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Wildlife conservation measures should take precedence over hunting rights guaranteed in the treaties, a spokesman for the Alberta Fish and Game Association
said recently.
"The preservation of wildlife should take precedence over treaty rights," said
Andy von Busse, a representative of the lobby group, which claims more than 15,000 members.
"In today's environment it is unrealistic that Natives have unlimited hunting and fishing rights in areas that they have no access to," he told the Royal Commission on Aboriginal Peoples at their Edmonton hearing.
The booming Native population and the hunting methods of certain "unethical individuals" are putting an unbearable strain on wildlife, von Busse said. Among the abuse he cited were night hunting, with lights and semi-commercial harvests with people storing game in refrigerated vans for later sales.
Von Busse said the traditional dependence on hunting and fishing had changed since the signing of the treaties almost 100 years ago. The laws need to be changed so that hunting rights reflect modern concerns and are brought in line with regulations controlling other activities like resource development and hunting by non-natives.
"Native hunting rights are an emotional issue," he said. "(But) the present regime cannot be maintained."
Commission member Allan Blakney said von Busse would have a hard time getting his point across because many Natives believe the treaties represent a trade of farm land for other guarantees.
"In their judgment, non-treaty society got their part of the bargain. They can farm," he said.
"I wonder how much of the fish and game has been spoiled by pulp mills and farming," said Pat Shirt, the director of Poundmaker's Lodge, who was sitting with the commission.
Von Busse presented a written brief to the commission outlining concerns, including a lack of equality between Native and non-Native hunters and wildlife management costs to taxpayers.
The brief recommends that special hunting and fishing rights off reserve lands should be subject to negotiations between governments and treaty organizations. It also says Natives should be involved in wildlife co-management and that individual bands have the authority to make and enforce conservation bylaws for reserve land that overrides treaty guarantees.
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