Natives and sport fishing regulations

[Macdrizzle]

I understand natives have special rights when it comes to fishing and hunting. My understanding is, this applies in their traditional net fishing practices. But when they use line and rod, do standard provincial sport fishing regulations apply? Reason being is, I'm fishing next to 2 natives as of posting this thread, they've retained 2 undersized pike and 1 undersized walleye. When I approached them about it, they said they had special native rights. Not fully knowing myself, I took his word for it. Can anyone confirm this? If its not too late, I can call RAP right away.

[Positrac]

They can pretty much do as they want if they have status/treaty rights. IMHO, I wouldn't waste my time calling RAP unless they didn't look like they were native or I thought they are falsely claiming they were just so they can break the rules

Hard to tell these days as I know six different guys that do have status and look just as white as I do.

On the other hand, it doesn't hurt to call and let RAP know what you are seeing and what you have been told. They can decide if it is worth sending someone out to investigate.

[Fordman]

Phone it in. Using a rod and reel they have to follow the same rules as the rest of us.

[woody1948]

Phone it in. Using a rod and reel they have to follow the same rules as the rest of us.

Are they even in the Fishing Regs? Those are for everyone else, not natives.
Natives have a free run.

[norwestalta]

Just because they're native doesn't mean they have treaty rights. Many don't.

[schmedlap]

Phone it in. Using a rod and reel they have to follow the same rules as the rest of us.
Shimano and Rapala were not part of the "traditional" harvest referenced by treaties. I would definitely call it in.

[67ZL1]

I believe if they are treaty and are able to prove it then they are exempt from obtaining a fishing licence. They are to follow the same limit and size regulations as the rest of us. It did state these rules in last years reg book. Not sure about this years.

[Bushmonkey]

when using a rod and reel they must follow every single law we do, except they don't have to buy a lisence.

[lannie]

Rod and reel is sport fishing, not sustenance. My best buddy is status and he needs a license, so to those two chumps.

[DiabeticKripple]

Rod and reel is sport fishing, not sustenance. My best buddy is status and he needs a license, so to those two chumps.

status dont need licenses, but they must obey the fishing regs other than that

[Habfan]

status dont need licenses, but they must obey the fishing regs other than that

You are correct ! My wife is status so I know ! It is also in writing in the fishing guide. She has to buy a license now anyway because of walleye draws, no license, no draw ! Lol !!!

[harmagedon]

Phoning in is a waste of time... my friend move on!!

[Talking moose]

Shimano and Rapala were not part of the "traditional" harvest referenced by treaties. I would definitely call it in.

Neither was using a weatherby and high powered scopes but.........

[waterninja]

Interesting....... I have ice fished besides Indians in the past while trying to fill my walleye tag at Lac St. Anne. Many times they kept pike (0 limit for us regular guys) and they would keep any walleye they caught. When I asked them about the regs they simply said they had treaty rights and could keep what they wanted.
Quite honestly, I don't see much in the regs. about the rules that indians must follow though there must be some somewhere. I think you would be wasting your time calling RAP, but at least RAP might have more info. for you.
Edit..... My wife just informed me that refering to Natives or Aboriginals other then as "First Nation,s" is considered a no-no, but the AB regulations refers to them as "Indians" (pg. 20, license costs). No slight intented to anyone.

[Habfan]

You don't see much in the regs ?? It is under SPORTFISHING BY INDIANS, Indians do not need a fishing licence or win card for general sport fishing, however all other regulations apply to all persons, including Indians. I think you will find it on page 17.

[Talking moose]

http://images.tapatalk-cdn.com/15/05/24/78e8bb0acd5465bf4aff11c4f121851a.jpg

[Positrac]

So, my question would be even though they are breaking the rules that they are supposed to abide by, would they ever be prosecuted or have to pay a fine? I would think not.

[waterninja]

You don't see much in the regs ?? It is under SPORTFISHING BY INDIANS, Indians do not need a fishing licence or win card for general sport fishing, however all other regulations apply to all persons, including Indians. I think you will find it on page 17.
Excuse me Hab, I never said there are no regs. regarding Indians, just that I don't see many. Just checked pg.17 and don't see what your refering to. On pg. 21 there is "Sportfishing" and "Sportfishing Seasons" but don't see the heading your refering to.
Not too worried about it anyways, because I'm sure Indians must have some kind of rules they must follow, along with special excemptions, and I doubt they are all listed in the reg. booklet.

[Habfan]

From the 2015 Regs:

"If you are under 16 years of age, an Alberta resident aged 65 or older, or a registered Indian under the Indian Act, you are not required to have a Sportfishing Licence, but you must follow sportfishing regulations."

Walleye License:
Indians
Sportfishing License: No Licence Required
Walleye License: No Licence Required
(They still have to get tags, but don't need a sport fishing license to get one)

So phone it in.
My wife got drawn for a walleye draw but couldn't get the tags because she didn't have a licence ! Canadian tire guy phoned somewhere but couldn't get an answer on what to do ! I guess we could have gone to wildlife office for more answers but we just left it at that.

[Chief16]

Being status myself, the only difference is we don't need to buy a license. Call them in if they are poaching.

[claystone]

Being status myself, the only difference is we don't need to buy a license. Call them in if they are poaching.

x2 we still need to follow the reg's. a few times I was approached by F & W over the years and had to produce my status card and not be using barbed hooks. last year I just needed my card. My point is F & W check everyone, so maybe they just think they can fish anywhere, anytime and F & W can educate them with a fine. no excuses for not knowing the law. Bookem Dano !! :)

[Habfan]

Excuse me Hab, I never said there are no regs. regarding Indians, just that I don't see many. Just checked pg.17 and don't see what your refering to. On pg. 21 there is "Sportfishing" and "Sportfishing Seasons" but don't see the heading your refering to.
Not too worried about it anyways, because I'm sure Indians must have some kind of rules they must follow, along with special excemptions, and I doubt they are all listed in the reg. booklet.

Sorry, I don't have the new regs yet but it used to be after the spearfishing/ bowfishing regs and before the sport fishing in provincial and national parks rules in the province wide regs ! :)

[CK Angler]

I have a buddy with a status card, he can only keep fish when caught by traditional means.

Rod and reel is considered sport fishing, and in that case they have to follow the same regs as the rest of us.

Call it in next time

[levigne25]

So do they need to make a bow and arrow from scratch to hunt deer out of season ?

[Talking moose]

So do they need to make a bow and arrow from scratch to hunt deer out of season ?

I believe firearms in use already at the signing of the treaty's. Fenwick and Shamano...... Not so much.

[Stugeogarcia]

Status Indian people may engage in recreational fishing and angle in fish derbies without a licence, but are subject to all other fishing regulations when not fishing for food purposes.

http://www.gov.mb.ca/conservation/firstnations/hunting-fishing_dec_06.pdf

[Northern Yaker]

I've called report a poacher several times from the narrows at Lac Ste Anne and if they are native they will check status cards and that's all. They allow them to keep the fish illegally and have been told by 3 seperate officers with the bands lawyers it's a fight they can't win...Or even try for that matter, first thing they ask is are the native, you say yes they won't come down and even check for a status card. It's BS that the letter of the law is scoffed at by those who enforce it.
It is nice to see that some Natives actually know they can't keep whatever they'd like and obey they law.

[Habfan]

Those officers should be fired ! Do you personally know these officers ? Or is this just what someone told you ? Officers not upholding the law, that they are paid to do is grounds for termination ! If your worried about putting in a complaint then pm me and I'll do it ! 3 times you have witnessed this ? I don't like to doubt anyone on here but this just doesn't add up !

[Talking moose]

Those officers should be fired ! Do you personally know these officers ? Or is this just what someone told you ? Officers not upholding the law, that they are paid to do is grounds for termination ! If your worried about putting in a complaint then pm me and I'll do it ! 3 times you have witnessed this ? I don't like to doubt anyone on here but this just doesn't add up !

I totally believe it.... They don't want to open that can of worms. Lots of politics here. I would bet a buck that they are taught/persuaded by the higher ups to let it alone.

[CK Angler]

Status Indian people may engage in recreational fishing and angle in fish derbies without a licence, but are subject to all other fishing regulations when not fishing for food purposes.

http://www.gov.mb.ca/conservation/firstnations/hunting-fishing_dec_06.pdf

That's in Manitoba, not Alberta

[Habfan]

I totally believe it.... They don't want to open that can of worms. Lots of politics here. I would bet a buck that they are taught/persuaded by the higher ups to let it alone.

Ya I guess ! My family has a cabin in northern Sask and the small towns around do tolerate things because of the problems that will arise if someone starts stepping on toes ! All bets are off !:):

[Northern Yaker]

I don't personally know the officers but have a couple of their cell numbers to circumvent the RAP line, they are always very pleasant to deal with and have made many trips out for our calls. I do sort of understand why they don't waste resources for a battle they won't win, if in fact they know they can't win, and putting them where they can actually enforce laws.

[walking buffalo]

I don't personally know the officers but have a couple of their cell numbers to circumvent the RAP line, they are always very pleasant to deal with and have made many trips out for our calls. I do sort of understand why they don't waste resources for a battle they won't win, if in fact they know they can't win, and putting them where they can actually enforce laws.


Treaty Anglers in Alberta have often been convicted for failing to follow the regulations. Resources are as well spent on charging Treaty people as for non-treaty.

[Chief16]

So do they need to make a bow and arrow from scratch to hunt deer out of season ?

no :)