Nova Scotia

As the elver season opens, a First Nation is pushing back hard against DFO

In the upcoming weeks, Matthew Cope plans to anchor his cone-shaped fyke net along a river to catch juvenile eels, known as elvers. Despite lacking authorization from the Department of Fisheries, Cope, a Mi’kmaw harvester, asserts his treaty right to fish for elvers outside of federal regulations. Last year, Cope was arrested during an elver seizure in Dartmouth, N.S., and he expects a similar outcome this year.

The regulated elver season is set to open this weekend in Nova Scotia and New Brunswick, with DFO implementing regulations to bring control to the fishery. Millbrook Chief Bob Gloade issued a letter to DFO officials, stating the band’s refusal to adhere to the government’s elver management plan. The band argues that they are not subject to colonial licensing schemes and have the right to govern themselves.

DFO has expressed concerns about unauthorized harvesting driven by high elver prices. This season, half of the overall quota was given to 20 First Nations in Nova Scotia and New Brunswick. However, Gloade argues that dividing the quota among many groups minimizes the benefit for each fisherman. Millbrook has developed its own elver management plan, which emphasizes safety, accountability, and compliance.

DFO acknowledges its role in supporting treaty rights but asserts its authority in licensing the fishery. One major change this year is the requirement for elver fishers to log reports through a traceability app. Noncompliance with licensing conditions may result in enforcement action by DFO.

Gloade stated that Millbrook will provide legal support for members charged by DFO under the Fisheries Act. The band has restrictions on fisheries officers entering their land without permission and inspecting elver holding facilities. Gloade warned of potential actions against DFO if members’ rights are infringed upon.

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Commercial license holders, like Stanley King of Atlantic Elver Fishery Ltd., emphasize the importance of working with DFO in the fishery to ensure accountability and market value. Riverside cameras have already detected early fishing activity, highlighting the need for enforcement.

In conclusion, the elver fishery in Nova Scotia and New Brunswick is facing challenges due to unauthorized harvesting and conflicting perspectives on regulations. The tension between Indigenous treaty rights and federal licensing requirements underscores the need for collaboration and adherence to established management plans.

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