Question Period Note: Indigenous Moderate Livelihood Fisheries

Indigenous Moderate Livelihood Fisheries

• Our government is committed to renewing its relationship with Indigenous Peoples.
• The Supreme Court of Canada recognized a right to harvest in pursuit of a moderate livelihood and DFO has been working at negotiation tables to implement the right in communities across the East Coast and Quebec.
• We also need to promote and monitor compliance of all harvesters with the Fisheries Act and its regulations. As such, fishery officers will take appropriate enforcement and investigative actions.
• We continue to work with Indigenous communities on fisheries programs and initiatives in a spirit of respect and reconciliation.

• The Department is currently in negotiations on Rights Reconciliation Agreements (RRA) with 34 Mi’kmaq and Maliseet First Nations, and the Peskotomuhkati Nation, with the objective of addressing and recognizing the historic treaty rights (Supreme Court of Canada Marshall Decision of 1999), including the right to fish for the purpose of pursuing a moderate livelihood, and to ensure a stable and predictable fishery for the benefit of all Canadians.
• These agreements are time-limited (10 years) with an option for renewal; provide for signatory First Nations to develop approaches to fishing to meet their particular objectives and importance to their communities, such as an emphasis on jobs or income; and put in place fisheries governance structures and processes to enhance the collaboration between First Nations and Fisheries and Oceans Canada (DFO).
• The Department has been successful in signing two RRAs, one with the Maliseet of Viger First Nation (Quebec) and the other one with the communities of Elsipogtog and Esgenoôpetitj (Mi’kmaq of New Brunswick).
• A number of First Nation members across the Atlantic Region have grown frustrated with the slow progress on negotiations and have conducted their own fisheries in pursuit of a moderate livelihood.
• The Department continues to have discussions with First Nations on the recognition of rights and encourages that this dialogue take place at the negotiation table and not on the water.
• Building indigenous-industry relationships around the moderate livelihood fishery is a priority as negotiations advance on Rights Reconciliation Agreements.

The Sale of Food, Social and Ceremonial (FSC) Catches • Food, Social and Ceremonial allocations are based on consultations between DFO and individual Indigenous communities; Food, Social and Ceremonial harvesting is only for the Indigenous harvester and/or their communities and allocations are not intended for sale.
• Fishery officers continue to monitor fishing activities in all Food, Social and Ceremonial fisheries, and have taken a range of targeted enforcement actions to address illegal fishing and buying of Food, Social and Ceremonial catches.
• We work with all harvesters to ensure that the Fisheries Act is followed, and Indigenous fishing rights are respected.
FSC
• Several court decisions have found that certain Indigenous groups have the right to fish for food, social and ceremonial (FSC) purposes – essentially, the right to fish to meet the internal needs of their communities. Following those decisions, DFO established a policy to provide FSC access to Indigenous groups across the country.
• FSC licences are developed following consultations with affected Indigenous groups and conditions of the licence are based on specific considerations present within each Indigenous community.
• Once a Communal licence is issued to a community, individual Indigenous harvesters are designated by their communities to access the FSC fishery, as specified under the Aboriginal Communal Fishing Licences Regulations.
• The Department’s position has been that FSC catches cannot be sold.
• DFO will continue to conduct monitoring, control and surveillance activities with the objective of ensuring access to orderly, safe and sustainable fisheries in support of the Department’s management objectives.

Eel Ground Snow Crab
• Eel Ground First Nation (EGFN) requested access to snow crab in order to prosecute what they called Moderate Livelihood Fishery resulting from the 1999 Marshall Decision. EGFN hold a snow crab licence but do not hold any quota.
• Members of the EGFN conducted an unauthorized lobster fishery this past summer which they called a Moderate Livelihood Fishery, in protest for not receiving any snow crab quota.
• EGFN agreed to stop fishing and have further discussions on the potential of fishing snow crab in 2020.