Question Period Note: Indigenous Moderate Livelihood Fisheries - Atlantic Canada

Indigenous Moderate Livelihood Fisheries - Atlantic Canada

As Minister, conservation is paramount to me and we must work together to ensure the protection and sustainability of our fisheries.

The Government of Canada is committed to advancing reconciliation and renewing the relationship with Indigenous peoples, based on recognition of rights, respect, cooperation and partnership.

The Supreme Court of Canada recognized a treaty right to harvest in pursuit of a moderate livelihood for 35 First Nations across the Maritimes and the Gaspé region of Quebec. My department has been working with these communities to implement the right.

I believe it is possible to have a fishery that is peaceful, productive, and prosperous, and that also upholds the Marshall decisions and overarching conservation objectives.

Implementation of the right to fish in pursuit of a moderate livelihood:
For the 2021 fishing seasons, we put in place an interim approach for interested First Nations to advance moderate livelihood fishing in the short-term.

The interim approach is flexible and enables communities to implement moderate livelihood fishing plans, within established commercial fishing seasons.

DFO’s approach follows the Marshall decision and is based on three key principles: the implementation of treaty rights; conservation and sustainability of fish stocks; and, transparent and stable management of the fishery.

In acknowledging that these are interim measures, we are committed to continuing discussions with First Nations to increase their access to fish in pursuit of a moderate livelihood and provide for safe, orderly, and sustainable fishing for all harvesters.

Enforcement:
The Department’s priority while conducting enforcement is to consider the safety of all participants.

Any unauthorized fishing may be subject to enforcement action.

The enforcement posture of fishery officers will be, as it has always been, measured and proportionate.

This could include a variety of activities such as education, warnings, inspections, investigations, and prosecutions.

• Over the past 21 years, the Department has invested over $530 million for licences, vessels, gear and training in order to increase and diversify Marshall beneficiary First Nations’ participation in the commercial fisheries to advance the pursuit of a moderate livelihood right. These investments have resulted in meaningful economic benefits which continue to increase year over year. For example, annual landed value among these First Nations has increased from $3 million in 1999 to over $140 million in 2018, an increase of 4600 per cent. Additionally, another $52 million of yearly revenue is now generated through fisheries-related businesses (e.g., processing, aquaculture) owned and operated by Atlantic First Nations.
• In the Maritimes provinces, and the Gaspé and lower St-Lawrence regions of Quebec, the Department is currently in negotiations on Rights Reconciliation Agreements (RRA) with some of the 34 Mi’kmaq and Wolastoqey First Nations, and the Peskotomuhkati Nation at Skutik, 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 (five 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 three RRAs, one with the Wolastoqiyik Wahsipekuk First Nation (Quebec), one with the communities of Elsipogtog and Esgenoôpetitj (Mi’kmaq of New Brunswick), and with the Listuguj Mi’gmaq Government (Quebec). These communities represent 25 per cent of the population of the 35 First Nations that hold the treaty right.
• A number of First Nations have grown frustrated with the slow progress on RRA negotiations and have conducted their own fishing in pursuit of a moderate livelihood and have developed moderate livelihood fishing plans.
• 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.
• In an effort to make progress on this issue, DFO sought and obtained approval for additional flexibilities in negotiating RRAs, as well the ability to negotiate small scale moderate livelihood fishing plans for the 2021 fishing season.
• On March 3, 2021, the then DFO Minister announced a new path forward, putting in place an interim approach for interested First Nations to undertake moderate livelihood fishing that would take place during the regular commercial seasons. The First Nations’ reaction was overwhelmingly negative, whereas comments from industry were generally positive.
• However, since then, discussions on the interim approach to implement moderate livelihood fishing plans have continued, mainly between DFO and the KMK (Nova Scotia Mi’kmaq). In June 2021, an understanding was reached between DFO and Potlotek First Nation to recognize harvesters designated under the Potlotek moderate livelihood fishing plan to be authorized to fish lobster, using a DFO-issued licence, during the established commercial season. A similar understanding was reached with Annapolis Valley and Bear River First Nations in October 2021.Building Indigenous-industry relationships around the issue of moderate livelihood fishing is a priority as negotiations advance on RRAs or through the moderate livelihood fishing plans approach. To that effect, in October 2020, Ministers Bennett and Jordan appointed Allister Surette as Federal Special Representative, as a neutral third party to: gather the different perspectives on the issues contributing to the conflict; seek to build understanding and find common ground in order to reduce tensions between First Nations and industry; and identify opportunities to improve relationships. Mr. Surette submitted his final report and recommendations in March 2021, and DFO has made progress in implementing some of the recommendations.
• The Department continues to have regular and frequent meetings at various levels with the Atlantic fishing industry to answer questions on moderate livelihood issues and provide industry an opportunity to share its views.
• The House Standing Committee on Fisheries and Oceans undertook a study on the implementation of Mi’kmaq treaty fishing rights to support a moderate livelihood. A report with recommendations was published in May 2021, but was not tabled in Parliament before the federal election.

None