Over the 12–18 months, Fisheries and Oceans Canada (DFO) has reached interim understandings with seven First Nations in Nova Scotia and Prince Edward Island, implementing their treaty right to fish for lobster in pursuit of a moderate livelihood during established commercial fishing seasons.
A landmark, five-year renewable Rights Reconciliation Agreement on Fisheries with the Listuguj Mi’gmaq community in Québec to advance reconciliation in the fisheries was also signed.
In addition, two moderate livelihood fishing plan understandings around elver have been reached with three Treaty Nations in Nova Scotia and an aggregate representing six Treaty Nations in New Brunswick.
In Nova Scotia, a second interim understanding with Potlotek First Nation was reached this spring to fish for lobster. Harvesters designated under Potlotek’s Netukulimk Livelihood Fisheries Plan will fish a total of 1,200 traps during the established 2022 commercial seasons distributed across Lobster Fishing Areas (LFAs) 27, 28, 29, 30 and 31A.
Bear River, Annapolis Valley, Acadia, Pictou Landing and We’koqma’q First Nations in Nova Scotia and Lennox Island First Nation, P.E.I., have also reached interim understandings with the federal fisheries department through their own livelihood fishing plans to fish for lobster in adjacent LFAs.
“Our government is committed to advancing reconciliation. Fisheries and Oceans Canada is actively working with First Nations across the Maritime provinces and the Gaspé region of Québec to implement their Treaty right to fish in pursuit of a moderate livelihood while maintaining healthy fisheries for all harvesters for generations to come,” said Claire Teichman, press secretary for federal fisheries Minister Joyce Murray.
Teichman said the interim understandings are formed by two parts: community developed moderate livelihood fishing plans and the authorizations issued by DFO to First Nations based on annual negotiations to support harvesting under the community plans.
“To date, the authorizations issued by DFO in support of First Nation community members to fish in pursuit of a moderate livelihood have been interim understandings,” said Teichman.
“These interim understandings have primarily supported increased First Nation participation in the commercial lobster fisheries through the Department’s authorization in support of First Nations’ moderate livelihood fishing plans. The Department continues to work with interested communities towards implementing moderate livelihood fisheries which may include other species. Discussions are ongoing.”
Teichman said these short-term understandings “do not replace the possibility for longer term agreements that would serve to implement other aspects of First Nations rights and interests beyond authorized interim moderate livelihood fishing plans. The Department’s priority continues to be the further implementation of the treaty right in a way that supports an orderly fishery and includes measures for conservation.”
To ensure no increase in overall fishing effort, additional First Nation access to commercial fisheries is provided through available licences held by the department and including latent effort due to partnership arrangements in the commercial industry. The department is also working to increase the available access through a willing buyer — willing seller process, said Teichman.
“DFO launched a voluntary commercial licence and quota relinquishment process to support opportunities for rights-based fisheries. Through this willing buyer seller approach, commercial lobster licence holders can apply to relinquish their licence or quota to DFO, which is subject to the funds available to the department and the current market value of the licence or quota. The relinquishment process was recently rolled out in a phased approach, starting with a focus on target species and fishing areas that align with moderate livelihood fishing plans received,” said Teichman.
A number of other First Nations communities are engaging with DFO on advancing their moderate livelihood fishing plans, said Teichman. Thirty-four First Nations in the Maritimes and Gaspé region and the Peskotomuhkati have a treaty right to fish in pursuit of a moderate livelihood.
Meanwhile, on Parliament Hill, 13 months after the Standing Committee on Fisheries and Oceans filed its report Implementation of the Mi’kmaw and Maliseet Treaty Right to Fish in Pursuit of a Moderate Livelihood, federal Fisheries Minister Joyce Murray has responded to the report.
“The Committee’s 40 recommendations underscore the complexity of fulfilling my department’s responsibility for the conservation and management of fisheries in Canada, as well as working with Treaty Nations to further implement their rights and advancing shared priorities around reconciliation,” wrote Minister Murray.
“These recommendations will help guide the Government’s continued nation-to-nation work with the Mi’kmaq and Wolastoqey First Nations in Nova Scotia, New Brunswick, Prince Edward Island and the Gaspé region of Québec and the Peskotomuhkati Nation at Skutik (Treaty Nations) to further implement their treaty right to fish in pursuit of a moderate livelihood.”
The nine-page response focuses on several themes that emerged from the report, says Murray, including recognition of rights and nation-to-nation negotiation processes, taking a conservation focused and collaborative approach to fisheries management and enforcement, integrating science and Indigenous knowledge into decision making and ensuring ongoing dialogue and education.
“In 2021, DFO introduced a new pathway for communities to pursue moderate livelihood fishing based on community-developed Moderate Livelihood Fishing Plans (MLFPs). Under this approach, DFO works with interested Treaty Nations to reach understandings that enable them to fish within existing fishing seasons according to an MLFP that is unique to their vision of the fishery. Discussions around MLFPs are guided by three key principles: respect for conservation; reconciliation; and transparent and predictable fisheries management. These principles recognize that clear and predictable management of fisheries in Canada is essential for all participants in the fishery to plan and make investment decisions and to foster the conditions needed for a safe, orderly and successful fishery for all,” wrote Murray.
“After MLFPs were introduced in 2021, DFO reached two understandings with four Treaty Nations in Nova Scotia to fish for lobster for the 2021–22 fishing season. So far in 2022–23, two MLFP understandings around elver have been reached with three Treaty Nations in Nova Scotia and an aggregate representing six Treaty Nations in New Brunswick. Two MLFP understandings have also been reached with two Treaty Nations in Nova Scotia to fish for lobster this season. DFO continues to work with communities to renew or establish MLFP understandings for the 2022–23 season that will see Treaty Nations’ community members fishing in pursuit of a moderate livelihood.”
