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ARCHIVED - Aboriginal Fisheries in Atlantic Canada – Two Decades of Progress

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Since the Supreme Court of Canada’s 1999 Marshall decision that affirmed a treaty right to hunt, fish and gather in pursuit of a “moderate livelihood” arising out of Peace and Friendship Treaties of 1760 and 1761, Fisheries and Oceans Canada (DFO) has implemented a number of programs to provide direction and assistance to facilitate the integration of First Nations communities affected by the decision into Atlantic Canadian fisheries. 

The Marshall decision affected 34 Mi’kmaq and Maliseet First Nations located in New Brunswick, Nova Scotia, Prince Edward Island and the Gaspé area of Québec. The Court reaffirmed that the federal government has the authority and responsibility for regulating the fishery, with conservation as the key consideration.

2000-2007 – Marshall Response Initiative

The Marshall Response Initiative (MRI) was created to provide the 34 Mi’kmaq and Maliseet First Nations affected by the decision with increased access to the commercial fishery.

Under the program, fisheries agreements and contribution agreements were reached with 32 of the 34 eligible First Nations. These agreements provided for fisheries access (including vessels, gear, and commercial fisheries infrastructure) and First Nations internal governance.

Additionally, a number of capacity building programs were developed as companions to the MRI to encourage the growth of First Nations commercial fishing enterprises and the participation of First Nations in the management of Atlantic Canada’s fisheries and marine ecosystems, including:

  • The At-Sea Mentoring Initiative (2004-08) provided support to further develop the fishing and marine skills of First Nations and to enable them to become independent in providing their future training requirements.
     
    • During Phase 1 -- the First Nations Fisheries Mentor Training and Certification Program -- more than 70 First Nations and 20 non-Native mentors were trained and certified.
       
    • In Phase 2 -- the First Nations Fisheries Mentor Deployment Pilot Program -- mentors provided hands-on experience to 375 inshore and mid-shore fishers from 22 First Nations communities during the commercial fishing season.
       
  • The Fisheries Operations Management Initiative (2004-08) provided assistance to First Nations affected by the Marshall decision to help them strengthen their community-level fisheries management structures through the establishment of institutions, policies and plans to maximize and sustain benefits resulting from fisheries assets acquired by First Nations under the Marshall Response Initiative.  Eleven First Nations participated in the initiative.

2004 – Aboriginal Aquatic Resource and Oceans Management

The Aboriginal Aquatic Resource and Oceans Management (AAROM) program provides for increased involvement of Aboriginal groups in integrated watershed and ecosystem-based planning and management processes.

AAROM provides funds to assist eligible Aboriginal communities in the establishment of aquatic management bodies. These bodies serve at a level between member-communities and multi-stakeholder processes, as a cost-effective focal point for interaction with the full range of DFO sectors and programs. To date, nine aquatic management bodies have been formed in Atlantic Canada.

2007: Atlantic Integrated Commercial Fisheries Initiative

The Atlantic Integrated Commercial Fisheries Initiative (AICFI) program was announced in the 2007 Federal Budget to build on the achievements of the Marshall Response Initiative.

AICFI provides $20 million over two years to assist Mi’kmaq and Maliseet First Nations affected by the Marshall decision to further develop governance and business management skills, build capacity in their commercial fisheries operations and have a more effective voice in fisheries co-management. The long-term goal of AICFI is to fully integrate the commercial fisheries in Atlantic Canada, where all participants work cooperatively to achieve long-term resource sustainability.