I have a friend that has status but he's not sure of his rights for fishing

[skinny]

ok so I have a buddy he lives on the reserve close to me. He use to fish all the time but gave it up. He buys a licience to fish still but kinda knows he has some rights to fish out side of the regs. He curently doesn't because he is not sure of the wording. I havn't read it but he said something about a region.

 

he also wondered if his staus would cover those fishing with him. I said that isi'm sure a no.

 

is there a simple way to clear up what he can and can't do and where

He is the type that probably would never go around the regs anyway but would like to know

[aplumma]

I would suggest he ask the counsel of elders???for the tribe they will know exactly what he can or can't do.

 

 

Art

[Guest gbfisher]

If you are not status you cannot practice territorial rights as such. In other words you have to follow your regulations. He can only practice his territorial rights in his boundaries what ever they may be. Not much to it really.

[manitoubass2]

He can fish for, and keep any type or amount of fish within his status area. Ie. if he is Rainy River first nations, he can fish, and keep any fish located on that area of his band.

 

Status cards do not help anyone they are fishing with, only him. So if you fish with him, make sure YOUR fish are located on YOUR OWN stringer, separate from his.

 

But.... I'd still tell him to contact his elders and or the MNR office to clarify any issues to him.

Edited June 8, 2011 by manitoubass2

[skinny]

i was pretty sure he would not cover me

I think he is 6 nations and no clue what they cover

[manitoubass2]

i was pretty sure he would not cover me

I think he is 6 nations and no clue what they cover

 

There is a website that shows different areas for different bands. I can't think of the addy though, I'll see if I can find it for you to pass on to him

 

My link

Edited June 8, 2011 by manitoubass2

[tonyb]

That is correct gbw. Status Indians in ON do not need a fishing license if they are fishing within their Bands' Treaties Area. For everywhere else, a valid fishing license is required.

 

Here is a map for reference (Full Map can be found at http://www.ainc-inac.gc.ca/ai/scr/on/rp/mcarte/mcarte-eng.asp:

 

 

Tony

 

 

[n8tivebigguy]

its hard to go by the mnr and the band council for where to fish for status natives. as each have different understanding for fishing/hunting treaty areas and boundries. so jus tell your buddy to keep getting the license and stay within the regs to jus be on the safe side.

[manitoubass2]

its hard to go by the mnr and the band council for where to fish for status natives. as each have different understanding for fishing/hunting treaty areas and boundries. so jus tell your buddy to keep getting the license and stay within the regs to jus be on the safe side.

 

 

It's not that tough. Go get a map of the treaty area, put it in your tackle box.

 

The only other concern is how you plan on fishing? If you use normal methods, all is well. Even a status indian cannot use methods that damage the fish or the system, it's stated in the laws on the MNR website. Now, I'm not sure what that means exactly? Because most areas allow gill netting or other netting techniques. Maybe they are referring to using electricity or dynamite??? I have zero idea.

 

I fish locally with a few status indians, and for the most part they all use a rod and respectful methods. They also choose to fish within the species guidlines as well, which I pay them alot of respect for.

 

I'd imagine that this card gets abused quite abit, so it's nice to see them take this approach

[n8tivebigguy]

I totally understand the regs for status members. its jus the map that i get caught up on, since most co's don't consider the treaty area that big or don't really know themselves where the boundries are.

[manitoubass2]

I totally understand the regs for status members. its jus the map that i get caught up on, since most co's don't consider the treaty area that big or don't really know themselves where the boundries are.

 

Yeah, I see what your saying.

 

If it was me, I'd only fish what I know. If I chose to fish on the bounderies though, I'd have my map handy. At least in that case you can use it if charges are laid.

 

Again though, that brings up what you said about still having a license. Which is obviously a good idea for your own protection, as well as contributing on other levels.

[skinny]

I think it has been more of a curious thing to this person. As I said he curently buys a licience and fishes to the regs.I think he is pretty happy with that.

I thank all for the input

[crosshairs]

This is actually a pretty complicated question. There are so many variables that would change the outcomes. Anyhow most First Nations signed a treaty (except Wikwemikong terrible spelling)they are unceeded. The remainder of First nations signed treaties. I belong to Nipissing First nation, which is a member of the robinson huron treaty. In our treaty the first nations kept all fishing and hunting priviledges, where other treaties sold their hunting and fishing priviledges. Again using nipissing as an example, they have proven through the courts that they commercially fished where the other first nations within the treaty area have not.

 

Now treaty boundaries are not exactly mapped out, the omnr have their veiws where they are but nothing has been agreed upon by the FN's. It is pretty complicated. Also there are political bodies who also look out for FN's issues. These bodies have also been working on INTER -treaty harvesting agreements. What these agreement do is allow someone from another treaty area to practice their priviledges in a separate treaty area. A good example would be if I married someone from another treaty area she could ask permission and sign a harvesting agreement to be in the area.

 

Then to complicate things even more, treaty areas where mapped out by governments not FN's and this error has brought out areas called Traditional use areas. An example would be Nipissing members didn't just live on lake Nipissing, they wintered as far north as Lake Nipigon and went as far south as OKA. We have reasearched this quite extensively through the archives, so our traditional area would be an area from lake nipigon right into quebec. These traditional areas have been challenged by government and the FN's have won.

 

Anyways, he should research what their treaty says and go with it. When harvesting in another FN's territory it is only respectful to contact them and see what regulations they may have on their members and get them to put it in writing that they acknowledge he will be in their territory.