xʷməθkʷəy̓əm Fisheries Agreement

Preamble

Whereas

1. On February 20, 2026, Musqueam and CIRNAC, on behalf of Canada, entered into the šxʷq̓ʷal̕təl̕tən – A Rights Recognition Agreement.
2. The Parties are committed to continuing the transformative change achieved through the šxʷq̓ʷal̕təl̕tən Agreement and the Incremental Implementation Agreements.
3. Fisheries was identified as priority topic in the 2017 Framework for the Recognition and Implementation of Musqueam Rights and Title and is identified as a potential Incremental Implementation Measure in the šxʷq̓ʷal̕təl̕tən Agreement.
4. Musqueam views that fisheries resources and their habitat have intrinsic spiritual and cultural values that are critical for Musqueam people.
5. Musqueam has Aboriginal rights, including title that are affirmed and protected by section 35(1), Constitution Act, 1982. The Supreme Court of Canada confirmed in the 1990 R. v. Sparrow decision that Musqueam has an inherent and constitutionally protected right to fish to meet food, social and ceremonial needs. In the Sparrow decision, the Court acknowledged that, for the Musqueam, the salmon fishery has always constituted an integral part of their distinctive culture. The Musqueam have always fished, for reasons connected to their cultural and physical survival.
6. It is Musqueam's perspective that that the management of fisheries by the Crown on the Pacific Coast, cumulative effects from industrial development and global climate change are contributing factors to the health of fisheries resources.
7. The Parties agree that new approaches to fisheries management will, where possible, include Musqueam traditional and ecological knowledge as part of evidence based collaborative management of fisheries resources.
8. Canada and Musqueam acknowledge that conservation is the first priority in the collaborative governance of fisheries resources.
9. Canada and Musqueam acknowledge that recovery and rebuilding of fisheries resources will be supported by Musqueam Indigenous Knowledge and science.
10. As per the Government of Canada's United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan, Fisheries and Oceans Canada will, in consultation and cooperation with Indigenous peoples, establish effective mechanisms and processes to address systemic racism in the enforcement of fisheries laws and regulations.
11. The Parties acknowledge that Musqueam benefits from fisheries resources culturally, spiritually and economically.
12. The Parties commit to managing fisheries resources in a way that prioritizes conservation for current and future generations.

In consideration of the mutual agreements contained in this Agreement and other good and valuable consideration, the Parties acknowledge and agree as follows:

Part 1 Definitions and Interpretation

Part 2 Purpose

2.1 The purpose of this Agreement is to establish and implement collaborative fisheries management arrangement(s) between the Parties that support the exercise of their respective decision-making processes as they relate to fisheries resources.

Part 3 Fundamental Principles

3.1 The Parties agree to support Musqueam capacity building in the governance and management of fisheries resources.

3.2 The Parties agree to include Musqueam Indigenous Knowledge, fisheries science and ecosystem-based approaches in collaborative fisheries management and decision-making.

3.3 Nothing in this Agreement prevents Musqueam or Musqueam Members from being eligible to participate in and benefit from any federal programs or services in accordance with criteria established for such programs or services from time to time, to the extent that Musqueam has not assumed responsibility for the provision of a similar program or service under an agreement with Canada.

3.4 Nothing in this Agreement affects or limits Federal Law or Provincial Law in respect of Fish and Aquatic Plants.

3.5 Nothing in this Agreement prevents Musqueam from participating in agreements, that are in accordance with Federal and Provincial Law, with other Aboriginal groups relating to harvesting Fish and Aquatic Plants.

3.6 The Parties will share relevant data and information in a timely manner, including information related to fisheries monitoring, data collection, and reporting.

Part 4 Term

4.1 The term of the Agreement is twenty-five years, starting on the Effective Date and terminating on the twenty-fifth anniversary of the Effective Date.

4.2 Notwithstanding section 4.1, either Party may terminate this Agreement prior to the date set out in section 4.1 by providing the other Party with written notice setting out:

1. a termination date for this Agreement that is at least six months from the date the notice was provided;
2. the reason for the early termination; and
3. if applicable, any measures that could be taken to avoid early termination of this Agreement including proposed amendments.

4.3 The Agreement will terminate on the date set out in the notice provided under section 4.2(a) unless the Parties agree otherwise.

Part 5 Musqueam-Canada Fisheries and Marine Management Advisory Committee

5.1 The Musqueam-Canada Fisheries and Marine Management Advisory Committee is established and its representatives appointed in accordance with section 5.4 of this Agreement.

5.2 The Musqueam-Canada Fisheries and Marine Management Advisory Committee will work on planning, decision and recommendation-making, management and implementation of Musqueam and federal policies, programs, standards and laws related to fisheries and marine management, and may include:

1. Collaborative fisheries management and governance;
2. Stewardship and marine management, and marine emergency management;
3. Periodic review of agreement implementation based on feedback provided from the Working Groups;
4. Support resolution of issues where the Working Groups are not able to reach Consensus and dispute fact-finding related to fisheries and marine management.

5.3 The Musqueam-Canada Advisory Committee will make recommendations to the Parties for further considerations related to the implementation of the Incremental Implementation Agreements.

5.4 The Advisory Committee will be comprised of one Senior Official from the Department of Fisheries and Oceans (DFO), and one Senior Official from Musqueam.

5.5 The Parties will ensure that members of the Advisory Committee have the direction and mandates necessary for the collaborative management of fisheries and marine management matters.

5.6 The Advisory Committee may invite the participation of other government representatives, technical experts, and advisors as required.

5.7 Advisory Committee will meet at least twice per year or as required.

5.8 The Parties will jointly provide secretariat support to the Advisory Committee and Working Groups.

5.9 The Advisory Committee will develop Terms of Reference to be approved by the Parties within 90 days of Effective Date.

5.10 The Advisory Committee Terms of Reference will be consistent with Part 5 and may include the following elements:

1. Purpose;
2. Principles and Values;
3. Membership;
4. Topics of Discussion;
5. Meeting Processes;
6. General Provisions.

Part 6 Musqueam-Canada Fisheries Working Group

6.1 The Musqueam-Canada Fisheries Working Group is established and its representatives appointed in accordance with section 6.12 of this agreement.

6.2 The Fisheries Working Group will work by Consensus to support collaborative Fisheries management.

6.3 The Fisheries Working Group will identify fisheries management priorities for the purposes of collaborative fisheries management planning to be included in the work plan.

6.4 The Fisheries Working Group supports collaborative fisheries management, including planning and decision-making related to fisheries matters during pre-season, in-season, and post-season.

6.5 The Fisheries Working Group is responsible for meeting with the Musqueam-Canada Stewardship and Marine Working Group, and Marine Emergency Management working groups as required.

6.6 The Fisheries Working Group will develop a Terms of Reference to be approved by the members within 90 days of Effective Date.

6.7 The Fisheries Working Group Terms of Reference will be consistent with Part 6 and may include the following elements:

1. Purpose;
2. Principles and Values;
3. Membership;
4. Topics of Discussion;
5. Meeting Processes;
6. The frequency and scope of the periodic review of the Agreement's implementation; and
7. General Provisions.

6.8 Where Consensus is reached, the Fisheries Working Group may make decisions on:

1. Components of the Musqueam Annual Fishing Plan(s), including fisheries monitoring and catch reporting;
2. The collection and exchange of relevant fisheries related data, including fisheries research and stock assessment;
3. Identifying capacity building for fisheries science initiatives;
4. Coordination and contributions to regional fisheries processes;
5. In-season adjustments to components of the annual Fishing Plan(s);
6. Implementation guidelines;
7. Any other matters that the Parties agree to in writing.

6.9 Where Consensus is reached, the Fisheries Working Group may make recommendations to the Parties or the Advisory Committee as appropriate on the following:

1. Conservation, protection, public health and public safety considerations that could affect the harvest of Fish and Aquatic Plants by Musqueam;
2. Enhancement initiatives and stewardship activities;
3. The management of fisheries as it affects Musqueam's harvest of Fish and Aquatic Plants;
4. In-season management of fisheries of Fish and Aquatic Plants harvested by Musqueam;
5. Any other matters that the Parties agree to in writing.

6.10 Nothing in this Agreement precludes the Parties from negotiating arrangements or agreements for Musqueam Fish allocations.

6.11 Notwithstanding Part 7, if there is an emergency, the Minister:

1. may make the decision or take the action that the Minister considers necessary, without receiving recommendations from the Parties to the Fisheries Working group; and
2. will provide written reasons to the members of the Fisheries Working Group, as soon as possible, the decision made or action taken to address the emergency.

6.12 The Fisheries Working Group will conduct periodic reviews of the implementation of this agreement to be provided to the Musqueam-Canada Advisory Committee.

6.13 The Fisheries Working Group will be comprised of three members from Musqueam and three members from DFO.

6.14 The Parties will ensure that the members of the Fisheries Working Group have the knowledge and expertise required for the work of the Fisheries Working Group.

6.15 The Parties may designate additional individuals to participate in Fisheries Working Group meetings to assist a Party's representative in carrying out that representative's responsibilities on the Fisheries Working Group.

6.16 The Fisheries Working Group will meet at least once per month and additionally as required.

Part 7 Building Consensus

7.1 Where the Advisory Committee and the Fisheries Working Group reach Consensus on a decision or a recommendation, the Parties will implement that decision or recommendation in a manner consistent with their respective decision-making authorities, responsibilities, laws and jurisdictions.

7.2 Where the Working Group reaches Consensus on a recommendation, that recommendation may include advice on the elements necessary for implementation and will be submitted to the Advisory Committee and the Parties as required.

7.3 Where the Fisheries Working Group is not able to reach Consensus in a timely manner on a decision under section 6.7 they will refer the matter to the Advisory Committee, including a detailed report setting out:

1. the description of the issue;
2. the positions and rationale taken by each Party's representatives;
3. potential options for resolution identified to date; and
4. suggested steps for resolution of the issue, which may include separate recommendations from the Parties.

7.4 In support of consensus building under section 5.2(d), the Advisory Committee will consider the information under section 7.3 and provide guidance to the Working Group, which may include sending written recommendations to the Minister.

7.5 The Minister will consider a consensus recommendation under section 6.8, or a written recommendation made under section 7.4 prior to making a decision.

7.6 If the Minister makes a decision that varies from a consensus decision under section 6.7, or a consensus recommendation under section 6.8, or a recommendation under section 7.4, the Minister will provide written reasons to the Working Group.

Part 8 The Work Plan

8.1 Upon the effective date of the Recognition Agreement, the Fisheries Working Group will develop an annual work plan by mid-December and update annually, as required.

The work plan will outline the timelines and responsibilities for development of the following priorities:

1. a communications protocol;
2. terms of reference(s) which outlines roles, responsibilities, timelines, and accountabilities of each Party;
3. process to discuss new and renewed allocations for all fish species;
4. delivery of the Musqueam Fishing Plan to the Fisheries Working Group;
5. associated operational documents as outlined in Part 10
6. key fisheries management processes including fisheries policies, regulations and, and legislations;
7. plans for training and capacity building;
8. any other activities the Parties agree to.

Part 9 The Musqueam Fishing Plan

9.1 Every year and by a date agreed to by the Parties, the Musqueam representatives of the Fisheries Working Group will provide to the Fisheries Working Group, a Musqueam Fishing Plan for the harvest of Fish and Aquatic Plants.

9.2 A Musqueam Fishing Plan may include, as appropriate but not limited to:

1. the Musqueam preferred means of harvest for each species as described in the Musqueam Fisheries Operational Guidelines;
2. which species or stocks of Fish and Aquatic Plants will be harvested and in what amounts;
3. the location and timing of the harvest;
4. the size, type, identification, marking and quantity of fishing gear to be used, the manner in which the fishing gear would be used, and other matters concerning the method of harvest;
5. the transportation of Fish and aquatic plants harvested
6. the monitoring of harvests, including notification, catch monitoring, identification and reporting of harvest;
7. Musqueam enforcement activities; and
8. other matters as may be required for Musqueam fisheries.

9.3 Subject to section 6.10, where the Fisheries Working Group has reached a consensus decision under section 6.7(a) regarding one or more components of the Musqueam Fishing Plan, that consensus decision will be implemented or recommended to decision makers as per Part 5.

Part 10 The Musqueam Fisheries Implementation Guidelines

10.1 Following the Effective Date, the Parties will jointly develop guidelines, called the Musqueam Fisheries Implementation Guidelines, to assist the Parties in implementing the elements of the Musqueam Fishing Plan.

10.2 The Musqueam Fisheries Implementation Guidelines may include operational principles and procedures.

10.3 The Musqueam Fisheries Working Group will update and maintain the Musqueam Fisheries Implementation Guidelines as required.

10.4 For greater certainty, any amendments to the Musqueam Fisheries Implementation Guidelines based will require the written agreement of the Parties.

Part 11 Licensing and Designations

11.1 The harvesting of Fish and Aquatic Plants by Musqueam will be carried out in accordance with a license issued by the Minister.

11.2 Musqueam may designate individuals and vessels to participate in Musqueam Fisheries under Musqueam Laws and in accordance with any requirements set out in a license document issued by the Minister.

11.3 Where the Musqueam-Canada Fisheries Working Group or the Musqueam-Canada Advisory Committee reach Consensus on the final Musqueam Annual Fishing Plan, the final Musqueam Annual Fishing Plan may inform any licencing documents issued by the Minister for Musqueam Fisheries.

11.4 Musqueam will notify individuals designated by Musqueam to harvest Fish and Aquatic Plants of the provisions of any license issued by the Minister to Musqueam.

11.5 Designation of a vessel by Musqueam does not alter the application of Federal Law or Provincial Law in respect of foreign fishing vessels in Canadian waters.

Part 12 Dispute Resolution

12.1 Following Musqueam's sniw̓ (teachings and legal traditions), including the teachings of nə́c̓aʔmat ct (we are all one), ya:y̓əstəl̕ (working together) and q̓ʷal̕təl̕ (putting aside our differences in favour of collaboration and co-existence), the Parties share these goals:

1. to cooperate with each other to develop harmonious working relationships;
2. to make best efforts to prevent or minimize disputes;
3. to identify disputes quickly and concisely; and
4. to resolve disputes in the most collaborative, informal and cost-effective manner possible.

12.2 The Parties will use the procedures set out in this Part to resolve disputes:

1. relating to the interpretation, application or implementation of this Agreement;
2. relating to a breach or anticipated breach of this Agreement;
3. as otherwise agreed to by the Parties.

12.3 In relation to the procedures under this Part, the Parties agree:

1. to bear their own costs and to share equally the common costs for mediation, Alternative Process and arbitration;
2. to keep confidential all discussions, negotiations and proceedings and all information and documents shared in confidence;
3. that they may, by agreement, vary any procedural requirement as it applies to a particular dispute; and
4. that any mediator appointed under section 12.9(b) or section 12.9(c) or arbitrator appointed under section 12.11(b):
   1. will be qualified to act in their appointed capacity, free from any conflict of interest, and
   2. preferably, will have knowledge of, or experience in, the subject matter or issues.

12.4 The Parties intend that most disputes will be resolved through informal discussions between the Parties without progressing to the stages set out in section 12.5.

12.5 Disputes not resolved through informal discussions will progress through the following stages until resolved:

1. Stage One: formal unassisted negotiations to resolve the dispute;
2. Stage Two: structured efforts to resolve a dispute through mediation, Alternative Process or neutral evaluation; and
3. Stage Three: final adjudication of a dispute by arbitration or litigation.

12.6 No Party may refer a dispute to litigation without first completing stages one and two as set out in this Part.

1. to prevent the loss of a right to commence proceedings due to the expiration of a limitation period; or
2. to obtain interlocutory or interim relief that is otherwise available pending resolution of the dispute in accordance with this Part.

12.7 Notwithstanding section 12.6, nothing in this Part prevents a Party from commencing arbitral or judicial proceedings at any time:

1. to prevent the loss of a right to commence proceedings due to the expiration of a limitation period; or
2. to obtain interlocutory or interim relief that is otherwise available pending resolution of the dispute in accordance with this Part.

Part 13 Predictability Measures

13.1 While this agreement is in effect, Musqueam will exercise Section 35 Fishing Rights implemented through this Agreement in accordance with the terms of this Agreement.

13.2 For the duration of the Agreement, Musqueam will not file any claims seeking declarations of any Section 35 Fishing Rights or suits, actions, claims, proceedings or demands of whatever kind, whether known or unknown, relating to or arising from any act or omission before, on or after the Effective Date that may have unjustifiably infringed Musqueam Section 35 Fishing Rights.

13.3 Where Musqueam and Canada enter into negotiation of a Treaty, treaty arrangement, or other agreement related to the harvest of Fish or the management of Fish and Fish Habitat, the benefits, risks and opportunities obtained by or on behalf of Musqueam under this Agreement, will be considered in the conclusion of that treaty, treaty arrangement, or other agreement.

13.4 The Parties agree that the financial resources provided by DFO will be considered as a part of incremental implementation by Canada to address Musqueam's Rights and Title.

The financial resources flowing from this Agreement will be offset against any other financial resources:

1. that DFO agrees to pay Musqueam under a future agreement relating to Musqueam's Rights and Title; or
2. that DFO or Canada, as applicable, must pay or agrees to pay Musqueam under a court award.

In the circumstances described in section 4(a), DFO or Canada, as applicable, may seek to apply to court to offset all or part of the financial resources referenced in this section.

Any funding from federal programs of general application which Musqueam may be eligible, and for greater certainty as part of a comprehensive fish agreement, will not be considered financial resources as referenced in this section.

Section 13.4 will survive the expiration or termination of this agreement.

Part 14 General

14.1 This agreement:

1. is not a treaty or land claims agreement within the meaning of sections 25 and 35 of the of the Constitution Act, 1982;
2. does not affect the respective authorities of Musqueam and the Minister of Fisheries and Oceans under the Fisheries Act, the Department of Fisheries and Oceans Act, and other applicable legislation;
3. does not create, amend, define, establish, abrogate or derogate from any rights Musqueam may have under section 35 of the Constitution Act, 1982;
4. Is to be construed as upholding any of Musqueam's rights under section 35 of the Constitution Act, 1982, and not abrogating or derogating from them;
5. will not be construed as describing or restricting any Party's position with respect to the existence, nature or scope of any rights protected under section 35 of the Constitution Act, 1982;
6. does not create, modify, extinguish, or abrogate or derogate from the rights of any other Aboriginal group that are recognized and affirmed by section 35 of the Constitution Act, 1982; and
7. is without prejudice to the resolution of the Musqueam's Rights and Title through negotiation or other processes.