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Canada closes gap in convention catch
CANADIAN SOCKEYE LANDINGS
1968 1972 1976 1980
October 2 ............. * 6,200 * *
October 3............. * * * *
October 4............. * * * *
October 5 ............. * *
October 6............. * * * *
October 7............. * * * 5,000
October 7............. * * * *
October 7............. * * * *
October 7............. * * * *
Season's total to date: 918,900 1,075,100 1,381,800 449,000
U.S. SOCKEYE LANDINGS
1968 1972 1976 1980
October 2............. * 400 * *
Octobers............. * 200 * *
October 4 ............. * 1,300 * *
October 5............. * * * *
October 6............. * * * 1,100
October 7............. * * * 500
October 8............. * * * 500
October 9............. * * * *
Season's total to date: 885,700 1,128,100 1,322,000 465,000 *Catches less than 100.
NOTE: The statistics from 1980 are the best estimates now available and may be changed without notice as discrepancies are found and corrections made.
If the figures for 1980 are released for publication, please designate them as estimates from the records of the International Pacific Salmon Fisheries Commission.
New legal victory boosts Indian food fishing rights
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A provincial court in Lillooet, B.C., acquitted four Fountain Indian band fishermen Oct. 9 for allegedly food fishing illegally inside reserve grounds in the Fraser River during a fisheries department closure on August 17, 1979.
Acquitted were Ronald Ad-olph, James Bob, William Ad-olph and Victor Adolph Jr. A charge against another Indian fisherman also was dropped.
In his decision, Judge T. W. Shupe ruled that a closure of the Fraser River's food fishery to Indians was discriminatory in its nature.
"The closure was neither reasonable nor necessary for the purpose of conservation and operated, in view of the expanded commercial fishing time, dis-criminatorily against the defendants and each of them," said Shupe.
The five Indians were arrested by fisheries enforcement branch officers for defying a closure ordered by the federal fisheries department at that time due to announced salmon conservation measures in the Fraser River.
Indians have traditionally insisted that they have absolute control over their reserve grounds according to historic treaties and provisions embodied in the Indian Act, while the
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fisheries department has claimed that conservation measures contained in the Fisheries Act supercede Indian food fishing rights in their reserves.
The recent acquittal sets another precedent in the Indians' fight for recognition of fishing in their reserves seven days a week.
A Canadian Press report, published in the Prince Rupert Daily News Oct. 10, said that crown counsel Fred Kaatz believed that the recent Shupe ruling created a rather complex situation.
Kaatz said that Shupe's decision to cover only Indians who received an exclusive right to food fishing in the Fraser River run parallel to the provisions of the McKenna-McBride Commission report of 1915.
He said, according to the same report, that the fisheries department now will be forced to prove in court the need for an announced closure in reserve lands before any Indians can be convicted for violations of the Fisheries Act.
HERRING
CONTINUED FROM PAGE 1
union's welfare fund, up from a present $3 a ton to $3.50.
Hewison said the union negotiating committee's main concern during negotiations was the conclusion of a quick agreement with acceptable minimum prices to support fishermen's declining incomes.
"The agreement is not going to be a pacesetter, but it reflects our main desire to pursue the goal of viable herring operations which can support hundreds of people in the industry."
Hewison added the 1980 minimum price on food herring was the best deal the union could extract from association negotiators due to declining herring markets at home and abroad.
"The agreement also reflects what is at present an uncertain market situation," Hewison emphasized.
He said the 10,000-ton quota for food herring in 1980 can only be taken for food.
"If it's not taken on food, it won't be taken on roe; either we get it or we lose it," he said.
Nearly 6,000 tons will be taken in the Gulf of Georgia this year.
The union had opened negotiations with a demand of a 15 percent increase or a basic rate of $135 and $160 for premium. Association negotiators' first offer of $115 and $149 was flatly rejected by the union-Native Brotherhood negotiating committees.
A subsequent drop of the minimum price offer to $125 and $155 met stiff resistance from association committee members.
Meanwhile, a fisheries department telex Nov. 3 cancelled the previously announced opening date for food herring Nov. 12.
Fisheries herring co-ordinator Bob Humphreys told The Fisherman Nov. 6 that there is going to be a delay in the opening date due to poor stocks in the Strait of Georgia.
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2/THE FISHERMAN — NOVEMBER 7, 1980
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