A long-running dispute over lobster fishing rights on the disputed border between the Canadian province of New Brunswick and the U.S. state of Maine is heating up.
After being “harassed, threatened, and attacked” with shotguns, knives, and bear spray, Canadian fisheries enforcement officers appear to be pulling back on enforcement efforts, with as many as many as 35 percent of agents assigned to marine patrols in the area refusing to report for duty, according to Union of Health and Environment Workers President Shimen Fayad. Fayad’s union represents fishery enforcement officers across Canada, including around 100 conservation and protection supervisors and fishery officers in Nova Scotia and southwestern New Brunswick.
“There is a history of problems in the Maritimes region, as well as other regions, dating back many years that have led to the latest work refusal by some fisheries officers,” Fayad wrote in an email to Canada’s Brunswick News. “There have been numerous threats and physical assaults on fishery officers and at times towards fishery officers’ families for many, many years.”
Fayad said 35 members of his union have filed Canada Labour Code refusal-to-work letters, without specifying where they work. Regarding those posted in the area of disputed territory between the U.S. and Canada, he said threats of violence have become so bad dozens of his union’s members are refusing to conduct patrols.
“They are exposed to situations where individuals carry weapons like shotguns, hammers, knives, axes, machetes, bear spray and automatic weapons. They have not been provided additional protection from the employer as these attacks have continued,” Fayad said. “Right now, some fishery officers are refusing to work in what is clearly an unsafe and unhealthy work environment and the employer is putting pressure on them to return to their posts.”
Fayad called on the Canadian government to “immediately provide proper equipment, training, and support to fishery officers in order for them to carry out their responsibilities.”
In a press release, Canada’s Department of Fisheries and Oceans (DFO) said the ongoing refusal to work has not compromised fisheries enforcement activity in the Maritimes region.
"Fishery officers throughout the region continue to patrol by sea, land, and air. They continue to conduct investigations and to work with other policing agencies, the provinces, and the Public Prosecution Service of Canada to enforce the law,” it said. “Fishery officers have been taking enforcement measures ranging from compliance awareness to making arrests and seizing unauthorized catch, equipment, and vessels.”
The agency acknowledged U.S. fishermen have been placing lobster traps on the Canadian side of the border since the beginning of August 2024 and that it has opened an investigation into potential offenses under Canada’s Coastal Fisheries Protection Act.
DFO is also dealing with mounting tensions between lobster fishers in southwest Nova Scotia, as an unregulated Indigenous fishery launched in 2020 has grown in size, reducing catches in the commercial fishery.
“Fishery officers have seized vessels, traps, and have returned lobsters to the ocean. In addition, fishery officers have arrested individuals, who have since been released and are currently under investigation for potential charges for offenses under the Fisheries Act,” it said. “It is important to recognize that there is authorized food, social, and ceremonial (FSC) lobster harvesting happening in the Region. FSC lobster licenses issued by DFO authorize fishing outside commercial seasons. Fish harvested under FSC licenses cannot be sold, bartered, or traded. Fishery officers are actively conducting patrols at sea to monitor compliance, and to ensure that Indigenous harvesters can carry on with their authorized fishing activities without interference. Fishery officers are also conducting other enforcement activities to deter and prevent the unauthorized sale of lobster harvested without a commercial license, working closely with provincial partners in this effort.”
DFO did not say whether it is addressing concerns of violence or lack of equipment raised by its officers, but said the appearance of a pullback in enforcement did not necessarily mean there had been a reduction in effort.
“Fishery officers take a variety of enforcement approaches. So enforcement activity is not always visible, and it may not look the way people want or expect it to look,” DFO said.
Fundy North Fishermen’s Association Executive Director Amanda Johnson said more Maine fishermen are crossing into Canadian waters near New Brunswick to poach lobster in the absence of federal enforcement.
“Right now, the main issue is that there are no fisheries officers patrolling the water in southwest New Brunswick,” Johnson told Brunswick News. “They are kind of on strike, same as they are in southwest Nova Scotia, and DFO isn’t really disclosing who is on strike and who isn’t. That stems from all of the violence they had with the elver fishery being closed this spring. They’ve deemed patrolling parts of the water unsafe. That opens up a lot of doors to illegal fishing.”
Fundy North Fishermen’s Association has given information regarding illegal traps set by U.S. fishermen to DFO, but not seen any action taken for weeks afterward, according to Johnson.
“Our worry is that when the lobster season opens here on the second Tuesday in November that there is the risk of having no patrol on the water,” she said. “If there was violence on the water, we don’t have anyone to call about it.”
Fisheries officers have been frightened after violence and threats, potentially tied to organized crime activity, related to a crackdown on illegal fishing in Canada’s elver fishery earlier in 2024, Johnson said.
The Coalition of Atlantic and Quebec Fishing Organizations, the Unified Fisheries Conservation Alliance, and the Prince Edward Island Fishermen’s Association previously called on provincial governments to step up enforcement of illegal sales and stop illegal harvests outside of lobster season.
Maine Department of Marine Resources Spokesperson Jeff Nichols told Brunswick News said his agency had no comment on Canadian enforcement actions. Maine Lobstermen’s Association Spokesperson Kevin Kelley said his group was not aware of any allegations of illegal fishing.
