Question Period Note: Anticipated Unlicensed Fishing (Lobster and Crab)

• The commercial lobster and snow crab fisheries are important economic drivers in coastal and Indigenous communities, and must be managed in a safe and sustainable manner for the benefit of all Canadians.
• Fishing for lobster, and to a lesser extent snow crab, for sale outside the commercial fishery has increased in recent years, with unauthorized harvesting observed last fall as an assertion of Aboriginal and treaty rights. Fishing activity was met with conflict and, in some cases, violence on the water: this is unacceptable.
• Our government remains focused and committed to work with First Nations to implement their constitutionally protected, Supreme Court affirmed right, while ensuring that fisheries remain safe, productive, and sustainable for all harvesters.
• For both conservation and safety reasons it is important that rights-based fishing access is addressed through consultation and negotiation.

• Lobster fishing in North America dates back millennia. Post-Confederation, lobster fishery management practices date back almost 150 years, with the first known regulation occurring in 1873. Today, lobster fishing takes place across Atlantic Canada, with many stocks at or near historic highs.
• Inshore lobster fishing represents a longstanding feature of social and economic life in rural communities in the Maritime Provinces. It is a key component of communal commercial fisheries in the region. In recent years, employment is estimated for approximately 7,500 people. Lobster accounts for about 45% of the total landed value for Maritimes Region, with landed value exceeding $700 million.
• Lobster fishing seasons vary by area. An important conservation consideration is seeking to minimize the interaction of the fishery with important life history stages, including mating and moulting.
• The spring lobster fisheries in Maritimes Region, located in Eastern Nova Scotia, consist of Lobster Fishing Areas (LFAs) 27 to 32.The first areas are scheduled to open on April 19th.
• The fishing seasons for snow crab also vary. The first fishery in Maritimes Region opened on March 15th. The snow crab fisheries are managed under total allowable catches.
• In the September 1999 Marshall decision, the Supreme Court of Canada affirmed a treaty right to hunt, fish, and gather in pursuit of a moderate livelihood, this was followed in November 1999, with a clarification that the government can regulate the exercise of the treaty right if justified in accordance with constitutional requirements.
• The court also noted the complexity of balancing competing interests and accommodating the treaty right, and encouraged the negotiation of agreements to accommodate the right.
• AICFI provides funding and support to First Nations affected by the Marshall decision to build the capacity of their communal commercial fishing enterprises and to strengthen community economic self-sufficiency. Presently, 34 of 35 eligible First Nations participate in AICFI.
• The value of Indigenous communal commercial landings has increased in Atlantic Canada, from $3 million in 1999 to over $120 million today.
• Employment in the sector has grown in conjunction with revenues: Mi’kmaq and Maliseet First Nations’ communal commercial fishing enterprises currently employ 1,669 people, of which 1,310 are fish harvesters and 358 are land-based employees.
• The Mi’kmaq and Maliseet’s share of the overall fishery in the Maritimes has grown from virtually nil at the time of the Marshall decision, to today where they have more than six percent of the landed value for the key species fished.

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