STATEMENT BY HERB DHALIWAL,
MINISTER OF FISHERIES AND OCEANS
Bonjour. Good afternoon. Thank you for coming.
I am disappointed by the ongoing controversy over the Burnt Church First Nation's lobster fishery. I was optimistic two days ago, when the mediator made a statement indicating that the Band had committed itself to reduce the number of lobster traps in the Bay. So it was certainly disappointing to find yesterday that they actually increased the number of traps in the water, and that they are continuing to fish the increased number of traps even today. You are probably aware that the mediator, Mr. Bob Rae, has now returned to Toronto. I do want to thank Mr. Rae for the energy he invested in the mediation process, and the insight he brought to the situation. I was encouraged by the diligence he showed in listening to all the interested parties. And I also believe he was instrumental in bringing the parties closer together. So it saddens me that, despite those significant efforts, we have not yet found a resolution to this situation. Mr. Rae is an eminent Canadian who brought great experience and sensitivity to this situation. And if he was unable to bring about a resolution acceptable to all parties, I think it is clear that the situation we are facing is a difficult one. I should note that Mr. Rae has indicated that, should the parties require his services in the future, he would be available to assist.
I should tell you, that although the mediation process was not successful, it does not change my belief in the power of dialogue and negotiation. I remain convinced that the only way to achieve a peaceful and successful fishery at Burnt Church for the long term is to cooperate, through dialogue, and to agree on solutions that are acceptable to all. I am committed to finding those solutions, which is why there have been so many attempts to talk with Burnt Church First Nation.
I met with community representatives from Burnt Church First Nation in Miramichi last spring. On June 7, we tried to meet again in Miramichi, but the First Nation cancelled our scheduled meeting at the last minute. And most recently, we tried to arrange a meeting on September 1, but were unable to agree on the conditions for the meeting.
My Departmental officials have also actively sought dialogue. On August 18, the Chief Federal Representative, Mr. James MacKenzie met with the Chief and Council, after numerous failed attempts to meet through the spring and summer. Earlier this month, my Deputy Minister, Mr. Wayne Wouters, met with community representatives to try to set up a mediation process. Since Mr. Rae's appointment, we have talked with him, and cooperated with him as he worked to clarify the positions of all parties. And over many, many months now, there have been repeated phone calls, letters, and faxes to the Burnt Church First Nation to keep lines of communication open.
We have kept the door open to dialogue, even as unauthorized fishing has continued and increased.
But we have not only offered dialogue. We have also offered compromises, concessions, and gestures of good faith to help bring about a resolution. Our original position was that the Burnt Church First Nation could fish 40 lobster traps for food, social and ceremonial purposes. Yet we have offered to discuss higher numbers of traps, in an effort to accommodate their aspirations within a legitimate food fishery. We looked at the Band's management plan, and have repeatedly offered to find ways to accommodate their desire for a bigger role in stewardship of the resource. And we have shown restraint in our enforcement activity, only acting to seize traps when it was deemed necessary to conserve the resource and to ensure an orderly fishery. I should also note that we have exercised this restraint even when it exposed us to significant criticism. We set aside our own proposed mediator, and instead accepted one from the Band's own list of candidates. In all of these actions, we have been patient, flexible, and reasonable. We have done everything possible to reach a negotiated outcome.
Yet none of these efforts has resulted in a productive discussion, or an equal willingness on the part of the Band to compromise in the interest of peace.
In the year since the Supreme Court's Marshall decision, there have been real, meaningful increases in Aboriginal communities' opportunities in the commercial fishery. The Government has committed $160 million to this first phase of response, providing access, vessels, gear, training, capacity building, and economic development.
When I talk about the money committed and the benefits provided this year, I am talking first and foremost about opportunities - real opportunities, to make real improvements, in the lives of people in Aboriginal communities in the Maritimes. Thus far, the equivalent of 190 inshore fishing enterprises have been transferred, along with 100 vessels, bringing hope and hundreds of jobs to Aboriginal communities. Increased commercial fisheries access to date translates into about 20 million dollars per year in landed value, or about 13 million dollars in net income this year and into future years. This is in addition to other spin-off and capacity building opportunities realized by First Nations under their agreements.
As I have said many times before, this is not the end of the story on Marshall. There is still more work to be done in the fishery, providing more access, and a bigger role in fishery management. And my colleague, the Minister of Indian and Northern Affairs, is preparing a longer-term process to look at outstanding Treaty issues, and access to other natural resources. There's still a long way to go... but the hundreds of jobs and millions of dollars provided so far do represent an important first step.
I should also point out that Marshall was not the beginning of the government's commitment to Aboriginal communal fishery access. Our Aboriginal Fisheries Strategy started in 1992, well before the Marshall decision. And it has been the means of building relationships with Aboriginal communities, and providing funding to help those communities build successful fisheries and increase their role in fisheries management.
The access provided both before and since the Marshall decision speaks for itself: the Government of Canada is committed to successful fisheries for Aboriginal communities. And I personally take that commitment very seriously.
But I have another commitment, too, and I have reaffirmed it many times. That is my commitment to respect the Marshall decision, while upholding my responsibilities for an orderly, regulated, and conservation-oriented fishery. The Marshall decision was very clear that the fishery must be regulated, not only for conservation, but also for other justifiable objectives. Those other objectives include economic and regional fairness, and recognition of the dependence of many non-Aboriginal groups on the fishery. And while increasing Aboriginal communities' access to the fishery, we cannot lose sight of those other important principles.
The present level of unauthorized fishing in Miramichi Bay is not consistent with any of those principles. It does not take into account the needs of other users of the fishery resource. Its economic impacts are not measured to ensure fairness. And, by dramatically increasing exploitation rates, it is raising serious concerns about conservation. Moreover, Fisheries and Oceans Canada is not being allowed to monitor the fishery to ensure that conservation measures - such as respecting minimum size limits and returning egg-carrying females to the water - are being carried out. Obviously, I cannot allow the present situation to continue. I must use every tool within my authority to address it promptly, in the interest of all users.
I have already communicated this to the Burnt Church First Nation, and with all of the people in that community who currently hold DFO tags to authorize traps for the food fishery. I have advised them that I am closing the food fishing activity in the Miramichi Bay portion of Lobster Fishing Area 23, where Burnt Church has been fishing. The commercial fishery is already closed. This is not a decision that I take lightly. But it is one that I believe is necessary for conservation and orderly management of the fishery. This is in the best interest of all users of the resource, because it is a key means of managing the fishery. It will make land-based enforcement easier by helping to identify lobster that has been caught for sale during the closed season. It will prevent people fishing for food from being caught in the midst of enforcement action against unauthorized commercial fishing. And it will avoid any further pressure on the lobster stock in an area that has been exploited much more heavily this fall than is usual.
As my Department has explained to the Band, they have caught approximately 165,000 lbs so far in their fall fishery. If they were to continue to fish until October 1 with the number of traps presently in the water, that total could be increased to 337,000 lbs. And these removals are in addition to the commercial fishery that already took place in the spring. This would have a serious detrimental effect on the stock.
The time has come where I can no longer accept promises in place of action. I am always open to negotiation on co-management, on access, on ways to make the fishery work. But I cannot negotiate at the expense of conservation, of fairness, or of social order.
Canadians want to see Treaty rights respected, the fishery resource protected, and fairness to prevail in the fishery for all users. I share these concerns. And I am working, with all the tools at my disposal, to meet these goals.
We have made steps towards increasing First Nations' access to the commercial fishery. And there remains more work to be done. The Government of Canada has committed itself to resolving outstanding questions about Treaty Rights. But over-exploitation of a limited resource is not the way to achieve those goals. And confrontation on the water is not the way to resolve the situation. I will not tolerate any action, by any of the users of the resource, which will jeopardize a peaceful and prosperous fishery. I am calling on all Canadians for calm, for restraint, and for a real commitment to peace.
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