Potlotek files injunction against DFO

Potlotek First Nation has filed an injunction against the federal Department of Fisheries and Oceans in relation to the community’s moderate livelihood fishery, which started its lobster fishing season on April 30 in St. Peter’s Bay.

The department confirmed that fisheries officers seized 37 traps that day from Potlotek harvesters that did not have a licence to fish under the Fisheries Act.

Fisheries Minister Bernadette Jordan announced in March that moderate livelihood fisheries would be required to obtain fishing licences through her department and to fish within the commercial seasons, a move that angered all 13 First Nations chiefs in the province.

Potlotek’s Chief Wilbert Marshall said the legal action against the Canadian government challenges the validity of its authority over the moderate livelihood fisheries that were negotiated in the 176061 Peace and Friendship Treaties between the British and the L’nu and were affirmed in the Supreme Court case of Donald Marshall Jr. in 1999.

“There’s a big difference between rights and privileges. We have every right to be out there,” Marshall said.

“Hopefully this will keep them off our backs and let our guys and women fish. They’re out there just trying to make an honest living. We’re going to fish as peacefully as possible. We don’t want to fight with anybody, but they have to respect our rights.”

The Assembly of Nova Scotia Mi’kmaw Chiefs agrees the new rules, which is the first time a regulatory framework has been put in place in the 21 years since the Marshall decision, unjustifiably infringe on the L’nuk’s right to fish for a moderate livelihood, and the organization is supporting Potlotek’s legal action.

Marshall said the harvesters whose traps were seized by DFO were approved under the community’s self-regulated Netukulimk fishery plan.

This is the second legal action the First Nation community in Richmond County has taken this year in support of its harvesters. In February, Potlotek announced it was suing the provincial government over rules that prevent seafood caught by moderate livelihood fishers from being sold legally. That case is ongoing.

Marshall has been consistently clear that his community’s fishery would not be following the rules set out by DFO, but would develop and follow a Netukulimk fishing plan that respects conservation and treaty rights.

Marshall said DFO did not have jurisdiction to seize the traps on April 30 in St. Peter’s Bay, and, while there is some anxiety among his community’s harvesters, they will continue to fish.

“Our community members are kind of hesitant to take their gear out right now because DFO is going to take it on them. They’re scared to death of that because they don’t have enough money to buy new gear because they’re actually buying their own traps and everything,” he said.

“But we’re not backing down. We’re going to keep fishing and we’re going to be right behind our community and they’re totally infringing on our rights and at this point, it appears DFO only wants to continue to oppress our people.”

The Department of Fisheries and Oceans has not yet responded to a request for comment.