Kitsumkalum Agreement-in-Principle
CHAPTER 13 - GATHERING
Gathering Rights
1.
Subject to the negotiation of the Gathering Area, Kitsumkalum will have the right to gather
Plants for Domestic Purposes on provincial Crown lands within the Harvest Area in accordance
with the Final Agreement.
2.
The Kitsumkalum Right to Gather Plants will be limited by measures necessary for
conservation, public health or public safety.
3.
Before the Final Agreement, the Parties will negotiate and attempt to reach agreement on the
provisions that set out a right to harvest Timber or Timber Resources for Domestic Purposes
within the Kitsumkalum Area.
4.
The Kitsumkalum Right to Gather Plants will be held by Kitsumkalum and cannot be alienated.
5.
Kitsumkalum Members may exercise the Kitsumkalum Right to Gather Plants except as
otherwise provided under Kitsumkalum Law.
6.
Kitsumkalum Members are not required to have federal or provincial licences or to pay any fees
or royalties to Canada or British Columbia relating to the exercise of the Kitsumkalum Right to
Gather Plants.
7.
The Final Agreement will not preclude Kitsumkalum Members from gathering Plants on
provincial Crown lands in accordance with Federal Law and Provincial Law.
8.
The Minister will retain authority for managing and conserving Plants and Plant habitat.
9.
The Final Agreement will not alter Federal Law or Provincial Law in respect of property
interests in Plants.
Reasonable Opportunity
10.
British Columbia may authorize uses of or dispose of provincial Crown lands, and any
authorized use or disposition may affect the methods, times and locations of gathering Plants
under the Kitsumkalum Right to Gather Plants, provided that British Columbia ensures that
those authorized uses or dispositions do not deny Kitsumkalum the reasonable opportunity to
gather Plants under the Kitsumkalum Right to Gather Plants.
11.
For the purposes of paragraph 10, 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
dispositions of provincial Crown land on Kitsumkalum’s reasonable opportunity to gather
Plants.
12.
The Kitsumkalum Right to Gather Plants 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 10.
Incidental Use
13.
Kitsumkalum Members may use resources on provincial Crown land for purposes reasonably
incidental to the exercise of the Kitsumkalum Right to Gather Plants subject to Federal Law and
Provincial Law.
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