The bilateral agreement, valid for five years, establishes shared and collaborative governance of fisheries governance between the Mi’kmaq community and the federal government.
It gives us the chance to discuss ways in which we could do fishing differently and to set up our own ways of doing things.
says Listuguj chief Darcy Gray. It is no longer Fisheries and Oceans that decides without having our say.
Darcy Gray is delighted that Canada recognizes finally
Listuguj’s authority in fisheries governance, as well as its rights and the legislative tools it has put in place. Like Ottawa, the leader of Listuguj calls the deal history
.
This is the first time that we have seen in an agreement that our rights and our own laws have been recognized by the Government of Canada.
Listuguj Chief Darcy Gray is pleased that Canada recognizes the laws enacted by Listuguj and its authority over fisheries governance (archived).
Photo: Radio-Canada / Jean-François Deschênes
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In a press release, the federal government emphasizes that the agreement was reached in a spirit of collaboration
, in accordance, among other things, with the United Nations Declaration on the Rights of Indigenous Peoples. Ottawa also claims that the pact advance the implementation of rights
First Nations.
In the Fisheries Reconciliation and Recognition Agreement, the federal government reaffirms the Mi’kmaq’s right to fish and sell fish in order to ensure a decent livelihood, as enacted by the Marshall decision in 1999.
Ottawa also intends to help the community of Listuguj to acquire more licenses, quotas and equipment for improved access to fisheries.
The Mi’kmaq community believes that the agreement will expand its access to fisheries resources for subsistence, commercial or social purposes. The subsistence fishery organized in the fall makes it possible in particular to redistribute the catches among the members of the community (archives).
Photo: Radio-Canada
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However, the federal government does not specify whether new fishing licenses or quotas could be granted directly to the Mi’kmaq community of Listuguj, or whether the transfer of already existing fishing rights is instead envisaged.
It’s still to be discussed, but at least we have the discussion tables with Ottawa to do it.
, estime Darcy Gray. We can negotiate whether there are other accessible licenses to have different or greater access to fishing.
Possible compromises for fall fishing?
The five-year agreement, which may be renewed, was approved unanimously by the Chief and the Board. However, the agreement does not invalidate federal fisheries rules.
That means, at least, that we discuss it, we talk about it if there are differences between our own plans and those of Fisheries and Oceans Canada; we can find solutions and compromises
, explique Darcy Gray. From now on, we have the chance to talk about it and find solutions together. These are no longer unilateral decisions from Ottawa.
For example, Listuguj hopes to gain recognition through the agreement of its right to include a commercial component in its fall subsistence lobster fishery, that is, outside the commercial fishing season. The issue has been controversial since 2019, when Listuguj decided to sell part of its fall catches to compensate for the working time and expenses of fishermen.
It is moreover following the adoption of the Listuguj Lobster Law
, in 2019, that new negotiations were initiated between Listuguj and Ottawa on fisheries governance. Listuguj also passed a law governing salmon fishing.
There is a lot of work to be done, nothing is final, but it is a big step in the right direction
, estime Darcy Gray.
The issue of the fall subsistence fishery, including a sale of the catch, will be at the heart of discussions between Listuguj and Ottawa (archives).
Photo : Getty Images / rustyl3599
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In its press release, the federal government maintains that the agreement reached will not only benefit the Listuguj First Nation, but will also help the fishing communities of Quebec and New Brunswick as a whole by helping to ensure stable, predictable and sustainable fisheries
.
According to the band council, a joint committee bringing together federal representatives and the Micmacs of Listuguj will be set up to ensure concerted management of the fisheries.
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