Question Period Note: Indigenous Moderate Livelihood Fishing – Atlantic Canada

Indigenous Moderate Livelihood Fishing – 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 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 affirmed the treaty right to fish in pursuit of a moderate livelihood. My department has been working with 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:
We put in place an 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.

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.

Enforcement by 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, DFO has invested over $550 million in fishing licences, vessels, gear and training to help increase and diversify participation in commercial fisheries, and to advance the implementation of the right to fish in pursuit of a moderate livelihood, for the 34 rights-holding Mi’kmaq and Wolastoqey First Nations and the Peskotomuhkati Nation at Skutik (Treaty Nations). These investments have resulted in meaningful economic benefits which continue to increase year over year. For example, annual landed value among these Treaty Nations has increased from $3 million in 1999 to over $140 million in 2018, an increase of 4600 per cent. Additionally, over $50 million of yearly revenue is now generated through fisheries-related businesses (e.g., processing, aquaculture) owned and operated by Atlantic First Nations.
• DFO is currently negotiating Rights Reconciliation Agreements (RRA) with some Treaty Nations, with the objective of addressing and recognizing their historic treaty right (affirmed by the Supreme Court of Canada’s Marshall decisions of 1999) and to ensure a stable and predictable fishery for the benefit of all Canadians.
• These agreements are time-limited (five to 25 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 DFO.
• Three RRAs have been signed with four Treaty Nations: the Wolastoqiyik Wahsipekuk First Nation (Quebec), Elsipogtog and Esgenoôpetitj First Nations (New Brunswick), and the Listuguj Mi’gmaq Government (Quebec). These communities represent about 25 per cent of the population of the 35 First Nations that hold the treaty right.
• DFO continues to have discussions with Treaty Nations on the recognition of rights and encourages that this dialogue take place at the negotiation table.
• Some Treaty Nations have grown frustrated with the slow progress of RRA negotiations or are uninterested in negotiating RRAs. Some have recently been fishing outside the commercial fishing seasons, citing their right to fish in pursuit of a moderate livelihood.
• In an effort to make progress on this issue, in the fall of 2020 DFO obtained approval for additional flexibilities in negotiating RRAs, as well the ability to negotiate small scale Moderate Livelihood Fishing Plans (MLFPs).
• On March 3, 2021, the DFO Minister at the time announced a new path forward, putting in place an interim approach for interested Treaty Nations to undertake moderate livelihood fishing that would take place during the regular commercial seasons through MLFPs. The Minister also reiterated DFO’s commitment to acquiring fishing access through already available licences and a willing buyer-willing seller approach. The Treaty Nations’ reaction was largely negative, whereas comments from industry were generally positive.
• However, since then, discussions on the interim approach to implement MLFPs have continued, mainly between DFO and the Kwilmu’kw Maw-klusuaqn (Nova Scotia Mi’kmaq). In June 2021, an understanding was reached between DFO and Potlotek First Nation in Nova Scotia to recognize harvesters designated under the Potlotek Moderate Livelihood Fishing Plan to be authorized to fish lobster, under a DFO-issued licence, during the established commercial season. A similar understanding was reached with Annapolis Valley, Bear River, and Acadia First Nations in Nova Scotia in the fall of 2021.
• Supporting Indigenous-industry relationships around the issue of moderate livelihood fishing is a priority as negotiations advance on RRAs or through Moderate Livelihood Fishing Plans. To that effect, in October 2020, the Ministers of Fisheries, Oceans and the Canadian Coast Guard and the Minister of Crown-Indigenous Relations 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 Treaty 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 non-Indigenous fishing industry stakeholders to answer questions about moderate livelihood fishing and provide industry an opportunity to share its views.
• In the last Parliament, the House of Commons 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 40 recommendations was presented to the House in May 2021 before the Committee was dissolved ahead of the September 2021 federal election. Following the election, the Committee was reconstituted and a notice of motion has been entered to adopt the moderate livelihood report from the previous Parliament. A Government Response may be requested by the Committee.

None