Four First Nations renew deal with DFO

Members of the Acadia, Annapolis Valley, Bear River and Glooscap First Nations will continue their moderate livelihood lobster fisheries in Nova Scotia this fall.

The Department of Fisheries and Oceans (DFO) previously announced that it has renewed an interim “understanding” with the First Nations for the fall lobster season in southwestern Nova Scotia.

Under the deal – first announced in October 2021 – DFO issues tags to the communities for 3,500 lobster traps for Lobster Fishing Areas 33, 34 and 35 (Bay of Fundy, southwestern Nova Scotia, south shore of province), which surround the traditional Kespukwitk District. The First Nations then issue the tags to their own members.

DFO noted the traps will be fished in a “distributed manner” across LFAs 33, 34 and 35, with a limit of 1,000 traps in LFA 35.

Under the agreement, the First Nations fishers will also be allowed to legally sell their catch through their community-developed Kespukwitk Netukulimk Livelihood Fisheries Plan.

In 1999, the Supreme Court of Canada ruled that Indigenous harvesters have a treaty right to catch fish to earn a moderate livelihood. A court clarification of the Marshall decision, however, also ruled the federal government can regulate the treaty fisheries to ensure the conservation of the lobster stock.

In the wake of the Marshall decision, the federal government spent nearly $600 million to buy up 1,200 commercial fishing licences – 347 of which were lobster licences – to transfer to Mi’kmaq and Maliseet First Nations.

The moderate livelihood issue has been one of contention with the lobster industry for decades – and most recently in the past few years – due to fisheries that take place outside of commercial seasons.

The 2020 lobster fishing season in Nova Scotia was marked by tensions as some First

Nations bands launched their own fisheries; frustrated by the lengthy passage in which DFO never properly defined moderate livelihood.

With those fisheries happening outside of commercial seasons, that led to clashes between commercial lobster harvesters and First Nations – particularly the Sipekne’Katik First Nation – with confrontations on land and at sea; and the vandalism of, and protests at, some lobster pounds.

The four First Nations identified at the start of this story that have reached deals with DFO were not part of those tensions or activities.

Ahead of the opening of the 2021 commercial lobster season, the four First Nations developed a fishing plan in cooperation with DFO.

Many hailed it as progress – seeing it as a step to calm troubled waters as DFO and the First Nations continued to negotiate the definition of a moderate livelihood fishery. Since then, several First Nations communities across Nova Scotia have signed interim understandings with DFO.

In an October news release, DFO said the renewed interim understanding for the 2022 fishing season shows progress in the collaboration between the department and First Nations to implement moderate livelihood fishing plans within the established season and under a DFO-issued Harvest Document.