Some enforcement officers with Canada's Department of Fisheries and Oceans (DFO) are refusing to work in the province of Nova Scotia's big lobster fisheries out of concern for their safety, reports the CBC.

With lobster fishing season starting in just three months in lobster fishing areas 33 and 34, off the province's southwest coast, commercial fishermen are concerned about the impact of illegal fishing on lobster stocks.

Recall that at a meeting this past June in Yarmouth, Nova Scotia, between the lobster industry and DFO officials, harvesters said they were worried that the moderate livelihood fishery, which permits First Nations to fish for food, social and ceremonial purposes, would continue to cause problems in some areas, as reported by Undercurrent News.

In the summer of 2023, DFO seized over 1,200 lobster traps, arrested 15 people and released over 10,000 pounds of illegally caught lobster. Officials with DFO told the Yarmouth harvesters in June that there is an enforcement plan in place for this season, but the department couldn't commit to an increased effort.

The moderate livelihood fishery has been a long-standing point of contention ever since a 1999 Supreme Court of Canada ruling, also known as the Marshall decision, affirmed First Nations' treaty rights to fish, hunt and gather in pursuit of a moderate livelihood under the terms of the Peace and Friendship Treaties of 1760 and 1761.

Since the Marshall decision, the federal government has spent nearly CAD 1.0 billion ($731 million) buying commercial lobster licenses and transferring them to First Nations.

Those licenses require First Nations to participate in fisheries during the same seasons and be subject to the same Fisheries and Oceans (DFO) regulations as commercial fishermen.

While some First Nations in Nova Scotia have signed on to annual moderate livelihood agreements with DFO, the Sipekne'katik, who fish in the St. Mary's Bay area of Nova Scotia, in Lobster fishing area 34, have not. Although the fishery is permitted, Sipekne'katik officials have previously rejected DFO's allowable limit of 45,000 pounds.

The Canadian government and the Sipekne'katik First Nation moved to a mediation process in June in an attempt to reach agreement on what constitutes a moderate livelihood fishery, as reported by Undercurrent.

As lobster season approaches, however, licensed lobster harvesters are growing frustrated.

"There's illegal fishing occurring, and there is no enforcement staff on the road or on the water or on the wharves. And it's out of hand," Dan Fleck, executive director of the Brazil Rock Lobster Association, is quoted as saying by CBC.

In a statement to the news organization, DFO said it is "making every effort to minimize operational impacts."

The federal agency didn't elaborate on the safety concerns expressed by its officers but said it has begun investigating reports of dangerous working conditions. It also noted that enforcement work is still happening, but it would not disclose how many officers are working or if the number of officers working has changed compared to last year.

"Fisheries and Oceans Canada respects the right of employees to refuse dangerous work, and we take reports of dangerous work seriously," DFO said in a statement to CBC.

DFO officers are represented by the Union of Health and Environment Workers. The union said it is involved in helping resolve the issue, and due process is being followed.