© Provided by The Canadian Press
HALIFAX — An Indigenous-run lobster fishery off the coast of southwestern Nova Scotia isn't the big environmental threat that it's being made out to be, according to a fisheries expert.
The contentious fishery started by the Sipekne'katik First Nation in St. Marys Bay isn't likely to make a dent in the stocks of the crustacean in the area, Megan Bailey, professor at Dalhousie University's Marine Affairs program, said in a recent interview.
"The scale of the livelihood fishery as it exists right now with 350 traps is not a conservation concern," Bailey said. "With 350 traps, if you multiply that by ten I still don't think it would be a problem."
Mi'kmaq fisherman say non-Indigenous fishers have threatened and intimidated them for their off-season fishery. The Sipekne'katik First Nation says non-Indigenous fishermen removed 350 Mi'kmaq lobster traps from the water last weekend and vandalized equipment and vessels.
Colin Sproul, president of the Bay of Fundy Inshore Fishermen's Association, helped remove the traps. He has said lobster-fishing season in St. Marys Bay doesn't start until the last Monday of November in order to let the animals reproduce and to make sure their stocks aren't depleted.
Mi'kmaq fishermen, however, point to a 1999 Supreme Court decision that affirms their treaty right to fish for a "moderate livelihood." They say that treaty recognizes their right to fish where they want and when they want, regardless of the off-season rules established by the federal government.
As of December 2018, there were 979 lobster licenses issued in the fishing area around St. Marys Bay, according to the Department of Fisheries and Oceans, Bailey said. Those numbers show that sustainability of the lobster stocks are not threatened, she added.
"There are a thousand commercial fishing boats fishing 350 traps everyday, more or less, between November and May," she said. The lobster fishery of the Sipekne'katik First Nation, with seven licenses to fish from 350 traps, "is about the equivalent then, of one of those commercial boats."
Bailey has worked with both Mi'kmaq and commercial fishermen for her classes at the university and said the larger concern from both sides comes from a lack of action from the federal government. "Neither side is demonizing the fishing sector, Indigenous or non-Indigenous. It's really about transparency and leadership from the government that's required."
On Friday, Sipekne'katik Chief Mike Sack said his community is working to establish regulations for its fishery. In a news release, Sack called for a meeting with Nova Scotia Premier Stephen McNeil to discuss how to better define what constitutes a "moderate livelihood fishery."
Sack said he recognizes it is currently illegal for people to purchase lobster caught outside the commercial fishing licence system, which is operated by the Fisheries and Oceans Canada Department.
Those regulations, however, run counter to the 1999 Supreme Court decision "that found the Mi'kmaq have a legal right to fish and trade outside the DFO licensing regime."
"Today's call is for an amendment to this flawed system that is a direct infringement of the Mi'kmaq right to trade and sell," Sack said.
This report by The Canadian Press was first published Sept. 25, 2020.
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This story was produced with the financial assistance of the Facebook and Canadian Press News Fellowship.
Danielle Edwards, The Canadian Press
HALIFAX — An Indigenous-run lobster fishery off the coast of southwestern Nova Scotia isn't the big environmental threat that it's being made out to be, according to a fisheries expert.
The contentious fishery started by the Sipekne'katik First Nation in St. Marys Bay isn't likely to make a dent in the stocks of the crustacean in the area, Megan Bailey, professor at Dalhousie University's Marine Affairs program, said in a recent interview.
"The scale of the livelihood fishery as it exists right now with 350 traps is not a conservation concern," Bailey said. "With 350 traps, if you multiply that by ten I still don't think it would be a problem."
Mi'kmaq fisherman say non-Indigenous fishers have threatened and intimidated them for their off-season fishery. The Sipekne'katik First Nation says non-Indigenous fishermen removed 350 Mi'kmaq lobster traps from the water last weekend and vandalized equipment and vessels.
Colin Sproul, president of the Bay of Fundy Inshore Fishermen's Association, helped remove the traps. He has said lobster-fishing season in St. Marys Bay doesn't start until the last Monday of November in order to let the animals reproduce and to make sure their stocks aren't depleted.
Mi'kmaq fishermen, however, point to a 1999 Supreme Court decision that affirms their treaty right to fish for a "moderate livelihood." They say that treaty recognizes their right to fish where they want and when they want, regardless of the off-season rules established by the federal government.
As of December 2018, there were 979 lobster licenses issued in the fishing area around St. Marys Bay, according to the Department of Fisheries and Oceans, Bailey said. Those numbers show that sustainability of the lobster stocks are not threatened, she added.
"There are a thousand commercial fishing boats fishing 350 traps everyday, more or less, between November and May," she said. The lobster fishery of the Sipekne'katik First Nation, with seven licenses to fish from 350 traps, "is about the equivalent then, of one of those commercial boats."
Bailey has worked with both Mi'kmaq and commercial fishermen for her classes at the university and said the larger concern from both sides comes from a lack of action from the federal government. "Neither side is demonizing the fishing sector, Indigenous or non-Indigenous. It's really about transparency and leadership from the government that's required."
On Friday, Sipekne'katik Chief Mike Sack said his community is working to establish regulations for its fishery. In a news release, Sack called for a meeting with Nova Scotia Premier Stephen McNeil to discuss how to better define what constitutes a "moderate livelihood fishery."
Sack said he recognizes it is currently illegal for people to purchase lobster caught outside the commercial fishing licence system, which is operated by the Fisheries and Oceans Canada Department.
Those regulations, however, run counter to the 1999 Supreme Court decision "that found the Mi'kmaq have a legal right to fish and trade outside the DFO licensing regime."
"Today's call is for an amendment to this flawed system that is a direct infringement of the Mi'kmaq right to trade and sell," Sack said.
This report by The Canadian Press was first published Sept. 25, 2020.
- - -
This story was produced with the financial assistance of the Facebook and Canadian Press News Fellowship.
Danielle Edwards, The Canadian Press
Nova Scotia Lobster Dispute Shows Racism Rooted In Canadian Fishing Industry
Samantha Beattie
As Hurricane Teddy approached Nova Scotia Tuesday morning, Mi’kmaq fishermen tied up their boats and hunkered down at their campsite, prepared to wait out the storm.
The approaching Category 2 hurricane was a welcome distraction for Sipekne’katik First Nation after facing days of pushback from non-Indigenous, commercial fishermen against a new, self-regulated lobster fishery in Saulnierville, N.S, said Chief Michael Sack.
“We’re getting ready for the storm to pass. I think we’re taking this time to regroup and go back at it,” Sack told HuffPost Canada.
What’s now known as the lobster dispute has played out on the waters of Nova Scotia this past week, with fishermen on both sides, as well as politicians, demanding the federal government intervene.
The disagreement, however, isn’t just about lobsters, but also the treaty rights of Indigenous people who are striving to earn a living from hunting, gathering and fishing.
“It’s fishing, but it’s much more than that for us,” Sack said. “It’s stepping up and making sure that other levels of government respect our people.”
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© Provided by HuffPost Canada Sipekne'katik First Nation community members waved a flag that said,
What’s been going on?
Last week, Sipekne’katik Mi’kmaq launched its fishery at a federal wharf, distributing seven licences to Mi’kmaq fishing boats for a total of 350 traps — less than a single commercial fishing vessel puts out, Sack said. There are 979 inshore lobster licences issued for that region of Nova Scotia.
The fishery is one way the Sipekne’katik community is hoping to combat poverty, by creating more jobs that pay a living wage in the lucrative lobster industry, said Sack.
Under their treaty rights, the Mi’kmaq are allowed to fish without restrictions in order to earn a “moderate livelihood,” based on a landmark 1999 Supreme Court ruling, he said.
But the launch of the fishery sparked fierce opposition from non-Indigenous fishermen, who claim it’s illegal to harvest lobster during the current off-season, citing concerns about sustainability.
What’s been going on?
Last week, Sipekne’katik Mi’kmaq launched its fishery at a federal wharf, distributing seven licences to Mi’kmaq fishing boats for a total of 350 traps — less than a single commercial fishing vessel puts out, Sack said. There are 979 inshore lobster licences issued for that region of Nova Scotia.
The fishery is one way the Sipekne’katik community is hoping to combat poverty, by creating more jobs that pay a living wage in the lucrative lobster industry, said Sack.
Under their treaty rights, the Mi’kmaq are allowed to fish without restrictions in order to earn a “moderate livelihood,” based on a landmark 1999 Supreme Court ruling, he said.
But the launch of the fishery sparked fierce opposition from non-Indigenous fishermen, who claim it’s illegal to harvest lobster during the current off-season, citing concerns about sustainability.
© Provided by HuffPost Canada Colin Sproul, President of the Bay of Fundy Inshore Fishermen's Association, left, and Bernie Berry, President of the Cold Water Lobster Coalition, posed in front of Mi'kmaw lobster traps they seized in Saulnierville, N.S. on Sept. 20, 2020.
After the ceremony, up to 50 non-Indigenous fishing boats encircled Mi’kmaq boats and reportedly shot emergency flares in their direction.
“There needs to be a full crackdown on illegal fishing and the sale of illegally harvested fish immediately,” said Martin Mallet, executive director of the Maritime Fishermen’s Union in a statement that called for the federal government’s Department of Fisheries and Oceans (DFO) to intervene.
“More enforcement, bigger fines and more serious penalties need to be put on the table right now,” Mallet said, adding that fishermen were “peacefully” protesting the Indigenous lobster traps.
The RCMP arrested two people at the wharf on assault charges following ugly confrontations on Friday, as non-Indigenous fishers continued to monitor the mouth of the harbour.
On Sunday, the situation escalated as non-Indigenous fishermen on about 100 boats removed Mi’kmaq lobster traps off the western coast of the province.
“They’re trying to disconnect the Natives from any resources,” said Sack of the non-Indigenous fishermen. “They’re putting pressure on people who sell fuel, bait, gear. They’re threatening to boycott them if they do any business with us.”
The Assembly of Nova Scotia Mi’kmaw Chiefs described these actions as “harassment” and “racism” in a statement Monday. The assembly also enacted a state of emergency because of the “violence occurring over Mi’kmaq fisheries across the province.”
What’s the Supreme Court ruling about?
Twenty-one years ago, the Supreme Court ruled that the Mi’kmaq had the right to fish “in pursuit of a moderate livelihood” where and when they want without a licence. The Marshall Decision was rooted in the 1760s Peace and Friendship Treaties and is protected by the Canadian Constitution.
If the DFO wanted to regulate Mi’kmaq fishing, it would have to conduct meaningful consultations about any proposed limitations with the community, lawyer Bruce Wildsmith, a retired Dalhousie University law professor, told CBC Radio’s Jeff Douglas.
“Consultation would be central to any regulation,” said Wildsmith, who has represented Mi’kmaq in treaty cases, including in the Marshall Decision. “That consultation has never taken place.”
Both sides agree the federal government has dropped the ball by not defining what a “moderate livelihood” means or setting restrictions.
After the ceremony, up to 50 non-Indigenous fishing boats encircled Mi’kmaq boats and reportedly shot emergency flares in their direction.
“There needs to be a full crackdown on illegal fishing and the sale of illegally harvested fish immediately,” said Martin Mallet, executive director of the Maritime Fishermen’s Union in a statement that called for the federal government’s Department of Fisheries and Oceans (DFO) to intervene.
“More enforcement, bigger fines and more serious penalties need to be put on the table right now,” Mallet said, adding that fishermen were “peacefully” protesting the Indigenous lobster traps.
The RCMP arrested two people at the wharf on assault charges following ugly confrontations on Friday, as non-Indigenous fishers continued to monitor the mouth of the harbour.
On Sunday, the situation escalated as non-Indigenous fishermen on about 100 boats removed Mi’kmaq lobster traps off the western coast of the province.
“They’re trying to disconnect the Natives from any resources,” said Sack of the non-Indigenous fishermen. “They’re putting pressure on people who sell fuel, bait, gear. They’re threatening to boycott them if they do any business with us.”
The Assembly of Nova Scotia Mi’kmaw Chiefs described these actions as “harassment” and “racism” in a statement Monday. The assembly also enacted a state of emergency because of the “violence occurring over Mi’kmaq fisheries across the province.”
What’s the Supreme Court ruling about?
Twenty-one years ago, the Supreme Court ruled that the Mi’kmaq had the right to fish “in pursuit of a moderate livelihood” where and when they want without a licence. The Marshall Decision was rooted in the 1760s Peace and Friendship Treaties and is protected by the Canadian Constitution.
If the DFO wanted to regulate Mi’kmaq fishing, it would have to conduct meaningful consultations about any proposed limitations with the community, lawyer Bruce Wildsmith, a retired Dalhousie University law professor, told CBC Radio’s Jeff Douglas.
“Consultation would be central to any regulation,” said Wildsmith, who has represented Mi’kmaq in treaty cases, including in the Marshall Decision. “That consultation has never taken place.”
Both sides agree the federal government has dropped the ball by not defining what a “moderate livelihood” means or setting restrictions.
© Provided by HuffPost Canada Sipekne'katik First Nation boats in Saulnierville, N.S. on Sept. 20, 2020.
“Fishermen care about the future sustainability of the fishery and they expect DFO to step up and enforce the rules across the board,” says O’Neil Cloutier, director of Regroupement des pêcheurs professionnels du sud de la Gaspésie, representing inshore fishermen in Quebec, in a statement signed by fishermen associations across eastern Canada.
The Sipekne’katik First Nation said that after two decades of waiting for the DFO to recognize its treaty right to harvest and sell fish, and seeing little movement, it’s taking control.
“We trust the lobster industry and DFO to respect our processes, which are intended to be of mutual benefit and to resolve and bring certainty to a long-standing constitutional breach,” it said in a statement.
The Assembly of First Nations echoed these remarks.
“The alarming escalation is a direct result of inaction by Minister Bernadette Jordan and (the DFO),” said National Chief Perry Bellegarde in a statement.
“There must be no delay in ensuring and protecting the safety and security of First Nations fishers and their constitutional and treaty rights to fish.”
“Fishermen care about the future sustainability of the fishery and they expect DFO to step up and enforce the rules across the board,” says O’Neil Cloutier, director of Regroupement des pêcheurs professionnels du sud de la Gaspésie, representing inshore fishermen in Quebec, in a statement signed by fishermen associations across eastern Canada.
The Sipekne’katik First Nation said that after two decades of waiting for the DFO to recognize its treaty right to harvest and sell fish, and seeing little movement, it’s taking control.
“We trust the lobster industry and DFO to respect our processes, which are intended to be of mutual benefit and to resolve and bring certainty to a long-standing constitutional breach,” it said in a statement.
The Assembly of First Nations echoed these remarks.
“The alarming escalation is a direct result of inaction by Minister Bernadette Jordan and (the DFO),” said National Chief Perry Bellegarde in a statement.
“There must be no delay in ensuring and protecting the safety and security of First Nations fishers and their constitutional and treaty rights to fish.”
© Provided by HuffPost Canada Minister of the Department of Oceans and Fisheries Bernadette Jordan at Rideau Hall in Ottawa on Jan.14, 2019.
What’s the federal government doing now?
Jordan and Minister of Crown-Indigenous Relations Carolyn Bennett met with the Assembly of Nova Scotia Mi’kmaw Chiefs on Monday, and affirmed the Marshall Decision “that Mi’kmaw have a constitutionally protected treaty right to fish in pursuit of a moderate livelihood,” they said in a joint statement.
“We share the concerns of the Assembly Chiefs for the safety of their people. There is no place for the threats, intimidation, or vandalism that we have witnessed in South West Nova Scotia. This is unacceptable.”
The Canadian Coast Guard, RCMP and public safety officials are patrolling the sea, land and air to respond to any dangerous situations.
“Reconciliation is a Canadian imperative and we all have a role to play in it,” the ministers’ statement said. “What is occurring does not advance this goal, nor does it support the implementation of First Nation treaty rights, or a productive and orderly fishery.”
They said they are going to have future conversations with First Nations leaders about their treaty rights.
Sack was skeptical the federal government would follow through on its promise, or help them stand up to non-Indigenous fishermen.
“It was bagged,” the chief said. “Until they actually implement it, it’s kind of just lip service.”
What’s the federal government doing now?
Jordan and Minister of Crown-Indigenous Relations Carolyn Bennett met with the Assembly of Nova Scotia Mi’kmaw Chiefs on Monday, and affirmed the Marshall Decision “that Mi’kmaw have a constitutionally protected treaty right to fish in pursuit of a moderate livelihood,” they said in a joint statement.
“We share the concerns of the Assembly Chiefs for the safety of their people. There is no place for the threats, intimidation, or vandalism that we have witnessed in South West Nova Scotia. This is unacceptable.”
The Canadian Coast Guard, RCMP and public safety officials are patrolling the sea, land and air to respond to any dangerous situations.
“Reconciliation is a Canadian imperative and we all have a role to play in it,” the ministers’ statement said. “What is occurring does not advance this goal, nor does it support the implementation of First Nation treaty rights, or a productive and orderly fishery.”
They said they are going to have future conversations with First Nations leaders about their treaty rights.
Sack was skeptical the federal government would follow through on its promise, or help them stand up to non-Indigenous fishermen.
“It was bagged,” the chief said. “Until they actually implement it, it’s kind of just lip service.”
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