Since the Supreme Court Marshall Decision was handed down in 1999 affirming First Nations’ treaty right to fish, hunt and gather in pursuit of a moderate livelihood, participation in the commercial fishery by Indigenous communities and fishers has grown.
“Over the past 21 years, DFO (Department of Fisheries and Oceans) has provided over $630 million to participating Indigenous communities to help develop fishing enterprises for multiple species, which has included vessels and gear, as well as for governance, capacity-building and training,” says DFO spokesperson Heidi MacDonald.
“This funding has helped increase and diversify Indigenous participation in the commercial fisheries on the East Coast. The value of Indigenous communal commercial landings has increased in the Atlantic zone, from $3 million in 1999, which represented 0.2 per cent of the total landed value of the Atlantic fishery, to $269 million in 2021 (preliminary), which represented 6.4 per cent of the $4.2 billion total value of the Atlantic fishery.”
In addition to communal participation in the commercial fishery, First Nations rights to earn a moderate livelihood are also being implemented through interim moderate livelihood fishing plans and Rights and Reconciliation Agreements (RRA).
Last fall, DFO renewed an interim understanding with Acadia, Annapolis Valley, Bear River and Glooscap First Nations for their members to fish lobster in pursuit of a moderate livelihood and sell their catch under their community-developed Kespukwitk Netukulimk Livelihood Fisheries Plan and a DFO-issued Harvest Document in Lobster Fishing Areas (LFAs) 33, 34 and 35 during the established commercial season.
The amended interim understanding sees a higher number of designated harvesters from the First Nations communities fishing lobster, without increasing overall fishing effort, says MacDonald.
“The increased number of designated harvesters will fish 5,250 traps across these LFAs under the amended Kespukwitk Netukulimk Livelihood Fisheries Plan and DFO-issued Harvest Document. The original renewed understanding had a maximum of 3,500 traps. The LFA-specific limit of 1,000 traps remains in place in LFA 35,” said MacDonald.
“The First Nations provide DFO with a list of the harvesters designated to fish under the understanding, and there are trap limits in place under the Plan and Harvest Document.”
MacDonald said banked licences in the three LFAs, “which are unassigned access to the fishery, and latent effort have supported this effort-neutral increase in designated harvesters fishing in pursuit of a moderate livelihood through this amended understanding.”
To support opportunities for rights-based fisheries, DFO launched a voluntary commercial licence and quota relinquishment process last year.
“Through this expression of interest process, commercial lobster holders can apply to exit a fishery by returning their licence to DFO or reduce their participation in quota-based fisheries by returning all or part of their quota to DFO,” says MacDonald.
“In DFO’s Maritimes Region, three such expression of interest processes have been held for lobster licences, in which LFAs 27, 29, 30, 31A, 33, 34, 35, 36 and 38 have been targeted at least once. None of the applications received during the first process for lobster met the department’s criteria. Two commercial lobster licences were relinquished through the second process in exchange for a financial arrangement. The voluntary relinquishment of these two licences (one each in LFAs 33 and 34) will further support implementing the Treaty right to fish in pursuit of a moderate livelihood. As the Department is currently finalizing the third process for lobster, no comment can be provided at this time.”
Since 2019, three Rights and Reconciliation Agreements (RRA) have been signed with four First Nations communities and eight interim understandings reached to further implement Indigenous Treaty Right to fish, as affirmed by the Marshall Decision, says MacDonald.
Elsipogtog and Esgenoôpetitj First Nations jointly signed the first RRA in New Brunswick in August 2019. In August 2019, the Wolastoqiyik Wahsipekuk First Nation in Québec signed an RRA. In April 2021, Listuguj First Nation in Québec signed an RRA.
The Department also reached interim understandings with First Nations communities in Nova Scotia and Prince Edward Island to fish for lobster in pursuit of a moderate livelihood and sell their catch during the DFO-established seasons, including Potlotek, Bear River, Annapolis Valley, Acadia, Glooscap, Pictou Landing, We’koqma’q and Lennox Island.
“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,” says MacDonald.
“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. DFO is committed to working on a collaborative path forward with all parties to ensure a safe, orderly and sustainable fishery for the benefit of all. The Department remains focused and committed as we work with First Nations to implement their constitutionally protected, Supreme Court affirmed right, while ensuring that fisheries remain safe, productive and sustainable for all harvesters.”
