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It’s not the case. … It’s interesting because I’ve worked with hundreds of lobstermen on the coast of Maine, and the lobstermen all prefer soft shell—and I do, too—but there is [higher] market value [for] hard shell. APTN's Trina Roache joins host Dennis Ward in studio from Halifax to give context and analysis of the lobster conflict raging in Nova Scotia. The RCMP charged two men with assault. Canada’s highest court has refused to hear a Mi’kmaw fisherman’s appeal to have legal costs covered in a lawsuit against Ottawa – a potentially groundbreaking case seeking to define treaty fishing rights. … If you compare this to the lobster fishery writ large in Atlantic Canada or in the State of Maine, the traps are a small fraction of the actual effort. The commercial fishers claim the protests are to protect the lobster population, insisting that catching lobsters out of season threatens this valuable resource. The Mi’kmaq signed Peace and Friendship Treaties in the mid 1700s and these treaties never ceded land. Aug 28, 2018 | 4,900 words, about 25 minutes, Oct 23, 2020 | 2,300 words, about 11 minutes, Made next to the in Victoria, Canada - ISSN 2371-5790. Non-Indigenous harvesters have protested Mi’kmaq-run fishery in operation since September. Bob Steneck, a lobster biologist at the University of Maine, who specializes in marine biology and marine policy, Susanna Fuller, the vice president of operations and projects at Nova Scotia–based NGO Oceans North, who works in fisheries science, policy, and economics in Atlantic Canada and the Eastern Arctic, Tony Charles, a management scientist at Saint Mary’s University in Nova Scotia, who studies sustainability issues in coasts, oceans, and fisheries, Megan Bailey, a fisheries scientist at Dalhousie University in Nova Scotia, who specializes in fisheries economics, management, and marine policy, Omer Chouinard, a professor emeritus of sociology and environmental studies from the Université de Moncton in New Brunswick, who helped found the Maritime Fishermen’s Union in 1977. A fishing boat owned by an Indigenous fisherman was burned as the conflict turned violent. But we have to come to a place where we can talk about all the issues on the table, because if we don’t resolve the violence and the anger—what people are feeling—then we’re not going to get to that spot. "The acts of violence we have seen in the past days and weeks are disgusting, unacceptable, racist in nature," Indigenous Services Minister Marc Miller said. Parliament to hold emergency debate on indigenous fishing conflict Back to video “The acts of violence we have seen in the past days and weeks are disgusting, unacceptable, racist in nature,” Indigenous Services Minister Marc Miller told a briefing on Monday, as Ottawa provided more police resources to tamp down clashes. The overall solution to this particular current dilemma is not to simply increase the number of traps and increase the length of fishing time by itself. Not all U.S. presidents are missed once they leave the White House. Hakai Magazine: There are currently 10 Sipekne’katik moderate livelihood license holders fishing with a total of 500 traps in St. Marys Bay, following the nation’s lobster management plan. They believe in the closed seasons that are set, and they believe that they’re fishing as much as they should be fishing. Webinar: Rethinking Health After COVID-19, Health Innovations From COVID-19 | May 18 | 1:00 p.m. Newfoundland & Labrador > Business > Local Business Fishermen clash over Mi’kmaq fishing rights, observers warn tensions running high. The Supreme Court of Canada ruled in 1999 that the Mi'kmaq First Nation had the right to hunt and fish for a "moderate livelihood" in their traditional territory. To get to the heart of that argument, Hakai Magazine spoke with a range of experts to find out if the Sipekne’katik fishery poses a real threat to lobster conservation, or if something else is going on in St. Marys Bay. In September 1999, the Supreme Court of Canada affirmed the treaty rights of the Mi'kmaq, Maliseet and Passamaquoddy bands in Eastern Canada to hunt, fish and gather to earn a "moderate livelihood." I would love to see a study that would look at coves where [the Sipekne’katik are] fishing—a before-after control-impact study. But we are talking about one [Mi’kmaw] band exercising their right. … There are regulations across the lobster fishing areas about bringing up egg-bearing females, because that can happen months after this time period. Since late August, tensions have arisen between commercial and Indigenous fishermen in regards to lobster fishing. A Mi'kmaq First Nation fishing boat leaves the harbour, as non-native commercial fishermen protest against a Mi'kmaq lobster fishery, in Saulnierville, Nova Scotia, Canada October 19, 2020. Hakai Magazine: If the current scale of the Sipekne’katik moderate livelihood fishery is not a conservation concern for the lobster population, why has it been so contentious? On Friday, October 16, Prime Minister Justin Trudeau said that his government … During the off-season, non-Indigenous fishermen give the crustaceans time to molt and to reproduce. How do moderate livelihood fisheries fit into a hierarchy of fishing rights? Over two decades ago, in 1999, The Supreme Court of Canada ruled in R. v. Marshall that the Mi’kmaq have a right to fish in order to provide themselves with “moderate livelihood.”. The average number of traps [per license] is 300. Early Monday morning, flames engulfed a fishing boat belonging to a Mi’kmaw fisherman from the Sipekne’katik First Nation at a southwestern Nova Scotia wharf. And that is going to be hard. Vanessa Minke-Martin “Mi’kmaw Fishery Dispute Is Not About Conservation, Scientists Say,” Hakai Magazine, Oct 9, 2020, accessed May 16th, 2021, https://www.hakaimagazine.com/news/mikmaw-fishery-dispute-is-not-about-conservation-scientists-say/. It’s a year-round fishery, and fishermen have about three times as many traps as Atlantic Canada. Indigenous nations have a fraught relationship with the Royal Canadian Mounted Police (RCMP), the force responsible for policing in much of rural Canada. Bailey: There’s nothing inherently sustainable or unsustainable about that particular fishery. Rising prices cooled consumer enthusiasm in early May. Charles: In the regular commercial lobster fishery [in Lobster Fishing Area 34], that’s something like one person’s lobster traps. On land, however, the situation continues to evolve. Chouinard: It’s not an easy thing, you know, because our history is a colonial history. The former vice president has become the Democratic front-runner with primary victories across the country. The Assembly of Nova Scotia Mi’kmaw Chiefs have declared a State of Emergency as tensions rise in response to a Mi’kmaw rights-based fishery. "This isn't a military operation, it is a peacekeeping operation," he said. Excluded from these negotiations, commercial fishers continue to protest outside DFO offices in Nova Scotia, questioning the sustainability of the Sipekne’katik fishery. Around Nova Scotia, the opening of the lobster fishing season is staggered throughout the year. The proposed commission would include five members from each party, and the scope would be limited to Jan. 6 and the events leading up to the riot. Her work focuses on the interactions between scientific data, cultural knowledge, and values. There will be other bands. ", (Reporting by Moira Warburton in Toronto; Editing by Tom Brown). The documentary centres around the summer of 2000 conflict between federal fisheries and Mi’kmaq fishermen in Burnt Church, New Brunswick. It’s the subsistence fisheries, and the moderate [livelihood] fisheries. The ruling, known as the Marshall Decision, was made in the case of Donald Marshall Jr., a Mi’kmaw man convicted by a lower court for catching and selling eels out of season. The suspicious fire is the latest in a weeks-long saga of conflict between Indigenous lobster fishers and non-Indigenous commercial fishers. You have to be at the table with the federal government, with the First Nation, and with commercial fishermen to try to arrive at a compromise. Share. Underlying these conflicts is a court ruling, made in 1999 by the Supreme Court of Canada, which determined that Mi’kmaw people—based on rights secured in the 1760–61 Peace and Friendship Treaties between East Coast First Nations and the British Crown—can fish year-round and earn a moderate livelihood selling the catch without a commercial license. There is worry the unrest will flare up again when commercial lobster season opens, and Indigenous and non-Indigenous fishers are on the water at the same time. Sproule argues that this conflict isn’t about Indigenous fishermen trying to make a living, but, as he states in a Facebook post, that “a majority of the Chiefs, no matter their public assertions are intent and currently negotiating to gain more commercial fishery access that they can lease out to non-indigenous fishing companies for immediate returns. Clashes over the weekend and earlier last week involved hundreds of people outside lobster pounds that handle indigenous-caught lobster. … So, that is an evolving space in terms of how this fishery scales up. Once the boats returned, shouting matches between non-native and Mi'kmaq fisherman begin, after hundreds of native traps were destroyed. In Atlantic Canada, we have about 3,000 lobster licenses. Steneck: The American lobster—the same lobster in Canada and in Maine—is perhaps the only species on the planet that’s been targeted for 150 years and is, by and large, doing better today than ever before. Conflict over Mi’kmaq lobster fishing continues in Nova Scotia | APTN News - YouTube. The conflict stems from a dispute over lobster fishing between commercial fisherman and Mi’kmaq fisherman, which has led to violent attacks and destruction perpetrated against the Mi’kmaq fishermen and their property. For Tanner Augustine, a St. Thomas University Mi’kmaq student from Elsipogtog First Nation, the current conflict between commercial and Indigenous fishermen in St. Marys Bay, Nova Scotia, hits close to home. First Nation community has chance to host an NHL pre-season game . Bailey: Can we have collaborative coexistence of a commercial sector and an Indigenous sector? to the Atlantic Canadian fisheries are increasing Mi’kmaq involvement in fishery management. In the 21 years since, DFO and Mi’kmaw chiefs have not come to an agreement on how moderate livelihood fisheries should look in practice. New CDC Mask Guidance Sparks Praise, Questions, DHS Warns of Terror Threat as Crowds Return, Russia Adds U.S. to ‘Unfriendly Country’ List. Tensions continue to rise in Nova Scotia between Mi’kmaq Indigenous Peoples and non-Indigenous groups. Later, the Supreme Court clarified that DFO can limit this right for conservation purposes. Vanessa Minke-Martin is a science writer and fish biologist with a Master of Science from the University of British Columbia. METEGHAN - An Indigenous band councillor and two fishermen are facing charges in relation to tensions that erupted on the water after a Mi’kmaq First Nation launched a … HALIFAX -- A Mi'kmaq First Nation that encountered violence after launching a self-regulated lobster fishery last fall has filed a lawsuit against non-Indigenous fishers in … … The additional mortality impact of the current scale of the livelihood fishery—I don’t think is a conservation concern. Beginning on September 17, the day the Sipekne’katik nation launched its self-regulated lobster fishery, a multi-day standoff between Indigenous and non-Indigenous fishers led to violence on wharves in Saulnierville and Weymouth, Nova Scotia. Parties being, you know, fishing association heads and government heads and First Nations leaders. She lives in Victoria, British Columbia, far from the fresh waters of her childhood in southern Ontario. Of course, there is the question of other First Nations starting up fisheries as well. On the water in St. Marys Bay, Sipekne’katik fishers are now setting and hauling lobster traps without obstruction. So, I don’t think it’s fair to point that out for the summer fishery, because that situation is going to exist for nine to 11 months. Mi’kmaq Fisheries Via Treaty Rights Under Attack In Nova Scotia "This fall, the Sipekne’katik First Nation has pressed ahead with off-season lobster fishing despite racist rhetoric and vigilantism that the RCMP has been criticized for failing to stop. On Sunday, Sack said the military needed to be brought in to keep the peace. It’s the cumulative impact of all of the fisheries over the year. Three Mi'kmaw parliamentarians are proposing a new approach to the conflict over the lobster fishery in Atlantic Canada that would bypass the system in use at Fisheries and Oceans Canada. Several other Mi’kmaq nations across the Maritimes are preparing to follow suit. Bailey: After the molting, females tend to spawn, and then females are carrying their eggs with them for nine to 11 months. On the water, commercial fishers fired flares at Sipekne’katik fishers, blockaded their vessels, and removed hundreds of traps from St. Marys Bay, Nova Scotia, home to some of the most lucrative lobster fishing in Atlantic Canada. … I can’t say we completely understand [why], except that lobster traps are not 100 percent efficient. Bailey: If what fishermen are saying is that the total effort in this fishery is fully subscribed … then under a hierarchy of rights, the commercial sector is going to have to be the one to fish less. If you’re going to increase traps in one spot—like if the First Nations who have recognized treaty rights to fish are increasing their amount of fishing—then something has to give somewhere else in the fishery. If there was no commercial lobster fishery, would [the Sipekne’katik] fishery be sustainable? What is completely missing is the fact that you can’t take the system and say, Well, the system is sustainable, so now we add one more fishery, therefore it is unsustainable. And there’s also a question of where the fishing is actually taking place. Trudeau says Ottawa ‘strongly condemns’ violence toward Mi’kmaq amid Nova Scotia fisheries dispute – Oct 19, 2020. Is that a concern? It’s not a consensus, it’s a compromise. Is this fishery a conservation issue for the lobster population? Nova Scotia lobster dispute: Mi’kmaw fishery isn't a threat to conservation, say scientists. ET, Canada Condemns Attacks in Indigenous Fishing Dispute, A Mi'kmaq First Nation fishing boat leaves the harbour, as non-native commercial fishermen protest against a Mi'kmaq lobster fishery, in Saulnierville, Nova Scotia, Canada October 19, 2020. Conflict over Mi’kmaq lobster fishing continues in Nova Scotia. Here are five things to know about the situation: The dispute has a long history. More Featured Videos . … That inefficiency probably is crucial to the sustainability of these stocks. HALIFAX — Tensions remain high in the dispute over the Indigenous lobster fishery in Nova Scotia. Hakai Magazine: In the 1999 Marshall Decision, the Supreme Court of Canada upheld the Mi’kmaw right to fish and earn a moderate livelihood. The media has characterized the current conflict on the Atlantic coast as a dispute between Mi’kmaq and non-Indigenous fisheries. TORONTO (Reuters) - Attacks against indigenous lobster fishermen over the weekend are "disgusting," a government minister said on Monday, as Ottawa provided more police resources to tamp down clashes over lobster fishing rights in eastern Canada. Indigenous Services Minister Marc Miller today called Tuesday night's raid on fishing facilities in southwest Nova Scotia an "assault" on the Mi'kmaw people and urged police in … So that’s 900,000 traps, and this is far less than that. Charles: I think a lot of people don’t fully understand what the Indigenous communities’ rights are. A collection of moments during and after Barack Obama's presidency. But in this part of the province, St. Marys Bay, which is part of Lobster Fishing Area 34, commercial lobster season, as designated by Fisheries and Oceans Canada (DFO), runs from November 30 to May 31. I would be willing to bet you a beer that there’d be no effect, relative to the control areas that are not fished. Cite this Article: The Mi’kmaq will have full ownership of Clearwater’s coveted offshore fishing licences, which allow the harvest of lobster, scallop, crab and clams in a massive tract of ocean known as LFA 41. Stay informed daily on the latest news and advice on COVID-19 from the editors at U.S. News & World Report. The list, composed only of the U.S. and Czech Republic, is seen by Russian officials as a way to punish Washington for increased acts of aggression. The case comes as clashes between non-Indigenous and Indigenous fishermen intensify across the Maritimes. Photo by Andrew Vaughan/The Canadian Press, DFO patrol vessels charging Esgenoôpetitj fishing boats, https://www.hakaimagazine.com/news/mikmaw-fishery-dispute-is-not-about-conservation-scientists-say/. Even when you’re fishing in November, December, January, February—you’re pulling up females that have their eggs on them and have to throw them back. The panel focused on the recent tensions in Nova Scotia, where protests occurred and two Mi’kmaq lobster facilities were raided by commercial fishermen after the Sipekne’katik First Nation created a moderate livelihood fishery, according to CBC … After days of talks with Sipekne’katik leadership, Bernadette Jordan, the minister of fisheries, oceans, and the Canadian Coast Guard, said the federal government would support a new Atlantic First Nations fisheries authority working directly with the Crown to establish new fisheries, provided the idea is supported by Mi’kmaw chiefs. The warning came as part of a broader summary of the current terrorism threat that builds on a bulletin issued in January and emphsizes the threat of domestic violence extremists. In a press release issued Friday, the chiefs cite the “political unrest” and “violence occurring over Mi’kmaq fisheries across the province.” Observers warn the simmering tensions could lead to violence if the “moderate livelihood” fishery described in Donald ... He’s seeking a declaration that Mi’kmaq can catch and sell fish. A lobster pound where Indigenous fishermen stored their catch was set on fire, resulting in one person being admitted to a local hospital with life-threatening injuries, police said on Sunday. Part of the Tula Foundation and Hakai Institute family. … So, the mostly non-Indigenous fishers have bought into the management system that’s there. Protests in support of both sides resulted in clashes last week that at times turned violent, with one person being arrested after attacking Chief Michael Sack of the Sipekne'atik First Nation. Fuller: I do think [lobster fishing seasons] have some conservation outcome, but they were not initially only conservation driven. Conflict over Mi’kmaq lobster fishing continues in Nova Scotia | APTN News. Angry non-Aboriginals damaged and destroyed thousands of Mi'kmaq lobster traps in the weeks that followed. Tensions between local commercial fishermen and fishermen from the Mi'kmaq First Nation in the Atlantic province of Nova Scotia have been escalating in recent days in a conflict over indigenous fishing rights. But the ruling left many grey areas - including the practical definition of "moderate livelihood" - leading Mi'kmaq fishermen to begin catching lobster outside the federally-mandated fishing season and raising the ire of local commercial lobster fishers. The Marshall decision, in particular, which was met by conflict between Mi’kmaq and non-native communities, offers potential for further development of local co-operation in fishery management. On October 3, 1999, approximately 150 fishing boats headed out into Miramichi Bayto protest against the Mi'kmaq trappers who were fishing lobster out of season. Of course we can. Hakai Magazine: Some commercial fishermen have suggested that, by fishing out of season, the Sipekne’katik moderate livelihood fishery will interfere with lobster molting and reproduction, which happen in summer and early fall when the water is warmer. ET, A Mi'kmaq First Nation fishing boat leaves the harbour, as non-native commercial fishermen protest against a Mi'kmaq lobster fishery, in Saulnierville, Nova Scotia, Canada October 19, 2020. Webinar: Rethinking Health After COVID-19 », U.S. News Live Webinar » Health Innovations From COVID-19 | May 18 | 1:00 p.m. Neoliberalism versus Mi’kmaq Rights The conflict in St Mary’s Bay is an archetypal clash between a colonial state and an Indigenous nation. Local Mi'kmaq retaliated and conflicts ensued in the following nights, with both parties suffe… [The government has] to establish parameters and explain that to the communities. TORONTO -- One summer morning in 1993, Mi’kmaq fisher Donald Marshall Junior loaded up a small boat with fishing … Supreme Court dismisses Mi’kmaw fisherman’s attempt to appeal for costs in case that seeks to define treaty rights, could clarify ‘moderate livelihood’ Mi'kmaq lobster dispute: A conflict brewing since the 1700s. If you do catch lobsters when they’re molting and their shell is soft, there is a greater chance of mortality from handling, and they don’t ship as well. Fisheries and Oceans Canada spokesperson Heidi MacDonald said by email that the agency monitors the lobster population with an annual trawl survey, and that “the stock in [Lobster Fishing Area] 34 remains in the healthy zone, with high commercial biomasses and a broad size distribution.” Photo by Andrew Vaughan/The Canadian Press. Fuller: I don’t think it is a conservation concern. In reality, these events are the result of the Crown’s prolonged and repeated failure to recognize and implement Mi’kmaq commercial fishing rights. Fuller: At the end of the day, we have a racism problem, and that is one thing to unpack. Steneck: It’s actually very clever that Canada has the different [lobster fishing] areas, and those areas harvest different months of the year, because it means that Canada has product to ship 12 months out of the year. Watch later. A dispute over Mi’kmaw fishing rights in southwestern Nova Scotia escalated this past week into violence, destruction and eventually an angry mob attack on Indigenous-used fishing pounds. Mi'kmaq fishermen in Nova Scotia have faced violent and racist attacks for exercising their treaty rights to catch lobster outside the province’s commercial season. Meanwhile, the head of the province's fishing union resigned, citing concerns for his personal safety. Photo by Deirdre Leowinata. Because the tendency of some people who don’t have a good intention [is to say], “If they are doing that, if they’re poaching, we’ll go poaching, too.” And it’s not the case. Negotiation, education—it’s a long process. REUTERS/John Morris, California Do Not Sell My Personal Information Request. But parties have to be willing to show leadership to get us to there. If it’s concentrated in one location where there’s already fishing activity going on, then that can have more of a local impact. Hakai Magazine: What are the next steps to resolving the uncertainty and conflict around First Nations’ moderate livelihood fisheries in the Maritimes? The 1752 Treaty agreed that the Mi’kmaq “shall not be hindered from, but have free liberty of Hunting & Fishing as usual.” The SCOC upheld this right for the Mi’kmaq … On October 15, the Miꞌkmaq Warrior Peacekeepers arrived at the Saulnierville wharf with the intention of providing protection to Miꞌkmaq who were continuing to fish amid the violence. Opposition to the Sipekne’katik First Nation’s lobster fishery did not stop Potlotek First Nation fishers from opening their own moderate livelihood fishery off southern Cape Breton, at the opposite end of Nova Scotia, on October 1. Federal Public Safety Minister Bill Blair pushed back on the suggestion on Monday, as he called for an end to the violence. The Mi'kmaq are trying to assert their treaty right to fish for a moderate livelihood around St. Marys Bay during the off-season — which runs from late May until late November. Because [lobster is] an effort-controlled fishery, there are different ways of managing it, and Canada has chosen to manage it with seasons that maximize the amount of hard shell lobster on the market. The ruling confirmed that the Mi’kmaw right to fish, known as a moderate livelihood fishery, is distinct from commercial fishing and subsistence harvesting. REUTERS/John MorrisReuters. The agency on Thursday announced that fully vaccinated individuals can ditch their masks in most settings, but some public health experts raised concerns about how to prove vaccination. They don’t fully understand that the First Nations have rights that are different from the privileges to fish that non-Natives have. A hierarchy of fishing rights fishing continues in Nova Scotia case, situation. Traps were destroyed community has chance to host an NHL pre-season mi'kmaq fishing conflict not! 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