Esgenoôpetitj First Nation (EFN)
Management Plan
Prepared by
James Ward and Lloyd Augustine
I.
Interpretation
“Mi’kmaq,
Maliseet and
"Mi’kmaq,
Maliseet and Passamaquoddy Territorial Waters"
Means all waters of the
"Mi’kmaq
Territorial District of Gespe’gewa’gi"
"Natural
Resources"
Includes fisheries, wildlife, minerals, sub-surface resources, trees, plants
and medicines as well as lands, waters, habitat and ecosystems.
"Day"
Means a calendar day.
"Fish"
Includes:
"Fishery"
Includes the area, locality, place or station in or on which a pound, seine,
net, weir or other fishing appliance is used, set, placed or located, and the
area, tract, or stretch of water in or from which fish may be taken by the said
pound, seine, net, weir or other fishing appliance, and also the pound, seine,
net, weir, or other fishing appliance used in connection therewith;
"Fishermen"
Means a duly authorized Mi’kmaq, Maliseet or Pass. Individual conducting
natural resource harvesting pursuant to this Act.
"Fishing"
Means fishing for, catching, or attempting to catch fish by any method;
"Fishing
Trip"
Means a voyage that commences at the time a fishing vessel leaves a port to
engage in fishing and terminates at the time fish caught during that period are
off-loaded
"Fishing
Vessel"
Means any vessel used, outfitted or designed for the purpose of catching,
processing or transporting fish;
"Fixed
Gear"
Means fishing gear other than mobile gear, angling gear, a drift net, a crab
trap, a lobster trap or a dip net
"Gill
net"
Means a net by which fish are caught by being enmeshed but that does not
enclose an area of water
"Longline"
Means a line that has a series of fish hooks attached and is used to catch fish
but does not include angling gear or hand-lines
"Management
Plan"
Means EFN management plan.
"Mobile
Gear"
Means otter trawls, purse seines and scallop drags
"Trap
Net"
Means a net that is set so as to enclose an area of water into which fish are
guided through an opening or openings by one or more leaders
"Vehicle"
Means any conveyance that may be used for transportation, including aircraft.
"EFN"
Means Esgenoôpetitj First Nation
"NRPA"
Means the Natural Resource Protection Agency
"NRT"
Means the Natural Resource Tribunal;
"NRC"
Means the Natural Resource Council
"NRTRS"
Means the Natural Resource Treasury
"NRMD"
Means the Natural Resource Management Division
"NRPD"
Means the Natural Resource Protection Division
"NRPO"
Means the Natural Resource Protection Officers
"MMP"
Means Mi’kmaq, Maliseet and Passamaquoddy
2. Coming
into Force, Duration and Notice
Coming into force
The EFN
Management Plan will come into force as of
Duration
The EFN
Management Plan will be in effect continuously, only to be revisited for an
annual review which will take place in the months of March.
Notice
The
Natural Resource Management Division will ensure that the EFN Management Plan
is distributed to all Mi’kmaq fishermen applying for required fishery
documents. The NRMD will also make the EFN Management Plan available to DFO, so
that DFO can make the necessary adjustments to the non-native fishing effort in
order to provide "access" for EFN fishermen. Also, so DFO can
identify the EFN fishery gear that DFO does not have authority or jurisdiction
over. The NRMD may also make other arrangements for publicizing the management
plan which it considers necessary.
3. EFN
Traditional District Waters
As stated in
the EFN Fishery Act the Mi’kmaq of EFN do not recognize the reserve system. The
reserve system is an imposed, artificial boundary designed to eradicate
Traditional native lands. It is a tool of colonial tyranny that unjustly forces
Native people on tiny remnants of their former lands for the sake of political,
social and economic control. The reserve system has allowed the Canadian
government to assert illegitimate jurisdiction over the Mi’kmaq natural
resources. The members of EFN firmly reject the oppressive confines the reserve
borders and limited water zones associated with them. The Mi’kmaq of EFN will
exercise their Inherent right to fish in the traditional Mi’kmaq Territorial
District of Gespe’gewa’gi. The Territorial District of Gespe’gewa’gi includes
the First Nation communities of Eel Ground, Red Bank, Pabineau, Eel River Bar, Listugutj
and Maria.
See appendix
A for map
4.
Application
The EFN
Management Plan applies to all Mi’kmaq members of the EFN who reside in
Traditional Mi’kmaq Territories. The EFN Management Plan does not recognize the
difference between on/off reserve Natives. Mi’kmaq Treaty rights do not cease
at the boundary of the reserve.
5.
Management Regime
In order to
properly manage EFN natural resources the EFN Management Regime will consist of
four institutions;
An
organizational chart is located in appendix B
The
Natural Resource Protection Agency
The Natural
Resource Protection Agency (NRPA) has two roles;
In order to
fulfill those roles the NRPA will be organized into two divisions;
The NRMD will
be tasked with the role of management of EFN natural resources.
The NRMD will
have 5 members to operate the NRMD;
Duties and Responsibilities
A) The Division
Manager will be responsible for all that his/her division does or fails to do.
This includes;
B) The
Administration Section will be responsible for;
C) The
Technical Consulting Section will be responsible for;
The Natural Resource Protection Division
The NRPD will
be tasked with the role of protecting EFN natural resources. In order to
successfully accomplish this role the NRPD will have 3 main responsibilities;
In order to complete
their responsibilities, the NRPD will have a minimum of 14 members to operate
the division.
Duties and Responsibilities
1) The Unit
Commander (CO) will be responsible for all that the division does or fails to
do. This includes;
2) The
Executive Officer (XO) is the second in command and will be specifically
responsible for;
3) The Team
Leader will be responsible for;
4) Protection
Officers will be responsible for,
Tasks
The NRPD will
be assigned 6 tasks in order to successfully fulfill their responsibilities;
Natural
Resource Tribunal
The NRT will
preside over all conflicts involving EFN natural resources. The NRT will
provide a community based judiciary that will adjudicate over any violations of
the EFN Management Plan and/or EFN Fishery Regulations.
There will be
thirteen members on the judicial board of the NRT. There will be 12 members and
one mediator. Members of the NRT will come from the EFN community, except for
the mediator. The mediator can come from the community but if there is a
problem finding an objective mediator then one can be selected from outside the
community from other First Nations.
To become a
member of the judicial board an individual would have to meet the minimum
requirements of;
The NRT has the
following powers to adjudicate over conflict in EFN natural resources;
Should the NRT
fail to resolve the matter, it will be turned over to the chief and council for
final determination.
Natural
Resource Council
As stated in
the EFN Fishery Act the role of the Natural Resource Council is to provide the
community’s input into developing policies, regulations and/or amendments to
the EFN Fishery Act, EFN Management Plan and the EFN Fishery Regulations.
The NRC will be
responsible for conducting annual reviews of the EFN Fishery Act, EFN
Management Plan and EFN Fishery Regulations in order to make any necessary
drafts for amendments. The NRC will work on these recommendations with the
NRMD’s technical section. The NRC, working jointly with the technical section,
will draft up amendments to be submitted before the members of EFN for
ratification.
Members of the
NRC will be made up of one delegate from each community committee.
Natural
Resource Treasury
The Natural
Resource Treasury will manage the EFN Royalty program. It will be
The NRTRS will
be responsible for providing funds to the NRPA and then dividing up the
remaining Royalty funds EQUALLY amongst every man, woman and child of EFN.
The NRTRS will
have 3 members on the Treasury board.
In order to
insure against mismanagement or misappropriation of funds the Royalty funds
will be kept in a completely separate individual account not to be used for any
thing else but the Royalty program.
Transparency
measures will be incorporated in order to insure against mismanagement or
misappropriation of funds. The NRT will be required to produce weekly revenue
reports. A master list of all incoming landing slips and royalty funds produced
from each will be attached to the weekly revenue reports. Weekly revenue
reports will be made available at the request of any Mi’kmaq member of EFN.
Final
allocation reports will be made available to EFN in a community meeting.
6. Documents
and registration
Application for documents
An application
for a document is to be made to the Natural Resource Management Division on a
form supplied by the NRMD and accompanied by the appropriate fee if it is
applicable.
Fishery Permit
A member of EFN
can apply for a Fishery Permit which gives that person an "Authorization
to Fish" under the EFN Fishery Act. The Fishery Permit will include the
species, location, period and allotted quantity of that species to be fished
along with the terms and conditions of the permit. There is no fee for the
Fishery Permit.
A sample
Fishery Permit is in appendix C
Guest Fishermen’s Permit
A Mi’kmaq,
Maliseet or Passamaquoddy person not from the Traditional District of
Gespe’gewa’gi whose band did not sign a fishery agreement with DFO can apply
for a Guest Fishermen’s Permit. The Guest Fishermen’s Permit will authorize
that MMP person to fish under the EFN Fishery Act. Approval of the Guest
Fishermen’s Permit is subject to Article 21 of the EFN Fishery Act,
specifically the conservation priority system. The Guest Fishermen’s Permit
will include the species, location, period and allotted quantity of that
species to be fished along with terms and conditions of the permit. The Guest
Fishermen’s Permit fee is $300.
A sample of the
Guest Fishermen’s Permit is in appendix D
Commercial Fishermen’s Helper Permit
A member of EFN
can apply for a Commercial Fishermen’s Helper Permit which gives that person an
"Authorization to Assist in Fishing" under the EFN Fishery Act. The
Commercial Fishermen’s Helper Permit will include the species, location,
period, quantity of that species to be fished along with the terms and
conditions of the permit. There is no fee for the permit.
A sample of the
Commercial Fishermen’s Helper permit is in appendix E
7.
Registration of personnel and vessels
The NRMD will
create and maintain 7 different types of registries;
EFN Fishermen registry
This register
is of all the Mi’kmaq fishermen of EFN who plan to fish in the upcoming season.
The EFN Fishermen register allows the NRMD to be able to make predictions on
catch amounts for that season. This information is very important because it
combines with the biologist local ecosystem study to provide conservation
parameters for the future EFN Management Plans. The EFN Fishermen register also
makes NRPD aware of the amount of fishermen to be on the waters during the
fishing season. It assists the NRPD so that t hey can determine a fishery
protection strategy for the fishermen.
EFN Fishermen
register will include;
Name, Band
number, species to be fished, register number (tag, permit or license numbers)
A sample of the
EFN Fishermen Registry is in appendix F
EFN Fishing Vessel Registry
NRMD will
create and maintain an EFN Fishing vessel register. The EFN Fishing vessel
register will be used to help manage the EFN waters. It will help identify in
shore, mid shore and off shore fishing vessels. This assists the NRPD in
determining a fishery protection strategy for the fishermen.
Fishing vessels
will be assigned registry numbers that the NRPD will identify as vessels that
need to be protected.
Those wishing
to fish this year have to register their fishing vessels before they fish with
the NRPD.
The EFN fishing
vessel register will include;
Vessel owner, vessel operator, vessel name, vessel size,
vessel type, vessel register number
A sample of the
EFN Fishing Vessel Registry is in appendix G
Same District Fishermen Registry
The NRMD will
create and maintain a register of same district fishermen. The register applies
to the Mi’kmaq members of Eel Ground, Red Bank, Pabineau, Listugutj, Eel River
Bar, Maria, Tabusintac, Pogumouche provided that they did not sign an agreement
with DFO. The fishermen of those First Nations just identified can fish on EFN
waters provided that they register with the NRMD.
Same district
fishermen will be required to pay for a Guest Fishermen’s Permit. This
will establish the fact that they have the authority to fish under the EFN
Fishery Act and by the EFN Management Plan and EFN Fishery Regulations. Same
district fishermen will be managed in the same way as EFN fishermen and for the
same purposes. Same district fishermen wishing to fish in EFN waters in the
upcoming season have to register before they fish.
The register
will include;
Name, First
Nation of origin, Band number, species to be fished, register number (of any
permits, tags or licenses)
A sample of the
Same District Fishermen Registry is in appendix H
Same District Fishing Vessel Registry
Same district
fishermen will have to register their vessels with NRMD for the same reasons as
fishermen from EFN.
The register
will include;
Vessel owner,
vessel operator, First Nation of origin, Guest Fishermen’s Permit number,
vessel name, vessel type, vessel size, vessel register number, number of
fishermen on vessel.
A sample of the
Same District Fishing Vessel registry is in appendix I
Other Mi’kmaq, Maliseet and Passamaquoddy
fishermen Registry
The NRMD will
create and maintain an "other MMP Fishermen" register. This register
applies to MMP fishermen of First Nation communities outside of the Traditional
District of Gespe’gewa’gi who have not signed an agreement with DFO.
Other MMP
fishermen wishing to fish in EFN waters will be required to pay for a Guest
Fishermen’s Permit and royalties to EFN. This will establish the fact that
they have the authority to fish under the EFN Fishery Act and by the EFN
Management plan and EFN Regulations.
The NRMD will
maintain the register to assist in conservation strategies. The NRPD will
maintain a copy of the register to assist in determining a fishery protection
strategy.
The register
will include;
Name, First
Nation of origin, Band number, species to be fished, register number
A sample of the
Other Mi’kmaq, Maliseet and Passamaquoddy Fishermen Registry is in appendix
J
Other
Mi’kmaq, Maliseet and Passamaquoddy fishing vessels registry
Other MMP
fishing vessels will also have to be registered with the NRMD.
The register
will include;
Vessel owner,
vessel operator, First Nation of origin, Guest Fishermen’s Permit number,
vessel name, vessel type, vessel size, vessel register number, number of
fishermen on vessel
A sample of the
Other Mi’kmaq, Maliseet and Passamaquoddy Fishing Vessel Registry is in appendix
K
Leased non-native owned vessel registry
The NRMD will
create and maintain a register concerning non-native owned vessels that are
being leased by Mi’kmaq of EFN.
The register
will include;
Name of EFN
member leasing the vessel, Band number, owner of the vessel, operator of the
vessel, name of vessel, DFO register number of the vessel, type of vessel,
vessel size, what part of EFN waters they will fish in.
A sample of the
Leased non-native owned Vessel Registry is in appendix L
8.
Identification of fishing vessels and fishing gear
EFN fishing
vessels and fishing gear will be required to be marked in order to be
identified as belonging to individuals of EFN.
Fishing Vessels
Fishing vessels
belonging to members of EFN are required to marked in the following manner;
Table
I
|
Item
overall length of
vessel
minimum height of numerals |
|
1.
25 M or
more 1.0
M |
|
2.
20 M or more but less than 25
M
0.8 M |
|
3.
15M or more but less than 20 M
0.6 M |
|
4.
12 M or more but less than 15
M
0.4 M |
|
5.
5 M or more but less than 12
M
0.3 M |
|
6.
Less than 5
M 0.1
M |
Fishing gear
Fishing gear
belonging to a member of EFN is required to be marked in the following manner;
9. Right to
fish all species
The Mi’kmaq
members of EFN claim the inherent right to fish all species of fish in their
territorial waters. The Mi’kmaq have fished here since time immemorial. It is a
blatant expression of colonial style oppression for the Canadian government to
force the Mi’kmaq to prove species by species that we have fished those
particular species. The Canadian state has illegitimately declared sole
ownership over Mi’kmaq natural resources. The Mi’kmaq inherent right to fish
all species in their territorial waters has not been extinguished. The Canadian
state does not have the authority to unilaterally extinguish Mi’kmaq inherent
rights.
The species
identified in the EFN Management Plan are not the only species that members of
EFN can fish for. Members of EFN are not limited to just these identified
species. Further species will be added to the future management plans at the
leisure of the Mi’kmaq members of EFN. Any species not identified in this
management plan does not mean that the members of EFN can not fish them. The
Mi’kmaq members of EFN have no restriction now or ever on the species to be
fished.
10. EFN Fishing season
The fishing
season for EFN will open as of
For example - lobster season will run from 29 April until June 30 and
then be closed for the molting season until third week of August. The lobster
season will open up again on that third week of August and run until October
31. Each species will have an identified close time, if applicable. The close
times will be based on conservation purposes. Although lobster season may close
in October the General Fishing Season will not be closed because other
species will be fished in the winter such as smelts.
11. Species
fished
Identified in
column I of table II
12. Amount
of that species fished
Limitations on
the amount of a species fished will only be required for conservation reasons.
Identified in column II of table II
13. Any
limits to the size of species caught
Any limits to
the size of species caught will only be required for conservation reasons. Identified
in column III of table II
14. Any
close times associated with the species
Any close times
will only be required for conservation reasons. Identified in column IV of
table II
15. Location
of the fishing activity
Identified in
column V in table II
16. Method
of fishing for the species
Identified in
column VI in table II
17.
Provisions for Lobster
Spring Lobster
season will begin
Fall Lobster
season will begin
Retention of
lobster with eggs attached is prohibited.
Retention of
lobsters of a size less than 67.5 mm (2 21/32 inches) is prohibited.
Escape Panels:
It is
prohibited to fish with or having on board a vessel a lobster trap unless that
lobster trap has in the exterior wall of each parlour, and not more than 76 mm
from the floor of the trap, at least one unobstructed rectangular opening with
the height of not less than 38.1 mm and the width of not less than 127 mm
Biodegradable:
It is
prohibited to fish with or have on board a vessel a lobster trap unless
the lobster trap has on the exterior wall or top of each parlour an escape
panel that provides when removed, an unobstructed opening not less than 89 mm
in height and 148 mm in width and that is fastened to the lobster trap with
either; (a) untreated cotton or sisal twine not greater than 5 mm in diameter;
(b) uncoated ferrous metal wire, other than stainless steel, not greater than 2
mm in diameter; (c) is affixed to the lobster trap with a combination of
untreated softwood and cotton or sisal twine not greater than 5 mm in diameter,
or uncoated ferrous metal wire, other than stainless steel, not greater than 2
mm in diameter; (d) is a wooden trap that has in the exterior wall of each
parlour, two softwood lathes that are adjacent to each other and not treated
with a wood preservative and that provides an opening, when removed, not less
than 89 mm in height and 148 mm in width.
Where the
escape panel is affixed to the outside exterior wall of each parlour, the panel
may be permanently hinged at the top or bottom of the panel. Where the escape
panel is affixed to the inside exterior wall of each parlour, the panel must be
fastened at all points with either; uncoated cotton or sisal twine not greater
than 5 mm in diameter, or uncoated ferrous metal wire, other than stainless
steel, not greater than 2 mm in diameter. Untreated softwood traps meet these
requirements without any modifications. Wire mesh traps equipped with an
untreated softwood door that provides when removed, an unobstructed opening not
less than 89 mm in height and 148 mm in width in the exterior wall or top of
each parlour also meet these requirements.
No material or
device of any kind shall obstruct the hoop entrance of the trap.
While fishing
for lobster under the authority of the EFN Fishery Act, any male rock crab
caught incidentally that are greater than 102 mm in width, may be retained.
While fishing
for lobster under the authority of the EFN Fishery Act, no crushing of retained
crab may take place at sea where such crushing would prevent the ready
identification of the species and sex of the crab, and the ready determination
of the size, and total weight of the retained crab.
While fishing
for lobster under the authority of the EFN Fishery Act, no person shall retain
any female lobster upon which the second uropod in, from the right side of the
tail has been V-notched (seen from the top rear view)
While fishing
for the lobster under the authority of the EFN Fishery Act, all ground fish
incidentally caught may be returned to the water.
All lobster
traps must be tagged with valid fisheries tags provided by the Natural Resource
Management Division, and buoys must be marked with the letters EFN and the
fishermen’s band number. See Article 10.
18.
Provisions for Snow Crab
Snow Crab will
be fished as a "community allotment". EFN fishery workers will fish
the "community allotment". They will be paid a salary and all
remaining proceeds will be placed in the royalty program.
EFN Fishermen
fishing for snow crab will be required to maintain a log book of their fishing
activities.
Log Book:
Dockside Monitoring:
a) The
following information must be hailed (for purpose of this Management Plan, hail
means "to call in or communicate the information requested below to the
appropriate people/company) from sea to a designated dockside monitoring
company at least three (3) hours prior to arriving at the port, or such shorter
period of time as may be agreed upon with the monitoring company. This
information must be provided while operating or carrying out fishing activity
under this management plan and prior to entering a port for any reason.
You will be
issued a confirmation number by the dockside Monitoring Company confirming that
your hail has been received. This number is to be made available when requested
by a Natural Resource Protection Officer. This number is to be recorded.
b) You may
off-load your catch in one of the following designated ports:
Eastern New
Brunswick:
c) Off-loading
of catch may only be carried out:
d) You are
required to have your catch verified by weight and species of fish by an observer
(Dockside monitor). No off-loading of any fish may occur in the absence of a
Dockside monitor. Also, you may be required to have your catch sampled by NRPD
Officers to conduct biological examinations and sampling of fish.
e) You are
required to separate your fish by species and product form prior to having your
catch weighed and you are required to weigh all your catch, including all fish
to be utilized by you and your crew. Except for the weight of the containers,
there shall be no reduction from the weight after the fish has been weighed for
ice, water, slime, gills, and other things
f)You are
required to provide access to your vessel including all fish holds, containers,
and other things, by a Dockside monitor for the purpose of verifying the
species and the amount of fish caught and retained and observing the landing of
all fish and recording the weight or quantity of all off-load fish.
Record of Quota:
You are
required to maintain at all times on board the fishing vessel, an up to date
record of all catches and cumulative catches by stock areas and product form as
well as your remaining individual quota (if applicable). These records are to
be made available immediately upon request of a NRPD Officer.
On board monitoring:
Officers of the
NRPD may on occasion accompany the vessel for the purpose of monitoring the
fishing operation.
Gear:
a)
Biodegradable escape mechanism-
No person shall
fish with, or have on board a vessel, a crab trap unless the trap is equipped
with an acceptable biodegradable escape mechanism installed in an unobstructed
horizontal opening made by opening 5 meshes starting on the side, one vertical
mesh up from the lower portion of each trap:
b) Trap
equivalence-
one standard
trap (maximum 2.1 cubic meters) may be replaced by two (2) conical traps each
of which having a maximum circular base diameter of fifty four (54) inches
(137cm)
c) Mesh size -
No person shall
fish with or have onboard a vessel a crab trap that has a mesh size greater
than 75 mm or less than 65 mm.
White Crab:
No person shall
return to the water ant snow crab which has a carapace greater than 95 mm
unless it has recently molted and has all of the following characteristics:
Other:
While fishing
under the authority of the EFN Fishery Act, no person on the vessel may
participate in recreational fishing for any species.
19.
Provisions for Salmon
Every member of
EFN who catches and retains a salmon in accordance with this management plan
shall forthwith securely lock or seal on the salmon a salmon tag that has been
issued by the Natural Resource Management Division and shall do so in
accordance with the design of the tag and so that it can not be removed without
tampering with the lock or seal, breaking or cutting the tag or cutting or
tearing any part of the salmon.
This management
plan does not allow fishing by jigging in inland waters or assisting in fishing
by jigging in inland waters. Any designated person who catches a salmon or
trout by hooking it in a part of its body other than the mouth shall
immediately return the fish to the water from which it was caught and where the
fish is alive, release the fish in a manner that causes the least harm to it.
All gill nets
and other set fishing gear shall be identified by a white floating buoy
prominently displaying the initials EFN and the registry number assigned to the
fisherman. The fisherman’s registry number shall be the only number displayed.
All gill nets,
trap nets and fishing gear must be set in a manner so that one-third of the
width of any river or stream and not less than two-third of the main channel at
low tide in every tidal stream shall be always left open, and no kind of net or
other apparatus, logs or any material of any kind shall be used or placed
therein
Salmon gill
nets will be fished five days a week.
In the waters
of the
In the
20.
Provisions for Rock Crab
Quantity:
The
maximum quantity of rock crab that is permitted to be fished by a permit is 35
metric tons using a maximum of 100 traps.
Tags:
Each
rock crab trap will be tagged with tags provided by the NRMD.
Gear:
Rock
crab fishing gear may include pyramidal and/or conical crab trap and/ or
modified lobster traps.
When fishing with modified lobster traps:
When fishing with a conical or pyramidal crab
trap:
e.
You shall not fish with or have on board a vessel a crab trap unless
the trap is equipped with a biodegradable escape mechanism installed in an
unobstructed horizontal opening made by opening five (5) meshes starting on the
side, one vertical mesh up from the lower portion of each trap: (i) galvanic
time release mechanism of 100m days or less, each ring tied with twine and
interlaced to each mesh of the opening and fastened at the extremities; or
(ii)a soft laid and untreated cotton twine #60 or #96 or equivalent (5 mm
diameter or less) fastened to the other extremity of the mesh opening,
interlaced once through each mesh and fastened to the other extremity. Also,
each trap must have a minimum of one unobstructed circular opening, the
diameter of which is no less than 63.5 mm (2 ½ inches) and not more than 76.2
mm (3 inches ), in the exterior wall of the trap and not more than 76 mm from
the floor of the trap.
Minimum size:
The minimum
size of rock crab permitted to be retained under this management plan is 102 mm
(4 inches) carapace length.
Log Book:
Dockside Monitoring:
a) The
following information must be hailed (for purpose of this Management Plan, hail
means "to call in or communicate the information requested below to the
appropriate people/company) to a monitoring company at least two (2) hours
prior to arriving at the wharf, or such shorter period of time as may be agreed
upon with the monitoring company... This information must be provided while
operating or carrying out fishing activity under this management plan and prior
to entering a port for any reason.
·
The vessel name
·
The vessel registration number if available
·
The captain’s name and name of First Nation
·
The fishing area or sub-area where the fish were taken
·
All of the species of fish which have been caught and retained
·
The landing port and off-loading site
·
The date and estimated time of arrival at the landing port
·
The estimated time of off-loading
·
The estimated quantity of fish by species on board the vessel.
Monitoring
company - Pese-Peche, phone number 506-336-1400 or 506-336-1402, fax number 506
336-1401
b) Off-loading
of catch may only be carried out:
·
After you receive an authorization number from an
observer(dockside monitor) designated under article 30 of this management plan
and this authorization number must be entered into in your log book, if
applicable, or otherwise entered in your record, and
·
under the supervision of an observer(Dockside monitor)
c.
You are required to have your catch verified by weight and species
of fish by an observer (Dockside monitor). No off-loading of any fish may occur
in the absence of a Dockside monitor. Also, you may be required to have your
catch sampled by NRPD Officers to conduct biological examinations and sampling
of fish.
d.
You are required to separate your fish by species and product form
prior to having your catch weighed and you are required to weigh all your
catch, including all fish to be utilized by you and your crew. Except for the
weight of the containers, there shall be no reduction from the weight after the
fish has been weighed for ice, water, slime, gills, and other things
e.
You are required to provide access to your vessel including all
fish holds, containers, and other things, by a Dockside monitor for the purpose
of verifying the species and the amount of fish caught and retained and
observing the landing of all fish and recording the weight or quantity of all
off-load fish.
Record of Quota:
You are
required to maintain at all times on board the fishing vessel, an up to date
record of all catches and cumulative catches by stock areas and product form as
well as your remaining individual quota (if applicable). These records are to
be made available immediately upon request of a NRPD Officer.
Obstruction:
That
the vessel or the fishing gear used not interfere in any way with other
fisheries in the area.
Incidental catch:
All
species inadvertently caught during this fishery must be returned immediately
to the water from which they were taken.
On board monitoring:
Officers of the NRPD may on occasion accompany the vessel for the purpose of
monitoring the fishing operation.
21.
Provisions for Herring and Mackerel
Quantity:
The
maximum amount of herring or mackerel authorized by a fishery permit that you
may retain on a weekly basis from noon Sunday to noon the following Sunday is
272,160 kg(600,000 lbs.) or 2400 barrels:
(1 barrel = 250
lbs.) or 52.86 cu. meters (1866 cu. Ft.)
a.
You must only use the unit of measurement kg (lbs.) when the fish
is weighed. When the fished is not weighed, you must use a volume unit of
measurement as identified above. You must only use one unit of measurement to
establish the total amount of fish caught and retained in a fishing trip.
Monitoring:
1.
You are required to separate your fish by species and product form
prior to having your catch weighed and you are required to weigh all your
catch, including all fish to be utilized by you and your crew. Except for the
weight of the containers, there shall be no deduction from the weight after the
fish has bee weighed for ice, slime, gills, and other things.
2.
Off-loading of catch may only be carried out:
·
After you receive an authorization number from an
observer(dockside monitor) designated under article 30 of this management plan
and this authorization number must be entered into in your log book, if
applicable, or otherwise entered in your record, and
·
under the supervision of an observer(Dockside monitor)
3.
You are required to provide access to your vessel including all
fish holds, containers, and other things, by a Dockside monitor for the purpose
of verifying the species and the amount of fish caught and retained and
observing the landing of all fish and recording the weight or quantity of all
off-load fish.
Gear:
1.
You are authorized to fish a maximum total length of 3000
fathoms of gill nets with each net not being more than 125 meshes deep. The
minimum mesh size is 57.1mm (2 ¼ inches).
2.
You shall not fish with or have on board your vessel any herring
gill nets that are not tagged with valid EFN tags issued by the NRMD. The tag
or tags must be securely attached to one end of the gill net or fleet of nets,
on the headline. For each 15.5 fathoms of gill net, one tag is required.
Each Herring
permit will have 32 tags issued.
Dockside Sampling:
You are
required to have your catch verified by weight and species of fish by an observer
(Dockside monitor). No off-loading of any fish may occur in the absence of a
Dockside monitor. Also, you may be required to have your catch sampled by NRPD
Officers to conduct biological examinations and sampling of fish.
Other:
While
fishing under the authority of the EFN Fishery Act, no person on the vessel may
participate in recreational fishing for any species.
22.
Provisions for Bait
Fishing for
bait is authorized from the date of issuance of the permit until
You are
permitted to fish for bait with a total of 200 fathoms of gill nets. Each
fishing vessel may have on board a maximum of 50 fathoms of gill net in total
length for all species. Nets are also restricted to a maximum of 125 meshes
deep. The minimum mesh size for all species is 57.1 mm (2 ¼ inches) for the
period of January 1 to June 30, 2000 and 66.7 mm (2 5/8 inches) for the period
July 1 to December 31, 200.
The maximum
amount of herring and mackerel you are permitted to catch and retain at any
time is 2,000 lbs or 38 cu. ft. in total. You are restricted to one fishing
trip per calendar day.
While fishing
under a herring or mackerel permit, bait permits are not valid. Furthermore,
you shall not fish your bait permit in the same calendar day have landed
herring or mackerel under a commercial permit.
23.
Provisions for Scallop
To Be Announced
before the Scallop fishing season. A supplement will be added to this management
plan to address scallop fishing.
24.
Designated Protected species
EFN will
designate Protected Species for the purpose of conservation. Any species in EFN
waters that is identified as endangered will be protected by EFN. The NRPD will
actively patrol areas with protected species in order to ensure that no one is
disturbing that Protected Species. Conservation measures will be enacted in
order to ensure the survival of the species. Restrictions in the form of
conservation measures will be fully enforced in EFN waters by the NRPD.
EFN will also pursue a restoration philosophy for endangered species.
Notice will be
given to EFN fishermen of any endangered species and conservation measures used
to protect them.
25. EFN
Protected Areas
EFN will
declare Protected Areas as a means of protecting endangered species or
ecosystems. EFN protected areas are but one means of the conservation and
restoration philosophy. The EFN Protected Areas will be patrolled by the NRPD
to deter any violators of the protected areas. Any violators will be fully
prosecuted in accordance with the EFN management plan and EFN Fishery
Regulations.
Notice will be
given to EFN fishermen concerning EFN Protected Areas and signs will be posted
with violation and consequences on the boundaries of the protected areas.
26. EFN
Prohibited Areas
EFN will
declare Prohibited Areas for health and safety reasons. Any area where a
species that could cause health concerns to members of EFN due to such problems
as contamination will be marked by posted signs. The contaminated species in
the area will be displayed on the posted sign and the consequence of ingesting
such species along with it. The NRPD will patrol the EFN Prohibited Area to
ensure that no one fishes the contaminated species for their own good.
Notice will
also be given to the EFN Fishermen concerning the contaminated species and the
boundaries of its location.
27. Resource
allocation
Access to
resources by means of license, permit or tag will be allocated in a fair and
equitable manner. The Natural Resource Management Division will be responsible
for the distribution of the means (license, permits and/or tags) of managing
access to the resource. The NRMD will first consider conservation of the
species then determine a process that is the fairest and most equitable means
managing access to the resource to all members of EFN.
Any limitations
on EFN fishing effort will be for conservation purposes only.
If a particular
species is too limited then a "community allotment" will be
designated by NRMD. This species will be fished by EFN fishery workers, who
will be paid a salary for their work, and the rest of the remaining monies will
be placed in the royalty program for equal distribution to all members of EFN.
Transferability:
Licenses and
permits are non-transferable.
Only during the
fall lobster season can tags be transferred. The tags can be transferred only
if the recipient is an elder who can’t fish, a disabled person who can’t fish
or a member of EFN who does not posses the equipment to fish.
Duration:
Licenses and
permits will have a specified duration period written on them.
Tags will have
the duration period that has been set out in table II.
28. Resource
usage
All Mi’kmaq
members of EFN are at "Free Liberty" to use or dispose of at best advantage
any fish caught in compliance with the EFN Management Plan.
29. Use of
landing sites and landing slips
The NRMD will
designate landing areas and use landing slips for three reasons. First, to be
able to monitor the EFN fishing effort so as not to violate the conservation
effort. Secondly, to properly manage the EFN fishery effort. Thirdly, to ensure
compliance with the Royalty program.
EFN will have
three authorized landing sites;
a.
The Burnt
b.
The Paul’s slip (on
c.
The new bridge
30. Use of
Dockside monitors
For species
that are fished where landings will not be at the EFN designated landing sites,
Dockside monitors will be employed. The NRPD will be responsible for
designating dockside monitors. The dockside monitor will be tasked with
monitoring returning EFN vessels and their catch. The dockside monitor will
collect their copy of the landing slip before the fishermen sell their catch.
Buyers of fish
caught by EFN fishermen will be expected to fully comply with the landing site
and landing slip system. A fish buyer must have all copies of landing slips to
correspond with fish that was purchased on EFN. If a buyer violates this system
he/ she will be asked to leave EFN immediately. In order to do business on EFN
buyers must consent to routine searches and checks by the NRPD.
31.
Variation orders and Supplements
Variation
orders can be issued for the following reasons;
a.
Conservation concerns
b.
To provide a equitable and proper management of the natural
resources
This management
plan is an interim measure designed to protect and promote the exercise of
Mi’kmaq, Maliseet and Passamaquoddy treaty rights. It was produced
expeditiously in order curb DFO’s effort to infringe upon Mi’kmaq, Maliseet and
Passamaquoddy treaty rights and to allow for the fishermen of EFN to exercise
their treaty right to fish. Because of the expeditious nature of the preparing
of this management plan supplements can be added on an on-going process to
further identify, define and expand on EFN fishing effort and management
measures.
32. The need
for EFN monitors on Guest Vessels
Other Mi’kmaq,
Maliseet and Passamaquoddy people fishing in EFN waters with a Guest
Fishermen’s Permit will require an EFN monitor on board the vessel. The Guest
Fishermen will be responsible for employing the EFN monitor.
The monitor
will keep a log of date, time, species caught, amount caught, captain of
vessel, Guest Fishermen’s Permit number, and be signed after every catch by a
member of the NRPD when the fishermen get their landing slip filled in.
The NRMD and
NRPD will have a contact list of EFN Monitors available for Guest Fishermen.
Only the EFN Monitors on the list will be recognized as official monitors by
the EFN.
33.
Violations of the Management Plan
EFN will police
its own natural resources and fishery effort. In doing so Natural Resource
Protection Officers will use enforcement measures to ensure compliance with
this Management plan.
In the event of
non-compliance to the EFN Management Plan, Natural Resource Officers will;
1.
The first violation will result in the Officer issuing a verbal
warning and record the incident in the Daily Activity Reports.
2.
The second violation will result in the seizure of the fishing
gear to be returned after two days.
3.
The third violation will result in the seizure of fishing gear to
be returned after one week.
4.
The fourth violation will result in the seizure of fishing gear
and revoking of tags, permit(s) and/or license(s). Fishing gear will be to be
returned after the fishing season and future tags, permit(s) and/or license(s)
will be issued only on a probationary condition.