Lennox Island First Nation hoping for more access to lobster fishery

The Lennox Island First Nation wharf is busy these days, in the band's third year of treaty fishing for lobster, but Chief Darlene Bernard would like to see it busier.

Though there has been a commercial fishery based in the community off P.E.I's North Shore for decades, Bernard said the newly exercised right to harvest lobster under treaties signed long ago means about 10 young families are better able to pay their bills.

With a waiting list of about the same number of people who would like to take part in the fishery, Bernard wants to see more commercial licences made available for Lennox Island through a Department of Fisheries and Oceans (DFO) purchase program.

"We need to have an equitable share of the bounty of the resources in this province moving forward," she said.

"What I want is increased capacity within the commercial fishery," Bernard said, pointing out that the First Nation still has the same number of commercial licences that it had 20 years ago despite repeated acknowledgements that theMi'kmaq fished these waters for untold generations.

Why Chief Darlene Bernard doesn't believe in calling it a 'moderate livelihood' fishery

5 months ago

Duration 1:07

Lennox Island First Nation Chief Darlene Bernard says she won't call the treaty-protected lobster fishery a moderate livelihood fishery, because she feels the term puts the community's harvesters 'at a disadvantage.'

She is critical of DFO on this front, saying the federal department recently bought out three commercial licences and retired them.

"Why did they not hand those over to the First Nations?" she said, saying she does not feel that would endanger the lobster stock in the area.

"They know we're looking for increased access in the commercial fishery We need it."

A recent report on lobster stocks in the Southern Gulf of St. Lawrence said stocks were in a healthy zone. Based on landing studies, the research referred to indicators that commercial-sized lobster have increased in abundance.

PEIFA backs retirement of licences

In response to a CBC News request for information, the Department of Fisheries and Oceanssent an emails saying"discussions on a treaty-protected lobster fishery for the 2024 season are ongoing."

Another part of the email had this to say: "The Government of Canada will continue to work in partnership with First Nations to further implement their right to fish in pursuit of a moderate livelihood. This will be guided by three key principles: the conservation and sustainability of fish stocks, further implementation of treaty rights, and transparent and stable management of the fishery."

The P.E.I. Fishermen's Association holds the position that commercial licences bought by DFO should be retired to ease any extra pressure on lobster stocks coming from extra traps set in the treaty fishery.

"The PEIFA is a strong supporter of the concept that lobster traps not be added to an area and access be obtained by purchasing licences (one licence in and one licence out)," the association said in an email.

"We are pleased that DFO was successful in purchasing three licences in LFA 24 to meet most of the requirements for the Lennox Island First Nation to continue to fish in pursuit of a moderate livelihood in 2024."

The email continued: "We did request that licenses purchased be adjacent to Lennox Island to avoid additional pressure in that particular area, however we understand that may not have happened."

'It's been going great'

Back on Lennox Island, Bernard said many jobs have been created thanks to the band's treaty fishery and commercial fishery. Most of the Band's commercial licenses are in the Spring Fishery for LFA 24, with a total of 7,200 traps. Lennox also has another 500 traps in the fishery for LFA 25, which starts in August.

"It's been going great," Bernard said. "We're building all kinds of opportunities."

Some of the commercial licences are owned by the band, and some are fished by independent harvesters, referred to as "designated fishermen."

Lennox Island boats are owned and its licences managed by Fisherman's Pride Inc., a band-owned business that also handles the sale of lobster and snow crab for the community.

As for the Lennox Island treaty fishery, which has grown slightly this spring from the 1,000 traps the community's boats set last year, Bernard does not like the terminology "moderate livelihood" which is usedto describe Indigenous fishing rights re-affirmed by the Supreme Court of Canada in the 1999 Marshall decision.

"I refuse to call it 'moderate,'" she said. "I don't like the word 'moderate' because I feel like it's already putting us at a disadvantage, like we're only allowed a moderate livelihood from a fishery that we have a right to.

"But others can gain wealth from it and build a nest egg."

She stressed that fishing has been a traditional livelihood for the Mi'kmaw in this part of the world for untold generations.

New wharf almost complete

Meanwhile, a new wharf under construction on Lennox Island is nearing completion, with large concrete pillars, walls, and a new pier area very visible to fishing crews coming in to unload their catch in the old area.

The band had been pushing for this project for more than a decade, saying the current wharf doesn't offer boats adequate space or shelter when the weather gets bad.

Just recently, before the spring season opened, local fishermen said a number of boats tied up at the current wharf were damaged due to high winds.

"The new wharf will make it easier on setting day," said 23 year-old fisherman Jacob Bernard. "The wharf we have now is too crowded It will be a lot better for windy days too."

The $22-million wharf project includes space for more than 25 boats, as well as parking and fuelling areas.

The wharf is expected to be ready for use in time for next year's fishing season.