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N.S. First Nation mulls offer from Ottawa on managing lobster fishing rights | Unfold Times

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Greater than two months after a Nova Scotia First Nation launched a lobster fishery that has reignited a longstanding debate about fishing rights and laws, the band says Ottawa has proposed a draft settlement that stands to be “a historic recognition” of their treaty rights.

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Sipekne’katik Chief Mike Sack mentioned the band obtained a draft memorandum of understanding Friday evening from the workplace of federal Fisheries Minister Bernadette Jordan.

The First Nation has declined to share the complete contents of the memorandum, however Sack mentioned an important piece, for him, is that the doc helps his neighborhood to reap and promote its catch.

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“We have been pushing for that every one alongside … I feel it is a fairly large step ahead,” Sack instructed reporters Sunday on the Saulnierville wharf in southwest Nova Scotia.

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Sipkene’katik Chief Mike Sack says the potential settlement with Ottawa might be a ‘historic recognition’ of treaty rights. (Nic Meloney/CBC)

Sipekne’katik fishers have been working out of the Saulnierville wharf on St. Marys Bay since Sept. 17, when the band launched its so-called reasonable livelihood fishery. It was the primary Nova Scotia Mi’kmaw band to take action, however a number of others have adopted swimsuit.

Sipekne’katik now stands to be the primary Mi’kmaw band to strike a take care of Ottawa. At concern is how a reasonable livelihood fishery must be outlined, and whether or not and the way it must be regulated by the Canadian authorities. 

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The Marshall choice

The band argues that it has a proper to function a self-regulated fishery primarily based on the Peace and Friendship treaties of the 18th century.

These rights have been upheld in a 1999 Supreme Court docket of Canada ruling often called the Marshall choice. However a subsequent ruling from the courtroom mentioned the fishery might be topic to federal regulation, if justified by problems with conservation.

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Greater than 20 years after the rulings, the implementation of these treaty rights stays a topic of debate. Sipekne’katik’s potential settlement with the federal authorities might convey some readability to the difficulty.

Sack mentioned the band’s legal professionals are at present reviewing the draft memorandum and will likely be assembly with federal officers Monday to proceed the dialogue. 

Jordan’s workplace additionally declined to share any particulars of the settlement, however confirmed it was earlier than the band.

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“Whereas there’s nonetheless extra work forward of us, we’re making progress collectively,” a spokesperson mentioned by way of e-mail. 

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Sipekne’katik First Nation has been issuing licences and lobster lure tags to Mi’kmaw harvesters underneath the brand new self-regulated fishery since Sept. 17. (Nic Meloney/CBC)

Information of the budding settlement comes per week after DFO officers seized lots of of traps from the water of St. Marys Bay, alleging a variety of violations.

On the time, Sack mentioned most of the seized traps belonged to Sipekne’katik fishers, and he argued they have been taken unjustly. 

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It was the primary confirmed occasion of DFO intervening in Sipekne’katik’s new operation, however the band has accused business fishermen of seizing traps and destroying fishing gear for the reason that starting of the reasonable livelihood fishery.

Many non-Indigenous fishermen have been crucial of the rights-based fishery in St. Marys Bay as a result of they are saying the First Nation is placing the complete business susceptible to decline and doable collapse by harvesting outdoors the federally regulated fishing season. 

The dispute has sparked many tense and generally violent interactions on the shores of southwest Nova Scotia over the previous two months.

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The business fishing season in a part of southwest Nova Scotia — the profitable lobster fishing space LFA 34 — was presupposed to launch on Monday, but it surely has been delayed as a consequence of a poor climate forecast.

Neighbouring LFA 33 remains to be anticipated to launch on Monday.

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