Harvesting Policy - Eastern Woodland Métis Nation Nova Scotia

EASTERN WOODLAND METIS NATION NOVA SCOTIA
2004 HARVESTING POLICY
PROPOSED - REVISED 12 APRIL 2013
Whereas the Metis are one of the Aboriginal Peoples of Canada and are recognized as such in Section
35 of the Constitution Act of Canada;
And whereas harvesting renewable resources has traditionally been and continue to be integrated into
the Metis way of life;
And whereas harvesting renewable resources has traditionally been and continues to be organized by
the Captain of the Hunt for the benefit of the Metis community;
And whereas in the statement of Prime Purposes it is an objective of Eastern Woodland Metis Nation
Nova Scotia to ensure that Metis can continue to exercise their Aboriginal Rights;
And whereas Eastern Woodland Metis Nation Nova Scotia believes that conservation of renewable
resources is important and that they have a responsibility to preserve and protect those resources for
the benefit of future generations;
And whereas the Citizens of Eastern Woodland Metis Nation Nova Scotia wish to exercise the Metis
harvest within a management regime which is self-governed and which recognizes and respects their
existing harvesting rights.
Now therefore the Eastern Woodland Metis Nation Nova Scotia declares the following to be the 2013
Harvesting Policy effective as of the 12th Day of April 2013.
1.0 ELIGIBILITY
1.1 The issuance of a Metis Harvestor’s permit will be issued under the following guidelines:;
(a) Individuals who are in good standing of Eastern Woodland Metis Nation Nova Scotia,
i,e,; they must have their Metis Identification card, the Metis Harvestor’s permit issued to
them by the Nation’s Captain of the Hunt and any special tags they may have been
issued;
(b) Individuals must be in possession of relevant and valid certifications as required, i,e,
Hunter safety Certificate, Bow Hunter Certificate, relevant firearms Permits;
(c) Individuals must follow all safety guidelines as set up by the Provincial Department of
Natural Resources, i,e, (i) Hunter Orange must be worn at all times while hunting,
exception, waterfowl, (ii) relevant survival gear must be at hand,(iii) no hunting on private
property unless authorized by the owner (this must be in writing);
1.2 This 2013 Eastern Woodland Metis Nation Nova Scotia Harvesting Policy does not create
any new Aboriginal Harvesting rights, nor does it limit or expand the existing Aboriginal
Harvesting rights of the Eastern Woodland Metis Nation Nova Scotia Citizens;
1.3 This 2013 Eastern Woodland Metis Nation Nova Scotia Harvesting Policy does not apply to
Eastern Woodland Metis citizens who harvest outside the Province of Nova Scotia. Although we
acknowledge that our forbearers signed treaties prior to the division of Nova Scotia in 1784 into
the Provinces of Nova Scotia and New Brunswick, we do not wish to make this an issue at this
time;
1.4 Nothing in this policy precludes an Eastern Woodland Metis Nation Nova Scotia citizen from
purchasing a hunting or fishing license from the Department of Fisheries or Natural Resources,
however an individual who does purchase these licenses may not do so to increase higher
allotment as designated by his Harvesting Policy;
1.5 This 2013 Eastern Woodland Metis Nation Nova Scotia Harvesting Policy applies only to
EWMNNS Citizens.
2.0 OBJECTIVES
2.1 It is an objective of the EWMNNS to encourage conservation practices during the Metis
Harvest so the species are preserved for future generations EWMNNS Citizens who participate
in the Metis Harvest will:
(a) Make best efforts not to destroy or damage fish or wildlife habitats,
(b) Not harvest vulnerable, threatened or endangered species,
(c) Not waste or spoil wildlife or fish, and
(d) Not harvest in fish sanctuaries or in waterfall sanctuaries
2.2 It is an objective of the EWMNNS to develop wildlife management practices based on
traditional Metis values of co-operation and respect and to encourage EWMNNS citizens who
participate in the Metis harvest to:
(a) Practice safe hunting by taking special care and consideration of other persons,
wildlife and property in the area in which they are hunting,
(b) Use firearms safely at all times,
(c) Take particular care near roads, corridors, forestry or mining operations
2.3 It is an objective of Eastern Woodland Métis Nation Nova Scotia to respect the private
property rights of landholders EWMNNS Citizens who participate m the Métis harvest will not
harvest on posted, fenced, or visibly occupied property unless they have received prior written
permission from the landholder;
2.4 In order to better preserve renewable resources for the future, it is an objective of
EWMNNS to gather information on all aspects of the Métis harvest EWMNNS citizens who
participate m the Métis harvest are encouraged to report to their Captains of the hunt on their
activities, including but not limited to the following:
(a) Area and species harvested,
(b) The health and numbers of the species harvested,
(c) Any encounters with Ministry of Natural Resources or Department of Fisheries and
Oceans compliance officers,
(d) Any problems of observation that may be relevant to the species, habitat or Metis
harvest,
(e) Environmental concerns which may affect the species, habitat or Métis harvesters
2.5 Captains of the Hunt are appointed to enable the effective management of the Métis
harvest. The EWMNNS believes that community consultation is a key element of this effective
management regime. Captains of the Hunt shall consult with the EWMNNS communities in their
region before making recommendations which may in any manner limit the Métis Harvest.
3.0 METIS HARVEST
3.1 An EWMNNS citizen who is authorized by the EWMNNS and issued an EWMNNS
Harvester’s Certificate by a Captain of the Hunt may participate in the Métis harvest with the
objective in this part:
(a) The Métis Harvest shall be in accordance with the allotments in section 5.0, 6.0, 7.0,
and 8.0, of this Harvesting Policy.
3.2 A Captain of the Hunt may recommend to the Chief Captain of the Hunt that;
(a) The season for any species, be abridged or curtailed in his or her region for
conservation or safety reasons,
(b) The season be extended in his or her region for deer,
(c) Allocations or limitations on the Metis harvest be made for conservation reasons, (ie.
cease pending hunts or fishing of endangered species like salmon (not land-locked).
3.3 An EWMNNS citizen may apply to a Captain of the Hunt for an EWMNNS harvesters
certificate which shall be valid for one (1) year. Such applicants shall provide a Captain of the
Hunt with demonstrated proof of the following:
(a) If the applicant intends to use firearms in the Métis Harvest, he or she must
demonstrate sufficient knowledge of the firearms safety, or a completion of a firearms
safety course, and,
(b) That he or she is ordinarily a Resident and intends to participate in the Métis harvest
in his or her traditional territory which is in the Province of Nova Scotia; or,
(c) That a direct ancestor was a beneficiary of a Nova Scotia Treaty and that he or she is
ordinarily a resident and intends to participate in the Métis harvest in that treaty area.
3.4 For purposes of participation in the Métis harvest, a Captain of the Hunt may issue an
EWMNNS Certificate which shall be considered proof that the holder has been verified by
EWMNNS Registrar as having provided sufficient documentation to support a claim to an
Aboriginal Treaty right to harvest;
3.5 Captain of the Hunt shall advise EWMNNS Citizens to carry their EWMNNS citizenship
card when participating in the Metis Harvest and to show it to the Minister of Natural Resources
(MNR) compliance officers;
3.6 EWMNNS Citizens who hold an EWMNNS Harvestor’s certificate agree to harvest in
accordance with the objectives in Section 2 of this policy;
3.7 EWMNNS Harvestor’s Certificate holders may harvest with persons who have lawfully
obtained licenses and tags issued by MNR or by a First Nation;
3.8 Harvesting which is carried out in violation of this policy may result in withdrawal of the
EWMNNS Harvestor’s Certificate or a refusal by their Captain of the Hunt to renew their
EWMNNS Harvestor’s Certificate.
4.0 CAPTAIN OF THE HUNT
4.1 The Grand Council of EWMNNS shall appoint the Chief Captain of the Hunt He or she shall
have the overall management of the Métis Harvest within the Province of Nova Scotia and the
coordination of the regional circles Captains of the Hunt;
4.2 The Chief Captain of the Hunt shall certify each regional Circle Captain of the Hunt as
appointed by their Circle. He or she shall be responsible to implement this policy in accordance
with the objectives laid out in Section 2;
4.3 Captains of the Hunt shall determine the appropriate management of the Métis Harvest and
shall evaluate its progress on an on going basis and no less that twice a year shall report to the
Chief Captain of the Hunt;
4.4 Pursuant to Section 2.5, The Captain of the Hunt shall make best efforts to collect and
disseminate harvest information obtained from EWMNNS citizens who are participating in the
Métis Harvest;
4.5 Captains of the Hunt may, after consultation with the Chief Captain of the Hunt, withdraw
EWMNNS certificates on written notice to the certificate holder. Persons whose EWMNNS
Harvesters Certificate has been withdrawn may appeal such decision to the Chief Captain of the
Hunt;
4.6 Despite the seasonal limitations in Section 3.1, Captains of the Hunt may designate a
person or persons to harvest for the benefit of the EWMNNS citizens in a Métis Community. The
proceeds of such Harvest may be used for among other things, sharing, social or ceremonial
purposes
5.0 ALLOTMENTS FOR EWMNNS
5.1 Each Métis Harvester, having the proper identification card, Harvestors Certificate from his
or her Captain of the Hunt, and special tags (if required) may harvest the following species as
outlined;
5.2 Deer - An EWMNNS member in good standing with the proper certificate and tags may
harvest a maximum of two (2) deer per season. In order to maintain this renewable resource,
the gatherer must harvest two male deer (bucks) or one male and one female (doe). A
household may not have more than four (4) deer taken within one hunting season which runs
from mid-September to December 31;
5.3 Moose - An EWMNNS member in good standing with the proper certification will be eligible
to enter their names in a lottery during any given year. The successful participant will be issued
a tag and a report card that is to be filled in after:
(a) the successful completion of a hunt, or,
(b) December 31 of that given year. A person who has successfully harvested a Moose
will be ineligible to submit their name in a draw for the next two (2) years. A Métis who is
unable to fill in his or her tag may request that another member of EWMNNS, who has
the proper requirements, fill out their tag for them;
5.4 Black Bear - An EWMNNS member in good standing who has the proper certificate and a
registered bait site may request permission from the Captain of the Hunt to exercise this right.
The bear must be harvested by using a firearm or bow. Poisoning or setting up a blind trap,
where there is a gun rigged to be automatically triggered when the bear takes the bait is
prohibited;
5.5 Fur-bearing Animals - An EWMNNS member in good standing will be allowed to receive a
trapping certificate and report card from the Captain of the Hunt. He or she must remain within
the quota and guidelines set up by the Province of Nova Scotia and the Government of Canada;
5.6 Small Game - Members of EWMNNS are allowed to gather for personal consumption any
non-endangered animal of the land or fish of the seas that are not further regulated below, on a
year round basis:
(a) Fowl - Pheasant, Partridge, Grouse, etc. A maximum of fifteen (15) in your
possession at any one time,
(b) Migrating Birds - A maximum of ten (10) birds that are not endangered at that time,
(c) Maximum fowl and or migrating birds in a household shall not exceed twenty (20).
5.7 Fresh Water Fish - All Provincial Government guidelines will be respected with the
exceptions of Trout of which an EWMNNS member will be allowed a maximum of ten (10) on
any given day.
6.0 SALT WATER FISH
6.1 Members of EWMNNS will be allowed to follow these guidelines with regards to harvesting
the oceans and the river estuaries of Nova Scotia. Once again it is clearly stated that this is for
non-commercial purposes. All Métis harvesters shall follow and respect the zones and areas for
harvesting as set by the Provincial Department of Natural Resources and the Federal
Department of Fisheries and Oceans. An EWMNNS member who exceeds the following quotas
will place himself or herself beyond the protection of the 2013 Harvesting Policy and will take
their own chances in a court of law. A Harvester found guilty of excess harvesting beyond the
limits found in this Policy will also face sanctions by EWMNNS;
6.2 A member of EWMNNS in good standing will be allowed to catch up to twenty (20) ground
fish of any species to have in their possession, with the exception of Halibut, which has a limit of
one (1);
6.3 Individuals from EWMNNS will be allowed to dip five (5) dozen smelts to have in their
possession. Hand lines are also permitted;
6.4 Members will be allowed to harvest an unlimited amount of Mackerel, Herring, and/or
Gaspereaux for food or Ceremonial purposes;
6.5 Salmon and other endangered species - members of EWMNNS will respect the guidelines
laid out by the Department of Fisheries and Oceans, however, EWMNNS reserve the right to
negotiate areas and totals as circumstances permit;
6.6 EWMNNS members are allowed to harvest shark and any other non-endangered and noncommercial fish from the water systems surrounding Nova Scotia.
7.0 CRUSTACEANS
7.1 EWMNNS individuals are entitled to harvest a maximum of 500 clams to have in their
possession, for home consumption;
7.2 EWMNNS members may harvest 500 quahogs, bar clams, or scallops to have in their
possession to feed their families. The limits are the same for traditional gatherers or divers;
7.3 Any species not specifically mentioned falls under the same guideline as its nearest
crustacean’s relative, unless not regulated at all;
7.4 EWMNNS members who go over the prescribed limits are open to prosecution by the nonnative laws of Canada as well as sanctions by EWMNNS;
7.5 Lobster - Each member in good standing of EWMNNS shall be allowed to harvest lobster
off the shores of Nova Scotia. The method will be one (1) trap which will require an EWMNNS
tag, or diving which will require an EWMNNS certificate. The lobster may be harvested at any
time during the year but not for commercial reasons Harvesters will be allowed a twenty (20)
lobster limit of legal sized lobsters in the shell on any given day. The household possession limit
is not to exceed fifty (50) lobsters in the shell at any given time. Harvesting undersized lobsters,
or over fishing these limits, leave you accountable to the non-native law and automatically
results in suspension of your membership until cleared in a court of law.
8.0 The Eastern Woodland Métis Nation Nova Scotia maintains the right to renegotiate all
harvesting rights to any of the pre-negotiated species as well as any species of animal or
fish not covered in this policy.