South Western Nova Scotia
Total Page:16
File Type:pdf, Size:1020Kb
Netukulimk of Aquatic Natural Life “The N.C.N.S. Netukulimkewe’l Commission is the Natural Life Management Authority for the Large Community of Mi’kmaq /Aboriginal Peoples who continue to reside on Traditional Mi’Kmaq Territory in Nova Scotia undisplaced to Indian Act Reserves” P.O. Box 1320, Truro, N.S., B2N 5N2 Tel: 902-895-7050 Toll Free: 1-877-565-1752 2 Netukulimk of Aquatic Natural Life N.C.N.S. Netukulimkewe’l Commission Table of Contents: Page(s) The 1986 Proclamation by our late Mi’kmaq Grand Chief 4 The 1994 Commendation to all A.T.R.A. Netukli’tite’wk (Harvesters) 5 A Message From the N.C.N.S. Netukulimkewe’l Commission 6 Our Collective Rights Proclamation 7 A.T.R.A. Netukli’tite’wk (Harvester) Duties and Responsibilities 8-12 SCHEDULE I Responsible Netukulimkewe’l (Harvesting) Methods and Equipment 16 Dangers of Illegal Harvesting- Enjoy Safe Shellfish 17-19 Anglers Guide to Fishes Of Nova Scotia 20-21 SCHEDULE II Specific Species Exceptions 22 Mntmu’k, Saqskale’s, E’s and Nkata’laq (Oysters, Scallops, Clams and Mussels) 22 Maqtewe’kji’ka’w (Small Mouth Black Bass) 23 Elapaqnte’mat Ji’ka’w (Striped Bass) 24 Atoqwa’su (Trout), all types 25 Landlocked Plamu (Landlocked Salmon) 26 WenjiWape’k Mime’j (Atlantic Whitefish) 26 Lake Whitefish 26 Jakej (Lobster) 27 Other Species 33 Atlantic Plamu (Salmon) 34 Atlantic Plamu (Salmon) Netukulimk (Harvest) Zones, Seasons and Recommended Netukulimk (Harvest) Amounts: 55 SCHEDULE III Winter Lake Netukulimkewe’l (Harvesting) 56-62 Fishing and Water Safety 63 Protecting Our Community’s Aboriginal and Treaty Rights-Community 66-70 Dispositions and Appeals Regional Netukulimkewe’l Advisory Councils (R.N.A.C.’s) 74-75 Description of the 2018 N.C.N.S. Netukulimkewe’l Commission 77 Aquatic Natural Life Harvest Tags Every Fish Matters 78 1 3 Netukulimk of Aquatic Natural Life “The 1986 Proclamation by our Mi’kmaq Grand Chief - Donald Marshall Sr. of OurMi’kmaq Grand Council for “Netukulimk” “Until the Mi’kmaq people can come to some agreement with Canada and Nova Scotia on changes to their legislation and regulations, it will be necessary to adopt some interim Netukulimkewe’l of our own - both for our own protection and the protection of the animals and fish which form part of our inheritance from the Creator. The Treaty of 1752 belongs to all the Mi’kmaq, and we must all work together to keep it strong. We therefore call upon all Mi’kmaq to understand and respect the following guidelines for the treaty right to Netukulimk under the 1752 Treaty. These Guidelines are without prejudice to the Aboriginal and Treaty Rights of the Mi’kmaq people and are interim guidelines.” Donald Marshall TanelMa’sl, Kji-saqmawwjitMi’kmaq October 1986 4 N.C.N.S. Netukulimkewe’l Commission “The 1994 Commendation to all A.T.R.A. Netukli’tite’wk of the N.C.N.S. Netukulimkewe’l Commission by the Mi’kmaq Grand Chief – Pasimay Silipay of our Mi’kmaq Grand Council” “I call upon Mi’kmaq Aboriginal Netukli’tite’wk to keep our forefathers traditions, practices and agreements strong for our children, as they did for their children and you today. I commend the Netukulimkewe’l Commission for promoting the concept of Netukulimk and for instituting the Netukulimkewe’l Aquatic Natural Life Guidelines and the Netukulimkewe’l Land Based and Fowl Natural Life Guidelines established under authority of Article #7 of the Netukulimkewe’l WjitPe’l Nike’ for Mi’kmaq Aboriginal citizens who will exercise Netukulimk throughout the traditional Mi’kmaq territory on lands and waters in and around Mi’kma’ki (Nova Scotia). I urge these Netukli’tite’wk to follow these guidelines to keep our Treaties, Practices, and Customs strong for us today, for our children, and their children in the future and to promote Peace and Friendship with all those who share our land, waters and natural life with us.” Dated this 2nd day of April, 1994 Pasimay Silipay Kji-saqmawwjit Mi’kmaq 5 Netukulimk of Aquatic Natural Life “A Message From the N.C.N.S. Netukulimkewe’l Commission Commissioner” “Our community of Mi’kmaq/Aboriginal Peoples continuing to reside on our traditional ancestral homelands of Mi’kma’ki in the province of Nova Scotia, have every good reason to be proud of our natural life management authority the N.C.N.S. Netukulimkewe’l Commission, and our Community A.T.R.A. Netukli’tite’wk (Harvesters). Working together with respect and responsibility for our living environment now and for future generations, we continue to honor the Proclamation for Netukulimk issued in 1986 by our Mi’kmaq Grand Chief. With the renewal of our co-management relationship with the Government of Canada, our Community and A.T.R.A. Netukli’tite’wk (Harvesters) clearly demonstrate our capacity to govern our own affairs through our natural life management institution the Netukulimkewe’l Commission. We continue to show how “community established guidelines and procedures” are implemented by the responsible harvesting practices of hundreds and hundreds of our registered A.T.R.A. Netukli’tite’wk throughout our traditional lands and waters in Nova Scotia. Our Community’s “Harvest Management Authority” and our “Community Harvest Guidelines” are now celebrating our 28th year since establishment. It is by duty, resolve and respect for our living environment, demonstrated by our Community as a whole and particularly by our Community Harvesters harvesting under these Community Harvest Guidelines, that we continue our access and harvesting of the natural life resources as provided by the Creator for our well being today and into the future. Each of us deserves to be proud of our Community’s accomplishments. I commend each A.T.R.A. Netukli’tite’wk (Harvester) for continuing to be both responsible in your harvesting activities and for encouraging others within our Community; who are thinking about exercising Aboriginal and or Treaty Rights, to do so through our Community Harvest Management Authority and through our Community Harvest Guidelines. Together we keep our Treaties and Rights strong, continuing our access to our natural life resources unhindered, and help keep our living environment thriving to equally benefit our future generations yet to come.” Wela’lin Tim Martin Commissioner, N.C.N.S. Netukulimkewe’l Commission 6 Netukulimk of Aquatic Natural Life N.C.N.S. Netukulimkewe’l Commission “A Message From the N.C.N.S. “Our Collective Rights” Netukulimkewe’l Commission Commissioner” “Our community of Mi’kmaq/Aboriginal Peoples continuing to reside on our traditional The Governments in Canada have come to recognize that the Mi’kmaq ancestral homelands of Mi’kma’ki in the province of Nova Scotia, have every good reason Aboriginal peoples of Canada and more particularly those in Atlantic Canada to be proud of our natural life management authority the N.C.N.S. Netukulimkewe’l Commission, and our Community A.T.R.A. Netukli’tite’wk (Harvesters). have Aboriginal and Treaty Rights and Other Rights which are protected under the Canadian Constitution Act 1982. Working together with respect and responsibility for our living environment now and for future generations, we continue to honor the Proclamation for Netukulimk issued in 1986 by THE COURTS of this land have affirmed these rights, as existing rights. In our Mi’kmaq Grand Chief. With the renewal of our co-management relationship with the November 1985, THE SUPREME COURT OF CANADA, in the decision of Government of Canada, our Community and A.T.R.A. Netukli’tite’wk (Harvesters) clearly Simon vs. the Queen, affirmed that the Treaty of 1752 is a valid treaty still in demonstrate our capacity to govern our own affairs through our natural life management institution the Netukulimkewe’l Commission. We continue to show how “community force and that among other rights contained in the treaty, the right to the free established guidelines and procedures” are implemented by the responsible harvesting liberty of Netukulimk as usual, is a treaty right which cannot be restricted by practices of hundreds and hundreds of our registered A.T.R.A. Netukli’tite’wk throughout Federal and/or Provincial legislation or regulation. our traditional lands and waters in Nova Scotia. THE SUPREME COURT OF NOVA SCOTIA, APPEAL DIVISION in Our Community’s “Harvest Management Authority” and our “Community Harvest DENNY et al vs. the Queen, has recognized and affirmed that Mi’kmaq have Guidelines” are now celebrating our 28th year since establishment. It is by duty, resolve and respect for our living environment, demonstrated by our Community as a whole and an Aboriginal right to fish for themselves, their families and community in particularly by our Community Harvesters harvesting under these Community Harvest waters outside of Indian reserves. Guidelines, that we continue our access and harvesting of the natural life resources as provided by the Creator for our well being today and into the future. THE SUPREME COURT OF CANADA, in Sparrow vs. the Queen, held that an Aboriginal subsistence fishery constitutes an Aboriginal right protected by Each of us deserves to be proud of our Community’s accomplishments. I commend each the Canadian Constitution Act of 1982. An Aboriginal fishery is A.T.R.A. Netukli’tite’wk (Harvester) for continuing to be both responsible in your harvesting activities and for encouraging others within our Community; who are thinking constitutionally entitled to priority over other interest groups, subject only to about exercising Aboriginal and or Treaty Rights, to do so through our Community Harvest vital conservation measures developed after detailed and complete Management Authority and through our Community Harvest Guidelines. Together we keep consultation. our Treaties and Rights strong, continuing our access to our natural life resources unhindered, and help keep our living environment thriving to equally benefit our future Community Harvest Guidelines are necessary to resolve problems that arise generations yet to come.” regarding conservation of the fishery.