CHAPTER 11 MIGRATORY BIRDS

11.1 GENERAL
11.2 YALE FIRST NATION LAWS
11.3 TRADE AND BARTER
11.4 SALE
11.5 TRANSPORTATION AND EXPORT
11.6 DOCUMENTATION
11.7 CONSERVATION MEASURES
11.8 MANAGEMENT
11.9 DESIGNATED MIGRATORY BIRD POPULATIONS
11.10 AGREEMENTS

11.1  GENERAL

11.1.1  Yale First Nation has the right to harvest Migratory Birds for Domestic Purposes in the Migratory Birds Harvest Area in accordance with this Agreement.

11.1.2  The Yale First Nation Right to Harvest Migratory Birds is limited by measures necessary for conservation, public health or public safety.

11.1.3  Yale First Nation may not dispose of the Yale First Nation Right to Harvest Migratory Birds.

11.1.4  All Yale First Nation Members may exercise the Yale First Nation Right to Harvest Migratory Birds, except as otherwise provided under Yale First Nation Law.

11.1.5  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 Migratory Birds 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 Migratory Birds under the Yale First Nation Right to Harvest Migratory Birds.

11.1.6  For the purposes of 11.1.5, 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 Migratory Birds.

11.1.7  Yale First Nation will exercise the Yale First Nation Right to Harvest Migratory Birds in a manner that does not interfere with authorized uses or dispositions of provincial Crown land existing on the Effective Date, or authorized in accordance with 11.1.5.

11.1.8  Yale First Nation may exercise the Yale First Nation Right to Harvest Migratory Birds on fee simple lands within the Migratory Birds 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.

11.1.9  Where lands owned by another First Nation under a treaty or land claims agreement fall within the Migratory Birds Harvest Area, Yale First Nation Members may exercise the Yale First Nation Right to Harvest Migratory Birds 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.

11.1.10  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.

11.1.11  Subject to 11.1.12, 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 Migratory Birds.

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

11.1.13  Nothing in this Agreement precludes Yale First Nation Members from harvesting Migratory Birds outside of the Migratory Birds 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.

11.1.14  The Minister retains the authority to manage and conserve Migratory Birds and Migratory Bird habitat and will exercise that authority in a manner that is consistent with this Agreement.

11.1.15  Nothing in this Agreement alters Federal or Provincial Law in respect of property in Migratory Birds.

11.1.16  In the Migratory Birds 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 Migratory Birds is subject to Federal and Provincial Law.

11.2  YALE FIRST NATION LAWS

11.2.1  Yale First Nation Government may make laws in respect of the Yale First Nation Right to Harvest Migratory Birds for:

a. the methods, timing, and location of the harvest of Migratory Birds by Yale First Nation Members;

b. the distribution of harvested Migratory Birds among Yale First Nation Members;

c. the designation of Yale First Nation Members to harvest Migratory Birds;

d. the Trade and Barter of Migratory Birds under 11.3; and

e. the sale of inedible byproducts, including down, of harvested Migratory Birds.

11.2.2  Yale First Nation Law under 11.2.1 prevails to the extent of a Conflict with Federal or Provincial Law.

11.2.3  Yale First Nation Government may make laws in respect of the Yale First Nation Right to Harvest Migratory Birds for:

a. the management of Migratory Birds and Migratory Bird habitat on Yale First Nation Land;

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

c. the establishment of documentation to identify Yale First Nation Members who harvest Migratory Birds.

11.2.4  Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 11.2.3.

11.3  TRADE AND BARTER

11.3.1  Yale First Nation has the right to Trade and Barter among themselves, or with other aboriginal people of Canada, any Migratory Birds harvested under the Yale First Nation Right to Harvest Migratory Birds.

11.3.2  All Yale First Nation Members may exercise the right to Trade and Barter Migratory Birds under 11.3.1, except as otherwise provided under Yale First Nation Law under 11.2.1d.

11.4  SALE

11.4.1  If Federal and Provincial Law permit the sale of Migratory Birds Yale First Nation and Yale First Nation Members may sell Migratory Birds harvested under the Yale First Nation Right to Harvest Migratory Birds in accordance with Federal Law, Provincial Law and any Yale First Nation Law under 11.2.3b.

11.4.2  Notwithstanding 11.4.1, Yale First Nation and Yale First Nation Members may sell inedible byproducts, including down, of Migratory Birds harvested under the Yale First Nation Right to Harvest Migratory Birds in accordance with any Yale First Nation Law under 11.2.1e.

11.5  TRANSPORTATION AND EXPORT

11.5.1  Any transport or export of Migratory Birds and their inedible byproducts, including down, harvested under the Yale First Nation Right to Harvest Migratory Birds will be in accordance with Federal and Provincial Law.

11.5.2  All individuals who transport Migratory Birds harvested under the Yale First Nation Right to Harvest Migratory Birds must have in their immediate possession a record of receipt of the Migratory Birds showing:

a. the date and place of receipt; and

b. the name and address of the Yale First Nation Member who harvested the Migratory Birds or from whom the Migratory Birds were acquired.

11.6  DOCUMENTATION

11.6.1  Yale First Nation will issue documentation to Yale First Nation Members who exercise the Yale First Nation Right to Harvest Migratory Birds.

11.6.2  All Yale First Nation Members who exercise the Yale First Nation Right to Harvest Migratory Birds are required to carry documentation issued by Yale First Nation under 11.6.1 and to produce that documentation on request by an authorized individual.

11.6.3  Documentation issued by Yale First Nation under 11.6.1 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 in a Yale First Nation Law under 11.2.3c.

11.7  CONSERVATION MEASURES

11.7.1  Yale First Nation and Canada or British Columbia, or the Parties, may enter into conservation agreements in relation to matters of common concern in respect of Migratory Birds, including:

a. information sharing;

b. actions to be taken by the Parties to jointly address conservation issues;

c. local management of Migratory Birds and their habitat;

d. population, harvest and habitat monitoring;

e. enforcement; and

f. licence or permit requirements.

11.7.2  If, in the opinion of the Minister, conservation measures are needed to protect a population of a species of Migratory Bird that is harvested under the Yale First Nation Right to Harvest Migratory Birds, the Minister will Consult with Yale First Nation in respect of:

a. the necessity of the conservation measures;

b. the nature of the conservation measures;

c. measures to minimize or mitigate restrictions or limitations on the Yale First Nation Right to Harvest Migratory Birds resulting from the proposed conservation measures; and

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

11.7.3  If Yale First Nation is of the opinion that conservation measures are needed in respect of a population of a species of Migratory Bird that is harvested by Yale First Nation under its Yale First Nation Right to Harvest Migratory Birds, Yale First Nation may present its views to the Minister in respect of the need for such conservation measures and its proposed role in the development and implementation of them, and the Minister will give full and fair consideration to Yale First Nation's proposal.

11.7.4  Where the Minister has authorized the implementation of conservation measures and the conservation measures will affect the Yale First Nation Right to Harvest Migratory Birds:

a. the Minister will use reasonable efforts to avoid, minimize, or mitigate restrictions or limitations on the Yale First Nation Right to Harvest Migratory Birds; and

b. the Minister, if requested, will provide written reasons to Yale First Nation for the conservation measures adopted.

11.7.5  If Canada believes on reasonable grounds that an emergency exists in respect of a population of a species of Migratory Bird, it may act without first Consulting Yale First Nation in accordance with 11.7.2, and, as soon as practicable thereafter, Canada will inform Yale First Nation of, and provide reasons for, its action.

11.8  MANAGEMENT

11.8.1  Yale First Nation will have the right to participate in any Migratory Bird advisory committee established by Canada or British Columbia, that addresses matters regarding Migratory Birds that occur in or impact the Migratory Bird Harvest Area.

11.9  DESIGNATED MIGRATORY BIRD POPULATIONS

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

11.9.2  If the Minister, after Consulting with Yale First Nation, determines that there is a conservation risk to a population of a species of Migratory Bird that requires the allocation of the harvest of that population amongst user groups, and that any other conservation measures that have been implemented have not been effective in reducing the conservation risk to that population, the Minister may designate that population as a Designated Migratory Bird Population.

11.9.3  The Minister will, after Consulting with Yale First Nation, determine the Total Allowable Migratory Bird Harvest of the Designated Migratory Bird Population and the allocation of that Total Allowable Migratory Bird Harvest among the user groups.

11.9.4  The Minister, in determining the Total Allowable Migratory Bird Harvest for the Designated Migratory Bird Population, will take into account all relevant factors, including:

a. the status of the Designated Migratory Bird Population;

b. continental and local conservation requirements; and

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

11.9.5  The Minister, in making a Yale First Nation Allocation of the Total Allowable Migratory Bird Harvest for the Designated Migratory Bird Population, will take into account, among other things, the following factors:

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

b. the current and past domestic needs and harvesting practices of Yale First Nation for the Designated Migratory Bird Population;

c. the extent and nature of the Yale First Nation Right to Harvest Migratory Birds; and

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

11.9.6  On the recommendation of a Party, the Minister may determine that there is no longer a conservation risk to a Designated Migratory Bird Population and remove the designation from that population.

11.10  AGREEMENTS

11.10.1  Yale First Nation and Canada or British Columbia, or the Parties, may enter into an agreement on the conservation or management of Migratory Birds, including a range of activities related to achieving Migratory Bird population and habitat conservation objectives, such as inventory, monitoring, assessment, research, harvest allocation, regulation, compliance and enforcement, creation and management of protected areas, stewardship, restoration, enhancement, outreach and education on best practices.

[ Previous | Next ]