Tla'amin Final Agreement Act

View Complete Statute

This Act is current to November 26, 2024
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Tla'amin Final Agreement Act

[SBC 2013] CHAPTER 2

CHAPTER 9 — FISHERIES

GENERAL

1. The Tla'amin Nation has the right to harvest Fish and Aquatic Plants for Domestic Purposes within the Tla'amin Fishing Area in accordance with this Agreement.

2. The Tla'amin Fishing Right is limited by measures necessary for conservation, public health or public safety.

3. The Tla'amin Fishing Right is held by the Tla'amin Nation and cannot be alienated.

4. This Agreement does not alter Federal or Provincial Law in respect of property in Fish and Aquatic Plants.

5. The Minister retains the authority for managing and conserving Fish, Aquatic Plants and Fish habitat.

6. The Tla'amin Nation has the right to Trade and Barter Fish and Aquatic Plants harvested under the Tla'amin Fishing Right:

a. among themselves; or

b. with other aboriginal people of Canada.

7. The right to Trade and Barter under paragraph 6 is held by the Tla'amin Nation and cannot be alienated.

8. Tla'amin Citizens may exercise the right to Trade and Barter under paragraph 6 except as otherwise provided under Tla'amin Law.

9. Fish and Aquatic Plants harvested under the Tla'amin Fishing Right may not be sold.

10. Harvesting of Fish and Aquatic Plants under the Tla'amin Fishing Right will be conducted in accordance with the provisions of Tla'amin Harvest Documents.

11. The Tla'amin Fishing Right will be exercised within the Tla'amin Fishing Area except as exercised in accordance with a harvest document that provides for harvesting outside the Tla'amin Fishing Area.

12. Subject to paragraphs 64 and 65, British Columbia may authorize the use or disposition of provincial Crown land and any such authorized use or disposition may affect the methods, times and locations of harvesting Fish and Aquatic Plants under the Tla'amin Fishing Right, provided that British Columbia ensures that any such authorized use or disposition does not deny the Tla'amin Nation the reasonable opportunity to harvest Fish and Aquatic Plants under the Tla'amin Fishing Right.

13. For the purposes of paragraph 12, British Columbia and the Tla'amin Nation will negotiate and attempt to reach agreement on a process to evaluate the impact of authorized uses and dispositions of provincial Crown land on the Tla'amin Nation's reasonable opportunity to harvest Fish and Aquatic Plants.

14. The Tla'amin Fishing Right 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.

15. Tla'amin Citizens, or individuals designated by the Tla'amin Nation under paragraph 70 or 71, may use resources on provincial Crown land within the Tla'amin Fishing Area for purposes reasonably incidental to the exercise of the Tla'amin Fishing Right, subject to Federal and Provincial Law.

16. The Tla'amin Nation will have reasonable access to and over federal Crown land to allow for the exercise of the Tla'amin Fishing Right, subject to Federal or Provincial Law.

17. The Tla'amin Nation's right of access under paragraph 16 will be exercised in a manner that does not interfere with the use, grant, creation or disposition of an interest in federal Crown land from time to time.

18. Where the use, grant, creation or disposition of an interest in federal Crown land would deny the Tla'amin Nation's access under paragraph 16, Canada will ensure that alternative reasonable access is provided.

19. Notwithstanding paragraph 16, access to and over Indian Reserves is subject to the Tla'amin Nation obtaining the consent of the Indian Band for whom the Indian Reserve is set aside.

20. The Tla'amin Fishing Right may be exercised by those individuals who are designated by the Tla'amin Nation to harvest Fish and Aquatic Plants.

21. Subject to paragraph 22, any vessel used to harvest Fish and Aquatic Plants under the Tla'amin Fishing Right will be a vessel that has been designated by the Tla'amin Nation. For greater certainty, this Agreement does not alter the application of Federal or Provincial Law in respect of foreign fishing vessels in Canadian waters.

22. The Tla'amin Fisheries Operational Guidelines may describe which vessels are not required to be designated and the period of time for which they are not required to be designated.

23. Neither Canada nor British Columbia will require an individual, designated by the Tla'amin Nation, to have a fishing licence to harvest Fish and Aquatic Plants under the Tla'amin Fishing Right.

24. Neither Canada nor British Columbia will charge a fee for a Tla'amin Harvest Document, or any management fee or landing fee in respect of fisheries authorized by a Tla'amin Harvest Document.

25. This Agreement does not preclude:

a. Tla'amin Citizens from harvesting Fish and Aquatic Plants under a licence, permit or other document issued under a Federal or Provincial Law, or as otherwise authorized under Federal or Provincial Law;

b. the Tla'amin Nation from concluding agreements that are in accordance with Federal and Provincial Law with other aboriginal groups in respect of designations; or

c. Tla'amin Citizens from being designated by another aboriginal group to harvest Fish and Aquatic Plants under federal or provincial arrangements with that aboriginal group.

TLA'AMIN FISH ALLOCATIONS

26. The Tla'amin Fish Allocations for Fish and Aquatic Plants are described in Schedules 1 and 2.

27. In establishing an Available Terminal Harvest as defined in Schedule 1, the Minister may use pre-season estimates, in-season estimates and post-season catch data.

28. In any year, where the Minister determines that the quantity of a stock or species that is available for harvest is not sufficient to meet all anticipated allocations from that stock or species for the Tla'amin Nation and other aboriginal groups for Domestic Purposes the Minister may reduce any one or more of those allocations for that year.

29. Where, under paragraph 28, the Minister wishes to reduce a Tla'amin Fish Allocation, the Minister will inform the Tla'amin Nation and the Joint Fisheries Committee of the proposed reduction and, if time permits, will take into account any written recommendations on the proposed reduction received from the Joint Fisheries Committee before implementing the reduction.

30. Where, under paragraph 28, the Minister reduces a Tla'amin Fish Allocation, the Minister will give reasons in writing for the reduction to the Tla'amin Nation and the Joint Fisheries Committee.

DIFFERENCES IN HARVEST FROM TLA'AMIN FISH ALLOCATIONS

31. The Minister and the Tla'amin Nation will endeavor to minimize differences of the Tla'amin Nation harvest from the Tla'amin Fish Allocation in each year and in successive years.

32. The Joint Fisheries Committee may, in addition to the matters identified in paragraph 92, discuss and make recommendations to the Parties in respect of occurrences where the Tla'amin Nation harvest of a species of Fish or Aquatic Plant differs from the Tla'amin Fish Allocation for that species.

33. In discussing and making recommendations to the Parties in respect of occurrences where the Tla'amin Nation harvest of a species of Fish or Aquatic Plant differs from the Tla'amin Fish Allocation for that species, the Joint Fisheries Committee may:

a. examine how such occurrences may relate to the matters set out in subparagraphs 92.a to 92.c and 92.i;

b. report to the Minister and to the Tla'amin Nation on the possible reasons why the Tla'amin Nation harvest of a species differs from the Tla'amin Fish Allocation for that species; and

c. take into account subparagraphs 33.a and 33.b when it makes recommendations to the Minister in respect of provisions that the Minister should put in a Tla'amin Harvest Document in accordance with paragraph 94.

34. The Minister will provide written reasons to the Tla'amin Nation and the Joint Fisheries Committee if the provisions in the Tla'amin Harvest Document differ significantly from the provisions that the Joint Fisheries Committee recommend to the Minister in accordance with paragraph 94.

35. In developing the Tla'amin Fisheries Operational Guidelines in accordance with paragraph 120, the Parties may set out operational principles, procedures and guidelines in respect of occurrences where the Tla'amin Nation harvest of a species of Fish or Aquatic Plant differs from the Tla'amin Fish Allocation for that species, and any operational principles, procedures and guidelines developed by the Parties in respect of such occurrences may be reviewed and updated when the Tla'amin Fisheries Operational Guidelines are updated in accordance with paragraph 121.

PROCESS FOR NON-ALLOCATED SPECIES MANAGED BY CANADA

36. Paragraphs 37 to 56 apply only to those species of Fish and Aquatic Plants managed by Canada.

37. A Non-Allocated Species may be harvested for Domestic Purposes under the Tla'amin Fishing Right in accordance with a Tla'amin Harvest Document.

38. No sooner than five years after the Effective Date, Canada or the Tla'amin Nation may propose the establishment of a Tla'amin Fish Allocation for a Non-Allocated Species under the Tla'amin Fishing Right by providing the other Parties with a written proposal and providing a copy of the proposal to the Joint Fisheries Committee.

39. Where Canada or the Tla'amin Nation provides notice under paragraph 38 proposing the establishment of a Tla'amin Fish Allocation for a Non-Allocated Species, Canada and the Tla'amin Nation will seek to agree on the Basic Harvest, including the base period, for a Non-Allocated Species in accordance with the process set out in paragraphs 40 to 43.

40. For the purposes of the Basic Harvest, the base period will only include calendar years after the Effective Date and, for greater certainty, may include years prior to or after Canada or the Tla'amin Nation makes a proposal under paragraph 38 to establish a Tla'amin Fish Allocation.

41. Unless otherwise agreed in writing and signed by Canada and the Tla'amin Nation, the base period for a Non-Allocated Species will be determined by the Minister if Canada and the Tla'amin Nation have not agreed to the base period within six months of the receipt of a written proposal under paragraph 38 to establish a Tla'amin Fish Allocation for a Non-Allocated Species under the Tla'amin Fishing Right.

42. Any agreement between Canada and the Tla'amin Nation in respect of the Basic Harvest for a Non-Allocated Species will be in writing and signed by Canada and the Tla'amin Nation.

43. Where the Basic Harvest for that species has not been agreed to by Canada and the Tla'amin Nation within one year of the date of the submission of the written proposal for establishing a Tla'amin Fish Allocation in accordance with paragraph 38, the Basic Harvest for each year in the base period will be finally determined by arbitration under the Dispute Resolution Chapter without having to proceed through Stages One and Two.

44. Where Canada and the Tla'amin Nation agree to a Basic Harvest for a Non-Allocated Species, or an arbitrator provides a decision to the Parties under paragraph 43 in respect of the Basic Harvest for that species, Canada and the Tla'amin Nation will seek to agree on a Tla'amin Fish Allocation for that species.

45. The Tla'amin Fish Allocation for the Non-Allocated Species will be an amount determined by a defined harvest quantity or quota, a formula defining a harvest quantity or quota, or a defined harvest area within the Tla'amin Fishing Area.

46. Where Canada and the Tla'amin Nation seek to agree on a Tla'amin Fish Allocation for a Non-Allocated Species, Canada and the Tla'amin Nation will provide each other with recommendations in respect of the establishment of the Tla'amin Fish Allocation for a Non-Allocated Species and any other material that Canada or the Tla'amin Nation consider relevant to the recommendations.

47. Canada or the Tla'amin Nation may request the Joint Fisheries Committee to make recommendations in respect of a Tla'amin Fish Allocation for a Non-Allocated Species.

48. When reviewing and making recommendations in respect of a Tla'amin Fish Allocation for a Non-Allocated Species at the request of Canada and the Tla'amin Nation, the Joint Fisheries Committee will take into account:

a. base period information on the harvests by the Tla'amin Nation of that Non-Allocated Species for Domestic Purposes;

b. measures necessary for conservation;

c. impact of management measures on the Tla'amin Nation's harvest; and

d. other matters that are relevant.

49. When reviewing and making recommendations under paragraph 48 in respect of the establishment of a Tla'amin Fish Allocation for intertidal bivalve species to be harvested within the Tla'amin Fishing Area including intertidal areas surrounding Ahgykson, the Joint Fisheries Committee will take into account, in addition to those matters identified in subparagraphs 48.a to 48.d, information on the historic and present harvests of intertidal bivalves by Tla'amin Nation within the Tla'amin Fishing Area for Domestic Purposes.

50. Where all the representatives of Canada and the Tla'amin Nation on the Joint Fisheries Committee agree on recommendations of the Joint Fisheries Committee made in accordance with paragraph 48, the Joint Fisheries Committee will notify the Parties of the recommendations.

51. Where Canada and the Tla'amin Nation agree on the Tla'amin Fish Allocation for a Non-Allocated Species, the agreement will be in writing and signed by Canada and the Tla'amin Nation.

52. Where Canada and the Tla'amin Nation do not agree to a Tla'amin Fish Allocation for a Non-Allocated Species within six months after Canada and the Tla'amin Nation agree on, or an arbitrator provides a decision to the Parties under paragraph 44 in respect of, the Basic Harvest for that species, the Minister will determine the Tla'amin Fish Allocation for the species.

53. In determining a Tla'amin Fish Allocation for a Non-Allocated Species under paragraph 52, the Minister will take into account the following:

a. base period information on the harvests by Tla'amin Nation of that Non-Allocated Species for Domestic Purposes;

b. measures necessary for conservation;

c. recommendations of the Joint Fisheries Committee in respect of a Tla'amin Fish Allocation for a Non-Allocated Species in accordance with paragraphs 48 and 49;

d. recommendations and other material in respect of a Tla'amin Fish Allocation for a Non-Allocated Species provided by Canada and the Tla'amin Nation to each other in accordance with paragraph 46; and

e. other matters that are relevant.

54. Where the Minister determines a Tla'amin Fish Allocation for a Non-Allocated Species in accordance with paragraph 52, the Tla'amin Fish Allocation for that species will be a formula that produces an amount that, if it had been used for the base period, would have resulted in an average annual harvest during the base period of 1.25 times the average of the annual harvest of the species by the Tla'amin Nation during the base period.

55. Where the Tla'amin Nation believes that the Tla'amin Fish Allocation for a Non-Allocated Species that has been determined by the Minister has significant differences from the recommendations of the Joint Fisheries Committee or the Tla'amin Nation under paragraph 48, the Tla'amin Nation may request the Minister to provide written reasons to the Tla'amin Nation in respect of the basis of the determination by the Minister of the Tla'amin Fish Allocation for that species in accordance with paragraph 52, and the Minister will provide such reasons.

56. Where Canada and the Tla'amin Nation agree in writing to a Tla'amin Fish Allocation for a Non-Allocated Species or a Tla'amin Fish Allocation for a Non-Allocated Species is determined by the Minister under paragraph 52, the Parties will amend this Agreement in accordance with the Amendment Chapter to document the Tla'amin Fish Allocation in Schedule 2.

NON-ALLOCATED SPECIES MANAGED BY BRITISH COLUMBIA

57. Paragraphs 58 to 63 apply only to those species of Fish and Aquatic Plants managed by British Columbia.

58. Where a Tla'amin Fish Allocation, for a species of Fish or Aquatic Plant managed by British Columbia, is not established under this Agreement, that species of Fish or Aquatic Plant may be harvested for Domestic Purposes under the Tla'amin Fishing Right in accordance with Tla'amin Harvest Documents.

59. Where a Tla'amin Fish Allocation for a species of Fish or Aquatic Plant managed by British Columbia has not been established under this Agreement, Canada, British Columbia or the Tla'amin Nation may propose the establishment of a Tla'amin Fish Allocation for that species by providing the other Parties with a written proposal and providing a copy of the proposal to the Joint Fisheries Committee.

60. Where the Minister or the Tla'amin Nation proposes the establishment of a Tla'amin Fish Allocation under paragraph 59, the Minister and the Tla'amin Nation will negotiate and attempt to reach agreement on the Tla'amin Fish Allocation.

61. Where British Columbia and the Tla'amin Nation cannot reach an agreement on the allocation, the matter will be finally determined by arbitration under the Dispute Resolution Chapter.

62. In determining the Tla'amin Fish Allocation under paragraph 61, the arbitrator will take into account all relevant information provided by the Tla'amin Nation and British Columbia.

63. Where British Columbia and the Tla'amin Nation agree on an allocation under paragraph 60 or where the arbitrator determines an allocation under paragraph 61, the applicable Schedules of this Chapter will be amended pursuant to paragraph 9 of the Amendment Chapter to document the allocation.

SHELLFISH AQUACULTURE TENURES

64. Only the Tla'amin Nation may apply to the Crown for shellfish aquaculture tenures in respect of the Foreshore of Ahgykson.

SHELLFISH RESERVES

65. As of the Effective Date, British Columbia will not issue authorizations for uses of the foreshore areas identified in Appendix O for activities that are incompatible with the recreational harvesting of shellfish or harvesting of shellfish by First Nations for food, social and ceremonial purposes.

LAW-MAKING AUTHORITY

66. The Tla'amin Nation may make laws in respect of:

a. the designation of individuals and vessels to harvest Fish and Aquatic Plants under the Tla'amin Fishing Right; and

b. the distribution among Tla'amin Citizens of Fish and Aquatic Plants harvested under the Tla'amin Fishing Right.

67. A Tla'amin Law made under paragraph 66 prevails to the extent of a Conflict with a Federal or Provincial Law.

68. The Tla'amin Nation may make laws in respect of:

a. the designation of individuals and vessels by the Tla'amin Nation to harvest Fish and Aquatic Plants under fishing licences that are issued to the Tla'amin Nation but that are not Tla'amin Harvest Documents;

b. the documentation of individuals and vessels designated by the Tla'amin Nation to harvest under the Tla'amin Fishing Right; and

c. the Trade and Barter by Tla'amin Citizens of Fish and Aquatic Plants harvested under the Tla'amin Fishing Right.

69. A Federal or Provincial Law prevails to the extent of a Conflict with a Tla'amin Law made under paragraph 68.

DESIGNATION

70. Where a Tla'amin Fish Allocation for a species of Fish or Aquatic Plants has been established under this Agreement, the Tla'amin Nation may designate Tla'amin Citizens and other individuals to harvest that species of Fish or Aquatic Plants under the Tla'amin Fishing Right.

71. Subject to paragraph 73, in addition to what is provided for in paragraph 37, where a Tla'amin Fish Allocation for a species of Fish or Aquatic Plants has not been established the Tla'amin Nation may designate an individual to harvest the species on behalf of a Tla'amin Citizen if:

a. the Tla'amin Citizen is unable to harvest the species due to health reasons;

b. the individual is a family member of the Tla'amin Citizen; and

c. the individual is identified in the written notice contemplated in paragraph 72.

72. The Tla'amin Nation will identify, by written notice to the Minister, the individuals who are family members of Tla'amin Citizens, but who are not Tla'amin Citizens themselves, who have been designated in accordance with paragraph 71.

73. An individual designated in accordance with paragraph 71 may not use a vessel to harvest under the Tla'amin Fishing Right if that vessel is authorized, by licence, to be used for commercial fishing.

DOCUMENTATION

74. Where the Tla'amin Nation designates an individual or a vessel, the Tla'amin Nation will issue written documentation to the individual or vessel to evidence the designation.

75. Documentation issued under paragraph 74 will:

a. be in the English language, which version is authoritative and, at the discretion of the Tla'amin Nation, in the Tla'amin language;

b. in the case of an individual, include the name and address of the individual;

c. in the case of a vessel, include the name and address of the operator; and

d. meet any requirements set out in the Tla'amin Fisheries Operational Guidelines or Tla'amin Harvest Documents.

TLA'AMIN HARVEST DOCUMENT

76. The Minister will issue, in a timely manner, Tla'amin Harvest Documents to the Tla'amin Nation in respect of the Tla'amin Fishing Right and all such Tla'amin Harvest Documents will be consistent with this Agreement.

77. The Tla'amin Nation will provide biological samples, catch data and other information related to Fish and Aquatic Plants harvested under the Tla'amin Fishing Right as required by Tla'amin Harvest Documents or Federal or Provincial Law.

78. The Tla'amin Nation will inform those individuals who are designated by the Tla'amin Nation to harvest Fish and Aquatic Plants under the Tla'amin Fishing Right of the provisions of the Tla'amin Harvest Documents.

79. The Minister will provide written reasons to the Tla'amin Nation and the Joint Fisheries Committee if the Tla'amin Harvest Document has significant differences from the provisions recommended by the Joint Fisheries Committee for a Tla'amin Harvest Document.

80. Where the Minister amends a Tla'amin Harvest Document, the Minister will:

a. give notice to;

b. provide written reasons to; and

c. where practicable, discuss those amendments in advance with,

the Tla'amin Nation and the Joint Fisheries Committee.

81. Where special circumstances make it impracticable to discuss an amendment with the Tla'amin Nation or the Joint Fisheries Committee under paragraph 80, the Minister:

a. may amend the Tla'amin Harvest Document without receiving recommendations from the Joint Fisheries Committee; and

b. will notify the Joint Fisheries Committee and the Tla'amin Nation as soon as practicable after making the amendment of the special circumstances, the amendment, and the reasons for the amendment.

TLA'AMIN ANNUAL FISHING PLAN

82. Every year, for the purposes of informing the Joint Fisheries Committee and the Minister prior to the issuance of a Harvest Document, the Tla'amin Nation will develop a Tla'amin Annual Fishing Plan for the harvest under the Tla'amin Fishing Right of species for which there is a Tla'amin Fish Allocation and of Non-Allocated Species of Fish and Aquatic Plants.

83. A Tla'amin Annual Fishing Plan will include, as appropriate:

a. the stocks or species of Fish and Aquatic Plants to be harvested;

b. the amounts of Fish and Aquatic Plants to be harvested;

c. the location and timing of harvests;

d. the method of harvest, including the size, type, identification, marking, and quantity of fishing gear and the manner in which it may be used;

e. the monitoring of harvests, including notification, catch monitoring, identification, and reporting of the harvest;

f. the transportation of Fish and Aquatic Plants harvested under the Tla'amin Fishing Right;

g. the Tla'amin Nation's enforcement activities;

h. other matters as may be required for Tla'amin Harvest Documents; and

i. other matters in respect of the Tla'amin Nation's fisheries.

84. Each year, the Tla'amin Nation will provide Tla'amin Annual Fishing Plans to the Joint Fisheries Committee and the Minister in a timely manner.

JOINT FISHERIES COMMITTEE

85. On the Effective Date, the Parties will establish a Joint Fisheries Committee to facilitate cooperative assessment, planning, and management of:

a. the Tla'amin Nation's fisheries under the Tla'amin Fishing Right;

b. Enhancement Initiatives and Stewardship Activities by the Tla'amin Nation;

c. monitoring and enforcement activities in respect of the Tla'amin Nation's fisheries;

d. the Tla'amin Nation's activities related to environmental protection and ocean management;

e. the Tla'amin Nation's activities related to Fish habitat; and

f. other matters as the Parties may agree.

86. The Parties will provide each other with access to all publicly available information, including publicly available catch data, necessary to enable the Joint Fisheries Committee to carry out its functions and activities.

87. Each Party will appoint a representative to the Joint Fisheries Committee, but additional individuals may participate in meetings to support or assist a representative.

88. Canada may choose not to attend Joint Fisheries Committee meetings on fisheries matters managed by British Columbia. British Columbia may choose not to attend Joint Fisheries Committee meetings on fisheries matters managed by Canada.

89. Notwithstanding paragraph 88, each representative will be notified of and may participate in all meetings of the Joint Fisheries Committee.

90. Any catch data or other information provided under paragraph 77 or 86 may, on the request of any Party, be reviewed by the Joint Fisheries Committee and, as appropriate, used by the Joint Fisheries Committee in making any recommendation.

91. In facilitating cooperative assessment, planning and management under paragraph 85, the Joint Fisheries Committee may:

a. discuss publicly available information for:

i. existing and new emerging commercial fisheries and other fisheries that may be conducted in the Tla'amin Area or could significantly affect the Tla'amin Fishing Right;

ii. measures necessary for conservation, public health or public safety that could significantly affect the Tla'amin Fishing Right; and

iii. proposed Enhancement Initiatives in the Tla'amin Fishing Area;

b. arrange for obtaining and the exchange of publicly available data on fisheries;

c. discuss provisions of a Tla'amin Annual Fishing Plan and Tla'amin Harvest Documents;

d. discuss the Tla'amin Nation's proposals for Enhancement Initiatives and Stewardship Activities;

e. communicate with other advisory bodies in respect of matters of mutual interest; and

f. exchange publicly available information on issues related to international arrangements that could significantly affect the Tla'amin Fishing Right.

92. The Joint Fisheries Committee may discuss and make recommendations to the Parties in respect of:

a. the Tla'amin Nation's fisheries under the Tla'amin Fishing Right for Non-Allocated Species and Tla'amin Fish Allocations;

b. the management and harvesting of Fish and Aquatic Plants in the Tla'amin Fishing Area;

c. the management and harvesting of Fish and Aquatic Plants outside the Tla'amin Fishing Area that could significantly affect harvesting under the Tla'amin Fishing Right;

d. the management and protection of Fish and Aquatic Plant habitat;

e. escapement goals for salmon stocks in the Tla'amin Fishing Area;

f. conservation objectives for Fish and Aquatic Plants in the Tla'amin Fishing Area;

g. Enhancement Initiatives and Stewardship Activities conducted in the Tla'amin Fishing Area;

h. occurrences where the Tla'amin Nation harvest of a species of Fish or Aquatic Plant differs from the Tla'amin Fish Allocation for that species; and

i. other matters that could significantly affect harvesting under the Tla'amin Fishing Right.

93. Prior to and during the development of a Tla'amin Annual Fishing Plan, the Joint Fisheries Committee may discuss:

a. relevant fisheries-related data, including biological samples;

b. conservation, public health or public safety considerations that could affect harvesting under the Tla'amin Fishing Right;

c. other fisheries that could significantly affect harvesting under the Tla'amin Fishing Right;

d. how harvesting under the Tla'amin Fishing Right will be coordinated with other fisheries;

e. measures for the monitoring and enforcement of harvesting under the Tla'amin Fishing Right;

f. how planning activities of the Joint Fisheries Committee will be coordinated with planning activities of other advisory processes; and

g. other matters as the Parties may agree.

94. Each year, on receipt of a Tla'amin Annual Fishing Plan, the Joint Fisheries Committee will, in a timely manner:

a. review the Tla'amin Annual Fishing Plan and make recommendations to the Minister and Tla'amin Nation in respect of provisions that the Minister should put in a Tla'amin Harvest Document; and

b. discuss how harvesting under the Tla'amin Fishing Right will be coordinated with other fisheries.

95. The Joint Fisheries Committee may provide recommendations to the Parties regarding in-season amendments to a Tla'amin Harvest Document.

96. Each year, the Joint Fisheries Committee:

a. for species managed by Canada, will conduct a post-season review of the harvesting under the Tla'amin Fishing Right and other matters as agreed to by the Parties, and may make recommendations to the Parties; and

b. for species managed by British Columbia, may conduct a post-season review of the harvesting under the Tla'amin Fishing Right and other matters as agreed to by the Parties, and may make recommendations to the Parties.

97. The Joint Fisheries Committee will establish its own operating procedures and the Parties will set them out in the Tla'amin Fisheries Operational Guidelines.

98. The Joint Fisheries Committee will seek to operate by consensus.

99. Where all representatives on the Joint Fisheries Committee do not agree on a Joint Fisheries Committee recommendation or the Joint Fisheries Committee is unable to convene due to special circumstances, each Party may submit its own written recommendations to the Minister and will provide a copy to the other Parties represented on the Joint Fisheries Committee.

100. A reference in this Chapter to a Joint Fisheries Committee recommendation will be read as including any recommendation under paragraph 99.

101. Where the Tla'amin Nation believes that a recommendation made in accordance with paragraph 92 has not been acted upon by Canada, the Tla'amin Nation may discuss it at a meeting of the Joint Fisheries Committee. Following a discussion of the Joint Fisheries Committee, where the Tla'amin Nation still believes a recommendation made in accordance with paragraph 92 has not been acted upon by Canada, the Tla'amin Nation may, in writing, request the Minister to respond and the Minister will respond in writing.

REGIONAL MANAGEMENT ADVISORY PROCESS FOR ABORIGINAL FISHERIES

102. Where a regional management advisory process for aboriginal fisheries exists or is established by Canada or British Columbia for the coordination of fisheries for an area that includes all or a portion of the Tla'amin Fishing Area, the Tla'amin Nation will participate in that process.

103. Subject to paragraph 104, for the coordination of fisheries, where a regional management advisory process for aboriginal fisheries has functions and activities similar to those of the Joint Fisheries Committee, and the Minister determines that a function or activity of the Joint Fisheries Committee can be carried out more effectively by the regional process in accordance with paragraph 107, that function or activity will be carried out by that process.

104. Unless otherwise agreed by the Parties, a function or activity of the Joint Fisheries Committee under paragraphs 32 to 34, 47 to 50, 53, 85.c, 92.g, 94.a, 95 to 97, 127, sections 8 and 17 of Schedule 1 and section 7 of Schedule 2 will remain a function or activity of the Joint Fisheries Committee and will not be carried out by the regional management advisory process for aboriginal fisheries.

105. Before the Minister determines that a function or activity of the Joint Fisheries Committee will be carried out by the regional management advisory process for aboriginal fisheries under paragraph 107, the Minister will provide notice to the Parties, with a copy to the Joint Fisheries Committee, of the functions or activities of the Joint Fisheries Committee that the Minister proposes can be carried out more effectively by the regional process.

106. Upon the Minister providing such notice to the Parties under paragraph105, the Joint Fisheries Committee will:

a. convene a meeting to discuss whether the functions or activities proposed by the Minister can be carried out more effectively by the regional management advisory process for aboriginal fisheries; and

b. provide recommendations to the Minister.

107. The Minister will review the recommendations of the Joint Fisheries Committee made under paragraph 106 and determine any functions or activities that will be carried out by the regional management advisory process for aboriginal fisheries and notify the Parties in writing.

108. Upon the Minister notifying the Parties of the functions or activities that will be carried out by the regional management advisory process for aboriginal fisheries as determined under paragraph 107, the Tla'amin Nation, if it believes that a function or activity of the Joint Fisheries Committee that will be carried out by the regional process cannot be carried out more effectively by that process, may provide written reasons to the Minister as to why the regional process will be less effective than the Joint Fisheries Committee carrying out the function or activity. Upon receipt of the reasons by the Tla'amin Nation, the Minister will respond in writing to the Tla'amin Nation.

109. Where a function or activity of the Joint Fisheries Committee will be carried out by a regional management advisory process for aboriginal fisheries as determined by the Minister under paragraph 107:

a. the Parties will discuss the operating procedures for participation by the Tla'amin Nation in the regional process;

b. the Parties will revise the Tla'amin Fisheries Operational Guidelines to reflect the change of the functions, activities and operating procedures of the regional process; and

c. a reference in this Agreement to the Joint Fisheries Committee will be read as a reference to the regional process for that function or activity.

110. The Joint Fisheries Committee will continue to carry out any function or activity that is not carried out by the regional management advisory process for aboriginal fisheries and may discuss any changes that should be made to the operating procedures of the Joint Fisheries Committee as a result of the regional management advisory process for aboriginal fisheries carrying out a function or activity of the Joint Fisheries Committee as determined by the Minister under paragraph 107.

111. Where a regional management advisory process for aboriginal fisheries carries out a function or activity of the Joint Fisheries Committee and, in carrying out the function or activity, makes a recommendation to the Minister, a Party may submit its own written recommendation to the Minister if it does not agree with the recommendation of the regional process and, when doing so, will provide a copy of its own recommendations to the other Parties who have appointed a member to the Joint Fisheries Committee. Upon receipt of the written recommendation from one of the Joint Fisheries Committee members, the Minister will respond in writing to the Joint Fisheries Committee.

112. Following a determination by the Minister under paragraph 107 that a function or activity will be carried out by the regional management advisory process for aboriginal fisheries, the Joint Fisheries Committee will, from time to time, discuss the effectiveness of the regional management advisory process for aboriginal fisheries in carrying out a function or activity of the Joint Fisheries Committee, and may provide recommendations to the Minister that a function or activity should be carried out by the Joint Fisheries Committee. The Minister will review the recommendations of the Joint Fisheries Committee and determine whether a function or activity will continue to be carried out by the regional management advisory process for aboriginal fisheries or should be resumed to be carried out by the Joint Fisheries Committee. The Minister will notify the Parties in writing of any determination.

113. Following a determination by the Minister under paragraph 107 that a function or activity of the Joint Fisheries Committee will be carried out by a regional management advisory process for aboriginal fisheries, the Minister may, from time to time, determine that a function carried out by the regional process is more effectively carried out by the Joint Fisheries Committee and should be resumed by the Joint Fisheries Committee. Upon the Minister determining that a function or activity should be resumed by the Joint Fisheries Committee, the Minister will notify the Parties in writing and the Parties will update the Tla'amin Fisheries Operational Guidelines, as required, to reflect the resumption.

114. Canada or British Columbia may terminate a regional management advisory process for aboriginal fisheries that has been established and, if a regional management advisory process for aboriginal fisheries is terminated and is not replaced by another process, the Joint Fisheries Committee will resume carrying out its original functions or activities and the Parties will revise the Tla'amin Fisheries Operational Guidelines to reflect the resumption.

115. For greater certainty, a regional management advisory process for aboriginal fisheries does not include an international advisory process.

PUBLIC FISHERIES ADVISORY PROCESS

116. Where Canada or British Columbia establishes a public fisheries advisory process that includes all or a portion of the Tla'amin Fishing Area, Canada or British Columbia will, if appropriate, make provisions for Tla'amin Nation participation in that process on the same basis as other First Nations.

117. Where the Minister intends to provide for Tla'amin Nation participation in a public fisheries advisory process for an area that includes all or a portion of the Tla'amin Fishing Area, the Minister will discuss with the Tla'amin Nation their participation in the public fisheries advisory process.

118. A public fisheries advisory process referred to in paragraph 116 does not include international fisheries advisory bodies.

119. The design, establishment and termination of public fishery advisory processes referred to in paragraph 116 are at the discretion of the Minister.

TLA'AMIN FISHERIES OPERATIONAL GUIDELINES

120. The Parties will jointly develop guidelines called the Tla'amin Fisheries Operational Guidelines, to assist the Parties in implementing the provisions of this Chapter. The Tla'amin Fisheries Operational Guidelines will set out operational principles, procedures and guidelines.

121. The Parties will update and maintain the Tla'amin Fisheries Operational Guidelines as required.

122. The Tla'amin Fisheries Operational Guidelines will not create legal obligations.

ECONOMIC OPPORTUNITIES

123. Within one year from the Effective Date, upon notification by Tla'amin Nation, the Minister will issue to the Tla'amin Nation the general commercial fishing licences described in Schedule 3 once Tla'amin Nation has met all licence application requirements.

124. The general commercial fishing licences issued under paragraph 123, and the commercial fisheries and related activities carried out under the authority of those licences, will be subject to Federal and Provincial Law in respect of commercial fisheries in British Columbia. Subject to the provisions of the Fisheries Act and regulations made under that act, the Minister may amend the conditions attached to the general commercial fishing licences and may choose not to renew those licences.

125. For greater certainty, the Minister retains the authority to manage commercial fisheries, including whether to have commercial fisheries in British Columbia and, if so, where and when the fisheries will occur.

HARVEST OF SURPLUS SALMON

126. Each year the Minister may determine whether there is a surplus of a species or stock of salmon originating in the Tla'amin Fishing Area, the size of the surplus, and access to that surplus.

127. The Joint Fisheries Committee may:

a. recommend to the Minister procedures for the identification of a surplus and terms and conditions for the harvest of the surplus; and

b. provide advice to the Minister on the size and disposition of the surplus.

128. For greater certainty, nothing in paragraph 127 limits the ability of the Minister to declare a surplus in the absence of recommendations from the Joint Fisheries Committee.

129. The Minister may permit the Tla'amin Nation to harvest some or all of the surplus salmon that originate in the Tla'amin Fishing Area, on reaching agreement with the Tla'amin Nation in respect of the terms and conditions of that harvest.

NEW EMERGING COMMERCIAL FISHERIES

130. Where the Minister proposes to establish a new emerging commercial fishery within the Pacific Fisheries Management Areas 12-1 to 12-13, 12-15 to 12-48, 13 to 20, 28, and 29, the Minister will advise the Tla'amin Nation of the proposal to establish the fishery and will Consult with the Tla'amin Nation on a process for participants to enter the fishery and for how the fishery should be allocated among participants.

131. Where the Minister proposes to establish a new emerging commercial fishery in the Pacific region, the Minister will advise the Tla'amin Nation of the proposal.

132. Any participation by the Tla'amin Nation in any new emerging commercial fishery authorized by the Minister will be determined in accordance with the process established by the Minister.

MARINE PROTECTED AREAS

133. Canada will Consult with the Tla'amin Nation when Canada proposes to establish, terminate, or change the boundaries of a Marine Protected Area that is wholly or partly within the Tla'amin Area.

134. For greater certainty, the Tla'amin Fishing Right may be exercised within that part of a Marine Protected Area that is within the Tla'amin Fishing Area.

135. The Tla'amin Nation may recommend in writing that Canada establish, terminate or change the boundaries of a Marine Protected Area that is wholly or partly within the Tla'amin Area.

136. Where the Tla'amin Nation makes a written recommendation under paragraph 135, Canada will review the recommendation and provide a written response in a timely manner.

STEWARDSHIP AND ENHANCEMENT

137. With the approval of the Minister and in accordance with Federal and Provincial Law, the Tla'amin Nation may conduct Enhancement Initiatives and Stewardship Activities in the Tla'amin Area.

138. Canada and the Tla'amin Nation may negotiate agreements in respect of the Tla'amin Nation's activities related to Enhancement Initiatives and Stewardship Activities.

139. Canada and the Tla'amin Nation may enter into agreements concerning the harvest of surpluses of a species of salmon in the terminal area that result from an approved Enhancement Initiative.

ENFORCEMENT

140. The Parties may negotiate agreements concerning enforcement of Federal or Provincial Laws, or Tla'amin Laws in respect of fisheries.

SCHEDULE 1 — SALMON ALLOCATIONS

1. In this Schedule:

"Available Terminal Harvest" in respect of a stock or species of Fish, means the number, established by the Minister, of the stock or species as being available for harvest in the Terminal Harvest Area;

"Canadian Total Allowable Catch" and "CTAC" in respect of a stock or species of Fish, means the amount of the stock or species that the Minister determines is available for harvest or is harvested in Canadian waters; and

"Terminal Harvest Area" means the area established by the Minister and described in Tla'amin Harvest Documents for harvesting a stock or species of Fish with an Available Terminal Harvest allocation.

2. The abundance-based formulas referred to in sections 13.a, 14.a and 20 of this Schedule will be established in accordance with the process described in sections 5 to 11 of this Schedule. Until the formulas are established, the Tla'amin Nation may, as provided in paragraph 83, set out in a Tla'amin Annual Fishing Plan its preference for what amounts of chum, chinook and pink salmon would be harvested.

3. As provided in paragraph 99, the Tla'amin Nation may submit its own written recommendations to the Minister where all the representatives on the Joint Fisheries Committee do not agree on a Joint Fisheries Committee recommendation for the provisions in Tla'amin Nation Harvest Documents on salmon harvesting.

4. As provided in paragraph 79, the Minister will provide written reasons to the Tla'amin Nation if a Tla'amin Harvest Document has significant differences from the provisions recommended by the Tla'amin Nation or the Joint Fisheries Committee in accordance with paragraphs 99 and 100.

5. Canada or the Tla'amin Nation may propose the establishment of an abundance-based formula for the Tla'amin Fish Allocation for chum, chinook or pink salmon, by providing a copy of the proposal in writing to the Parties.

6. Neither Canada nor the Tla'amin Nation will propose a formula until Canada is satisfied that there is sufficient information on which to establish the formula. Canada or the Tla'amin Nation may ask the Joint Fisheries Committee to make recommendations on whether there is sufficient information on which to establish an abundance-based formula. Where Canada does not follow such a recommendation by the Joint Fisheries Committee, Canada will provide written reasons to the Tla'amin Nation.

7. Where Canada or the Tla'amin Nation proposes the establishment of an abundance-based formula, Canada and the Tla'amin Nation will negotiate and attempt to reach agreement on the formula.

8. Canada and the Tla'amin Nation may ask the Joint Fisheries Committee to make recommendations on an abundance-based formula.

9. Where the representatives of Canada and the Tla'amin Nation on the Joint Fisheries Committee agree on a Joint Fisheries Committee recommendation on an abundance-based formula, the Joint Fisheries Committee will notify Canada and the Tla'amin Nation of the recommendation.

10. Where Canada and the Tla'amin Nation negotiate and attempt to reach agreement on a formula, Canada and the Tla'amin Nation will provide each other with recommendations and other material that Canada or the Tla'amin Nation considers relevant. Where Canada and the Tla'amin Nation do not agree in writing on a formula for a Tla'amin Fish Allocation within one year of a proposal, the Minister will determine the formula, taking into account the recommendations and other material that Canada and the Tla'amin Nation provided to each other. Canada will provide written reasons to the Tla'amin Nation if the formula has significant differences from the recommendations of the Tla'amin Nation.

11. Where Canada and the Tla'amin Nation agree in writing on a formula or the Minister determines a formula under section 10 of this Schedule, this Schedule is deemed to be amended to incorporate the formula.

Sockeye Salmon

12. In any year, the Tla'amin Fish Allocation for sockeye salmon is:

a. a number of Fraser River sockeye salmon equal to:

i. when the CTAC for Fraser River sockeye salmon is less than or equal to 2.0 million, 0.5% of the CTAC for Fraser River sockeye salmon; or

ii. when the CTAC for Fraser River sockeye salmon is greater than 2.0 million and less than or equal to 6.5 million, 10,000 Fraser River sockeye salmon plus 0.1% of that portion of the CTAC for Fraser River sockeye salmon that is greater than 2.0 million and less than or equal to 6.5 million; or

iii. when the CTAC for Fraser River sockeye salmon is greater than 6.5 million, 14,500 Fraser River sockeye salmon plus 0.048% of that portion of the CTAC for Fraser River sockeye salmon that is greater than 6.5 million; and

b. a number of sockeye salmon equal to 25% of the Available Terminal Harvest for the sockeye salmon stocks that originate from a Terminal Harvest Area, other than Fraser River sockeye salmon stocks, if the Minister determines that there is an Available Terminal Harvest for those stocks.

Chum Salmon

13. In any year, the Tla'amin Fish Allocation for chum salmon is:

a. a maximum of 2,000 chum salmon, that are not of terminal origin, caught in the Tla'amin Fishing Area. The allocation will be determined by an abundance-based formula;

b. when the Available Terminal Harvest for Sliammon River chum salmon is less than or equal to 7,400, a number of Sliammon River chum salmon equal to the Available Terminal Harvest for Sliammon River chum salmon; or, when the Available Terminal Harvest for Sliammon River chum salmon is greater than 7,400, then 7,400 Sliammon River chum salmon plus 25% of that portion of the Available Terminal Harvest of Sliammon River chum salmon that is greater than 7,400; and

c. a number of chum salmon equal to 25% of the Available Terminal Harvest for the chum salmon stocks that originate from a Terminal Harvest Area, other than Sliammon River chum salmon stocks, if the Minister determines that there is an Available Terminal Harvest for those stocks.

Chinook Salmon

14. In any year, the Tla'amin Fish Allocation for chinook salmon is:

a. a maximum of 200 chinook salmon, that are not of terminal origin, caught in the Tla'amin Fishing Area. The allocation will be determined by an abundance-based formula; and

b. a number of chinook salmon equal to 25% of the Available Terminal Harvest for chinook salmon stocks that originate from a Terminal Harvest Area, if the Minister determines that there is an Available Terminal Harvest for those stocks.

Coho Salmon

15. In any year, the Tla'amin Fish Allocation for coho salmon is:

a. a number of coho salmon equal to 2.1% of the total amount of coho salmon, as determined by the Minister, harvested by all other mixed-stock coho fisheries in Management Area 15; and

b. a number of coho salmon equal to 25% of the Available Terminal Harvest for coho salmon stocks that originate from a Terminal Harvest Area, if the Minister determines that there is an Available Terminal Harvest for those stocks.

Terminal Sockeye, Chum, Chinook and Coho Salmon

16. The Tla'amin Nation may, in accordance with paragraph 83, set out in a Tla'amin Annual Fishing Plan its preference for the Available Terminal Harvest and Terminal Harvest Area for terminal sockeye, chum, chinook and coho salmon to be harvested.

17. The Joint Fisheries Committee may, in accordance with paragraph 92, discuss and make recommendations to the Parties on escapement goals, Available Terminal Harvests and Terminal Harvest Areas for terminal sockeye, chum, chinook and coho salmon in the Tla'amin Fishing Area.

18. The Tla'amin Nation may, in accordance with paragraph 99, submit its own written recommendations to the Minister where all the representatives on the Joint Fisheries Committee do not agree on a Joint Fisheries Committee recommendation on the provisions in a Tla'amin Harvest Document in respect of terminal sockeye, chum, chinook and coho salmon harvesting.

19. If a Tla'amin Harvest Document has significant differences from the provisions recommended by the Tla'amin Nation or the Joint Fisheries Committee for terminal sockeye, chum, chinook and coho salmon harvesting in accordance with paragraphs 99 and 100, the Minister will provide written reasons to the Tla'amin Nation in accordance with paragraph 79.

Pink Salmon

20. In any year, the Tla'amin Fish Allocation for pink salmon is a maximum of 5,000 pink salmon. The allocation will be determined by an abundance-based formula.

SCHEDULE 2 — NON-SALMON ALLOCATIONS

General

1. The abundance-based formula referred to in sections 12, 14, 16, 18, 20, 22 and 24 of this Schedule will be established in accordance with the process described in sections 4 to 10 of this Schedule. Until the formula is established, the Tla'amin Nation may, as provided in paragraph 83, set out in a Tla'amin Annual Fishing Plan its preference for what amount of lingcod, rockfish, other groundfish, herring, prawn, crab, red sea urchin and sea cucumber would be harvested.

2. As provided in paragraph 101, the Tla'amin Nation may submit its own written recommendations to the Minister where all the representatives on the Joint Fisheries Committee do not agree on a Joint Fisheries Committee recommendation on the provisions in Tla'amin Nation Harvest Documents on lingcod, rockfish, other groundfish, herring, prawn, crab, red sea urchin and sea cucumber harvesting.

3. As provided in paragraph 79, the Minister will provide written reasons to the Tla'amin Nation if a Tla'amin Harvest Document has significant differences from the provisions recommended by the Tla'amin Nation or the Joint Fisheries Committee in accordance with paragraphs 99 and 100.

4. Canada or the Tla'amin Nation may propose the establishment of an abundance-based formula for the Tla'amin Fish Allocation for lingcod, rockfish, other groundfish, herring, prawn, crab, red sea urchin and sea cucumber by providing a copy of the proposal in writing to the Parties.

5. Neither Canada nor the Tla'amin Nation will propose a formula until Canada is satisfied that there is sufficient information on which to establish the abundance-based formula. Canada or the Tla'amin Nation may ask the Joint Fisheries Committee to make recommendations on whether there is sufficient information on which to establish an abundance-based formula. Where Canada does not follow such a recommendation by the Joint Fisheries Committee, Canada will provide written reasons to the Tla'amin Nation.

6. Where Canada or the Tla'amin Nation proposes the establishment of an abundance-based formula, Canada and the Tla'amin Nation will negotiate and attempt to reach agreement on the formula.

7. Canada and the Tla'amin Nation may ask the Joint Fisheries Committee to make recommendations on an abundance-based formula.

8. Where the representatives of Canada and the Tla'amin Nation on the Joint Fisheries Committee agree on a Joint Fisheries Committee recommendation on a formula, the Joint Fisheries Committee will notify Canada and the Tla'amin Nation of the recommendation.

9. Where Canada and the Tla'amin Nation negotiate and attempt to reach agreement on a formula, Canada and the Tla'amin Nation will provide each other with recommendations and other material that Canada or the Tla'amin Nation considers relevant. Where Canada and the Tla'amin Nation do not agree in writing on a formula for the Tla'amin Fish Allocation for lingcod, rockfish, other groundfish, herring, prawn, crab, red sea urchin or sea cucumber within one year of a proposal, the Minister will determine the formula, taking into account the recommendations and other material that Canada and the Tla'amin Nation provided to each other. Canada will provide written reasons to the Tla'amin Nation if the formula has significant differences from the recommendations of the Tla'amin Nation.

10. Where Canada and the Tla'amin Nation agree in writing on a formula or the Minister determines a formula under section 9 of this Schedule, this Schedule is deemed to be amended to incorporate the formula.

Rockfish and Lingcod

11. In any year, the Tla'amin Fish Allocation for the aggregate of rockfish and lingcod is a maximum of 5,000 lbs.

12. The allocation for rockfish and lingcod will be determined by an abundance-based formula.

Other Groundfish

13. In any year, the Tla'amin Fish Allocation for all groundfish other than rockfish and lingcod is a maximum of 1,000 lbs.

14. The allocation for each species of other groundfish will be determined by an abundance-based formula.

Herring

15. In any year, the Tla'amin Fish Allocation for herring is a maximum of 62,600 lbs of whole herring or a corresponding amount of herring spawn on kelp or of herring spawn on boughs, in accordance with the conversion rates for whole herring to herring spawn on kelp or herring spawn on boughs as described in the Tla'amin Fisheries Operational Guidelines.

16. The allocation for herring will be determined by an abundance-based formula.

Prawn

17. In any year, the Tla'amin Fish Allocation for prawn is a maximum of 28,500 lbs.

18. The allocation for prawn will be determined by an abundance-based formula.

Crab

19. In any year, the Tla'amin Fish Allocation for whole crab is a maximum of 3,500 lbs.

20. The allocation for crab will be determined by an abundance-based formula.

Red Sea Urchin

21. In any year, the Tla'amin Fish Allocation for sea urchins is a maximum of 6,300 lbs.

22. The allocation for red sea urchins will be determined by an abundance-based formula.

Sea Cucumber

23. In any year, the Tla'amin Fish Allocation for sea cucumbers is a maximum of 8,500 lbs.

24. The allocation for sea cucumbers will be determined by an abundance-based formula.

SCHEDULE 3 — COMMERCIAL FISHING LICENCES

1. In this Schedule, "Commercial Fishing Licence" means a fishing licence issued under the authority of the Fisheries Act and the Pacific Fishery Regulations, 1993, as amended from time to time.

2. One Commercial Fishing Licence with a maximum vessel length of 11.00 metres or, if the Tla'amin Nation places another vessel-based licence on the vessel, then a maximum vessel length of 18.62 metres with the following quotas:

a. Pacific halibut: an amount equivalent to 0.177196 percent of the Canadian Commercial Total Allowable Catch;

b. dogfish: an amount equivalent to 0.30882151 percent of the Canadian Commercial Total Allowable Catch in Dogfish Groundfish Management Areas 3C, 3D, 5A, 5B, 5C, 5D and 5E; and

c. lingcod:

i. an amount equivalent to 0.25199708 percent of the Canadian Commercial Total Allowable Catch in Lingcod Groundfish Management Area 3D;

ii. an amount equivalent to 2.26798512 percent of the Canadian Commercial Total Allowable Catch in Lingcod Groundfish Management Areas 5A and 5B; and

iii. an amount equivalent to 2.15999050 percent of the Canadian Commercial Total Allowable Catch in Lingcod Groundfish Management Areas 5C, 5D and 5E,

containing the usual conditions of a halibut Category L commercial fishing licence.

3. One Commercial Fishing Licence for prawn with a maximum vessel length of 8.08 metres, containing the usual conditions of a prawn Category W commercial fishing licence.

4. The Parties will update this Schedule before the Effective Date to reflect any amendments by the Minister to the conditions that are attached to the Commercial Fishing Licences.