Question Period Note: Departmental Response to Unauthorized Lobster Fishing and tensions between harvesters in Southwest Nova Scotia

• Fisheries and Oceans Canada is responsible for the ongoing management of all fisheries; this includes enforcement, compliance and stewardship activities.
• The Department continues to work closely with Indigenous organizations, industry groups, and individual harvesters to ensure compliance with the Fisheries Act and regulations, and for peaceful and orderly fisheries that are accessible to all licence holders.
• It is imperative that we all work together to maintain sustainable fisheries, safe access to harbour facilities, to respect the rights of Indigenous harvesters, and to ensure coastal communities continue to thrive.

If Pressed – Moderate livelihood fishing, sale of Food Social and Ceremonial lobster in Southwest Nova Scotia and enforcement action regarding unauthorized fishing

• Fishing activity to meet the Aboriginal right to fish for Food, Social and Ceremonial purposes is authorized to happen outside of the commercial season. DFO evaluates harvesting management measures to make sure fishing practices don’t cause harm to the long-term sustainability of a species.
• The Supreme Court’s Marshall decision affirmed a treaty right to hunt, fish and gather in pursuit of a ‘moderate livelihood’. DFO is working with First Nations through the Rights Reconciliation negotiations process to implement this right.
• Fishing without a licence is a violation under the Fisheries Act and anyone fishing outside the activities authorized under a licence may be subject to enforcement action.

• A large protest by an estimated 500 harvesters happened Tuesday, September 15th at 5:00 am Atlantic at the Small Craft Harbour wharf in Saulnerville, Nova Scotia.
• Protesters were organized by commercial harvesters to speak out against what is perceived as DFO’s “inaction” to properly enforce the Fisheries Act and stop unauthorized fishing throughout Southwest Nova Scotia (SWNS), particularly St. Mary’s Bay which falls within the boundaries of Lobster Fishing Area 34.
• Protesters involved DFO’s Meteghan Conservation and Protection Detachment by unloading lobster pots (traps) on the property. The Meteghan Detachment has played an integral role in organizing enforcement operations to address unauthorized fishing, buying and selling in SWNS.
• Conservation and Protection (C&P) engaged with local law enforcement and Public Safety Canada to prepare for the protest. The Southwest Nova Scotia Area Office established an Incident Command Structure through which DFO’s local response to the protest was coordinated and managed.
• This was the second such protest in SWNS this season; the first occurred outside Minister Jordan’s constituency office in Bridgewater on August 27th.
• C&P compliance and gear hauling operations in St. Mary’s Bay have resulted in more than 500 lobster traps seized to date. However, focused operations on large-scale offenders continues, as well as educational collaboration with Indigenous community leadership in efforts to advance reconciliation.
• Tensions in Southwest Nova Scotia between Indigenous and non-Indigenous harvesters have steadily risen over the last three years regarding Indigenous lobster fishing in SWNS during the closed time for commercial lobster fishing: June to late November (commercial season opens in LFAs 33 and 34 on the last Monday in November).
• In the last two years, the number of Indigenous harvesters fishing for food, social and ceremonial (FSC) purposes, and moderate livelihood have noticeably increased.
• Commercial lobster harvesters have expressed concern that the level of fishing happening in the area, particularly St. Mary’s Bay which is a lobster nursery during the closed period, will result in permanent damage to lobster stocks.
• Indigenous harvesters maintain that they have right under the Marshall decision to fish for a moderate livelihood and that enforcement efforts by DFO (i.e. removing ‘moderate livelihood’ tagged traps) is a violation of this right.

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