In February of 2001, a tripartite process-the "Made in Nova Scotia" process-was initiated between government and native communities, preparatory to dealing with a broad range of aboriginal issues; among these is the task of sorting out the long-term ramifications of the Marshall decision. The federal government, the government of Nova Scotia and the Mi'kmaq leadership began work on a framework agreement which would guide them in negotiations on such subjects as aboriginal rights, title and treaty rights to land and resources, and self-government. After three years, that set of terms was finalized, and work on individual issues could begin.
High on the list is the development of a long-term co-management strategy for the moose harvest in Cape Breton. The moose has a central place in the history and traditions of the Mi'kmaq people, and is considered important both nutritionally and culturally to native communities. However, the Mi'kmaq harvest on Cape Breton Island has gone largely unregulated, and in recent years has been the subject of abuse from both within and outside of the native community [see EW&W 20.6, Dec/Jan '05].
Native leaders recognize the problems. The abuses are an embarrassment and shed a poor light on hunting, and unscrupulous harvesters profit personally with little benefit to the communities. While the actual number of moose taken doesn't appear to be causing a decline in herd size, nor does it benefit those to whom the rights belong: the Marshall decision was clear that these are communal rights, and native leaders want to regain control of that.
Chief Alex "Butchy" McDonald of Indian Brook says native leaders strongly disapprove of the abuses. "There was a guy from Eskasoni advertising moose hunts. I got his name and I talked to the Chief up there about it and he said 'yeah, they've been on top of that man big-time'. That brings up a red flag. All the Chiefs saw that and we were right on top of it. That's gotta stop. And he's advertising what he's doing!"
"There is one band member here who goes up there and he whacks 25 moose every year. We have word that he's selling them-we know he takes a lot of moose. ...This individual claims he uses the money to go back up there again. [He'll] get two or three, then he'll bring them home and he'll give one to the community, and he'll do something with the other two... we just don't know what or with who. 'Cause if we knew who he was selling it to, believe me I'd have them charged."
The provincial government has not been oblivious to the situation, but has avoided jumping into a confrontational situation with natives when a co-operative co-management agreement was a very real possibility arising out of the tripartite process. "There is a real problem there, as your initial article identified," remarks Tony Nette, Manager of Wildlife Resources, Large Mammals, Nova Scotia Department of Natural Resources (DNR). "It's something that has to be resolved and the way we're going to do it most effectively is in a collaborative manner, and that's also the impression that I'm getting from different corners of the native community. In order for it to be effective there has to be a buy-in from the whole community." And, after the terms of reference have finally been realized, that seems to be what is happening.
On March 14, 2005, by resolution of the Assembly of Nova Scotia Mi'kmaq Chiefs, all 13 bands in Nova Scotia threw their support behind an intiative by the Unama'ki Institute-the aboriginal body dedicated to management of natural resources on Cape Breton Island-to develop a harvest management plan. And, they came to the provincial government for help: this marks an important change in the relationship between native leaders and government. In 1989, by contrast, an interim management structure-pending various court decisions-was put in place to regulate wildlife harvest, but was regarded by natives as being forced upon them by government. After a year it fell apart. This time, good-will based negotiations are under way to develop a structure that will weather challenges and satisfy all user groups. While a very few natives may see unrestricted personal access to moose as an entitlement, their communities-tentatively, at this stage-are saying otherwise.
Without any sort of management there is no safeguard to ensure that consumption is sustainable as populations fluctuate over time. Currently there are no hunter reporting requirements, and no biological information being submitted by the majority of the native harvesters. And, it's becoming obvious to those involved that the moose herd is in a peak-population state, and that a crash may be imminent. Getting a co-management agreement into place before that happens will help to dispel the blame that some might feel-wrongly-belongs to over-harvest by natives.
Tony Nette urges caution and patience: "We can't say there is a conservation issue up there now because moose numbers are good. We've got a number of indicators, and data from other sources. From the non-native hunt we get really good returns; we get jaws, so we've got age, sex structure, and we've learned about a new (non-harmful) parasite that has become more prominent among moose. [After] a lot of the native harvest has happened, and our hunt comes along-yes there's some during and following, but year after year we achieve in the order of 90 per cent success. That speaks of abundance. So we know there hasn't been any big decline. We take a large majority of bulls over cows, but the reason we're taking so many [bulls] is because there are lots to choose from."
Ensuring a sustainable harvest and developing formulas for long-term shared management is something best done before a depopulation crisis is underway, before emotions and finger-pointing are rampant.
A discussion document is being developed to aid leaders from the native community and their government counterparts to arrive at concrete management agreements and tools. It has yet to be ratified, and the working group addressing the issues are quick to point out that more changes may be coming from the native communities themselves.
The overall goal is to achieve effective and sustainable management of moose harvesting by all user groups. Based on a series of basic principles, it broadly outlines a basis for continued agreement: that sustainable practices be developed based on conservation and biology, that the best information be used to annually determine the allowable harvest; that the resource needs to be shared, and that native communities should administer their own harvest.
Some of that management is already happening, albiet on a voluntary basis. The Native Council of Nova Scotia represents off-reserve natives, and for their limited number of harvesters-about 270 last season for moose-has a management scheme in place. This involves things like limiting moose to one per household, rigid requirements for reporting and tagging, and a system of identifying who is a legal hunter. This last is necessary because the Native Council will answer court challenges to hunters harvesting under their regime, and their documentation requirements are strict. They currently have a membership of 3,300, some of whom are status Indians under the Indian Act and some of whom are not.
There are, according to the Native Council, some 26,000 aboriginal people in Nova Scotia; of that 26,000, about 13,000 are registered as Indians under the Indian Act, with between 6,200 and 6,700 living on reserves-a nearly even split between living on and off-reserve for status Indians. That also leaves another 13,000 non-status people who self-identify as natives living off-reserve. Their lack of status is often a result of flip-flopping court decisions about who could and could not access services and protections under the Indian Act; for instance if a native woman married a non-native man prior to 1985, she lost her status and the children of that marriage would not have been considered Indians. International pressure to stop discrimination against women ended this practice, and the government gave back status to those women and their children, but for only one generation. For people who are without status, involvement in native harvesting means acquiring an "ATRA" passport from the Native Council, which is accepted by the province as identification of a native harvester-whether or not they are involved in the Native Council harvest management system.
One of the things that managers will be doing in the coming months is seeking the legal basis for both emplacement of an overall co-operative management regime-originating with the native community, in co-operation with government managers-and for enforcement of a new system. It does appear to those involved that the legal basis is there: again, Marshall was clear that the rights in question are community rights, and harvest-including the use of resources for earning a "moderate livelihood"-is understood to fall under that communal umbrella of responsibility and benefit.
The Native Council endorses the principles of the new initiative; indeed Tim Martin, who heads the Native Council commission for wildlife management, says the council has sought a co-operative management agreement for years. This bodes well for overcoming political differences between status and non-status natives to work for the betterment of the moose herd, which everybody in native leadership agrees is tremendously important.
This is the year of communication: a co-ordinator has been hired by the Unama'ki Institute under the direction of Charlie Dennis to set up meetings with the native communities to listen to presentations on management, and to share in the process of devising a working plan to benefit their people and the resource. And, government is reaching outside the native community to other stakeholders for input on what they would like to see: two presentations have already been given to the Nova Scotia Federation of Anglers and Hunters, one at their annual general meeting, on the progress of the initiative.
Tony Nette stresses the importance of making sure all of this is done right, and of seeing the importance of this new initiative: "Everyone has been frustrated and we've heard the grumbling, but the more people understand it, the more supportive they are. There is a relatively small number of people involved in the problem, and far more people interested in resolving that and getting on with a common sense solution. ...The native community is ready to move and what we've said to them is if necessary, we'll change the Wildlife Act and the regulations to accommodate whatever set of rules are needed.
"This management plan is all about conservation, but it's also about respect...respect for the animal, respect for each other, respect for other users. It will have a strong element of long-term planning, acknowledging that populations are not stable; populations fluctuate so use will have to be adjusted."
The plan will likely also involve capacity-building for more participation from within the native community: developing more science facilities, training more enforcement personnel and technicians, and utilizing tools like the alternative justice system.
In the meantime, managers are looking at ways of tidying up the problems that are going on right now. This might involve more enforcement, and developing new tools to enforce or better define existing laws. For instance, if a non-native is driving a truck with a native standing in the back, rifle at the ready-if that non-native is scanning the bogs, driving slowly, and stopping when the chance comes to fire, chances are he's doing something that could be judged as partaking in a hunt, whether or not he is carrying a rifle.
Nette remarks "if we can convert the illegally taken, the high number of animals that are taken illegally under the pretense of native hunting-that abuse of native hunting rights that sees moose going outside the native community, with not nearly the benefit coming back that there should be-if we could convert those to legal, there would be plenty to go around."
Some ideas have also been advanced from outsiders to the process, including closing loopholes in the law; perhaps closing bear or deer seasons in the highlands, or doing as Saskatchewan and disallowing non-natives from accompanying natives during the harvest. Nette approaches these ideas with hesitation: "About shutting down hunts, we've always been very reluctant to infringe upon the majority because of a few. There are lots of bears in the highlands; we don't want to deny that opportunity for fear that someone may use it for another purpose. We try to allow hunting opportunity where it exists. There are very few deer there, but once again, it's the same thing, just a little more extreme. Deer numbers are very low but that's not because of hunting, and we wouldn't want to send the wrong message. If someone is breaking laws, then let's catch them on those laws rather than put another one in, since they're ignoring laws in the first place."
When asked why the department doesn't simply refuse to issue moose meat possession permits to non-natives for meat obtained from natives, his response was that "if consensus could be reached among the Chiefs on this issue, we would have a simple interim solution."
Much remains to be discussed. There is support for a variety of approaches within the native community. Chief McDonald wants non-natives taken out of the native harvest: "I'd support that 100 per cent". And did he think the other Chiefs would be agreeable to that? "I think so, I think so. I don't think we should be doing that." When asked about stopping the deer or bear hunt, even temporarily, Chief McDonald responded: "We'd be all for it. We don't go up there to hunt deer. We take deer near our own community ... every native would do that. You should get rid of the bear season up there ... our people don't eat bear meat. We look at it as a spiritual thing. We only take a bear for the medicine."
"I've seen [people] on those eight-wheeler machines that go into the marshes-Argos-come out with 4 or 5 giant moose on a trailer or a sled being dragged by the Argo, and you've got one native and you've got five white guys on board, all these rifles, and the white guys have the right to be there because it's deer hunting season. Deer season! There are no deer up on that mountain! I've seen maybe two, three deer in my life since I've been going up there. And I was going up there prior to '88."
Chief McDonald wants the input of the communities on any proposal to co-manage the resource: "Whatever comes up, I'd like to see it done through a referendum to the people. I'd like to see the people decide how they want to do it, and I know the people will be fair."
"I just don't like the idea of the abuse. What prompted us to come up with a management scheme is the fact that we need to take responsibility. It's not being done to look good, it's being done because it needs to be done."
One thing that everyone agrees on is that all of this will take time. We'll keep you posted.
Moose for Sale
Responding to an advertisement in a newsprint buy/sell forum, we got some information on an advertised moose hunt in the Highlands-no tags necessary. After our chat with the native guide, we checked to see if it was legal. We were told by enforcement officials at NS Department of Natural Resources (DNR) that it's not illegal to advertise, and after the Marshall decision it might very well be legal for a native to sell a moose. The only chargeable offence would be committed by the non-native hunter who shot a moose, and if it was witnessed by DNR officers, then the guide could be charged with being party to the offence.
Q: When can we go?
A: Whenever you're ready. We don't use tags.
Q: It's a fall thing though?
A: Well, winter too. Right up till January.
Q: Where are we going?
A: The Highlands. I guarantee you a moose.
Q: If I wanted to knock down two, how does that work?
A: $500 a shot.
Q: What have you got for transport?
A: I've got a truck, a skidoo, a van, a bike…we'll cut it in four and haul it out.
Q: Do I have to bring a gun?
A: If you want to. I've got a .300 Weatherby if you don't want to.
Q: Is this legal?
A: F**king right it's legal.
Q: So I can carry a rifle while I'm up there?
A: No. Well, you can carry one as long as they don't see you shooting it, which they won't.
Q: So it's just a matter of you giving me the rifle when we get to it.
A: Ya. It'll probably be already hunting season when you want to go up, you know what I mean?
Q: I don't want to go through the moose draw.
A: Ya, it sucks. I got an advantage, you know what I mean, I might as well do it myself.
Q: You might as well make some money on it.
A: That's what I said.
Q: You guys get a number of tags through the band?
A: No, f**k that, I don't need no tags man.
Q: The band's ok with it?
A: Ya.
Q: So $500 a crack. Are there quite a few?
A: All kinds.
Q: If I wanted to bring a couple of buddies and shoot a few…
A: Ya…
Q: Or if I wanted to knock a few down and bring them back…
A: Whatever you want bud, it's going to cost you $500 a head though. I'm up there from the end of August 'til January. I haul a lot of moose out of there every year.
Q: How many of those things could I get on a half-ton?
A: I've had five on before. One year I got 65 moose. Then I kind of came down to 35. Last year I only got 15.
Q: You're knocking some down for the band?
A: I'm knocking them down for myself. I'm on my own! I sold them.
Q: So you're making some money?
A: Well, (laughs) I'm spending more than I'm making…
The best kind of tradition: mentoring young hunters
It's no secret that taking a kid hunting teaches him (or her) respect for nature and something about self-reliance, which becomes respect for self. And, it builds bonds between generations. An initiative by RCMP staff also uses the hunt as a way to build rapport between officers and teens in their neighborhoods.
Organized initially by Corporal Steve Gloade, the moose hunt for native youths is now in its third year. There have been two hunts conducted with the kids of the Cape Breton Island bands; four teens from each of the five communities each year. This year the initiative has come to the mainland reserves, and finds no shortage of kids wanting to take part.
Corporal Everett Joe of the Indian Brook detatchment went along on both the September hunt for the youth of Millbrook and the late-October hunt for the Indian Brook teens. Both involved two nights and three days on Cape Breton, with one night of each hunt spent in a cabin tent in the highlands. But first, all the kids went through hunter safety training, learning about proper and safe use of firearms and the necessary woods skills required of every hunter.
The 9 Indian Brook teens who took part-ages 13 to 17-also got a close-up taste of the excitement of the hunt, and-more importantly-a lesson in respect for the animal: Constable Joe, an experienced hunter, got them close to one of the largest bulls he's seen in his hunting years-and let the animal walk. It wasn't far from the callers, and the kids were pretty excited, he told EW&W. They did take what they needed for the community feast, and on returning, the women of Indian Brook made the meat into a variety of dishes, which the youths served to community members.
There are signs that the effort has paid off in more ways than one: Constable Joe notes the teens who went along talk more easily with members of the RCMP staff on Indian Brook reserve, and there is already a waiting list for next year's participants. Constable Joe hopes to make it a yearly trip.
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