KEN COATES • Guest Opinion Ken Coates is a distinguished fellow and director of the Indigenous Affairs program at the Macdonald-Laurier Institute. Over the ...
Lobster boats loaded with gear at Meteghan at the start of the 2021 lobster fishery last December. Lobster Fishing Area 34 is the biggest lobster fishing area in Nova Scotia, with 979 licence holders. - Tina ComeauKen Coates is a distinguished fellow and director of the Indigenous Affairs program at the Macdonald-Laurier Institute.
The 1999 Marshall ruling determined that First Nations are entitled to earn a “moderate livelihood” from the fishery. Unfortunately, the ruling did not define “moderate,” or offer an implementation plan. This was problematic. First Nations had some, but not enough, access to the highly regulated fishery. They could only expand their harvesting by either securing more licences or fishing outside the legal fishing seasons. Some chose the latter, sending out boats before the season opened then selling their catch commercially.
The 18th-century Peace and Friendship Treaties, which were given authority in the 1999 Marshall decision, now afford First Nations the right to a moderate livelihood. First Nations have the right to economic participation and prosperity even beyond any constraints of a moderate livelihood. The Maritime fishery has been a success story for the region, the industry and for First Nations. This achievement should not be diminished, or squandered. The long-term management of the fishery must be a true partnership between First Nations, fishers and the government of Canada. Omitting one partner from negotiations and agreements will only exacerbate tensions, threaten the sector, and undermine tough-won conservation arrangements.
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