The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 2nd day of June, 2011
Ian D. Izard, Q.C., Law Clerk
10.1.1 Yale First Nation has the right to harvest Wildlife for Domestic Purposes in the Wildlife Harvest Area in accordance with this Agreement.
10.1.2 The Yale First Nation Right to Harvest Wildlife is limited by measures necessary for conservation, public health or public safety.
10.1.3 Yale First Nation may not dispose of the Yale First Nation Right to Harvest Wildlife.
10.1.4 All Yale First Nation Members may exercise the Yale First Nation Right to Harvest Wildlife, except as otherwise provided under Yale First Nation Law.
10.1.5 British Columbia may authorize uses of or dispose of provincial Crown land and any such authorized use or disposition may affect the methods, times and locations of harvesting Wildlife under this Agreement, provided that British Columbia ensures that those authorized uses or dispositions do not deny Yale First Nation the reasonable opportunity to harvest Wildlife under the Yale First Nation Right to Harvest Wildlife.
10.1.6 For the purposes of 10.1.5, British Columbia and Yale First Nation will enter into an agreement, that will come into effect on the Effective Date, on a process to evaluate the impact of authorized uses and dispositions of provincial Crown land on Yale First Nation's reasonable opportunity to harvest Wildlife.
10.1.7 Yale First Nation will exercise the Yale First Nation Right to Harvest Wildlife 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 10.1.5.
10.1.8 Yale First Nation may exercise the Yale First Nation Right to Harvest Wildlife on fee simple lands within the Wildlife Harvest Area, other than Yale First Nation Land, but that harvesting is subject to Federal and Provincial Law in respect of access to fee simple lands.
10.1.9 Where lands owned by another First Nation under a treaty or land claims agreement fall within the Wildlife Harvest Area, Yale First Nation Members may exercise the Yale First Nation Right to Harvest Wildlife on those lands, but that harvesting is subject to Federal and Provincial Law and the laws of the other First Nation in respect of access to those lands.
10.1.10 Nothing in this Agreement precludes Yale First Nation from entering into an agreement with a federal department or agency in respect of access and harvesting by Yale First Nation Members on land owned or in use by that department or agency in accordance with that agreement and Federal and Provincial Law.
10.1.11 Subject to 10.1.12, Yale First Nation Members 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 Yale First Nation Right to Harvest Wildlife.
10.1.12 Nothing in this Agreement affects the application of Federal or Provincial Law in respect of the possession, use and regulation of firearms.
10.1.13 Nothing in this Agreement precludes Yale First Nation Members from harvesting Wildlife outside of the Wildlife Harvest Area throughout Canada in accordance with:
a. Federal and Provincial Law;
b. any agreements, that are in accordance with Federal and Provincial Law, between Yale First Nation and another aboriginal group; or
c. an agreement between another aboriginal group and Canada or British Columbia.
10.1.14 The Minister retains authority for Wildlife, and their management, conservation and habitat.
10.1.15 Nothing in this Agreement alters Federal or Provincial Law in respect of property in Wildlife.
10.1.16 In the Wildlife Harvest Area, the use of resources on provincial Crown land for purposes reasonably incidental to the exercise of the Yale First Nation Right to Harvest Wildlife is subject to Federal and Provincial Law.
10.2.1 Yale First Nation Government may make laws in respect of the Yale First Nation Right to Harvest Wildlife in respect of:
a. the distribution of harvested Wildlife among Yale First Nation Members;
b. the designation of Yale First Nation Members to harvest Wildlife;
c. identification of Wildlife and Wildlife parts that may be transported by an undocumented Yale First Nation Member or by an aboriginal trading partner who is not a Yale First Nation Member; and
d. the Trade and Barter of Wildlife under 10.7.
10.2.2 Yale First Nation Law under 10.2.1 prevails to the extent of a Conflict with Federal or Provincial Law.
10.2.3 Yale First Nation Government will make laws in respect of the Yale First Nation Right to Harvest Wildlife to require:
a. Yale First Nation Members who harvest Wildlife under this Agreement:
i. to comply with any conservation measure established by the Minister;
ii. to carry documentation issued by Yale First Nation and to produce that documentation on request by an authorized individual; and
iii. to report to Yale First Nation the harvest of any Wildlife species that are subject to a conservation measure established by the Minister; and
b. all persons who transport Wildlife or Wildlife parts harvested under this Agreement to carry documentation issued by Yale First Nation and to produce that documentation on request by an authorized individual.
10.2.4 Yale First Nation Government may make laws in respect of the Yale First Nation Right to Harvest Wildlife for the methods, timing and location of harvesting, and individual allocation, of Wildlife.
10.2.5 Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 10.2.3 and 10.2.4.
10.3.1 Yale First Nation will issue documentation to Yale First Nation Members who exercise the Yale First Nation Right to Harvest Wildlife.
10.3.2 Documentation issued by Yale First Nation under 10.3.1 will:
a. be in the English language, which version is authoritative and, at the discretion of Yale First Nation, the Puchil dialect of the Nlaka'pamux (Thompson) language;
b. include the name and address of the individual; and
c. meet any other requirements as set out by the Yale First Nation Government.
10.4.1 The Minister may establish or vary conservation measures in respect of Wildlife species in the Wildlife Harvest Area.
10.4.2 If British Columbia or Yale First Nation proposes that a conservation measure be established or varied in respect of a Wildlife species in the Wildlife Harvest Area, the Minister will Consult with Yale First Nation regarding the conservation measure, including the role of Yale First Nation in the development and implementation of the conservation measure.
10.4.3 In establishing or varying a conservation measure under 10.4.1, the Minister will take into account all relevant information, including:
a. the conservation risk to the Wildlife species;
b. the population of the Wildlife species:
i. within the Wildlife Harvest Area; and
ii. within its normal range or area of movement outside the Wildlife Harvest Area; and
c. the necessity for and the nature of the proposed conservation measure.
10.4.4 If the Minister establishes or varies a conservation measure under 10.4.1:
a. the Minister will use reasonable efforts to minimize the impact of the conservation measure on the Yale First Nation Right to Harvest Wildlife;
b. the Minister will provide Yale First Nation with a copy of the conservation measure; and
c. upon the request of Yale First Nation, the Minister will provide Yale First Nation with written reasons for the adoption of the conservation measure.
10.4.5 Upon request by Yale First Nation, the Minister may approve a method of harvest that differs from those methods permitted under Federal or Provincial Law provided that the Minister is satisfied that the method is consistent with public safety.
10.5.1 If the Minister determines that it is necessary to establish a Yale First Nation Allocation as a conservation measure for a Wildlife species, British Columbia and Yale First Nation will negotiate and attempt to reach agreement on the Yale First Nation Allocation for that species.
10.5.2 If British Columbia and Yale First Nation fail to agree on the Yale First Nation Allocation under 10.5.1, the Yale First Nation Allocation will be finally determined by arbitration in accordance with Chapter 24 Dispute Resolution without having to proceed through Stages One and Two.
10.5.3 Yale First Nation and British Columbia in a negotiation of a Yale First Nation Allocation under 10.5.1, or an arbitrator in making a determination under 10.5.2, will take into account all relevant information presented by British Columbia and Yale First Nation and in particular information in respect of:
a. the Total Allowable Wildlife Harvest for the Wildlife species;
b. current and past harvest by Yale First Nation for Domestic Purposes;
c. any change in Yale First Nation harvesting effort; and
d. harvest by individuals other than Yale First Nation Members.
10.5.4 The harvest of a Wildlife species subject to a Total Allowable Wildlife Harvest by individuals who are not Yale First Nation Members may be authorized by British Columbia to occur at any time in a given year, including before or concurrent with the harvest by Yale First Nation Members of the Yale First Nation Allocation.
10.6.1 Yale First Nation will have the right to participate in any Wildlife advisory management processes established by British Columbia in respect of the Wildlife Harvest Area.
10.6.2 If a Wildlife advisory management process is established by British Columbia for an area that includes any portion of the Wildlife Harvest Area, the Minister may request recommendations from the Wildlife advisory management process before determining whether a Wildlife species will be or continue to be subject to a conservation measure.
10.7.1 Yale First Nation has the right to Trade and Barter among themselves, or with other aboriginal people of Canada, any Wildlife or Wildlife parts, including meat and furs, harvested under the Yale First Nation Right to Harvest Wildlife.
10.7.2 Yale First Nation Members may exercise the right to Trade and Barter Wildlife or Wildlife parts under 10.7.1, except as otherwise provided under Yale First Nation Law under 10.2.1d.
10.7.3 If Federal and Provincial Law permit the sale of Wildlife or Wildlife parts, including meat and furs, Yale First Nation may sell Wildlife or Wildlife parts, including meat and furs, harvested under the Yale First Nation Right to Harvest Wildlife in accordance with Federal and Provincial Law.
10.7.4 Any transport of Wildlife or Wildlife parts, including meat, harvested under the Yale First Nation Right to Harvest Wildlife will be in accordance with:
a. Federal and Provincial Law; and
b. Yale First Nation Law under 10.2.3b.
10.7.5 Any export of Wildlife or Wildlife parts, including meat or furs, harvested under the Yale First Nation Right to Harvest Wildlife will be in accordance with Federal and Provincial Law.
10.8.1 British Columbia will not register a new trapline on Yale First Nation Land without the consent of Yale First Nation.
10.9.1 Guide outfitter certificates set out in Appendix H-1, Part 4 are retained by the persons who hold those interests. The privileges conferred by those interests may be transferred or renewed in accordance with Provincial Law.
10.9.2 Yale First Nation will allow reasonable access on Yale First Nation Land for the purpose of carrying out guiding activities to any person who:
a. holds a guide outfitter certificate, set out in Appendix H-1, Part 4, or any renewal or replacement thereof by transfer;
b. holds a guide outfitter license or assistant guide license and is carrying out guiding activities in relation to a guide outfitter certificate area listed in Appendix H-1, Part 4, or any renewal or replacement thereof by transfer;
c. holds an angling guide licence or an assistant angling guide license; or
d. is an employee, agent and other representatives of any person described in 10.9.2a through c.
10.9.3 British Columbia will not grant the privilege of guiding for game on any portion of Yale First Nation Land not included in a guide outfitter certificate set out in Appendix H-1, Part 4 without the consent of Yale First Nation.
10.9.4 If the privilege for guiding for game exercisable in an area that is wholly or partially within Yale First Nation Land ceases by reason of non-renewal of the privilege or operation of law, including by exercise of administrative discretion, British Columbia will not grant a privilege of guiding for game on that portion of Yale First Nation Land without the consent of Yale First Nation.