Introduction
On behalf of the Haíɫzaqv Nation, the Yím̓ás (the Haíɫzaqv hereditary chiefs) and the Haíɫzaqv Tribal Council (HTC) thanks you for reviewing and respecting our Haíɫzaqv food fish policy.
“We are the natives of this Country and we want all we can get. We feel that we own the whole of this country, every bit of it, and ought to have something to say about it. The Government have not bought any land from us so far as we know and we are simply lending this land to the Government. We own it all. We will never change our minds in that respect, and after we are dead our children will still hold on to the same ideas.”- Bob Anderson, 1913.
Since time immemorial, the Haíɫzaqv have relied on their relationship with their land and water, and everything in/on it, for their existence. We will continue to manage all Haíɫzaqv seas, lands and resources according to customary laws, traditional knowledge, and núyṃ́ (oral tradition) handed down by our ancestors, with consideration of the most current available scientific information.
The Haíɫzaqv Nation supports sustainable food fishing by Haíɫzaqv Nation members within all our Territory (see Appendix A for map of Territory).
We declare that all Haíɫzaqv food fishers comply with the contents of this Policy.
Purpose
This Policy is intended to guide the Haíɫzaqv Nation in sustainably managing all Haíɫzaqv food fisheries in our Territory. This Policy will provide clear and consistent direction on the regulation, harvest, transportation and enforcement of Ǧvi̓ḷás with respect to all Haíɫzaqv food fisheries. This policy will protect, enhance and enforce the food fishing rights of the Haíɫzaqv Nation, including the rights established in the 1996 Supreme Court, Gladstone decision.
Haíɫzaqv Authority
The Haíɫzaqv Nation has the authority to manage and enforce its own law over all food fisheries in Haíɫzaqv Territory.
The Haíɫzaqv Integrated Resource Management Department (HIRMD) is the delegated authority to manage the food fishing of all species on behalf of the Haíɫzaqv Nation.
Under the HIRMD aquatics department, a Haíɫzaqv Food Fish Committee will oversee the implementation of this policy. The Committee is comprised of representatives from the Haíɫzaqv Hereditary Chief’s, HTC Marine portfolio holders, Haíɫzaqv Elders and Haíɫzaqv Youth and Community.
All management of FSC species is done in accordance with the Haíɫzaqv values of respect, reciprocity, generosity, responsibility, balance, and well-being.
Permitting & Reporting Requirements
HIRMD has the authority to permit or designate an individual to fish. All permits are personal and non-transferable.
All Haíɫzaqv band members are required to obtain a permit prior to harvesting FSC resources and it is the responsibility of the permit holder to fully understand the provisions and limitations of the permit. Permits must be held in possession and produced upon request by a Haíɫzaqv monitor. All permits are valid for one (1) year and expire on February 28th of every year.
Special permits can be issued to non-Haíɫzaqv members who are married into the tribe, but the Haíɫzaqv band member must be on the vessel when harvesting takes place.
Dual fishing is the ability to fish for FSC purposes while under any other licence. A dual fishing permit must be obtained by the vessel master prior to the start of any fishing. The permit explicitly states species sought, permit length, the Nation’s FSC communal number and any restrictions deemed necessary by the Haíɫzaqv food fish committee. The dual fishing permit is always required to be on board the vessel and reproduced when requested.
Every permit holder must record and report all FSC catch on or before the last day of each month to the HIRMD. Information must include, species, gear type, effort and areas fished.
FSC Species Specific Requirements
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Miá- Salmon
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Only half-length gillnets (600 feet) are permitted to be used within a 2-mile radius of the mouth of a river and fishing inside boundary markers is not permitted
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Gillnets must never be left unattended or anchored
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Salmon seine nets are not permitted within a 2-mile radius of the mouth of a river
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It is mandatory to report all clipped/marked fish to the HIRMD
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K̓ínákv-Dungeness Crab
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All traps/floats must be marked with your name, Heiltsuk Nation, phone number and band number.
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Traps are not permitted to be set for longer for more than 12-14 days
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Side holes in the traps must be kept open to allow smaller crabs to escape
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No females are permitted to be kept or killed
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No males under 165 mm are permitted to be kept
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HIMRD-established closures must be followed by all fishers
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Dáxduális- Prawn
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All traps/floats must be marked with your name, Heiltsuk Nation, phone number and band number.
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Traps are not permitted to be set for longer for more than 24 hrs/set[WH1] .
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If hydraulic gear (ie. Pullers or drums) are used, it must be included in the catch report back to the HIRMD office.
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Wán̓ái- Herring/Herring Eggs
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All buoys on gear must be marked with your name, Heiltsuk Nation, phone number and band number.
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At the end of the season all rope, buoys and other gear must be removed from the water.
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Hunting of seals, sealions, deer etc. is not permitted in herring spawning areas during the herring spawning season.
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All vessels are required to idol when within 1 mile of the herring spawn areas and must paddle the vessel where possible to reduce engine noise.
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There is no kill fishery for any purpose or of any magnitude permitted unless otherwise indicated by HIRMD
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P̓uái- Halibut, λák̓álá-cod & Mágḷís- groundfish
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All floats must be marked with your name, Heiltsuk Nation, phone number and band number.
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Long-line sets are not permitted to be set for longer than 24hrs/set.
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Rockfish Conservation Areas (RCA’s) are to be avoided if possible, to allow for the rebuilding of rockfish stocks in those areas (See map in appendix B).
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Ǧaɫǧṇ̓iq̓- Abalone
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Harvest of abalone can be by handpicking only; dive harvests are not permitted. However, at the present time abalone harvesting is prohibited until abalone biomass is at a sustainable level appropriate for harvest.
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Záxvṇ- Eulachon
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There is no harvesting of eulachon in Haíɫzaqv Territory until the HIRMD deems that there is a sustainable biomass of eulachon.
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C̓íkva- Clams & other shellfish
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For safety purposes, harvesting of clams or other shellfish (ex. Muscles, barnacles, scallops etc.) is prohibited during high levels of PSP. HIRMD will notify the community during these events of high PSP.
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Judgement must be used by the harvester to ensure that sustainable stocks are left behind after a harvest (ie. Not harvesting everything that is available from an individual site).
FSC Species Specific Requirements Enforcement and Violation Requirements
Under Haíɫzaqv law, the HIRMD has the authority to enforce violations and penalties to Haíɫzaqv members who are in violation of the rules and regulations set out in this policy.
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All violations must be supported with photographs and records in a bound logbook. Violations must be reported to the HIRMD Aquatics Manager immediately.
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Violations include but are not limited to, fishing in an un-authorized area (ie. Inside boundaries), fishing in an area that has been declared closed by the HIRMD, fishing with illegal gear, fishing without a permit.
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Violation of FSC policies will evoke the following actions: i) written warning, ii) Confiscation of fishing gear, iii) Restriction on acquiring future FSC permit
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Violations do not reset on an annual basis
1. List of possible violations in addition to those listed in the species-specific requirements above:
- Selling of food fish outside of the community;
- Not obtaining a transport permit required to transport resources out of Haíɫzaqv Territory;
- Transferring (or sharing) of transport permits.
2. Penalties
When violations of the Haíɫzaqv food fish policies occur, the following circumstances will be carried out:
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The violator will be contacted by a designated member of the Haíɫzaqv food fish committee and the violation will be discussed in person.
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The Haíɫzaqv food fish committee will meet to discuss the violation and based on their discretion, proceed to points iii to v.
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Catch will be confiscated and distributed according to the communal distribution requirements outlined in this policy
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Fishing privileges will be revoked (no permits issued to the individual(s)) for one calendar year from the date of the violation. This ruling will be at the discretion of the Haíɫzaqv food fish committee supported by the HTC and the Haíɫzaqv Hereditary Chiefs.
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Gear will be confiscated for all repeat offenders.
Communal Distribution Requirements
Communal distribution is when FSC resources are harvested to distribute to band members residing in Bella Bella. Consistent with the Haíɫzaqv Marine Use Plan, communal distribution will follow the following order of priority:
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Elders (65 years and older)
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Haíɫzaqv members with disabilities
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Single mothers
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Families with no access (ie. Boats, gear etc.)
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Single People
Nation to Nation Protocol Requirements
Agreements between tribes to access FSC resources has occurred for thousands of years. With increased pressure on all FSC resources and a significant decrease in abundance, agreements need to be formal and closely monitored. The following conditions must be followed when creating a protocol with another Nation:
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There must be good relations between the two tribes;
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The FSC resource being agreed upon must be abundant;
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Time limits and quantity for access must be identified in the agreement;
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All protocols are valid for a maximum of one (1) year;
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All FSC catch data must be shared with the HIRMD within 48 hours once the fishery is complete.
A living Policy
This Policy is a living policy - it will be implemented and used actively by the Haíɫzaqv Nation, and it will be kept up to date. Implementation and use of this Policy will be led by HIRMD and the Haíɫzaqv Food Fish Committee. HIRMD will also engage and coordinate with other bodies and departments of the Haíɫzaqv Nation as needed (including Hemas, HTC, Municipal Department, Social Development, Justice Department, Administration, and others from time to time).
This Policy will be reviewed periodically by HIRMD, alongside reviews of related plans, policies and procedures. This review will be aimed at identifying needed updates and potential improvements.
Appendix A – Haíɫzaqv Territory
Appendix B – Rock Fish Conservation Areas in Haíɫzaqv Territory