurate and current information available, and only once agreement on the

nature of the conflict has been reached with the rest of the CRC;

6 A referral process among responsible agencies is proposed in cooperation with Observe,

Record, Report (ORR), Report all Poachers and Polluters (RAPP), and”911 Emergency services”,

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6. The CRC may also provide strategic advice and insights to the

Peacemakers based on consultations with other CRC members and their

respective organizations/communities as appropriate;

7. The CRC will report incident referrals and communications plans to the

Peacemakers, and may also initiate joint public communications

(responsive - like press statements, or pro-active – like signage on the river)

through public media as appropriate in ways that will contribute to achieving

shared outcomes.

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Excerpts from the Peacemakers Pamphlet 2012

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APPENDIX 1: THE CONFLICT RESOLUTION COMMITTEE (2013/14)7

1. Co-Chair: Ernie Crey, Sto:lo Policy Advisor/LFFA Designate (604) 819-7981 2. Co-Chair: Rod Clapton, BC Federation of Driftfishers (604)530-1624 3. Tony Nootebos, Fraser Valley Angling Guides Association (604) 845 0520 4. Ed George, BC Wildlife Federation (604) 328-6281 5. Ken Malloway, FV Aboriginal Fisheries Society (604) 798-3847 6. Don Simpson, Lower Fraser Fisheries Alliance (604) 852-4040 (Ext 24) 7. Kelsey Charlie, Sts’ailes (604) 796-2116 8. Leigh McCracken, BC Federation of Driftfishers (604) 888-5133

Appendix 2: Support for Peacemakers

Sts’ailes (Council Resolution)

LFFA Executive appointment of representative to Peacemakers Meetings and Conflict

Resolution Committee

BC Wildlife Federation (Resolution)

BC Federation of Driftfishers (Decision note, Decision note, 2013))

Sport Fisheries Advisory Board (Motion, 2013)

Fraser Valley Angling Guides Association (Decision note, 2013)

Pacific Salmon Foundation (Decision note)

Chris Vang Fund (Decision note)

RCMP (verbal)

7 Odd number terms renewed in 2013 and even number terms renewed March 31, 2014