All Eyes on Mi'kma'ki

Mi'kmaw People Expand Moderate Livelihood Lobster Fishery


November 4, 2020. Members of Pictou Landing First Nation pick up their tags to participate in the moderate livelihood lobster fishery.

Mi'kmaw First Nations in Nova Scotia continue to expand their moderate livelihood lobster fishery. Chief Andrea Paul of the Pictou Landing First Nation (PLFN) announced on November 4 that her community had implemented its plan for such a fishery. "It was a great day, our fishers were really happy that we were finally moving ahead with our plan. So at 9 o'clock they started lining up to pick up their tags, they're very happy," she told CBC's Information Morning Nova Scotia. The PLFN, located on Nova Scotia's north shore on the Northumberland Strait, joins the Sipekne'katik First Nation that began its self-regulated moderate livelihood lobster fishery on September 17 in St. Mary's Bay in the southwest of the province, and the Potlotek First Nation that began its fishery in St. Peter's Bay on the south shore of Cape Breton on October 1. All three communities are exercising their rights as enshrined in the Peace and Friendship Treaties signed in 1760-61 between the Mi'kmaw people and the British Crown, supported by two Supreme Court rulings in 1999. The Membertou First Nation on Cape Breton has also indicated its intention to exercise its fishing rights in the near future.

The PLFN has published three documents on its website detailing how it will be managing its lobster fishery. The document titled "Netukulimk Livelihood Fisheries Policy and Protocol," explains that "Netukulimk is defined as the use of the natural bounty provided by the Creator for the self-support and well-being of the individual and the community by achieving adequate standards of community nutrition and economic and spiritual well-being without jeopardizing the integrity, diversity or productivity of the 'natural bounty.'

"The principle of Netukulimk has been the foundation of sustaining Mi'kmaw families, communities and society since time immemorial."[1] It further goes into matters such as the protection of Treaty Rights, sustainability of the fishery, economic, social, environmental and cultural principles, as well as maintaining peaceful relations with neighbouring communities, among other considerations, to guide the fishery. 

The document titled "Netukulimk Livelihood Fisheries Plan" goes into the practical measures and conditions that PLFN members must be in conformity with to be authorized by the PLFN to take part in the fishery, such as registration and identification, safety requirements, conservation measures and catch prohibitions, authorized fishing gear, as well as trap allotment.[2] An appendix to the plan provides the detailed requirements from Transport Canada for fishing vessel safety requirements.[3] The PLFN authorizes each fisher to use no more than 30 traps. The PLFN fishery will close from December 14 to May 1, 2021, the opening day of the commercial lobster fishing season in that area, which runs until June 30 with the exception of two small sections that open in May and end in July.

Contrary to attempts by the Canadian government, the Department of Fisheries and Oceans (DFO), and others defending monopoly right to portray the Mi'kmaw fishers as acting against the well-being of the fishery and to sow divisions with fishers who take part in the commercial fishery, reality shows this is not the case. The considered and disciplined approach toward the lobster fishery taken by the Mi'kmaw people and the just exercise of their sovereignty and treaty rights shows that they are part of the modern working class on Turtle Island that all together is striving for the recognition of rights and to exercise control over their conditions of life and work.



November 1, 2020. "All Eyes on Mi'kma'ki" demonstration in Montreal.

Ongoing Threat of State Interference

An October 30 press release from the Assembly of Nova Scotia Mi'kmaw Chiefs titled "DFO Planning Action to Seize Traps" shows the ongoing threat of interference from the Canadian state in the Indigenous fishery. It states:

"The Assembly of Nova Scotia Mi'kmaw Chiefs (Assembly) has received information indicating the Department of Fisheries and Oceans' Conservation and Protection Department may be moving in to seize community authorized gear and traps from the Mi'kmaw Moderate Livelihood fishery across Nova Scotia. The Assembly condemns this action and demands all planned action related to seizure is aborted.

"The Supreme Court of Canada has recognized the Mi'kmaq Right to fish for a moderate livelihood, and as also stated publicly by Minister Jordan herself, this fishery is legal. Therefore, the Mi'kmaq of Nova Scotia have remained clear, that we will continue to exercise our treaty right to fish and sell fish for a moderate livelihood.

"The DFO Conservation and Protection Department's continued negligence and harassment of harvesters fishing legally pursuant to their Treaty Rights is a direct violation of Constitutional Rights. The Minister of DFO has also been acting in bad faith during ongoing Consultations and in a manner inconsistent with the honour of the Crown.

"The Assembly is gravely concerned for the well-being and safety of Mi'kmaw harvesters and they are demanding that the harassment ends immediately."

It is crucial that everyone continue to stand with the Mi'kmaq, oppose any interference by the Canadian state in their fishery and demand that Canada adhere to its treaty obligations.

Support the Mi'kmaw Fishers in the Exercise of Their Treaty Rights!
All Eyes on Mi'kma'ki!

Notes

1. Netukulimk Livelihood Fisheries, Policy and Protocol, Version 7 (Final), October 2020

2. Netukulimk Livelihood Fisheries Plan, Version 7 (Final), October 2020.

3. Netukulimk Livelihood Fisheries Harvest Plan, Appendix I, Version 7 (Final), October 2020

(With files from CBC News. Photos: TML, Pictou Landing First Nation, No Border Media, Agent DNR)


This article was published in

Volume 50 Number 46 - November 28, 2020

Article Link:
All Eyes on Mi'kma'ki: Mi'kmaw People Expand Moderate Livelihood Lobster Fishery - Sarah Mullgrave


    

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