A letter from Nova Scotia Premier, Stephen McNeil.
Like so many Nova Scotians, members of my government and I are concerned about the ongoing dispute between Indigenous and non-Indigenous fishers in Southwest Nova Scotia.
The Supreme Court of Canada has ruled that the Peace and Friendship Treaties provide the Nova Scotia Mi’kmaq the right to harvest and sell fish, wildlife, and wild fruit and berries to provide a moderate livelihood.
The province recognizes and supports the legal, constitutional Aboriginal and treaty rights of the Mi’kmaq, and while many of the details surrounding the nature and extent of those rights are not clear, clarification is best addressed through open and respectful dialogue.
Nova Scotia Mi’kmaq are working as a Nation to determine what is required to implement those treaty rights, what it means, what it looks like and what rules should be put in place.
It’s good that the federal fisheries minister continues to speak with interested parties regarding this latest fishing dispute in southwest Nova Scotia. It is essential to find a path forward and that can only happen if all sides come together in a respectful and constructive way.
Discussions continue within communities and with the province on topics such as wildlife and forestry through the Made in Nova Scotia negotiation process.
Meanwhile, the province of Nova Scotia and the Mi’kmaq have entered into a number of interim collaborative management agreements, including moose population management and a forestry initiative.
Our objective is to have a safe and enjoyable moose hunt for Mi’kmaq and licensed hunters.
Any potential disruption of the legal moose hunt will be jointly addressed. While we respect the right for peaceful protests, it is illegal to interfere with a lawful hunt.
Always The Same Fight
Treaty rights in Nova Scotia included the rights for First Nations to hunt and fish whenever they wanted to. They were never limited by season. Since that time, the government continues to pick away at the rights they bargained for. Now they come with increased stipulations.
Donald Marshall Jr. was charged with three offences pursuant to the Fisheries Act and Fishery Regulations in August, 1993:
The selling of eels without a licence;
The fishing without a licence; and
The fishing during the close season with illegal nets.
What followed is considered a landmark case that establishes First Nations right to fish and hunt. Added to it, they were to be allowed to support themselves and family this way by what was called a “moderate living.” “Moderate living” wasn’t defined. Therefore, it’s up to interpretation to define it. This opens the door for further disputes as we see now.
The court will no doubt impose further restrictions on this right, and limit it some more. See:
The Lower Saulnierville wharf. Photo Sakura Saunders, Facebook
KJIPUKTUK (Halifax) – Politicians and the leadership of non-Indigenous fishermen are allowing tensions between Indigenous and non-Indigenous fishers in Digby County to rise to dangerous levels.
This is what happens when land acknowledgements are just things you say at the start of meetings, and when the term ‘unceded’ is devoid of real meaning.
What’s playing out in the waters off Digby is complex, but the bottom line is that both non-Indigenous fishermen and the Department of Fisheries and Oceans are trying to stop Mi’kmaq from exercising their treaty rights.
That right was recognized by the Supreme Court when it confirmed in its September 1999 Donald Marshall Jr. decision that established that Indigenous fishers have the right to fish out of season to earn a moderate livelihood.
Like it or not, that’s the law now.
The media continues to report on Mi’kmaq fisheries as illegal, unwilling to recognize that the Mi’kmaq Nation is equal to Canada in its sovereignty, and just as justified to consider DFO’s efforts to interrupt their fisheries illegal.
Shubenacadie River is the most important striped bass spawning ground in Nova Scotia.
KJIPUKTUK (Halifax) – Alton Gas likes to brag about the soundness of its approach and its willingness to share information with the public.
However, if it weren’t for Rachael Greenland-Smith and Dale Poulette, two stubborn citizen-researchers, we would never have seen evidence that the federal department of Environment and Climate Change (ECC) point blank refused to approve the project as it is currently proposed.
Alton Gas intends to dump 1.3 million cubic metres of salt into the Shubenacadie River over a two- to three-year period. The salt would be flushed out as nearby natural gas storage caverns are being excavated.
Indigenous water protectors and their allies believe that this will harm creatures that live in and around the river and that the Mi’kmaq people who traditionally hunted and fished the area never surrendered the land and were not properly consulted.
The last striped bass spawning ground in Nova Scotia
Natural gas is a fossil energy source that formed deep beneath the earth’s surface. Natural gas contains many different compounds. The largest component of natural gas is methane, a compound with one carbon atom and four hydrogen atoms (CH4). Natural gas also contains smaller amounts of natural gas liquids (NGL, which are also hydrocarbon gas liquids), and nonhydrocarbon gases, such as carbon dioxide and water vapor. We use natural gas as a fuel and to make materials and chemicals.
Shubenacadie River, Nova Scotia
The plan to store the gas in caverns is flawed. Despite assurances it will be absolutely safe, there aren’t any guarantees. There have been some very serious leaks causing explosions and fires and although these represent extreme failures, constant leaking occurs. In an EPA report, it said that in 2012, twenty-seven percent of the leaked emissions were from transmission and storage. Forty-five percent from production, sixteen percent from distribution and twelve percent from processing. Similar failures are reported across the globe, not just the U.S., so is it any wonder the safety of the Alton Gas project needs to be questioned?
Although the brine is a salt solution, the Nova Scotia Striped Bass Association feels these releases could have a negative impact on the fish during spawning season. It also begs the question about toxic blooms of algae that could grow with the increase salt discharge. It would absorb oxygen out of the water and leave the fish more susceptible to disease.
In an article by the Council of Canadians titled “The Unacceptable Risk of Alton Gas Storage” it says, “An independent quantitative risk analysis done in 2015 by Rob Mackenzie for a similar project in Seneca Lake looked at the risk of underground hydrocarbon storage, including salt cavern storage. His risk analysis concluded that salt cavern storage poses an unacceptable risk due to the medium likelihood and extremely serious to serious consequences.”
The adult population of genetically unique westslope cutthroat trout in a river in B.C.’s Kootenay region dropped by 93 per cent this past fall compared with 2017 levels, according to a monitoring report from Teck Resources.
The company operates four giant metallurgical coal mines in the Elk Valley region, where levels of selenium pollution, which originates from the mines’ many waste rock piles, have increased steadily for decades.
Teck has conducted fish surveys in the Upper Fording River since 2012. A fall presentation from Teck reviewed by The Narwhal shows that monitoring conducted by contractors in September and October 2019 identified a precipitous decline in adult and juvenile westslope cutthroat trout in the Upper Fording and that such a decline “represents a trigger” for a population crash.
Upper Fording River adult trout counts dropped 93 per cent and juvenile counts dropped 74 per cent from 2017 levels, according to Teck.
Through the long winter, many have endured cramped, icy quarters with perilously low oxygen levels. Others have recently journeyed incredible distances from large rivers and lakes to small summer habitats upstream.
But the survival tools these fish have used for millennia — exceptional tolerance to cold, slow growth rates and long lifespans — could be a disadvantage as environmental conditions in the north warm and more fast-paced species move in.
Our research team set out to see how stream fishes were responding to unprecedented environmental changes across their northern ranges. Ultimately, we wanted to know how these changes might affect the hundreds of thousands of people in Alaska and northern Canada that rely on local fisheries for food, culture and economic security.
A good news story?
On the surface, the results from our study appear to provide a “good news” story. Warming temperatures were linked to higher numbers of fish, more species overall and, therefore, potentially more fishing opportunities for northerners.
Initially, we were surprised to learn that warming was increasing the distribution of cold-adapted fish. We reasoned that modest amounts of warming could lead to benefits such as increased food and winter habitat availability without reaching stressful levels for many species.
Yet, not all fish species fared equally well. Ecologically unique northern species — those that have evolved in colder, more nutrient-poor environments, such as Arctic grayling and Dolly Varden trout — were showing declines with warming.
Fish strandings and buried eggs
Recent news headlines run the gamut for Pacific salmon — from their increased escapades into the Arctic to massive pre-spawning die-offs in central Alaska. Similarly, results from our study revealed different outcomes for fish depending on local climatic conditions, including Pacific salmon.
We found that warmer spring and fall temperatures may be helping juvenile salmon by providing a longer and more plentiful growing season, and by supporting early egg development in northern regions that were previously too cold for survival.
In contrast, salmon declined in regions that were experiencing wetter fall conditions, pointing to an increased risk of flooding and sedimentation that could bury or dislodge incubating eggs.
Interestingly, we found that certain climatic combinations, such as warmer summer water temperatures with decreased summer rainfall, were important in determining where Pacific salmon could survive. Summer warming in drier watersheds led to declines, suggesting that lowered streamflows may have increased the risk of fish becoming stranded in subpar habitats that were too warm and crowded.
The fate of northern fisheries
The promise of a warmer and more accessible Arctic has attracted mounting interest in new economic opportunities, including fisheries. As warming rates at higher latitudes are already two to three times global levels, it seems probable that northern biodiversity will experience dramatic shifts in the coming decades.
Although climate change action is urgently required at the global level, there are still tools that environmental managers can employ locally to reduce some of the effects. For example, watersheds with an elevated risk of flooding during the salmon incubation period could have more stringent streamside habitat protections, such as preserving larger areas of streamside vegetation from development, actively revegetating disturbed areas and conducting site-specific erosion and sediment control studies. In dangerously warm and dry years, fishing quotas could be reduced to limit salmon die-offs.
Ultimately, we advise that getting ahead of these impending changes by preserving the integrity of large intact watersheds will be key for protecting these evolutionary superstars from new human-driven pressures.