The latest incident in the dispute over Passamaquoddy tribal members from the U.S. fishing in Canadian waters of Passamaquoddy Bay resulted in five fishermen from Maine being detained and fined and their boat, catch and some lobster traps being seized.
     While similar flare-ups having occurred during the past few years, as lobster fishermen from Sipayik say they have the right to fish anywhere in the bay, this time the boat's captain is critical of how he and his crew were treated by Canadian fisheries officers, although those allegations are denied by the Canadian Department of Fisheries and Oceans (DFO). And tribal leaders are not pleased about the incident taking place now, as the Passamaquoddy in Canada are negotiating with DFO about entry into the fisheries as part of their path toward federal recognition.
     On December 6 tribal member Sugum Francis was hauling traps in the bay about a mile from his Sipayik home aboard his boat the Miss Tiffany I. With him were his son Dakota Soctomah, sister Philomene Look, cousin Cote Choneska and a friend, Ralph Green, a non-tribal member from Princeton. He says around 1 p.m. three rigid-hull inflatable boats suddenly "came from out of nowhere," and Canadian fisheries officers, who he says were armed and wearing black masks, boarded his boat. He says he and the crew members were handcuffed with a covering placed over their heads so they could not see and were taken away in the boats to St. George. "If we'd have fell over, we'd have been dead," Francis says, with all of them handcuffed behind their backs. They were put in RCMP cruisers and transported to a holding place. He's not sure where they were then taken, but he says they were "put in a cold, wet cell with no pillows, no blankets, no food," except for a small meal that evening. They weren't allowed to make a phone call until his sister was able to call about 10:30 that night, to let the families know they were still alive, Francis says. "They just treated everybody horrible."
     However, Todd Somerville, DFO's area chief, conservation and protection, for Southwest New Brunswick, disputes some of Francis' statements, saying, "I have the utmost confidence that our officers handled themselves with the utmost professionalism." He adds, "For anyone in our custody, their treatment is very humane." While officers were armed, he says they were not wearing balaclavas or masks. Handcuffing is standard procedure, but he says those being detained did not have anything placed over their heads. Fisheries officers conduct man-overboard drills, and he says they would have been looking out for the safety of the detainees while they were transported by boat. Somerville says, "Our officers would not have kept them from making a call once they were at the RCMP station in St. George." He also says the holding cell is clean and blankets and food were provided.
     Of the court appearance the following day, Francis says the case was done "in five minutes. They said if we didn't plead guilty we would have to stay there." They were told that a bail would be set that would be too high for them to pay, so they decided to enter guilty pleas, he says.
     Somerville says all five detainees, who are U.S. citizens, pled guilty in Saint John provincial court on December 7 to charges under the Coastal Fisheries Protection Act related to entering into and fishing in Canadian waters. The captain was fined $3,000 and each of the crew $500. They were then returned to the border at Calais the evening of December 7.
     According to Francis, the officers told them that they were not being arrested but rather being detained for their own safety. Francis' boat is still in DFO custody at one of its detachments until the fines are paid, Somerville says. The catch aboard, worth $131, was seized, and the 35 traps still in Canadian waters will be recovered later by fisheries officers.

Ready to give up fishing
     Having gotten out of prison in 2016, Francis says he went right into lobstering, getting a tribal fishing license through Indian Township. "This is the longest I've ever not been in trouble, but this is the worst trouble I've ever been in," he says. "It ruined our Christmas, I know that."
     Last year fisheries officers also confiscated his traps at the end of the year, but he says he was able to get them back later. He understands that tribal leaders, since the incident, have been discussing revoking his lobster license. "They can't leave us out to dry. I need some help in this matter," says Francis, who says he is looking at getting an attorney.
     He points out that one of the tribal chiefs told him that the Passamaquoddy have an inherent right to fish in Passamaquoddy Bay. And he notes that he was picked up by DFO just off Pleasant Point, about a mile from his doorstep. "I've been fishing there my whole life."
     "They can have my boat, and they can have my license," Francis says following the incident. "I'm done. I'm not going through that again. That's not my idea of a good life. It was embarrassing. It was degrading." He adds, "It was just wrong -- everything -- especially for a non-arrestable offense."
     Francis is not the first Passamaquoddy to be summonsed for fishing in the Canadian waters of Passamaquoddy Bay. Last year Adam Newell of Sipayik and four other tribal members aboard his boat were summonsed by Canadian fisheries officers for fishing without a license, and Fred Moore III and Kani Malsom have in the past had their traps seized by DFO. Newell comments, "I believe it's within our treaty rights to have access to the resources of Passamaquoddy Bay." He also believes the tribal government should be providing more support for Francis with the most recent incident.
Ongoing negotiations with DFO
     Noting that the incident is a sensitive subject, Hugh Akagi, sakomak of the Peskotomuhkati (Passamaquoddy) Nation in Canada, says that Passamaquoddy chiefs, vice chiefs and some councillors from Sipayik, Indian Township and the Skutik band based in St. Andrews met the day after Francis and his crew were detained to discuss the issue and to be prepared for potential scenarios. "This might derail some of the negotiating process," says Akagi of the incident's possible effect on discussions with DFO. "It's probably not a good case to have in court now. It could work against us."
     The tribal leaders discussed possible actions to be taken, with Akagi noting that the crew's tribal fishing licenses could be revoked, if approved by the tribal government. "It needs to go back to the council," he says, but he stresses that "we need to find ways to avoid conflict" with the Canadian government.
     Pointing out that the negotiating process for federal recognition in Canada of the Peskotomuhkati Nation is complicated, Akagi says mandates from the federal government are needed to even begin negotiations. Having discussions on parks and fisheries has been approved, and a framework for negotiations was hammered out in a year, which was fairly quick, compared to that for other tribes. Any agreements will need to be approved by the Canadian government and also presented to the Passamaquoddy communities.
     Concerning the negotiations on the fisheries, he says, "We're not negotiating the right. It's about implementation and access." Akagi has pointed to binding agreements signed in the mid-1700s between the British and the Passamaquoddy, and Canada's Constitution Act of 1982 states that the country will respect the treaties that were signed. In addition, the Supreme Court of Canada upheld Native fishing rights in its 1999 Marshall decision. Because of the treaties, Akagi says Passamaquoddys at Sipayik believe that they have the right to fish anywhere in Passamaquoddy Bay, as the tribe's traditional territory stretches from the Penobscot River in Maine to Point Lepreau in New Brunswick. However, issues involving the rights of Passamaquoddys living in Maine in the framework agreement for recognition in Canada will require careful negotiation.
     Akagi says of the ongoing negotiations with DFO, "We would like the food fishery to be first on the agenda, then approach the commercial fishery. Once money appears, it changes the conversation." While the Passamaquoddy have treaty rights that are non-negotiable, Akagi says that there is "a big difference" between communal rights and individual rights. "We're promoting the food fishery and commercial fishery as communal. The right belongs to all the nation," he says, noting that any fishery has to benefit community and the people. "Individual rights for individual wealth are not part of our strategy," says Akagi, adding that the discussion "will be a difficult conversation."
     Last March, the Fundy North Fishermen's Association hosted a meeting to address issues raised by fishermen in New Brunswick who were concerned about Passamaquoddy fishermen being able to fish in Passamaquoddy Bay under a fisheries management plan with DFO. The association has been working to build a relationship with the Passamaquoddy and meeting with them in an effort to avoid any conflict.