Mi'kmaw community says rights-based fishery regulations rival those of DFO

The First Nation community operating a new, self-regulated lobster fishery in Nova Scotiasays its harvesting regulations rivaland may even exceed the standards of the Department of Fisheries and Oceans.

"They're pretty much the same regulations when it comes to the [DFO regulated] commercial season," said Brandon Maloney, director of fisheries for Sipekne'katik First Nation, which launched its first Mi'kmaq-regulated fishery in Saulnierville,N.S.,last Thursday.

The launch followeddecades of disagreement with government officials overthe Mi'kmaq treaty right to earn a "moderate livelihood" from fishing, affirmedby the 1999 Supreme Court ruling in the Marshall case. A rare clarificationby the Supreme Court stated thatthe federal government could regulate treatyfishing if it was justified and if the Mi'kmaq were consulted.

Debate on the issuehasbeen tense online and in communities nearSaulnierville, and has oftenfocused onDFO'syet-to-be-determined position on what qualifies as a"moderate livelihood."

Following recent claims from non-Indigenous commercial fishers thatMi'kmaq are using illegal bait and equipment, Maloney said the band's regulation policies on safety, conservation monitoring and fishing gear are to the same standards as the commercial fishery.

"The trap sizes, escape hatches all of those have been adopted from the commercial [DFO regulated] season," he said.

"It's just easier because all of the traps are already equipped that way."

Maloney said in some cases, the regulations specificto monitoring and counting the catch at the wharfmay even exceed DFO's, given that the Mi'kmaw operation yields so few lobster in comparison.

Photos of modified traps

On Sunday, a news release by Coalition of Atlantic and Quebec Fishing Organizations, which represents numerous fishing associations in the Atlantic regionand the Maritime Fishermen's Union [MFU], called on DFO to "publicly haul-in thousands of lobster traps set out of season."

"This is about conserving the fishery for everyone both Indigenous and non-Indigenous fishermen," saidBernie Berry, president of the Coldwater Lobster Association,in therelease.

"Unless there is one set of rules driven by conservation of the fishery, Canada's fishery will be destroyed."

Therelease included a photo of lobsters in what appears to be a damaged, modified trap."Illegal sea trap with escape mechanism blocked with tie wraps," the caption reads.

A spokesperson for the coalition did notprovide sources for the photos, but said they were "pretty confident" the photos came from the commercial fishers in St. Mary's Bay. Further requests for comment on the release were not returned.

Maloney,who has seen the photos circulating on social media, said he believed they were evidence that non-Mi'kmaw fishers were violating DFOgeneral regulations.

"The only thing that's clearly illegal in that whole situation is [commercial fishers] pulling up someone else's gear. It doesn't matter what pictures they take, they've already had the time to sabotage it," he said.

"They're illegally pulling them up to vandalize them and make us look bad. It's disturbing."

DFO declined to comment onwhether or not citationshave been issued since last Thursday in the area surrounding the Mi'kmaw traps, instead referring to a joint statement issued Monday by DFO Minister Bernadette Jordan andCrown-Indigenous RelationsMinisterCarolyn Bennett.

"DFO fishery officers, Canadian Coast Guard vessels and personnel, Royal Canadian Mounted Police, and Public Safety officials are co-ordinating their efforts in the sea, on the land, and in the air, and are working with officials from the Province of Nova Scotia to respond to any dangerous situations as they may arise," the statement reads.

"We want to work with First Nations leaders on the path forward of the implementation of their treaty right, and look forward to upcoming conversations on this matter.

According to the list of 2020 convictions related to fisheries law onthe DFO website, there are 2 convictionsthat can shed light on the legality of actions by Mi'kmaw and non-Indigenous fishers in the dispute.

In July, a $3,000 fine was issued to a person under the DFO general fishery regulations, for "tampering with traps, nets, bait or any other thing used for fishing [and] interfering with the conduct of fishing activities by another person."

A few months before, in April, a $1,500 fine was issued to a person under the DFO Atlantic fisheryregulationsfor "fishing for lobster during a closed time."

Rights 'protected in perpetuity'

According to Maloney, the sevenMi'kmaw harvesters who received moderate livelihood licencesfromSipekne'katikon Thursday also receivedthe Rights Implementation and Fishery Management Plan,an 18-page document that explains the band's policieson areas likelicensing andharvesting,the sale and intendeduseoflobsters, and a section of 27 generalregulations.

The planincludes a listof eight objectives that "advance the principles defined in the United Nations Declaration on the Rights of Indigenous Peoples andform the basis for fishery decision making," the document reads.

According to the list, theirobjectives are:

• To ensure conservation of the resource to protect and exercise Mi'kmaq Treaty and Aboriginal Rightsto harvest natural resources for the benefit of the community and its members.
• To alleviate family poverty and advance the size and security of the middle class within the Sipekne'katik community
• To ensure community adherence to the traditional Mi'kmaq principles of Netukulimk.
• To contribute to the social and economic well being of the community.
• To develop and promote livelihood fishing activities that will provide stable and effective employment and income for community members.
• Provide food to meet the nutritional and social needs of local Sipekne'katik band members.
• To ensure the public and harvester safety are protected.
• To have economically self-sufficient fishing operations, including management and administration.

"Conservation" refers to the protection and preservation of fisheries resources "to ensure the Mi'kmaq Rights are protected in perpetuity," the document reads.

Maloney said the plan has been in the works for three years, and was based on community consultation through multiple surveys and in some cases, house-to-house visits.

Maloney said the captains and crews remain positive despite the opposition the Mi'kmaq have faced harvesting under the new fishery.

"A lot of themwere born into this, they don't know anything else," he said.

"They're just really proud people. It's half and half for them they want to fish and make a living, but they also want to stand up for their rights."