Nipissing First Nation Booklet v4
- 1. Fisheries Update A Guide to Nipissing First Nation Fishing Regulations and our Working Relationship with the Ministry of Natural Resources and Forestry
- 2. Fisheries Update Nipissing First Nation (NFN) and the Ministry of Natural Resources and Forestry (MNRF) are working together to develop an open and transparent fisheries sustainability plan that supports the recovery of the walleye population. We want to achieve a healthy and sustainable fishery for current and future generations, without affecting our ability to practice our rights responsibly. New Regulations..................................................................................1 Memorandum of Understanding........................................................2 NFN’s Priority Position........................................................................3 MOU Capabilities.................................................................................3 MOU Restrictions.................................................................................3 How Did We Get Here?.......................................................................4 Principles of Sustainability, Community and Collective Rights.........4 How Will We Work Together?.............................................................5 Data Exchange and Harvest Reporting.....................................5 Assessment and Monitoring......................................................5 Education and Outreach............................................................5 Training and Technical Support.................................................5 Compliance and Enforcement.............................................................6 Compliance Inspections.......................................................................6 Process Flow for Violations.................................................................7 Non-Compliance Registered NFN Commercial Fishers............7 Non-Registered NFN Fishers.....................................................8 Fisheries Law, Compliance Conference, Justice Circle (CC/JC)................................................................8 Nipissing Gichi-Naaknigewin (Constitution) Part 8 – Preservation of Core Social Values Part 17.1 – Environment & Natural Resources
- 3. Page 1Fisheries Update New Regulations Chief and Council approved the following commercial fishing regulation changes in the spring of 2015, based on recommendations made by the community at consultation meetings in the fall of 2014. The following regulations remain in effect for the 2016 season: • Spring moratorium on gill netting until May 15th; • Moratorium on the cultural practice of spear fishing (a temporary prohibition); • Registration – April 18 - Garden Village, Natural Resource building, 6-8 pm, April 19 - Nbisiing High School, 6-8 pm; • Number of nets permitted reduced from 5 to 3 per fisher; • Allowable net size changed to a minimum of 3.75” (from 3.5”); Free net exchange available at the Fisheries Office. Season will be closed when target number is reached, decided by Council based on monthly catch reports provided by NFN’s Natural Resources Department. Fishing permits can be obtained from NFN’s Natural Resources Department. Importance of following the new regulations It’s time to help recover the fishery. NFN is working hard to demonstrate leadership on this issue and needs the support of our members. NFN’s hatchery will be launched this year to add to the education and management of the fishery. We need to boost the success rate of the spawn and ensure the long-term growth and sustainability of the fishery and Lake Nipissing. Teamwork between NFN and MNRF will work best with the cooperation of our Members. The walleye population is severely stressed, and we need to nurture the recovery of the population to ensure long-term sustainability. Our rights are collective in nature and are dependent on our continued existence as a strong nation of people. They are not bestowed on each of us individually.
- 4. Page 2 Fisheries Update Memorandum of Understanding The Memorandum of Understanding was signed in March 2016 to establish a new relationship between Nipissing First Nation (NFN) and the Ministry of Natural Resources and Forestry (MNRF) to assist in implementing NFN Fisheries Law with respect to Commercial Fishing on Lake Nipissing. NFN and MNRF formed a shared goal of ensuring the sustainable management of the Lake Nipissing fisheries, and the recovery of the walleye population. Working collaboratively with the MNRF to manage the lake will support the implementation of NFN’s Fisheries Law and management initiatives for the benefit of our members, and ultimately the recovery of the walleye population. About the MOU • Marks a bold step forward for NFN in asserting our leadership in fisheries management and jurisdiction by enhancing our ability to enforce our Fisheries Law. • Expresses clear common sustainability goals and objectives from NFN and MNRF. • NFN’s Fisheries Management Plan is supported by the MNRF through the MOU. NFN’s Fisheries Law and Chi-Naaknigewin are recognized by the Government of Ontario, which is a first for this province and a new approach towards fisheries management and government-to- government relationship building.
- 5. Page 3Fisheries Update Nipissing First Nation Priority Position as Stewards of Lake Nipissing The MOU will: • Uphold our values and principles of sustainability as reflected in our Chi-Naaknigewin, as a top priority. • See MNRF support the full and successful implementation of the NFN Fisheries Law by providing financial and technical resources to NFN (for staffing, technical capacity, training and operating costs related to assessment and monitoring). • Strengthen our priority position as stewards of Lake Nipissing. • Protect our jurisdiction by cooperatively agreeing on compliance and enforcement action, with NFN having the lead responsibility. • Protect Compliant Commercial Fishers and community rights to fish for food, subsistence, social and ceremonial purpose. The MOU will not: • Be legally binding – which means NFN can withdraw at any time with notice if it is not assisting us to meet our objectives. • Revoke or diminish the protection provided through existing Treaty Rights. • Degradate or derogate our Treaty Rights. • Impact subsistence or ceremonial fishing needs. • The MOU is not an Aboriginal Communal Fishing License (ACFL).
- 6. Page 4 Fisheries Update How Did We Get Here? NFN has been in discussions with the MNRF to discuss how we can cooperatively manage the fishery and implement NFN’s Fisheries Law and Management Plans. NFN has made significant efforts to address the stressed nature of the fishery, but has struggled with the implementation and enforcement of our Fisheries Law. Issues of non-compliance around spring/fall moratoriums and commercial fishing regulations have been especially challenging due to our current lack of enforcement capacity. In August 2015, Chief and Council closed the commercial fishery early in order to deal with data showing that the walleye fishery in Lake Nipissing is severely stressed and that NFN had exceeded safe harvest levels. Principles of Sustainability, Community and Collective Rights • NFN will play a fundamental role in the health and recovery of the Lake Nipissing fishery, while assuring the collective rights of the Nipissing people. • The MOU enables the delivery of resources to support our initiatives, while establishing firm protocols that prevent the MNRF from acting without our knowledge and consent. The MOU in no way revokes our treaty rights, but rather reaffirms them. • NFN and MNRF will work together to increase and maintain sustainable fish populations and promote, encourage, and monitor, safe and responsible fishing activities. PHOTO:A/OFRC
- 7. Page 5Fisheries Update How Will We Work Together? Any NFN procedure related to the MOU will be a reflection of NFN’s Fisheries Law, and any applicable legislation developed by NFN. MNRF will provide training, financial and technical support to assist NFN efforts, and both parties will collaborate on the following: Data Exchange and Harvest Reporting • Walleye harvest data will be shared by both parties to support informed decision-making by NFN for an annual safe commercial walleye harvest level. • Harvest of other species will be explored collaboratively to determine a safe commercial harvest of whitefish, or other species, by NFN. Assessment and Monitoring We will continue spawning assessment work and the Fall Walleye Index Netting (FWIN) project and will meet annually to develop joint work plans, budgets, and to agree on emerging fisheries assessment priorities. Education and Outreach • NFN’s hatchery will be fully operational this year to add to the education and management of the fishery. • NFN and MNRF will jointly develop promotional and education materials to promote the health and sustainability of Lake Nipissing, including sharing information and receiving feedback from other users of Lake Nipissing (i.e. Lake Nipissing Summit). Training and Technical Support • NFN will provide cultural and historical learning opportunities for MNRF staff related directly to the history and relationship of the Nipissing people to Lake Nipissing, and orientation to the NFN Fisheries Law. • MNRF will provide training, financial and technical support to assist NFN efforts to complete a variety of fisheries management and assessment needs. PHOTO:A/OFRC
- 8. Page 6 Fisheries Update Compliance and Enforcement NFN has the lead responsibility for compliance and enforcement related to its members. Compliance and enforcement are critical to the sustainability of the fishery. NFN and the MNRF both have roles and responsibilities within their separate jurisdictions. Commercial Fishing by NFN will be done in accordance with the NFN Fisheries Law, which has comprehensive provisions related to commercial fishing practices, the requirements of commercial fishers and the enforcement of fishing regulations. We have a responsibility to our compliant fishermen to uphold the standards and obligations set out in NFN’s Fisheries Law for all NFN members. Compliance Inspections NFN will be leading patrols in partnership with MNRF conservation officers, which means that we will undertake some joint patrols. • Make sure you always have ID. Please be courteous and allow inspections. • When you are approached by NFN, or joint patrol, cooperation is required—we want to work with our members to achieve compliance with our Fisheries Law. • Uncooperative participants may be referred to the MNRF using a Chief’s Authorization Form and a completed Evidence Form. The MNRF will follow the Interim Enforcement Policy and has 90 days to report back to NFN on referred charges. • We will also be monitoring for compliance by conducting inspections related to Fish, Equipment and Boats, as well as Alcohol, Drugs and Firearms.
- 9. Page 7Fisheries Update Process Flow for Violations Non-Compliant Registered NFN Commercial Fishers While we are thankful for those who register and follow NFN processes, a small number of those who fail to follow the guidelines as set out in the NFN Fisheries Law, will be subject to processes outlined in NFN’s Gichi-Naaknigewin. Those who choose not to follow NFN’s Fisheries Law may be referred to the MNRF for investigation and/or enforcement through mainstream mechanisms. This does not mean unilateral action by the MNRF, but they are working with us to help implement our Fisheries Law. If NFN observes non-compliance with the NFN Fisheries Law, NFN will take appropriate action according to its Law and engage its Compliance Conference and/or Justice Circle (CC/JC) as appropriate. If a registered commercial fisher fails to participate or comply with the outcome of the CC/JC, NFN may refer the infraction to the MNRF to take appropriate action under the MNRF Interim Enforcement Policy. If the MNRF observes non-compliance with the NFN Fisheries Law, the MNRF will notify NFN. NFN will take appropriate action according to its Law and engage its Compliance Conference and/ or Justice Circle (CC/JC) as appropriate. If the registered commercial fisher fails to participate or comply with the outcome of the CC/JC, NFN may refer the infraction back to the MNRF to take appropriate action under the MNRF Interim Enforcement Policy. Attempts to address issue through discussion with fisher NFN identifies issue If fisher fails to comply or participate in CC/JC, NFN can transfer matter to MNRF for follow up Notifies NFNMNRF identifies issue NFN determines whether matter will be resolved internally or informs MNRF to follow up
- 10. Page 8 Fisheries Update Non-Registered NFN Fishers It is illegal and unconstitutional to partake in unregistered fishing. All sustenance and Commercial NFN member fishers are required to obtain and display a permit, buoy, marker or stake marked with “Nipissing First Nation.”. Registered fishers receive a tag unique to individual fishers. If NFN observes an NFN member who is not registered under the NFN Fisheries Law fishing for commercial purposes, NFN will take appropriate action according to its Law and engage its Compliance Conference and/or Justice Circle (CC/JC) as appropriate. If a non-registered fisher fails to participate or comply with the outcome of the CC/JC, NFN may refer the infraction to the MNRF to take appropriate action under the MNRF Interim Enforcement Policy. If the MNRF observes an NFN member who is not registered under the NFN Fisheries Law fishing for commercial purposes, the MNRF will notify NFN. NFN will take appropriate action according to its Law and engage its Compliance Conference and/or Justice Circle (CC/JC) as appropriate. If the NFN member fails to participate or comply with the outcome of the CC/JC, NFN may refer the infraction back to the MNRF to take appropriate action under the MNRF Interim Enforcement Policy. More information the MOU, NFN Fisheries Law, and/or the Compliance Conference and/or Justice Circle (CC/JC) can be found at www.nfn.ca.
- 11. Page 9Fisheries Update Nipissing Gichi-Naaknigewin Part 8 – Preservation of Core Social Values 8.1 The Nipissings are committed to: a. the preservation and maintenance of family unity; b. the protection of the value of freedom of religion and spirituality; and; c. the principles of sustainability and preservation of natural resources for generations to come balanced with interests of pursing economic advancement. 17.1 Environment & Natural Resources Nipissing First Nation has exclusive jurisdiction to make laws with respect to environmental protection of natural resources. These laws shall be in accordance with Nipissing First Nation cultural practices designed to sustain and maintain our lands, fish, forest, wildlife, water and air and our heritage for future generations.
- 12. Report Violations Anonymously 24/7 Phone: 705-471-1744 E-mail: NRtips@nfn.ca Text: 705-471-1744 Natural Resources Department 36 Semo Road Garden Village ON P2B 3K2 Phone: 705-753-2050 • Fax: 705-753-0207 Web: www.nfn.ca Nipissing First Nation Administration Nipissing_FN