Tag Archives: Donald Marshall
The Mi’kmaq fishing dispute: What the treaties said and how the wording could affect a future fishery
“We have a treaty right,” said Chief Mike Sack, wearing a hat emblazoned with Honour Treaties, when asked why the band had renamed their effort from the “moderate livelihood” fishery they launched last fall. The latter term was coined by the Supreme Court of Canada in its 1999 Marshall decision. But the decision that acknowledged a moderate livelihood treaty right also stated the authority to regulate, after consultation with First Nations, is held by the federal fisheries minister. With Sipekne’katik fishers setting traps under a self-regulated treaty fishery and federal officers hauling them and arresting Chief Sack for questioning on suspicion of inciting an illegal fishery, the question is raised: what do the treaties say? >click to read< 10:21
Crab fishing is delayed over price negotiations; no one wants under $3 a pound, will not go
Disputes between Bay Area fishermen and seafood company Pacific Seafood Group over crab prices are causing more delays to the start of the commercial crab fishing season. California allowed commercial crab season to begin Dec. 23 after a month delay over environmental concerns to whales and other marine animals. However, the fleets in Half Moon Bay and the entire Bay Area remain at an impasse,,, Fishermen want at least $3 a pound for crab, while Pacific Seafood Group is only offering $2.25 a pound. Until an agreement is reached, commercial fishermen from the Bay Area will not go out to fish. >click to read< 08:59
Two parts: 20 years ago the Supreme Court ruled on Mi’kmaq fishing rights, so what has changed?
Early on a warm morning in mid-August, Marilyn-Leigh Francis eyes the Coast Guard boat at the wharf in Yarmouth, Nova Scotia. Word around the wharf is that the DFO officers will be hauling up any lobster traps that aren’t tagged for the Mi’kmaw food fishery season that’s underway. For the last four years, Francis has harvested lobster, outside of the rules set by the DFO. No licence. No tags. She writes her name and Treaty 1752 on her buoys. Francis walks up to one of the DFO officers, introduces herself, and asks, “I was just wondering if you guys were seizing gear today?” The officer says he doesn’t know. But for the rest of summer and into the early fall, the DFO was busy seizing traps. 2 Videos, click to read and watch, >Part 1<, and >Part 2< 12:07
