‘The rule of law is completely broken down here’
Fishing organizations demand ban on all out-of-season lobster fishing
Fisherman's associations in southwestern Nova Scotia are demanding the federal Department of Fisheries and Oceans “ban all out-of-season lobster fishing in the Maritimes region during peak lobster reproduction periods.”
This is the week the commercial lobster fishery in Digby and the rest of LFA 35 opened. But it's what happens when seasons are closed that has the fishery groups concerned.
Coldwater Lobster Association, Bay of Fundy Inshore Fishermen's Association, Brazil Rock 33/34 Lobster Fishermen's Association, Scotia Fundy Inshore Fishermen's Association and the Maritime Fishermen's Union (MFU) Local 9 are demanding action after aboriginal fishermen exercised their treaty right to fish for a moderate livelihood in Digby County waters outside the commercial season.
In past years during closures, fishermen have also raised concerns over what they have called illegal fishing that has taken place — with some people carrying out this activity under the guise of the aboriginal fishery.
“Lobster fishing seasons throughout the Maritimes region are imposed primarily for the protection of lobster during its moulting stages. Harvesting lobster at this critical time is reckless and unacceptable,” reads the letter from the five associations to Mary-Ellen Valkenier, regional director general for the Maritimes Region. “The fragile nature of the animal during this time will lead to high mortality due to the softness of the shell and the inevitable damage and destruction done to the female lobsters carrying eggs. The severe magnitude of the damage being done in specific areas by out-of-season fishing will not only be felt in the upcoming season but in numerous seasons to come for the commercial fishery in these areas."
The groups say in their letter that the economic impact on the communities that rely on the lobster fishery as their main source of revenue will be devastating over time. They say these communities are comprised predominantly of commercial fishermen and their families and they deserve better from their government and affiliated governmental departments such as Fisheries and Oceans Canada (DFO), Canadian Food Inspection Agency (CFIA) and Border Services.
“We feel it is incumbent on the DFO to ensure that this ban is enforced in the name of science, conservation, and the future of the fisheries. We will no longer tolerate that fishing activities be formally authorized by the DFO during the critical period when biological processes necessary for the species' reproduction are occurring, as identified by your own DFO science department," reads the letter. "DFO's principal mandate is ‘conservation' and protection of our oceans and the species that inhabit our waters; this is the linchpin of all successful fisheries. The out-of-season lobster fishery that is being carried out in certain coastal areas undermines this very mandate. Our associations and commercial harvesters have supported regulated fishing seasons with the understanding that we all have to conserve and protect species that we harvest on behalf of all Canadians."
The fishing groups are requesting a meaningful discussion with government and other stakeholders to ensure the practice of out-of-season lobster fishing stops.
"We must have a response to our request in the coming days as this type of activity is completely out of hand in certain areas of Maritime, Gulf, and Quebec regions and must stop, and stop now," reads the letter.
Colin Sproul, president of the Bay of Fundy Inshore Fishermen's Association, said the fishing organizations also called on DFO for the immediate seizure of F/V Treaty Defender “given its illegal actions in the Bay of Fundy on Oct. 3” and “the immediate removal of all improperly identified lobster traps from the fishing area. These actions must be taken by Fisheries and Oceans Canada (DFO) to ensure the sustainability of the lobster resource and to uphold the rule of law in our region.”
Sproul said there has no action from DFO.
“The rule of law is completely broken down here. The government will not enforce the law and now it worries me about what the future is… you can't have a lawless society and I'm not putting this on First Nations or fishers, I'm not putting it on anybody but the government," he said. "They won't deal with First Nations and they won't deal with us. Government could give clarity on this situation. They could buy these people access and get them set up to make a moderate livelihood and move on. This is squarely in the lap of government.”
In early October, with around two weeks to go until the start of the commercial lobster season in Digby, a group of Indigenous fishermen were hauling lobster traps in Digby and bringing the catch to shore. Sipekne'katik First Nation Chief Michael Sack said the group was just exercising its right to fish and sell their catch for a moderate livelihood.
"We have a reserve. We have a lot of people in poverty, so it's a revenue stream of our people and we're here to support that," said Sack in an interview with CBC.
The chief confirmed that they were not fishing for food, social and ceremonial purposes.
"We'll catch. We'll sell it, and we'll continue to do it and make a livelihood," he said in the interview.
DFO has said in the past that it has been working with First Nations on the issue of fishing for a "moderate livelihood," which was included in the 1999 Supreme Court Marshall decision.