Kitsumkalum Agreement-in-Principle
CHAPTER 12 – MIGRATORY BIRDS
General
1.
Kitsumkalum will have the right to harvest Migratory Birds for Domestic Purposes within the
Harvest Area throughout the year in accordance with the Final Agreement.
2.
The Kitsumkalum Right to Harvest Migratory Birds will be limited by measures necessary for
conservation, public health or public safety.
3.
Kitsumkalum Members may exercise the Kitsumkalum Right to Harvest Migratory Birds except
as otherwise provided under Kitsumkalum Law.
4.
The Kitsumkalum Right to Harvest Migratory Birds will be held by Kitsumkalum and cannot be
alienated.
5.
The Minister retains authority for managing and conserving Migratory Birds and Migratory
Bird habitat.
6.
Kitsumkalum Members will not be required to have federal or provincial licenses, or pay fees or
royalties to Canada or British Columbia relating to the Kitsumkalum Right to Harvest Migratory
Birds.
7.
Nothing in the Final Agreement will affect Canada’s ability to require Kitsumkalum Members
to obtain licenses for the use and possession of firearms under Federal Law on the same basis as
other aboriginal people of Canada.
8.
The Final Agreement will not alter Federal Law or Provincial Law in respect of property in
Migratory Birds.
Harvest Areas
9.
The exercise of the Kitsumkalum Right to Harvest Migratory Birds in Area A of the Harvest
Area set out in Appendix F is subject to a protocol in effect between Kitsumkalum and the
Kitselas First Nation.
10.
Before the Final Agreement, the Parties will address the exercise of the Kitsumkalum Right to
Harvest Migratory Birds in Area B of Appendix F.
11.
Kitsumkalum 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.
Provincial Reasonable Opportunity
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
Migratory Birds under the Kitsumkalum Right to Harvest Migratory Birds, provided that British
Columbia ensures that those authorized uses or dispositions do not deny Kitsumkalum the
reasonable opportunity to harvest Migratory Birds under the Kitsumkalum Right to Harvest
Migratory Birds.
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 uses and
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