Negotiations quietly continue towards recognizing the Peskotomuhkati as a First Nation in Canada. "This is an ongoing matter; in fact, they are negotiating on a regular basis including, I believe, today and maybe again later in the week," according to Allan Bonner, Ontario based communications person for the Peskotomuhkati Nation at Skutik.
     He says it is "premature" with negotiations ongoing for the Peskotomuhkati to comment on the statement by Canada's Fisheries and Oceans Minister Bernadette Jordan on March 3 that aboriginals with treaty rights must fish lobster within established seasons and follow other rules.
     Some aboriginal leaders, especially Mi'kmaq in Nova Scotia, say that under treaties signed in the 18th century they will defy this attempt to regulate their fisheries. Canada acknowledged existing aboriginal rights in constitutional amendments in 1982.
     In 1999 the Supreme Court of Canada acquitted Donald Marshall Jr. of illegally fishing eels in Nova Scotia, ruling that the old treaties allowed Mi'kmaq and other First Nations to harvest and sell natural resources to earn a "moderate livelihood." The court issued a clarification later that fishing rights protected by treaty could be regulated based on conservation concerns or other important public objectives.
     The violence in Nova Scotia waters last year was reminiscent of New Brunswick's Miramichi Bay in 1999 when Mi'kmaq at Esgenoôpetitj -- Burnt Church -- First Nation went lobster fishing outside the commercial season soon after the Marshall decision.
     Canadian Independent Fish Harvester's Federation (CIFHF) President Melanie Sonnenberg, who also works for the Grand Manan Fishermen's Association, does not see that happening in Passamaquoddy Bay or Bay of Fundy waters. She calls for "respect and dialogue" and says further, "We're hoping that we can continue to work with our Indigenous partners." Some First Nations communities hold lobster licences on Grand Manan already.
     The CIFHF issued a statement on March 4, quoting Sonnenberg in support of Minister Jordan's announcement the day before. "The government's commitment to a single regulated fishery is most certainly a step in the right direction. For over two decades there has been confusion, which has resulted in unnecessary tension, and, regrettably, violence within our communities. CIFHF wants positive working relationships with First Nations, and yesterday's announcement creates a meaningful path forward," the statement quotes Sonnenberg.
     "We are pleased to see the government recognize the importance of a peaceful, productive and prosperous fishery. Crucial to this is recognizing First Nations' fisheries rights," she says in the statement.
     Jordan set out three key points on March 3: first, the government will work with "Marshall communities" to develop "moderate livelihood fishing plans," licenced by her department to allow fishing this season. Second, fishing effort will not increase. The government will make room for more First Nations boats "through already available licences and a willing buyer willing seller approach." Third, aboriginal fisheries will operate within existing seasons. "In an effort based fishery such as lobster, seasons are part of the overall management structure that conserves the resource, ensures there isn't overfishing and distributes economic benefits across Atlantic Canada," she says.
     The minister also says to look for "an increased and coordinated federal presence on the water and on land this spring," including fisheries officers and the Canadian Coast Guard. She urges people to "give them the space and respect" to do their jobs. Jordan's announcement on March 3 might or might not have much impact on the negotiations with the Peskotomuhkati.
     Bonner agrees the negotiations could affect Peskotomuhkati in Maine, too. The Peskotomuhkati Nation at Skutik contends that the Peskotomuhkati are one nation regardless of the Canada/United States border. The Peskotomuhkati Nation at Skutik intervened in a Supreme Court of Canada case last year, supporting people of Sinixt descent in Washington State claiming the right to hunt in British Columbia. The court heard arguments last fall and reserved judgment.
     "I think that eventually there will be some sort of accommodation for people who are part of an Indigenous nation," Bonner says, allowing aboriginals to show something other than an American or Canadian passport at the border.