Global Courant 2023-04-25 14:00:00
The head of Lennox Island First Nation says it will fish 1,000 traps this year in the spring lobster fishery off PEI’s North Shore as part of its treaty-protected fishery — regardless of whether the Department of Fisheries and Oceans approves it.
The First Nation planned to do the same last year, but eventually came to an agreement with DFO to fish no more than the 300 traps the federal government could approve in the spring, later fishing another 700 off the South Shore as part of the fall lobster fishery.
Chief Darlene Bernard said she has always been clear about her community’s intent to fish all 1,000 traps from their own wharf on Lennox Island by spring 2023, and now they will continue.
“Our plans are exactly what we said they would be last year,” Bernard told Lennox Island’s CBC News on Monday.
“We have 10 people, 10 young families, young fishermen excited to get started. I signed their designation forms with the band government this morning and they will be ready to get going. And I think everyone is very excited about it.”
Bernard said she is not concerned about whether the Canadian government “approves” her country’s fishing in Lobster Fishing Area 24 (LFA 24).
“We’re trying to do this the right way, the right way, and we shouldn’t be penalized for that. In some ways I think we are,” Bernard said. (Nicola MacLeod/CBC)
“What the DFO has to do on their part to appease who they have to appease… We don’t need the DFO’s traps or tags and we don’t need their permission,” she said.
“I’d like to have an appointment with them… All we’re trying to do here is exercise our rights.”
‘The limitation’
Both DFO and the federal minister responsible for it, Joyce Murray, recognize Mi’kmaw’s right to fish for a moderate subsistence – first enshrined in treaties in the 18th century and affirmed and later clarified by the Supreme Court of Canada.
But the federal department has been trying to implement a moderate subsistence fishery (or treaty-protected fishery) by buying up commercial licenses in different regions and redistributing them to First Nations so that the same amount of lobster comes from Atlantic waters.
Banking licenses that people have put on the market… that depends on willing sellers at a market price. That is sometimes the limitation.— Federal Secretary of Fisheries Joyce Murray
Asked whether the DFO could have purchased additional permits to support Lennox Island’s plans to fish 1,000 traps in LFA 24 by 2023, the minister said: “We are working on that.”
Murray told CBC News in an April 14 interview, “Banking licenses that people have put on the market… that depends on there being willing sellers at a market price.
Federal Fisheries Secretary Joyce Murray said it is not easy for DFO to obtain commercial lobster licenses that are sold when someone stops fishing or stops fishing. (Paul Withers/CBC)
“That’s the constraint sometimes and DFO, our (Regional Director General) and his team, are doing their very best to find that capability that every (First) Nation is looking for — and sometimes it takes a bit of time.”
‘My position has not changed’
Bernard said she notified the regional director of Lennox Island’s plans.
“They knew exactly where I came from last year and my position hasn’t changed and won’t change… If you want to protect rights, you have to practice them. You can’t put them aside,” she said.
“I hope everyone will respect our right to a treaty-protected fishery and be unbiased about what we’re trying to do here.”
Lennox Island’s wharf was empty of boats on Monday, but by Saturday it will be filled with the boats of the country’s commercial crews and lobster fishing crews. (Nicola MacLeod/CBC)
Some First Nations in the Maritimes have chosen to make deals and sign rights reconciliation agreements with the federal government in pursuit of greater autonomy in their fisheries. For example, earlier this month in Scotchfort, PEI, Abegweit First Nation along with Murray and DFO officials announced its Collaborative Fisheries Management Agreement.
Bernard said she didn’t have the blessing of her community to go that route.
“If I signed the agreement, we would get money, but we wouldn’t be able to launch those 10 boats before those 1,000 traps for our youth and my community.
We’re not going to sign agreements unless they respect the rights.— Chef Darlene Bernard of Lennox Island
“I’ve had countless, countless engagements with (my community) over the past year,” she said. “We’re not going to sign any agreements unless they respect the rights.”
Some DFO employees are now taking part in the Public Service Alliance of Canada strike, but in an April 14 email to CBC News, officials said, “Lennox Island First Nation expressed its intention to resume a treaty-based operation this year. protected fisheries. DFO continues to work with the First Nation to fulfill this request.”
Lennox Island is once again planning to keep its treaty fishing within the dates of its commercial season, which is scheduled to start Saturday in LFA 24.
