Poaching Or Not?

[loviatt]

I was down at the St. Mary's river (all C+R for trout) a week ago. There was a native fellow with a 24 inch rainbow held on a v-shaped branch walking out of the hole that i was going to fish. I was a bit incensed, and thought about calling RAP, but then it dawned on me that he is an aboriginal canadian and may have different regs as such. Should I have called RAP on the guy, or is there a different rule-book for aboriginals? This is just a conservation issue, nothing more, so please withold any assumptions to the contrary. Thoughts?

[j5ep00]

Sportfishing by Indians

Indians do not need an Alberta Sportfishing Licence or WIN card for general sportfishing. All sportfishing regulations must be followed. Indians are persons registered as Indians under the Indian Act.

 

its poaching.

[newflyer]

its probably better to have called and been wrong than not called at all...?

[cheeler]

From the regs:

 

Sportfishing by Indians

Indians do not need an Alberta Sportfishing Licence or WIN card for general sportfishing. All sportfishing regulations must be followed. Indians are persons registered as Indians under the Indian Act.

[Taco]

what are the retention regs on st mary's? plus what side of the river was he on?

[cdock]

its poaching.

 

Agreed.

[j5ep00]

what are the retention regs on st mary's? plus what side of the river was he on?

 

St. Mary Reservoir

May 8 to Mar. 15 – Walleye limit 3 over 50 cm; Pike limit 3 over 63 cm; Lake Whitefish limit 10; Burbot limit 10.

Mar. 16 to May 7 – CLOSED

 

St. Mary River

upstream of St Mary Reservoir & tributaries except Lee Creek

June 16 to Aug. 31 – Trout limit 2; Cutthroat and Rainbow over 35 cm; Mountain Whitefish limit 5 over 30 cm; Pike limit 3 (no size limit); Bait Ban.

Sept. 1 to Oct. 31 – Trout and Mountain Whitefish limit 0; Pike limit 3 (no size limit); Bait Ban.

Nov. 1 to June 15 – CLOSED

downstream of St Mary Reservoir & tributaries

June 16 to Oct. 31- Trout limit 0; Mountain Whitefish limit 5 over 30 cm; Walleye limit 3 over 50 cm; Pike limit 3 over 63 cm; Maggots are the only bait allowed and only from Aug. 16 to Oct. 31.

Nov. 1 to June 15 – CLOSED

[Taco]

poachin', phone it in although if he was on the reserve side of the river it'll be a tough one

[AndyW]

A grizzly bear was recently killed west of Calgary on the reserve in a unit where there has never been a grizzly bear season. No charges laid as it was killed on a reservation by a native. You think a native that bonks a trout is even on the radar of SRD? The way I understand it this trout would be well within their sustenance rights.

 

If this upset you then don't travel to the coast salmon fishing in an area close to a settlement- Nets running across rivers and reefer trucks hauling their "sustenance" away.

[Harps]

A grizzly bear was recently killed west of Calgary on the reserve in a unit where there has never been a grizzly bear season. No charges laid as it was killed on a reservation by a native. You think a native that bonks a trout is even on the radar of SRD? The way I understand it this trout would be well within their sustenance rights.

 

If this upset you then don't travel to the coast salmon fishing in an area close to a settlement- Nets running across rivers and reefer trucks hauling their "sustenance" away.

 

 

A number of court cases have determined that native rights to hunting and fishing have to be tied to a practice/element/custom/tradition integeral to the distinctive culture of the people claiming rights in the area. (Although tribes here were nomadic, they may have had fishing areas).

 

Long point short...

The band on the St. Mary is Kainai... traditionaly using bison... I don't think rainbow trout were every used there... especially scince there were no trout in that river (there) before they built the dam.

 

If it was sportfishing... it was poaching. If it was domestic... well, the courts would have to decide if that incident was within the traditional rights.

 

While were are on the poaching topic....

Fish must not be removed from, or disturbed in, any facility or structure designed to capture, hold or facilitate the passage of fish. Fishing is prohibited by any method within 25 yards (22.86 m) of the lower entrance of any fishway, canal, obstacle or leap. Weirs and dams are considered obstacles.

NOTE: Fishways, fish ladders, impoundment nets, fish traps and other similar structures are set up to assist in the management or the study of fisheries, or to allow the passage of fish.

[npauls]

I have fished that river hundreds of times and every time I fish near houses on the reserve side there is always natives out with either fish on a stringer, stick, back of the truck, or are chucking bait. I have talked to both the fish and game and the natives. Fish and game said there is nothing they can really do since its part of their culture and the natives have said they can keep whatever they catch and do so on a regular basis. I don't think its right but I do try to ignore it now when i see it happening.

[Guest guito]

Natives have to follow the same regulations as everyone else. It doesn't matter if they are on the reserve side or not. I know Terry Clayton has recieved many complants over the last few years. This seems to be an increasing problem on many of the rivers and if you happen to see them breaking the rules report them.

[loviatt]

Thanks everybody for the responses. Sounds like a bit of an enforcement issue due to CO's not being terribly willing to pursue the issue, but I'll call it in in the future. And Taeke, it was on the west side of the river on the blood reserve below the dam.