Cod Fishing Protest Planned for July 16

The following, according to the Dictionary of Newfoundland English, is the definition of a kental of fish:

quintal n also cantal, kental, kintal(l) a. 'a hundredweight (112 lbs.)' (c1470-); 'esp in measuring fish' (1651-); DC 1 esp Nfld (1712-) 1 A measure of cod-fish caught by fishermen.

On July 16th of this year, despite DFO regulations, some Newfoundlanders (and perhaps some Labradoreans) will take to the water in an attempt to catch a few cod fish. Perhaps even a kental or two. They are asking people all over the province to support them and even join them in this unsanctioned food fishery. They are asking everyone to go out and fish on that day. They are asking people to risk arrest and possible fines, to risk being dragged through the courts and perhaps to risk having boats and gear confiscated.

I applaud them!

The cornerstone of the protest is the concept that Newfoundlanders, by virtue of being a coastal people, have the legal and moral right to catch fish. In the past, the UN has discussed the possible validity of this argument in relation to other coastal areas and has given it some merit. Fishing is a part of our long heritage and according to some legal experts it may also be legal for us to fish. It appears that there may still be a law on the books protecting that right.

The topic of an entrenched right to fish in our coastal waters has come to the forefront in recent months because of a court case involving a couple of islanders. These gentlemen have gone to the courts to question the right of the Federal Government to control the Newfoundland fishery within three miles of the coastline. The legal case centers on a law guaranteeing every Newfoundlander the right to catch two kentals of fish. This law, which existed for years prior to Confederation, was never legally removed from the books and according to the proponents, is still valid.

The argument is being made that the Federal Government has no right to change this law. These gentlemen are arguing that the law was never revoked and is still valid.

Do they have a case?

According to some legal experts and provincial officials, they do.

Recently the case went before the courts in the province. The judge in the case in essence agreed that there was merit to hear the case but decided that since it would require a ruling involving federal law, the provincial court was not the place for a decision to be made. At this point, all signs point to the possibility of bringing the case before the Supreme Court of Canada.

There are obviously a lot of hurdles to be jumped before a ruling is finally made one way or the other, but never the less, it appears that this recent activity and the fact that some validity has been given to the argument, has hardened the resolve of several Newfoundlanders and convinced them to challenge the status quo.

The sad part of this situation is that none of this might have been necessary if DFO had agreed to allow a summer food fishery in the province. In the past they have allowed summer long food fisheries in Nova Scotia and Quebec. Meanwhile Newfoundland, which is known world wide for its fishing culture, has intermittently been given a weekend or two for this purpose. So far this year, no food fishery has been announced for the province at all.

There will no doubt be some who argue that fish stocks are in such jeopardy that a food fishery will only worsen the situation. That argument doesn’t hold as much water as a leaky bucket on a windy day.

The volume of fish caught by recreational or food fishermen is miniscule in comparison to the volume taken by foreign vessels, through by-catch during commercial fishing and through study catches sanctioned by DFO themselves in an effort to evaluate the stocks. In fact, the amount taken would be so small as to not even register on the proverbial radar.

Another key point to consider is the fact that other provinces are often given summer long fisheries. The cod stocks are low in the North Atlantic, Period. This is not just an issue off the coast of Newfoundland. Fish don’t have border lines drawn on the bottom of the ocean or sign posts telling them where they are swimming. They have no idea when they are in Nova Scotia waters or Newfoundland waters. Fish swim where they like. If recreational fishing is allowed in one Atlantic coastal province it should be allowed in all of them.

I don’t believe for a minute that any of these protesters plan to go to sea in order to catch the full two kentals of fish this ancient law allows. Most recreational fishermen will most likely go out looking for 10 or 20 fish to salt or store for the occasional meal. The majority of these people are not idiots. They know that there is a small stock and abusing this would only hurt everyone involved. There are others interested in fishing rights who may only take to the water once in a summer or not at all for that matter. The issue isn’t the amount of fish an individual can go after but rather the right to go after it at all.

I’m sure this protest planned for July 16th has caught the eye of Federal officials and I’m sure they are taking keen notice. It will be interesting to see the outcome to the protester’s request for support as well as the reaction of DFO on that day. A lot may hang in the balance.

All the best guys and I hope our coastal waters turn black with boats.