Commercial fish harvester associations in Southwestern Nova Scotia are calling out the federal Department of Fisheries and Oceans (DFO) for “a flagrant breach of faith” when it comes to First Nations’ moderate livelihood fishing understandings.
“It is time for DFO to be transparent on regulation of treaty rights. As leaders in the fishing community, we also know that a resolution to these issues can only be found when all stakeholders have a seat at the table and there is transparency in all negotiations. Once again DFO has failed the entire fishing community, this is a bad deal for our members and a bad one for Indigenous people who want to exercise their rights,” said the Bay of Fundy Fishermen’s Association, Coldwater Lobster Association, Brazil Rock 33/34 Lobster Association and the Scotia Fundy Inshore Fishermen’s Association in a joint statement issued on Nov. 29, 2023.
“In October 2021, DFO announced that an interim understanding had been reached with four First Nations in the Kespukwitk region to fish in pursuit of a moderate livelihood. Prior to the public announcement of the understanding, industry leaders across the region were approached by senior DFO staff and asked to publicly support the new fishery. In a show of good faith and in the spirit of reconciliation, harvester groups across the region voiced strong support for moderate livelihood fishing. Since that time the terms of the agreement supported by the fishing community have been abandoned. DFO has failed to uphold the understanding and deceived fishing communities in a flagrant breach of faith with harvester organizations.”
“The broad acceptance by the fishing industry was based on agreement that moderate livelihood fishing would be solely for Indigenous harvesters, follow conservation measures similar to the wider commercial fishery and have access proportional to First Nations need. It represented a clear departure from the outrageous leasing of rights-based access, provided to Indigenous people in the Marshall Response initiative by some First Nations governments. Recently industry has learned that respect for this fundamental principle, obviously required for entry of rights holders into fisheries and other aspects of the original understanding, has once again been abandoned by DFO and that the Department secretly increased access to the fishery significantly with no justification.”
The associations went on to say that “The Government of Canada has a duty to deal honourably and in good faith with the fishing industry and they have failed in that duty. Commercial fishery leaders and associations in Southwestern Nova Scotia respect and support First Nations treaty rights and for decades we have all earned a living from the sea together. The recent turmoil in our industry and communities is a direct result of this government’s failed fisheries policy.”
The statement from the fish harvester organizations came nine days after DFO announced that for a third consecutive year, moderate livelihood fishing interim authorizations has been issued to Wasoqopa’q (Acadia), Annapolis Valley, Bear River and Glooscap First Nations that allow First Nations community members to fish and sell their catch in pursuit of a moderate livelihood during the commercial seasons in lobster fishing areas (LFAs) 33, 34 and 35.
“Consistent with last year, the overall number of traps currently being authorized is 5,250, which will be fished in a distributed manner across LFAs 33, 34 and 35, with a limit of 1,000 traps in LFA 35. Fishing access reflected is being offset by existing banked licences and traps in these areas that are unfished,” stated DFO.
The Nov. 22, 2023 DFO media release was followed by a Nov. 24, 2023 media release from the Nova Scotia Assembly of Mi’kmaw Chiefs saying the recent release by DFO “contradicts their earlier support of increased participation levels in-season and adequate trap allocation. DFO had been informed that the number of traps allocated to the district by DFO in previous years was not adequate. Despite the increased number of Mi’kmaw Treaty harvesters this year, DFO has chosen to maintain the same number of traps as in previous years.”
The Assembly of Mi’kmaw Chiefs said according to the Kespukwitk Treaty Right Protected (TRP) Species-specific Lobster Plan, shared on Oct. 12, 2023, each authorized harvester is permitted to use 100 traps.
“With 75 harvesters, that would involve 7,500 traps. While DFO has agreed to support an individual allocation of 100 traps, the limit imposed by DFO of a total of a total of 5,250 goes against the Kespukwitk interim plan.”
“At this time, all four Kespukwitk First Nations will distribute 100 tags to each Mi’kmaw harvester registered to fish under the TRP plan and with registered vessels. The responsibility now lies with DFO to secure adequate access and accommodate the Rights of Mi’kmaw harvesters.”
Lauren Sankey, Communications Advisor for Fisheries and Oceans Canada, said as a result of continued discussions with the Kwilmu’kw Maw-klusuaqn Negotiation Office on the 2023-24 fishing plan, the interim authorization for the four First Nations was amended on Dec. 1, 2023.
“This amendment supports the increased number of harvesters by authorizing a total of 6,300 traps (amended from a total 5,250 traps and maintaining the 1,000-trap limit in LFA 35) and is proportional to the number of harvesters designated by the communities,” she said.
“Consistent with previous DFO-issued moderate livelihood fishing authorizations, both the Minister and the Department remain committed to no new fishing effort. In these LFAs, this additional access was provided without increasing overall fishing effort, and is being offset by existing banked licences and traps in these areas that are unfished. Designated harvesters are expected to abide by conservation measures consistent with or exceeding those in the commercial lobster fishery,” said Sankey.
“Through the interim authorization issued by DFO to Annapolis Valley, Bear River, Glooscap and Wasoqopa’q (Acadia) First Nations, the communities designate Indigenous harvesters from among their members to fish in pursuit of a moderate livelihood during the commercial season. As managed by the First Nations, this fishing takes place from vessels operated by these designated harvesters fishing their individually-allocated moderate livelihood traps. This approach supports both the implementation of rights, and the shared goal of increasing Indigenous participation in commercial fisheries,” said Sankey.
“Fishing both DFO-authorized moderate livelihood traps and communal commercial traps from the same vessel is in no way supported as part of the moderate livelihood understanding formed by the community-developed moderate livelihood fishing plans and a DFO-issued authorization.”
Sankey said DFO is looking forward to continuing to work with Indigenous communities in 2024 to further implement their right to fish in pursuit of a moderate livelihood.
Kespukwitk is one of the seven Mi’kmaw districts in Atlantic Canada and Québec and corresponds to Southwest Nova Scotia.
