[Sundog57]

I see a number of issues, but for the moment conservation is not one of them.
Lobster seasons in Nova Scotia go around the province by calendar. This system is designed by the Dept of Fisheries to assure that the market is never flooded.
The FN "moderate livelihood" fishery as it stands today accounts for less than the number of illegal traps that are set by licensed harvesters in the DFO seasons (nobody admits to it but everyone knows that it happens).

Second issue (and this is a nightmare right across the country).
The right to harvest wildlife vests to individuals, not to bands or First Nations or whatever you want to call them. So, even if a band Chief (an elected one but what happens if a hereditary one objects...) signs off, the individuals do not have to agree or comply.

The wording of most Treaties, gives natives the right to hunt and fish in accordance to their custom or for the numbered treaties their "avocation". Historically this included fishing and hunting and selling the product to the later arrivals (that would be us).

The Treaties are all signed by the Crown so unfortunately take precedence over subsequent legislation enacted by various Canadian governments. The Courts have held this to be correct.

The rights exist and various governments have been unwilling or unable to deal with this. Harper tried with the education budget issue but this was rejected by the FN's and served to highlight the issue - there is no single definable entity with whom a binding agreement can be signed.

As we have moved "forward" as a society it is no longer acceptable to most of us to say *** 'em.

I don't have a solution to this, but it's going to get much worse before it gets any better.