DFO says it has enough resources to monitor Indigenous lobster fishing in Nova Scotia

Fisheries and Oceans Canada (DFO) says its enforcement branch will be on the water and adequately equipped to monitor compliance of First Nations lobster fisheries this summer.

The pledge follows the chaotic fishery for baby eels this spring where there was widespread illegal activity by some Indigenous and non-Indigenous harvesters.

DFO shut down the legal elver fishery, affecting both commercial licence holders and Indigenous groups with fishing plans approved by the department. But "poaching" — as federal Fisheries Minister Joyce Murray called it — continued.

"I want to clarify they are two very different fisheries," Maritimes region director of conservation and protection Tim Kerr told reporters Monday in a briefing on Indigenous rights-based lobster fisheries.

Kerr said lobstering is conducted "out on the water" with the catch taken to shore. Elvers, or baby eels, are caught in the middle of the night on numerous rivers through Nova Scotia and New Brunswick.

"[Conservation and protection] is very well equipped to enforce the lobster fishery upcoming," Kerr said.

St. Marys Bay

In April, Kerr also said DFO was adequately resourced to police the elver fishery — a claim that was disputed by commercial licence holders who argued the department was either unable or unwilling to stop ongoing illegal elver fishing.

Kerr said officers will be on wharves and patrolling in St. Marys Bay to monitor the Indigenous food, social and ceremonial (FSC) lobster fishery, which does not permit sale of catch.

The bay near Digby, N.S., has been a flashpoint in past years involving the sale of FSC lobster caught by members of the Sipekne'katik First Nation.

"In terms of our capability to adequately monitor compliance of lobster fishermen under the FSC licence this summer, I can assure you that [conservation and protection] does have resources to do that effectively in areas such as St. Marys Bay," he said.

Kerr was joined by Michael Leonard, director of Indigenous fisheries management for DFO's Maritimes region, who cited the department's efforts to promote and implement treaty fishing rights.

That includes Supreme Court of Canada rulings affirming the right to earn a moderate living from fishing.

Moderate livelihood lobster fishery

The court has also confirmed the government's authority to regulate treaty fishing rights for conservation.

Leonard said DFO has reached nine "interim understandings" with nine First Nations in the Maritimes to carry out a moderate livelihood lobster fishery.

DFO issued an authorization for Sipekne'katik's multi-species food, social and ceremonial fishery on May 31. The licence includes lobster.

Sipekne'katik management plan

Sipekne'katik fisheries manager Michael McDonald says the band has its own band-approved moderate livelihood fishery, although it is not authorized by DFO.

"We don't need to sell our FSC. We also have a livelihood fisheries and our fishers will be fishing livelihood tags under our livelihood management plan," McDonald said in a statement to CBC News.

"DFO attempts to harass our fishers like they did last year then expect to see legal actions filed against DFO in the Supreme Court of Nova Scotia."