Question Period Note: Subject: FSC Fisheries

• Food, social and ceremonial allocations are based on consultations between DFO and individual Indigenous communities; are only for the Indigenous harvester and/or their communities; and are not intended for sale.
• DFO is committed to working closely with all harvesters to ensure that the Fisheries Act is followed, and Indigenous fishing rights are respected. This includes observing fishing activities as DFO and harvesters share a common goal - that all fisheries be orderly, safe, and sustainable.
• DFO monitors and supports food, social and ceremonial fisheries; enforcement actions are taken to address illegal fishing and buying of catches.

• Fishery Officers in Nova Scotia conducted an investigation focusing on lobster caught in October 2017, under food, social and ceremonial licenses, and sold. By regulation, these catches cannot be sold.
• Fishery Officers traced lobster found inside indigenous FSC traps to the nearby Guang Da International lobster pound, then to the Halifax International Airport.
• August 26th 2020, the owner of the plant was found guilty of selling FSC lobster. Sentencing will occur on Nov 1st, 2020.

• 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).
• Access to commercial fisheries for the pursuit of a moderate livelihood will be through voluntary licence relinquishment, i.e. transferring access/licence through the open market.
• 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).
• 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.
• The Department continues to have Senior level departmental officials (including ADM, FHM) meeting with Atlantic lobster industry to provide status of stepped-up enforcement of illegal sales, answer questions on moderate livelihood negotiations and provide industry an opportunity to share their views.
• Building indigenous-industry relationships around the moderate livelihood fishery is a priority as negotiations advance on Rights Reconciliation Agreements.

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.

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