Why one Mi'kmaq fisherman says commercial fishing licences aren't working

Canadian taxpayers and First Nations have spent millions of dollars buying commercial fishing licences to integrate Indigenous communities into Nova Scotia's lucrative lobster, snow crab and other commercial fisheries.

But one Mi'kmaqfisherman considers those efforts a waste of time and money.

"Theselicences, they can have them back," saidDaveMcDonald, a 60-year-old fisherman fromSipekne'katikFirst NationnearShubenacadie, N.S. "All it isdoing is dividing our community."

"Thoselicencesain't no good to our people. Those licences aren't doing me any good," he said, speaking from thewheelhouse of his nine-metrefishing boat, Shark Patrol.

Leasing licencestoo pricey

Sipekne'katikFirst Nationhas accumulated more than 30 commercial fishing licences since 1999, theyear of the Marshall decision, alandmark rulingby theSupreme Court of Canada giving Mi'kmaq the right to fish to support a moderate livelihood.

Like otherbands,Sipekne'katik leasessome of its commercial licences but at a price beyond MacDonald's means.

"I can't afford $40,000 to go fishing, to use those licences. And I don't feel I should have to do that. As a matter of fact, I don't want to do that.Iwant to make a moderate living for myself."

Food, social and ceremonial fishery

McDonald does fish for lobster under the Sipekne'katikband's controversialfood, social and ceremonial fishery.

The small-scale summer fishery in St. Marys Bay is open to every band member as an undisputed right of First Nations to fish for food, whether a commercial fishery in the area is open or closed.

However, the Department of Fisheries and Oceans does not permitparticipants to sell their catch.

This summer, tension over this fishery flared up when non-Indigenous fishermen claimed band members used itas a cloak forwidespread, illegal commercial lobster fishing.

DFO is investigating allegations of First Nations lobster sales at that time,including the potential involvement of local buyers andprocessors. It is also looking into the discoveryof a large amount of discardedlobsters in the area last month.

McDonaldsays he hasn't come across anyone fishing for commercial reasons.

"As far as anybody selling it, I don't know about it. I haven't sold my catch,"he said.

Need for regulations questioned

But McDonald claims he should be allowed to sell his catch because of the 1999 court ruling.

"That was 18 years ago. They were supposed to put that in place. Why haven't they done that?I have that right.It is my right," he said.

DFO acknowledges the Mi'kmaqhave a right to a moderate living, but only in a fishery that follows regulations.

"In order to have a sustainable use of the resource, we have to have a regulated fishery," says Morley Knight, aDFO assistant deputy minister in Ottawa.

"We have to know how many participants, we have to know what amount of gear they are using, we have to be regulating the catch that all the participants take," he tells CBC News.

9 years of negotiation with no resolution

Negotiations to create a First Nations "moderate livelihood" fishery have been underway since 2008between Canada, Nova Scotia and Mi'kmaq participants. The Mi'kmaq want a separate moderate livelihood fishery, distinct from the commercialfishery.

"They are complex, they are difficult decisions. The fishery resourceis highly sought after by all parties," Knightsays. "Finding a way to satisfy everyone's desires and wishes in the way the fisheries is managed is a complicated situation."

Since the Marshall decision, successive federal governments have been integrating individual bands into the commercial fishery, which it controls through licence conditions.

Despite some frustration both inside and outside of First Nations communities,the Department of Fisheries and Oceans considers the effort a success.

"There has been a tremendous amount of progress made in some communities, in terms of their participation in the fishery, in terms of the number of vessels they have, the employment they generate from that fishery andthe economic value to the communities," Knight says.

'Moderate livelihood'conditions

But as his boat bobs dockside inSaulnierville, DaveMcDonaldis not satisfied.

He wants Sipekne'katik to issue its own "moderate livelihood" tags.

"I'm hoping our band, our leaderswill put that in place themselves because our people need to make a moderate living," he says.

Sipekne'katikChief Mike Sack says the "right to moderate living" is a justification for band members who sell lobsters caught in the food and ceremonial fishery.

However, he says theband has not created its own fishery under those conditions.