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STATEMENT BY HERB DHALIWAL
MINISTER OF FISHERIES AND OCEANS
Launch of Longer-term Marshall Response
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| B-HQ-01-09(148) |
February 9, 2001
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Thank you all for coming today.
In the months that followed the Supreme Court of Canada's Marshall
decision, First Nations and established commercial fishermen throughout
the Atlantic region faced major uncertainty about their place in the
fishery. There were some well-publicized tensions between people who
were dealing with that uncertainty, and confronting the prospect of
dramatic changes in an industry that they rely on for their livelihood.
But for the most part, all parties showed goodwill, patience, and
a willingness to work together for sustainable solutions.
Following the Supreme Court decision, my Department worked hard to
provide for increased First Nation access to the commercial fishery.
This was done through the negotiation of one-year fishing agreements.
Increased access was achieved in a manner that accommodated the interests
of non-Native commercial fishermen, while respecting my responsibility
for conservation and an orderly fishery. But from the very beginning,
the government has been clear that there would need to be a longer-term
process to address an expanded role for Aboriginal communities in
managing and profiting from natural resources, including the fishery.
Today, I am pleased to be able to tell you what that longer-term
process will look like for the fishery. My colleague, Minister Nault,
has told you about the work he is doing to address outstanding issues
on Aboriginal and treaty rights. But I want to explain what my Department
will do in a very practical way to make sure that First Nations in
Atlantic Canada see an immediate and beneficial increase in their
access to the commercial fishery.
When the Marshall decision was handed down, it was clear that
we needed to make some changes in the fishery. But I think it was
equally clear that change needed to be managed carefully, to ensure
that progress was peaceful and sustainable. We addressed that challenge
through negotiation. We talked with Mi'kmaq and Maliseet communities
about their needs and aspirations in the fishery, and about their
readiness to fish immediately. We negotiated agreements that responded
to the unique circumstances faced by each band. And we consulted with
non-Native commercial fishermen, to keep them informed of the changes
that were coming to the fishing industry and fishing communities.
Today, I want to tell you that we are still committed to negotiation
as the means of addressing our obligations under Marshall.
But we will no longer be negotiating on a year-by-year basis. Instead,
I am renewing the mandate of the Federal Fisheries Negotiator, who
will now be authorized to negotiate fishing arrangements of anywhere
from one to three years, according to the preferences of the communities.
I am pleased that Mr. James MacKenzie has again agreed to serve in
this capacity.
Mr. MacKenzie has a proven record of success in dealing with this
important file, and I am pleased that he will again be representing
the government in its fisheries negotiations. In the year following
the Marshall decision, Mr. MacKenzie negotiated fishing arrangements
with
30 of the 34 affected First Nations. The increased fishery access
provided through those agreements has the potential to generate landed
value of more than 20 million dollars per year. That translates into
potential earnings of almost 14 million dollars per year. The agreements
also brought about a 174 per cent increase in the number of commercial
lobster enterprises fished by Aboriginal communities. They have resulted
in tangible change for the better for First Nations in the Maritimes
and Gaspé. Now, as we launch a multi-year approach to honour our treaty
obligations to provide increased fishery access, Mr. MacKenzie's experience
will be key in continuing to ensuring successful outcomes for all.
Multi-year agreements will give greater flexibility to Mi'kmaq and
Maliseet communities in their negotiations and planning, while offering
more planning stability to non-Native fishing communities in terms
of the future of the fishery. We are making big changes in the fishery.
And to make them successfully, we need a planned, phased approach
to ensure a smooth transition. The three-year process we're embarking
upon provides that planning stability. The agreements negotiated in
this process will build on the successes of the initial one-year agreements,
while offering a more stable framework in which to explore issues
like an expanded Aboriginal role in management of their own fishing
activities. And they will map out a blueprint for a focused period
of change, allowing both Aboriginal and non-Aboriginal fishing communities
to plan their fishing strategies for the longer-term.
The focus of these community-level multi-year agreements will still
be on practical, real-world measures to increase First Nations' access
to the fishery. They will be without prejudice to the positions of
First Nation communities in the broader DIAND-led process. Our goal
and our commitment remain constant: we want to achieve successful
Aboriginal participation in the commercial fishery. We don't want
to just hand over licences to Aboriginal communities. We want to equip
them for success. That is why Mr. MacKenzie will be negotiating agreements
that will provide, not just fishery access, but also the training
to develop skilled, professional Aboriginal fishers.
Most of Mr. MacKenzie's work will focus on developing fishing agreements
with First Nations at the community level. But there are some fishery
issues that cannot be resolved at the Band level.
Some of these are practical fishery issues concerning the role of
First Nation groups in the co-management of the fishery, and will
be part of Mr. MacKenzie's continued work. Still other fishery issues
will need to be discussed in the context of longer-term Aboriginal
and Treaty rights discussions led by Minister Nault and Tom Molloy,
with assistance from Mr. MacKenzie.
Of course, changes in the fishery do not only affect Mi'kmaq and
Maliseet communities. They also have impacts on non-Aboriginal fishing
communities and their industries. To ensure that we are aware of and
sensitive to the concerns of non-Native commercial fishers and other
stakeholders, I have again appointed Mr. Gilles Thériault to serve
as Associate Federal Fisheries Negotiator. He will work closely with
Mr. MacKenzie, by focusing his efforts on ongoing consultation with
industry and other interested groups, and facilitating communications
between those groups and Aboriginal communities. Mr. Thériault and
Mr. MacKenzie will both continue working to help build and facilitate
productive and cooperative working relationships between Native and
non-Native fishers. There is significant potential in this area. Mentoring,
for example, could allow Aboriginal and non-Aboriginal fishers to
work together, and share knowledge and techniques to their mutual
benefit. Mi'kmaq and Maliseet communities also need to be engaged
in advisory processes relating to the fisheries, offering their perspective
on the issues and challenges facing all fishers today. I cannot emphasize
enough the priority we place on this kind of dialogue and cooperation
among communities.
As just one example of the ways we are working with the non-Native
commercial fishing industry, let me tell you about how we have made
room for more Aboriginal fishing. In the first phase of our Marshall
response, we were reminded again and again that Atlantic fisheries
were fully subscribed they could not accommodate more fishers without
jeopardizing both the resource, and the livelihoods of the people
who relied on it. It was for that reason we introduced a program of
voluntary licence retirements. So far, we have accommodated new Aboriginal
entrants to the commercial fishery by retiring capacity from other
fishers. We will be continuing this program. And I am optimistic that
voluntary retirement will continue to provide us with the means to
accommodate increased commercial fishing by Aboriginal communities.
Throughout our fishery negotiations, we need to keep our priorities
in mind.
First, as I have said many times, our priority is conservation. We
must preserve the fishery resource for future generations of fishers,
both Aboriginal and non-Aboriginal.
Second, we intend to respect the Treaties that have been signed.
We will address our obligations consistent with the Marshall
decision.
Third, we will ensure that the fishery is regulated and managed effectively,
to the benefit of all users.
I am a realist, and I know that change to the fishery alone will
not resolve all the problems or answer all the aspirations of Aboriginal
communities. But the success we have achieved over the past year demonstrates
that the measures I'm announcing today are important elements of addressing
those broader concerns. I am convinced that, as part of the federal
government's integrated approach for resolving outstanding Aboriginal
and treaty rights, these initiatives have the potential to make change
for the better.
I am optimistic about the future of the fishery in Atlantic Canada,
and about the future of relationships between the Canadian government
and First Nations in the Atlantic region. And I am excited about this
new phase in our response to Marshall, as a foundation for
that future and those relationships.