Kitsumkalum Agreement-in-Principle
23.
Kitsumkalum and Kitsumkalum Members may, in accordance with Federal Law and Provincial
Law, export Migratory Birds, and their inedible by-products, including down, harvested under
the Kitsumkalum Right to Harvest Migratory Birds.
Law-Making
24.
The Kitsumkalum Government may make laws in respect of the Kitsumkalum Right to Harvest
Migratory Birds for:
a)
the designation of Kitsumkalum Members who may harvest Migratory Birds under the
Final Agreement;
b)
the administration of documentation of those individuals authorized to harvest under the
Kitsumkalum Right to Harvest Migratory Birds;
c)
the distribution of harvested Migratory Birds to Kitsumkalum Members;
d)
the methods, timing, and location of harvest of Migratory Birds under the Final
Agreement;
e)
the Trade and Barter of Migratory Birds harvested under the Final Agreement;
f)
the sale of inedible byproducts, including down, of harvested Migratory Birds; and
g)
other matters agreed to by the Parties.
25.
Kitsumkalum Law under paragraph 24 prevails to the extent of a Conflict with Federal Law or
Provincial Law.
26.
The Kitsumkalum Government may make laws in respect of the Kitsumkalum Right to Harvest
Migratory Birds for:
a)
the management of Migratory Birds and Migratory Bird habitat on Kitsumkalum Lands;
b)
the sale of Migratory Birds, other than their inedible byproducts, if permitted by Federal
Law and Provincial Law; and
c)
other matters agreed to by the Parties.
27.
The Kitsumkalum Government will make laws to require all individuals who harvest or
transport Migratory Birds under the Kitsumkalum Right to Harvest Migratory Birds to carry
documentation issued by the Kitsumkalum Government and produce that documentation on
request by an authorized person.
28.
Federal Law or Provincial Law in relation to Migratory Birds prevails to the extent of a Conflict
with Kitsumkalum Law under paragraphs 26 and 27.
29.
The Kitsumkalum Government will issue documentation to Kitsumkalum Members to harvest
or transport Migratory Birds under the Kitsumkalum Right to Harvest Migratory Birds in the
Harvest Area.
30.
The documentation referred to in paragraph 27 and issued by the Kitsumkalum Government
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 person; and
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