Kitsumkalum Agreement-in-Principle
Documentation
22.
The Kitsumkalum Government will issue documentation to Kitsumkalum Members to harvest
or transport Wildlife under the Kitsumkalum Right to Harvest Wildlife in the Harvest Area.
23.
Documentation issued under paragraph 22 will:
a)
be in the English language, which version is authoritative, and, at the discretion of
Kitsumkalum, in the Sm’algyx language;
b)
include sufficient information to identify the Kitsumkalum Member; and
c)
meet any other requirements under Kitsumkalum Law.
Conservation Measures of a Wildlife Species
24.
The Minister may establish or vary conservation measures in respect of Wildlife species in the
Harvest Area.
25.
The Minister will Consult with Kitsumkalum regarding a conservation measure, proposed by
the Minister or Kitsumkalum, related to a Wildlife species within the Harvest Area, including
the role of Kitsumkalum in the development and implementation of the conservation measure.
26.
When considering a conservation measure under paragraph 24, the Minister will take into
account all relevant information, including:
a)
the conservation risk to the Wildlife species;
b)
the population of the Wildlife species:
c)
i)
within the Harvest Area; and
ii)
within its normal range or area of movement outside the Harvest Area; and
the necessity for and the nature of the proposed conservation measure.
27.
Before authorizing the implementation of a conservation measure which will affect the
Kitsumkalum Right to Harvest Wildlife, the Minister will use reasonable efforts to minimize the
impact of the conservation measure on the Kitsumkalum Right to Harvest Wildlife.
28.
The Minister will provide to Kitsumkalum:
a)
a copy of any approved conservation measure in respect of a Wildlife species within the
Harvest Area; and
b)
at the request of Kitsumkalum written reasons for the adoption of that conservation
measure.
29.
If the Minister determines that establishing or varying an Allocation for Kitsumkalum is the
necessary conservation measure, British Columbia and Kitsumkalum will negotiate and attempt
to reach agreement on that Allocation.
30.
If British Columbia and Kitsumkalum fail to agree on an Allocation or variation under
paragraph 29, the dispute will be finally determined by arbitration under the Dispute Resolution
Chapter.
31.
In determining the Allocation or variation under paragraph 29, the arbitrator must take into
account all relevant information provided by Kitsumkalum and British Columbia.
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