Micmac lobster wars heating up in P.E.I.

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The peaceful waters of Maopeque Bay, P.E.I. mask tension on the Lennox Island reserve. Since July Mi'kmaq fishers have found their traps smashed, and their lobster sales declared illegal by the Department of Fisheries and Oceans.

And their chef stands by the government.

The federal department has confiscated or destroyed more than 1,000 untagged lobster traps used by Mi'kmaq fishers since May. The department considers the trap illegal under agreements signed between DFO and Lennox Island Chief Jack Sark.

Under a 1991 agreement negotiated between DFO and Chief Sark, Lennox Island band members are allowed 260 traps (three per household) to catch lobster year round for food and ceremonial purposes. DFO rules forbid band members from selling lobster caught in these traps.

This year the department granted the Lennox Island Band two commercial licenses for the first time. Under this agreement 600 tagged lobster traps were divided among 25 Lennox Island band members. Lobster from these traps could be sold only during the May - June lobster season. Any traps found without DFO tags are confiscated or destroyed.

John Joe Sark, captain of the Grand Council of the Mi'kmaq, the traditional Mi'kmaq government, said Chief Sark should never have signed agreements with the DFO.

"We see our treaties as constitutional rights," said John Joe Sark, a Lennox Island band member who lives off-reserve. "Since they are constitutional rights no chief can take away our treaty rights."

"I respect the Treaty of 1752," countered Chief Sark. "The reality is that the Canadian government controls these things."

Band members disagree. On Aug. 31, 72 Lennox Island band members filed a Federal court action stating the DFO has harassed Mi'kmaq fishers and prevented them from fishing lobster both commercially and for food, against their treaty rights and the Constitution. They're also asking for compensation for the loss of lobster traps seized by the DFO.

Howard Sark is one of about 50 Mi'kmaq fishers at Lennox Island who have had traps taken or destroyed by DFO fisheries officers. He and other fishers have been clearly marking buoys with the word "Treaty" and their band numbers, to show how they are fishing under the Treaty of 1752.

Sark fishes 10 traps out of a small boat with an outboard motor and said he hasn't made much money this year. DFO has taken 108 of his traps since mid-July, which will cost at least $800 to replace.

A petition signed by 141 people was sent to federal fisheries officials and Chief Sark Sept. 19 protesting the combined seizures and the agreement which led to the destroying of traps. Spokesperson Becky Sark said fishers are upholding their treaty rights and if the dispute is not resolved soon, they will take the matter into their own hands.

To date approximately $40,000 worth of lobster has been sold by Mi'kmaq to lobster processors from illegal traps. DFO officials say they are considering laying charges.

Of 603 registered Indians in the Lennox Island Band, 275 live at Lennox Island and 325 live off-reserve. About 120 people are eligible to vote in a band council election.