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Territorial jurisdiction : the cultural and economic significance of eulachon Thaleichthys pacificus… Ryan, Teresa Loa 2014

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  TERRITORIAL JURISDICTION: THE CULTURAL AND ECONOMIC SIGNIFICANCE OF EULACHON THALEICHTHYS PACIFICUS IN THE NORTH-CENTRAL COAST REGION OF BRITISH COLUMBIA   by  TERESA LOA RYAN  B.Sc. Central Washington University, 1997 M.Sc. Central Washington University, 2000    A THESIS SUBMITTED IN PARTIAL FULFULLMENT OF THE REQUIREMENTS FOR THE DEGREE OF  DOCTOR OF PHILOSOPHY   in   THE FACULTY OF GRADUATE AND POSTDOCTORAL STUDIES  (Resource Management and Environmental Studies)         The University of British Columbia  (Vancouver)  April 2014 © Teresa Loa Ryan 2014 ii  Abstract Aboriginal people of the Pacific Northwest have extraordinary affinities to fisheries resources. Balanced relationships with their environments facilitated comprehensive understanding of the cycles of renewal and resource abundance to prosper amidst cyclic variability and harsh climates. Traditional Aboriginal law and social institutions were the sentinel guardians that authorized territorial jurisdiction and resource use. The accumulation of Aboriginal Ecological Knowledge (AEK) ensured continuity of sustainable use and effective resource husbandry to increase wealth. Large surplus of products were driving factors for regional trade and exchange further contributing to wealth generation. Examining the use of eulachon (Thaleichthys pacificus), in the north-central portion of its range illustrates the linkages between resource use, customary law, and territorial authority. Eulachon are used to produce “Grease” (oil rendered from the fish) in this region only from the Unuk River in the north to the Klinaklini River at the southern terminus. Four coastal Aboriginal groups (Tlingit, Tsimshian, Kwakwaka’wakw, and Nuxalk) produce Grease and are located in or near transportation corridors. An elaborate system of territorial authority was validated through the feasting system, also known as potlatches. Those territorial owners that were effective resource managers achieved higher prestige, and maintained authority by demonstration of resource products’ surplus.  Contemporary fisheries management regulation has severely restricted Aboriginal access to limited harvests only, despite those same resources having been in Aboriginal use for thousands of years. Several factors have contributed to profoundly altering Aboriginal practices, their historic traditions, and the spaces on which they depended. These include but iii  are not limited to colonization and its assimilation policies, and myriad restrictive legislation over many decades.  The geographic scope of the highest degrees of social complexity exactly matches the eulachon Grease producing region. The wealth and prosperity that existed in this region for thousands of years was due to the integral fit of these social institutions with their unique ecological landscape. Removing this fit has caused damage to the wealth and prosperity of Aboriginal people and also risks the collateral loss of the applying Aboriginal Ecological Knowledge in the stewardship of the Pacific Northwest.  iv  Preface This dissertation is original, unpublished work by the author, T. Ryan with the following exceptions: Figure 1 – Not original work of the author; borrowed for illustration purposes with permission from: Round River Conservation Studies, The Nature Conservancy, and Nature Conservancy Canada. 2003. A Conservation Area Design For The Coastal Forest and Mountains of Southeast Alaska and British Columbia – November, 2003. Figure 2 – original work of the author, unpublished. Figure 3 – Author T. Ryan adapted from Hirth, K. G. 1978. Interregional Trade and the Formation of Prehistoric Gateway Communities. American Antiquity, 43(1):35-45. Figure 4 – Not original work of the author; burrowed for illustration purposes from: Carlson, R. L. (ed.). 1983. Indian art traditions of the Northwest Coast. Burnaby, BC: Archaeology Press, Simon Fraser University. Figure 5 – original work, published by: T. Ryan. 2013. Summary Comparison of Governance Models That Consider Aboriginal Traditional Knowledge. In E. Simmons (ed.), Indigenous Earth: Praxis and Transformations. Penticton, BC: Theytus Books. The interviews with Aboriginal people for this research were conducted under the policy of the Office of Research Ethics UBC, Behavioural Research Ethics Board certification number: TRyan-2002.   ‘Smhayetsk d’waiyu, Na walp Xpe Hanaax d’wil tsogu. My name is Smhayetsk, I am from the House of Xpe Hanaax. I belong to the Gitlan tribe of the Tsimshian Nation by birth. My hope is to bring this heritage to the following analyses while being mindful of my personal cultural obligations to Aboriginal people.  v  Table of contents Abstract ................................................................................................................................ ii Preface ................................................................................................................................ iv Table of contents ...................................................................................................................v List of tables....................................................................................................................... vii List of figures .................................................................................................................... viii Acknowledgements ............................................................................................................. ix Dedication .............................................................................................................................x Chapter 1: An introduction to the navigation of Aboriginal territorial dispossession and the consequences of colonial dilemmas .......................................................................................1 Introduction .......................................................................................................................1 Model selection process .....................................................................................................9 Literature review ............................................................................................................. 15 Methodology ................................................................................................................... 30 Research Summary .......................................................................................................... 34 Chapter 2: Tracing the imperial steps trodden across an ancient landscape in pursuit of lands, trade, wealth and power ....................................................................................................... 36 Introduction ..................................................................................................................... 36 The law of the land as the constraints of power to seek new wealth ................................. 37 A thorny crown: Early Canadian encounter and colonialism ............................................ 45 Royal protection of private fortunes ................................................................................. 52 Lands and trade in chaos.................................................................................................. 56 Colonial arrival in the Pacific Northwest after a century of maritime fur trading .............. 59 Unsettled Oregon Territory issues.................................................................................... 69 Changes to the Aboriginal domain ................................................................................... 79 Compassionate plea to philanthropy ................................................................................ 86 Conclusions ................................................................................................................... 103 Chapter 3: Discovering anthropology and viewing through their lens the spiral of Aboriginal social organization to protect wealth .................................................................................. 105 Introduction ................................................................................................................... 105 Rationale for urgency in the study of Aboriginal cultures .............................................. 106 Philology hiatus and rebirth ........................................................................................... 109 Expanding horizons of intellectual endeavor .................................................................. 119 Contested terminology of an oppressive paradigm ......................................................... 131 Cosmology and misinterpretations ................................................................................. 154 Iterative misunderstanding ............................................................................................. 159 Power of women ........................................................................................................... 161 Social organization ........................................................................................................ 164 Spiral ............................................................................................................................. 173 Feasting the prerogatives ............................................................................................... 177 Generous payments ....................................................................................................... 184 Homogenous features .................................................................................................... 191 Conclusions ................................................................................................................... 195 Chapter 4: Finding congruent spirals between social organization and ecology to demonstrate economy through extensive values of Grease..................................................................... 200 vi  Introduction ................................................................................................................... 200 Territorial partitioning of lands and labor ...................................................................... 201 Basis of trade ................................................................................................................. 214 Aboriginal commerce .................................................................................................... 221 Grease trails .................................................................................................................. 235 Volume of Grease .......................................................................................................... 237 Currency value .............................................................................................................. 240 Aboriginal ecological knowledge (AEK) ....................................................................... 246 Beliefs ........................................................................................................................... 255 Results of interviews and complementary knowledge .................................................... 262 Eulachon science ........................................................................................................... 273 Demonstrating the fit between ecology and social systems ............................................ 282 Conclusions ................................................................................................................... 287 Chapter 5: The subjugation by the imposed colonial regime to wrest Aboriginal title and control of fisheries while reserving starvation allowance for Aboriginal use ...................... 289 Introduction ................................................................................................................... 289 Acts of pernicious imposition ........................................................................................ 290 Removing the power...................................................................................................... 305 Use of “communal” or “common property” to erase Aboriginal institutions................... 310 Territorial markers ......................................................................................................... 315 Unprincipled quieting of title ......................................................................................... 318 Economic loss in the “Potlatch” ban .............................................................................. 324 Legislated fisheries management ................................................................................... 330 Regulated to starvation by subsistence ‘allowance’ ........................................................ 339 Aboriginal commercial fisheries at the outset ................................................................ 345 More than eulachon at risk of extinction ........................................................................ 354 Conclusions ................................................................................................................... 356 Chapter 6: Conclusion: The risk of losing the enduring spiral of Aboriginal ecological-social institutions imposes opportunity costs and collateral damage in loss of resource productivity .......................................................................................................................................... 358 Reconciling the model ................................................................................................... 363 Conclusions ................................................................................................................... 364 Bibliography ..................................................................................................................... 371 Appendix 1. Items of Aboriginal manufacture traded from fur merchant vessels. ............... 423           vii  List of tables Table 1. Volume of Grease or “shrowtow” (Haida satáw) obtained and traded by merchant vessels (Source: Gibson 1992: 231-232). ........................................................................... 239 Table 2. The prices for eulachon Grease by volume indicated as found in ethnographic literature. ........................................................................................................................... 243 Table 3. Some similar language terms used by the Tlingit, Tsimshian and Kwakwaka’wakw for references to eulachon nets and the product Grease. ..................................................... 253 Table 4. Items of Aboriginal manufacture used in trade by mariner traders as found in historic and ethnographic records. ..................................................................................... 423                        viii  List of figures Figure 1. The map produced in the draft "A Conservation Area Design for the Coastal Forest and Mountains Of Southeast Alaska and British Columbia” by a consortium of the Round River Conservation Studies, The Nature Conservancy of Alaska, and Nature Conservancy of Canada (2003; permission). It coincidentally matches the region where preferred “Grease” is produced from eulachon Thaleichthys pacificus. .................................................................. 14 Figure 2. An example of the transmission of social reproduction for matrilineal Tsimshian over biological generations. The arrows depict the helical transmission from mother to daughter and from brother to sister’s son. These social reproduction transmission lines form a helical spiral through generations of time. ......................................................................... 175 Figure 3. The dendritic network adapted from Hirth (1978) to depict social organization based on lineage structures. The dendritic network also corresponds to Pacific Northwest Coast regional trade corridors or gateway communities. The dendritic network corresponds to watersheds and their tributaries...................................................................................... 210 Figure 4. Map taken from R. L. Carlson (1983: Figure 1.4) that shows the extent of obsidian artifacts found from archaeological sites far removed from their origin source locations dated from 4,000 to 6,000 years ago. .......................................................................................... 230 Figure 5. Comparison of different knowledge forms symbolically depicted as a circle for Aboriginal knowledge and square for science-based knowledge and engaging exchange of information between the two forms to deliver a relative mediated outcome. ...................... 250     ix  Acknowledgements  I would like to acknowledge my mother, Bilhaam ne’ex Loa Ryan. She will always be the pillar of my strength. Her encouragement and support has been constant without exception. Thank you, Mom.  I would like to thank my supervisor Dr. Ron Trosper for valuable guidance and insights to help me portray the structural framework necessary to tell my story. I also thank my co-supervisor Dr. Terre Satterfield for her guidance, and patience as I sorted through some challenging concepts. I also would like to express my sincere appreciation for Dr. Rashid Sumaila for his perseverance in my endeavor. I would like to also acknowledge Dr. Diane Newell for her guidance as well, and Dr. Nancy Turner. I hope you will find your influence in the passages to follow. Thank you all so much.  I would like to acknowledge my ancestors, and those of other Aboriginal people that I write about, and hope that I have captured the aspirations that could lead to better understanding and a more favorable approach to addressing the issues that have caused so much pain. x  Dedication Dedicated to my mother, Bilhaam ne’ex Loa Ryan.    1  Chapter 1: An introduction to the navigation of Aboriginal territorial dispossession and the consequences of colonial dilemmas Introduction “... no laws can be certain that are not founded on the eternal and immutable principles of right and wrong ; that false theories and false logic leads to absurdities, which being perceived, lead to endless exceptions and to numerous contradictions, and that from the whole results that very uncertainty which is so much wished to be avoided" Du Ponceau (1824: xvi).  The iconic Pacific salmon (Oncorhynchus sp.) and its relationships to Aboriginal people often epitomize the Pacific Northwest coast of North America (Drucker 1939; Harris 2001, 2008; Lichatowich 1999; Matson and Coupland 1995; Montgomery 2003; Newell, 1993; and others). The way of life for Aboriginal people in their pursuit of salmon, and other aquatic and terrestrial species, has changed in ways still incomprehensible to the Aboriginal cultural legacy that evolved in the coastal rainforest and high desert landscapes where salmon spawn. The Aboriginal people of the Pacific Northwest were vulnerable to forces acting upon them long before intrusions into their territories by European or Russian colonizers. Explorers, merchants and others were visiting guests for more than a century1.  Colonialism, above all else, devoured the Pacific Northwest through declarations made in foreign places, and elicited assistance through clergy and academe to subdue conflict. Colonialism assumed control over Aboriginal people, trade, lands, and resources. Although Aboriginal people have consistently objected to this manifestation, the conflicts remain unresolved. In the Pacific Northwest, the iconic salmon exemplifies the magnitude of conflict. Aboriginal people have consistently conveyed concerns for the treatment of and                                                1 This research is conducted from an emic perspective of the author, ‘Smhayetsk Teresa Ryan, a member of the Gitlan Tribe of the Tsimshian Nation, House of Xpe Hanaax, Ganhada clan. 2  Aboriginal access to salmon (and other resources), but contemporary resource management has evolved to exclude Aboriginal people. The actual harvesting of fish resources has continued although at an ever-decreasing rate for a variety of reasons. The exclusion has occurred from a variety of actions including direct removal, prohibition, regulation, other users increased access, and also from more subtle indirect prohibitions such as trade barriers, increasing costs, reduction in processing capacity, and market interference. Many aspects of direct removal and prohibition, along with increased access to other users, are bound in imposed regulation while some aspects are derived from other forms of legislation such as the Indian Act.  The governance of resource use has changed through time, including access to resources in traditional Aboriginal territories, and in conflict with the expectations of traditional Aboriginal use. The complexities of resource governance and myriad of user conflicts, including activities with risk of environmental impact to natural resources, have made it more difficult for Aboriginal people to articulate the profound human interdependence on healthy ecosystems. The Aboriginal resource management systems have a variety of mechanisms to govern resource uses guided by powerful incentives as articulated and demonstrated through social institutions. How these mechanisms operate is not well understood in contemporary discourse. An ecological incentives-based rationale for effective stewardship of natural resource continuity appears to elude the imposed resource management. The Aboriginal governance of resource use may provide critical mechanisms to reduce risk while also increasing certainty for Aboriginal expectations of access to resources.  The removal of Aboriginal access to resources forms the core argument of this research because removal of access has unfortunate collateral losses, particularly economic 3  stability for Aboriginal people, but also the loss of stewardship incentives to maintain or increase natural productivities. The objectives of this research are to analyze the dismantling of Aboriginal access to natural resources that intrinsically forms an element of their cultural legacy and is intimately entwined with their economic prosperity. The flourishing of Pacific Northwest Aboriginal groups may be found in the linkages of social organization to territorial authority for access to natural resources, the production of commodities for distribution, and the extent of commerce networks in addition to the longevity for their existence. If any human groups have prospered for a time period longer than a few centuries, such as found those in the Pacific Northwest, it may be useful to explore the mechanisms of stewardship and maintenance of natural resources and habitats, sustaining abundances, and the integral linkage of humans and knowledge to a unique ‘place’ ecosystem.   Salmon is one of many aquatic and terrestrial resources that are part of what comprises the Pacific Northwest Coast. A wide variety of aquatic resources occur within the region in a rich tapestry of high biological diversity used by several Aboriginal groups. At the present time the productivity of highly profiled resources (e.g., salmon, herring Clupea pallasi, sturgeon Acipenseridae, etc.) and some with less profile (e.g., eulachon, smelt Osmeridae; abalone Halliotis kamchatka; etc.) is precipitously low. The manner that resources are presently ‘managed’ does not appear to effect favorable change in productivity.  Removal of Aboriginal access to territories, lands, and resources has created perpetual conflicts at the interface of Aboriginal and Canadian relationships. At the face of specific conflict it appears as if problems should be resolved as prescribed in statutory law and regulation. The imposed laws however are points of conflict with traditional Aboriginal law. The contemporary conflicts that proceed into court for resolution exemplify how the 4  reflection of circumstance is interpreted through the lens of historic records, ethnographies, and research results. Characterizations of Pacific Northwest Aboriginal people have been documented since the 19th century (17th century in other locations) however these capture only fragmentary moments of people under enormous pressures altering the trajectory of their cosmology onto an unforeseen plane with chaotic dimensions. For Aboriginal people, these past records may not accurately reflect their particular views.   Historic records of explorers and merchants document encounters with Aboriginal people and are described in journals, diaries, and reports to a variety of remote offices. Some of the documents describe certain attributes, report situations, and observations of Aboriginal people interpreted with appurtenances and values of the author’s own society. Missionaries and clergy also recorded periodic or daily journal entries and some rigorously provided reports back to “Old World” offices or responding to colonial queries. Clearly there would have been situations indecipherable to a culturally-untrained eye, and if the right questions were not asked, the appropriate context may have been missed. Some situations were horrific but these instances are tame in comparison to antagonist colonial/settler annihilations of entire villages.  The ethnology of the region consists of the earliest records in a fledging field of the study of man. As the philosophic debates of the medieval period were cooling questions started arising about the development of the human condition and society. In their view there was no better place to start looking for answers on the origins of societies, cultures and ‘civilized’ man than observing Aboriginal people in the ‘new world’ colonies. It may not be clear, in contemporary discourse, how those philosophic views seeped into colonial discourse influencing the conduct of affairs with Aboriginal people. 5  Early records from historians, anthropologists, ethnographers, and other scholars paid little attention to the social cohesion within the groups and the relationship of people to their lands and resources. The divergence of theoretical arguments during the mid to late 19th century between social evolution and cultural anthropology influenced how scholars pursued investigations. Most reported on observations of physical characteristics, language, artistic expression, food items, religious beliefs, marriage and warfare. Some attempted characterization of hereditary processes but their template was based on biological lineage of parent to offspring, the transmission system from their familiarity. Social reproduction mechanisms are only recently being explored in more depth. It is these mechanisms that define identity (cf. Nielsen 2001), cultural continuity (cf. Roth 2008), and authority to territorial areas and resources.   The Aboriginal production of surplus products from these iconic natural resources is also absent from the historic characterizations of the Pacific Northwest. The high natural productivity of resources such as salmon is well known but Aboriginal relationships to productivity have been considered in terms of subsistence consumption instead of surplus production. Some scholarly descriptions of economy are fleeting fragments of social exchange and often construed in cycles of generalized reciprocity (Godlier 1999; Levi-Strauss 1966; Mauss 1990; Trosper 2009). The Aboriginal people of the Pacific Northwest consider wealth and prestige as measured on an ability to demonstrate key criterion of successful resource management as articulated through their social institutions. Wealth by any metric is generated from some origin of nothing. The social organization found in the Pacific Northwest ethnographic region is an accommodation to a distribution of wealth but not the distribution itself. Successful demonstrations of hierarchal positioning provide 6  continuity to the power of lineages to control production and trade. More powerful than control is the highly esteemed prestige, the highest reward for which chattel wealth could be sacrificed to obtain. The chattels come from a variety of sources, any of which are manufactured, purchased, acquired, or in receipt of obligation. Those lineages that control territorial areas for access to natural resource production have the greatest advantage to obtain surplus chattels, and the highest level of incentives to retain control of those areas. The Aboriginal economy consists of extensive commerce and distribution of the production surplus from natural resources products. The successful production inevitably led to population expansion and subsequently the need for continued order of human societies in the Pacific Northwest. How wealth is generated and how it flows through the Aboriginal economy is a vital key to understanding social organization. Social institutions are intimately entwined with territorial access to resources and surplus production. The continuity of social reproduction maintains lineage participants in the social institutions that orchestrate the power of law.   The longevity of these social institutions for more than ten thousand years indicates surplus production is the driving factor for economic resilience in the Pacific Northwest. One product known as “Grease” is regarded with higher commodity and cultural value than any other within this region. Grease is obtained from eulachon Thaleichthys pacificus. The small smelt-like fish is used to produce a variety of products throughout its range however only in the North-central coast of its range is it used to produce Grease along with other fresh, smoked and dried products. Grease is a product of rendering the oil from the little fish deriving its Latin name “oily fish of the Pacific” for that quality. It is also used as a candle with a strip of cedar inserted throughout its length and transforming the fish into a candle. 7  The use of eulachon provides a mechanism to demonstrate how social organization resonates throughout Aboriginal resource management in relation to wealth generation. Eulachon has been treated differently in contemporary resource management and does not have the same magnitude of issues found in high profile conflicts such as salmon or other fisheries management. Eulachon do suffer from severely reduced abundances nearly throughout its range (Moody 2008) from Northern California to the Aleutian Islands encompassing the entire Northwest coast. Grease is not made from the historically larger river systems that host the largest populations, Columbia, Fraser, and Skeena Rivers, although eulachon from some tributaries to the Skeena River are used to produce Grease. The eulachon are not used for Grease either north of the Unuk River (AK) or south of Knight Inlet (Klinaklini and Franklin Rivers, BC).  The geographic range of Grease production identically matches the region that has been observed to contain unique social complexity within the anthropologically categorized Northwest coast complex (Ames 1994; Kroeber 1939: Maschner 1991). The Aboriginal groups in this region may not have referred to their social organization and institutions as “complex” as Hawthorn notes, “…the culture area is something artificially created by the anthropologist” (Hawthorn 1965: xv). The environment of this region is recognized as one of high biological diversity, and as Maschner notes, “…the northern Northwest Coast environment may have been one of the richest landscapes ever encountered” (Maschner 1991: 926). The complexity of this area’s Aboriginal societies and their relationships of Aboriginal territory occupation and resource management are intertwined in an elaborate procession of lineage expressed and validated through the feast or “potlatch” system (Barnett 1938; Boas 1897; Mardsen 2007; Piddocke 1960, 1965; Roth 2008; Trosper 2009). Ames 8  (1994) suggests, “The relationships among households, production, regional interaction, and elite formation are more complex than previously thought” (Ames 1994: 211). Although anthropology has endeavored to understand these relationships, the premise for studying the constituent components (e.g., unit of production, production, regional interaction, and status, etc.) is flawed.   A complex social environment and a complex natural environment that are intertwined form a collective system of interaction with humans as part of the natural world. The tendency for anthropology, and other discourse, to separate humans from environments has brought forth untold mischief in understanding systems complexity. The challenge is not insurmountable however if the ‘baggage’ of social complexity is ‘unpacked’ to explore new perspectives.  The changes to territorial authority that have resulted are from some actions with direct intention and some with incremental steps to remove Aboriginal ownership in resource extraction, influenced by colonial aspirations at the earliest stages including the interpretation of ethnographic and historic records. By the time Hudson’s Bay Company was granted license for the colonies of Vancouver’s Island and New Caledonia, a litany of Indian2 policies had already been derived from the other side of the “frontier line” as colonization advanced westward. A new perspective on Northwest coast Aboriginal cultures and their use of resources is presented by examining the economic and cultural significance of eulachon. It may                                                2 The terms used to refer to people of various cultural groups may be one of the greatest manipulations of any language lexicon, semantic or morphemic attempt to refer to what the original inhabitants of any land call themselves in their languages, people. The literature used in this research has the usual variety of forms – Aboriginal, Indian, or Native – and are used interchangeably due to the material sources. The names that original groups use themselves are also used and these too have evolved through time in translation to more correct appellation. See Charles C. Mann (2005) Appendix A, Loaded Words. 9  demonstrate how Pacific Northwest Aboriginal people rely upon the wealth of territorial areas and natural resource production, how resources were managed through social reproduction, and how wealth was accumulated creating prosperous communities and healthy Aboriginal populations. Several anthropology scholars have described attributes of the Pacific Northwest Coast complex3. Many more scholars have studied individual groups or areas within the Northwest Coast Complex. Some have attempted to explore exchange systems although limited in extent. Few, if any, have elucidated the connective characteristics of social reproduction with the management of territorial areas and access to resources used for production of surplus products distributed throughout the Pacific Northwest economy. Model selection process Selection of an appropriate framework for this research has been a challenge due to the two conflicting domains that have collided over a period of more than a century, the Aboriginal domain and colonialism, in a nutshell. Aboriginal resource management issues are complex and conflicts with state management (or other resource users) are often difficult to resolve. In addition, the two domains are antagonistic against one another with the Aboriginal domain neatly combining social institutions as an integral component for regulation of resource use compared to the colonial domain that developed multiple facets of regulatory frameworks to justify acquisition to the same resources. The dialectal viewpoint is nuanced by interpretations of the sciences of anthropology and economics, and the discipline                                                3 Boas 1888a, 1889, 1890, 1891; 1916; Carlson, C. 1979; Carlson, R. 1979, 1983; Donald 2003; Drucker 1939, 1955, 1965; Emmons 1914; Hale 1846; Isaac 1988; Kroeber 1939; MacDonald and Inglis 1976; Matson 1992; Matson and Coupland 1995; Mitchell and Donald 1988; Ravenhill 1938; and Swanton and Dixon 1914. 10  of law as they have engaged a navigation of the unique Aboriginal cultural legacy of the Pacific Northwest Coast.  The first proposed method approach for this research project was to evaluate the eulachon resource through a biological assessment that constrained consideration of regulatory authority, particularly from the perspective of the Aboriginal domain. A second proposed approach was to conduct an economic analysis using “classical” production metrics but other science elements seemed to be excluded. One more approach considered was comparison between Aboriginal legal traditions and Canadian common law but others have already made progress there  (Borrows 2002; Daly 2005; Harris, D. 2001, 2008; Kyle 1996; Newell 1993; Sterritt, Marsden, Galois, Grant and Overstall 1998). The eventual choice for a model had to consider social institutions and their linkage to natural resource use. Folke, Pritchard, Berkes, Colding and Svedin (2007) describe the problem of “fit” between ecosystems and social institutions for the challenges of sustainable development. Folke et al (2007) suggest ecological, economic and socio-cultural issues have to be addressed in all three dimensions and the way in which these dimensions interplay and depend upon each other. Their approach sought “to endogenize the role of social institutions in large-scale biophysical systems, by looking at human systems as subsystems of the ecosphere" (Folke et al 2007:31). Their original 1997 paper posed several questions that are in essence similar to this research. For example they asked, "How does the scale (temporal, spatial, functional) of an institution relate to ecosystem being managed, and does it affect the effectiveness and robustness of the institution?” (Folke et al 2007:31). They contend that “few have analyzed the interactions between social systems and key structuring processes in ecosystems” (Folke et al 2007:31). Much of their focus is towards changing contemporary resource management 11  to engender the connection of humans within natural systems. They note "in ecological systems, time matters" (Folke et al 2007:33). They also note, "The life-spans and life histories of economically important plants and animals set the rhythms for many institutions designed to regulate the harvest and use the biotic resources" (Folke et al 2007:33). The challenges of restoring degraded ecosystems to attributes of functional resiliency at minimum, and coordinate mechanisms of resource use that are more responsive to dynamic conditions, are summarized by Folke et al (2007: 55) in the context of research challenges for the problem of fit between ecosystems and institutions. The concept of “fit” emerged from an increasing awareness of the interplay between ecologic, economic, and socio-cultural dimensions of challenges to sustainable development (Folke et al 2007: 30). The interplay to these dimensions is complex, and human agency may be the only common attribute to link all three. Folke et al suggest, “Needed are institutions that are in tune with the functions of ecosystems and the natural resources and ecological services that they generate at multiple scales. ... A major challenge concerning the problem of fit is to build institutions that monitor ecosystem change and that generate, accumulate, and transfer ecological knowledge and understanding. A new concept of management must provide for actions that nurture rather than constrain variability, and that allow disturbance to enter at scales that do not disrupt ecosystem performance and resilience” (emphasis added; Folke et al 2007: 55). The ancient concepts of Aboriginal management may demonstrate these types of actions that nurture variability and are responsive to disturbances by the actions of the human actors as part of the system. A separation of humans from ecosystems is antithetical to the Aboriginal legacy but these linkages and the fit of their connectivity is obscured by several complications.  12  One way to consider the fit between ecological systems and social institutions is to view the spatial scale of the landscape and locate attributes of the social institutions upon it, physically or metaphorically. The social institutions may prescribe use that has diagrammatic features to match the attributes of ecosystems in the land- or seascape. The social institutions may have shape constructively similar to the ecosystem. An example of clarifying a property right provides some questions to frame the institutional fit (Folke et al 2007: 56). What is the rubric for the performance of the ecosystem-social institution fit to demonstrate sustainability? The question assumes two things, first, the ecosystem is delineated or known, and second, social institutions are present with some relative association. To measure the ‘fit’ also assumes it has some shape or feature that can be measured or observed. A different view of how Aboriginal social institutions are structured and their function may help to unravel the complexity of fit.  The longevity of Pacific Northwest cultural continuity over 10,000 years in the same place must be a strong indication of sustainability and resiliency. The Pacific Northwest coastal-forest ecosystems have been delineated in reference to biogeoclimatic zones (Round River Conservation Studies, The Nature Conservancy of Canada and The Nature Conservancy – Alaska 2003). A map produced as part of a project to identify conservation targets for terrestrial ecology is included below, as Figure 1. Map 2 in their project identically covers the region of eulachon Grease production. The cultural groups may expand beyond the region depicted in the map but the purpose of using this map frames the context of a known ecological system. The preferred production of Grease does match the ecologically defined region. The question is- does the ecological region of use for eulachon Thaleichthys pacificus for the purposes of making Grease find congruence with social institutions?  13  The North-central Pacific Northwest coast is characterized by steep coastal mountains incised by deep fjords, estuarine inlets, river deltas and insular islands. The amount of lowlands space is much less in the north compared to the south. The flanks of Stikine, Skeena and Bella Coola Rivers are more severely constricted by steep topography than the Fraser and Columbia Rivers in their lower reaches. The amount of space accessible for comfortable living conditions is more limited in the more northerly region.  The Aboriginal institutions that persisted for 10,000 years experienced colonial interruption to their social continuity before ecological crises fully manifested. The period of time from the introduction of what would inevitably manifest in unforeseen changes up to the present situation of highly profiled ecological crises contains an array of historical actions. A combination of multiple trajectories for these changes is manifested through a litany of discourse. The contextual depth of these trajectories requires immersion into many fields to portray what may be considered a more comprehensive depiction of the Aboriginal domain. For this reason, the volume of information is enormous to explicate the historical actions and associated nuances that have dispossessed Aboriginal groups of their territories and resources resulting in the removal of the ecological-social institutions fit.    14   Figure 1. The map produced in the draft "A Conservation Area Design for the Coastal Forest and Mountains Of Southeast Alaska and British Columbia” by a consortium of the Round River Conservation Studies, The Nature Conservancy of Alaska, and Nature Conservancy of Canada (2003; permission). It coincidentally matches the region where preferred “Grease” is produced from eulachon Thaleichthys pacificus.  15  Literature review The colonial frontier culminated with the arrival of the Hudson’s Bay Company and their establishing 22 forts in the Pacific Northwest punctuating an ancient landscape. Several authors have written about the period known as history – the time considered after contact, and the interactions with Aboriginal populations. The purposes for the colonial frontier to advance out of the reformation and revolution of Europe were mostly for the pursuit of lands, trade and profit (Bancroft 1886, 1887; Bolt 1999; Davenport 1917; Galois (Colnett) 2003; Johnston 1912; Stagg 1981; and Todd 1880). It may be impossible to trace a specific line of ‘cause’ by not having the ability to retrospectively review all players that comprised the entirety of transformations. The purpose for exploring history is to identify key events effused with the theoretical, sometimes philosophical, constructs of colonization as it crept across the North American continent. Records of the colonial period include administration, missionary endeavor, scientific journals, and government reports with emphasis for retrieving statistics: Parliamentary Select Committee (1837), McDonell Dawson (1881), Van Zandt (1966), United States Senate (1840), the Church Missionary Intelligencer (1856, 1858), International Boundary Commission (1906), James White (1915), Proceedings and Transactions of the Royal Society of Canada in 1889 (1890), Department of Marine and Fisheries (1893), and Dominion British Columbia Fisheries Commission ( Prince 1908). Sources from historians that have reviewed some effects of contact include Moeller (1966), Oliver (2007), C. Harris (1997-98), D. Harris (2001, 2008), Newell (1993), and Fisher (1976). Other sources of history are also derived from other fields such as anthropology, economics, law, and resource management (see below).   16  The lucrative fur trade between the Pacific Northwest Coast and various merchants occurred for over a century. Aboriginal groups maintained their territorial jurisdictions during that time and until colonial states extended pretensions regarding boundaries. The Aboriginal lands were subsumed in these pretensions and thrust both cultural and economic domains into conflict. These conflicts emerged with an intensity that is still pervasive across the continent and within the relationships that have evolved. The growth of the new republic, common wealth, and nation state societies is taught in public schools as history but without the experiences from an Aboriginal perspective. As Chief Philip Joe (1993: 5) recalled the first encounter for the Squamish with George Vancouver, “…our mutual histories since 1792 have been inexorably entwined, although recalled from different perspectives.” The interest in history for this research is focused on the perceptions of Aboriginal people by the colonial states and how these perceptions evolved. The colonial perceptions were based in philosophical views that were entrenched in the European mindset born from the medieval struggles (Galois 2003). The treaties between the European powers in the 17th and 18th centuries chronicled by Davenport (1917) depict the magnitude of conflict among themselves in the assertion of theologian power. These treaties however did not arrest the conflicts among them, and as expeditions were declared and mariners sent out in pursuit of exploration, the conflicts were carried abroad. Several wars have been waged over pretentions of land occupancy. Remnants of these episodes may be found in the declarations of national languages that now in North America are English, French, and Spanish. The conduct of war between the powers of monarchs is not material to this research but rather the effect of their subjects in pursuit of those pretensions.  17  The pursuit of lands and trade in the new colonies held promise for expressions of those freedoms from oppression of monarchial rule. Loyalists staged an orderly progression of advance tempered by the seemingly mollified Treaty arrangements between the colonizing powers and possibly unaware of dissident factions (Stagg 1981). It almost appears as though these dissident ‘subjects’ may have wavered between loyalty and separation depending on their need to rely on power of force for an immediate purpose. Stagg (1981) describes a chronology of events from eastern North America that depict how the colonial state of affairs was driven by the pursuit of securing advantage to trade, lands, and mobilizing Indians for the war between colonial powers, or establishing colonial populations to justify occupation. Although at first only a few hardy entrepreneurs grasped the opportunities, and monopolized their control through trade boards and correspondence to the colonial state to secure their interest, they were enough in number to attempt an interminable denial to the inhabitants of these new frontiers of their legitimate ownership (Stagg 1981). The effects of these encounters on the original inhabitants are chronicled in the reports of Indian Agents, missionaries, and colonial administrators such as Langevin (1868), Macdonald (1886), Morton (1973), Parker (1870a, 1870b), Ross (1870), Spragge (1865), the Church Missionary Intelligencer (1856, 1858, 1871) and the Colonial Intelligencer or Aborigines Friend (1850-51). Some concerns for the welfare of Aboriginal people were expressed by a few English Parliamentarians and a Committee was established, first to consider specific issues, and then changed based on its progression. Some of these committee members formed the Aborigines Protection Society, and subsequently members from this iteration led the way into scientific inquiry through the British Association for the Advancement of Science (BAAS). The British government offices appear to have relied upon 18  the consolidation of knowledge through the BAAS, including the participation of some members of Parliament. Several authors have added to the historicity of the Pacific Northwest and specifically in relation to Aboriginal and colonial relations: Bracken (1997); Fisher (1976, 1992); Knight (1996); McLaren, Buck, and Wright (eds., 2005); Moeller (1966); Newell (1993); Nielsen (2001); Oliver (2007), and others mentioned in other sections below.  The field of inquiry regarding the study of ‘man’ advanced among scholars of the middle 19th century through a section of “ethnology” in the BAAS. It was not a new field of inquiry but the questions were becoming more refined, and an opportunity to expand pursuit of the greatest questions ever posed regarding humanity – the origins of civilization, the origins of culture, and how societies develop – could be explored in more concentrated effort. The Report for the First and Second Meetings of the BAAS provides an essay by Prichard (1833) on the progress of ethnography by reviewing studies starting in 1555 of the history of mankind based on philological and physiological methods. Between the years 1838 and 1842 a U.S. Exploring Expedition included the philologist Horatio Hale (Hale 1846) and includes characterizations of tribes in the Pacific Northwest region.  The Anthropological Institute developed Notes and Queries on Anthropology (N&Q) and submitted it to the BAAS (Garson and Read 1899) for the purpose of providing to travelers a standardized format for recording certain features, characters and traits of Aboriginal people encountered throughout the world. Some scholars were reporting their investigation results through the BAAS ethnology section and interest in the field was rapidly expanding. The need for understanding Aboriginal people was also rapidly expanding as colonial encounters were increasing. The authors that provide insight to the character of this 19  field of inquiry and its expansion, particularly for North America are: Aborigines Protection Society (1850-51), BAAS (1885); Burrow (1963), Boas (1924), Garson and Read (1899), Goldman (1959), Lane-Fox and Pitt-Rivers (1899), and D. Wilson (1862).  As the colonial frontier advanced across North America local agents solicited the assistance of missionary societies to record and document characteristics and traits of the Aboriginal people. The N&Q offered a standardized template for compiling information particularly for people that were trained in vocations other than sciences (Garson and Read 1899). The Pacific Northwest coast Aboriginal people offered anthropologists an opportunity to engage study of populations perceived as the least affected by colonialism. The BAAS held a meeting in Montréal in1884 and launched a Committee for the purposes of investigating North-western Tribes of the Dominion of Canada (BAAS 1885). The appointed committee provided a succession of 12 reports of their inquiries (BAAS 1885 to 1898).  The interest of Dr. Franz Boas had already been drawn to the Aboriginal cultures of the Pacific Northwest, and the BAAS Committee found a worthy match by obtaining his services to pursue the investigations listed in their “Circular of Inquiry.” The Government of Canada provided support for these investigations (BAAS 1889). The contributions of the work of Boas to anthropology are monumental (BAAS 1889, 1890, 1891, 1895, 1896, 1898; Boas 1887, 1888a, 1888b, 1890, 1891, 1894, 1895, 1900, 1920, 1924, 1932, 1938, etc.). Boas continued to pursue questions resulting from his Northwest coast work by joining the Jesup North Expedition to circumnavigate the northern Pacific Ocean. The resulting records of his work continue to provide subject matter for research in anthropology and influence scholars in a variety of disciplines. These archival records also have value for the Aboriginal people Boas studied although some interpretation 20  has been and continues to be contested. The ethnographic period during the late 1800s to early 1900s is often referred to as “salvage ethnography” for the corpus of materials drawn from a time of intense social change on cultures perceived as diminishing. The appearance of ethnographers in coastal towns for the purpose of recording physical/cultural attributes may have itself been perplexing against the simultaneous mechanistic prohibitions instituted by missionaries, Indian agents, and colonial administrators.  Other anthropologists were also engaged in early study of the Pacific Northwest (Dawson 1886, 1888; Drucker 1939, 1955; Gunther 1956; Hale 1890; H. F. Hunt 1918; Barnett 1938; MacLeod 1925; Sapir 1915, 1916, 1924; Daniel Wilson 1862). The emerging methodology was influenced by scholars studying aspects of cultural attributes in other regions of the world (Benedict 1934, Cushing 1882; Malinowski 1932; Mead 1934; Morice 1892; Powell 1877, 1887; Sapir 1916, 1924). Related fields of inquiry also contributed to the diaspora of the anthropological pursuits, notably sociology or social elements (Killian 1959; Lévi-Srauss 1966; Merton 1937; McIsaac and Brün 1999; Spencer 1872; Sapir 1924; Service 1975; Whiteley 1966). Anthropologists that have contributed to the literature on the Pacific Northwest coast region as a collective include Boxberger (1990), Duff (1997), Kehoe (1992), Miller (1989), Moss (1992), Hunt (1918), Ravenhill (1938), Suttles (1951, 1960), Suttles and Ames (1997), Donald (2003), Boas (1891, 1898), Ames (1981, 1991, 1994, 1995, 1998), and Ackerman, Hamilton and Stuckenrath (1979).  The anthropological interest in the cultures of the Pacific Northwest region again accelerated during the mid 1900s. Academic study of “pre-history” engaged the works of past anthropologists and archaeologists in hermeneutic pursuit of describing definite characterizations of dispersion, diffusion, and delineation of traits within and between 21  Aboriginal groups. Some of these scholars have been mentioned above and additional scholars with focus on the Pacific Northwest Coast are Ackerman et al (1979), Ames (1981, 1991, 1994, 1995), Barnett (1938), Codere (1956, 1957), Drucker (1939, 1955), Duff (1964), Homer (1938), Nash (1983), Rubel and Rosman (1983), and Suttles (1960). The Pacific Northwest presented “exceptions” to the development of social anthropological theory in regard to the progression of “primitive” society, particularly in relation to structural elements of cultural society, but also in habits, practices and behaviors. The BAAS committee (1884-1890) convened to investigate Northwest tribes would facilitate change in the theoretical constructions of anthropology. Social and cultural organization has caught the attention of many scholars mentioned above with some exploring social complexity in more detail. These scholars include Ames (1981, 1994, 1995), Arnold (1992), Boon and Schneider (1974), Coupland (1985), Cumming and Collier (2005), Donald (1985), Drucker (1939, 1955, 1965), Ferguson (1992), Fitzhugh (2003), Fried (1967), Garfield (1951), Lee (1992), Marlowe (2005),  Martindale (2003), Maschner (1991), Matson (1985), Mitchell (1985), Murdoch (1965), Nash (1983), Sapir (1915), Wallace and Atkins (1960), Roth (2001), Rubel and Rossman (1983), Ruby and Brown (1993), Ruyle (1973), and Sahlins (2009).       Some of the questions arising in anthropology related to interpretations of pre-historic cultures or societies were thought to be answered through archaeology investigation. The Pacific Northwest region proved to have several challenges to early archaeological study including climate conditions, topography, geology, and site locations. Harlan Smith, as part of the Jesup North Pacific Expedition conducted a reconnaissance of the Pacific Northwest looking for specific archaeological features (Smith 1899). The contributions of Smith (1899, 22  1900, 1924, 1925, and 1927) provide another perspective on the Pacific Northwest and some early consideration on degrees of cultural similarity in the region. The authors of archaeology investigation of the Pacific Northwest for this research include MacDonald and Inglis (1976), C. Carlson (1979), R. Carlson (1979) and Matson and Coupland (1995) for the regional context of their work.  Pacific Northwest ethnographies for specific Aboriginal groups are attributed to many of the scholars mentioned above with some additions to the literature collection and grouped by the following associations: Tlingit, Tsimshian, Haida, Kwak’wakawakw, Heiltsuk, and Nuxalk. The practices and customs of feasting (also referred to as “potlatch”) among these groups has been approached by some of the scholars above but in more detail by the following: Barbeau (1950), Barnett (1938), Boas (1889, 1916, 1924), Codere (1956), G. M. Dawson (1887, 1888), Emmons (1914), Fleischer (1981), Godlier (1999), Grummet (1975), Masco (1995), Mauss (1990), Morgan (1989), Piddocke (1959, 1965), Sahlins (1963, 1972) and Thom (2004). Anthropologists have documented activities and lifestyles that include eulachon (Barbeau, no date; Kuhnlein, Chan, Thompson, and Nakai 1982). Stacey (1995) compiles the ethnography records for eulachon and historic fisheries statistics for BC. Some ethnographic records contain mention of the eulachon for its use as a food source. Some articles describe use of eulachon by specific groups of people (Boas 1909; Birchwater 1993; Brown 1868; Drake and Wilson 1991; Lopatin 1945; Mills 1982). In 1881, 5,000 Tsimshians converged on the (lower) Nass to fish for eulachon (Hart and McHugh 1944).   The selection of anthropological materials for this research is premised on locating the constructs of perceptions regarding Aboriginal people, development of relative 23  theoretical conceptions, and how those theories or conceptions are transmitted through intellectual discourse. Attention is drawn to the use of some contested terminology, such as “hunter-gatherer,” “subsistence,” or “forager,” used to treat Aboriginal people and how those terms may constitute additional oppressive mechanisms in states with colonial origin. The anthropologists themselves have awareness of this dilemma in their field as is found in anthropological publications both from investigative research, from conference proceedings and the evolution of anthropology professional associations’ objectives. Since these issues are continuing, choosing an endpoint was necessary to frame the analysis of contested terminology from an Aboriginal perspective. The context of ‘contested’ refers to the way in which key terminology has been used to reduce understanding of Aboriginal people (i.e., forager, hunter-gatherer), their social organization (i.e., egalitarian, hierarchal), and relationships to economy (i.e., subsistence). Some anthropology conferences have been titled with some of these contested terms and some have resulted in publications that demonstrate the arguments of contested conceptual constructs in anthropology, specifically “Man the Hunter” (Lee and Devore 1966), “Hunter-gatherer” (Leacock and Lee 1982, conference 1978) and Conference(s) on Hunter-gatherer Studies. Some scholars have published articles specifically regarding these philosophical and conceptual dilemmas (Bashkow 2004; Bunzl 2004; Ferguson 1992; Foley 1988: Ingold 1988; Lee 1988, 1992; Maud 2000; Morrison and Wilson1986; Murdock 1965; Myers 1988; Pálsson 1988; Poncelet 2002; Roth 2001; Solway and Lee 1990). The ambiguity of conceptions and theoretical constructs resulting in some terminology has consequences for Aboriginal relationships with the manner that government and society treats them (Kew 1993-94). 24  The economy of the Pacific Northwest Aboriginal groups has been depicted collectively and in general from a historic progression of the sciences (i.e., anthropology, sociology, economy) in ethnographies. Some of the scholars mentioned above have described observations of economic characteristics both in historic and pre-historic patterns. One of the specialized fields of inquiry that has evolved in anthropology is Economic Anthropology and is summarized by LeClair and Schneider (1968) in their Preface of Economic Anthropology: Readings in Theory and Analysis. The term ‘economy’ is a potentially loaded word due to the evolutionary use of its intended context. The divisions in economic theory were suggested by Clark (1899) to follow natural (equilibria) juxtapositions between production, distribution, and exchange based on sociological evolution. The theories from some political economists such as Smith, Marx, (and others) and to some extent Locke, were shaped into an orthodox of capitalism that did not seem to align with perceptions of Aboriginal economy (Godlier 1977). Gregory (1982) challenges the orthodoxy using an analytical framework to examine the ‘gift economy’ of Papua New Guinea. The concept of ‘the gift’ is also examined in detail chronologically by Lévi-Strauss (1966), Mauss (1990) and Godlier (1999). The type of commodities being exchanged, quantities, and sources is described by Carlson (1994), Croes (1992), Croes and Hackenberger (1988), Huelsbeck (1988), and others mentioned above for prehistoric British Columbia.  Some scholars describe the economic changes after contact (many are captured in the sections above for history and anthropology). An attempt was made by Suttles (1951) to unravel the introduction and diffusion of the potato use among the Coast Salish. An anthropological approach to Aboriginal economy is often approached by delineating some unit of production and more often than not, typified by a nuclear family household 25  consumption unit. A comparison is made, for instance by J. F. Martin (1973) of members in a Havasupai community who control consumption units have incentives for organizing labor versus those members without control of consumption units. Clarity is needed to distinguish production from consumption to better understand the mechanisms and magnitude of economic functions. It appears that anthropology has rather consistently conveyed economy in terms of minimal consumption (i.e., subsistence) and often focus on one main ‘subsistence’ item. The economic returns of Queets coastal fishing activity by household unit is explored by Barsh (1982). Ames (1994) notes, “Documenting the history of salmon’s non-subsistence roles is a major cultural-historical problem. The focus on salmon production has tended to inhibit consideration of other elements of the mode of production in the coast’s social and economic history” (Ames 1991: 211).    Archaeology investigations have revealed possibilities of exploring new analytical methods to reconsider prior conceptions of economic functions, particularly in regard to trade. A more detailed approach is presented through Pacific Northwest archaeology investigations by Isaac (1988), Croes (1992), Coupland, Coutlon and Case (2003), and Earle (1994). Specific case studies of investigating Pacific Northwest exchange systems through archaeological research are conducted by R. Carlson (1994), and Croes and Hackenberger (1988), and Croes (1992). Huelsbeck (1988) presents an analysis for surplus commodities that exceed subsistence quantities.   Contemporary law is another evolving discipline of human societies that require predictable order. Human societies have shaped their unique constructs and ethical regimes, which constitute their moral imperative (Beardsley 1936). What is ethically and morally just in one society may be similar to another society however their ontological origins m