A lobster conservation group in southwestern Nova Scotia is taking legal action against Ottawa and the Sipekne’katik First Nation over out of season fishing.
The Unified Fisheries Conservation Alliance (UFCA) filed a notice of action in Supreme Court in an effort to seek clarity on catch limits and declare the summer fishery illegal.
“The Supreme Court of Canada introduced the concept of a moderate livelihood fishery via the Marshall decisions but has never adequately defined the scope and limits that should apply,” said Michel Samson, counsel with the law firm Cox & Palmer. “This has created confusion between the DFO and the Public Prosecution Service as to what laws to enforce. It is imperative that our courts provide the rules and clarity required for both the commercial fishery and for First Nation communities.”
The Supreme Court ruled Mi’kmaq have a right to earn a moderate livelihood, which is known as the Marshall decision.
Alliance spokesperson Colin Sproul says lack of enforcement and clarity on catch limits is creating tension and fears over the health of the industry.
“We need the court to provide clarity so that the commercial lobster fishery can remain sustainable. UFCA is calling on the federal fisheries minister to close this out-of-season fishery and enforce the laws until the court provides its ruling.” added Sproul.
Sipekne’katik maintains they have a treaty right to fish and there is no proof lobster stocks are impacted.
In June, federal officials admitted they did not know how much lobster was being harvested.
