A Long-Lasting Fishing Conflict: A Pathway Toward Reconciliation in Lobster Fishing Area 23 Between the Esgenoôpetitj First Nation and Local Fishermen in the Gulf Region

Abstract

This thesis explores the long-standing lobster fishing conflict in northeastern New Brunswick between the Esgenoôpetitj First Nation and non-Indigenous fishermen in Lobster Fishing Area 23. Following the 1999 Marshall decision, which affirmed Indigenous treaty rights to fish for a “moderate livelihood,” tensions emerged due to unclear legal definitions. After negotiations with the Department of Fisheries and Oceans (DFO), this major conflict died down, and Indigenous communities gained access to lobster fishing licences. Today, there are still tensions, but it cannot necessarily be called a conflict. The commercial fishing season is not the main issue, but rather the Food, Social, and Ceremonial (FSC) Fishery. Through 31 semi-structured interviews with Indigenous and non-Indigenous fishermen, fishery officers, the Director of Fisheries in Esgenoôpetitj, and the General Director of the Maritime Fishermen’s Union, this study considers differing perceptions of fairness, access, and regulation in the lobster fishery to understand the causes of tension and find pathways to reconciliation. The findings reveal that economic competition, lobster fishing boundary lines, and misinformation fuel divisions and create conflict. Limited knowledge and lack of transparency aggravate misunderstandings of Indigenous fishing rights more specifically regarding the FSC fishery. Despite improvements in relations since the early 2000s, reconciliation remains fragile. Participants expressed interest in collaborative management though both sides shared concerns about not having their voices heard. The thesis argues that meaningful reconciliation in fisheries must surpass symbolic gestures to include shared governance, co-management, and the recognition of Indigenous legal traditions and stewardship values. Policy recommendations include regulatory change and government action, co-management and transparent communication, enhanced education, and greater collaboration between fishery officers and Indigenous Guardians. This thesis contributes to understanding how reconciliation in the fishery sector surrounding the Esgenoôpetitj First Nation can be pursued.