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
8.1.1 Yale First Nation has the right to harvest Fish and Aquatic Plants for Domestic Purposes in the Domestic Fishing Area in accordance with this Agreement.
8.1.2 Yale First Nation may not dispose of the Yale First Nation Right to Harvest Fish.
8.1.3 The Yale First Nation Right to Harvest Fish is limited by measures necessary for conservation, public health or public safety.
8.1.4 The Yale First Nation Right to Harvest Fish will be exercised in respect of:
a. Salmon, within the Domestic Salmon Fishing Area; and
b. all species of Fish and Aquatic Plants other than Salmon, within the Domestic Fishing Area.
8.1.5 The harvest of Fish and Aquatic Plants under the Yale First Nation Right to Harvest Fish will be carried out in accordance with Yale First Nation Harvest Documents.
8.1.6 Canada will not charge any fee for a Yale First Nation Harvest Document or any management fee or landing fee in respect of fisheries authorized by a Yale First Nation Harvest document.
8.1.7 British Columbia will not charge any fee for a Yale First Nation Harvest Document.
8.1.8 Yale First Nation will provide, to the Minister, biological samples, catch data and other information related to Fish and Aquatic Plants harvested under the Yale First Nation Right to Harvest Fish as required by a Yale First Nation Harvest Document or Federal or Provincial Law.
8.1.9 The Parties will describe, in the Yale First Nation Fisheries Operational Guidelines, procedures with respect to the exchange of information related to biological samples, catch data and other information provided in accordance with 8.1.8.
8.1.10 The Parties will provide each other with:
a. such publicly available information with respect to fisheries that significantly affect harvesting under the Yale First Nation Right to Harvest Fish as may reasonably be relevant to the exercise of the Yale First Nation Right to Harvest Fish; and
b. such publicly available information as may reasonably be necessary to enable the Joint Fisheries Committee to carry out its functions.
8.1.11 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 Fish and Aquatic Plants 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 Fish and Aquatic Plants under the Yale First Nation Right to Harvest Fish.
8.1.12 For the purposes of 8.1.11, 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 Fish and Aquatic Plants.
8.1.13 Yale First Nation will exercise the Yale First Nation Right to Harvest Fish 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 8.1.11.
8.1.14 In the Domestic Fishing Area, the use of resources on provincial Crown land for purposes reasonably incidental to the exercise of the Yale First Nation Right to Harvest Fish is subject to Federal and Provincial Law.
8.1.15 Nothing in this Agreement precludes:
a. Yale First Nation Members from harvesting Fish and Aquatic Plants under a licence, permit, or other document issued under Federal or Provincial Law;
b. Yale First Nation from concluding agreements that are in accordance with Federal and Provincial Law with other aboriginal groups with respect to designations to harvest Fish and Aquatic Plants; and
c. Yale First Nation Members from being designated by another aboriginal group to harvest Fish and Aquatic Plants under federal or provincial arrangements with that aboriginal group.
8.1.16 The Minister retains authority for managing and conserving Fish, Aquatic Plants, and Fish habitat.
8.1.17 Fish and Aquatic Plants harvested under the Yale First Nation Right to Harvest Fish may not be sold.
8.1.18 Nothing in this Agreement alters Federal or Provincial Law in respect of property in Fish or Aquatic Plants.
8.2.1 On the Effective Date, the Parties will enter into a Harvest Agreement.
8.2.2 For greater certainty, as provided for in 2.16.1, the Harvest Agreement:
a. is not part of this Agreement; and
b. is not a treaty or land claims agreement, and does not create, recognize or affirm aboriginal or treaty rights, within the meaning of sections 25 and 35 of the Constitution Act, 1982.
8.2.3 A Party may terminate the Harvest Agreement as provided for by its terms.
8.3.1 Yale First Nation Government may make laws in respect of:
a. the distribution among Yale First Nation Members of Fish and Aquatic Plants harvested under the Yale First Nation Right to Harvest Fish; and
b. the designation of individuals and vessels who may harvest Fish and Aquatic Plants under the Yale First Nation Right to Harvest Fish.
8.3.2 Yale First Nation Law under 8.3.1 prevails to the extent of a Conflict with Federal or Provincial Law.
8.3.3 Yale First Nation Government may make laws in respect of:
a. the documentation of individuals and vessels who are designated to harvest Fish and Aquatic Plants under the Yale First Nation Right to Harvest Fish; and
b. the Trade and Barter of Fish and Aquatic Plants harvested by Yale First Nation Members under the Yale First Nation Right to Harvest Fish.
8.3.4 Federal or Provincial Law prevails to the extent of a Conflict with Yale First Nation Law under 8.3.3.
8.4.1 Yale First Nation has the right to Trade and Barter, among themselves or with other aboriginal people of Canada, any Fish or Aquatic Plants harvested under the Yale First Nation Right to Harvest Fish.
8.4.2 All Yale First Nation Members may exercise the right to Trade and Barter under 8.4.1, except as otherwise provided under Yale First Nation Law under 8.3.3b.
8.5.1 Before the Effective Date, the Parties will jointly develop guidelines called the Yale First Nation Fisheries Operational Guidelines, to assist the Parties in implementing the provisions of this Chapter. The Yale First Nation Fisheries Operational Guidelines may include operational principles and procedures.
8.5.2 The Parties will update and maintain the Yale First Nation Fisheries Operational Guidelines, as the Parties may agree.
8.5.3 The Yale First Nation Fisheries Operational Guidelines do not create legal obligations.
8.6.1 The Yale First Nation Right to Harvest Fish may be exercised by those individuals who are designated by Yale First Nation to harvest Fish and Aquatic Plants under the Yale First Nation Right to Harvest Fish.
8.6.2 Where a Yale First Nation Allocation for a species of Fish or Aquatic Plant has been established under this Agreement, Yale First Nation may designate Yale First Nation Members and other individuals and vessels to harvest that species under the Yale First Nation Right to Harvest Fish.
8.6.3 Where a Yale First Nation Allocation for a species of Fish or Aquatic Plant has not been established under this Agreement, Yale First Nation may designate Yale First Nation Members and vessels to harvest that species under the Yale First Nation Right to Harvest Fish.
8.6.4 Where a vessel is used to harvest Fish or Aquatic Plants under the Yale First Nation Right to Harvest Fish, it will be a vessel that has been designated by Yale First Nation. This provision does not alter the application of Federal or Provincial Law in respect of foreign fishing vessels in Canadian waters.
8.6.5 Where Yale First Nation designates an individual or a vessel, Yale First Nation will issue documentation to that individual or vessel to evidence the designation.
8.6.6 Where Yale First Nation issues documentation to an individual to evidence a designation, Yale First Nation may set out, in the documentation, methods, timing, and location of harvesting and individual allocations consistent with the applicable Yale First Nation Harvest Document.
8.6.7 Documentation issued by Yale First Nation under 8.6.5 will:
a. be in the English language, which version is the authoritative version, and, at the discretion of Yale First Nation, the Puchil dialect of the Nlaka'pamux (Thompson) language;
b. in the case of an individual, include the name and address of the individual;
c. in the case of a vessel, include the name and address of the operator; and
d. meet any other requirements set out in any applicable Yale First Nation Harvest Document and the Yale First Nation Fisheries Operational Guidelines.
8.6.8 Where an individual is designated by Yale First Nation to harvest Fish and Aquatic Plants under the Yale First Nation Right to Harvest Fish, Canada and British Columbia will not require that individual to have a federal or provincial fishing licence to harvest Fish or Aquatic Plants under the Yale First Nation Right to Harvest Fish.
8.7.1 The Yale First Nation Allocations for Fish and Aquatic Plants are described in Schedule 8-A.
8.7.2 In any year where the Minister determines that the quantity of a stock or species of Fish or Aquatic Plant that is available to harvest is not sufficient to meet all anticipated allocations from that stock or species to Yale First Nation and other aboriginal groups for Domestic Purposes, the Minister may reduce any one or more of those allocations for that year.
8.7.3 If, under 8.7.2, the Minister wishes to reduce a Yale First Nation Allocation, the Minister will inform the Joint Fisheries Committee of the proposed reduction and, if time permits, will take into account any written recommendations on the proposed reduction received from the Joint Fisheries Committee in a timely manner before implementing the reduction.
8.7.4 If, under 8.7.2, the Minister reduces a Yale First Nation Allocation, the Minister will give reasons in writing to Yale First Nation and the Joint Fisheries Committee for this reduction.
8.8.1 The Parties will describe, in the Yale First Nation Fisheries Operational Guidelines, the circumstances when and how adjustments will be made in respect of harvests of a species of Salmon that exceed or fail to meet the Yale First Nation Allocation for that species.
8.8.2 The Minister and Yale First Nation will endeavour to minimize any overages and underages for Yale First Nation Allocations for a species of Salmon in each year and to minimize the accumulation of overages and underages in successive years.
8.8.3 The Joint Fisheries Committee may discuss and make recommendations to the Minister and Yale First Nation regarding:
a. the reasons why, in a year, Yale First Nation did not harvest all of or harvested more than a Yale First Nation Allocation for a species of Salmon and what portion of any shortfall is attributable to each reason; and
b. whether there should be an adjustment for an underage or overage and, if so, what the size of that adjustment should be.
8.8.4 Each year, the Minister and Yale First Nation will adjust for overages and underages as described in the Yale First Nation Fisheries Operational Guidelines.
8.8.5 Where the Minister and Yale First Nation agree on whether there should be an adjustment for an underage or overage for a Yale First Nation Allocation for a year and, if so, what the size of that adjustment should be, the Minister and Yale First Nation will use that amount in the multi-year accounting process described in the Yale First Nation Fisheries Operational Guidelines for the Yale First Nation Allocation.
8.8.6 Where the Minister and Yale First Nation have not agreed on whether there should be an adjustment for an underage or overage for a Yale First Nation Allocation for a year or what the size of an adjustment should be by March 31 of the following year, or such other date as the Minister and Yale First Nation may agree, the Minister will determine whether there should be an adjustment for an underage or overage for the Yale First Nation Allocation for the year and, if so, what the size of that adjustment should be and the Minister and Yale First Nation will use that amount in the multi-year accounting process described in the Yale First Nation Fisheries Operational Guidelines for the Yale First Nation Allocation.
8.9.1 A species of Fish or Aquatic Plant for which there is no Yale First Nation Allocation established under this Agreement may be harvested for Domestic Purposes under the Yale First Nation Right to Harvest Fish in accordance with a Yale First Nation Harvest Document.
8.9.2 8.9.3 through 8.9.7 apply with respect to species of Fish and Aquatic Plants, other than Salmon.
8.9.3 The Minister or Yale First Nation may propose that a Yale First Nation Allocation be established for a species or stock of Fish or Aquatic Plant.
8.9.4 Where the Minister or Yale First Nation proposes the establishment of a Yale First Nation Allocation under 8.9.3, the Minister and Yale First Nation will negotiate and attempt to reach agreement on the Yale First Nation Allocation.
8.9.5 Where the Minister and Yale First Nation negotiate and attempt to reach agreement on a Yale First Nation Allocation under 8.9.4 the Minister and Yale First Nation will take into account:
a. measures necessary for conservation; and
b. other matters that the Minister and Yale First Nation agree are relevant.
8.9.6 Where the Minister and Yale First Nation are unable to reach agreement on a Yale First Nation Allocation, the matter will be finally determined by arbitration in accordance with Chapter 24 Dispute Resolution without having to proceed through Stages One and Two.
8.9.7 Where the Minister and Yale First Nation agree on a Yale First Nation Allocation under 8.9.4 or a Yale First Nation Allocation is established under 8.9.6, the Parties will amend this Agreement in accordance with 27.1.9 to document the Yale First Nation Allocation.
8.10.1 In any year, the Minister may determine whether there is a surplus of a species of Salmon that return to spawn in the Domestic Salmon Fishing Area, the size of the surplus and who may harvest that surplus.
8.10.2 The Joint Fisheries Committee may:
a. recommend to the Minister procedures for the identification of a surplus of Salmon and terms and conditions for the harvest of the surplus; and
b. provide recommendations to the Minister on the size and disposition of a surplus of Salmon.
8.10.3 The Minister may authorize Yale First Nation to harvest some or all of a surplus of Salmon that return to spawn in the Domestic Salmon Fishing Area on reaching agreement with Yale First Nation in respect of:
a. the terms and conditions of the harvest; and
b. whether all or part of the harvest will be included in the determination of underages.
8.11.1 On the Effective Date, the Parties will establish a Joint Fisheries Committee for the co-operative planning of:
a. the exercise of the Yale First Nation Right to Harvest Fish;
b. activities of the Yale First Nation related to fisheries monitoring and enforcement; and
c. other matters as agreed to by the Parties.
8.11.2 Each Party will appoint one representative to the Joint Fisheries Committee.
8.11.3 Canada may choose not to attend Joint Fisheries Committee meetings on fisheries matters managed by British Columbia.
8.11.4 British Columbia may choose not to attend Joint Fisheries Committee meetings on fisheries matters managed by Canada.
8.11.5 Each representative will be notified of and may participate in all meetings of the Joint Fisheries Committee.
8.11.6 The Joint Fisheries Committee will seek to operate on a consensus basis.
8.11.7 Where all the representatives on the Joint Fisheries Committee do not agree on a Joint Fisheries Committee recommendation contemplated in this Chapter, each Party may submit their own written recommendations to the Minister and, when doing so, will provide a copy of those recommendations to the other Parties. A reference in this Chapter to a Joint Fisheries Committee recommendation will be read as including a recommendation made under this paragraph.
8.11.8 Before and during the development of a Yale First Nation Fishing Plan, the Joint Fisheries Committee may discuss:
a. relevant fisheries-related data;
b. conservation, public health and public safety considerations that could affect harvesting under the Yale First Nation Right to Harvest Fish;
c. other fisheries that could significantly affect harvesting under the Yale First Nation Right to Harvest Fish;
d. how harvesting under the Yale First Nation Right to Harvest Fish will be coordinated with other fisheries;
e. measures for the monitoring and enforcement of Yale First Nation harvesting under the Yale First Nation Right to Harvest Fish;
f. how planning activities of the Joint Fisheries Committee will be coordinated with planning activities of other advisory processes; and
g. any other matters as agreed to by the Parties.
8.11.9 The Joint Fisheries Committee will conduct a post-season review of the harvesting under the Yale First Nation Right to Harvest Fish and other matters as agreed to by the Parties, and may make recommendations to the Parties.
8.11.10 The Joint Fisheries Committee will, as appropriate, discuss and make recommendations to the Parties concerning:
a. the management of fisheries in the Domestic Fishing Area;
b. management objectives and biological considerations for Fish and Aquatic Plant harvesting under the Yale First Nation Right to Harvest Fish;
c. the protection of Fish, Fish habitat and Aquatic Plants in the Domestic Fishing Area; and
d. other matters that could significantly affect harvesting under the Yale First Nation Right to Harvest Fish.
8.11.11 The Joint Fisheries Committee may recommend a Yale First Nation Allocation to the Minister for a species of Fish or Aquatic Plant for which a Yale First Nation Allocation has not yet been established.
8.11.12 To facilitate cooperative fisheries resource planning of Yale First Nation activities related to stock assessment, Enhancement Initiatives or Fish habitat, the Joint Fisheries Committee will:
a. discuss relevant information;
b. review Yale First Nation proposals for Yale First Nation activities related to stock assessment, Enhancement Initiatives or Fish habitat and may provide recommendations to Yale First Nation on the proposals; and
c. carry out such other functions as agreed to by the Parties.
8.12.1 Yale First Nation will participate in any regional management advisory process for aboriginal fisheries established by the Minister for the purpose of exchanging information between the Minister and aboriginal groups relevant to the management of Fish and Aquatic Plants within an area that includes all or part of the Domestic Fishing Area.
8.12.2 On the request of a Party, the Joint Fisheries Committee will discuss what functions of the Joint Fisheries Committee may be carried out at a regional management advisory process for aboriginal fisheries and the mechanisms for the participation of the Parties in that process.
8.12.3 Where a regional management advisory process for aboriginal fisheries has functions similar to those of the Joint Fisheries Committee, any Party may request that, for the efficient coordination of fisheries, a function of the Joint Fisheries Committee be carried out by that process.
8.12.4 No Party will unreasonably withhold consent to a request made under 8.12.3.
8.12.5 Where the Parties agree that a function of the Joint Fisheries Committee will be carried out by a regional management advisory process for aboriginal fisheries:
a. the Parties will update the Yale First Nation Fisheries Operational Guidelines to reflect the agreement; and
b. a reference in this Agreement to the Joint Fisheries Committee will be read as a reference to that process for that function.
8.12.6 Where a regional management advisory process for aboriginal fisheries carries out a function of the Joint Fisheries Committee and, in carrying out the function, makes a recommendation to the Minister, a Party may submit its own written recommendations to the Minister if it does not agree with the recommendation of the process and when doing so will provide a copy of those recommendations to the other Parties.
8.12.7 The Parties will, from time to time, discuss the effectiveness of the Joint Fisheries Committee and any regional management advisory process for aboriginal fisheries that carries out a function of the Joint Fisheries Committee.
8.12.8 Where a regional management advisory process for aboriginal fisheries carries out a function of the Joint Fisheries Committee, any Party may request that the function be carried out by the Joint Fisheries Committee.
8.12.9 No Party will unreasonably withhold consent to a request made under 8.12.8.
8.12.10 Where the Parties agree that a function carried out by a regional management advisory process for aboriginal fisheries will be carried out by the Joint Fisheries Committee:
a. the Parties will update the Yale First Nation Fisheries Operational Guidelines to reflect the agreement; and
b. a reference in this Agreement to the Joint Fisheries Committee will no longer be read as a reference to the process for that function.
8.12.11 For greater certainty, a regional management advisory process for aboriginal fisheries does not include an international advisory process.
8.13.1 Where Canada or British Columbia establishes a public fisheries advisory process that principally encompasses the Domestic Fishing Area, Canada or British Columbia will, if appropriate, make provisions for Yale First Nation participation in that process on the same basis as other First Nations.
8.13.2 Where a public fisheries advisory process exists, or may be established by Canada or British Columbia, that involves a geographic area in British Columbia including but significantly larger than the Domestic Fishing Area, Canada or British Columbia will provide for Yale First Nation representation in that process on the same basis as other First Nations.
8.13.3 A public fisheries advisory process referred to in 8.13.1 and 8.13.2 does not include international fisheries management advisory bodies.
8.13.4 The design, establishment or termination of public fisheries advisory processes will be at the discretion of the Minister.
8.14.1 With respect to fisheries managed from time to time by Canada, every year Yale First Nation will develop a Yale First Nation Fishing Plan for the harvest of allocated and unallocated species of Fish and Aquatic Plants under the Yale First Nation Right to Harvest Fish and will provide the Yale First Nation Fishing Plan to the Joint Fisheries Committee.
8.14.2 With respect to fisheries managed from time to time by British Columbia, unless otherwise agreed to by Yale First Nation and British Columbia, every year Yale First Nation will develop a Yale First Nation Fishing Plan for the harvest of allocated and unallocated species of Fish and Aquatic Plants under the Yale First Nation Right to Harvest Fish and will provide the Yale First Nation Fishing Plan to the Joint Fisheries Committee.
8.14.3 Yale First Nation Fishing Plans will set out the preferences of Yale First Nation with respect to:
a. the description of what species or stocks of Fish and Aquatic Plants that would be harvested and in what amounts;
b. the location and timing of the harvests, including any Yale First Nation preferences with respect to exclusivity;
c. the size, type, identification, marking and quantity of the fishing gear to be used, the manner in which the fishing gear will be used and other matters concerning the method of harvest;
d. the provision of catch data and other information related to Fish and Aquatic Plants harvested under the Yale First Nation Right to Harvest Fish;
e. notification, catch monitoring, identification, reporting and other aspects of monitoring of the harvest;
f. the transportation of Fish and Aquatic Plants harvested under the Yale First Nation Right to Harvest Fish;
g. Yale First Nation enforcement activities; and
h. other matters as may be required for a Yale First Nation Harvest Document.
8.14.4 On receipt of a Yale First Nation Fishing Plan, the Joint Fisheries Committee will:
a. review the Yale First Nation Fishing Plan and make recommendations to the Minister and Yale First Nation with respect to provisions that the Minister should put in a Yale First Nation Harvest Document; and
b. discuss how harvesting under the Yale First Nation Right to Harvest Fish will be coordinated with other fisheries.
8.14.5 The Joint Fisheries Committee may provide recommendations to the Parties regarding in-season amendments to a Yale First Nation Harvest Document.
8.15.1 The Minister will issue Yale First Nation Harvest Documents to Yale First Nation to provide for the Yale First Nation Right to Harvest Fish. The Yale First Nation Harvest Documents will be consistent with this Agreement.
8.15.2 Where the Minister is not satisfied that the information that the Minister has on the status of a Salmon stock in any part of the Domestic Salmon Fishing Area is sufficient to enable the Minister to determine whether harvesting on the stock should take place, the Minister is not obligated to consider the issuance of Yale First Nation Harvest Documents for the harvest of Salmon in that part of the Domestic Salmon Fishing Area.
8.15.3 Yale First Nation will inform those individuals who are designated by Yale First Nation to harvest Fish and Aquatic Plants of the provisions of the Yale First Nation Harvest Documents.
8.15.4 Where the Minister issues a Yale First Nation Harvest Document, the Minister will take into account:
a. conservation measures and the availability of fisheries resources;
b. the recommendations on the provisions of Yale First Nation Harvest documents that the Minister has received in a timely way from the Joint Fisheries Committee;
c. utilization of the fisheries resources for the benefit of all Canadians;
d. efficient and effective harvesting of fisheries resources;
e. requirements for integration and efficient management of all fisheries;
f. accepted scientific procedures for management of fisheries resources; and
g. any other matters that the Minister considers relevant.
8.15.5 The Minister will provide written reasons to Yale First Nation and the Joint Fisheries Committee if a Yale First Nation Harvest Document has significant differences from the provisions recommended by the Joint Fisheries Committee.
8.15.6 Where the Minister amends a Yale First Nation Harvest Document, the Minister will give notice and written reasons and, where practical, discuss the amendment with Yale First Nation and the Joint Fisheries Committee in advance.
8.15.7 Where special circumstances make it impractical to discuss an amendment with Yale First Nation and the Joint Fisheries Committee under 8.15.6, the Minister:
a. may amend the Yale First Nation Harvest Document; and
b. will notify Yale First Nation and the Joint Fisheries Committee as soon as practical of the amendment and the reasons for the amendment.
8.16.1 Yale First Nation may conduct, with the approval of the Minister, and in accordance with Federal and Provincial Law, Enhancement Initiatives and Stewardship Activities within the Domestic Fishing Area.
8.16.2 Canada and Yale First Nation may enter into agreements concerning Yale First Nation activities related to Enhancement Initiatives and Stewardship Activities.
SCHEDULE 8-A – YALE FIRST NATION ALLOCATIONS FOR FISH AND AQUATIC PLANTS
1. In this Schedule,
"Canadian Total Allowable Catch" means, in respect of a stock or species of Fish, the amount, determined by the Minister, of the stock or species that is available for harvest or is harvested, in Canadian waters in aboriginal, commercial and recreational fisheries.
"Fraser River Chinook Salmon" means chinook salmon whose natal waters converge with the Fraser River upstream of the bridge across the Fraser River at Agassiz.
"Fraser River Chum Salmon" means chum salmon whose natal waters are in the Fraser River watershed.
"Fraser River Coho Salmon" means coho salmon whose natal waters converge with the Fraser River upstream of the bridge across the Fraser River at Agassiz.
"Fraser River Pink Salmon" means pink salmon whose natal waters are in the Fraser River watershed.
"Fraser River Sockeye Salmon" means sockeye salmon whose natal waters converge with the Fraser River upstream of the bridge across the Fraser River at Agassiz.
"Pacific Management Area" means a management area as defined in the Pacific Fishery Management Area Regulations, 2007.
"Terminal Surplus", in respect of Fraser River Chum Salmon, means the amount, determined by the Minister, of Fraser River Chum Salmon that is available for harvest or is harvested in Pacific Management Area 29 and within the Fraser River by aboriginal, recreational and commercial fisheries.
2. In any year, the Yale First Nation Allocation for sockeye salmon is 0.9097 per cent of the Canadian Total Allowable Catch for Fraser River Sockeye Salmon for the year up to a maximum of 7,278 Fraser River Sockeye Salmon.
3. In any year, the Yale First Nation Allocation for pink salmon is 0.037 per cent of the Canadian Total Allowable Catch for Fraser River Pink Salmon for the year up to a maximum of 3,710 Fraser River Pink Salmon.
4. In any year, the Yale First Nation Allocation for chum salmon is 0.655 per cent of the Terminal Surplus of Fraser River Chum Salmon for the year up to a maximum of 327 Fraser River Chum Salmon.
5. In any year, the Yale First Nation Allocation for chinook salmon will be an amount of Fraser River Chinook Salmon determined by an abundance-based formula based on the Canadian Total Allowable Catch for Fraser River Chinook Salmon for the year. The formula will be a formula that:
a. provides for a maximum amount that the Yale First Nation Allocation for chinook salmon will not exceed; and
b. would have produced an average annual allocation of 1,500 Fraser River Chinook Salmon for the years 1992 to 2003 if it had been used for those years.
6. In any year, the Yale First Nation Allocation for coho salmon will be an amount of Fraser River Coho Salmon determined by an abundance-based formula based on the Canadian Total Allowable Catch for Fraser River Coho Salmon for those years. The formula will be a formula that:
a. provides for a maximum amount that the Yale First Nation Allocation for coho salmon will not exceed; and
b. would have produced an average annual allocation of 300 Fraser River Coho Salmon for the years 1992 to 2003 if it had been used for those years.
7. The abundance-based formulas referred to in 5 and 6 will be established in accordance with the process described in 10 to 16. Until the formulas are established, Yale First Nation may, as provided in 8.14.3, set out, in a Yale First Nation Fishing Plan for a year, its preferences with respect to what amount of Fraser River Chinook Salmon and Fraser River Coho Salmon would be harvested that year.
8. As provided in 8.11.7, Yale First Nation may submit its own written recommendations to the Minister where all the representatives on the Joint Fisheries Committee do not agree on a Joint Fisheries Committee recommendation with respect to the provisions in Yale harvest documents on chinook salmon or coho salmon harvesting.
9. As provided in 8.15.5, the Minister will provide written reasons to Yale First Nation if a Yale First Nation Harvest Document has significant differences from the provisions recommended by the Yale First Nation in accordance with 8.11.7.
10. Canada or Yale First Nation may propose the establishment of an abundance-based formula for the Yale First Nation Allocation for coho salmon or chinook salmon by providing a copy of the proposal, in writing, to the Parties.
11. Neither Canada nor Yale First Nation will propose a formula or maximum amount until Canada is satisfied that there is sufficient information to establish the abundance-based formula. Canada or Yale First Nation may ask the Joint Fisheries Committee to make recommendations with respect to whether there is sufficient information to establish an abundance-based formula. Where Canada does not follow a recommendation of the Joint Fisheries Committee with respect to whether there is sufficient information to establish an abundance-based formula, Canada will provide written reasons to Yale First Nation.
12. Where Canada or Yale First Nation proposes the establishment of an abundance-based formula, they will negotiate and attempt to reach agreement on the formula.
13. Canada and Yale First Nation may ask the Joint Fisheries Committee to make recommendations with respect to an abundance-based formula.
14. Where the representatives of Canada and Yale First Nation on the Joint Fisheries Committee agree on a Joint Fisheries Committee recommendation for a formula, the Joint Fisheries Committee will notify Canada and Yale of the recommendation.
15. Where Canada and Yale First Nation negotiate and attempt to reach agreement on a formula, Canada and Yale First Nation will provide each other with recommendations and other material that Canada or Yale First Nation considers relevant. Where Canada and Yale First Nation do not agree in writing to a formula for the Yale First Nation Allocation for coho salmon or for chinook salmon, within one year of a proposal, Canada will take into account the recommendations and other material that Canada and Yale First Nation provided each other and will determine the formula. Canada will provide written reasons to Yale First Nation if the formula has significant differences from the recommendations of Yale First Nation.
16. Where Canada and Yale First Nation agree in writing to a formula or a formula is determined under 15, this Schedule is deemed amended to incorporate the formula.