The Mi’kmaq of Nova Scotia have been engaged in a Rights Implementation process with the Province of Nova Scotia and Federal Government for a number of years. One of the key areas in the implementation of our Aboriginal and Treaty Rights is fishing for either food, social & ceremonial purposes, or for livelihood.
The Department of Fisheries and Oceans (DFO) issues special fishing licenses to First Nation communities. Under the Fisheries Act, the Aboriginal Communal Fisheries Regulations and the Aboriginal Fisheries Strategy, DFO recognizes two types of Mi’kmaw fisheries:
- Food, Social and Ceremonial fishery (under which fish must be consumed by the individual or community, can be used for the purpose of harvesting other species of food and is not to be sold); and
- Aboriginal Communal Commercial fishery (which are Band owned and operated Commercial Fishing licenses where the regulated catch is sold for economical gain).
In 1999 the Supreme Court of Canada found in the R. v. Marshall, [1999] 3 SCR 456, that there was in fact a third type of Aboriginal fishery: a fishery to earn “a moderate livelihood,” for the beneficiaries of the 1760-61 Treaties.
This not only saw the recognition of this fishery in Marshall, but the Right was also affirmed by section 35 of the Constitution Act, 1982.
Since Marshall, the Crown has not amended the Fisheries Act and Regulations which still prohibits the Mi’kmaq from exercising the Right to fish for a moderate livelihood without a license. Important unresolved legal issues have remained.
As stewards of this land and its resources since time immemorial, we have the capacity to develop, manage and regulate our own rights–based fishery. The Fisheries Team at KMK role is to assist and support our member communities to build and implement a plan that allows access to harvest aquatic species and for the Mi’kmaq of Nova Scotia to earn a livelihood from our inherit Treaty Rights.
We are working with our communities to determine what is required to implement our treaty right: what it means, what it looks like, and what rules should be put in place.
Do’s and Don’ts on the Water – How to Protect Yourself
Seizure and Return Information Sheet
Standards of a Netukulimk Livelihood Fishery
Potlotek’s Netukulimk Livelihood Management Plan
Letter to Minister Jordan Rejecting RRA Offer
Letter to Jacinta Berthier re Eel FSC – September 29, 2020
Letter to Jacinta Berthier re EEL FSC – December 18, 2020
Letter to Minister Diane LeBouthillier re: Elver Fishery – February 23, 2024
Letter to DFO about the Proposed Possession and Export of Elvers Regulations – September 2024
Video: 2019 Marshall Symposium
Video: Let’s Talk Treaty Fishing
The Salmon Management Plan
The Mi’kmaq of Nova Scotia have a Right to harvest Salmon under the Food, Social and Ceremonial (FSC) fishery, as guaranteed by the Sparrow Decision – which granted First Nations the authority to harvest fish under a managed FSC fishery, once ensuring that conservation is not an issue.
Salmon stocks are depleting. It is important now, more than ever, that the Mi’kmaq help create, report and collect accurate data, based in Mi’kmaw science. Conservation is a responsibility of us all; together, the Mi’kmaw Nation needs to ensure that salmon will be available for seven generations to come.
June 1st, 2015 the Assembly rolled out the Mi’kmaq Plamu/Salmon Management Plan for Nova Scotia, in cooperation with KMK, the Unama’ki Institute of Natural Resources (UINR), and Mi’kmaq Conservation Group (MCG). This Plan was created to balance the Right to Salmon harvesting for the Mi’kmaq of Nova Scotia, while respecting the conservation.
Understanding traditions and our role of protectors for the environment, the Mi’kmaq Plamu/Salmon Management Plan looks at proper salmon management and how Mi’kmaq science can ensure that the salmon will continue to be around for many generations.
We are asking Mi’kmaw fishers to report their catches to UINR and MCG so that the Mi’kmaq of Nova Scotia can collect accurate data and create appropriate management measure to ensure that no river system is being overfished.
We encourage you to talk to your Fisheries Managers/ Guardians, Chiefs, Councillors, MCG, UINR or KMK to see how you can help the take care of this sacred species.