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CHAPTER 11 — MIGRATORY BIRDS

GENERAL

1. The Tla'amin Nation has the right to harvest Migratory Birds for Domestic Purposes within the Wildlife and Migratory Birds Harvest Area set out in Appendix P throughout the year in accordance with this Agreement.

2. The Tla'amin Right to Harvest Migratory Birds is limited by measures necessary for conservation, public health or public safety.

3. Canada or British Columbia will give notice of its intent to implement a public health or public safety measure identified under paragraph 2 to the Tla'amin Nation:

a. before the measure is implemented if it is practicable to do so; or

b. as soon as practicable after the measure is implemented.

4. The Tla'amin Right to Harvest Migratory Birds is held by the Tla'amin Nation and cannot be alienated.

5. Tla'amin Citizens may exercise the Tla'amin Right to Harvest Migratory Birds except as otherwise provided under Tla'amin Law.

6. This Agreement does not alter Federal or Provincial Law in respect of property in Migratory Birds.

7. The Minister retains the authority for managing and conserving Migratory Birds and Migratory Birds habitat.

HARVEST AREAS

8. The exercise of the Tla'amin Right to Harvest Migratory Birds in Area A of the Wildlife and Migratory Birds Harvest Area set out in Appendix P is subject to a protocol in effect between the Tla'amin Nation and the Homalco Indian Band.

9. The exercise of the Tla'amin Right to Harvest Migratory Birds in Area B of the Wildlife and Migratory Birds Harvest Area set out in Appendix P is subject to a protocol in effect between the Tla'amin Nation and the Klahoose First Nation.

10. The exercise of the Tla'amin Right to Harvest Migratory Birds in Area C of the Wildlife and Migratory Birds Harvest Area set out in Appendix P is subject to a protocol in effect between the Tla'amin Nation and each of the Homalco Indian Band and the Klahoose First Nation.

11. The Tla'amin Nation will provide a copy of the protocols referred to in paragraphs 8 to 10 and any amendments to Canada and British Columbia and will notify Canada and British Columbia if a protocol is cancelled.

12. The Tla'amin Right to Harvest Migratory Birds may be exercised on lands that are owned in fee simple, other than Tla'amin Lands, within the Wildlife and Migratory Birds Harvest Area but that harvesting is subject to Federal and Provincial Law in respect of access to fee simple lands.

13. Notwithstanding paragraph 1, the Tla'amin Nation may exercise the Tla'amin Right to Harvest Migratory Birds on an Indian Reserve within the Wildlife and Migratory Birds Harvest Area, if the Indian Band for whom the Indian Reserve was set aside agrees in writing to provide such access, but any such agreement:

a. will not cause an Indian Reserve to be included within the Wildlife and Migratory Birds Harvest Area; and

b. does not prevent the Indian Band for whom the Indian Reserve is set aside, in its absolute discretion, from revoking such access.

14. This Agreement does not preclude the Tla'amin Nation from entering into an agreement with a federal department or agency in respect of access by Tla'amin Citizens to and harvesting of Migratory Birds on land owned by Canada or in use by the Department of National Defence in accordance with that agreement and Federal and Provincial Law.

HARVESTING MIGRATORY BIRDS OUTSIDE THE WILDLIFE AND MIGRATORY BIRDS HARVEST AREA

15. Nothing in this Agreement precludes Tla'amin Citizens from harvesting Migratory Birds throughout Canada in accordance with:

a. Federal and Provincial Law; or

b. Federal and Provincial Law and:

i. any agreements between the Tla'amin Nation and other aboriginal groups;

ii. any arrangements between other aboriginal groups and Canada or British Columbia; or

iii. any agreements between the Tla'amin Nation and British Columbia.

INCIDENTAL USE OF RESOURCES

16. Tla'amin Citizens may use resources on provincial Crown land within the Wildlife and Migratory Birds Harvest Area for purposes reasonably incidental to the exercise of the Tla'amin Right to Harvest Migratory Birds, subject to Federal and Provincial Law.

SALE, TRADE AND BARTER

17. Tla'amin Citizens may sell Migratory Birds harvested under the Tla'amin Right to Harvest Migratory Birds where the sale of Migratory Birds is permitted under and in accordance with:

a. Federal and Provincial Law; and

b. Tla'amin Law enacted under 29.b.

18. Notwithstanding paragraph 17, the Tla'amin Nation and Tla'amin Citizens may sell inedible byproducts, including down, of Migratory Birds harvested under the Tla'amin Right to Harvest Migratory Birds in accordance with any Tla'amin Law enacted under subparagraph 27.f.

19. The Tla'amin Nation has the right to Trade and Barter Migratory Birds harvested under the Tla'amin Right to Harvest Migratory Birds:

a. among themselves; or

b. with other aboriginal people of Canada.

20. The right to Trade and Barter under paragraph 19 is held by the Tla'amin Nation and cannot be alienated.

21. Tla'amin Citizens may exercise the right to Trade and Barter under paragraph 19 except as otherwise provided under Tla'amin Law.

TRANSPORT AND EXPORT

22. Any transport or export of Migratory Birds and their inedible byproducts, including down, harvested under the Tla'amin Right to Harvest Migratory Birds will be in accordance with Federal and Provincial Law.

23. All individuals who transport Migratory Birds harvested under the Tla'amin Right to Harvest Migratory Birds will have in their possession a record of receipt of the Migratory Birds showing:

a. the date and place of receipt; and

b. the name and address of the Tla'amin Citizen who harvested the Migratory Birds or from whom the Migratory Birds were acquired.

24. Notwithstanding paragraph 22, Migratory Birds harvested under this Agreement may be transported within Canada throughout the year.

LICENCES AND FEES

25. Subject to paragraph 26, Tla'amin Citizens are not required to have federal or provincial licences or pay any fees or royalties to Canada or British Columbia relating to the exercise of the Tla'amin Right to Harvest Migratory Birds.

26. Nothing in this Agreement affects Canada's ability to require Tla'amin Citizens to obtain licences for the use and possession of firearms under Federal Law on the same basis as other aboriginal people of Canada.

LAW-MAKING AUTHORITY

27. The Tla'amin Nation may make laws in respect of the Tla'amin Right to Harvest Migratory Birds for:

a. the administration of documentation to identify Tla'amin Citizens as harvesters of Migratory Birds;

b. the designation of Tla'amin Citizens as harvesters of Migratory Birds;

c. the methods, timing and geographic location of the harvest of Migratory Birds;

d. the distribution among Tla'amin Citizens of harvested Migratory Birds;

e. the Trade and Barter of Migratory Birds harvested under the Tla'amin Right to Harvest Migratory Birds; and

f. the sale of inedible byproducts of harvested Migratory Birds.

28. Tla'amin Law under paragraph 27 prevails to the extent of a Conflict with Federal or Provincial Law.

29. The Tla'amin Nation may make laws in respect of the Tla'amin Right to Harvest Migratory Birds for:

a. the management of Migratory Birds and Migratory Birds habitat on Tla'amin Lands; and

b. the sale of Migratory Birds, other than their inedible byproducts, if permitted by Federal and Provincial Law.

30. Federal or Provincial Law prevails to the extent of a Conflict with Tla'amin Law under paragraph 29.

DOCUMENTATION

31. The Tla'amin Nation will issue documentation to identify Tla'amin Citizens who are authorized by the Tla'amin Nation to exercise the Tla'amin Right to Harvest Migratory Birds.

32. Tla'amin Citizens who have been issued documentation under paragraph 31 will be required, upon request by an authorized individual, to produce that documentation when exercising the Tla'amin Right to Harvest Migratory Birds.

33. The documentation issued under paragraph 31 will:

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

b. include sufficient information to identify the Tla'amin Citizen; and

c. meet any other requirements under Tla'amin Law.

REASONABLE OPPORTUNITY

34. 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 Migratory Birds under the Tla'amin Right to Harvest Migratory Birds, provided that British Columbia ensures that any such authorized use or disposition does not deny the Tla'amin Nation the reasonable opportunity to harvest Migratory Birds under the Tla'amin Right to Harvest Migratory Birds.

35. For the purposes of paragraph 34, British Columbia and the Tla'amin Nation will negotiate and attempt to reach agreement on a process to evaluate the impact of authorized uses or dispositions of provincial Crown land on the Tla'amin Nation's reasonable opportunity to harvest Migratory Birds.

36. The Tla'amin Right to Harvest Migratory Birds 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 34.

REGIONAL MANAGEMENT PROCESS

37. The Tla'amin Nation has the right to participate in any public or First Nation regional management process established by Canada or British Columbia that addresses matters regarding Migratory Birds that occur in or impact on the Wildlife and Migratory Birds Harvest Area.

CONSERVATION MEASURES

Consultation on Conservation Measures

38. Where, in the opinion of the Minister, conservation measures are needed to protect a population of Migratory Birds that is harvested by the Tla'amin Nation under the Tla'amin Right to Harvest Migratory Birds, the Minister will Consult with the Tla'amin Nation in respect of:

a. the necessity of the conservation measures;

b. the nature of the conservation measures;

c. measures to minimize or mitigate restrictions or limitations on the Tla'amin Right to Harvest Migratory Birds resulting from the proposed conservation measures; and

d. if applicable, the Tla'amin Nation's role in the development and the implementation of the conservation measures.

39. Where the Tla'amin Nation is of the opinion that conservation measures are needed in respect of a population of Migratory Birds that is harvested by the Tla'amin Nation under the Tla'amin Right to Harvest Migratory Birds, the Tla'amin Nation may present its views to Canada in respect of the need for such conservation measures and its proposed role in the development and implementation of them, and Canada will give full and fair consideration to the Tla'amin Nation's proposal.

40. Where the Minister has authorized the implementation of conservation measures and the conservation measures will affect the Tla'amin Right to Harvest Migratory Birds:

a. the Minister will use reasonable efforts to avoid, minimize or mitigate restrictions or limitations on the Tla'amin Right to Harvest Migratory Birds to the extent possible; and

b. the Minister, if requested, will provide written reasons to the Tla'amin Nation on the conservation measures adopted.

41. Where Canada believes on reasonable grounds that an emergency exists it may act without first Consulting the Tla'amin Nation in accordance with paragraph 38. However, as soon as practicable thereafter, Canada will inform the Tla'amin Nation of, and provide reasons for, its action.

Migratory Birds Agreements

42. The Parties may enter into agreements in respect of the conservation of Migratory Birds including:

a. information sharing;

b. implementing conservation measures, such as the allocation of harvests of a population of Migratory Birds;

c. local management of Migratory Birds and their habitats;

d. population, harvest, and habitat monitoring;

e. enforcement; and

f. licence or permit requirements.

43. Canada and the Tla'amin Nation will attempt to work in a collaborative way with other First Nations and will endeavor to work out such arrangements as are necessary to implement Migratory Birds agreements.

DESIGNATED MIGRATORY BIRD POPULATIONS

44. Where, in the opinion of any Party, there is a conservation risk to a population of Migratory Birds, that Party may make recommendations to the Minister for the designation of that population of Migratory Birds as a Designated Migratory Bird Population.

45. Where the Minister, after Consulting with the Tla'amin Nation, determines that there is a conservation risk to a population of Migratory Birds that requires the allocation of the harvest of that population among user groups, and that any other conservation measures that have been implemented have not been effective in reducing the conservation risk to that population, the Minister may designate that population as a Designated Migratory Bird Population.

46. After Consulting with the Tla'amin Nation, the Minister will determine the Total Allowable Migratory Bird Harvest of the Designated Migratory Bird Population and the allocation of that Total Allowable Migratory Bird Harvest among the user groups.

47. In determining the Total Allowable Migratory Bird Harvest for the Designated Migratory Bird Population, the Minister will take into account, among other things, the following factors:

a. the status of the Designated Migratory Bird Population;

b. continental and local conservation requirements; and

c. Canada's international commitments in respect of Migratory Birds.

48. In making a Tla'amin Migratory Bird allocation of the Total Allowable Migratory Bird Harvest for the Designated Migratory Bird Population, the Minister will take into account, among other things, the following factors:

a. the Total Allowable Migratory Bird Harvest for the Designated Migratory Bird Population;

b. the current and past domestic needs and harvesting practices of the Tla'amin Nation for the Designated Migratory Bird Population;

c. the extent and nature of the Tla'amin Right to Harvest Migratory Birds; and

d. the interests of other user groups within the range of the Designated Migratory Bird Population.

49. On the recommendations of the Parties, the Minister may determine that there is no longer a conservation risk to a Designated Migratory Bird Population and remove the designation.

Contents | Sections 1 to 28 | Schedule - Contents | Schedule - Preamble | Schedule - Chapter 1 | Schedule - Chapter 2 | Schedule - Chapter 3 | Schedule - Chapter 4 | Schedule - Chapter 5 | Schedule - Chapter 6 | Schedule - Chapter 7 | Schedule - Chapter 8 | Schedule - Chapter 9 | Schedule - Chapter 10 | Schedule - Chapter 11 | Schedule - Chapter 12 | Schedule - Chapter 13 | Schedule - Chapter 14 | Schedule - Chapter 15 | Schedule - Chapter 16 | Schedule - Chapter 17 | Schedule - Chapter 18 | Schedule - Chapter 19 | Schedule - Chapter 20 | Schedule - Chapter 21 | Schedule - Chapter 22 | Schedule - Chapter 23 | Schedule - Chapter 24 | Schedule - Chapter 25 | Schedule - Chapter 26 | Appendix - Contents | Appendix - Introduction | Appendix - Appendix A | Appendix - Appendix B | Appendix - Appendix C | Appendix - Appendix D | Appendix - Appendix E | Appendix - Appendix F | Appendix - Appendix G | Appendix - Appendix H | Appendix - Appendix I | Appendix - Appendix J | Appendix - Appendix K | Appendix - Appendix L | Appendix - Appendix M | Appendix - Appendix N | Appendix - Appendix O | Appendix - Appendix P | Appendix - Appendix Q | Appendix - Appendix R | Appendix - Appendix S | Appendix - Appendix T | Appendix - Appendix U | Appendix - Appendix V | Appendix - Appendix W | Appendix - Appendix X

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