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Lennox Island chief says moderate-livelihood lobster fishers will replace traps seized by DFO
Lennox Island chief says moderate-livelihood lobster fishers will replace traps seized by DFO

CBC

time20-05-2025

  • Politics
  • CBC

Lennox Island chief says moderate-livelihood lobster fishers will replace traps seized by DFO

Social Sharing The chief of the P.E.I.-based Lennox Island First Nation says the area's moderate-livelihood lobster fishermen will replace the traps that federal officials seized over the weekend. On Sunday, Fisheries and Oceans Canada confiscated lobster traps in Malpeque Bay that the agency said were not set by authorized crews. The First Nation said DFO removed 100 lobster traps each from three fishermen and took them to the wharf in Alberton — a move Lennox Island Chief Darlene Bernard is calling illegal. She said conditions were too windy for the fishermen to go out on the water Tuesday, but vowed that they would be back out Wednesday to replace all 300 traps. "We are going to secure more traps, and if they take 300 out, we're going to put 300 back in," Bernard told CBC News. "There's going to be 1,500 traps in the water." The Mi'kmaq have a right to fish for a "moderate livelihood" outside of the commercial fishery that's rigorously regulated by the federal government, a right that was reaffirmed by the Supreme Court of Canada's Marshall decision in 1999. There's going to be 1,500 traps in the water. — Lennox Island First Nation Chief Darlene Bernard The First Nation said the traps seized Sunday belong to its self-governed fishery that began in 2022. Bernard said the treaty-protected fishery follows the same rules as the commercial season, including when and where harvesters can set traps. Last year, Lennox Island fishermen set 1,500 lobster traps, up from 1,000 the year before. DFO has said Lennox Island community members are approved for only 1,000 traps, and that officers may take "enforcement action" against those fishing without a licence or approval. The federal agency said it can also step in to remove traps if lobster stocks are low to prevent overfishing. 'We're not going to fight on the water' Bernard said she hasn't seen any evidence from DFO that stocks are low, and added that the First Nation will take legal action to ensure its 1,500 traps can be set. "The treaty-protected fishery is a symbolic little fishery that has a huge impact on families in my community and I am not going to give that up without a fight, and we're not going to fight on the water," she said. "We're going to fish in peace and friendship, as our treaties say. We will fight this in court." Any number of additional traps, regardless of ownership, have significant negative impacts on the resource. — P.E.I. Fishermen's Association In a statement, the P.E.I. Fishermen's Association said it supports DFO's efforts to stop unauthorized fishing in order to protect lobster stocks. "The association has been a long-time supporter of the 'one licence in, one licence out' concept. This simple equation means that no additional traps or effort are allowed in the lobster fishery so that critical sustainability balances are maintained," the statement reads. "Any number of additional traps, regardless of ownership, have significant negative impacts on the resource." In addition to pledging to put all the traps back in the water Wednesday, Bernard is also demanding that DFO officials return all of the ones it confiscated over the weekend. Fisheries and Oceans Canada has not confirmed how many traps it pulled from the water on Sunday.

Lennox Island First Nation claims DFO seized lobster traps and violated Treaty rights
Lennox Island First Nation claims DFO seized lobster traps and violated Treaty rights

CTV News

time20-05-2025

  • Politics
  • CTV News

Lennox Island First Nation claims DFO seized lobster traps and violated Treaty rights

Fisheries and Oceans Canada (DFO) allegedly seized lobster traps deployed by the Lennox Island First Nation on Prince Edward Island that are protected by the First Nation's Treaty Protected Fishery, said representatives from Lennox Island in a news release. 'This is a constitutional Treaty right – not a privilege, not a negotiation, and not something Canada gets to control,' said Chief Darlene Bernard. 'Our Treaty Protected Fishery follows a community-developed plan that aligns with conservation priorities and voluntarily mirrors DFO regulations.' Bernard said DFO's actions are a violation of their rights. 'It is a modest fishery that we launched on principle and it has run successfully and safely for three years now.' DFO granted Lennox Island First Nation a one-time authorization of up to 1,000 lobster traps in Lobster Fishing Area (LFA) 24 under the Treaty-protected fishery in spring 2025. 'Fishing found in contravention of the Fisheries Act and regulations, and/or without a license or authorization issued by the Department, may be subject to enforcement action,' said DFO in an email to CTV. The fishery was proceeding with the same number of traps as last season, said the release from Lennox Island. They said they have engaged with DFO in good faith and followed regulations. 'This is about more than traps or lobster – this is about our right to self-determination, economic justice, and the survival of our way of life,' said Chief Bernard. 'We are not backing down. Our fishers are out there with the full support of our Nation and our ancestors behind them.' Chief Bernard demanded the return of the seized fishing gear and an end to DFO's enforcement campaign. 'On one hand, it recognizes our Treaty right; on the other, it seizes our traps when we exercise that right,' said Bernard. DFO said authorized community members in Lennox Island are required to meet licence conditions including the use of DFO tags. They said the situation at Malpeque and Alberton, P.E.I. is under investigation and no further details are available at this time. Lobsters For more P.E.I. news, visit our dedicated provincial page.

Lennox Island says it will defend treaty rights after DFO seizes lobster traps
Lennox Island says it will defend treaty rights after DFO seizes lobster traps

CBC

time19-05-2025

  • Politics
  • CBC

Lennox Island says it will defend treaty rights after DFO seizes lobster traps

Social Sharing Lennox Island First Nation is calling out what it describes as "aggressive enforcement" by the Department of Fisheries and Oceans after lobster traps were seized from its treaty-protected fishery in Malpeque, P.E.I., and Alberton, P.E.I., on Sunday. In a news release, Chief Darlene Bernard said the traps were part of a self-governed moderate livelihood fishery launched in 2022 and operated under a management plan created by the community. The Mi'kmaq have a right to fish for a "moderate livelihood" outside the commercial fishery regulated by the federal government. That's a right that was reaffirmed by the Supreme Court of Canada's Marshall decision in 1999. According to the release, the number of traps used this year as part of the treaty-protected fishery matched those in the previous season, which had proceeded without incident. "This is a constitutional treaty right — not a privilege, not a negotiation, and not something Canada gets to control," Bernard was quoted as saying in the release. "Our treaty-protected fishery follows a community-developed plan that aligns with conservation priorities and voluntarily mirrors DFO regulations. "DFO's actions are a blatant violation of our rights, and we will not tolerate this kind of intimidation. It is a modest fishery that we launched on principle and it has run successfully and safely for three years now." The chief is now demanding the return of the seized traps and is calling on DFO to return to "meaningful, rights-based dialogue." "If Canada is serious about reconciliation, it must stop criminalizing Mi'kmaw rights and start supporting them. We will defend our treaty rights by any and all peaceful means necessary — in the courts, in the media, and on the water," Bernard said. The release does not specify how many traps were seized on Sunday. A spokesperson for the First Nation told CBC News Monday that more traps will be set on Tuesday. The situation under investigation, says DFO In a statement to CBC News, DFO said it authorized Lennox Island community members to use up to 1,000 lobster traps in Lobster Fishing Area 24 during the 2025 spring commercial season under a one-year authorization. The season opened April 25 and runs until June 25. The department said fishing without a licence or in contravention of the Fisheries Act and regulations "may be subject to enforcement action." The department said enforcement officers may take a progressive approach, including education, warnings or charges. "Authorized community members in Lennox Island are required to meet licence conditions including the use of DFO tags. The situation at Malpeque and Alberton in Prince Edward Island is under DFO's Conservation and Protection investigation," the statement reads. It said fishery officers will continue patrols "to ensure compliance and promote a peaceful and orderly fishery." 'This is about more than traps or lobster,' says chief According to the Lennox Island release, the First Nation had met with DFO in good faith, including recent meetings to present its 2025 treaty protected fishery management plan, which voluntarily follows DFO regulations. "Yet, DFO continues to sideline those efforts and impose unilateral decisions rooted in political and policy decisions and the narrow interpretation of the Fisheries Act," it said. The release said Lennox Island's treaty fishery has created opportunities for Mi'kmaw youth and new harvesters, as well as helped relieve pressure on the community's oversubscribed commercial licences. "This is about more than traps or lobster — this is about our right to self-determination, economic justice, and the survival of our way of life," said Bernard. "We are not backing down. Our fishers are out there with the full support of our nation and our ancestors behind them."

Lennox Island Chief Darlene Bernard is retiring after nearly 20 years in position
Lennox Island Chief Darlene Bernard is retiring after nearly 20 years in position

CBC

time04-04-2025

  • Politics
  • CBC

Lennox Island Chief Darlene Bernard is retiring after nearly 20 years in position

Social Sharing After nearly two decades in leadership, Chief of Lennox Island First Nation Darlene Bernard is stepping down. In a letter to her community this week, Bernard said she will not seek re-election, calling it "one of the hardest decisions I've ever had to make." She first served as chief from 2001 to 2013, then returned to the role six years ago. "I see so many great things happening and I've been leading the charge. It's almost heartbreaking to say, oh, you know, you've got to let go all that kind of stuff," she told CBC News. "It was hard for me to walk away from a leadership role because… you become who you are. Like, you know, you're the chief, you're the leader, and it becomes your life." Chief Darlene Bernard of Lennox Island First Nation says deciding not to seek re-election was one of the hardest choices she's ever made, but she believes it's the right one. Bernard announced this week that she will step down after nearly 20 years in leadership, including two separate terms — first in the early 2000s and again over the past six years. Bernard said community members have trusted her to help them with their concerns and issues over the years. But she acknowledged that after all this time, the weight of leadership has become "a really heavy load" — especially through recent challenges like the COVID-19 pandemic, damage from post-tropical storms, and the ongoing work to implement and protect treaty rights. "I see lots of future leaders all around me, and I feel confident that I can pass the torch, and the work that I've done will continue to move forward," she said. Bernard will remain in office until a new chief is elected. The band's election is scheduled for June 14. Goals achieved Bernard said she feels this is the right moment to step down because she has accomplished the goals she set out during her most recent term. That includes building strong relationships with governments, which helped lead to the development of the Pituamkek National Park Reserve located a chain of islands off the province's North Shore. Along with Abegweit First Nation Chief Junior Gould, Bernard signed an agreement with Parks Canada last summer for co-governance of the Pituamkek National Park Reserve, following nearly two decades of negotiations. "We secured a brand-new wharf, a fire hall," Bernard added. We're working on our bridge and we brought in all kinds of homes and all these great things." She also mentioned her work with L'nuey, the organization representing the Island's two First Nations, as a key accomplishment. "We've done such great work to help all Islanders, all Epekwitnewaq have a better understanding of treaty rights and that we're here, we have a shared history together and that together, we can reach reconciliation," she said. Bernard added that while she won't be in office to see some major projects come to life — including the proposed Na'ku'set Sun Park solar farm in Mount Pleasant and the Wejipek Wind Project in the Kinkora area — she is proud of the groundwork that's been laid. "I'm not going to be here to see them become operational, but certainly I'll be watching from afar and cheering them on." Ongoing challenges While much has been achieved, Bernard said key challenges remain, particularly issues surrounding the federal Indian Act and how that affects the recognition of Indigenous children in the future. Many members of Indigenous communities in Canada have also raised concerns about the Indian Act's second generation cut-off rule, which says that after two generations of "out-parenting," Indian status cannot be transmitted to a child. In many instances, this prevents First Nations people from passing on Indian status to their descendants. A United Nations committee last year called on Canada to overhaul the Indian Act to remove discrimination against women and their descendants, and to eliminate the second generation cut-off rule. Bernard said many children in her community, including her own grandchildren, are affected by that system. "My grandchildren… they should be on the list. Half of them are, and half of them are not, depending on who they're, who my children are married to, whether they're status or not status," she said. "They are our children, they should be recognized. They should be the beneficiaries of our treaties and stuff. It's a ridiculous system, and it needs to be addressed." Bernard said L'nuey will continue to push for changes. "It continues to be a challenge for us to have self-determination in our communities and jurisdiction over how we do things here," she said. "There'll always be challenges for our people, but it's how we meet those challenges. If we meet those challenges with an open mind, with the spirit of reconciliation, then we can solve the problems and move forward." What's next As for her own future, Bernard said she's keeping an open mind. "I need to have some rest. I'm going to take the summer and take some time with my family.

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