Kitsumkalum Agreement-in-Principle
CHAPTER 11 – WILDLIFE
General
1.
Kitsumkalum will have the right to harvest Wildlife for Domestic Purposes within the Harvest
Area throughout the year in accordance with the Final Agreement.
2.
The Kitsumkalum Right to Harvest Wildlife will be limited by measures necessary for
conservation, public health or public safety.
3.
The Kitsumkalum Right to Harvest Wildlife is held by Kitsumkalum and cannot be alienated.
4.
The Final Agreement will provide that if Canada and British Columbia enter into a treaty with a
Tsimshian First Nation, other than Kitsumkalum, that provides for harvesting of Wildlife by
Kitsumkalum Members in areas outside the Harvest Area, the Parties will negotiate and attempt
to reach agreement to amend the boundaries of the Harvest Area to include those additional
areas and to make other necessary amendments to the Final Agreement.
5.
The Kitsumkalum Right to Harvest Wildlife is a right to harvest in a manner that is consistent
with the communal nature of Kitsumkalum’s harvest for Domestic Purposes, and periods of
harvest as determined by Kitsumkalum.
6.
Kitsumkalum Members may exercise the Kitsumkalum Right to Harvest Wildlife except as
otherwise provided under Kitsumkalum Law.
7.
The Minister retains the authority for managing and conserving Wildlife and Wildlife habitat
and will exercise that authority consistent with the Final Agreement.
8.
The Final Agreement will not alter Federal Law or Provincial Law in respect of property in
Wildlife.
Harvest Areas
9.
The exercise of the Kitsumkalum Right to Harvest Wildlife in Area A of the Harvest Area set
out in Appendix F is subject to a protocol in effect between the Kitsumkalum Nation and the
Kitselas Nation.
10.
Before the Final Agreement, the Parties will address the exercise of the Kitsumkalum Right to
Harvest Wildlife in Area B of Appendix F.
11.
The Kitsumkalum Nation will provide a copy of a protocol referred to in paragraph 9 and any
amendments to Canada and British Columbia and will notify Canada and British Columbia if a
protocol is cancelled.
BC Reasonable Opportunity Language
12.
British Columbia may authorize the use or disposition of provincial Crown lands, and any
authorized use or disposition may affect the method, times and locations of harvesting Wildlife
under the Kitsumkalum Right to Harvest Wildlife, provided that British Columbia ensures that
those authorized uses or dispositions do not deny Kitsumkalum the reasonable opportunity to
harvest Wildlife under the Kitsumkalum Right to Harvest Wildlife.
Page 67 of 140