HALIFAX: The seizure of lobster traps belonging to Potlotek First Nation by officers with Fisheries and Oceans Canada is being challenged in court.
On the opening day of the season in Lobster Fishing Area 29, the Assembly of Nova Scotia Mi’kmaw Chiefs issued a press release claiming that a Potlotek Netukulimk Fishery Harvester had 37 lobster traps seized by Department of Fisheries and Oceans (DFO) Conservation and Protection Officers in St. Peter’s Bay.
The chiefs said the Potlotek harvester was not only following the community Netukulimk Livelihood Plan, but also limitations put in place by DFO.
“Our community’s Netukulimk Livelihood Fishing Plan is under consultation with the Department of Fisheries and Oceans, and the harvester was fishing pursuant to his Treaty Rights,” said Potlotek Chief Wilbert Marshall. “This seizure is a failure of the Government of Canada to accommodate our Rights and a failure to uphold the Honour of the Crown.”
According to the chiefs, “minor changes” were made to the Potlotek Plan fished last fall, and Potlotek First Nation has been “fully transparent” with DFO in the development of their plan.
In response, the DFO confirmed fishery officers have been “engaged in operations” in St. Peter’s Bay and will continue to “actively monitor” fishing activity.
“Multiple traps have been seized for a variety of reasons,” reads a statement from Fisheries and Oceans Canada. “These operations are part of routine gear inspections by fishery officers to ensure compliance with the Fisheries Act and associated regulations. Any fishing activity occurring outside of the Fisheries Act and associated regulations, without an authorized licence or in contravention of a licence issued by the department, is subject to enforcement action.”
On May 10, Potlotek First Nation filed papers with the Supreme Court of Nova Scotia challenging the limitations imposed on their harvesting activities by Fisheries and Oceans Canada.
“We are filing for a declaration that the Fisheries Act and Regulations are invalid as against authorized Mi’kmaw harvesters who are in compliance with our community’s livelihood plan,” said Marshall. “Our harvesters have a right to be out on the water and that right was affirmed by the highest court in the country. DFO continues to put limitations on our livelihood fishery, when they have no justification or position to.”
In a press release, the assembly agreed that the Fisheries Act infringes on the treaty right affirmed in the Marshall decision.
According to the chiefs, Potlotek is also asserting that the DFO’s Conservation and Protection (C&P) Branch has no jurisdiction over approved community livelihood harvesters.
“Our harvesters are exercising their Treaty Rights and should be able to do so without C&P harassing them,” Marshall noted. “DFO continues to try to keep our harvesters from creating a livelihood – which they are legally entitled to do to get themselves and our communities out of poverty. At this point, it appears that DFO only wants to continue to oppress our people.”
Fisheries and Oceans Canada added it continues to have “respectful dialogue” with Indigenous harvesters and community leaders, as well as with non-Indigenous harvesters.