First Nations Hunting Issues By Greg Black and Jackie Morehouse

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First Nations Hunting IssuesBy Greg Black and
Jackie Morehouse
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OUTLINE

• Who are First Nations In New Brunswick
• What are Aboriginal rights and what are treaty
  rights
• Legal decisions changing hunting and fishing
  practices
• Moose harvests both Native and non-Native
• Why is this an issue
• What needs to be done

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Who are First Nations in New Brunswick?

• -Passamaquoddy
• -Maliseet
• -Mikmaq

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Nomadic people who hunted, fished and gathered
what the forests and waters would provide
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What are Aboriginal rights?What are Treaty
Rights?

• -Practices, traditions and customs central to
  Aboriginal societies prior to contact with
  Europeans.
• -Hunt, fish, and gather for food, social and
  ceremonial purposes.

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Important Treaties and Court Decisions

• -Peace and Friendship Treaties, 1725-1789
• -Constitution Act, 1982
• -Sparrow Decision, 1990
• -Marshall Decision, 1999
• -Resolution No. 44, 2004

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Response to These Decisions

• -Affirmation of rights
• -Harvest without restrictions or limits

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Species at Risk and Endangered Species

• -SARA
• -Conservation is reasonable justification for the
  infringement of aboriginal and treaty rights.
• -Limited First Nation harvesting activities for
  food, social and ceremonial purposes
• -Accommodation
• -Compensation

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Harvests
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Applications

• -57 433 residents of NB Applied last year for a
  moose licence
• -1700 Non residents applied
• -A moose hunter can expect to get a licence once
  out of every 20 years if they apply every year!!

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Moose Licence

• -3000 licences were granted in NB last year
• -2900 to NB Residents
• 100 to non NB Residents
• -NB Resident pays 55
• Non resident pays 418

Image courtesy of www.hickerphoto.com
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Application Cost

• -NB applicant pays 12
• Non resident pays 35
• -748 696 was brought in just from applicants
  last year
• -201 300 was brought in from licence fees
• 949 996 total income

Image Courtesy of http//ca.altermedia.info/images
/moose.JPG
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Harvest

• -2120 moose were harvested with licences last
  year in NB
• - Estimates for the First Nations harvest range
  from 600-1200

Image courtesy of http//www.huntnahanni.com/image
s/rates01.jpg
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How is Harvest determined?

• Population is estimated each year based on
  different indices
• The First Nations moose harvest range is so wide
  that it causes problems in creating estimates for
  harvest each year

Image Courtesy http//info.detnews.com/dn/pix/2005
/03/17/metro/m017-moose-0305n.jpg
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Estimated NB Moose Population
Image Courtesy of Dwayne Sabine, Moose Biologist,
Department of Natural Resources, Fish and
Wildlife Branch, Province of NB.
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Public Issues

• 0.05 of hunters that apply for a licence
  actually get one
• The only public opinion comes from hunters
• Should First Nations moose harvest be regulated?
• Moose population is strong and rising

Image Courtesy of http//www.yourescapetoalaska.co
m/Moose.jpg
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Government Issues

• -Unregulated First Nations harvest leads to
  difficulties in creating harvest limits for
  general public
• -Balance between maintaining a strong population
  of moose for harvest without infringing on First
  Nation rights

Image Courtesy http//www.hickerphoto.com/data/med
ia/7/Canada_Government_T1326.JPG
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First Nation Issues

• -Do not want to relinquish their right to hunt
• -Moose is a major food source for First Nation
  communities
• -Information sharing about harvest amounts

Image courtesy of http//www.tc.gov.yk.ca/digitiza
tion/images_web/007184.jpg
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What needs to be done?

• -Communication
• -Education
• -Safety

Images provided by http//www.actsnewsnetwork.com/
images/Gerard.jpg and http//www.kabraadventures.c
om/tmoose.jpg
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Communication

• -First Nations leaders need to cooperate with
  government to create more accurate harvest
  amounts
• -The government needs to make it clear that more
  knowledge about the moose population helps
  EVERYONE

Image courtesy of http//www.clemmer.net/images/mo
ose.gif
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Education

• -First Nation leaders need to be educated on the
  importance of moose harvest estimates
• -Education programs for First Nation youth need
  to be set up
• -If people dont realise there is a problem,
  change will not occur

Image courtesy of http//education.uregina.ca/sea
man/Sciematics2004.jpg
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Safety

• -Night time hunting
• -Gun safety training
• -Age restrictions

Image courtesy http//www.tpwd.state.tx.us/huntwi
ld/hunt/youth_hunting/
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REFERENCES

• Special thanks to Bob Stanton, Senior Policy
  Advisor, Policy and Planning, Department of
  Natural Resources, NB and Dwayne Sabine, Moose
  Biologist, Fish and Wildlife Branch, Department
  of Natural Resources, NB and also to Rod
  Cumberland, Deer Biologist, Fish and Wildlife
  Branch, Department of Natural Resources, NB.
• Hurley, Mary C. Aboriginal and Treaty Rights.PRB
  99-16E. Parliamentary Research Branch, Library of
  Parliament, Ottawa, revised July 2000.
• Communications Branch. DFOs Response to the
  Marshall and Sparrow Decisions Maritimes Region.
  Fisheries and Oceans Canada, updated November
  2006. http//www.dfo-mpo.gc.ca/media/backgrou/2006
  /mar02_e.htm
• Media Relations. Long-Term Response to the
  Marshall Decision Overview of Indian and Northern
  Affairs Strategy. Indian and Northern Affairs
  Canada. Updated 2004-04-23. http//www.ainc-inac.
  gc.ca/pr/info/ltr_e.html
• McCallum, Margaret. 2004. Rights in the Courts,
  on the water, and in the woods the aftermath of
  R. v. Marshall in New Brunswick. Journal of
  Canadian Studies. 18. 1-12.
• Alison, R.M. 1977. Native rights and wildlife an
  historical perspective. Chittys Law Journal.
  25.235-239.
• http//www.cws-scf.ec.gc.ca/
• http//www.gnb.ca