Lobster harvesters in southwest N.S. say deal with Indigenous groups is being abused

Lobster harvester associations in southwest Nova Scotia have withdrawn support for an arrangement that authorizes four First Nations in the area to implement their treaty right to fish for a moderate living.

On Thursday, fishing groups claimed the “interim authorization” approved this year by Fisheries and Oceans Canada (DFO) contains a change that allows moderate livelihood traps to be fished by non-Indigenous harvesters who lease commercial lobster licences held by First Nations.

“It’s a clear breach of good faith between the fishing communities of southwest Nova Scotia and the federal government,” said spokesperson Colin Sproul of the Bay of Fundy Fishermen’s Association.

The claim was explicitly denied in a Facebook post Thursday night by the Assembly of Nova Scotia Mi’kmaw Chiefs that said the associations “continue to perpetuate misinformation, increasing violence and tension for our harvesters on the water.”

“These fishing associations that do not operate on a rights-based system must be held accountable for their continued rhetoric and discriminatory social influence.”

The four First Nations in the Kespukwitk district, as the area is called by the Mi’kmaq, hold 38 communal commercial lobster licences. It’s not known how many are rented out to non-Indigenous harvesters.

Conflicting claims

After this story was published the Department of Fishes and Oceans issued a statement refuting the associations’ claims.

“Fishing both DFO-authorized moderate livelihood traps and communal commercial traps from the same vessel is in no way supported as part of the moderate livelihood understanding formed by the community-developed moderate livelihood fishing plans and a DFO-issued authorization,” spokesperson Lauren Sabkey said.

“This was clearly communicated to members of the commercial inshore lobster industry, including during a meeting with DFO on Wednesday.”

But according to the industry groups, Michael Leonard, director of Indigenous fisheries management for DFO’s Maritimes region, said during a briefing on Wednesday that an option known as stacking, or allowing one boat to fish under two licences, is taking place.

“Today there is moderate livelihood access stacked with communal commercial fisheries in lobster fishing district 33 [on the province’s south shore] with non-Indigenous people on board the boat operating the fishery. That totally flies against the fundamental principle of the deal that we were asked to support,” Sproul said.

Sproul also speaks for the Brazil Rock Lobster Association, Coldwater Lobster Association and Scotia Fundy Inshore Fishermen’s Association.

The assembly post says otherwise.

“Trap allocations cannot be stacked on non-designated vessel(s) or with other allocated access including food, social and ceremonial and commercial fisheries,” the post said.

The assembly says what it calls a treaty rights protected lobster fishery is for Mi’kmaq only, with conservation measures that include wharf-side monitoring and mandatory reporting using an electronic log book.

The interim authorization announced last week by DFO approved 5,250 moderate livelihood traps to be shared between the Wasoqopa’q (Acadia), Annapolis Valley, Bear River and Glooscap First Nations. across lobster fishing areas (LFA) 33 and 34, which run from Halifax to Digby and LFA 35 in the upper Bay of Fundy, where there is a limit of 1,000 traps.

According to DFO, each First Nation designates community members who want to fish in pursuit of a moderate livelihood under their plan. These identified community members are then designated as authorized harvesters under the licence issued by DFO.

The assembly released its own plan Thursday night saying 63 authorized harvesters will fish using 6,300 traps from 21 designated vessels.  

Last year, DFO announced it had approved 3,500 traps for the four First Nations. It later quietly increased the number by 50 per cent to 5,520 traps. The allocation was never announced and the incorrect lower number remains on the DFO website.

This is the latest flare up over Indigenous lobster fishing in Nova Scotia.

The assembly says the number of treaty rights-protected traps is miniscule compared to the commercial fleet in southwest Nova Scotia, which has nearly 1,800 licence holders.

Moderate living recognized, but not defined

The right to earn a moderate living was recognized — but not defined — by the Supreme Court of Canada more than 20 years ago in the Marshall cases.

The court also ruled Canada has the right to regulate moderate livelihood fisheries for conservation and other reasons.

Since the Marshall decisions, Canada has spent over $530 million for licences, vessels and gear, and training in order to increase First Nations’ participation in the commercial fisheries and pursue moderate livelihoods.

The fishing sector associations complain DFO has not done enough to stop a black market lobster fishery fuelled by the harvest of lobster caught under food, social and ceremonial licences that do not permit the sale of the catch.

In the fall of 2020, commercial fishermen reacted violently when the Sipekne’katik First Nation launched its own out-of-season, unauthorized moderate livelihood fishery. Two lobster pounds holding their catch were barricaded and, in one case, burned to the ground.