Kitsumkalum Agreement-in-Principle
dispositions of provincial Crown land on Kitsumkalum’s reasonable opportunity to harvest
Migratory Birds.
14.
The Kitsumkalum Right to Harvest Migratory Birds will be exercised in a manner that does not
interfere with authorized uses or dispositions of provincial Crown land existing as of the
Effective Date or authorized in accordance with paragraph 12.
Incidental Use
15.
In the Kitsumkalum Harvest Area, the use of resources on Crown land for purposes reasonably
incidental to the exercise of the Kitsumkalum Right to Harvest Migratory Birds is subject to
Federal Law and Provincial Law.
Harvesting on Federal Crown Lands
16.
The Final Agreement will not preclude Kitsumkalum from entering into an agreement with a
federal department or agency that provides for access and harvesting on land owned or in use by
that department or agency by Kitsumkalum Members in accordance with that agreement and
Federal Law and Provincial Law.
Harvest
17.
The Final Agreement will not preclude Kitsumkalum Members from harvesting Migratory Birds
anywhere in Canada in accordance with:
a)
Federal Law and Provincial Law;
b)
any agreements, that are in accordance with Federal Law and Provincial Law, between
Kitsumkalum and other aboriginal people; or
c)
any arrangements between other aboriginal people and Canada or British Columbia.
Trade and Barter
18.
Kitsumkalum and Kitsumkalum Members, in accordance with any Kitsumkalum Law under
paragraph 24, have a right to Trade and Barter Migratory Birds harvested in accordance with the
Final Agreement between themselves, or with other aboriginal people of Canada.
Sale of Migratory Birds
19.
20.
Kitsumkalum and Kitsumkalum Members may sell Migratory Birds harvested under the Final
Agreement in accordance with:
a)
any Federal Law and Provincial Law that permit the sale of Migratory Birds; and
b)
any Kitsumkalum Law enacted under paragraph 24.
Notwithstanding paragraph 19, Kitsumkalum and Kitsumkalum Members may sell inedible
byproducts, including down, of Migratory Birds harvested under the Final Agreement in
accordance with any Kitsumkalum Law under paragraph 24.
Transport and Export
21.
Kitsumkalum and Kitsumkalum Members may transport Migratory Birds and inedible
byproducts, including down, harvested under the Final Agreement in accordance with Federal
Law and Provincial Law and Kitsumkalum Law under paragraph 27.
22.
Notwithstanding paragraph 21, Migratory Birds harvested under the Final Agreement may be
transported within Canada throughout the year.
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