Assembly of NS Mi’kmaq Chiefs Say DFO Must Conserve Depleted Atlantic Salmon  

The Mi’kmaq of Nova Scotia have been engaged in consultation with DFO over Atlantic salmon management. Through the Assembly of Nova Scotia Mi’kmaq Chiefs (ANSMC) the Mi’kmaq maintain that where the needs of resource conservation are not being met in Nova Scotian rivers, there must be neither an Atlantic salmon sports fishery nor a Mi’kmaq food fishery. The ANSMC opposes DFO's decision to allow two rivers in Cape Breton - the Middle and the Baddeck - to open in September and October for a recreational fishery because conservation requirements are not being met there.

In the historic 1990 Sparrow decision the Supreme Court of Canada recognized and affirmed the existing Aboriginal right of Aboriginal people to fish for food, social and ceremonial (FSC) purposes. The Supreme Court said the FSC rights of Aboriginal people took priority over all other users of fisheries resources, including the sports/recreational fishery.   

The Mi’kmaq of Nova Scotia have a constitutionally protected right to fish for food, social and ceremonial (FSC) purposes, limited only by conservation needs. The ANSMC believes that when conservation is an issue, all measures must be taken to preserve the valuable natural resource for the future of all generations. In two rivers in Nova Scotia where conservation needs are not being met, namely,the Middle River and the Baddeck River in the Bras d’Or watershed, DFO proposes a hook and release salmon fishery this year during September and October. The ANSMC opposes the decision to open these two rivers.

The ANSMC firmly stands on the position that if conservation needs are not being met, there should be no Mi’kmaq FSC fishing and no sports fishing. According to DFO’s own science reports, the conservation targets for these two rivers are not close to being met. The salmon returns to the Middle River are only 29.3 % of the spawner requirement set by DFO scientists, and the returns to the Baddeck River are only 34 % of the conservation spawner requirement.

The Canadian Science Advisory Secretariat states, respecting the “conservation spawner requirement” (CSR):

The CSR was originally adopted by the Canadian Atlantic Fisheries Scientific Advisory Committee (CAFSAC) as the level below which CAFSAC would strongly advise that no fishing should occur. CAFSAC considered that this level provided a modest margin of safety but that the possibility of irreversible damage to the stock increased the further spawning escapement was, and the longer it remained, below the CSR, even at levels only slightly below (CAFSAC 1991).  [Emphasis added]

The Middle and Baddeck rivers are seriously below their conservation spawner requirements (CSRs), and therefore, consistent with both the Assembly’s position and CAFSAC, should NOT be open to sports fishing for salmon. 

Assembly co-chair, Chief Terrance Paul, released a statement, saying,

“We do NOT support that aspect of DFO’s recommended management action. We also do not feel there should be a Mi’kmaq food, social and ceremonial fishery harvest for salmon in the Middle and Baddeck rivers.” 

Chief Paul emphasized, “The preservation of salmon stocks and rebuilding the river habitats is a priority to ensure the sustainability of the resources for all Nova Scotians.” 

Kwilmu’kw Maw- klusuaqn Negotiation Office/Mi’kmaq Rights Initiative works on behalf of the ANSMC in the negotiations and consultations between the Mi'kmaq of Nova Scotia, the Province of Nova Scotia and the Government of Canada. KMKNO was developed by the Mi'kmaq, for the Mi'kmaq.  The purpose of these negotiations and consultations is to implement our Aboriginal and treaty rights from the treaties signed by our ancestors in the 1700's. For further information go to our website at www.mikmaqrights.com .