Kitsumkalum Agreement-in-Principle
13.
For the purposes of paragraph 12, Kitsumkalum and British Columbia will negotiate and
attempt to reach agreement by the Effective Date on a process to evaluate the impact of the uses
or dispositions of provincial Crown land on Kitsumkalum’s reasonable opportunity to harvest
Wildlife.
14.
The Kitsumkalum Right to Harvest Wildlife 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.
Kitsumkalum Members may use the resources on provincial Crown land for purposes
reasonably incidental to the exercise of the Kitsumkalum Right to Harvest Wildlife, 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 administered or
occupied by that department or agency by Kitsumkalum Members in accordance with that
agreement and Federal Law and Provincial Law.
Harvesting on Fee Simple Lands
17.
Kitsumkalum Members may exercise the Kitsumkalum Right to Harvest Wildlife on lands that
are privately owned in fee simple off Kitsumkalum Lands, but access for the purposes of
harvesting will be in accordance with Federal Law and Provincial Law.
18.
If lands owned by another First Nation fall within the Harvest Area, Kitsumkalum Members
may exercise the Kitsumkalum Right to Harvest Wildlife on those lands, provided access for
purposes of harvesting will be in accordance with Federal Law and Provincial Law and the laws
or agreements of the other First Nation respecting access to those lands.
Licences and Fees
19.
Kitsumkalum Members will not be required to have federal or provincial licences or pay any
fees or royalties to Canada or British Columbia relating to the Kitsumkalum Right to Harvest
Wildlife.
20.
Nothing in the Final Agreement will affect Canada’s ability to require Kitsumkalum Members
to obtain licences or registration certificates, where applicable, for acquisition, possession,
transport, carrying and use of firearms under Federal Law.
Harvesting Outside the Harvest Area
21.
The Final Agreement will not preclude Kitsumkalum Members from harvesting Wildlife outside
of the Harvest Area throughout 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.
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