posted May 11, 2000

Draft for EFN Management Plan

Prepared by
James Ward and Lloyd Augustine

 

 

I. Interpretation

" Mi’kmaq, Maliseet and Passamaquoddy Traditional Territorial Lands" Means the traditional territories of the Mi’kmaq, Maliseet, and Passamaquoddy Peoples consisting of New Brunswick, Nova Scotia, Prince Edward Island, Gaspe, St. Pierre and Miquelon, Maine and the internal and Marine waters contained within.

"Mi’kmaq, Maliseet and Pass. Territorial Waters"
Means all waters of the Traditional Territories of the Mi’kmaq, Maliseet and Passamaquoddy Nations including freshwater, inshore and offshore zones.

"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:

  1. parts of fish
  2. shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and
  3. the eggs, sperm, spawn, larvae, spat, and juvenile stages of fish, shellfish, crustaceans and marine animals;

 

"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 Esgenoopotitj 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 06:00 HRS 29 April 2000

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, Listigutj 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;

  1. The Natural Resource Protection Agency (NRPA)
  2. The Natural Resource Tribunal (NRT)
  3. The Natural Resource Council (NRC)
  4. The Natural Resource Treasury (NRTRS)

An organizational chart is located in appendix B

The Natural Resource Protection Agency

The Natural Resource Protection Agency (NRPA)has two roles;

  1. To manage EFN natural resource
  2. To protect EFN natural resource

In order to fulfill those roles the NRPA will be organized into two divisions;

  1. The Natural Resource Management Division (NRMD)
  2. The Natural Resource Protection Division (NRPD)
  3. The Natural Resource Management Division

The NRMD will be tasked with the role of management of EFN natural resources.

The NRMD will have 5 members to operate the NRMD;

  1. The Division Manager
  2. Two members of the Administrative section
  3. Two members of the Technical consulting section

Duties and Responsibilities

A) The Division Manager will be responsible for all that his/her division does or fails to do. This includes;

  • Assigning daily tasks, duties and responsibilities to members of his/her division in order to fulfill the role of the division.
  • Preparing a strategic plan on how to fulfill his/her division’s role.
  • Identification, acquisition and allocation of resources for EFN fishery.
  • Preparing the division’s annual budget to be submitted to the NRTRS.
  • Preparing monthly status reports of his/her division to be submitted to Chief and Council.
  • Conducting any co-ordinations with the Chief and Council

B) The Administration Section will be responsible for;

  • Providing administrative support to the NRMD
  • Maintaining the EFN Fishery registries
  • Issuing Landing slips
  • Distributing tags, permits and/or licenses
  • Providing copies of the EFN Fisheries Act, EFN Management Plan, and the EFN Fishery Regulations.

C) The Technical Consulting Section will be responsible for;

  • Providing advice to the NRC pertaining to any matters in natural resources
  • Providing administrative support to the NRC
  • Conducting Strategic Conservation Planning in conjunction with the NRC
  • Maintaining an EFN fishery database

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;

  1. The protection of EFN fishermen, their vessels and equipment during the fishing season from any interference or molestation by any other group or individuals.
  2. The enforcement of EFN Regulations
  3. The compliance of fishermen to the EFN Management Plan

In order to complete their responsibilities, the NRPD will have a minimum of 14 members to operate the division.

  1. Unit Commander
  2. Executive Officer
  3. Four Team leaders
  4. Eight Protection Officers

Duties and Responsibilities

1) The Unit Commander (CO) will be responsible for all that the division does or fails to do. This includes;

  • Leading the unit
  • Organizing the unit
  • Tactical employment of the division’s members and equipment
  • Conducting or co-ordinating for the training of the unit
  • Personnel management of the unit
  • Conducting strategic, operational and tactical planning for the unit
  • Preparing monthly status reports of the division to be submitted to the Chief and Council
  • Preparing the annual division’s budget to be submitted to the NRTRS
  • Conducting any co-ordinations with the Chief and Council

2) The Executive Officer (XO) is the second in command and will be specifically responsible for;

  • Logistics. The Executive Officer is in charge of creating, organizing and managing a unit supply system
  • Distribution of supplies
  • Inventory of supplies
  • Unit Administration.
  • Manages the administration support for the unit
  • Assumes command of the unit when the Commander is absent

3) The Team Leader will be responsible for;

  • Leading the Team
  • Providing direction to the Team
  • Assigns duties, responsibilities, and tasks to members of the Team in order to accomplished assigned missions
  • Submits request for the supplies of the Team to the XO
  • Documents and collects Daily Activity Reports and Significant Incident Reports
  • Plans, organizes and leads patrols for his/her Team

4) Protection Officers will be responsible for,

  • Any individually assigned tasks, duties and/ or responsibilities directed by the Team Leader
  • Acts as a member of the Team in conducting patrols, surveillance, investigation, scientific Support Missions
  • Operates a vessel
  • Navigates a vessel
  • Issues and collects landing slips
  • Issues citations

Tasks

The NRPD will be assigned 6 tasks in order to successfully fulfill their responsibilities;

  1. Conduct Enforcement Patrols - The purpose of these type of patrols is to ensure compliance with EFN Management Plan and EFN Fishery Regulations. Patrol activities can include routine vessel inspections, catch inspections, safety checks
  2. Surveillance - Conducted in order to support Enforcement patrols to identify violators of the EFN Management Plan and EFN Fishery Regulations. Also directed against suspected transgressors.
  3. Investigation - Conducted to gather information and/or evidence against a person who is suspected of violating the EFN Management Plan and EFN Fishery Regulations
  4. Monitoring - Conducted to ensure orderly management of the EFN fisheries. Activities can include;
    1. Collecting of landing slips
    2. Shore based surveillance
    3. Manning landing sites
  5. Conduct Security Patrols - This function will encompass protection of the fishermen by conducting routine patrols in EFN waters and protecting the EFN fishermen’s property by conducting surveillance of the waters and active patrolling.
  6. Conduct Scientific Support Missions - The purpose of this function is to aid the biologist by gathering samples, information, documentation and any other assistance the biologist may need in order to conduct a thorough analysis of EFN’s ecosystem.

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;

  1. At least 18 years of age
  2. Have to be a Mi’kmaq member of EFN residing in Mi’kmaq Traditional territories.
  3. Have no conflict of interest with the accused or in natural resource matters
  4. Be a volunteer for the judiciary board

The NRT has the following powers to adjudicate over conflict in EFN natural resources;

  1. Withdraw, limit or suspend tags, permits and/or licenses
  2. Order the seizing of fishing equipment
  3. Order the seizing of fishing catch
  4. Impose fines

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 an 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;

  1. EFN Fishermen registry
  2. EFN Fishing vessels registry
  3. Same District fishermen registry
  4. Same district fishing vessels registry
  5. Other Mi’kmaq, Maliseet and Passamaquoddy fishermen registry
  6. Other Mi’kmaq, Maliseet and Passamaquoddy fishing vessels registry
  7. Leased non-native owned boats registry

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 assist 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, Listigutj, 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;

  1. Legible and unobstructed from view by aircraft, vessel or from shore
  2. Marked in solid block Arabic numerals
  3. Marked in white on a black background or black on a white background
  4. Aligned horizontally
  5. Located as high as practicable on both sides of the vessel
  6. Without ornamentation
  7. Dimension of the number in accordance with the table I
  8. If the structure of the vessel interferes with the marking of the vessel than the vessel’s numbers may be of smaller size but to the largest extent possible.

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;

  1. Floats and buoys will be marked with the letters EFN and Band numbers to designate that it belongs to an individual of EFN
  2. Marked in solid block Roman numerals
  3. Without ornamentation
  4. Not less than 75mm in height
  5. Traps and nets will be required to have an EFN issued tag fastened to it
  6. Fishermen using a Guest Fishermen’s Permit will mark their floats and buoys with the letters EFN GFP and the Permit number in compliance with the same requirements above

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’s 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 1 May 2000. The fishing season will be declared a General Fishing Season. There is no close time for the General Fishing Season because it applies to multiple species of fish that are available to fish at different times of the year. The General Fishing Season will be divided into smaller seasons based on the species itself and identified in table II.
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 29 April 2000. Traps can be placed in the water then. First haul of traps will take place on 1 May 2000.

Fall Lobster season will begin 21 August 2000 or after the molten season is over. Traps can be placed in the water then. First haul will take place on 23 August 2000.

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 groundfish 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:

  1. When fishing, you are required to maintain a true and up to date record of your fishing activities and catch in an EFN log book, which can be obtained at the Natural Resource Management Division.
  2. This log book must be completed as per instructions contained within the log book, at end of each fishing day and prior to entering a port.
  3. Immediately upon landing, you are required to provide a copy of the true and complete log book to an observer(Dockside Monitor) for verification. All copies intended for Natural Resource Management Division must be submitted to the Dockside monitor or as otherwise directed by NRMD.
  4. The logbook must be signed by the captain, the weighmaster and the observer(dockside monitor).

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.

  • 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.

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:

  • Caraquet
  • Lemeque
  • Shippagan

c) 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)

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:

  1. a galvanic time release mechanism of 100 days or less, each ring tied with twine and interlaced to each mesh of the opening and fastened at the extremities; or
  2. a soft laid and untreated cotton twine #60 or #96 or equivalent (5 mm diameter or less) fastened to the other extremity.

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:

  1. The carapace and the claws are clean and bright and have no organisms attached
  2. The ventral side is white and clean, and
  3. The claws are soft as defined by reading equal to or less than 68 on a durometer.

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 it’s 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 Miramichi Bay, fishing for salmon will occur between 06:00 am Monday and 12:00pm (noon) Saturday following, of each week fished. After the specified quantity of Multi-sea-winter or one-sea-winter salmon are caught, whichever comes first, NRMD should be notified.

In the Tabusintac river, fishing for salmon will occur between 07:00 am Wednesday through 07:00 am Monday following of each week fished. All gill nets must be removed from the water for the remainder of the following fishing season as soon as the target harvest for that river is reached.

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:

  1. The maximum size of trap is 10.5 sq. ft. At the base. The trap shall have on the top or on the upper portion of the hoop entrance, a rectangular entrance made of rigid metal and for which one dimension does not exceed 57.15 mm (2 ¼ inches). The hoop entrance of the modified lobster traps must be obstructed to prevent any fish from entering the trap. Also, the trap must have a minimum of two unobstructed circular openings, the diameter of each 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 each parlour in the trap and not more than 76 mm from the floor of the trap.
  2. You shall not fish with or have on board a vessel a modified lobster trap unless the trap has on the exterior wall or the upper part of each parlour an escape mechanism 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; 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 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.
  3. 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.
  4. You are allowed to use wooden lobster traps 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.

When fishing with a conical or pyramidal crab trap:

  1. 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:

  • When fishing, you are required to maintain a true and up to date record of your fishing activities and catch in an EFN log book, which can be obtained at the Natural Resource Management Division.
  • This log book must be completed as per instructions contained within the log book, at end of each fishing day and prior to entering a port.
  • Immediately upon landing, you are required to provide a copy of the true and complete log book to an observer(Dockside Monitor) for verification. All copies intended for Natural Resource Management Division must be submitted to the Dockside monitor or as otherwise directed by NRMD.

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)
  1. 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.
  2. 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
  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.

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.)

  1. 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)
  1. 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 31 December, 2000.

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 it’s 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;

  1. The Burnt Church Wharf
  2. The Paul’s slip (on Bayview Drive)
  3. 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 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;

  1. Conservation concerns
  2. 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 a 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 it’s 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.

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