The dispute over tribal fishing rights in the Canadian waters of Passamaquoddy Bay has surfaced again, as five fishermen from Sipayik recently were summonsed by Canadian fisheries officers for fishing without a license. The ongoing issue highlights tribal members' lack of rights in Canada, as the tribe is not yet recognized by the federal government, although negotiations are under way.
     On October 19 Adam Newell of Sipayik was lobster fishing in Canadian waters off the Perry shore when his boat was boarded by officers with the Department of Fisheries and Oceans (DFO).      The officers threw overboard the 1,100 pounds of lobsters he had caught and confiscated the five traps on board, before going and hauling the 135 traps he had in the water.
     Newell and the four other tribal members aboard were summonsed for fishing without a license and are to appear in court in Saint John in January. Noting that the lobster fishing season has not yet opened in those Canadian waters, Newell says he was surprised that they were not also summonsed for fishing during a closed season. He says one or two other tribal fishermen also have been fishing over the line this fall.
     In its response to an inquiry, DFO released the following statement: "Fisheries and Oceans Canada fishery officers are currently investigating a U.S. fishing vessel that they intercepted and boarded in Canadian waters off the shores of New Brunswick. Following their investigation of activities on board, fishery officers escorted the vessel back to U.S. waters where the Maine Marine Patrol assumed enforcement control and escorted it back to port. As the matter is the subject of an ongoing investigation, no further comment will be provided."
     Pointing out that he was fishing under a Passamaquoddy tribal license, which he presented to the DFO officers, Newell states, "We have a right to fish in Passamaquoddy Bay." He adds, "I stood my ground for what I believe in."
     Newell points to the history of St. Croix Island, noting that, if it were not for the Passamaquoddy, Champlain's men who stayed there during the winter of 1604-05 all would have perished. "We showed them how to live there." He also references the 1999 Marshall decision in which the Supreme Court of Canada upheld Native fishing rights.
     This is not the first time that tribal fishermen have had their traps seized by DFO for fishing in Canadian waters. In 2014 Kani Malsom and Fred Moore III had their traps seized by DFO, with Malsom stating at the time, "It's our inherent right to fish on that side of the border. We never had to have a license." Moore had stated then that DFO was "infringing on the rights of the Passamaquoddy." He had added, "I don't have to defend fishing in Passamaquoddy Bay."
     Also in 2014, Hugh Akagi, chief of the St. Croix Schoodic Band of Passamaquoddy, said he believes that DFO is playing a game with the Passamaquoddy, saying they "don't know if we exist" and keeping tribal members from being able to implement their treaty rights. The Passamaquoddys' fishing rights stem from 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. Because of the treaties, Akagi says Passamaquoddys at Sipayik believe that they have the right to fish anywhere in Passamaquoddy Bay.
     Following the 1999 Marshall decision in which the Supreme Court of Canada upheld Native fishing rights, DFO "made deals" with reserves so that the Natives would follow DFO's fishery regulations, while allowing a certain number of licenses for each reserve. "DFO doesn't want to share control," Akagi had stated.
     At the time, DFO had issued a statement saying that, as a policy response to the supreme court's decision, "First Nations potentially affected by the decision were eligible to be issued communal commercial fishing licenses. However, the delineation of the nature, scope and implementation of the treaty right is the subject of ongoing negotiations under the mandate of Aboriginal Affairs and Northern Development Canada."
     Although Akagi said the Passamaquoddys were "having conversations" with DFO, the discussions had not been substantive, with "no effort to implement the treaties."

Progress on federal recognition
     Since then, some progress has been made for federal recognition of the Passamaquoddys. In January 2016, Minister of Indigenous and Northern Affairs Carolyn Bennett confirmed to Chief Akagi that she would be seeking a mandate from the Governor General in Council to begin comprehensive negotiations with the Passamaquoddy Nation. She also promised that the department would do all in its power to secure the recognition of the Passamaquoddy in Canada, and in May of 2016 the 1725 Peace and Friendship Treaties between the Crown and the Wabanaki nations was reaffirmed.
     In March 2017 a mandate was approved in Parliament so that government agencies would begin negotiations with the Passamaquoddys. "Before, we were outside the door. Now we have a foot in the door," says Chief Akagi in describing the current status. Negotiations will consider who are the members of the tribe and how the tribe will exercise its rights, among other matters. "We need to negotiate what recognition means," he explains. The chief is currently meeting once a month with a team from the Canadian government to develop a framework agreement for federal recognition.