Wolastoqey fishers say proposed elver fishery shutdown infringes on treaty rights

Some Wolastoqey fishers say closure of thefishery forbaby eels, or elvers, this yearwill infringe on their treaty rights and impact their right to earn a moderate livelihood from fishing.

Last week, Fisheries and Oceans Canada (DFO) issued letters to commercial licence holders that it will not renew licences ahead of the elver season that typically starts in late March.

DFOshut down the elver fishery in New Brunswick and Nova Scotia last Aprilbecause of conservation and safety concerns, after reports of violence andoverfishing by unauthorized harvesters.

Tyler Sabattis,a lobster and scallop fisherman, said hegot intoelver fishinglast yearto earnextra income for his family and community in Bilijk (Kingsclear First Nation), nearFredericton.

Sabattis saidhe invested over $1,600 in fishing gear and fished for two days last year before the fishery was shut down.

He said he was shocked to hearthe fishery may be closed for another season.

"I'd like to see an open fishery for all of us where all of us can go out there, non-Natives, whites, anybody in between, whoever wants to get in the fishery, get out there and be happy and you know make their money that they need and support their families," said Sabattis, 31.

Elvers, or glass eels, are fished from rivers and estuaries throughout Nova Scotia and New Brunswick and then sold live to Asian markets. Market prices vary but reached as high as $5,000 a kilogram in 2022.

In a public statement Feb. 13, DFOsaid the elver fishery "has experienced a pattern of increasing and serious challenges, including conservation and safety concerns."DFOis to consult with licence holders, First Nations, and Indigenous organizations on the future of the 2024 elver fishery.

"Once the 10-day comment period is over, and input has been considered, the minister will make a decision on the 2024 fishery," the statement said.

Sabattissaid he wants them to know elver harvesters stand to make more with commercial quotas and fishers like him have a treaty right to fish.

In 1999, the Supreme Court of Canada affirmed that Mi'kmaq, Wolastoqiyikand Peskotomuhkati havea right to earn a moderate livelihood from fishing under the Peace and Friendship treaties.

In 2022, DFO took 14 per cent of the 9,960 kilogram commercial quota and divided it up among Mi'kmaw and Wolastoqey communities.Last season, the WolastoqeyNation was allotted 750 kilograms for its six communities.

Chief Ross Perley of Neqotkuk(Tobique First Nation) said he got a letter last week saying that the commercial quotafor the Wolastoqeycommunitieswon't be renewed this year.

Perley said they suggested DFOincreasethe total allowable catch for First Nationsfishers.He saidincreasing Indigenous access couldstop fishers from selling their catch on the black marketbecause they would make more money fishing under a commercial quota, which would allowfor stronger monitoring of harvested elvers.

But he said so far that proposition has been rejected.

"We're still willing to work out something that isequitable for rights holdersbut if there's nothing in place and this closure continues, I predict rights holders are going to practise their rights here, regardless," said Perley.

In response to a request for comment, DFOpointedto itsstatement saying it would issue a public announcement after the 10-day comment period.