Reprinted from Maritime Fishermen's Union Local 6 http://home.nstn.ca/~nstn1910/mfu/index.html Presentation by Maritime Fishermens Union-Local 6 to the Parliamentary Standing Committee on Fisheries and Oceans - November 23, 1999 To the Parliamentary Standing Committee on Fisheries and Oceans Thank you, Honourable Members of Parliament, for the opportunity to share with you, today, some of our thoughts and experience on the issue of First Nations' Treaty Rights and the Commercial fishery. In my area: the East Coast of Cape Breton Island, we have begun the development of the "Cape Breton Co-management Board". This process goes back at least a couple of years, and involves four organizations of inshore fishermen; representing the majority of fishermen in Sydney Bight – NAFO Area 4Vn. While we are in the Scotia-Fundy Region, which is so diverse, we are more like-minded as are the Bonafide inshore fishermen in the Gulf Region. We have been working with DFO at the Area level to develop and implement policies and fisheries management at the Local level, with fishermen, through our organizations, playing an increasingly greater role in fisheries management. It would seem that the logical step now is for this Board to bring in the First Nations in our area, to work as partners in this Co-management process. This was the message sent to the First Nations in Cape Breton. So far we have had one introductory meeting, and we are looking forward to continuing the dialogue. The First Nations are seeking some financial assistance from DFO to carry out our negotiations together, and we support them in this. We also agree to deal with Cape Breton Island as one unit. Thus we bring in the representatives of fishermen's organizations in Richmond County, and Inverness County – which is in the Gulf Region. The fishermen and First Nations in Cape Breton are all very happy to see one set of Negotiations for Cape Breton as one large natural community where the fishermen are like-minded; as, I believe are the First Nations. The essential ingredients towards successful negotiations, and then, co-existence of Natives and commercial fishermen, are the following: peace and friendship; the community base; local authority; strong organizations that can work together; support (and not obstruction) from DFO; and the financial responsibility from the Crown to make room for new entrants from the Native Bands, by buying out licenses from commercial fishermen ready to leave the fishery. To elaborate on these points further: peace and friendship is obviously urgent. We have had good relations in the past in our area and we hope to build on that. We have to understand each other's points of view and be willing to work together. From our point of view, we are involved in fisheries that are highly regulated, and would feel threatened by others fishing in different seasons; and/or with different rules. The community base in this case is Cape Breton Island. While DFO splits us into the Gulf and Scotia-Fundy Regions, and sends us to meetings in Moncton and Halifax, we agree with the five Bands in Cape Breton that there should be one master plan for what the Mi'kmaq call Unamaki. We should meet in Cape Breton and our decisions should be made there. If there are either commercial fishermen or Native fishermen from outside of Cape Breton who wish to fish our waters, then they should abide by our plans. We have agreed to this. Our preference is for local authority and also that more of the decision-making happens locally. It also means that just because our plans don't work in Shelburne County, or British Columbia, or wherever, they should not be rejected. Let us not destroy good local initiatives for lack of conforming to regional or national policies. Success will be best achieved at the local level and should be supported. Strong organizations that can work together are essential on the part of both the Natives and the commercial fishermen. Never was the need for appropriate representation and good leadership more urgent then now. Fishermen must voice their concerns and get their information from organizations that are democratically accountable, and have the necessary resources and experience. Native leaders must be able to speak for their people. Their rights being "Communal" really simplifies matters, and is to be respected if the leaders of Native Bands really want to see their communities gain as a whole, rather than a very few individuals. Inshore fishermen's organizations have been struggling for years for the survival not of a few individuals, but for our communities. Another point about organizations is that inshore fishermen's organizations, and First Nations' organizations are based on broad-based fishing communities – not according to species or gear- type. We have spoken in our area of the need for basic policies and understanding first about the fisheries in general. Only after the basic framework is in place do we talk about specific fisheries. In this way we can be real partners in co-management; not just more adversaries at the table arguing allocation. In the end, DFO must enforce the fishery overall, and look out for conservation. They should support us when we work together and not try to lead us in other directions. Local negotiations can be highly successful if the regulations are clear and conservation comes first. Then DFO can enforce with all of our blessings. My point about the Crown assuming responsibility should be clear enough. The treaties were signed by the Crown, not the local commercial fishermen. We want to try to accommodate the Native peoples, but everyone knows too well that no fishery can withstand additional effort right now. In my area it was the fishermen who realised that there was a problem in the lobster fishery and that we had to do something. So the fishermen in Sydney Bight voted 75% in favour of increasing the minimum size lobster we could take in order to conserve the stocks. This happened before the then-Minister Anderson decreed the need to double egg production in each lobster fishing area. Our fishermen already knew we had to do something, and had done it ourselves. Clearly then, the only way that the commercial fishery can accommodate new effort is to transfer it through a voluntary buyout of commercial licences. And the Crown should assume that responsibility to provide the funds for the buyout. Fishermen have been hit hard enough in recent years with more costs and fees then you'd have time to hear about today. I hope that I have addressed some of the questions that you have raised and look forward to more discussion on this topic. We all know that the road ahead will not be easy, and that it is too easy to be derailed from the track of progress. But we have to try, and we mustn't be misled by individuals. This is where the community focus is so necessary. Thank you, Jeff Brownstein President, Local 6, Maritime Fishermen's Union