Good afternoon, everyone. Thank you for the opportunity to speak before the Standing Committee on Fisheries and Oceans.
My name is Bernie Berry. I am president of the Coldwater Lobster Association. Our association was established five years ago and we represent approximately 200 members. Our membership is comprised of fishermen from Lobster Fishing Area 34, the largest LFA in eastern Canada, which encompasses an area of 8,500 square kilometres with 975 licences, the most licences in any LFA, and the largest landings per year at approximately 45 million to 47 million pounds per season.
The issue before us today has created great strife within our communities for over 21 years with little to no progress. A moderate livelihood fishery will have implications for first nations fishermen, commercial fishermen and all coastal communities that rely on the fishery for their economic survival.
The implementation process of a moderate livelihood fishery must be determined through open dialogue with all affected parties. The most critical reason for this matter of a moderate livelihood fishery not moving forward has been a lack of transparency in the negotiating process. The Crown has not carried out consistent or meaningful talks with either first nations or industry over the years.
Industry has been excluded from the most crucial conversations when they concerned a transfer of access to the fishery and how that is going to be achieved without harming the industry. The industry must be included in the talks because it has had a long dependence on these resources for the success of not only its own businesses but its communities' economic well-being as well.
The nation-to-nation negotiation model has not wielded any lasting success when it pertains to integrating first nations into the fishing industry through a moderate livelihood fishery. Continued exclusion of the fishing industry from these talks will not help to achieve a positive outcome in these discussions.
All parties must have their concerns fully vetted to have any chance of a lasting agreement among all involved. This process must recognize that there can only be one regulator and one set of rules for all. We cannot entertain any thought of having multiple regulatory regimes. If there are multiple regulators for one fishery it will only lead to confusion, non-compliance, lack of science, lack of enforcement, etc. It simply will not work.
In early September, Nanos Research was commissioned by Maritime and Quebec fishing associations to conduct a Canadian public opinion poll asking about how the fishery should be managed. In early November, Nanos Research was commissioned again to conduct a poll of Canadians, this time by The Globe and Mail and CTV, which included several questions from the earlier poll. One question in particular that was included in both surveys indicated that an overwhelming percentage of Canadians, 75%, believe there should be only one regulator and one set of rules laid out by the Government of Canada.
Adjacency must be a major component of any discussions pertaining to a moderate livelihood also. First nations have traditional territories that they have hunted and fished. First nations cannot simply choose where they want to fish. Traditional grounds, areas and territories must be established and adhered to by first nations.
Two first nations bands located in southwest Nova Scotia, namely Acadia First Nation and Bear River First Nation, have expressed major concerns about the infringement on their traditional grounds by outside first nations bands in Nova Scotia. The adjacency concern must be addressed in order to ensure there is no undue pressure on particular stocks in localized areas.
Since 1999, almost $600 million has been allocated to buy first nations access into the commercial fishery. Today another process is under way to negotiate a moderate livelihood fishery that will cost the Crown hundreds of millions of additional dollars. Industry believes the Crown has fulfilled its fiduciary responsibility concern in the Marshall decision.
The Marshall initiative, along with other government programs and the ingenuity of first nations, has created an economic success story within Atlantic Canada first nations. This success was documented in a recent Macdonald-Laurier Institute report, which showed the total on-reserve fishing revenue for Mi'kmaq and Maliseet in Nova Scotia province grew from $3 million in 1999 to $152 million in 2016. This number is expected to be much higher today.
The report evaluated the overall impact of the Marshall decision and highlighted impressive first nations fishing fleets, the dramatic increase in indigenous workers in the sector and the substantial financial benefits flowing to these communities.
It also documented the growth of onshore processing plants and related value-added businesses.
Following the 1999 Marshall decision, indigenous and non-indigenous fishermen have fished side by side in numerous fisheries. There is no difference between the two parties on the water in the commercial season. Collectively it is fishermen trying to do their best for their families and their communities.
The ultimate goal of any negotiation is to ensure that differences are put aside, but ultimately, equality and respect must prevail.
Thank you.