Historically, different cultures have sustained the people around St. Georges Bay, Nova Scotia. Names of places used today include derivations from Mi'kmaq, Gaelic and French names such as the Mi'Kmaq Mabou, Antigonish, Pictou, and Merigomish. The Gaelic Arisaig, Creignish, Lismore, and the French Harve Boucher, Tracadie, Pomquet and Judique, as well as the spelling of St. Georges itself (note there is no apostrophe) There is archaeological evidence of a few thousand years of settlement around St. Georges Bay by pre-European aboriginal people.

Source: Davis et al. 1999

European exploration and settlement, beginning in the late eighteenth century, changed significantly, with the patterns of activity in the St. Georges Bay area. Prior to this time, most commercial resource development took place on the Atlantic side of what is today the province of Nova Scotia. Several European nations had established, over a period of three hundred years, various seasonal fishing camps and short term settlements for Basque, Portuguese, Spanish and French fishermen. The rich fishery on the banks of the Atlantic would continue to be the focus for European resource exploitation but after 1800 this was matched by the land based developments carried out by recently arriving European settlers. Added to this were Acadians returning to L'Acadie from the exile imposed in 1755. These Acadians appear to have had little contact with St. George's Bay prior to the deportation but after the 1780's settled in Pomquet, Tracadie, and Harve Boucher.

The largest number of settlers around St. Georges Bay came from the clearances (1770s to 1830s) of the Scottish Highlands. Pre-loyalist "Americans" and United Empire Loyalists pre-dated the Scots forming the basis for a local merchant and political class for several decades. However, it was the culture of the Gaels (Highland Scots) that was ascendant. In comparison, all other distinctive cultures, Mi'Kmaq, Acadians, Irish, Black and Loyalist, claim minority status while the Highland Scots communities came to dominate the human geography of the Bay from the late 1790s to the present. The co-op movement expanded in the fisheries area through the work of the extension Department of St. Francis Xavier University and the initial organization of the United Maritime Fishermen (U.M.F).

Source: Statistics Canada Census Reports

Nova Scotia can boast of many things, one of them being the pioneering efforts of fishing since the early seventeenth century. The Gulf Region of NS comprises all the waters of the Gulf of St. Lawrence adjacent to the eastern coast of New Brunswick, the Northumberland Strait coast of Nova Scotia and western Cape Breton Island, as well as the whole of Prince Edward Island.

The Gulf of St. Lawrence constitutes one of the world's largest enclosed seas, a highly productive ecosystem, and a major arena of commercial fishing in Atlantic Canada. The fishing industry in the Gulf region consist mainly of vessels less than 45 ft in length, representing approximately 97% of the fleet..

The waters of the Gulf of St. Lawrence are shallow in many places (the mean depth is under 80 meters) and due to the heating by the sun, constitute the warmest ocean area of eastern Canada. While in winter, the Gulf region is entirely covered by ice, in summer the temperature of the surface water may be between 16°C and 20°C, and may be as high as 25°C in the shallowest Bays (GBEP 1999).

The Gulf NS Area possesses three main biological components. To the West, Northumberland Strait possesses a number of sensitive environments, such as salt marshes, beaches and estuaries, where many species spawn, grow, and feed. In the central part of the area, several rivers drain via estuaries, into St. George's Bay, which is analogous to a miniature ecosystem and harbours various commercially important species. To the northeast of the Cape Breton Highlands, deep water affords ideal habitat for lobster and snow crab close to inshore, as well as, ground fish further out. Important concentrations are generally within 20km from shore (GBEP 1999).

Through this deep cultural inheritance has arisen many fishermen whose livelihood depends solely on what these waters possess. These fishermen have been legendary in their struggles with governments, restrictions, moratorium, and oil and gas to prove what they have is worth fighting for. As a result of their perseverance and loyalty these fishermen have initiated associations to work together to create a barrier that will resist impending imbalances in the inshore fishery. Demonstrating that the fishing industry is and can maintain a sustainable working industry.

promoting and securing beneficial legislation for fishermen;

providing fishermen in the organization with fisheries related services;

promoting conservation measures among fish harvesters to ensure rational exploitation of the fishery and revival of its resources;

promoting a high level of collective living through studying socio-economic challenges affecting the lives of fishermen, their families, and communities; and

coordinating or affiliating with other organizations that have similar objectives to GNSBFA.

To develop a stronger voice in these issues, fishing organizations throughout the Gulf region have affiliated together to create the Gulf NS Fleet Planning Board, Gulf NS Fisheries Petroleum Advisory Board, and Groundfish Federation of Nova Scotia. All Boards are comprised of voluntary elected members that believe the Southern Gulf Fishery contributes unequivocally to the economy of Nova Scotia. The value of the fisheries in the Gulf region has grown significantly over the last ten years, based on DFO stats, the total landed value was $326 million. Despite these set backs, the value of the fishery in the Gulf region has grown significantly (due in part to the increased value of shellfish) making the roles and responsibilities of these organizations even more important for the continued success of the industry.

The Federation of Gulf NS Ground Fishermen has been one of the most effective organizations in the region representing small boat fish harvesters. As stated by the organization itself:

Gulf NS Fisheries Petroleum Advisory Board (GNSFPAB) consists of elected involvement from all marine users in the southern Gulf of St. Lawrence. The Board has taken a grass roots approach in establishing their existence and creating awareness that the Gulf of St. Lawrence is an unique, diversified ecosystem. The East Coast's supports one of the most productive multi-species inshore fisheries and is a vital spawning ground and nursery area. GNSFPAB is dedicated to and will work towards ensuring the long-term protection and sustainable use of the ecological environment within the Southern Gulf of St. Lawrence - plus surrounding ecosystem. Currently, the GNSFPAB is actively protesting the impending oil and gas exploration surrounding NS98-2 Parcel 1, off Cape Breton.

Gulf NS Fleet Planning Board has been existence since 1995 and has a long history of active involvement with affiliated organizations establishing a proactive/innovative approach in such issues as; oil/gas exploration, professionalization, rationalization, snow crab management, quota purchases, and ITQs. The FPB has represented multi-species fishermen since their formation and has demonstrated leadership, management, and fair representation. Their mandate is to collectively develop policies to stabilize and advance the Gulf NS Inshore Core Fishery (boats less than 45 feet in length). The Fleet Planning Board has been instrumental in developing historical changes that have effected the southern Gulf fishermen.

Source: Department of Fisheries and Oceans 1998

Other affiliated fishing organizations existing throughout the Southern Gulf of Nova Scotia that represent the interest and needs of fishermen are:

Cheticamp & Area Fishermen's Association;

Inverness South Fishermen's Association;

Cumberland North Fishermen's Association;

Inverness North fishermen's Association;

Gulf NS Herring Federation;

Area 18 Crab Association;

Area 19 Crab Association;

Being affiliated with these organizations has made a distinctive difference on major issues facing the Gulfs' region inshore fishery. These include such things as:

1995/96 industry managed temporary allocation for snow crab in Area 19 - first of its kind;

First fishery in Atlantic Canada to use an individual quota management system (for the Cape Breton inshore snow crab fishery);

Herring agreement - 1996;

1997 - Fleet Planning Board purchased quota from mid-shore fleet (Individual Transferable Quota);

1988 lobster catch size increased - pilot project;

1998 - commitment by the Gulf NS Herring Fishery to manage daily trip limits for the fall herring fishery.

establishment of harbour authority and habitat restoration

The St. George's Bay Ecosystem Project (GBEP) began in 1998 as a collaborative, long term research project organized by the Interdisciplinary Studies in Aquatic Resources program (ISAR) at St. FX. The project was set up in partnership with several local marine harvester organizations including the Gulf Nova Scotia Bonafide Fishermen’s Organization, as well as the Mi'Kmaq Fish and Wildlife commission (MFWC) and the Maritimes Region Fisheries Science Branch of the Department of Fisheries and Oceans. The project was intended to foster communication among these various organizations as well as to gather the specific types of research information necessary for the sustainable management of local fisheries. The design of the project is based largely on the ecological concerns raised by marine harvesters themselves, and the information collected to date represents the most comprehensive body of knowledge yet collected by any organization in regard to the marine and human ecology of St. George’s Bay.

Over the last three years a large body of information has been collected in regard to climate, geology, oceanography, soils, ecosystem, watershed areas, water resources, industry (forestry, fishing, mining and agriculture), economics and the social characteristics of fishing communities. A first step has been made towards mapping local ecological knowledge of the coastal zone, estuaries and river systems, as well as associated human resource and land use patterns.

The GBEP core study area begins at Lismore in Pictou County and extends northeast to Finlay Point (near Mabou) in Inverness County (Figure 1). The total study area includes all estuaries and watersheds associated with St. George’s Bay but also the coastal zones and estuaries between Finlay Point and Pleasant Bay, which is, located further north in Inverness County. This comprises a total area of 4,600 km² of land and 2625 km² of water.

The social research component of the St. George’s Bay project has been of particular importance to the members of GNSBFA since it provides the foundation for further social research and for the more thorough mapping and documentation of local ecological knowledge. Once documented that knowledge will in turn inform the design of further ecosystem studies that will address, for instance, the relationship between groundfish and lobster populations. The following paragraphs provide a summary of some of the more important social research findings of the St. George’s Bay project, and describe how that research will be used to inform the future research agenda of GNSBFA.

A survey of randomly selected lobster fishermen in the St. George’s Bay area was conducted in the summer of 1998. The survey was designed to collect information from fishermen concerning the history of their involvement in local fisheries, their involvement in harvester organizations, their sense of attachment to their home communities, and their recommendations concerning local knowledge "experts". Approximately, 174 license holders (out of a total of 304 in the area) were selected on a random basis and telephone interviews were completed with 128, or 73% of those selected. Although the survey was not restricted to GNSBFA members, the results are broadly indicative of the characteristics, history and attitudes of GNSBFA members.

Through the co-operative efforts of fish harvesters, the university community, and government agencies, a solid foundation of research material was compiled under the support of the St. George's Bay Ecosystem Project. In addition, administrative and research capacity within native and commercial marine harvester organizations has been strengthened, and the benefits of increased harvester participation in the management strategies and practices within the St. George's Bay ecosystem have been recognized. Without a doubt the St. George's Bay Ecosystem Project has been instrumental to the fisheries of this region. This project will allow fisheries managers and marine harvesters to examine the implications of increasing or decreasing effort in particular fisheries or of implementing alternative management initiatives such as marine protected areas and fishing exclusion zones. Overall this report provided a baseline document that is essentially a place from which to define research needs and to develop research processes with some likelihood of contributing substantially to the achievement of a working model of the ecosystem.

On-going research on these issues is now being facilitated through the partnership of GNSBFA with the Social Research for Sustainable Fisheries (SRSF) project headquartered at St. FX University. This partnership developed in large part because of the relationship GNSBFA developed in 1998 with the university community through its involvement in the St. George’s Bay Ecosystem Project. When the GBEP report was given to some of the fishermen in GNSBFA it served as a catalyst for further interest and discussion. Fishermen who had read the document identified areas and issues of concern and wanted to "take the project a bit further down the road" (Benoit 2001).

SRSF is funded by the Social Sciences and Humanities Research Council of Canada (SSHRCC) through its Community-University Research Alliance (CURA) programme. The basic purpose of SRSF is: to develop fisheries-focused social research linkage between university researchers and community organizations; to build the social research skills of the community organization partners; and to facilitate fisheries social research activities that examines the concerns of the partner organizations. Social research capacity, experience and linkages are developed through research-focused workshops and specific research projects (Davis 2001).

SRSF’s other affiliated partners include Mi'kmaq Fish and Wildlife Commission, Afton and Guysborough County Inshore Fishermen's Association, and the ISAR Program at St. FX. Through this partnership a strong link has developed where each organization has the resources and expertise of the others. Valuable working documents have been produced and through these they have resulted in stronger representations and organizational structure.

In the previous phase of social research carried out as part of the St. Georges Bay Ecosystem Project, participants identified key fishermen who they felt were highly knowledgeable and conversant in regards to the fishery and fishing grounds. This information was critical in developing our next stage - the interview. Designated fishermen, chosen by their peers have identified these individuals so that we may document their ecological knowledge and experiences concerning fisheries.

The interviews will consist of the participants giving a detailed history of their personal lives, fishing lives, changes observed in the fishing industry over the years, and fishing experiences. This information will be given back to the participant in a timely fashion. A major contribution to this research will be the changes in fishing methods. This documented information will demonstrate past achievements and struggles so that we may use the information in regards to fisheries management policies.

Within the SRSF project, GNSBFA has been able to continue working in affiliation with St. FX’s ISAR program. Established in 1997, ISAR is North America's first interdisciplinary undergraduate program focused on aquatic resources. Students in ISAR receive a broad education in various fields, including Sociology and Anthropology, Political Science, Biology, Geology, Business, and Economics. Graduates receive a degree with a double major in Aquatic resources and one of the six fields of a study.

As part of the program requirements, ISAR students must complete a work experience internship in an aquatic resource setting between the 3^rd and 4^th year. The goal of the ISAR program is to develop positive working and learning relationships among university, business, government, community-based organizations and resource users. Participants in this program are required to complete a special project that is of value to their workplace.

We have been involved with this program since May 2000, with considerable success in completing beneficial data for our organizations. Our previous student compiled the necessary background data required to initiate a successful proposal on groundfish predation on juvenile lobsters. The approach of this report is to document the knowledge of fish harvesters and how it may be linked to science in an alternative approach to fisheries management. This preliminarily project was completed and delivered in the fall of 2000 with immense interest.

During the summer of 2001an ISAR student conducted research concerning the recent proposals for pending gas and oil exploration in the Southern Gulf of St. Lawrence; there is a growing need for an understanding of the potential effects of these activities. The potential effects of seismic activity and drilling in relation to the fishery must be well defined and understood so that, in the event of the pending gas exploration, the correct precautionary measures can be taken in order to best conserve the fishery.

In 2001 - 2002, GNSBFA will be engaged in research focused project involving groundfish predation on juvenile lobster with the Social Research for Sustainable Fisheries (SRSF) program at St. Francis Xavier University and the Department of Fisheries and Oceans Science Branch.

St. Georges Bay's fish harvesters have expressed a strong desire to examine and document the predation of groundfish, particularly white hake, upon juvenile lobster. A growing concern is linked with the groundfish moratorium and the increasing stocks, resulting in a threat to the recruitment of juvenile lobsters. In turn, increased predation is thought to threaten the recruitment of juveniles into the harvestable lobster stock, thereby jeopardizing the economic viability of the lobster fishery livelihoods. This concern is amplified by the fact that the groundfish moratorium has reduced the numbers of fisheries to which harvesters have access, thus accentuating livelihood dependency on the lobster fishery.

The results of recent DFO seasonal survey studies do not support the concerns of St. Georges Bay fish harvesters. Aware of these results, the fish harvesters argue that the studies have been conducted in the wrong places at inappropriate times of years, and are not a sufficient basis on which to draw firm conclusions.

Our project has engaged fish harvesters to determine proper location, time frame and seasonality to conduct this research. The fishermen will be assisted by an ISAR student who will remove up to 2000 stomachs from white hake as well as other groundfish harvested in three locations in St. Georges Bay as identified by local fishermen. The student will then analyze stomach contents under the supervision of Mark Hanson, a DFO scientist working in the Moncton regional office.

Further Phase II social research will focus on the issue of groundfish predation while also documenting the broader range of information identified above concerning fishing histories and local ecological knowledge. The interviewees, identified by their peers in a previous study as the most knowledgeable about the local fishing grounds, will be asked to document their experiences and their understandings. Established social research techniques such as the construction and cross-association of map-referenced fishing biographies are being employed for this purpose. In order to include a given site or area in the sample framework, it will be necessary that information about its key characteristics (daily and seasonal distribution characteristics, environmental factors, such as tides, currents and so on) can be independently verified by a minimum of three interviewees. The detailed information provided by interviewees will be used to inform further studies of groundfish predation on juvenile lobster in 2002.

There are a number of anticipated outcomes arising from this research.

Further development of research-focused collaborations engaging St. Georges Bay fish harvesters, St. Francis Xavier University-seated social and biological research capacity, and Fisheries and Oceans Canada, Gulf Region, fisheries science.

Thorough documentation and employment of local ecological knowledge in the study of groundfish predation on juvenile lobster.

Comparative study of the similarities and differences associated with the results of local ecological knowledge-informed and fisheries science standard sampling methods. This work may positively inform the development of future sampling practices in a manner that better satisfies fish harvester and fisheries science concerns respecting the tropic dynamics of St. Georges Bay. In turn, this work may also contribute to the development of ‘better’ fisheries science respecting dynamics that impact on fisheries livelihoods.

Completion of a rigorously defined test of the potential uses and attributes of incorporating social research practices in the definition of fisheries science sampling frameworks and research.

The Marshall Decision arose from a case against a Mi’kmaq Native charged with three offences against federal fishery regulations. In 1993, Donald Marshall Jr. was found guilty of all three of the following charges: the "selling of eels without a license, fishing without a license and fishing during the close [sic] season with illegal traps" (R. v. Marshall, p1). He admitted to catching and selling 463lbs. of eel but argued that he had a right to fish according to the Treaty of 1760-61.

The Treaty of 1760-61, in written terms, stated that the Mi’kmaq promised not to "traffic, barter or exchange any commodities in any manner but with such persons or the managers of such truck houses as shall be appointed or established by His Majesty’s Governor". (R. v. Marshall, 1999, p.2) The trial judge felt that this reflected the right granted to the Natives to bring their products of hunting, fishing, and gathering to a truck-house to trade and this right dissolved when such establishments were no longer used.

Donald Marshall Jr. appealed the ruling to the Supreme Court of Canada, basing his case on the argument that the treaties of 1760-61 had not been correctly interpreted. According to the appellants, no acknowledgment is made to the existence of oral terms that had been discussed and agreed upon by both parties, but not documented in the treaty. But the Supreme Court decided that "the British-drafted treaty document does not accord with the British-drafted minutes of the negotiating sessions", and on that basis ruled that the trading right was not extinguished and that existing Mi'kmaq fishing rights included the right to fish commercially (R v. Marshall, 1999:2).

On September 17^th, 1999 Donald Marshall was acquitted of all three charges. The judge found that the intention of the parties in 1760 was not limited to the literal meaning written in the treaty and that it must be interpreted in a manner that sufficiently acknowledges the oral promises such as those that grant access to "necessaries." He states that: "the trade clause would not have advanced British objectives or Mi’kmaq objectives unless the Mi’kmaq were assured at the same time of continuing access, implicitly or explicitly, to a harvest of wildlife to trade." (R v. Marshall, 1999, p.2)

Shortly after the acquittal of Donald Marshall, on November 17th, 1999, West Nova Fishermen’s Coalition requested a rehearing and stay of judgment on the Marshall decision. They questioned the appellant’s entitlement to an acquittal on all 3 charges, as well as the government’s power in the treaty regulation process, and the government’s power in the imposition of closed seasons. (R. v. Marshall 1999, p.5) The Coalition also wanted another trial "limited to the issue of whether or not fisheries regulations could be applied to the exercise of a Mi’kmaq treaty right could be justified on conservation or other grounds." (R. v. Marshall, 1999, p.1)

The motion for a rehearing and stay of judgment was dismissed. The crown found that "the Coalition’s motion rests on a series of misconceptions about what the September 17, 1999 majority judgment decided and what it did not decide." (R. v. Marshall, 1999, p.3) West Nova Fishermen’s Coalition was mainly concerned with the ruling’s implications on the lobster fishery. The Marshall appeal, on the other hand, was concerned with fishing eel out of season and recognized that Marshall did have a right to a small commercial eel fishery according to the treaty of 1760-61. The Crown did not want the acquittal to be interpreted as a declaration that licensing restrictions or closed seasons can never be imposed as part of the Mi’kmaq limited commercial "right to fish". With conservation or other grounds being the paramount regulatory objective, federal and provincial governments have the power in their respective legislative fields to "regulate the exercise of a treaty right where justified on conservation or other grounds" (R. v.. Marshall 1999, p.2).

In March 2001, Gulf NS Bonafide Fishermen's Association (GNSBFA) and Mi'kmaq Fish and Wildlife Commission (MFWC), Afton came together to discuss the concerns upon native entry into the local lobster fishery and the implication of the Marshall Decision. The meetings were initiated due to the partnership that had develop among us through Social Research Sustainable Fishery (SRSF), at St. Francis Xavier University. DFO was not involved! There were a total of four meetings that brought meaningful, honest, and open discussion and resulted in practical outcomes during the 2001 lobster-fishing season.

The initial roundtable, held in Lakevale, began as potluck dinner, with key representatives from Afton First Nation and the Gulf NS Bonafide Fishermen's Association attending. Participation on behalf of the Afton community was low and it was felt that the next meeting should take place in the Afton community to try and rectify this. Subsequently the next three meetings took place at the Afton Reserve. Attendance at each meeting increased to the point that at the last meeting approximately 70 individuals were involved in the open discussion.

Source: Coates 2000

 

During the last meeting Chief Julien took the lead in moderating and Dr. Tony Davis, Director of SRSF, played an important role in providing clarification on the Marshall Decision and aided the focus of the discussions.

The meetings were helpful in clarifying misguided information that the media and DFO had provided to both communities. Many fishermen thought that the Afton Band had been given traps, boats and licenses by DFO as part of providing access for the Band to enter the fishery. This was not accurate. In fact, the Band was only given four retired licenses. The Band had to acquire the necessary gear and boat since they chose not to sign the agreement DFO offered. Presently, Afton Band is currently fishing 2of the 4 licenses.

The Afton Band did not sign any agreements with DFO as of June 2001. The Band is concerned that signing a deal with DFO could, in the future, diminish or infringe on the rights that the Supreme Court has acknowledged. These rights are held with high regard and respect.

Mi’kmaq knowledge of local management of the lobster fishery was limited. The fishermen explained their conservation measures and how it had developed over time. For the commercial season the Afton Band agreed to follow local conservation measures.

The Native food fishery was another major concern of the fishermen. Details about how large the Afton Band food fishery is or could be could not be provided. In addition, the food and ceremonial fishery could proceed at any time during the year and this potential out of season fishing is very distressing to fishermen. Fishermen stated that conservation is their main concern with respect to out of season fishing and one fisherman offered to save several hundreds pounds of lobster he caught during the season and provide this to the Band for their food fishery. No resolutions were provided with respect to this issue and it still remains contentious.

Chief Julien explained the importance of employment in the lobster fishery for his community and cited their high unemployment rate. And vice versa, the fishermen explained the importance of the lobster fishery in their livelihoods. As one said, "it's our bread and butter".

There was often confusion over what the Marshall Decision had stated and both communities had varying views on what the Decision meant. In an effort to clarify the basics of the Decision Social Research for Sustainable Fisheries has put together a pamphlet on the Decision and related decisions affect fisheries. This will be distributed to all fishermen and the Afton Band.

While the discussions were primarily to discuss the local lobster fishery other issues of mutual concern were brought up, in particular the prospect of oil and gas development in the Gulf. While commercial fishermen have only a privilege to the waters the Natives now have a recognized Treaty right and as such have a powerful voice now when it comes to any developments in marine areas that are a part of their aboriginal territories.

One of the goals throughout the meeting was to establish a peaceful entry onto the water. Another issue that was identified for the Native fishers was training, in particular, a mentoring program that would assist native fishers in fishing the proper berths of the retired licensed holder, to avoid any unfortunate mishaps.

GNSBFA and Afton First Nation are now interested in forming a representative committee of local Native and Non-Native harvesters that could take the lead in on-going dialogue about management of the local lobster fishery.