SITE C CLEAN ENERGY PROJECT

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SITE C CLEAN ENERGY PROJECT VOLUME 5 APPENDIX A04 PART 6 SUPPLEMENTAL TLUS REPORT: DENE THA FIRST NATION FINAL REPORT Prepared for BC Hydro and Power Authority Prepared for the Dene Tha First Nation by Marc Stevenson, PhD., All Nations Services July 19, 2013

Dene Tha First Nation Supplemental Traditional Land Use Report for BC Hydro s Proposed Site C Dam 1.0 Introduction Prepared for the Dene Tha First Nation Prepared by Marc G. Stevenson, PhD, All Nations Services July 06, 2013 The DTFN entered into an Agreement with BC Hydro in 2012 to undertake a traditional land use (TLU) study in connection with the proposed construction of BC Hydro s Site C Dam on the Peace River near Ft. St. John, BC. The purposes of the Agreement were to provide funding to the DTFN to document and present the traditional use and occupation of its members within that portion of Dene Tha traditional territory in the vicinity of proposed the Site C dam, and to document the concerns that Dene Tha land users had about the project so that they might be considered and addressed in the environmental impact assessment and review process. A report containing both TLU information and the concerns of the Dene Tha was submitted to BC Hydro in the fall of 2012. 1 Subsequently, BC Hydro released its Environmental Impact Assessment (EIA) for the Site C Dam early in 2013. Following the release of the EIA, DTFN expressed concerns that BC Hydro had failed to properly interpret and consider the DTFN 2012 TLU report. DTFN has commissioned supplemental interviews with Dene Tha land users specific to the local assessment area (LAA). This report presents the results of this work, the primary objectives of which were to collect information regarding: fishing and other TLU activities in and about the LAA resources harvested by Dene Tha in and about the LAA Dene Tha concerns and traditional knowledge about the impacts of the Bennett dam the use and the importance of the Peace River and its tributaries by/to the Dene Tha future use of the area by Dene Tha Two additional Dene Tha land users, Floyd Apannah and Josh Kolay currently living in BC, were interviewed by the report author on June 21, 2013. TLU information relevant to the LAA or Study Area are presented in Section 3.0. 1 Den Tha Traditional Land Use with Respect to BC Hydro s Proposed Site C Dam, Northeast British Columbia (DFTN 2012) Page 1 of 6

2.0 Study Area The proposed Site C dam is located on the Peace River near Ft. St. John on the southern boundary of Dene Tha traditional territory. Increasingly, because of a host of factors beyond their control, the Dene Tha have found that they must travel to the very reaches of their traditional territory in order to exercise their Treaty rights and to provide food for their families. Consequently, more and more Dene Tha are concentrating their traditional use within an activity corridor that stretches from Sulphur Lake (west of Manning, Alberta) to the Beatton River (east of Ft. St. John). However, the focus of this report is on those lands within Dene Tha traditional territory that BC Hydro has identified as the local assessment area (LAA) for the proposed Site C Hydroelectric dam. Based on the traditional and experiential knowledge that the Dene Tha hold with regards to the ongoing environmental impacts of the Bennett dam, most Dene Tha interviewed felt that the environmental effects of the new Site C dam will be felt far beyond the LAA. In particular, animals such as moose, caribou, bison, elk, bear, lynx and wolves whose home ranges cover the LAA will be affected, as will various species of fish that migrate along the Peace River and spawn in its tributaries outside the LAA. Thus, the proposed dam will negatively impact DTFN members constitutionally protected treaty rights to hunt, trap, fish and gather not only within, but also outside of the LAA. Direct impacts within the LAA are anticipated to occur during both construction and operation of the proposed Site C dam, and to include the alteration of water levels and loss of habitat both upstream and downstream, as well as changes in natural water temperature fluctuations and ice formation patterns. These impacts, in turn, will have negative impacts on the aquatic and terrestrial species that rely upon the Peace River for survival and the ability of the Dene Tha to exercise their constitutionally protected rights both within the vicinity of the proposed dam and for many kilometers downstream. While the Peace River Valley immediately up and downstream of the proposed dam will experience the most direct impacts from the construction and operation of the Site C dam, the Dene Tha expect project impacts to be felt for farther downstream, particularly around tributaries that flow into the Peace River. 3.0 TLU and TK Interviews Floyd Appanah and Josh Kolay were interviewed by the report author on June 21, 2013 in Ft. St. John and Dawson Creek, respectively. These individuals were selected by the DTFN Lands and Environment Department on the basis of their known current and past use of the Peace River valley, although it was recognized that other DTFN members also exercise their Treaty rights in the LAA (e.g., see DTFN 2012 report and below). The primary purpose of the interviews was to collect information related to: fishing and other TLU activities, as well as the species of harvest in the LAA traditional knowledge about the impacts of the Bennett dam and concerns about Site C dam Page 2 of 6

the importance of the Peace River valley to them and its future use by the Dene Tha Each is described below, after which a summary of traditional land use activities in the LAA described in the previous Study (DTFN 2012) is provided. 3.1 Fishing, Other TLU Activities and Species Harvested in the LAA While Floyd Apannah (FA) and Josh Kolay (JK) currently fish for rainbow near the east end of Williston Lake, Josh also fishes further downstream of the Bennett dam as far as Ft. St. John and beyond for rainbow and bull trout (JK). Both Floyd and Josh fish the Peace River primarily in the summer, especially June and July. According to Floyd, other Dene Tha that may fish the Peace River east of the Alberta border includes Keith Pastion and Kevin Apannah (FA). Josh hunts for moose from summer to winter around Williston Lake and along the Peace River valley from just below the Bennett dam to as far as the town of Peace River. During his hunting forays Josh also camps and paints in the Peace River valley, particularly around Ft. St. John -- Josh is an internationally renowned Dene artist (JK). Floyd s major fall camping and moose hunting ground encompasses the north side of the Peace River between Ft. St. John and Williston Lake (FA), where he hunts every weekend during the fall and for one month each year from early September to early October (FA). Floyd also hunts and camps this area in the spring for beaver and bear (FA). Floyd estimates that he hunts, traps and fishes from the banks of the Peace River west of Ft. St. John to the headwaters of the Beatton River for an average of 3-4 months each year as he hunts every chance he gets on weekends and at the conclusion of his daily work shift in the oil patch (FA). Other Dene Tha that hunt moose in the summer and fall to the north bank of the Peace River and within the Peace River Valley downstream of Ft. St. John include Warren Danais, Peter Chonkolay, Johnny Beaulieu Jr., Willie Chambaud, Albert Seninatha and Fabian Chonkolay, the latter preferring to hunt by boat 5-6 times a year (see DTFN 2012:14-15). Dene Tha hunting in this area in the summer and fall, usually camp at Boundary Lake and sometimes join other Dene hunters from Doig, Blueberry, and Halfway First Nations (DFTN 2012). Other species that Dene Tha hunt within the Peace River Valley up and downstream of Ft. St. John, mostly incidental to the hunting of moose, include elk, deer, rabbits, chickens and geese/ducks (DTFN 2012 :17-22). Huckleberries and Saskatoon s are picked downstream of Ft. St. John on the Peace River, especially around Flatrock Creek, by some Dene Tha (DTFN 2012:17). Page 3 of 6

Both Josh and Floyd s physical footprint on the land in and around the LAA is very light; the Dene Tha consider themselves to be stewards of the land and leave few, if any, traces of their use and occupation behind. While Floyd s returns every season to wellestablished campsites in and around Pink Mt. and west of the Blueberry River Indian Reserve, where his mother-in-law s trapline is located (FA), Josh does not reuse his campsites in the Peace River Valley as he makes a new camp every time (JK) (Map 1). Page 4 of 6

Map 1. Supplemental Traditional Land Use Interview Data for BC Hydro s Proposed Site C Dam Page 5 of 6

3.2 Traditional Knowledge about the Impacts of the Bennett Dam and Concerns about Site C Dam Josh Kolay not only relies on the Peace River Valley up and downstream of Ft. St. John to exercise his Treaty rights to hunt, fish and camp, but also for his living as an artist. He feels that his ability to provide traditional food and cash income for his family will be negatively affected by the proposed dam. Specifically, he feels that his hunting of moose may be more impacted downstream of dam than upstream, and that lower water levels will also destroy plant and animal habitat (JK). Moreover, based on his experiential knowledge with the Bennett dam, Josh is certain that the unforeseen and long-term impacts of the Site C project will be far more serious than the short-term impacts predicted by BC Hydro, and that future generations will be impacted (JK). Floyd Apannah has experienced first-hand the negative and cumulative impacts of the Bennett dam. Caribou, once plentiful upstream in the headwaters of the Peace River, were all but extirpated from the area after the Bennett dam was built. The Bennett dam also brought more people, settlement, development and recreational snowmobilers to Ft. St. John, and there are now trails all over the bush along the Peace River downstream of Ft. St. John that have destroyed moose habitat, especially salt licks. There also used to be lots of berries (high and low cranberry, raspberry, and huckleberry) along the Peace River, but not anymore. Floyd Apannah is particularly concerned that the proposed dam will further disrupt animal movements and distributions as well as the migratory patterns and spawning habitat of Rainbow, Grayling, Dolly Varden, and other species of fish. The Dene Tha have seen numerous changes in the water flow regime, plant life and animal habitat along the Peace River since the construction of the Bennett dam. Low water at certain times of the year, and flooding at other times, have killed trees and berry habitat, and the animals species that depend on them. The Dene Tha remain concerned that fish, moose, beaver, ducks/geese, huckleberries and traditional medicines, and their use by band members, will be negatively impacted by the proposed Site C dam (see DTFN 2012:29-32). 3.3 The Importance of the Peace River Valley to and Its Future Use by the Dene Tha Increasingly, as forestry and oil/gas development closer to home forces Dene Tha band members to range further afield to hunt, trap, fish and gather, the Peace River Valley up and downstream of Ft. St. John will attract their attention as an area where they can exercise their Treaty rights; the area between Boundary Lake to the north bank of the Peace River up to Ft. St. John is known as prime moose hunting grounds. Both Josh Kolay and Floyd Apannah on the date they were interviewed (June 21, 2013) were planning to go hunting in this area this fall, and in subsequent years (JK, FA). In the 2012 TLU report for BC Hydro, many Dene Tha were also planning within the next few weeks to go hunting within this (DTFN 2012), and there is no doubt that this will continue to attract more and more Dene Tha hunters with each passing year. Page 6 of 6

Traditional Use information presented in this representation remain the sole property of the Dene Tha'. Nothing in this representation shall derogate, abrogate or prejudice in any manner or form, any constitiutional, Treaty or Aboriginal rights or title of the DTFN. Any use, citation or reproduction of proprietary information contained in this representation is permissible only with written consent of the DTFN Lands Department. Watercourse 0 BRITISH COLUMBIA Fort St John d Hudson's Hope Hunting Trapping WildRes_Veg_EcoComm_LAA 20 Gathering Hunting Proposed BC-Hydro Site C 10 Fishing Gathering Waterbody d Land Use Outline Fishing Fishing_Camping 40 60 BRITISH COLUMBIA Lands and Environment (c) 2013 Land Use Fill Road National Road Network, 2012 Bing Maps, Microsoft Corporation, 2012 National Topographic Database, NRC, 2004 Canadian Digital Elevation Data - Level 1, NRC, 1998-05-07 Traditional Land Use Private Registry GeoDatabase, DTFN, 2012 Topo_GeoGratis, NTS 1:250k Mapsheets; 084CDEF,094ABGH NRC, 1-04-2007 Basemap ALBERTA Map 1: Supplemental DTFN TUS Interview Data 80 Trapping Fishing_Camping 100 km