CODE OF PRACTICE AS PART OF THE SPECIFIC AGREEMENT BETWEEN THE GOVERNMENT OF QUEBEC AND THE ODANAK AND WÔLINAK BAND COUNCILS CONCERNING THE REGULATION RESPECTING THE PRACTICE OF HUNTING AND TRAPPING ACTIVITIES
This code of practice for hunting and trapping activities only concerns the context of the specific agreement between the Quebec government and the two Band Councils, members of the Grand Conseil de la Nation Waban-Aki Inc. for the duration of the agreement.
At no time may the present code be used outside this context or to deny, affirm or prevent the exercise of the existing rights of the Abenaki Nation and its members.
The code of practice and the agreement between the parties only apply to the practice area described in Section 7.1 and, if applicable, to the territory set out in Section 7.2.
In this document, the masculine grammatical form indicates both women and men.
To simplify and lighten the text, the “Quebec government” is replaced by “Minister” and the “two Band Councils of Odanak and Wôlinak of the Abenaki Nation” by “the Council”.
1.1 The present code of practice has the general objective of regulating the hunting and trapping activities for food, ritual or social purposes of the Abenaki Nation and the administrative mode of these activities in the context of the agreement between the Minister and the Council
1.2 It also has the objective of allowing the Abenaki people to avail themselves of this right to openly and peacefully hunt and trap.
1.3 It has the specific objective of favouring and promoting family and community traditions of the Nation’s members according to their own modalities and of promoting and valuing the specific national culture of the Abenakis, in the context of a contemporary accommodation negotiated in good faith with the Minister.
1.4 Abenakis wishing to benefit from the advantages set out by the specific agreement concluded between the Minister and the Council are obliged to comply with the present code of practice and the agreement.
1.5 The application of the present code is the responsibility of the entire Abenaki community, even if, in practice, the Council is responsible for it. The same is true for the credibility of the Nation and the capacity of its members to be disciplined and responsible in the practice of their activities and respect the signed agreements.
1.6 The present code is a first approach for the Nation concerning hunting and trapping activities within the context of a specific negotiated agreement and shall be reviewed, modified and completed, if applicable, to account for all the wildlife sampling activities, forest life and other related activities of the Nation’s members.
By the present code of practice, the Abenaki Nation seeks to promote the following principles:
2.1 Protection of the environment on all sections of the territory used by the Nation’s members;
2.2 Teaching of healthy and safe practices and ancestral knowledge to the younger generation;
2.3 Management of members’ activities on a basis that is fair and just for all;
2.4 Respect of other users who may use the same territory;
2.5 Courtesy during any encounter occurring on the territory;
2.6 Valuing of Abenaki culture, including the possibility of family practices and community activities;
2.7 Respect of commitments made by the members during the issue of their hunting and trapping licenses and of conditions set upon their issuing;
2.8 Protection of wildlife and their habitats;
2.9 Safe and responsible practice of activities involving hunting weapons.
3.1 The only persons who can avail themselves of the agreement made between the Minister and the Council are registered Abenaki Nation’s members residing on or off the reserves of Odanak and Wôlinak, in virtue of the Indian Act.
3.2 The organization of activities set out in virtue of the present code is based on the Abenaki family, but this must not be interpreted to prevent a person living alone from practicing these activities. The family practice of activities in the forest is considered as a fundamental value of the Abenaki Nation and constitutes a basic principle valued by the Abenaki culture and by the agreement.
3.3 Hunting and trapping activities are reserved for beneficiaries who have the knowledge, judgment skills and experience to practice these activities and to use hunting weapons and trapping gear. Spouses and children of beneficiaries who live in the same home may accompany them during hunting and trapping outings.
4. HUNTING AND TRAPPING MODALITIES
4.1 As part of the agreement between the Minister and the Council, the beneficiaries who wish to hunt or trap for food, ritual or social purposes are obliged to hold the appropriate licence previously issued by the Council and agree to respect the conditions identified in the present code and the agreement, a commitment that is conditional to the issue of the Abenaki licence.
The Abenaki licences are valid for the area of practice identified in Section 6.1 and according to the modalities provided in the agreement and code of practice.
However, an Abenaki who does not wish to avail themselves of the agreement signed between the Minister and the Council, can obtain the required licence(s) for the practice of hunting and trapping activities according to the general conditions of practice set out in the Act Respecting the Conservation and Development of Wildlife and its regulations.
In the territory where members of the Abenaki Nation can hunt for food, ritual or social purposes as specified in Section 6.2 of the agreement, the hunting licences issued by the Council replace, where applicable, the white-tailed deer, all areas except Area 20, hunting licence, the moose hunting licence for all areas, the black bear hunting licence, the wild turkey hunting licence, the small game hunting licence, the hare and Eastern cottontail rabbit snaring licence and the Northern leopard frog, green frog and bullfrog hunting licence according to the Regulation Respecting Hunting. The holder of a hunting licence issued by the Council shall be subject to all the provisions relating to hunting under the Act Respecting the Conservation and Development of Wildlife and its regulations, including catch limits (the licence holder cannot cumulate the latter) and that provided for in Article 8.3 of the agreement.
4.2 Insofar as it is demonstrated that a beneficiary does not respect the present code of practice or the agreement, and thereby harms the reputation of the Nation and its members’ activities, the licence issued by the Council may be withdrawn for the duration of the agreement, and may not be renewed for the following season, if the agreement is renewed.
In these circumstances, only the persons concerned are obliged to assume the responsibilities and penalties attributable to them and the Council is not held responsible for their actions.
4.3 Abenakis who wish to use equipment and facilities not belonging to them must previously request the authorization of those in charge and pay, if applicable, the user fees. In addition, the beneficiaries of the agreement must always obtain authorization from the land owner or his representative before circulating and practicing their activities on private domain lands.
4.4 The Abenaki licence issued by the Council provides the following details:
– The holder (name, address);
– The purpose of the activities (hunting or trapping);
– The concerned species.
4.5 In the practice area described in Section 6.1. of the agreement, two licenses must be canceled during the killing of a moose. The annual catch limit is one moose per two licence holders participating in the same hunting expedition and who hold a licence.
For white-tailed deer, the annual catch limit is two animals per licence holder.
For black bear, the annual catch limit is one bear per hunting licence holder and two bears per fur-bearing trapping licence holder. These limits may be combined.
For wild turkey, the limit is two bearded wild turkeys per season. However, the second turkey must be taken from one of the following areas: 4, 5, 6, 8 or 10.
4.6 The name of a beneficiary cannot only be indicated on one licence according to the species and the individual can no longer hunt for food when his licence is canceled.
4.7 On the practice area described in Section 7.1, as soon as a licence holder issued by the Council has killed a moose, he must detach the appropriate transportation coupon from the licence and attach it to the animal. In addition, the licence holder shall ensure, on the kill day, to attach to the animal a second transportation coupon corresponding to the annual catch limit. Any additional coupon must come from a hunting licence holder who is authorized to hunt moose, using the same type of gear, during the same period and for the same fishing and hunting area and who participated in the hunting expedition in which the animal was killed.
4.8 For white-tailed deer, black bear and wild turkey, one transportation coupon corresponding to the animal killed and which is from the licence holder who killed the animal must be attached to the animal immediately after the kill.
4.9 The modalities provided in Sections 4.5, 4.6, 4.7 and 4.8 apply only to the area of practice described in Section 7.1. In addition, when the transportation coupon(s) have been detached from the licence, the licence holder may no longer hunt the species corresponding to the transportation coupons.
4.10 Hunting and trapping is prohibited in the areas and locations where hunting and trapping are prohibited by Quebec legislation.
4.11 The authorized hunting or trapping gear, devices, products and methods are provided in Appendix I of the code of practice.
4.12 In the event of an accidental kill, the slaughtered animal must be reported immediately to a wildlife protection officer and after verification, will be handed over to the Council who will become responsible for it and dispose of it for community purposes (ritual or social purposes). These animals will be considered among the animals allocated to the Council for ritual or social purposes as provided in Section 8.8 of the agreement.
4.13 The Council may allow hunting of moose and white-tailed deer for community purposes (ritual or social purposes).
The following events are included among the community’s needs:
– Pow Wow and the National Aboriginal Day (June 15 – July 15)
– Elders Day (October 15 – November 15)
– Band Council elections
– Christmas and New Year’s
4.14 Only persons designated by the Council may hunt for other members of the Nation. The Nation’s annual quota is 5 moose and 30 white-tailed deer.
4.15 When the Council issues a special authorization for hunting for ritual or social purposes, it must identify the beneficiaries authorized to hunt for this purpose and the duration of the hunting activity. The Council may also prescribe the sex and age of the animals that can be slaughtered and the locations where the hunting activities can take place.
4.16 The Council calls for hunters and trappers to report any anomalies they may observe during their use of the land in relation to wildlife and habitats.
4.17 It is prohibited and considered immoral to chase, injure or kill an animal voluntarily using a vehicle, aircraft or motorboat.
4.18 Abenaki people are prohibited to hunt or trap under the influence of alcohol.
4.19 It is immoral and prohibited to waste or abandon the flesh of a slaughtered game animal.
4.20 It is prohibited to sell the flesh of a slaughtered game animal except as provided in Quebec legislation.
4.21 It is prohibited to catch a large game animal, with the exception of black bear, by the use of a device designed to restrain such an animal.
4.22 The Abenaki people agree to respect the regulations intended to protect species designated threatened or vulnerable, or forbidden from sampling for conservation purposes.
4.23 Upon the request of a person empowered by the Act Respecting the Conservation and Development of Wildlife, Abenaki people must identify themselves by showing the licence issued by the Council and by showing their catches, their ammunition and their hunting and trapping gear.
5. REGISTRATION AND TRANSPORTATION ON THE PRACTICE AREA
5.1 The Council holds a register in order to compile the information required for the management of Abenaki hunting and trapping activities as part of the agreement with the Minister. This register includes the names of the hunters and trappers, the slaughtered animal as well as the location and date of the catch.
5.2 For the purpose of the sound management of resources, the hunter or trapper must report to the locations designated by the Council or to any person, association or organization authorized by the Minister, any big game or wild turkey slaughtered no later than 48 hours after it has been removed from the forest and indicate the most accurate location where the animal was slaughtered.
5.3 All slaughtered moose must be transported and presented at a recording station or at a location designated by the Council in whole or in identifiable quarters.
In the case of a moose presented in quarters, the hunter must also produce and make available the entire head. Failing this, the hunter must produce and make available the complete lower jaw and, in the case of a male, the antlers attached to the skull or to a part of the skull.
All slaughtered white-tailed deer must be transported and presented at a recording station or at a location designated by the Council in whole or in a maximum of two nearly equal parts separated transversely at the level of the floating ribs or kidneys. In addition, when the deer is separated into two parts, the hunter must present both parts with the head and external genitalia (vulva or scrotum) still attached to one of the parts of the animal.
All slaughtered wild turkey must be transported and presented as a whole to a person, association or organization authorized by the Minister, or to a location designated by the Council.
An Abenaki who kills a black bear shall, upon registration, present the animal’s carcass or pelt to a person, association or organization authorized by the Minister, or to a location designated by the Council.
5.4 The Abenaki people shall collaborate in the sampling of biological data that may be necessary for the management of wildlife on the practice area described in Section 7.1.
6.1 An Abenaki shall not take place on a motorized land vehicle, an aircraft or a trailer pulled by a vehicle; and
At any time, have in his possession an armed crossbow or a firearm having an unfired cartridge in the chamber, charger or magazine if the latter is attached to the firearm or, in the case of a muzzleloading firearm, having powder and a projectile in the chamber and a cap in the barrel sleeve or powder in the pan;
To discharge a firearm, crossbow or bow from a vehicle, aircraft or trailer;
At night, have in his possession an unloaded firearm, bow or crossbow unless these weapons are stored in a closed case or placed in the trunk of a vehicle or luggage compartment of an aircraft.
6.2 Notwithstanding the preceding paragraph, in the case of physical disability preventing the normal practice of hunting, the Council may issue a special authorization to the individual in question.
6.3 The Abenaki people shall comply with safety rules for wearing the fluorescent orange vest during hunting activities for mutual protection from accidents that may occur and to prevent them as much as possible.
6.4 Subject to hunting activities permitted at night by Quebec legislation, the Abenaki people shall not hunt at night and shall not use devices to disturb or detect the presence of an animal at night. For the purposes of this section, hunting begins a half hour before sunrise and ends a half hour after sunset.
6.5 During the big game sport hunting season, on the practice area described in Section 7.1, only gear authorized by Quebec regulations can be used in relevant hunting and trapping areas. However, during a hunting period with a muzzleloader, crossbow or bow, for moose or white-tailed deer under the Regulation Respecting Hunting, all hunting gear according to the species covered by these regulations are authorized.
6.6 In Areas 4, 5, 6, 7 and 8, it is prohibited at all times to shoot an animal from a public road, including the width of ten (10) meters from each outer side of the road. It is also prohibited to shoot an animal seen on a public road or shoot across such a road.
However, in Areas 4 and 7, these prohibitions do not apply to the small game hunter when using a rifle, a muzzleloader, bow or crossbow, with authorized ammunition for hunting small game. The hunter and game must not however be within 100 meters of a public dwelling, a building housing animals or a storage building.
7. TERRITORY OF THE AGREEMENT
7.1 Activity practice area with specific modalities.
The members of the Abenaki Nation can practice all the activities described in the code of practice in the following fishing, hunting and trapping areas and territories:
Areas 5 and 6 described in the Fishing, Hunting and Trapping Areas Regulation enacted by the Order 27-90 of January 10, 1990 (see maps in Appendix).
The western part of Area 4 (Area 4 south), western part of Area 7 (Area 7 south and north) and the eastern part of Area 8 (Area 8 north and east) as described by the order of the Minister responsible for Wildlife and Parks, A.M., 1999-009 of March 31, 1999 (see maps in Appendix).
7.2 Other Territories
The members of the Abenaki Nation can hunt outside the practice area defined in Section 7.1 according to the modalities set out in Section 4.1. However, they cannot hunt within Areas 17, 19 north, 20, 22, 23 and 24 according to the Fishing, Hunting and Trapping Areas Regulation.
Ministère des Forets, de la Faune et des Parcs
Web site : http://intramddep.intranet.mrn.gouv/
SOS Braconnage : 1-800-463-2191
Trois-Rivières (Qc) G9A-5S9
Telephone : (819) 371-6151
Fax : (819) 371-6978
620, boul. St-Joseph Ouest, Suite 3
Drummondville (Québec) J2E-1H5
Telephone : 819 475-8444
Fax : 819 475-8458
605 de la Station
Shawinigan (QC) G9N-1V9
Telephone : 819-537-7273
Fax : 819-536-7065
985, boul. Pierre-Roux
Victoriaville (Qc) G6T-1T8
Telephone : (819) 752-4614
Fax : (819) 752-2176
770 rue Goretti
Sherbrooke , (QC) J1E-3H4
Telephone : 819-820-3883
Fax : 819-820-3747
GOOD HUNTING !!
GRAND CONSEIL DE LA NATION WABAN-AKI
Téléphone : 819-294-1686
Télécopieur : 819-294-1689