Planning for hunting season already?
If you’re like me, you should be planning for the upcoming fall season. Especially if it involves leaving Tsawout Traditional Territories.
Do you know your first nations hunting rights to keep you safe and protected outside of our Tsawout First Nations Territory?
If the answer is No or Maybe, here is what you should know before you go out.
- Season Openings for specific species
- Bag limits
- Animal identification, sex of animal and size/ point restrictions.
- Does what I’m hunting for require a Limited Entry Tag?
- Is my weapon of choice a appropriate for what and when I’m hunting?
- Should I seek permission from land holders or neighbouring nations?
- How does my First Nations Status protect me and my rights?
All this important information can be found here:
First Nations members in British Columbia may harvest wildlife for food, social, or ceremonial purposes on their traditional territories without adhering to provincial regulations like open seasons, gear restrictions, or bag limits. However, First Nations’ harvesting rights are still subject to conservation, public health, and public safety. Provinces are working with First Nations to co-manage wildlife and integrate Indigenous knowledge into decisions under the Wildlife Act.
Traditional Territories:
Harvesting rights for First Nations are typically exercised on their band’s traditional territory. If not you should have written permission.
Exemptions from Regulations:
Unlike licensed hunters, First Nations members with Registered Indian status are exempt from most provincial hunting regulations, including hunting season dates, bag limits, and gear restrictions.
Purpose of Harvesting:
The right to hunt is for food, social, or ceremonial purposes.
Conservation and Safety:
Despite the exemptions, First Nations must still abide by regulations related to conservation, public health, and public safety.
Provincial Collaboration:
The Province of British Columbia is working to implement legislation amendments that support reconciliation by incorporating Indigenous knowledge and fostering collaboration on wildlife stewardship, with the goal of eventual co-management.
Status and Rights:
To ensure harvesting rights are recognized, it’s recommended that Indigenous people carry their status card when hunting. Non-status Indigenous people may not have the same rights and could be charged for hunting without a license, as recognized by the province’s regulations.
To Learn More:
Visit the Wildlife Act Indigenous Amendments page for detailed information on the Wildlife Act and its relationship with Indigenous peoples. https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96488_01
Or here is some snipped wording from Sections 70.1 and 70.2 of the Wildlife Act in respect to Sheltering Letters from neighbouring nations:
Sheltering agreements
70.1 (1)In this section and section 70.2:
“guest” means a member of a first nation who, under a sheltering agreement, hunts in the traditional territory of the host first nation;
“host first nation” means the first nation whose governing body enters into a sheltering agreement under subsection (2) of this section;
“sheltering agreement” means an agreement referred to in subsection (2) of this section.
(2)The minister and the governing body of a first nation may enter into an agreement respecting hunting in the traditional territory of that first nation by members of other first nations.
(3)A sheltering agreement may include parties in addition to those referred to in subsection (2), including the governing body of the first nation of which a guest is a member.
Authorizations in relation to hunting under sheltering agreements
70.2 (1)Subject to subsection (2) and without limiting the matters that may be addressed in a sheltering agreement, a sheltering agreement may include provisions that do one or more of the following:
(a)in respect of hunting in the traditional territory of the host first nation, authorize a guest to
(i)do anything that is prohibited under this Act, or
(ii)omit to do anything that is required to be done under this Act;
(b)set out conditions or limits that a guest must comply with in relation to an authority provided for under paragraph (a).
(2)A provision included in a sheltering agreement under subsection (1) is not effective unless the Lieutenant Governor in Council, by regulation, approves the provision.
(3)Despite any other provision of this Act or the regulations, a guest who acts in accordance with the provisions included in a sheltering agreement under subsection (1) has the authority provided for under subsection (1) (a).
BC hunting regulations
Page 6 in the synopsis states as follows:
2024-2026 B.C. Hunting and Trapping Regulations Synopsis
ABORIGINAL HUNTING
The Ministry of Water, Land, and Resource Stewardships’ top priority for wildlife management is to ensure the long-term conservation of wildlife populations and their habitats. The Ministry recognizes that First Nations play an important role in wildlife stewardship and may have or establish Aboriginal or treaty rights protected by section 35(2) of the Constitution Act, 1982, including rights to harvest wildlife for food, social and ceremonial purposes in their traditional territories. The Ministry also recognizes that First Nations may have traditional governance structures, protocols, laws and customs that manage their members. The Ministry continues to work collaboratively with First Nations and stakeholders to manage hunting for the effective stewardship of wildlife within the province. Harvesting wildlife under Aboriginal and treaty rights must be sustainable and harvesting methods must not jeopardize safety or the use and enjoyment of property. Any hunting of wildlife for sale or barter, in whole or in part, is not legal, except as authorized by regulation or where there is a demonstrated Aboriginal or treaty right to do so. Persons registered under the Indian Act
(Canada) residing in British Columbia are not required to have a hunting licence or species licences, although they are required to have a federal Firearms Licence and comply with hunting regulations related to public health, public safety, and conservation. In situations where conservation of a particular wildlife population is of concern and compliance with hunting regulations is required by individuals exercising Aboriginal or treaty rights – which may include the requirement for Limited Entry Hunting (LEH) authorizations – there will be prior consultation with the affected First Nations in accordance with Ministry policy and procedures. If a First Nation member is in doubt regarding a traditional hunting area or practice, or regulations that may apply, they can contact the appropriate First Nation’s officials and the Ministry regional office to discuss specific situations. First Nation members who wish to hunt outside their traditional territory or treaty areas must comply with the Hunting Regulations which can be found in both the LEH and Hunting and Trapping Regulation Synopses (except for the licensing exemption described above). This includes making application for an LEH authorization via the LEH draw. A Fish and Wildlife ID with active BC resident credential in addition to either a hunting credential or a licence exemption WA S.11(9) credential is required to submit an application for LEH. To enter the LEH draw, persons residing in B.C. registered under the Indian Act (Canada) may create a Fish and Wildlife ID and be granted BC resident and licence exemption WA S.11(9) credentials upon proving status and residency. Proof of status includes a Secure Certificate of Indian Status issued by the Government of Canada, a Temporary Confirmation of Registration Document (TCRD) or a letter from the Band Office or First Nation
Government confirming status. LEH fees apply. The B.C. Government is responsible for balancing hunting opportunities for all British Columbians, while managing for conservation and ensuring adequate priority is accorded to First Nations’ harvest for food, social and ceremonial purposes within their traditionally used and treaty areas. First Nations may take responsibility for managing their members’ harvest. The Province encourages mutual courtesy and respect between Indigenous and non-Indigenous hunters.
