In British Columbia, Canada, the rules surrounding fishing licenses for First Nations people can be complex and nuanced. The short answer is that status Indians who are BC residents do not need a license or permit to hunt animals, trap, or freshwater fish, as long as they are harvesting for food, social, or ceremonial purposes within areas their First Nation traditionally used. However, there are some important caveats and considerations to keep in mind.
Aboriginal Harvesting Rights
First Nations people in BC have certain Aboriginal harvesting rights that are protected by law. These rights allow them to hunt, trap, fish, and gather resources for food, social, and ceremonial purposes in their traditional territories. These rights are based on the fact that Indigenous peoples have been using these resources for thousands of years before European contact.
To exercise these rights, a person must be a status Indian, meaning they are legally registered or entitled to be registered under the Indian Act. They must also be a resident of BC and be harvesting within areas their First Nation has traditionally used.
Fishing in Tidal Waters
While status Indians do not need a license to freshwater fish, the rules are different for fishing in tidal waters (saltwater). All recreational fishers, including juveniles (individuals under 16 years of age), are required to hold a Tidal Waters Sport Fishing License if fishing in tidal waters. This includes fishing for salmon in the ocean.
There is no concession fee or exemption for First Nations people when it comes to tidal waters fishing licenses. Everyone, regardless of their Indigenous status, must purchase a license to fish in saltwater.
Communal Licenses for First Nations
While individual status Indians do not need a license to fish in freshwater, First Nations organizations can obtain communal licenses from Fisheries and Oceans Canada for food, social, and ceremonial purposes. These licenses specify conditions such as species, quantity, methods, location, and times.
There are four main types of communal licenses for First Nations salmon fishing:
Single species licenses for a single salmon species
Multi-species licenses for salmon, herring, shellfish, etc.
Dry rack licenses for air-drying fish
Ceremonial licenses for limited fishing when stocks are low
First Nations can also obtain communal commercial licenses to participate in the general commercial salmon fishery.
Conservation and Public Safety
Even when exercising Aboriginal harvesting rights, First Nations people may be subject to certain restrictions for conservation and public safety reasons. This can include limited entry hunting permits, bag limits, hunting seasons, and prohibitions in national parks.
If there are conservation concerns about certain species, First Nations people may need to follow the same rules as other hunters and anglers, such as obtaining a limited entry hunting permit or observing bag limits. Public safety rules also apply, such as not hunting near residential areas or roads.