Environment Canada has asked NBAPC to gather information on waterfowl harvesting needs and activities of our members and to share our views on a possible future Waterfowl harvesting regime. At present, there is no co-management agreement on Migratory Birds in place with NBAPC. However, Article II of the Migratory Birds Convention between Canada and the U.S., recognizes that Aboriginal peoples with rights under the Constitution are not subject to a close season and normal bag limits.

Notwithstanding the close season provisions in paragraph 1 and the prohibition on the taking of eggs in Article V, and respecting aboriginal and indigenous knowledge and institutions:

(a) In the case of Canada, subject to existing aboriginal and treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982, and the regulatory and conservation regimes defined in the relevant treaties, land claims agreements, self-government agreements, and co-management agreements with Aboriginal peoples of Canada:

(i) Migratory birds and their eggs may be harvested throughout the year by Aboriginal peoples of Canada having aboriginal or treaty rights, and down and inedible by-products may be sold, but the birds and eggs so taken shall be offered for barter, exchange, trade or sale only within or between Aboriginal communities as provided for in the relevant treaties, land claims agreements, self-government agreements, or co-management agreements made with Aboriginal peoples of Canada

In light of our un-surrendered rights and titles and our existing Treaty rights in New Brunswick, NBAPC would like your views on the current harvesting activities and needs of you and your family and community, and the kind of approach you would like to see taken to develop a co-management harvesting regime.

"New Brunswick has much less wetland habitat today than a century ago, and we continue to lose wetlands every year," Natural Resources and Energy Minister Jeannot Volpé said. All peoples within New Brunswick find it most important to maintain and preserve the wetlands in our Province.

“The water to us is held in high esteem because of the special relationship our people had with it. The Wolastoq, its tributaries, ands and forests provide and abundance of food, materials and medicines.” Elder Wolastoqiyik Many Aboriginals in the province of New Brunswick partake in seasonal activities, which include the harvesting of waterfowl. Waterfowl has been a source of food and parts that are not consumed are honoured by incorporating in dress and in ceremony.

Why is Waterfowl and wetlands such an important issue for Aboriginals in New Brunswick? It is said that only 4% of the land base remains to be wetland habitat in New Brunswick. Costal marsh, floodplain, fresh water inlands, and inland bog areas is home to many species that aboriginal communities use for ceremonial basis, such as sweet grass, moose, fish species and our Waterfowl.

What is our responsibility to the land? Currently the NBAPC has taken a role in education in the area of Waterfowl in New Brunswick. Waterfowl topic is a complex mixture of environment, habitat, and re-introduction of species. It is our responsibility to know the impacts that we have on our environment so that our children and those who are to come, understand and assist in maintaining for all time.

To maintain waterfowl always have a healthy environment, some easy simple steps have been outlined by the Government of New Brunswick.

• Never in-fill wetlands

• Maintain a buffer of natural vegetation along the waterways, dune, wetlands and cliffs.

• Rely on natural features like buffers and dunes for protection rather than installing erosion control structures.

• Maintain an efficient septic system

• Reduce the use of pesticides and fertilizers

• Refuel your boat on shore to avoid oil and fuel spills at sea

• Do not drive on the beach and dunes

• Share you land with wildlife.

Crown Lands and Forests Act
http://www.canlii.org/nb/laws/sta/c-38.1/20050214/whole.html

Clean Environment Act
http://www.gnb.ca/acts/acts/c-06.htm

Clean Water Act
http://www.gnb.ca/acts/acts/c-06-1.htm

Canada Wildlife Act
http://laws.justice.gc.ca/en/W-9/

Canadian Environmental Assessment Act
http://laws.justice.gc.ca/en/C-15.2/

Environment Canada Green Lane Topics
http://www.ec.gc.ca/wild_e.html