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This Act is current to October 8, 2024 | |||
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force. |
Despite the above date, the Schedule to the Act, including the Map of Nisg̱a'a Lands and the Appendices, is current to May 11, 2000. See "Amending Agreements" for amendments to the Schedule.
WILDLIFE AND MIGRATORY BIRDS
Nisg̱a'a Wildlife Entitlements
1. Nisg̱a'a citizens have the right to harvest wildlife throughout the Nass Wildlife Area in accordance with this Agreement subject to:
a. measures that are necessary for conservation; and
b. legislation enacted for the purposes of public health or public safety.
2. The entitlement set out in paragraph 1 is a right to harvest in a manner that:
a. is consistent with:
i. the communal nature of the Nisg̱a'a harvest for domestic purposes, and
ii. the traditional seasons of the Nisg̱a'a harvest; and
b. does not interfere with other authorized uses of Crown land.
3. Notwithstanding paragraphs 1 and 2, the Crown may authorize uses of or dispose of Crown land, and any authorized use or disposition may affect the methods, times, and locations of harvesting wildlife under Nisg̱a'a wildlife entitlements, provided that the Crown ensures that those authorized uses or dispositions do not:
a. deny Nisg̱a'a citizens the reasonable opportunity to harvest wildlife under Nisg̱a'a wildlife entitlements; or
b. reduce Nisg̱a'a wildlife allocations.
4. Subject to paragraph 3, Nisg̱a'a citizens may harvest wildlife under Nisg̱a'a wildlife entitlements on lands that are owned in fee simple off of Nisg̱a'a Lands, but that harvesting will be in accordance with laws of general application in respect of harvesting wildlife on fee simple lands.
5. Subject to paragraphs 70, 92, and 93, Nisg̱a'a wildlife entitlements are for domestic purposes.
6. Notwithstanding that Nisg̱a'a wildlife entitlements are treaty rights, a Nisg̱a'a wildlife allocation that is set out as a percentage of the total allowable harvest has the same priority as the recreational and commercial harvest of the total allowable harvest of that species.
7. This Agreement is not intended to alter federal or provincial laws of general application in respect of property in wildlife or migratory birds.
8. Nisg̱a'a wildlife entitlements are held by the Nisg̱a'a Nation.
9. The Nisg̱a'a Nation may not dispose of Nisg̱a'a wildlife entitlements.
Licences, Fees, Charges, and Royalties
10. Canada and British Columbia will not require Nisg̱a'a citizens:
a. to have federal or provincial licences; or
b. to pay fees, charges, or royalties
in respect of the harvest of wildlife or migratory birds under Nisg̱a'a wildlife entitlements. This paragraph does not restrict Canada's ability to require licences for the use and possession of firearms under federal laws on the same basis as applies to other aboriginal people of Canada.
11. From time to time the Nisg̱a'a Nation and British Columbia will negotiate and attempt to reach agreements concerning the Nisg̱a'a Nation contributions to any provincial fund dedicated to wildlife conservation and habitat protection, at a level that is commensurate with and takes into account:
a. the contributions made by licensed hunters throughout British Columbia;
b. the application of the provincial fund to the Nass Wildlife Area; and
c. the performance of similar wildlife management activities by Nisg̱a'a Lisims Government.
Harvesting Under Other Laws and Agreements
12. This Agreement does not preclude Nisg̱a'a citizens from harvesting wildlife or migratory birds throughout Canada in accordance with:
a. federal and provincial laws;
b. any agreements that are in accordance with laws of general application between the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Corporation on the one hand, and other aboriginal people on the other; or
c. any arrangements between other aboriginal people and Canada or British Columbia.
13. British Columbia and the Nisg̱a'a Nation may agree to alter the boundaries of the Nass Wildlife Area from time to time.
14. Provincial laws in respect of the designation of wildlife management areas and critical wildlife areas do not apply on Nisg̱a'a Lands.
Initial Designated Species
15. On the effective date, the Minister will designate moose, grizzly bear, and mountain goat as the initial designated species.
Designation of Wildlife Species and Determination of Total Allowable Harvests
16. Nisg̱a'a Lisims Government or British Columbia may request the Wildlife Committee to recommend whether a wildlife species should be, or continue to be, a designated species.
17. The Minister may designate a wildlife species, other than the initial designated species, only if the Minister determines that, in order to address a significant risk to a wildlife population, there should be a total allowable harvest of that wildlife species.
18. The Minister may determine that a wildlife species is no longer a designated species only if the Minister determines that the significant risk to the wildlife population no longer exists.
19. The Minister will request and consider recommendations from the Wildlife Committee before determining whether a species will be, or continue to be, a designated species.
20. British Columbia and Nisg̱a'a Lisims Government will provide the Wildlife Committee with the information that is reasonably available and necessary to enable the Wildlife Committee to recommend whether a wildlife species should be, or continue to be, a designated species.
Total Allowable Harvests
21. The Minister will request and consider recommendations from the Wildlife Committee before determining the total allowable harvest for any designated species.
22. In determining the total allowable harvest for a designated species, the Minister will, in accordance with proper wildlife management, take into account:
a. the population of the species within the Nass Wildlife Area; and
b. the population of the species within its normal range or area of movement outside the Nass Wildlife Area.
Nisg̱a'a Wildlife Entitlements
23. Before:
a. a wildlife species is designated in accordance with this Agreement;
b. a Nisg̱a'a wildlife allocation of that wildlife species is established; and
c. a total allowable harvest of that wildlife species is determined,
subject to paragraph 70, Nisg̱a'a citizens have the right to harvest that wildlife species for domestic purposes.
Nisg̱a'a Wildlife Allocations
24. If:
a. a wildlife species is designated in accordance with this Agreement;
b. a Nisg̱a'a wildlife allocation of that wildlife species is established; and
c. a total allowable harvest of that wildlife species is determined
Nisg̱a'a citizens have the right to harvest that designated species, in accordance with that Nisg̱a'a wildlife allocation.
25. The Nisg̱a'a wildlife allocations of the initial designated species are set out in Schedule A.
26. A Nisg̱a'a wildlife allocation that is determined or varied under this Agreement, and any review provisions agreed to under paragraph 28, will be added to Schedule A.
27. Unless British Columbia and the Nisg̱a'a Nation otherwise agree, or it is otherwise determined by arbitration under paragraph 33, the Nisg̱a'a wildlife allocation of a species that is designated after the effective date:
a. will, at or below the estimated harvest level at the time of the designation of the species, reflect the share of the harvest that was harvested by the Nisg̱a'a Nation before the designation;
b. will provide for an increasing share of the total allowable harvest by persons other than Nisg̱a'a citizens as the total allowable harvest increases above the level at which the species was designated; and
c. may provide for a maximum amount for the Nisg̱a'a harvest.
28. If the Minister designates a species after the effective date, British Columbia and the Nisg̱a'a Nation will negotiate and attempt to reach agreement on a Nisg̱a'a wildlife allocation of that designated species, and they may also agree to provisions to review that Nisg̱a'a wildlife allocation.
29. Any determination or variation of a Nisg̱a'a wildlife allocation, including a determination or variation by an arbitrator under paragraph 33, will take into account all relevant information presented by British Columbia and the Nisg̱a'a Nation and in particular information presented in respect of:
a. the status of the species;
b. conservation requirements;
c. current and past Nisg̱a'a harvest for domestic purposes;
d. change in Nisg̱a'a harvesting effort; and
e. the effect on the species of harvesting by others.
Review of Nisg̱a'a Wildlife Allocations of Initial Designated Species
30. Within 15 years of the effective date, British Columbia and the Nisg̱a'a Nation will review the Nisg̱a'a wildlife allocation of an initial designated species:
a. once at the request of either British Columbia or the Nisg̱a'a Nation at any time after five years from the effective date; and
b. if there has been a review under subparagraph (a):
i. once at the request of British Columbia, and
ii. once at the request of the Nisg̱a'a Nation
at any time after five years from the date the review under subparagraph (a) was requested.
31. British Columbia and the Nisg̱a'a Nation may agree to vary the Nisg̱a'a wildlife allocation of an initial designated species after any review under paragraph 30.
32. Notwithstanding paragraphs 30 and 31, British Columbia and the Nisg̱a'a Nation may agree to review and vary the Nisg̱a'a wildlife allocation of an initial designated species at any time.
Arbitration
33. If British Columbia and the Nisg̱a'a Nation fail to agree on:
a. the Nisg̱a'a wildlife allocation of an initial designated species following a review under paragraph 30; or
b. the Nisg̱a'a wildlife allocation of any other designated species under paragraphs 27 to 29
the allocation will be finally determined by arbitration under the Dispute Resolution Chapter.
34. The Party requesting a review of the Nisg̱a'a wildlife allocation of a designated species has the onus of establishing that the Nisg̱a'a wildlife allocation should be varied.
Responsibilities of the Parties
35. Subject to this Agreement, the Minister is responsible for wildlife.
36. The Minister will manage all wildlife harvesting within the Nass Wildlife Area in a manner consistent with any total allowable harvest and harvest objectives established under this Agreement.
37. Nisg̱a'a Lisims Government may make laws that are in respect of the Nisg̱a'a Nation's rights and obligations in respect of wildlife and migratory birds under, and that are consistent with, this Agreement and that are not inconsistent with the annual management plans, including matters such as:
a. the distribution among Nisg̱a'a citizens of Nisg̱a'a wildlife entitlements;
b. the establishment and administration of licensing requirements for the harvest of wildlife and migratory birds under the Nisg̱a'a wildlife entitlements;
c. the methods, timing, and locations of the harvest of species of wildlife included in the annual management plan, and migratory birds under the Nisg̱a'a wildlife entitlements;
d. the methods, timing, and locations of the harvest of species of wildlife not included in the annual management plan;
e. the designation and documentation of persons who harvest wildlife and migratory birds under the Nisg̱a'a wildlife entitlements;
f. the trade or barter of wildlife and migratory birds harvested by Nisg̱a'a citizens under the Nisg̱a'a wildlife entitlements; and
g. other matters agreed to by the Parties.
38. In the event of an inconsistency or conflict between a law made under paragraph 37, other than a law made under subparagraph 37(d), and a federal or provincial law, the Nisg̱a'a law will prevail to the extent of the inconsistency or conflict.
39. Nisg̱a'a Lisims Government may make laws in respect of any sale of wildlife, migratory birds, or the inedible by-products or down of migratory birds, that are harvested under this Agreement.
40. In the event of a conflict between a law made under subparagraph 37 (d) or paragraph 39 and a federal or provincial law of general application, the federal or provincial law will prevail to the extent of the conflict.
41. Nisg̱a'a Lisims Government will make laws to require:
a. that any wildlife or wildlife parts, including meat, harvested under this Agreement, that are transported outside Nisg̱a'a Lands for the purpose of trade or barter be identified as wildlife for trade or barter; and
b. Nisg̱a'a citizens to comply with the annual management plan.
42. Nisg̱a'a Lisims Government may develop and carry out training programs for hunters in relation to conservation and safety, that are comparable to training programs that are carried out under provincial laws of general application, and successful completion of these programs will be deemed to satisfy any training requirements in relation to conservation and safety under those provincial laws.
43. Nisg̱a'a Lisims Government may develop and carry out training programs for hunters in relation to conservation and safety, that are comparable to training programs that are carried out under federal laws.
44. The person authorized under federal or provincial legislation to designate persons to administer tests in respect of firearms use or safety, will designate any person nominated by Nisg̱a'a Lisims Government for the purpose of carrying out the responsibilities of administering federal and provincial tests in respect of firearms use or safety, if the person nominated by Nisg̱a'a Lisims Government has the firearms licence and the firearms use or safety testing qualifications:
a. generally required of all persons who administer those tests in British Columbia; or
b. required of aboriginal persons who administer those tests in British Columbia, if specific qualifications have been established for aboriginal persons to administer those tests.
Wildlife Committee
45. On the effective date, the Parties will establish a Wildlife Committee to facilitate wildlife management within the Nass Wildlife Area. For this purpose, the Wildlife Committee will carry out the responsibilities assigned to it under this Agreement, including:
a. recommending to the Minister and Nisg̱a'a Lisims Government any conservation requirements it considers advisable for wildlife species within the Nass Wildlife Area;
b. recommending to the Minister and Nisg̱a'a Lisims Government whether any wildlife species should be, or continue to be, a designated species;
c. recommending to the Minister and Nisg̱a'a Lisims Government each year the total allowable harvest levels for designated species, including the objectives for:
i. the geographic distribution of the harvest within the Nass Wildlife Area,
ii. the sex and age composition of the harvest,
iii. monitoring, reporting, and auditing requirements, and
iv. other similar matters;
d. recommending to the Minister and Nisg̱a'a Lisims Government whether there should be an annual management plan for any wildlife species other than designated species;
e. recommending to the Minister and Nisg̱a'a Lisims Government annual management plans, that are consistent with this Agreement and proper wildlife management, for the Nisg̱a'a harvest of designated species and any other wildlife species for which the Minister and Nisg̱a'a Lisims Government have agreed that there should be an annual management plan;
f. advising the Minister and Nisg̱a'a Lisims Government in respect of the design of any studies necessary to carry out the terms of this Chapter or to facilitate proper wildlife management within the Nass Wildlife Area;
g. advising the Minister and Nisg̱a'a Lisims Government in respect of amendments to laws that apply to the management of wildlife and wildlife harvests within the Nass Wildlife Area;
h. advising the Minister and Nisg̱a'a Lisims Government on wildlife management policies, projects, plans, and programs, that significantly affect the Nass Wildlife Area and its wildlife populations;
i. developing long-term wildlife management plans it considers necessary for carrying out its responsibilities;
j. facilitating sharing of information and plans for existing and proposed wildlife harvesting that could affect or be affected by Nisg̱a'a wildlife harvesting;
k. communicating with other management or advisory bodies about matters of mutual interest; and
l. carrying out other activities agreed to by the Nisg̱a'a Nation and British Columbia or Canada, as the case may be.
46. The Wildlife Committee has up to nine members. The Nisg̱a'a Nation and British Columbia will each appoint an equal number of members, to a maximum of four each, and Canada will appoint one member, to represent them on the Wildlife Committee. The members of the Wildlife Committee representing the Nisg̱a'a Nation, Canada and British Columbia are responsible for functions in respect of wildlife fish. The members of the Wildlife Committee representing the Nisg̱a'a Nation and British Columbia are responsible for functions in respect of all other wildlife.
47. The Wildlife Committee will meet as often as necessary to carry out its responsibilities and will establish its procedures.
48. Whenever possible, the Wildlife Committee will carry out its responsibilities by consensus. If there is no consensus, the Wildlife Committee will submit the recommendations or advice of each Party's representatives.
49. If it is impracticable for the Wildlife Committee to address an issue, each Party's representatives may submit the recommendations or advice.
50. British Columbia or Canada, as the case may be, will consult with the Nisg̱a'a Nation before enacting regulations or adopting policies that will significantly affect wildlife management or harvesting within the Nass Wildlife Area. Unless the Nisg̱a'a Nation and British Columbia or Canada, as the case may be, otherwise agree, this consultation will take place through the Wildlife Committee.
51. Nisg̱a'a Lisims Government and the Minister will provide the Wildlife Committee with all relevant data in their possession in respect of all wildlife harvesting and other matters relevant to wildlife management within the Nass Wildlife Area.
Other Wildlife Management Bodies
52. The Parties acknowledge that wildlife management may involve the consideration of matters on a regional or watershed basis.
53. If Canada or British Columbia proposes to establish a wildlife or migratory birds management advisory body:
a. for an area that includes any portion of the Nass Wildlife Area; or
b. in respect of wildlife or migratory bird populations whose normal range of movement includes any portion of the Nass Wildlife Area
Canada or British Columbia, as the case may be, will consult with the Nisg̱a'a Nation in developing that body.
54. The Nisg̱a'a Nation is entitled to appropriate representation on any regional or provincial advisory body established by Canada or British Columbia to provide advice or recommendations to the Minister in respect of:
a. matters pertaining to wildlife or migratory birds in an area that includes any portion of the Nass Wildlife Area; or
b. wildlife or migratory bird populations whose normal range of movement includes any portion of the Nass Wildlife Area.
Annual Management Plans
55. An annual management plan will set out the management provisions in respect of the Nisg̱a'a harvest under this Agreement of designated species and other species that the Nisg̱a'a Nation and British Columbia or Canada, as the case may be, have agreed should be included in the annual management plan. The plan will include, as appropriate, provisions consistent with this Agreement in respect of:
a. the identification of Nisg̱a'a harvesters;
b. the methods, timing, and locations of the harvest;
c. the sex and age composition of the harvest of designated species and other species as agreed;
d. monitoring of the harvest and data collection;
e. possession and transportation of wildlife or wildlife parts;
f. the level of harvest of any designated and any other species that may be harvested on Nisg̱a'a Public Lands by persons other than Nisg̱a'a citizens, in accordance with the Access Chapter;
g. angling guiding under paragraph 83; and
h. other matters in respect of wildlife that the Nisg̱a'a Nation and British Columbia or Canada, as the case may be, agree to include in the annual management plan.
56. Each year Nisg̱a'a Lisims Government will propose an annual management plan, for designated species and any other species that the Nisg̱a'a Nation and British Columbia or Canada, as the case may be, have agreed to include in the annual management plan, that will:
a. be consistent with Nisg̱a'a wildlife entitlements to wildlife;
b. set out any Nisg̱a'a preferences for methods, timing, and locations of harvest; and
c. take into account any management concerns identified by the Minister or Nisg̱a'a Lisims Government.
57. Nisg̱a'a Lisims Government will forward the proposed annual management plans to the Wildlife Committee on a timely basis.
58. The Wildlife Committee, on a timely basis, will:
a. consider the proposed annual management plans, taking into account the matters set out in paragraph 59;
b. make any appropriate adjustments that are necessary to integrate the Nisg̱a'a annual management plans with other wildlife conservation and harvesting plans, while giving effect to the Nisg̱a'a preferences in respect of methods, timing, and locations of harvest, to the extent possible; and
c. make recommendations in respect of the proposed annual management plans to the Minister and Nisg̱a'a Lisims Government.
Review of Recommendations
59. In considering the recommendations of the Wildlife Committee or its members, the Minister will take into account:
a. conservation requirements and availability of wildlife resources;
b. any Nisg̱a'a preferences in respect of harvest locations, methods, or times stated in the recommendations;
c. utilization of the wildlife resources for the benefit of all Canadians;
d. efficient and effective management of wildlife resources;
e. requirements for the integration and efficient management of the overall wildlife resources;
f. accepted scientific procedures for wildlife management; and
g. other relevant statutory considerations.
60. The Minister will not delegate the authority to reject recommendations of the Wildlife Committee, or its members, in whole or in part, below the Assistant Deputy Minister level.
61. If special circumstances make it impracticable to receive recommendations or advice from the Wildlife Committee, the Minister:
a. may make the decision or take the action that the Minister considers necessary, without receiving recommendations or advice from the Wildlife Committee;
b. will advise Nisg̱a'a Lisims Government and the Wildlife Committee as soon as practicable of that decision or action; and
c. will provide Nisg̱a'a Lisims Government and the Wildlife Committee with written reasons for that decision or action if the matter is one about which the Wildlife Committee is required to make a recommendation.
62. If an annual management plan, or any amendment to an annual management plan, recommended by the Wildlife Committee or its members is consistent with this Agreement, the Minister will approve the annual management plan or the amendment.
63. If the Minister receives, from the Wildlife Committee, more than one recommendation that is consistent with this Agreement, in respect of an annual management plan, or any amendment to an annual management plan, the Minister will approve the recommendation that, in the Minister's opinion, best takes into account the matters set out in paragraph 59.
64. If the Minister does not approve an annual management plan, or any amendment to an annual management plan, recommended by the Wildlife Committee or its members, the Minister will provide written reasons and specify what changes are necessary for its approval.
65. The Minister, on a timely basis and in a manner consistent with this Agreement, will:
a. approve or reject, in whole or in part, all recommendations, other than recommendations in respect of an annual management plan, made by the Wildlife Committee or its members; and
b. provide written reasons for rejecting any recommendations.
66. Notwithstanding paragraph 62, the Minister will not approve any method of harvest that differs from those permitted under federal or provincial laws of general application unless the Minister is satisfied that the method is consistent with public safety.
Federal and Provincial Laws of General Application
67. In order to:
a. avoid duplication of requirements between an annual management plan and federal and provincial laws of general application; and
b. otherwise facilitate the management of Nisg̱a'a wildlife harvesting
if there is an inconsistency between an annual management plan and a federal or provincial law of general application, the annual management plan prevails to the extent of the inconsistency.
TRADE, BARTER, AND SALE OF WILDLIFE
68. Nisg̱a'a citizens have the right to trade or barter among themselves, or with other aboriginal people, any wildlife or wildlife parts harvested under this Agreement.
69. Notwithstanding paragraphs 37, 38, and 68, any export of wildlife or wildlife parts from British Columbia or Canada will be in accordance with federal and provincial laws of general application.
70. Any sale of wildlife or wildlife parts, including meat, harvested under this Agreement will be in accordance with federal and provincial laws of general application, and with any Nisg̱a'a law in respect of sale of wildlife.
71. On the effective date, the traplines wholly or partially on Nisg̱a'a Lands that are, on the effective date, not registered to any person, and are listed in Schedule B, are registered to the Nisg̱a'a Nation.
72. If the holder of a trapline within the Nass Wildlife Area agrees to transfer the trapline to the Nisg̱a'a Nation, a Nisg̱a'a Institution, or a Nisg̱a'a Corporation, British Columbia will consent to the transfer.
73. If a trapline that is wholly or partially on Nisg̱a'a Lands becomes vacant by reason of abandonment or by operation of law, British Columbia will register the trapline to the Nisg̱a'a Nation, a Nisg̱a'a Institution, or a Nisg̱a'a Corporation, as designated by Nisg̱a'a Lisims Government.
74. Nisg̱a'a citizens who hold traplines that are wholly outside Nisg̱a'a Lands continue to hold those traplines in accordance with federal and provincial laws of general application. Those traplines are set out in Schedule C.
75. British Columbia will not register any new traplines within Nisg̱a'a Lands without the consent of the Nisg̱a'a Nation.
76. British Columbia will consult with the Nisg̱a'a Nation before approving any proposed transfer of, or change in terms and conditions of, an existing trapline that is wholly or partially within Nisg̱a'a Lands.
77. British Columbia and the Nisg̱a'a Nation will negotiate and attempt to reach agreement in respect of Nisg̱a'a Lisims Government authority for the management of some or all of traplines that are registered to the Nisg̱a'a Nation, a Nisg̱a'a Village, a Nisg̱a'a Institution, a Nisg̱a'a Corporation, or Nisg̱a'a citizens, in the Nass Wildlife Area.
78. Subject to paragraph 79, trapping on Nisg̱a'a Lands is regulated in the same manner as trapping is regulated on fee simple land in British Columbia.
79. Trapping on traplines that are held by an individual and are on Nisg̱a'a Lands, is regulated in the same manner as trapping on Crown land in British Columbia, but construction of cabins or other structures associated with traplines is subject to Nisg̱a'a laws.
80. For greater certainty, in accordance with paragraph 13 of the General Provisions Chapter, federal and provincial laws of general application apply to the sale of furs.
81. If a guide outfitter's certificate registered to a person other than the Nisg̱a'a Nation ceases to apply to an area wholly or partially on Nisg̱a'a Lands by reason of abandonment or operation of law, British Columbia will issue to the Nisg̱a'a Nation a guide outfitter's licence and a guide outfitter's certificate for the area set out in Appendix K. This licence and certificate will be subject to federal and provincial laws of general application.
82. British Columbia will not issue a new guide outfitter's certificate or licence that applies to any portion of Nisg̱a'a Lands without the consent of the Nisg̱a'a Nation. British Columbia will consult with the Nisg̱a'a Nation before approving any proposed transfer, or change in terms and conditions, of any guide outfitter's certificate or licence that applies to any portion of the Nass Wildlife Area.
83. On the effective date, British Columbia will issue an angling guide licence to the Nisg̱a'a Nation, for the watercourses outside of Nisg̱a'a Lands that are identified in Schedule D.
84. British Columbia will not:
a. issue any new angling guide licences that apply to watercourses within Nisg̱a'a Lands; or
b. include any watercourses within Nisg̱a'a Lands in the angling guide licences set out in Appendix C-7, other than those watercourses that are listed in those angling guide licences on the effective date
without the consent of the Nisg̱a'a Nation.
85. British Columbia will consult with the Nisg̱a'a Nation before approving any proposed transfer, or change in terms and conditions, of an existing angling guide licence that applies to watercourses within Nisg̱a'a Lands.
86. The annual management plan will include provisions in respect of Nisg̱a'a guiding of anglers within Nisg̱a'a Lands that are comparable to those provisions applicable outside of Nisg̱a'a Lands in respect of matters such as training, insurance, and reporting.
Nisg̱a'a Wildlife Entitlement
87. Nisg̱a'a citizens have the right to harvest migratory birds within the Nass Area throughout the year for domestic purposes, in accordance with this Agreement, subject to:
a. measures that are necessary for conservation; and
b. legislation enacted for the purposes of public health or public safety.
88. The entitlement set out in paragraph 87 is a right to harvest in a manner that:
a. is consistent with the communal nature of the Nisg̱a'a harvest for domestic purposes, and
b. does not interfere with other authorized uses of Crown land.
89. Notwithstanding paragraphs 87 and 88, the Crown may authorize uses of or dispose of Crown land, and any authorized use or disposition may affect the methods, times, and locations of harvesting migratory birds under Nisg̱a'a wildlife entitlements, provided that the Crown ensures that those authorized uses or dispositions do not deny Nisg̱a'a citizens the reasonable opportunity to harvest migratory birds under Nisg̱a'a wildlife entitlements.
Trade, Barter, and Sale
90. Nisg̱a'a citizens have the right to trade or barter among themselves, or with other aboriginal people, any migratory birds harvested under this Agreement.
91. Notwithstanding paragraphs 37, 38, and 90:
a. any export of migratory birds from British Columbia or Canada; and
b. the identification of migratory birds that are transported outside Nisg̱a'a Lands for trade and barter
will be in accordance with federal and provincial laws of general application.
92. Any sale of migratory birds will be in accordance with federal and provincial laws of general application and with any Nisg̱a'a law in respect of sale of migratory birds harvested under this Agreement.
93. Nisg̱a'a citizens have the right to sell inedible by-products, including down, of migratory birds harvested under this Agreement.
94. Any collection and sale of down of migratory birds other than down of migratory birds harvested under this Agreement will be in accordance with federal and provincial laws.
Management
95. Canada will consult with the Nisg̱a'a Nation in respect of the management of the harvest by aboriginal people of migratory birds within the Nass Area.
96. Canada will consult with the Nisg̱a'a Nation in respect of the formulation of Canada's positions relating to international agreements that may significantly affect migratory birds or their habitat within the Nass Area.
97. The Parties may negotiate agreements for purposes of managing habitat critical for conservation of migratory birds or endangered species.
98. The Nisg̱a'a Nation may negotiate agreements with Canada or British Columbia concerning enforcement of federal, provincial, or Nisg̱a'a laws in respect of wildlife and migratory birds.
99. Nisg̱a'a laws enacted in accordance with this Chapter may be enforced by persons authorized to enforce federal, provincial, or Nisg̱a'a laws in respect of wildlife or migratory birds in British Columbia.
SCHEDULE A — NISG̱A'A WILDLIFE ALLOCATIONS OF DESIGNATED SPECIES
General
1. If the calculation of a Nisg̱a'a wildlife allocation results in a fractional number, the Nisg̱a'a allocation will be:
a. the next higher whole number, if the number is 0.5 or greater; and
b. the next lower whole number, if the number is less than 0.5.
Moose
2. The Nisg̱a'a wildlife allocation of moose from the total allowable harvest is:
a. 80% of the first 50 moose; plus
b. 32% of the next 50 moose; plus
c. 56% of all remaining moose, to a maximum of 170 moose.
Mountain Goats
3. The Nisg̱a'a wildlife allocation of mountain goats is 25% of the total allowable harvest.
Grizzly Bears
4. The Nisg̱a'a wildlife allocation of grizzly bears is:
a. if the total allowable harvest is six or fewer grizzly bears, 40% of the total allowable harvest;
b. if the total allowable harvest is seven or eight grizzly bears, 50% of the total allowable harvest;
c. if the total allowable harvest is nine or ten grizzly bears, 40% of the total allowable harvest; or
d. if the total allowable harvest is greater than 10 grizzly bears, 40% of the first 10 grizzly bears, plus 30% of the remainder of the total allowable harvest.
SCHEDULE B — UNREGISTERED TRAPLINES WHOLLY OR PARTIALLY ON NISG̱A'A LANDS ON THE EFFECTIVE DATE
Trapline Number
616 T 014
SCHEDULE C — TRAPLINES WHOLLY OUTSIDE NISG̱A'A LANDS HELD BY NISG̱A'A CITIZENS
614T 010 | 614T 079 | 614T 112 |
614T 016 | 614T 083 | 615T 018 |
614T 017 | 614T 084 | 615T 026 |
614T 018 | 614T 085 | 615T 030 |
614T 048 | 614T 086 | 616T 006 |
614T 078 | 614T 087 | 616T 007 |
614T 090 | 614T 093 | 614T 096 |
614T 092 | 614T 094 | 614T 097 |
614T 099 |
SCHEDULE D — STREAMS IN NISG̱A'A ANGLING GUIDE LICENCE
Nass River Watershed
Bell-Irving River
Bowser River
Burton Creek
Cranberry River
Kinskuch River
Kiteen River
Kwinageese River
Meziadin River
Nass River
Oweegee Lake
Welda Creek
Tchitin River
Portland Canal
Bear River
Observatory Inlet
Illiance River
Kitsault River
Contents | Sections 1-70 | Schedule - Table of Contents | Preamble | Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6 | Chapter 7 | Chapter 8 | Chapter 9 | Chapter 10 | Chapter 11 | Chapter 12 | Chapter 13 | Chapter 14 | Chapter 15 | Chapter 16 | Chapter 17 | Chapter 18 | Chapter 19 | Chapter 20 | Chapter 21 | Chapter 22 | Schedule - Map of Nisg̱a'a Lands | Appendix - Contents | Appendix - Introduction | Appendix A | Appendix B | Appendix C | Appendix D | Appendix E | Appendix F | Appendix G | Appendix H | Appendix I | Appendix J | Appendix K | Appendix L | Appendix M
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