hunting & fishing - cafn.ca · 3 overlap our harvesting rights are not limited, but we cannot...

HUNTING AND FISHING:HUNTING AND FISHING:HUNTING AND FISHING: Your Harvesting Rights & ResponsibilitiesYour Harvesting Rights & ResponsibilitiesYour Harvesting Rights & Responsibilities

as a Beneficiaryas a Beneficiaryas a Beneficiary of Champagne and Aishihik First Nationsof Champagne and Aishihik First Nationsof Champagne and Aishihik First Nations

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Introduction

This pamphlet has been prepared to inform you as a citizen of the Champagne & Aishihik First Nations (CAFN) about your harvesting rights and responsibilities, both in the CAFN Traditional Territory and other areas. Subsistence harvesting means hunting, fishing, trapping and gathering of plants and animals from the land for food and traditional purposes. This brochure refers mainly to hunting and fishing for food.

Please refer to the traditional territory map of areas located on the back of this pamphlet.

Harvesting within the CAFN Traditional Territory

The rules for harvesting in the CAFN Traditional Territory are different depending on which area you are in. The Yukon portion is governed by the CAFN Final Agreement, but there are a few different rules for harvesting in Kluane National Park. The British Columbia (BC) portion also has some different rules, both for harvesting in the Tatshenshini-Alsek Park and outside of it.

CAFN asks all of our beneficiaries to report all of their fish and wildlife harvesting, including salmon. This information is important for management of our fish and wildlife populations to remain healthy and sustainable.

1. Harvesting in the Yukon portion of the CAFN Traditional Territory (outside Kluane National Park and Reserve)

Harvesting in the Yukon portion of the Traditional Territory is governed by the CAFN Final Agreement, which came into effect in 1995. This Agreement confirmed CAFN’s treaty rights in its traditional territory, including hunting and fishing rights.

You must be enrolled under the CAFN Final Agreement. As a CAFN beneficiary, you have the right to harvest for subsistence all species of fish and wildlife for food for yourself and your family. This can be at any time of year, in any number, both male and female, and on both public Crown land and CAFN Settlement Land. You can harvest using traditional and modern methods of transportation and equipment.

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Overlap Our harvesting rights are not limited, but we cannot issue consent for an overlap area.

CAFN Laws (see more regulation info on page 7)

CAFN Wildlife Harvesting Regulation, No cow moose hunting regulation was passed in 2000, which prohibits any citizen, other than an elder from hunting a female moose.

You need to be aware that public safety, public health, conservation and CAFN Laws are the only things that can limit your rights.

It is illegal to harvest fish and wildlife for the purpose of selling the meat. However, you may give as a gift or trade meat to other Yukon First Nation citizens. First Nations must be aware that if you transport meat out of the Yukon, you are required to obtain an export permit from a Yukon Government Conservation Officers Office.

Our Final Agreement only recognizes CAFN beneficiaries. Non-CAFN citizens do not have the same rights within our Traditional Territory, this would mean;

If your spouse, relative or friend is a beneficiary of another Yukon First Nation They do not have any rights to harvest within the CAFN Traditional Territory in the Yukon. They must have a valid Yukon Government hunting or fishing licence or have a Yukon First Nation Consent Licence issued by CAFN;

If your spouse, relative or friend is not a beneficiary of a Yukon First Nation They must comply with Yukon Laws and can only harvest with a valid Yukon Government hunting or fishing licence. CAFN cannot give consent to non-Yukon First Nation people to harvest.

In the above situations, if your spouse, relative or friend is accompanying you to harvest, they cannot shoot or catch fish or wildlife without their own licence. If they are not harvesting, it is a good idea for them to avoid any perception of this or handling of hunting or fishing equipment in the field.

Please contact our First Nations Renewable Resources office for further information regarding hunting within our traditional territory of the Yukon and British Columbia.

REMEMBER: If you want to harvest within another Yukon First Nations Traditional Territory, you MUST HAVE WRITTEN CONSENT from that First Nation.

L Joe

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Harvesting Rights and Responsibilities in National and Provincial Parks 2. Harvesting in Kluane National Park

Please remember that your harvesting rights only applies within your respective traditional territory of Kluane National Park. Here CAFN beneficiaries are entitled to harvest the resources of the lands and waters of the Park for food, and to use traditional and modern methods and equipment to do this. For further information please see “Harvesting in Kluane National Park and Reserve, First Nations Rights and Responsibilities” brochure. CAFN has negotiated a Subsistence Harvesting Protocol Agreement for the part of Kluane National Park that is within the CAFN Traditional Territory. The purpose is to develop and maintain a harvesting agreement that respects the rights and responsibilities of the parties under the CAFN Final Agreement and the National Park Act. It recognizes the rights of CAFN beneficiaries to hunt, fish and gather. This agreement also recognizes the principles of conservation, public health and public safety in order to maintain Kluane National Park natural and cultural environment for the benefit of all Canadians.

When harvesting in Kluane National Park and Reserve, you have the following responsibilities:

Wildlife Harvest Reporting �� Report location, date, species and sex of harvest to CAFN to minimize

the potential for bear encounters at kill sites by Park users. �� Non-beneficiaries accompanying you should avoid the perception of hunting and fishing,

such as not handling hunting and fishing equipment.

ATV, ORV and Snowmobile Use �� You have the right to use traditional

and modern methods of transport and equipment only for subsistence harvesting purposes.

�� Anyone accompanying you who is not a CAFN beneficiary must not operate any motorized vehicle in the park.

�� Exercise due care in sensitive areas such as dune type areas and subalpine areas (contact CAFN or Parks Canada if you would like more information).

�� Attempt to minimize conflicts with other users of the Park.

No discharge of firearms

within 1 km of the

Kathleen Lake campground

or Day use area.

Further information on harvesting in Kluane National Park can be obtained from brochures produced by Parks Canada and Champagne and Aishihik First Nations.

“Please remember, your harvesting rights only apply within CAFN Traditional Territory of Kluane National Park and Reserve”.

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Harvesting in Kluane National Park (continued)

Area closure �� Be aware that there could be area closures within certain sections of the park, if

you wish to access areas of the Park that have been closed for public safety reasons such as forest fires or bear activity, please contact CAFN or Parks Canada.

Baikal Sedge (KNP&R) �� This plant is listed as “Threatened” under the Species at Risk Act is sensitive to

disturbance, CAFN beneficiaries must exercise due care accessing in and around the Alsek Dune area located at the confluence of the Dezadeash and Kaskawulsh Rivers.

3. Harvesting in British Columbia & Tatshenshini – Alsek Park

CAFN and the B.C. Government collaboratively manage the Tatshenshini-Alsek Park. The terms of the 1996 Tatshenshini-Alsek Park Management Agreement recognizes CAFN beneficiaries are entitled to harvest the resources of the lands and waters of the Park for food, and to use traditional and modern methods and equipment to do this.

CAFN beneficiaries exercising their aboriginal harvesting rights are subject to limitations established by CAFN and B.C. laws with respect to conservation, public health and public safety.

If your spouse, relative or friend is a citizen of a another B.C. First Nation BC recognizes a status card as a first nation's hunting and fishing licence. If any first nation wants to hunt outside of their traditional territory, they must abide by BC hunting regulations.

Alaskan Citizens Hunting in British Columbia “The Conservation Officer Service has advised CAFN that under existing legislation aboriginal rights to hunt in British Columbia apply only to members of First Nations whose traditional territory are found within British Columbia, and who are “Status Indians” as defined in the Indian Act (Canada). Accordingly, as a U.S. citizen, all legislation relating to non-resident hunters applies to you; including the requirement for non-residents to be accompanied by a licenced BC guide or by a relative who holds a Permit to Accompany”. As Alaskan beneficiaries are not residents of Canada, BC does not recognize your aboriginal right to harvest within CAFN’s Traditional Territory of British Columbia, unless you have a Canadian “Status Card”.

CAFN has aboriginal rights and interest in their Traditional Territory, in BC which includes the Park. We have the right to use traditional and contemporary means to access those rights.

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When harvesting in British Columbia, you have the following responsibilities:

Harvest Reporting �� Report your harvest activity to CAFN. �� Report location, date, species and sex of harvest.

ATV, ORV and Snowmobile Use �� You have the right to use traditional and modern methods of transport and equipment

only for subsistence harvesting purposes. �� Anyone accompanying you who is not a CAFN beneficiary must not operate any

motorized vehicle or have the perception of hunting or fishing in the Tatshenshini-Alsek Park.

�� Exercise due care in sensitive areas such as subalpine areas (contact CAFN if you would like more information).

�� Attempt to minimize conflicts with other users of the Park.

Area closure Be aware that there could be area closures within certain sections of the Tatshenshini-Alsek Park, if you wish to access areas of the Park that have been closed for public safety reasons such as forest fires or bear activity, please contact CAFN or Tatshenshini-Alsek Park Office at (867) 634-4248.

Further Information For more information on your rights within British Columbia, please contact the Atlin District Conservation Officer at (250) 651-7633 or CAFN/BC Parks Office at (867) 634-4248 for further information.

Harvesting in British Columbia & Tatshenshini – Alsek Park (continued)

REMINDER: Be aware that you maybe asked to present proof of citizenship identification, always carry your “Status Card” while exercising your traditional subsistence harvesting within British Columbia portion, including the Tatshenshini-Alsek Park.

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Champagne and Aishihik First Nations Acts and Regulations In 1998 CAFN passed a Fish and Wildlife Act, and in 2000 passed a Wildlife Harvesting Regulation under the Act. Reporting is requested for harvesting of moose, caribou, sheep, goat, deer and salmon.

CAFN laws can be obtained from the CAFN Renewable Resources office or viewed at CAFN website. http://www.cafn.ca/laws.html

WILDLIFE HARVESTING REGULATION

CAFN’s Wildlife Harvesting Regulation was passed in January 2003, arose out of citizen’s concerns that the moose populations were declining in our traditional territory. If you want more information on CAFN’s Fish and Wildlife Act or Wildlife Harvesting Regulation, please contact us.

Responsibilities and Ethics

As a “beneficiary” of CAFN’s Final Agreement, it is part of your responsibility to understand your agreement’s provisions. You have rights to subsistence harvesting, and you have the responsibility to be ethical and respectful in your harvesting practices. Our fish and wildlife populations are relatively healthy and with continued involvement from everyone we can ensure that they remain sustainable for future generations.

Showing proof of Yukon First Nations Citizenship

Remember that you maybe approached in the field during your harvesting activities by a Conservation Officer or Park Warden, who may ask for proof of enrollment with your Yukon First Nations or proof of consent.

You can get your beneficiary enrollment card from CAFN Law Registry Clerk/Support Service, contact her at (867) 634-4204 or e-mail lsmith@cafn.ca

Be Respectful

Make every reasonable

effort to track down and

kill a wounded animal.

REPORT YOUR HARVEST:

CAFN request beneficiaries to report any species killed under your right to hunt for subsistence. You can report your harvest and wildlife observations to the CAFN Fish and Wildlife Harvest Monitor, Renewable Resources Office in Haines Junction or Whitehorse, or phone the CAFN Renewable Resources Office at (867) 634-4211 or (867) 456-6885

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Indian Status Card While exercising your harvesting rights within the British Columbia portion of our Traditional Territory, please remember to always carry your Indian Status Card with you. The BC legislation requires “Canadian Residency”, your Status Card will show that you are registered as a Status Indian under the Indian Act and confirms your right to harvest within the BC portion of the CAFN Traditional Territory.

Discharge of firearms It is illegal to discharge of firearms within 1 km of any buildings, residents or other developments without permission of occupant.

Trapping A trapping concession does not give the trapper ownership of any land or resources, only the right to trap furbearers within the trapping concession for subsistence and commercial purposes. To trap furbearers, you must hold a trapping concession and obtain an annual Yukon Trapping Licence from a Yukon Government Conservation Office. You must also be aware that traps must meet modern humane trapping standards.

Assistant Trappers An individual who qualifies can request to be an assistant trapper from a Registered Trapping Concession holder or can make a request to CAFN to be an assistant on one of CAFN Group Trapping Concessions. A Yukon Government Conservation Office can issue Assistant Trappers Licences at the request of a concession holder or CAFN, with proof of permission.

Gaffing To gaff salmon, you should obtain a Gaffing Licence from either the Whitehorse or Haines Junction CAFN offices. Before going salmon fishing, please contact CAFN to ensure that the fishery is not closed. All salmon harvested must be reported to the CAFN Renewable Resources Office. This information is used to determine how many fish make it to the spawning beds.

Setting a Fish Net When setting your fish net, ensure you have your name and First Nations identification on your fishing gear so that a Conservation Officer / Park Warden can see that it is legal.

Transplanted Species (Wood Bison/Elk) As Bison and Elk are considered transplanted species, permits and hunting licence are required from Yukon Government.

What Else Should I Remember?

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WHAT HAPPENS WHEN YOU SHOOT A COW MOOSE

What Else Should I Remember? (continued) Non-Edible By-Products When you exercise your right to harvest an animal for food, you can also use the non-edible by-products to make other things (“non-edible by-product” means the fur, hide, skin, antlers, horns, skeleton or other portions of wildlife that are not food but can be used for other purposes such as clothing, medicine, decoration or artwork). As a beneficiary of CAFN you are not required to obtain a hunting licence for subsistence harvesting. Although, if you wish to sell non-edible by-products , such as antlers or horns to any person you must obtain a permit from a Yukon Government Conservation Office. This permit is issued free of charge.

Additional Information: You must have an export permit from Yukon Government before you can take wild meat or animal hide out of the Yukon. This applies to moose, caribou, sheep, goat, deer, elk and bison. This permit will show United States Customs that you have a right to possess and transport your harvested animal. This “export permit” is free of charge and is also required for sending hide out for tanning purposes (this permit is to accompany your hide). Subsistence Harvesters, always remember to carry your Indian Status Card or Beneficiary Card in BC.

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For further information contact: Champagne and Aishihik First Nations Renewable Resources #1 Allen Place P.O. Box 5310 Haines Junction, Yukon Y0B 1L0 Phone: *Linaya Workman - Renewable Resource Manager (867) 634-4211 *Micheal Jim - Renewable Resource Officer(867) 634-4248 (summer#) *Harry Smith - Fish and Wildlife Harvest Monitor (867) 634-4211 Enquires: (867) 634-4235 Fax: (867) 634-2108

Champagne and Aishihik First Nations 100-304 Jarvis Street Whitehorse, Yukon Y1A 2H2 Phone: Renewable Resources Officer (867) 456-6885 (winter#) Enquires: (867) 456-6888 Fax: (867) 667-6202

This document was prepared by Champagne and Aishihik First Nations Renewable Resources in 2012. All photos by Micheal Jim unless otherwise noted.

**This is not a legal document. For more detail, please consult your First Nations Final Agreement or visit your First Nations Office.

DID YOU REPORT YOUR HARVEST?

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R-04B

R-02A

R-15A

R-08A

R-06A

R-35B

R-09B

R-01B

R-46B

R-36A

R-41A

R-33B

R-47A

R-12B

R-32B

R-38B

R-11A

R-37A

R-29B

R-26B

R-05B

R-13B

R-34A

R-03A

R-39B

R-10B

R-43B

R-25B R-14B

R-19B

R-42BR-67A

R-69B

R-65B

R-49B

R-40B

R-75A

R-45B

R-73B

R-44B

R-72AR-71A

Montague

Little Fox Lake

HaeckelHill

Mt. Arkel

Takhini River&

Takhini Lake

Hendon River Primrose River

Mt. Foster

Gladstone River

British Columbia

S L I M S

Horseshoe

LakeJenny

RI V

ER

K E

Christmas

Bay

Bay

CAFNCAFN

CAFNKLUANE LAKE AREA

0 5 102.5Km

Harvesting Rights MapChampagne & Aishihik

TRADITIONAL TERRITORY

0 10 205

Kilometers

Yukon Albers Projection, NAD83

Albert Creek

Schist Creek

Buffalo Mountain

DATA DISCLAIMER: No warranty is made by Champagne and Aishihik First Nation regarding data accuracy or completeness. Accuracy is limited to the scale, resolution,and date of source data. This document is for reference purpose only and is not intended for navigation, publication, copy, or distribution. November 2012 (v2).

±Nisling River

Slims River

Victoria CreekandEddie Isaac Cabin

Ibex Firehall

Alaska/US

HainesHaines Junction Junction

CanyonCanyon

Pleasant CampPleasant Camp

Yukon Territory

Haines Highway

Mount Prinsep

Primrose Mountain

HighwayAlaska

Aishihik Road

North Klondike H

ighway

KlukshuKlukshu

SilverSilverCityCity

ChampagneChampagne MendenhallMendenhall

TakhiniTakhini

AishihikAishihikVillageVillage

S h a w s h eS h a w s h e

No Harvest

Zone

Slims R

iver

¯

Kluane NationalPark

Silver City

No Harvest ZoneKluane National

Park

Braeburn Lake

Vulcan Creek

Vulcan Mountain

Sheep

Creek

Lost Cach

e Creek

Christmas Bay

D

Little Salmon / Carm

acks FN TT Boundary

Kwanlin Dun FN TT Boundary

Ta'an Kwach'an FN TT Boundary

Carcross Tagish FN TT Boundary

Klua

ne F

N / W

hite

Riv

er F

N TT

Bou

ndar

y

CTFN R-55B

CAFN R-19B

Kloo LakeKloo Lake

Cree

k

Incised Creek

Kirkland Creek

Long Lake

Nord

ensk

iold

Riv

er

Klusha

Creek

Aishihik Lake

Sekulmun Lake

Canyon LakeAi

shih

ik R

iver

Otter Falls

MoraineLake

TayeLake

Hutshi

Lakes

Dezadeash River

Takhini RiverIbex Valley

JojoLake

Kusawa

LakeFrederick Lake

Dezadeash Lake

Kathleen Lake

Rose Lake

Primrose River

Pine L.

Bates Lake

Mush Lake

Alse

kRi

ver

Kaskawulsh R.

GladstoneLakes

Isaac Creek

Stephens Lake

Jarvis R

.

Kluane Lake

Kluane Wildlife Sanctuary

Kluane Wildlife Sanctuary

Kluane National Park

Tatshenshini Alsek Park

Tatsh

enshini River

Kelsall Lake

West Aishihik R.

BearLakes

Ittlemit L

McKinley Creek

4th July Creek

Marshall Creek

Gladstone River

Polecat Lake

Mackin

tosh

Yukon BoundaryCAFN Traditional TerritoryCAFN Settlement Lands

ParksWildlife SanctuaryNational/ Provincial Parks

Road NetworkLimited-use roadTrailRoadWater

Legend

Three Guardsman

Duff Lake