The rules and regulations that apply to treaty Indians

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The following applies only to Treaty Indians.

Treaty Indians who hunt on a subsistence level (killing only enough to feed their families), hunt on unoccupied Crown land or have gained permission to hunt on private land, are generally not subject to Alberta's hunting legislation.

But, Indians who hunt on private land without getting permission from the land owner, or traffic (sell for profit) the meat or hides of animals hunted, can be charged under Alberta's Wildlife Act.

Laws which prevent the wasting of meat or hides of killed wildlife (eg. killing a mountain goat and taking only the horns), and trafficking, also apply to Indians, according to Alberta Fish and Wildlife Native liaison officer Ron Hansen. He adds that safety regulations, such as those which prohibit hunters from shooting too close to inhabited human dwellings, shooting from a highway, or travelling with loaded guns in the vehicle, apply to Treaty Indians just as they do to non-Native and non-status Indian hunters.

He stresses that Indians are free to exercise their treaty rights only when hunting big game and birds (such as ruff and spruce grouse) that are native to Alberta because these animals are under provincial legislation. However the hunting of migratory game birds is governed by federal legislation. Indians must follow the same legislation when hunting these birds as non-Natives, except they do not need a hunting license. This means Indians must comply with hunting season designations, bag limit, possession regulations and other regulations.

The fisheries act is also under federal legislation, so Indians between the ages of 16 and 64, must have a fishing license to angle or catch fish using a net. Licenses for both types of fishing can be obtained from the government at no charge.

"By issuing these fishing licenses, we can better manage our resources," explains Hansen.

An Indian who traps animals using the fur or meat for his own or his family's subsistence, is also free to exercise his Treaty rights, even though he may be trapping on another person's line.

But, if he sells the fur, then he must register his trapline or obtain a resident trapper's license says Hansen.