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First Nations people have always
had a special relationship with the natural life forms that
the land provides - like fish and wildlife. This relationship
is based on subsistence needs and cultural values extending
back thousands of years.
The Natural Resources Transfer Agreement (NRTA), which forms
part of the Constitution Act, 1930, provides that Indian
people "have the right, which the Province hereby assures
to them, of hunting, trapping and fishing game and fish for
food at all seasons of the year on all unoccupied Crown lands
and on any other lands to which (they) may have a right of
access." Treaty and aboriginal rights relating to
hunting, fishing and trapping are also recognized and affirmed
as part of the Constitution of Canada by Section 35 of the
Constitution Act, 1982.
With these rights come responsibilities like conservation
and safety. People have a responsibility to ensure that their
actions in taking fish and wildlife do not damage the local
population of the resource taken. When the level of use is
greater than the ability of the resource to sustain that use,
the area can no longer meet the needs of the people. At times,
restrictions become necessary for all fishers and hunters to
ensure the survival of the wild populations. It is also
important that all fishers and hunters be aware that safety is
extremely important not only for themselves but also for other
users of the land. For these reasons, there are some
restrictions that are intended for conservation and safety
purposes that apply to both status Indian users and licenced
hunters and fishers.
Hunting or fishing for food includes harvesting for food or
traditional ceremonial purposes for yourself, your family, or
other First Nations persons. Meat or fish may be shared with
non-status family members living with you in the same home.
Non-Indian people may accompany Indian people that are
hunting or fishing, but may not help them to exercise their
hunting or fishing rights. For example, non-Indian people
could not set or lift nets, shoot an animal, carry a gun,
search for or flush game, or take any meat, fish or animal
parts. They could, however, assist in retrieval of game or
transporting of game and fish while accompanying an Indian
person. Similarly, licenced hunters and fishers can be
accompanied by status Indians, but each may only exercise the
rights accorded to them individually. All persons are
encouraged to contact their local Resource Officer to discuss
specific questions.
Hunting
In recognition of treaty and constitutional rights, when
hunting or trapping for food on lands where they have a right
of access, status Indian people:
do not require licences;
are not restricted to specific seasons;
- are not restricted to bag limits.
Status Indians generally have right of access to hunt for
food within:
Indian Reserves, Wildlife Management Areas, Provincial
Forests, areas of Provincial Parks where licenced hunting is
permitted, unoccupied Crown lands, and other Crown lands
where licenced hunting or trapping is permitted;
- Private land with the permission of the landowner or
occupant;
- Federal lands, such as community pastures and the Shilo
Military Range, when such lands are opened to the public
for hunting, or with the permission of the Pasture Manager
or Base Commander.
No person may hunt within:
- Riding Mountain National Park, Birds Hill Provincial
Park, Beaudry Provincial Park or Pembina Valley Provincial
Park;
- Areas of provincial parks closed to all hunting;
- Refuges (for the species protected) and most Ecological
Reserves.
There are circumstances where a First Nation community
could construct a communal cabin on Crown land as an extension
of the right to hunt or fish for food. Where there is a need
for such a communal cabin, communities are asked to contact
their local Manitoba Conservation office to discuss location
particulars.
Fishing
In recognition of treaty and constitutional rights, when
fishing for food, status Indian people:
- generally do not require licences, however, free General
Fishing Permits may be required on waters where there are
multiple-use management or conservation concerns;
- except for conservation closures, are generally not
restricted to seasons, limits or areas;
- are not subject to gear restrictions such as gill net
mesh size or the number of lines that can be used while
angling, however, any nets or other unattended gear must
be clearly marked with the owner’s name and treaty
number so that officers know the gear is legally entitled
to be there and is not part of an illegal set or
commercial set.
- may transport fish from the catch point to their nearest
residence without a loadslip.
- Status Indian people may engage in recreational fishing
and angle in fish derbies without a licence, but are
subject to all other fishing regulations when not fishing
for food purposes.
Conservation Requirements and Other Restrictions:
The rights of status Indians are subject to conservation
measures and other restrictions that do not unduly infringe on
food harvesting, therefore hunters and fishers may not:
- hunt protected wildlife for which all hunting is
prohibited, such as eagles, hawks, owls and polar bears;
- waste or abandon wildlife or fish;
- use or possess lead shot while hunting waterfowl;
- sell, trade, barter or give away fish or the meat or any
part of a wild animal taken under status Indian hunting or
fishing rights, except that food may be given to another
status Indian person; (When you kill an animal for food
you can use the non-edible parts to make
traditional handicrafts for sale. However, you cannot kill
an animal for the sole purpose of making items for sale)
- hunt or fish for species or in areas closed to all
persons for specific conservation reasons;
- block more than two-thirds of a river or stream with a
net or other device;
- fish within 25 yards of a fish ladder or fish-way;
- use nets or other methods of fishing other than angling,
in stocked trout waters;
- transport fish in excess of a regular possession limit
without a fish transportation loadslip, if the fish is
going from the catch point to somewhere other than
their closest residence.
Safety
Many safety restrictions contained in resource-management
legislation apply to all hunters in Manitoba, including status
Indians. Firearm safety is an important part of hunting. These
restrictions are intended to protect all people, including
hunters and the public, from firearm-related accidents.
It is recommended that First Nations hunters:
- wear hunter orange clothes when hunting bear, deer, elk,
moose, or caribou as there are likely to be licensed
hunters hunting in the same area or there may be other
people using the area for other purposes;
- take the Hunter and Firearm Safety Training Course.
Hunters cannot:
- use hunting methods which are careless, unsafe or
dangerous to any person;
- hunt while intoxicated;
- discharge a rifle or shotgun at night (the period
beginning at 1/2 hour after sunset and ending at 1/2 hour
before sunrise the following day);
- hunt from a Provincial Road or Provincial Trunk Highway,
or discharge a bow or firearm from such a road or highway,
or shoot along or across such a road or highway (including
the road allowance);
- discharge a centre-fire rifle, muzzle-loading firearm or
shotgun using a slug from a public road within a
municipality or local government district, or shoot along
or across such a road;
- carry a loaded firearm in a vehicle or discharge a
firearm from a vehicle.
There are also Federal regulations dealing with boat
safety equipment, firearm licencing and safe storage of
firearms. Information is available from the Government of
Canada by phoning: 1-800-267-6687 for boating and
1-800-731-4000 for firearms.
Commercial Activities
All provincial and federal regulations apply to First
Nations people engaged in commercial activities involving fish
and wildlife. This would include commercial fishing, trapping
furbearers for sale, game ranching, guiding and outfitting.
- Any fish intended for sale must be caught under the
authority of a Commercial Fishing Licence and fishers must
follow all commercial fishing laws.
- Any fur intended for sale must be caught under the
authority of a Trappers Licence and trappers must follow
all trapping regulations. (status Indian people may trap
furbearers without licenses and with traditional methods
provided these furbearers are being taken for food or
traditional ceremonial purposes)
- While employed as guides or outfitters, status Indian
people must be properly licenced and may not fish or hunt
using their treaty or constitutional rights in any manner
that could benefit their employer or their business.
Conservation Agreements
Partnership and resource co-management agreements have been
and are continuing to be developed between Manitoba
Conservation and the Aboriginal community. It is important to
these agreements that all people participate in the process
and support the objectives of these agreements.
Showing proof of your rights
When you exercise your right to hunt, trap or fish for
food, a Resource Officer may ask you to show proof of your
enrollment in a First Nation. You are strongly encouraged to
carry your federally issued Certificate of Indian Status to
help them to determine that you are a person entitled to
exercise those rights. Failure to show proof of status could
result in unnecessary seizure of fish, game and equipment
until the matter is resolved.
It is also important to understand that there are many
other resource-users on the land that are carrying on their
traditions by fishing, hunting and trapping. These activities
have also become a part of their heritage. Each user group
must respect the privileges and rights of the other.
Commercial and other licenced users of fish and wildlife need
to understand and respect the constitutionally protected
rights of First Nations, and it is equally important for First
Nations people to understand and respect the value that other
users place on natural resources, and their ability to
participate in fishing, hunting and trapping for their
purposes under licence. All users need to understand and
respect each other’s values and work co-operatively towards
building a stronger relationship if Manitoba’s fishing,
hunting and trapping heritage is to be preserved.
For more information on fish and wildlife conservation,
fishers, hunters, and trappers are encouraged to obtain copies
of the Manitoba Angler's Guide, the Hunting Guide
and the Trapping Guide from the nearest Manitoba
Conservation office or a licence vendor.
For clarification or
more information on specific areas or situations, please
contact your nearest office of Manitoba Conservation, or
telephone 945-6784 in Winnipeg or 1-800-214-6497
(out-of-town-dialers).
This bulletin explains Manitoba Conservation’s understanding
about the law relating to the fishing, hunting, and trapping
rights of status Indian people in Manitoba, as of January
2003. Readers are encouraged to regularly check this bulletin
for updates. The information is based on provisions of the
Constitution of Canada, federal and
provincial legislation and case law.
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