Metis Laws of the Harvest - intma.caintma.ca/pdfs/Metis_Laws_of_the_Harvest.pdf · Message from MMF President David Chartrand, on the Printing of the 2nd Edition, Dear Metis Harvesters

Guide to Metis Hunting, Fishing, Trapping, and Gathering

Interim Metis Laws of the Harvest

SECOND EDITION

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Message from MMF P r e s i d e n t D a v i d Chartrand, on the Printing of the

nd2 Edition,

Dear Metis Harvesters

I want to thank all of you for supporting the Metis Harvesting Initiative and for standing solid and steadfast in protecting your Community and your Rights.

ndAt the time of publication of this 2 edition of the interim Metis Laws of the Harvest, we have reached the

th1,000 Metis Harvester Identification Card as part of our initiative. This is truly a significant high point in the history of the Metis Nation's Manitoba Metis Community.

Manitoba Metis Federation

As many of our Harvesters have said to me during our workshops, meetings and assemblies, the work that we are doing is not just about hunting, fishing, trapping, or gathering – it's about self-government and self-determination.

The work that we've accomplished together in a very short time is also about practicing the traditions of our Ancestors, making our own decisions, and creating our own future. Together we will ensure the Metis People continue to receive recognition and respect.

Again, I want to thank you, our Elders, staff, volunteers, and our elected representatives on the MMF Board, and Local Executives who have made this initiative an outstanding success.

Meeqwetch,

David ChartrandPresidentManitoba Metis Federation


Dear Harvester, On behalf of our Mani-toba Metis Community,

I am pleased to present the unprecedented first edi-tion of our Interim Metis Laws of the Harvest. These interim laws build upon our rich cultural heritage and our longstanding commitment to our harvesting rights and our conservation responsibilities. Our Ancestors had unwritten and written rules, such as the historic Metis Laws of the Buffalo Hunt, and others. Today the Metis people continue to practice our traditions that have been passed from generation to generation. Carrying on the proud tradition of the Otipemisiwak, “the independent ones,” these interim laws will help


Message fromMMF PresidentDavid Chartrandon the Printing of

stthe 1 Edition,

to ensure we can meet our obligations to our families now and in the future. Through further consultation we will continue to develop your Metis-made laws as part of our Metis Harvesting Initiative. Our Metis Nation’s traditions, expressed in part by these interim laws, are crucial to protecting our future. Following the direction expressed by the Metis, these interim laws are intended to protect the wildlife, fish, and other resources upon which we depend. Together, we will protect our community, our environment, and our rights by implementing the principles and laws found in this booklet. I would like to thank all our Elders, volunteers, staff, and elected members of the Manitoba Metis Federation Board, who have worked hard to move our Metis Harvesting Initiative forward. I would also like to thank all those who contributed by providing valuable advice and clear direction. Meeqwetch, David Chartrand


Introduction to the Interim Metis Laws of the

ndHarvest, 2 Edition. By Carl Chartrand,

MMF Natural Resources Chair

Dear Metis Harvester,

I am pleased to present, on behalf of the Manitoba Metis ndCommunity, our Interim Metis Laws of the Harvest, 2

Edition. This edition represents the results of extensive consultation with our people including The Commission on the Metis Laws of the Hunt, two Elders conference, Local and Regional workshops, as well as the harvesting needs survey and harvest return surveys. Throughout our consultations with the Manitoba Metis Community, we continue to hear you say that along with rights comes responsibilities.

Based on what we have heard in many informational sessions as well as the harvest needs survey and the harvest returns survey, we have developed guidelines to give Metis harvesters further clarity and promote discussion on harvest


rules.

These laws and guidelines are subject to change and refinement with further consultations with the Manitoba Metis Community, at Local and Regional workshops and Annual General Assemblies, as well as the information gathered from future Harvester Return Surveys.

I want to thank everyone who has participated in the ndcreation of this Interim Metis Laws of the Harvest, 2

Edition. I also want to encourage Metis harvesters to continue to respect the cultural and conservation traditions of our Ancestors.

Good luck in the upcoming harvesting year!

Merci and thank you

Carl Chartrand


Dear Harvester,


Introduction to the Interim Metis Laws

of the Harvest, 1st Edition

by

Darrel DeslauriersPast MMF Natural Resources Chair

You have in your hands a milestone document in the history of the Metis Nation. This booklet is the product of the hard work, experience, and knowledge of literally thousands of Metis people across our province.

The Interim Metis Laws of the Harvest are based on the results of the Commission on the Metis laws of the Harvest, the Elders Conference, the workshops, surveys, and much discussion amongst the Metis within Manitoba. We listened very carefully to what you said in these forums. The Principles and Laws of the Harvest that follow are intended to guide us in our Metis harvesting.

These laws, and related policies and procedures are subject to change. These laws are also intended to be the starting point for flexible and ongoing devel-opment of future Metis Laws of the Harvest.

Future Metis-made rules will continue to be devel-oped with further consultation at upcoming MMF Local and Regional workshops. These rules will reflect the traditions and aspirations of our Ances-tors, our Manitoba Metis Community, and the Metis Nation within Manitoba.

I want to thank everyone for their participation and assistance in making this an ongoing success. I look forward to seeing many of you again at the future workshops, and on the hunting trail. Good luck! Thank you, Darrel Deslauriers


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ndWhat's New in this 2 Edition

Since the creation of the First Edition, the MMF has completed additional Harvesting Workshops throughout the province with the Manitoba Metis Community and we also now have the results from the 2004-2005 Harvester Return Survey. The 2005-2006 Harvest Return Surveys and subsequent surveys will be published and made available when completed.

Based on the Harvester Return Surveys as well as all the previous workshops, reports and 2004 Harvesting Needs Survey, we have created a table of “Guidelines to Metis Harvesting.” These guidelines are subject to change as we continue to consult with the Manitoba Metis Community. These guidelines are simply a summary of what Metis Harvesters have told us they need for their families as well as what they have actually taken during the previous harvesting season.

We have made only minor editorial changes to the First Edition and the original document is here in its entirety.


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Guidelines to Metis Harvesting

During workshops and meetings the Metis people consistently said that when harvesting, do not waste food and take only what you need. Following these directions, these Guidelines are intended to share information about the average amounts needed and harvested by the Metis.

The following three charts give the average amounts of wild foods Metis said they would use in the 2004 Harvesting Needs Survey and the amount they harvested during the 2004-2005 season. This will be updated in future editions.

The first column heading on each chart: “MMF Harvesting Needs Survey Per Household,” is the average amount of Big Game, Migratory and Upland Game Birds, or Fish that respondents indicated their family would normally harvest to feed their extended family households.

The second column heading: “MMF Harvesting Needs Survey per Harvester,” is the average amount of Big Game, Migratory and Upland Game Birds, or Fish that each hunter/fisher would harvest to meet the needs of their extended family household. This column is

derived by dividing the “MMF Harvesting


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Needs Survey per Household” column by 2.15, (which is the average number of hunters/fishers per extended household, and then rounded up to the next whole number).

The table heading: “MMF Harvester Return Questionnaire Data Per Hunter/Fisher”, is the average amount of Big Game, Migratory and Upland Game Birds, or Fish for each successful harvester of that specific game or fish.

Big-game:

Species

MMF Harvesting

Needs Survey Per

HouseholdAF

MMF Harvesting

Needs Survey Per HunterC

MMF Harvester Return

Questionnaire Data Per Hunter

Caribou 2 1 1D

Moose 2 1 1D

Elk 2 1 1D

Deer1 3 2 2D

Total 4B 2 2E


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Big-game:Footnotes on table:

A. An average Extended Family Household consisting of 13 people and about 2 active harvesters.

B. This total is not derived from the data listed in the column. The MMF Harvesting Needs Survey asked participants their total household need for all large game animals and this was the average calculated.

C. This data is derived by dividing the MMF Harvesting Needs Survey Per Household column by 2.15 (average number of hunters per household), and rounding up to a whole number.

D. This total is derived from the number of animals of the specific species divided by the number of hunters successful in harvesting said species.

E. This total is derived from the total number of big game harvested divided by the number of successful hunters. There were 146 successful hunters in total.

F. The amount for any given species is calculated for only those households that actually harvested and consumed that species.


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Migratory and Upland Game Birds:

Species

MMF Harvesting

Needs SurveyA Per Household

MMF Harvesting

Needs Survey Per

Hunter

MMF Harvester

Return Questionnaire

Fall Season AveragesB

Migratory Game Birds

Dark geese/

Canada geese 11 5

White geese/ Snow geese 13 6

15C+H

Ducks 16 8 33H+J

Coots Snipe Sandhill crane

D* *D 40H+J

Upland Game Birds Ruffed grouse 10H Spruce grouse 6H Sharp-tailed

grouse

17E 8E H8

Gray partridge 5H Ptarmigan/rock

willow H6

Wild turkey

F* *F H2

Birds Total * G *G 16I

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Migratory and Upland Game Birds:Footnotes on table:

A. The MMF Harvesting Needs Survey identified these were amount needed per extended household.

B. Data is only from August 31, 2004 to March 31, 2005 and therefore does not include the spring hunt.

C. For the MMF Harvester Return Questionnaire, the geese were not broken down into categories therefore geese refers to all geese.

D. The MMF Harvesting Needs Survey did not ask Metis about harvesting coots, snipe or sandhill crane.

E. The MMF Harvesting Needs Survey did not break down grouse into categories.

F. The MMF Harvesting Needs Survey did not ask Metis about harvesting gray partridge, ptarmigan/rock willow or wild turkey.

G. The MMF Harvesting Needs Survey did not ask Metis the total average number of birds needed.

H. This average is derived from the number of birds of the specific species divided by the number of hunters successful in harvesting said species.

I. This total is derived from the number of birds harvested divided by the number of successful hunters. There were 125 successful hunters included in this sample.

J. These averages include Metis Community Harvesters.


Species

MMF Harvesting

Needs Survey Per Household

MMF Harvester Return Questionnaire

DataB / Pounds per Fisher

Arctic Char * 2C

Arctic Grayling * 2C

Black Crappie * 3C

Brook Trout * 0C

Channel Catfish * 17C

Goldeye and Mooneye * 10C

Lake Trout * 20C

Largemouth Bass * 7C

Muskellunge * 0C

Northern Pike (Jackfish)

* 17C

Rock Bass * 4C

Smallmouth Bass * 9C

Sturgeon * 0C

Walleye (Pickerel) and Sauger

* 27C

White Bass * 0C

Whitefish * 27C

Yellow Perch * 13 C

Total 50 A+E 23D

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FISH:

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FISH:Footnotes on table:

A. There was no question on the survey regarding fish consumption. The Commission on the Metis Laws of the Hunt identified a fish possession limit of 50 lbs. This did not specify if it was filleted, headless or round.

B. This year’s data is only from August 31, 2004 to March 31, 2005 and therefore missing the spring and early summer and is not a complete sample.

C. This average is derived from the weight of fish of the specific species divided by the number of fishers successful in harvesting said species.

D. This total is derived from the total weight of fish harvested divided by the number of successful fishers. There were 174 successful fishers included in this sample.

E. There was no identified harvested weight limit for other rough fish.


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Principles

1. Metis harvesting and Metis harvest, for the purpose of the Interim Laws of the Harvest, means hunting, trapping, fishing and gathering for food and domestic use, including sharing, social and ceremonial purposes, of fish, big-game, small-game, furbearers, game-bird (upland and migratory), berries, mushrooms, medicinal and other plants including wild rice, and firewood.

2. Metis harvesting is a Metis right. This right is not subject to a provincial government draw system.

3. Along with our Metis rights come responsibilities to our community, and to our environment. Conservation has top priority.

4. Metis have harvesting access to resources equal to that of other Aboriginal Peoples. The Metis right to harvest has priority over non-Aboriginal recreational and commercial harvesters.

5. Sharing the Metis harvest, through those ways traditionally used by the Metis Community, is a Metis right. This includes using designated community hunters to harvest for the disabled, elderly, and those unable to hunt.


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6. To protect our rights, and to meet our responsibilities and obligations, the Metis people have identified four principle objectives to guide the implementation of our rights. These are implemented in the MMF Metis Harvesting Initiative and include:

a. Metis Harvester Identification Registry and Cards. The cards identify Metis harvesters and prevent the fraudulent abuse of our Metis harvesting rights by non-Metis.

b. Metis Conservation Trust Fund. A trust fund was created to raise and distribute funds for local and regional Metis-directed conservation initiatives and to support and safeguard our section 35 rights.

c. Metis Management System. The Metis Management System is Metis-developed and recognizes Metis rights and Metis jurisdiction. Management includes a yearly harvest survey and report.

d. Metis Laws of the Harvest. Our Ancestors had our own unwritten and written rules such as the “Laws of the Buffalo Hunt.” The Metis people want Metis-made common-sense rules to protect our rights and

resources such as bag limits and restrictions during calving and spawning periods.


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Laws

1. Exercising the Metis Right to harvest for food means Metis cannot sell their harvest. As currently required by federal or provincial regulations, all commercial use, either selling or buying, must be with a commercial permit or licensing agreement.

2. Subject to the requirements and exceptions in the attached Harvesting Quick Reference Guide, all Metis harvesters must possess a validated Metis Harvester Identification Card obtained through the Metis Harvester Identification Card Application Process. This Card must be validated annually for the period from

stAugust 1 through to July 31st of the following year. To be validated, the Card must have a Metis Conservation Trust Fund Sticker for the applicable period.

3. In addition to the MMF Metis Harvester Identification Card and Metis Conservation Trust Fund Sticker, hunting of big game requires the appropriate management tags for reporting and conservation purposes.


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4. Metis Harvesters must meet all health and safety regulations and requirements, including possessing all applicable federal and provincial firearms, vehicular, and boating safety and operating certificates and licenses.

5. Metis Harvesters may harvest year-round subject to Metis Regional decision-making, planning, and management considerations as enacted from time to time, and with the following exceptions:

tha. No big game hunting from January 15 to July th15 . During the rest of the year, no hunting of female

big game if animal is accompanied by offspring under one-year old;

b. No fishing by net during species-specific fish spawning seasons.

c. No game-bird hunting during nesting. Spring game-bird hunting may take place during migration if before nesting.

6. Metis harvesters may engage in Metis harvesting throughout the Manitoba Metis Community's province-

wide traditional harvesting territory on all unoccupied provincial Crown Lands in


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Manitoba and occupied provincial Crown lands, including provincial parks, wherever First Nation Members are allowed to harvest; and on any privately owned lands in Manitoba on which that Metis Harvester has been given permission by the owner or occupant, or Indian Reserve lands with permission of Band Council.

7. There is a 50 pound possession limit on fish harvest. For game, as an interim measure until further Metis Laws of Harvest regarding bag limits are developed, use common sense, the guidelines provided in this booklet, our unwritten Metis traditional rules, or existing provincial bag limits.

8. Don't waste. Eat what you kill and if there are other uses for the animal, try to do that.


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HARVESTING QUICK REFERENCE GUIDE

The reference guide tables on the following pages are intended to help the Metis Harvester identify what requirements must be met if he or she intends to harvest various resources on the land. This guide may change.

Identify the resource you want to harvest on the left hand column. You will notice there are separate lines for harvesters who are 18 years of age or older, 16 to 17 years, and 12 to 15 years. Please choose the applicable line and move to the boxes to the right to determine the requirements needed to harvest.

For example, if you are over 18 and want to harvest deer, you would look under big game and follow the “18 or older” row and would determine that you require an MMF Metis Harvester Identification Card, a Metis Conservation Trust Sticker, and a Management Tag or Tags.


tabl

e co

ntin

ued

on n

ext p

age.

..

IF I

HA

RV

ES

T…

DO

I N

EE

D?…

MM

F M

etis

Har-

vest

er

Identifi-

cation C

ard

10

Metis

Conse

r-va

tion T

rust

Fund S

tick

er1

1 M

anagem

ent

Tags

9

Adult a

ccom

-

panim

ent1

BIG

-GA

ME

2

18 y

ears

old

or

old

er

Yes

Yes

Yes

No

12 t

o 1

5 y

ears

old

Yes

No

Yes

Yes

SM

ALL-G

AM

E3

18 y

ears

old

or

old

er

Yes

Yes

No

No

12 t

o 1

5 y

ears

old

Yes

No

No

Yes

18 y

ears

old

or

old

er

Yes

Yes

No

No

12 t

o 1

5 y

ears

old

Yes

No

No

Yes

UP

LA

ND

4 A

ND

MIG

RA

TO

RY

5

GA

ME

-BIR

DS

16 t

o 1

7 y

ears

old

Yes

No

Yes

No

16 t

o 1

7 y

ears

old

Yes

No

No

No

16 t

o 1

7 y

ears

old

Yes

No

No

No

15

IF I

HA

RV

ES

T…

DO

I N

EE

D?…

MM

F M

etis

Har-

vest

er

Identifi-

cation C

ard

10

Metis

Conse

r-va

tion T

rust

Fund S

tick

er1

1 M

anagem

ent

Tags

9

Adult a

ccom

-

panim

ent1

FIS

H6

18 y

ears

old

or

old

er

Yes

Yes

No

No

12 t

o 1

5 y

ears

old

Yes

No

No

Yes

SM

ALL-G

AM

E F

UR

BE

AR

ER

S7,

FIR

EW

OO

D A

ND

WIL

D R

ICE

8

18 y

ears

old

or

old

er

Yes

Yes

No

No

12 t

o 1

5 y

ears

old

Yes

No

No

Yes

18 y

ears

old

or

old

er

No

No

No

No

12 t

o 1

5 y

ears

old

N

o

No

No

Yes

BE

RR

IES

, M

US

HR

OO

MS

, M

ED

ICIN

AL A

ND

OT

HE

R P

LA

NT

S

16 t

o 1

7 y

ears

old

Yes

No

No

No

16 t

o 1

7 y

ears

old

Yes

No

No

No

16 t

o 1

7 y

ears

old

N

o

No

No

No

16

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Footnotes on table:

1. All harvesting is subject to, and harvesters must meet the requirements of, all federal and provincial health and safety regulations, For harvesting requiring firearms or bows, or for activities involving potentially hazardous conditions, or exposing the harvester to risk or possible harm, adult accompaniment is recommended. The adult must meet all his or her adult requirements for the resource being harvested.

2. Moose, elk, barren-ground caribou, woodland caribou, white-tailed deer, mule deer, black bear and gray wolf.

3. All other animals not listed in footnotes #2 or #7

4. Ruffed grouse, gray partridge, wild turkey, rock ptarmigan, willow ptarmigan, spruce grouse, sharp-tailed grouse and ring-necked pheasant.

5. Ducks, geese, coots and snipe, sandhill cranes

6. Arctic char, arctic grayling, black crappie, brook trout, channel catfish, goldeye, mooneye, lake trout, muskellunge, northern pike, rock bass, smallmouth bass, largemouth bass, brook trout, brown trout, rainbow trout, walleye,


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white bass, whitefish, yellow perch, and freshwater mussels, and other species.

7. Beaver, short-tailed weasel, long-tailed weasel, coyote, fisher, artic fox, red fox, river otter, badger, bobcat, marten, mink, muskrat, red squirrel, wolverine, raccoon, lynx.

8. Firewood and wild rice are for own use and not for sale. Gathering of berries and plants does not require any cards, stickers or tags.

9. Tags required for big game reporting and conservation management purposes. Other species-specific reporting to be used.

10. Youth 12 to 17 years require card. Children 11 years or younger may apply for and receive a card, but do not require it. Children must meet all health and safety requirements for the harvesting he or she will be engaged in. Children should be accompanied by adult at all times.

11. Metis Harvester Identification Card will be considered validated without sticker for those 12 to 17 years of age or younger.

If You Are Approached by a


Conservation Officer

If a Manitoba Conservation Officer, or other enforcement authority, approaches you regarding your Metis harvesting or your Metis harvest, please follow these steps:

1. Ensure that you have your validated MMF Metis Harvester Identification Card with you at all times while harvesting.

2. Ensure that you are following the MMF Interim ndMetis Laws of the Harvest, 2 Edition.

3. Answer his or her questions politely to the best of your knowledge.

4. Identify yourself as a Metis Harvester to the Conservation Officer, and show the Conservation Officer your Metis Harvester Identification Card.

5. Inform the Conservation Officer that you are practicing your Metis right to harvest, and that you are harvesting for food or domestic purposes and not for commercial purposes, trophy, or sport.6. If you have any portion of your harvest seized, or

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you are given a warning or summons (charged) for practicing your Metis right to harvest, contact the MMF Natural Resources Portfolio Staff immediately to report the incident at 204-586-8474.

Remember…

1. The Metis Harvest is not to be sold.

2. When you harvest, carry your validated MMF Metis Harvester Identification Card.

3. Follow all health and safety regulations or requirements.

4. Metis harvesters may harvest year-round with the exceptions found in the Interim Metis Laws of the

ndHarvest, 2 Edition.

5. Hunt on unoccupied Crown land and occupied

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Crown land wherever First Nations Members are allowed to harvest. Hunt on Indian Reserve land only with permission from Band Council;

6. Hunt on privately owned land only if you have permission by owner or occupant;

7. When harvesting for fish, use the limits found in the Interim Metis Laws of the Harvest. When harvesting for game, for the interim, use common sense, the guidelines in this booklet, unwritten Metis traditional rules, or existing provincial limits.

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22


Notes


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Notes

24


Notes

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Published by the Manitoba Metis Federation Inc.

For more information, please contact the MMF

Natural Resources Portfolio Staff at

300-150 Henry Ave. Winnipeg, MB R3B 0J7

Phone: 204-586-8474 Fax: 204-947-1816

E-Mail: [email protected] www.mmf.mb.ca

nd2 Edition March 27, 2007

st1 Edition August 31, 2004

Documents

Metis Laws of the Harvest - intma.caintma.ca/pdfs/Metis_Laws_of_the_Harvest.pdf · Message from MMF President David Chartrand, on the Printing of the 2nd Edition, Dear Metis Harvesters