Fisheries Act is being enforced on St. Marys Bay: DFO

The federal Department of Fisheries and Oceans contends that the Fisheries Act is being enforced on St. Marys Bay.

In a written response to The Chronicle Herald on Friday, DFO said “significant enforcement resources” have been working in the area since July 17.

Spokeswoman Debra Buott-Matheson pointed to the seizure of 434 traps along with the recent arrest in Moncton of two men transporting 8,000 kilograms of lobster caught in the bay without a DFO-recognized commercial licence.

Buott-Matheson said the lobster were then released back into the ocean.

“Ensuring a safe and orderly lobster fishery has to be a primary focus, and that is why DFO will continue working with all of our partners to that effect,” she wrote.

“We will continue to take action whenever unauthorized harvesting and other violations under the Fisheries Act are observed, while supporting the exercise of fishing rights.”

The statements come in response to the allegation by commercial fishermen and the provincial Liberals that a commercial-sized unregulated fishery is being pursued by Sipekne’katik First Nation on St. Marys Bay.

For its part, Sipekne’katik hasn’t responded to requests for comment. In a lawsuit filed against DFO in July over the seizure of two of its members’ traps, the First Nation said it is running a self-regulated moderate livelihood fishery.

The statement of claim points to the Supreme Court of Canada’s 1999 Marshall decision, along with the United Nations Declaration on the Rights of Indigenous Peoples.

In R vs. Marshall, the Supreme Court stated that Mi’kmaw, Maliseet and Passamaquoddy have a treaty right to make a moderate livelihood off the fishery. The court also stated that it is a right subject to regulation, with consultation, by the federal fisheries minister.

The suit also states that Sipekne’katik informed DFO of its intention to launch a self-managed fishery May 1.

“The plaintiffs assert that (DFO) are trying to enforce a season on the plaintiff’s right to fish for a moderate livelihood and such enforcement is an unjustifiable infringement to their Aboriginal and treaty right that cannot be saved by the Badger test for infringement,” reads the suit.

“Furthermore, such an enforcement also infringes on the plaintiff’s right to manage their own fisheries since they have their own period in which their members can fish under their management plan.”

DFO has reached “understandings” with a number of First Nations around Atlantic Canada that see them provided trap allocations to distribute to their members under what they call communal commercial licenses. The traps have to be fished during the local commercial season and are subject to the same conservation rules and enforcement as non-Aboriginal commercial fishermen. The members are then allowed to sell their catch.

The Bear River, Annapolis and Acadia First Nations, which are nearest St. Marys Bay, have an allocation of 3,500 traps their members can use to fish for a moderate livelihood during the commercial season.

Sipekne’katik has declined DFO offers of communal commercial licenses, claiming the imposition of season infringes on their treaty rights.

DFO, meanwhile, is standing by the use of fishing seasons as a management tool.

“Seasons help make sure (there is) predictability for all those participating in the fishery, as well as for other fleets and industries, and reduces gear conflict among fisheries operating in the same geographic area,” reads the statement from Buott-Matheson.

“The timing of season openings also help ensure that the benefits of the inshore lobster fishery are distributed broadly to Indigenous and coastal communities across Atlantic Canada.”

First Nations also have commercial licences provided to them by DFO, which they can fish themselves or lease out.

Sipkne’katik has 15 commercial lobster licences, 10 scallop licences, 10 swordfish licences, four clam licences, nine herring/mackerel licences, two snow crab licences, one gaspereau licence, one tuna licence and one groundfish licence.

Sipekne’katik has open tenders on its website for the lease of five of its LFA 34 commercial lobster licences (which includes St. Marys Bay), its two LFA 33 commercial lobster licences, a swordfish licence and four bluefin tuna tags.

There is also an ongoing food, social and ceremonial fishery, which can be pursued outside the commercial season. The catch from that fishery is not allowed to be sold.

“Many First Nations harvesters are exercising their right to fish FSC lobster in St. Marys Bay in southwestern Nova Scotia, and our fishery officers are working  with those communities to protect the rights of First Nations harvesters engaged in this fishery,” Buott-Matheson said.

“Part of that protection is ensuring that the fishing complies with the Fisheries Act, and other associated regulations. As we do in all fisheries, our fishery officers are verifying gear for compliance, monitoring activities on and off the water and, where warranted, seizing gear and catch, and laying charges for violations under the Fisheries Act. Fishing activity occurring without a required licence or not in compliance with the conditions of the licence is subject to enforcement action.”

Buott-Matheson did not say whether DFO officers have laid any charges in relation to Fisheries Act violations on St. Marys Bay this summer.