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1998 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 22nd day of April, 1999

Ian D. Izard, Law Clerk

BILL 51: NIS G A'A FINAL AGREEMENT ACT –

SCHEDULE

CHAPTER 9 OF 22

CHAPTER 9

WILDLIFE AND MIGRATORY BIRDS

GENERAL

Nis g a'a Wildlife Entitlements

1. Nis g a'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 Nis g a'a harvest for domestic

purposes, and

ii. the traditional seasons of the Nis g a'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 Nis g a'a wildlife

entitlements, provided that the Crown ensures that those authorized uses or dispositions

do not:

a. deny Nis g a'a citizens the reasonable opportunity to harvest

wildlife under Nis g a'a wildlife entitlements; or

b. reduce Nis g a'a wildlife allocations.

4. Subject to paragraph 3, Nis g a'a citizens may harvest

wildlife under Nis g a'a wildlife entitlements on lands that are owned in fee simple

off of Nis g a'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, Nis g a'a

wildlife entitlements are for domestic purposes.

6. Notwithstanding that Nis g a'a wildlife entitlements

are treaty rights, a Nis g a'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. Nis g a'a wildlife entitlements are held by the Nis g a'a

Nation.

9. The Nis g a'a Nation may not dispose of Nis g a'a

wildlife entitlements.

Licences, Fees, Charges, and Royalties

10. Canada and British Columbia will not require Nis g a'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

Nis g a'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 Nis g a'a Nation and British

Columbia will negotiate and attempt to reach agreements concerning the Nis g a'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 Nis g a'a

Lisims Government.

Harvesting Under Other Laws and Agreements

12. This Agreement does not preclude Nis g a'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 Nis g a'a Nation, a Nis g a'a Village, a Nis g a'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.

NASS WILDLIFE AREA

13. British Columbia and the Nis g a'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 Nis g a'a Lands.

DESIGNATED SPECIES

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. Nis g a'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 Nis g a'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.

ENTITLEMENTS AND ALLOCATIONS

Nis g a'a Wildlife Entitlements

23. Before:

a. a wildlife species is designated in accordance with this

Agreement;

b. a Nis g a'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, Nis g a'a citizens have the right

to harvest that wildlife species for domestic purposes.

Nis g a'a Wildlife Allocations

24. If:

a. a wildlife species is designated in accordance with this

Agreement;

b. a Nis g a'a wildlife allocation of that wildlife species is

established; and

c. a total allowable harvest of that wildlife species is determined

Nis g a'a citizens have the right to harvest that

designated species, in accordance with that Nis g a'a wildlife allocation.

25. The Nis g a'a wildlife allocations of the initial

designated species are set out in

Schedule A.

26. A Nis g a'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 Nis g a'a Nation

otherwise agree, or it is otherwise determined by arbitration under paragraph 33, the Nis g a'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 Nis g a'a

Nation before the designation;

b. will provide for an increasing share of the total allowable

harvest by persons other than Nis g a'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 Nis g a'a harvest.

28. If the Minister designates a species after the effective

date, British Columbia and the Nis g a'a Nation will negotiate and attempt to reach

agreement on a Nis g a'a wildlife allocation of that designated species, and they may

also agree to provisions to review that Nis g a'a wildlife allocation.

29. Any determination or variation of a Nis g a'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 Nis g a'a

Nation and in particular information presented in respect of:

a. the status of the species;

b. conservation requirements;

c. current and past Nis g a'a harvest for domestic purposes;

d. change in Nis g a'a harvesting effort; and

e. the effect on the species of harvesting by others.

Review of Nis g a'a Wildlife Allocations of Initial

Designated Species

30. Within 15 years of the effective date, British Columbia and

the Nis g a'a Nation will review the Nis g a'a wildlife allocation of an initial

designated species:

a. once at the request of either British Columbia or the Nis g a'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 Nis g a'a Nation

at any time after five years from the date the review under

subparagraph (

a) was requested.

31. British Columbia and the Nis g a'a Nation may agree to

vary the Nis g a'a wildlife allocation of an initial designated species after any

review under paragraph 30.

32. Notwithstanding paragraphs 30 and 31, British Columbia and

the Nis g a'a Nation may agree to review and vary the Nis g a'a wildlife

allocation of an initial designated species at any time.

Arbitration

33. If British Columbia and the Nis g a'a Nation fail to

agree on:

a. the Nis g a'a wildlife allocation of an initial designated

species following a review under paragraph 30; or

b. the Nis g a'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 Nis g a'a

wildlife allocation of a designated species has the onus of establishing that the Nis g a'a

wildlife allocation should be varied.

WILDLIFE MANAGEMENT

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. Nis g a'a Lisims Government may make laws that are in

respect of the Nis g a'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 Nis g a'a citizens of Nis g a'a

wildlife entitlements;

b. the establishment and administration of licensing requirements for

the harvest of wildlife and migratory birds under the Nis g a'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 Nis g a'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 Nis g a'a wildlife entitlements;

f. the trade or barter of wildlife and migratory birds harvested by

Nis g a'a citizens under the Nis g a'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 Nis g a'a law will prevail to the extent of the inconsistency or

conflict.

39. Nis g a'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. Nis g a'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 Nis g a'a Lands for the purpose of

trade or barter be identified as wildlife for trade or barter; and

b. Nis g a'a citizens to comply with the annual management plan.

42. Nis g a'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. Nis g a'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 Nis g a'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 Nis g a'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 Nis g a'a Lisims Government

any conservation requirements it considers advisable for wildlife species within the Nass

Wildlife Area;

b. recommending to the Minister and Nis g a'a Lisims Government

whether any wildlife species should be, or continue to be, a designated species;

c. recommending to the Minister and Nis g a'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 Nis g a'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 Nis g a'a Lisims Government

annual management plans, that are consistent with this Agreement and proper wildlife

management, for the Nis g a'a harvest of designated species and any other wildlife

species for which the Minister and Nis g a'a Lisims Government have agreed that there

should be an annual management plan;

f. advising the Minister and Nis g a'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 Nis g a'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 Nis g a'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 Nis g a'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 Nis g a'a

Nation and British Columbia or Canada, as the case may be.

46. The Wildlife Committee has up to nine members. The Nis g a'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 Nis g a'a Nation,

Canada and British Columbia are responsible for functions in respect of wildlife fish. The

members of the Wildlife Committee representing the Nis g a'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 Nis g a'a Nation before enacting regulations or adopting policies

that will significantly affect wildlife management or harvesting within the Nass Wildlife

Area. Unless the Nis g a'a Nation and British Columbia or Canada, as the case may be,

otherwise agree, this consultation will take place through the Wildlife Committee.

51. Nis g a'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;

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 Nis g a'a Nation in developing that body.

54. The Nis g a'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 Nis g a'a harvest under this Agreement of designated

species and other species that the Nis g a'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 Nis g a'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 Nis g a'a Public Lands by persons other than Nis g a'a

citizens, in accordance with the Access Chapter;

g. angling guiding under paragraph 83; and

h. other matters in respect of wildlife that the Nis g a'a

Nation and British Columbia or Canada, as the case may be, agree to include in the annual

management plan.

56. Each year Nis g a'a Lisims Government will propose an

annual management plan, for designated species and any other species that the Nis g a'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 Nis g a'a wildlife entitlements to

wildlife;

b. set out any Nis g a'a preferences for methods, timing, and

locations of harvest; and

c. take into account any management concerns identified by the

Minister or Nis g a'a Lisims Government.

57. Nis g a'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 Nis g a'a annual management plans with other wildlife conservation and harvesting

plans, while giving effect to the Nis g a'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 Nis g a'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 Nis g a'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 Nis g a'a Lisims Government and the Wildlife

Committee as soon as practicable of that decision or action; and

c. will provide Nis g a'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 Nis g a'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. Nis g a'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 Nis g a'a law in respect of sale of wildlife.

TRAPPING

71. On the effective date, the traplines wholly or partially on

Nis g a'a Lands that are, on the effective date, not registered to any person, and

are listed in

Schedule B, are registered to the Nis g a'a Nation.

72. If the holder of a trapline within the Nass Wildlife Area

agrees to transfer the trapline to the Nis g a'a Nation, a Nis g a'a

Institution, or a Nis g a'a Corporation, British Columbia will consent to the

transfer.

73. If a trapline that is wholly or partially on Nis g a'a

Lands becomes vacant by reason of abandonment or by operation of law, British Columbia

will register the trapline to the Nis g a'a Nation, a Nis g a'a Institution, or

a Nis g a'a Corporation, as designated by Nis g a'a Lisims Government.

74. Nis g a'a citizens who hold traplines that are wholly

outside Nis g a'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

Nis g a'a Lands without the consent of the Nis g a'a Nation.

76. British Columbia will consult with the Nis g a'a

existing trapline that is wholly or partially within Nis g a'a Lands.

77. British Columbia and the Nis g a'a Nation will

negotiate and attempt to reach agreement in respect of Nis g a'a Lisims Government

authority for the management of some or all of traplines that are registered to the Nis g a'a

Nation, a Nis g a'a Village, a Nis g a'a Institution, a Nis g a'a

Corporation, or Nis g a'a citizens, in the Nass Wildlife Area.

78. Subject to paragraph 79, trapping on Nis g a'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 Nis g a'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 Nis g a'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.

GUIDING

81. If a guide outfitter's certificate registered to a person

other than the Nis g a'a Nation ceases to apply to an area wholly or partially on Nis g a'a

Lands by reason of abandonment or operation of law, British Columbia will issue to the Nis g a'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 Nis g a'a Lands without the

consent of the Nis g a'a Nation. British Columbia will consult with the Nis g a'a

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 Nis g a'a Nation, for the watercourses outside of Nis g a'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 Nis g a'a Lands; or

b. include any watercourses within Nis g a'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 Nis g a'a Nation.

85. British Columbia will consult with the Nis g a'a

existing angling guide licence that applies to watercourses within Nis g a'a Lands.

86. The annual management plan will include provisions in

respect of Nis g a'a guiding of anglers within Nis g a'a Lands that are

comparable to those provisions applicable outside of Nis g a'a Lands in respect of

matters such as training, insurance, and reporting.

MIGRATORY BIRDS

Nis g a'a Wildlife Entitlement

87. Nis g a'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 Nis g a'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 Nis g a'a

wildlife entitlements, provided that the Crown ensures that those authorized uses or

dispositions do not deny Nis g a'a citizens the reasonable opportunity to harvest

migratory birds under Nis g a'a wildlife entitlements.

Trade, Barter, and Sale

90. Nis g a'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

Nis g a'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 Nis g a'a law in

respect of sale of migratory birds harvested under this Agreement.

93. Nis g a'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 Nis g a'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 Nis g a'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.

OTHER

97. The Parties may negotiate agreements for purposes of

managing habitat critical for conservation of migratory birds or endangered species.

98. The Nis g a'a Nation may negotiate agreements with

Canada or British Columbia concerning enforcement of federal, provincial, or Nis g a'a

laws in respect of wildlife and migratory birds.

99. Nis g a'a laws enacted in accordance with this

Chapter

may be enforced by persons authorized to enforce federal, provincial, or Nis g a'a

laws in respect of wildlife or migratory birds in British Columbia.

SCHEDULE A – NIS G A'A WILDLIFE

ALLOCATIONS

OF DESIGNATED SPECIES

General

1. If the calculation of a Nis g a'a wildlife allocation

results in a fractional number, the Nis g a'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 Nis g a'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 Nis g a'a wildlife allocation of mountain goats is

25% of the total allowable harvest.

Grizzly Bears

4. The Nis g a'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 NIS G A'A LANDS ON THE EFFECTIVE DATE

Trapline Number

616 T 014

SCHEDULE C – TRAPLINES WHOLLY OUTSIDE NIS G A'A

LANDS

HELD BY NIS G A'A CITIZENS

614T 010

614T 016

614T 017

614T 018

614T 048

614T 078

614T 090

614T 092

614T 079

614T 083

614T 084

614T 085

614T 086

614T 087

614T 093

614T 094

614T 099

614T 112

615T 018

615T 026

615T 030

616T 006

616T 007

614T 096

614T 097

SCHEDULE D – STREAMS IN NIS G A'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

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