As eight communities of Mi’kmaw coordinate a fishing plan Elver recognized by the federal government, and others fish independently, tensions have grown over the confusion and regulatory application by fishing and the oceans Canada (DFO).
This is what you need now about the complex regulatory landscape surrounding the Mi’kmaw elver fishery.
First, a brief look back on Marshall’s decision.
In 1993, Donald Marshall Jr., a man from Mi’kmaw from Mebertou First Nation in Nueva Scotia, was arrested and accused of fishing and selling eels in Pomquet Harbor, near Antigonish, ns
Marshall was supported by the leaders of Mi’kmaw, and believed that he was exercising a right guaranteed by the peace and friendship treaties of 1760/61, affirming the rights of Mi’kmaw to commerce and commerce.
His case was for the Supreme Court and resulted in a historical decision in 1999 that affirmed the right of Mi’kmaw to hunt, fish and meet in the search for a “moderate livelihood.” The decision also involved the WOLPLEQIYIK and the Peskotomuhkati.
A second decision, Marshall II, He clarified that the right of the treaty could only be infringed when justified for reasons of conservation or other reasons, and indigenous peoples must be consulted on any limitation of their treaty rights.
Mi’kmaw’s communities began to affirm their right of treaty, while the federal government launched new initiatives aimed at administering what the courts now recognized as a constitutionally protected right for the first nations in the Atlantic of Canada.
Marshall’s decisions have resulted tensions between the first nations and non -indigenous fishermen on the perceived impact of a fishery based on the rights of treaties on commercial fishing, with notable conflicts that arise in Esgenoopetitj in New Brunswick in 2000 and more recently in Sipekne’Katik in Nova Scotia.
Elver fishery
The Maritime fishery Elver began as a small experimental fishery in 1989 with only a handful of licenses.
In the last two decades, the growth of the fishery of Anguilla in Canada has been explosive. The demand, particularly in Asia, combined with the decrease in eels around the world has raised prices of up to $ 5,000 per kilogram, which makes Elvers one of the most valuable fish in Canada.
It was harvested mainly in rivers and estuaries in New Brunswick and Nueva Scotia, small eels are trapped, sent live to Asia and elevated to adulthood in captivity.
In 2019, several Mi’kmaw fishermen in Nueva Scotia entered Elver fishery independently, citing their right to win a moderate livelihood.
That same year, three communities of Nueva Scotia Scotland Mi’kmaw, the first nation of the Annapolis Valley, Bear River First Nation and Wasoqopa’q Cruple Nation, wrote their own joint plans of fishing Elver, outside the fishing and ocean regulations Canada.
At the end of 2024, eight communities in Mi’kmaw develop a management strategy of Elver Unified based on the principles of Mi’kmaw self-determination, united through the Kwilmu’Kw Maw-Klusuaqn (kmk) negotiation office, a group that negotiates in the name of the Chiefs of Nova Scotia Mi’kmaw.
Half of the quota of 2025 goes to the fishermen of the first nations
KMK was able to negotiate with fishing and Canada Ocean (DFO) for 50 percent of the general quota of Elver for fishermen of the first nations in the 2025 season, from which the group received almost 20 percent.
The KMK communities fish under their fishing plan for the right of the Netukulimk Treaty (TRP), which the group says that prioritizes the conservation and self -determination of Mi’Kmaw on the federal regulation.
Justin Martin, KMK fishing manager and a member of Millbrook First Nation, said his plan is not about putting restrictions on moderate media fishing rights, but coordinating the implementation of rights in a manner based on justifiable conservation.
“This TRP The fishery is authorized by those first eight nations and [we’re] Just a delegate to support that and handle that, “Martin said.
“We did a wide community participation, including a survey of more than 600 Mi’kmaw Individuals, not only to understand their aspirations around the specific fishing activity of livelihoods, but also their aspirations and thoughts about Elver fishing. “
Martin said that the creation of a low -ruling nightfishness made in multiple rivers can present challenges, but he hopes to see that the fishing of the first nations continues to develop in the coming years.
At the same time, three communities of Nueva Scotia Scotia Mi’kmaw, Sipekne’katik First Nation, Millbrook First Nation and Membertou First Nation, have chosen to affirm their treaty rights independently. These communities developed their own fishing plans before DFO quotas offers and continue to harvest the verses without federal authorization, backed only by their moderate media fishing rights.
Alden Paul, a ESKASONI First Nation TRP Plan, said he sees a lot in common with independent fishermen despite their different approaches in 2025.
“I am an Elver fisherman who is part of a real plan approved by DFO; I do not feel threatened by a Fisher treaty that does not have the same plan fishing next to me,” Paul said.
“Yes, it could be governed in different ways, but we all have the right to it and we are all there to keep our families, whether you are part of the TRP or that you are a Fisher of the Treaty.”
Paul said he feels that fishing in quotas and regulations are better in terms of security and minimizing DFO harassment, but worries that working with the federal fishing department is establishing fishermen for failure.
The differences between the plans cause confusion
At the beginning of April, Kmk raised concerns in a letter to DFO, about the erroneous information supposedly shared by conservation and protection officers (C&P).
The problems mentioned included confusion about the designations of the fishing area and the use of adequate network, two main distinctions between the DFO and TRP management plans.
“We were under the assumption that DFO would respect our constitutionally protected rights throughout this process,” said the letter.
“The erroneous information of C&P undermines our conservation efforts and contradicts our plans.”
The organization also worried that the erroneous information of the law agents would be used to justify punitive actions against individual harvesters who affirm their treaty rights.
DFO said that any authorized license or group holder, such as KMK, can establish additional parameters for harvest.
“It is the responsibility of the license holder or the authorized group to ensure that their designated harvesters follow their plan,” said a department statement.
“However, DFO will continue to enforce the fishing law.”
