Table of Contents

CHAPTER 10 — WILDLIFE

GENERAL

1.  Tsawwassen First Nation has the right to harvest Wildlife for Domestic Purposes in the Tsawwassen Wildlife Harvest Area in accordance with this Agreement.

2.  The Tsawwassen Right to Harvest Wildlife is limited by measures necessary for conservation, public health or public safety.

3.  The Tsawwassen Right to Harvest Wildlife is held by Tsawwassen First Nation and Tsawwassen First Nation may not Dispose of that right.

4.  Tsawwassen First Nation and Tsawwassen Members have the right to Trade and Barter Wildlife or Wildlife parts, including meat and furs, harvested under the Tsawwassen Right to Harvest Wildlife, among themselves or with other aboriginal people of Canada resident in British Columbia.

5.  Tsawwassen First Nation may sell Wildlife or Wildlife parts, including meat and furs, harvested under the Tsawwassen Right to Harvest Wildlife if the sale is permitted under Federal and Provincial Law, and any such sale will be in accordance with Federal and Provincial Law and any Tsawwassen Law made under subclause 22.b.

6.  British Columbia may authorize uses of or Dispose of provincial Crown land, including Provincial Parks and Protected Areas, and any authorized use or Disposition:

a. may affect the methods, times and locations of the harvest under the Tsawwassen Right to Harvest Wildlife; and

b. having regard to the location of the Tsawwassen Wildlife Harvest Area within and adjacent to a heavily urbanized area with limited Wildlife habitat, may result in Tsawwassen First Nation being without any meaningful opportunity to harvest under the Tsawwassen Right to Harvest Wildlife.

7.  The Tsawwassen Right to Harvest Wildlife will be exercised in a manner that does not interfere with authorized uses or Dispositions of provincial Crown land, including Provincial Parks and Protected Areas, existing on the Effective Date or authorized in accordance with clause 6.

8.  Tsawwassen First Nation and British Columbia may meet, at the request of either Party, to discuss the harvest of Wildlife, including harvest for Domestic Purposes, or the development of a Wildlife Harvest Plan.

9.  In compensation for the limited existing opportunity to harvest Wildlife and the likely future diminution or loss of any meaningful opportunity to harvest Wildlife in the Tsawwassen Wildlife Harvest Area, on the Effective Date, Canada will provide to Tsawwassen First Nation an amount, to be paid in accordance with clause 1 of the Capital Transfer and Negotiation Loan Repayment chapter, for the purpose of establishing a Wildlife Fund. The value in 2006 of that amount is approximately $50,000. No additional compensation will be payable by Canada or British Columbia at any time to Tsawwassen First Nation in respect of the limited opportunity or diminution or loss of any meaningful opportunity to harvest Wildlife in the Tsawwassen Wildlife Harvest Area.

10.  British Columbia has no obligation to Consult in respect of its authorized uses or Dispositions of Crown land made under clause 6, other than as set out in clauses 34 and 35 of the Provincial Parks and Gathering chapter.

11.  Tsawwassen First Nation may exercise the Tsawwassen Right to Harvest Wildlife on Private Lands, if the owner or occupant of that land agrees to provide access.

12.  Tsawwassen First Nation may exercise the Tsawwassen Right to Harvest Wildlife on a Reserve if the Indian Band for whom the Reserve is set aside agrees to provide access.

13.  This Agreement does not preclude Tsawwassen First Nation from entering into an agreement with a federal department or agency in respect of access and harvesting by Tsawwassen Members on land owned or in use by that department or agency in accordance with that agreement and Federal and Provincial Law.

14.  Tsawwassen First Nation may exercise the Tsawwassen Right to Harvest Wildlife within Burns Bog Ecological Conservancy Area if harvesting of Wildlife is permitted on the lands, and any such harvesting will be in accordance with Federal and Provincial Law, and Local Government bylaws.

15.  The Minister retains authority for managing and conserving Wildlife and Wildlife habitat and will exercise that authority in a manner that is consistent with this Agreement.

16.  Neither Canada nor British Columbia will require a Tsawwassen Member to have a licence or to pay a fee or royalty for harvesting Wildlife under the Tsawwassen Right to Harvest Wildlife.

17.  Nothing in this Agreement affects the application of Federal or Provincial Law in respect of the possession, use or regulation of firearms.

18.  This Agreement does not alter Federal or Provincial Law in respect of property in Wildlife.

19.  This Agreement does not preclude Tsawwassen Members from harvesting Wildlife in Canada under:

a. Federal or Provincial Law;

b. an agreement, that is in accordance with Federal and Provincial Law, between Tsawwassen First Nation and other aboriginal people; or

c. an arrangement between other aboriginal people and Canada or British Columbia.

POWER TO MAKE LAWS

20.  Tsawwassen Government may make laws in respect of:

a. the designation of Tsawwassen Members to harvest Wildlife under the Tsawwassen Right to Harvest Wildlife;

b. the distribution among Tsawwassen Members of Wildlife harvested under the Tsawwassen Right to Harvest Wildlife;

c. the Trade and Barter of Wildlife harvested by Tsawwassen Members under the Tsawwassen Right to Harvest Wildlife;

d. methods, timing, and location of the harvest of Wildlife by Tsawwassen Members under the Tsawwassen Right to Harvest Wildlife; and

e. the identification of which Wildlife and Wildlife parts, harvested under the Tsawwassen Right to Harvest Wildlife, may be transported by an undocumented First Nation citizen or by an aboriginal trading partner who is not a First Nation citizen.

21.  A Tsawwassen Law made under clause 20 prevails to the extent of a Conflict with a Federal or Provincial Law.

22.  Tsawwassen Government may make laws in respect of:

a. the management of Wildlife habitat on Tsawwassen Lands;

b. the sale of Wildlife and Wildlife parts, including meat and furs, harvested under the Tsawwassen Right to Harvest Wildlife; and

c. the documentation of Tsawwassen Members who have been designated.

23.  A Federal or Provincial Law prevails to the extent of a Conflict with a Tsawwassen Law made under clause 22.

DOCUMENTATION

24.  Tsawwassen First Nation will issue documentation to identify individuals who are authorized by Tsawwassen First Nation to harvest Wildlife under the Tsawwassen Right to Harvest Wildlife.

25.  When harvesting under the Tsawwassen Right to Harvest Wildlife an individual is required to produce, at the request of a person authorized to enforce Federal Law, Provincial Law or Tsawwassen Law in respect of Wildlife, the documentation referred to in clause 24.

26.  Documentation issued under clause 24 will:

a. be in the English language, which version is authoritative and, at the discretion of Tsawwassen First Nation, in the Hun'qum'i'num language; and

b. include the name and address of the individual.

DESIGNATED WILDLIFE SPECIES

27.  If the Minister determines that, in order to address a conservation risk to a Wildlife species within the Tsawwassen Wildlife Harvest Area, there should be a Total Allowable Wildlife Harvest established for that species, the Minister may designate that species as a Designated Wildlife Species.

28.  Tsawwassen First Nation or British Columbia may recommend to the Minister whether a Wildlife species should be, or continue to be, a Designated Wildlife Species.

29.  The Minister may determine that a Wildlife species is no longer a Designated Wildlife Species if the Minister determines that the conservation risk to that Wildlife species within the Tsawwassen Wildlife Harvest Area no longer exists.

TOTAL ALLOWABLE WILDLIFE HARVEST

30.  If the Minister establishes a Designated Wildlife Species, the Minister will determine the maximum number of the Designated Wildlife Species that may be harvested by all harvesters in the Tsawwassen Wildlife Harvest Area in each year as the Total Allowable Wildlife Harvest.

31.  The Minister will request and consider recommendations from Tsawwassen First Nation before determining the Total Allowable Wildlife Harvest for a Designated Wildlife Species.

32.  In determining the Total Allowable Wildlife Harvest for a Designated Wildlife Species, the Minister will take into account the population of the Designated Wildlife Species within, and outside, the Tsawwassen Wildlife Harvest Area.

ALLOCATION OF DESIGNATED WILDLIFE SPECIES

33.  If the Minister establishes a Designated Wildlife Species, British Columbia and Tsawwassen First Nation will negotiate and attempt to reach agreement on the Tsawwassen Allocation of that Designated Wildlife Species.

34.  In determining a Tsawwassen Allocation, the Minister will take into account the Tsawwassen Right to Harvest Wildlife, and all relevant information presented by British Columbia and Tsawwassen First Nation and, in particular, information in respect of:

a. the Total Allowable Wildlife Harvest for the Designated Wildlife Species;

b. current and past harvest by Tsawwassen Members for Domestic Purposes;

c. changes in Tsawwassen First Nation harvesting effort; and

d. harvest by individuals who are not Tsawwassen Members.

35.  British Columbia or Tsawwassen First Nation may, at any time, request a review to vary a Tsawwassen Allocation.

36.  The Party requesting a review of a Tsawwassen Allocation has the onus of establishing that the Tsawwassen Allocation should be varied.

37.  A negotiation to vary a Tsawwassen Allocation will take into account the Tsawwassen Right to Harvest Wildlife and all relevant information presented by British Columbia and Tsawwassen First Nation and, in particular, information in respect of:

a. the Total Allowable Wildlife Harvest for the Designated Wildlife Species;

b. current and past harvest by Tsawwassen Members for Domestic Purposes;

c. changes in Tsawwassen First Nation harvesting effort;

d. harvest by individuals who are not Tsawwassen Members;

e. changes in the status of the Designated Wildlife Species; and

f. changes in conservation requirements.

38.  If Tsawwassen First Nation and British Columbia fail to agree on a Tsawwassen Allocation under clause 33 or 37, the Tsawwassen Allocation or a variation to the Tsawwassen Allocation will be finally determined by arbitration under the Dispute Resolution chapter. In making a determination, the arbitrator will take into account the Tsawwassen Right to Harvest Wildlife and the information referred to in clause 34 or 37, as the case may be.

WILDLIFE HARVEST PLAN

39.  The Tsawwassen Right to Harvest Wildlife in respect of a Designated Wildlife Species will be exercised in accordance with an approved Wildlife Harvest Plan.

40.  Tsawwassen First Nation will develop a proposed Wildlife Harvest Plan for the harvest of:

a. a Designated Wildlife Species; and

b. a Wildlife species proposed by Tsawwassen First Nation or British Columbia for inclusion in a Wildlife Harvest Plan in order to adequately manage and conserve the resource.

41.  A proposed Wildlife Harvest Plan will include, as necessary, provisions in respect of:

a. documentation of harvesters authorized by Tsawwassen First Nation;

b. methods, timing and locations of harvesting by Tsawwassen First Nation;

c. the number, sex and age composition of the harvest of Designated Wildlife Species and other Wildlife Species;

d. method of identifying harvested Wildlife;

e. method of monitoring and reporting harvested Wildlife;

f. process for in-season adjustment and amendment to the Wildlife Harvest Plan;

g. the term of the Wildlife Harvest Plan;

h. management concerns identified by the Minister; and

i. other matters agreed to by British Columbia and Tsawwassen First Nation.

42.  Tsawwassen First Nation will submit the proposed Plan to the Minister for approval.

43.  In considering a proposed Wildlife Harvest Plan the Minister will take into account:

a. conservation requirements and availability of Wildlife resources including, as applicable, any Tsawwassen Allocation;

b. public health and public safety;

c. any Tsawwassen First Nation preferences set out in the proposed Wildlife Harvest Plan in respect of harvest locations, methods, or times;

d. requirements for the integration and efficient harvest of the overall Wildlife resources;

e. scientific and local information, and aboriginal traditional knowledge brought forward by Tsawwassen First Nation, with respect to Wildlife populations, numbers, health, distribution and methods for managing Wildlife;

f. harvesting by individuals who are not Tsawwassen Members; and

g. other relevant considerations.

44.  After reviewing the Wildlife Harvest Plan, the Minister may, in a timely way:

a. advise Tsawwassen First Nation of any questions regarding the Wildlife Harvest Plan;

b. give Tsawwassen First Nation an opportunity to respond to those questions;

c. consider the response of Tsawwassen First Nation; and

d. modify, adjust and make additions or deletions to the Wildlife Harvest Plan.

45.  The Minister may approve a method of harvesting that differs from those methods permitted under Federal or Provincial Law if the Minister is satisfied that the method is consistent with public safety.

46.  The Minister will, in a timely way, subject to the factors referred to in clause 43, approve, or vary and approve, the Wildlife Harvest Plan.

47.  A Wildlife Harvest Plan will come into effect when it is approved by the Minister.

48.  The Wildlife Harvest Plan will be reviewed at such times as proposed by either Tsawwassen First Nation or British Columbia.

49.  An approved Wildlife Harvest Plan prevails to the extent of a Conflict with a Provincial Law.

REGIONAL WILDLIFE PLANNING

50.  Tsawwassen First Nation will be invited to participate in any public regional wildlife advisory management process established by British Columbia for an area that includes any portion of the Tsawwassen Wildlife Harvest Area. The Minister may request recommendations resulting from the process before determining:

a. whether a Wildlife Species will be or continue to be a Designated Wildlife Species; and

b. the Total Allowable Wildlife Harvest for any Designated Wildlife Species.

51.  Tsawwassen First Nation will be invited to participate in any First Nation regional wildlife harvest advisory body established by British Columbia for an area that includes any part of Tsawwassen Territory in the Lower Mainland region.

ENFORCEMENT

52.  Tsawwassen First Nation and British Columbia may negotiate agreements in respect of the enforcement of Provincial Laws, or Tsawwassen Laws in respect of Wildlife.

53.  Tsawwassen Laws made under this chapter may be enforced by persons authorized to enforce Federal Law, Provincial Law, or Tsawwassen Law in respect of Wildlife.

54.  Tsawwassen Government will make laws to require:

a. Tsawwassen Members to comply with a Wildlife Harvest Plan; and

b. all individuals who harvest Wildlife or transport Wildlife or Wildlife parts under the Tsawwassen Right to Harvest Wildlife to carry documentation issued by Tsawwassen First Nation and to produce that documentation on request by an authorized person.

TRAINING

55.  Tsawwassen First Nation may establish programs, consistent with provincial programs, to require training for Tsawwassen Members who harvest under the Tsawwassen Right to Harvest Wildlife in respect of:

a. conservation and safety; and

b. methods of harvesting and handling Wildlife.

56.  In the absence of any program established by Tsawwassen First Nation under clause 55, the provincial training program will apply to Tsawwassen Members who harvest under the Tsawwassen Right to Harvest Wildlife.

57.  If a Tsawwassen Member required under Provincial Law to take training has taken that training under a program established by Tsawwassen First Nation under clause 55, the Tsawwassen Member will not be obliged to take that training under a provincial program.