Maa-nulth First Nations Final Agreement




CHAPTER 22 ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL PROTECTION

22.1.0 ENVIRONMENTAL ASSESSMENT

22.1.1 For greater certainty, Federal Law and Provincial Law in relation to Environmental Assessment apply on Maa-nulth First Nation Lands.

22.1.2 Notwithstanding any decision made by Canada or British Columbia in respect of a Federal Project or Provincial Project, no Federal Project or Provincial Project on the Maa-nulth First Nation Lands of a Maa-nulth First Nation will proceed without the consent of that Maa-nulth First Nation.

22.2.0 MAA-NULTH FIRST NATION PARTICIPATION IN FEDERAL ENVIRONMENTAL ASSESSMENTS

22.2.1 If a Federal Project is located within a Maa-nulth First Nation Area, and may reasonably be expected to adversely affect Maa-nulth First Nation Lands or Maa-nulth First Nation Section 35 Rights, Canada will ensure that the applicable Maa-nulth First Nation is provided with timely notice of the Environmental Assessment and information describing the Federal Project in sufficient detail to permit that Maa-nulth First Nation to determine if it is interested in participating in the Environmental Assessment.

22.2.2 If a Maa-nulth First Nation confirms that it is interested in participating in the Environmental Assessment of the Federal Project in accordance with 22.2.1:

a. Canada will provide that Maa-nulth First Nation with an opportunity to comment on the Environmental Assessment conducted under the Canadian Environmental Assessment Act, including:

i. the scope of the Federal Project;

ii. the environmental effects of the Federal Project;

iii. any mitigation measures to be implemented; and

iv. any follow-up programs to be implemented;

b. that Maa-nulth First Nation will have access to information in Canada's possession related to the Environmental Assessment of the Federal Project, in accordance with the public registry provisions in the Canadian Environmental Assessment Act; and

c. during the course of the Environmental Assessment conducted under the Canadian Environmental Assessment Act, Canada will give full and fair consideration to any comments made in accordance with 22.2.2a., and will respond to the comments, before making any decision to which those comments pertain.

22.2.3 If a Federal Project described in 22.2.1 is referred to a panel under the Canadian Environmental Assessment Act, the applicable Maa-nulth First Nation will have the opportunity to propose to the Minister a list of names that the Minister may consider for appointment to any panel unless:

a. the panel is a decision-making body, such as the National Energy Board; or

b. that Maa-nulth First Nation is a proponent of the Federal Project.

22.2.4 If a Federal Project described in 22.2.1 is referred to a panel under the Canadian Environmental Assessment Act, the applicable Maa-nulth First Nation will have formal standing before that panel.

22.3.0 MAA-NULTH FIRST NATION PARTICIPATION IN PROVINCIAL ENVIRONMENTAL ASSESSMENT PROCESSES

22.3.1 If a Provincial Project is located within a Maa-nulth First Nation Area and may reasonably be expected to adversely affect Maa-nulth First Nation Lands, the residents of such lands, or Maa-nulth First Nation Section 35 Rights under this Agreement, British Columbia will ensure that the applicable Maa-nulth First Nation:

a. is provided with timely notice of, and relevant available information on, the Provincial Project;

b. is Consulted regarding the environmental effects of the Provincial Project; and

c. receives an opportunity to participate in any Environmental Assessment of that Provincial Project.

22.3.2 British Columbia will respond to any views provided by the applicable Maa-nulth First Nation to British Columbia in accordance with 22.3.1 before making a decision that would have the effect of enabling the Provincial Project to be carried out in whole or in part.

22.4.0 LAW-MAKING

22.4.1 Each Maa-nulth First Nation Government may make laws applicable on the Maa-nulth First Nation Lands of the applicable Maa-nulth First Nation to protect, preserve and conserve the Environment including:

a. prevention, mitigation and remediation of pollution and degradation of the Environment;

b. waste management, including solid wastes and wastewater;

c. protection of local air quality; and

d. Environmental Emergency response.

22.4.2 Federal Law or Provincial Law prevails to the extent of a Conflict with Maa-nulth First Nation Law under 22.4.1.

22.5.0 ENVIRONMENTAL EMERGENCIES

22.5.1 Each Maa-nulth First Nation is responsible for the prevention of, preparedness for, timely response to and recovery from Environmental Emergencies that originate on its Maa-nulth First Nation Lands.

22.5.2 Any Party may respond to an Environmental Emergency on Crown land or Maa-nulth First Nation Lands or the bodies of water immediately adjacent to Maa-nulth First Nation Lands, if the Party with primary responsibility for responding has not responded or is unable to respond in a timely manner.

22.5.3 Any Party responding in accordance with 22.5.2 will notify the applicable Parties of such response.

22.6.0 MAA-NULTH FIRST NATION COMMUNITY WATERSHED LANDS

22.6.1 Huu-ay-aht First Nations, Toquaht Nation and Ucluelet First Nation each acknowledges that, on the Effective Date, its Maa-nulth First Nation Community Watershed Lands are located within an area designated under Provincial Law as a community watershed in order to protect water being diverted for human consumption through a licensed waterwork.

22.6.2 Huu-ay-aht First Nations, Toquaht Nation and Ucluelet First Nation will each manage, use and develop its Maa-nulth First Nation Community Watershed Lands in accordance with those standards and objectives established under Provincial Law for the purpose of protecting water being diverted for human consumption which applies to provincial Crown land adjacent to such lands.

22.6.3 British Columbia will Consult with the applicable Maa-nulth First Nation before discontinuing a community watershed designation which applies to the Maa-nulth First Nation Community Watershed Lands of that Maa-nulth First Nation.

22.6.4 If British Columbia determines that any Maa-nulth First Nation Community Watershed Lands are no longer required for the purpose of protecting water being diverted for human consumption, British Columbia will notify the applicable Maa-nulth First Nation and the obligation to manage, use and develop such lands in accordance with 22.6.2 will terminate.

22.6.5 For greater certainty, nothing in this Agreement limits the application of the Drinking Water Protection Act to Maa-nulth First Nation Community Watershed Lands.




CHAPTER 23 FEDERAL PARKS AND PROTECTED AREAS

23.1.0 GENERAL

23.1.1 The applicable Maa-nulth First Nation has a right to carry out Renewable Resource Harvesting Activities in the Renewable Resource Harvesting Area of that Maa-nulth First Nation.

23.1.2 Each Maa-nulth First Nation Renewable Resource Harvesting Right is limited by measures necessary for conservation, public health or public safety.

23.1.3 A Maa-nulth First Nation may not Dispose of its Maa-nulth First Nation Renewable Resource Harvesting Right.

23.1.4 A Maa-nulth First Nation Renewable Resource Harvesting Right may be exercised by every Maa-nulth-aht of that Maa-nulth First Nation except as otherwise provided under a Maa-nulth First Nation Law of the applicable Maa-nulth First Nation Government.

23.1.5 S ubject to 23.1.6, no Maa-nulth-aht is required to have any federal licence or pay any fee or royalty to Canada relating to the exercise of a Maa-nulth First Nation Renewable Resource Harvesting Right.

23.1.6 Nothing in this Agreement affects Canada's ability to require any Maa-nulth-aht to obtain licences or permits for the use and possession of firearms under Federal Law on the same basis as other aboriginal people of Canada.

23.1.7 This Agreement does not alter Federal Law or Provincial Law in respect of property in the renewable resources harvested under a Maa-nulth First Nation Renewable Resource Harvesting Right.

23.1.8 The Minister retains authority for the management, administration and control of National Parks and National Marine Conservation Areas, or any other protected areas that are owned by Canada and administered under the jurisdiction of the Parks Canada Agency.

23.2.0 TRADE AND BARTER AND SALE

23.2.1 Each Maa-nulth First Nation has the right to Trade and Barter among themselves, or with other aboriginal people of Canada resident in British Columbia any renewable resources harvested under a Maa-nulth First Nation Renewable Resource Harvesting Right.

23.2.2 A Maa-nulth First Nation right to Trade and Barter in accordance with 23.2.1 may be exercised by a Maa-nulth-aht of that Maa-nulth First Nation except as otherwise provided in a Maa-nulth First Nation Law of the applicable Maa-nulth First Nation Government made under 23.4.1d.

23.2.3 A Maa-nulth First Nation may not Dispose of its right to Trade and Barter described in 23.2.1.

23.2.4 Renewable resources harvested by a Maa-nulth First Nation or its Maa-nulth-aht under the Maa-nulth First Nation Renewable Resource Harvesting Right of that Maa-nulth First Nation may not be sold, except for:

a. fur-bearing land mammals, or

b. renewable resources that are used for the making of traditional crafts and artistic objects.

23.2.5 For greater certainty, the use, taking or cutting of selected Timber Resources from any National Park or National Marine Conservation Area is not permitted for sale or commercial use, or for use as construction material.

23.3.0 TRANSPORT AND EXPORT

23.3.1 Any transport or export of renewable resources harvested under a Maa-nulth First Nation Renewable Resource Harvesting Right will be in accordance with Federal Law or Provincial Law.

23.4.0 LAW-MAKING

23.4.1 Each Maa-nulth First Nation Government may make laws in respect of the applicable Maa-nulth First Nation Renewable Resource Harvesting Right for:

a. the distribution of harvested renewable resources among the Maa-nulth-aht of the applicable Maa-nulth First Nation;

b. designating the Maa-nulth-aht of that Maa-nulth First Nation who may carry out Renewable Resource Harvesting Activities ;

c. documenting the Maa-nulth-aht of that Maa-nulth First Nation who have been designated as harvesters; and

d. the Trade and Barter of renewable resources harvested by the Maa-nulth-aht of that Maa-nulth First Nation.

23.4.2 Maa-nulth First Nation Law under 23.4.1 prevails to the extent of a Conflict with Federal Law or Provincial Law.

23.5.0 DOCUMENTATION AND ENFORCEMENT

23.5.1 A Maa-nulth First Nation Government will issue documentation to the Maa-nulth-aht of the applicable Maa-nulth First Nation who harvest renewable resources under the Maa-nulth First Nation Renewable Resource Harvesting Right of that Maa-nulth First Nation.

23.5.2 A Maa-nulth-aht who harvests renewable resources under a Maa-nulth First Nation Renewable Resource Harvesting Right is required to carry documentation issued by the Maa-nulth First Nation Government of the applicable Maa-nulth First Nation and to produce that documentation on the request of an authorized individual.

23.5.3 Documentation issued by a Maa-nulth First Nation Government in accordance with 23.5.1 will:

a. be in the English language, which version is authoritative, and, at the discretion of the applicable Maa-nulth Government, in the Nuu-chah-nulth language;

b. include the name and address of the Maa-nulth-aht; and

c. meet any requirements described in a Maa-nulth Permit or Federal Law.

23.6.0 CO-OPERATION IN RENEWABLE RESOURCE HARVESTING

23.6.1 Each year or as otherwise agreed, Canada and each applicable Maa-nulth First Nation will meet to discuss and develop terms and conditions upon which the Maa-nulth First Nation Renewable Resource Harvesting Right of that Maa-nulth First Nation may be exercised and will make reasonable efforts to reach consensus on those terms and conditions.

23.6.2 In developing the terms and conditions referred to in  23.6.1 , Canada and that Maa-nulth First Nation will take into account:

a. the conservation and ecological integrity requirements and availability of the renewable resources to which the terms and conditions would relate;

b. the Maa-nulth First Nation's preferences, if any, in respect of methods, timing, frequency and locations for harvesting;

c. the use of that National Park or National Marine Conservation Area for the benefit and enjoyment of all Canadians;

d. any other authorized uses of that National Park or National Marine Conservation Area;

e. opportunities for similar harvesting activities outside that National Park or National Marine Conservation Area as otherwise provided in this Agreement;

f. use of the harvested renewable resources for making traditional handicrafts or artistic objects for sale;

g. requirements for management of that National Park or National Marine Conservation Area;

h. renewable resource harvesting activities, if any, by other aboriginal people; and

i. any other matters Canada and the Maa-nulth First Nation consider appropriate.

23.6.3 Before the development of the terms and conditions referred to in 23.6.1, each applicable Maa-nulth First Nation will Consult with overlapping First Nations who may carry out harvesting activities in the Renewable Resource Harvesting Area of that Maa-nulth First Nation. Recommendations developed as a result of such Consultation may be included in the terms and conditions developed in accordance with 23.6.1 and will be considered by the Minister in developing the terms and conditions, if any, set out in a Maa-nulth Permit for that Maa-nulth First Nation issued in accordance with 23.6.4 or 23.6.5.

23.6.4 Where Canada and the Maa - nulth First Nation agree on terms and conditions in accordance with  23.6.1 , the Minister will, upon receipt and consideration of those terms and conditions, issue a Maa-nulth Permit to that Maa-nulth First Nation setting out terms and conditions, if any, of the Renewable Resource Harvesting Activities within the applicable Renewable Resource Harvesting Area.

23.6.5 Where Canada and the Maa-nulth First Nation do not agree on terms and conditionsin accordance with 23.6.1, the Minister:

a. may make the decision or take the action, including issuing a Maa-nulth Permit, that the Minister considers necessary, and

b. will advise the Maa-nulth First Nation of the circumstances and the decision made or action taken.

23.6.6 Harvesting under a Maa-nulth First Nation Renewable Resource Harvesting Right will be in accordance with the applicable Maa-nulth Permit and the management plan for the applicable National Park or National Marine Conservation Area.

23.6.7 Each Maa-nulth First Nation will provide to the Minister, upon request, information concerning the activities of its Maa-nulth-aht related to the exercise of its Maa-nulth First Nation Renewable Resource Harvesting Right .

23.6.8 Canada will Consult with each applicable Maa-nulth First Nation concerning any proposed amendment to Federal Law that is reasonably expected to affect the Maa-nulth First Nation Renewable Resource Harvesting Right of that Maa-nulth First Nation.

23.6.9 The Minister may , after Consultation with each applicable Maa-nulth First Nation, close areas in any National Park or National Marine Conservation Area to any Renewable Resource Harvesting Activities for purposes of park or marine conservation area management.

23.7.0 CONSERVATION MEASURES

23.7.1 Where, in the opinion of Canada, conservation measures are needed within a Renewable Resource Harvesting Area, and those measures are likely to affect the Maa-nulth First Nation Renewable Resource Harvesting Right of a Maa-nulth First Nation, Canada will Consult with that Maa-nulth First Nation regarding such conservation measures.

23.7.2 After the Consultation contemplated by 23.7.1, the Minister may amend and re-issue a Maa-nulth Permit to the extent required to bring into effect the conservation measures.

23.8.0 PACIFIC RIM NATIONAL PARK

23.8.1 On or after the Effective Date, Canada may establish as part of Pacific Rim National Park those portions of Pacific Rim National Park Reserve lying within the Maa-nulth First Nation Areas, subject to resolution of any overlaps with other First Nations.

23.9.0 NATIONAL PARKS AND NATIONAL MARINE CONSERVATION AREAS

23.9.1 Canada will Consult with each Maa-nulth First Nation before the establishment of any new National Park or National Marine Conservation Area within its Maa-nulth First Nation Area.

23.9.2 Except for Pacific Rim National Park Reserve, no part of a National Park or National Marine Conservation Area that lies within a Maa-nulth First Nation Area will be removed from that National Park or National Marine Conservation Area without the consent of the applicable Maa-nulth First Nation.

23.9.3 If Canada conducts studies in relation to enlarging a National Park or National Marine Conservation Area within a Maa-nulth First Nation Area, the applicable Maa-nulth First Nation will be invited to participate in the design and conduct of the studies and will be provided with the results.

23.9.4 Where a National Park or National Marine Conservation Area is wholly or partially within the Maa-nulth First Nation Areas, every Maa-nulth-aht has access, without a fee being charged for entrance to and within that National Park or National Marine Conservation Area, but Canada may charge fees in relation to visitor facilities and services.

23.10.0 CO-OPERATION IN PLANNING AND MANAGEMENT

23.10.1 Where a National Park or National Marine Conservation Area is wholly or partially within a Maa-nulth First Nation Area, Canada will Consult with the applicable Maa-nulth First Nation regarding that Maa-nulth First Nation's:

a. role in the interim planning and management planning of that National Park or National Marine Conservation Area;

b. role in research, protection, identification, interpretation and presentation of any area in that National Park or National Marine Conservation Area which has heritage value to a Maa-nulth First Nation, other aboriginal people, or other Canadians and may include a traditional use site, archaeological site, burial site or sacred site that is of significance to that Maa-nulth First Nation;

c. role in the identification, protection, interpretation and presentation of Maa-nulth First Nation Artifacts within or related to that National Park or National Marine Conservation Area;

d. role in the interpretation and presentation of Maa-nulth First Nation heritage, where applicable, including Nuu-chah-nulth language use in signage and interpretation, within or related to that National Park or National Marine Conservation Area;

e. traditional ecological knowledge being considered in the natural history and management of that National Park or National Marine Conservation Area;

f. role in research, protection, use and management of special marine areas within that National Park or National Marine Conservation Area; and

g. interests in economic, employment and training opportunities in or associated with that National Park or National Marine Conservation Area.

23.10.2 At the request of the Maa-nulth First Nation consulted with in accordance with 23.10.1, Canada and that Maa-nulth First Nation will make reasonable efforts to enter into an agreement regarding arrangements for cooperation in the planning and management of the applicable National Park or National Marine Conservation Area in order to provide advice to the Minister regarding the matters identified in 23.10.1.

23.10.3 An agreement made in accordance with 23.10.2 will take the place of the Consultation contemplated by 23.10.1 for the term of the agreement.

23.10.4 An agreement made in accordance with 23.10.2 may provide for an advisory structure and include:

a. representation in the advisory structure;

b. procedures for the advisory structure, including a consensus seeking approach and a dispute resolution process;

c. procedures related to cooperation in renewable resource harvesting and cultural activities;

d. procedures for the advisory structure to interact with the Joint Fisheries Committee on matters, including recommendations to the Minister, relating to the harvest of Fish and Aquatic Plants in a National Park or National Marine Conservation Area that is wholly or partially within the Domestic Fishing Area; and

e. any other matters as agreed by Canada and the Maa-nulth First Nation.

23.10.5 Canada and the applicable Maa-nulth First Nations will enter into an agreement in respect of Pacific Rim National Park Reserve in accordance with 23.10.2, which will come into effect on the Effective Date.

23.10.6 Where any National Park or National Marine Conservation Area is wholly or partially within two or more Maa-nulth First Nation Areas, the applicable Maa-nulth First Nations will make reasonable efforts to jointly participate in the processes contemplated by 23.10.1 and 23.10.7.

23.10.7 Where any National Park or National Marine Conservation Area is wholly or partially within a Maa-nulth First Nation Area and that of any other aboriginal group who has expressed that it has a historical relationship to the region encompassing the National Park or National Marine Conservation Area, Canada and the applicable Maa-nulth First Nations agree to make reasonable efforts to cooperate with the other aboriginal group in the process of planning and management of any such National Park or National Marine Conservation Area.




CHAPTER 24 PROVINCIAL PROTECTED AREAS

24.1.0 GENERAL

24.1.1 Each Maa-nulth First Nation may make proposals to British Columbia from time to time to establish new Provincial Protected Areas within its Maa-nulth First Nation Area.

24.1.2 Subject to 24.2.1 and 24.3.1, nothing in this Agreement obligates British Columbia to establish a new Provincial Protected Area or maintain the designation of any Provincial Protected Areas.

24.1.3 British Columbia will Consult with a Maa-nulth First Nation regarding the creation of new Provincial Protected Areas in its Maa-nulth First Nation Area.

24.1.4 British Columbia and Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations will negotiate and attempt to reach agreement regarding arrangements for Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations' participation in the management planning of Artlish Caves Provincial Park, Big Bunsby Marine Provincial Park, Brooks Peninsula Provincial Park, Dixie Cove Marine Provincial Park, Rugged Point Marine Provincial Park, Tahsish-Kwois Provincial Park, Checleset Bay Ecological Reserve, Clanninick Creek Ecological Reserve, Solander Island Ecological Reserve, Tahsish River Ecological Reserve, and Power River Watershed Protected Area.

24.1.5 British Columbia and Uchucklesaht Tribe will negotiate and attempt to reach agreement regarding arrangements for Uchucklesaht Tribe's participation in the management planning of Thunderbird's Nest ( T'iitsk'in Paawats ) Protected Area.

24.1.6 If British Columbia creates a new Provincial Protected Area within a Maa-nulth First Nation Area, British Columbia and the applicable Maa-nulth First Nation will negotiate and attempt to reach agreement regarding arrangements for that Maa-nulth First Nation's participation in the management planning of that new Provincial Protected Area.

24.2.0 POWER RIVER WATERSHED PROTECTED AREA

24.2.1 On the Effective Date, British Columbia will establish the Power River Watershed Protected Area as a Provincial Protected Area.

24.2.2 Subject to 21.3.0, the Power River Watershed Protected Area is managed by British Columbia and, unless otherwise determined by British Columbia, has no road access.

24.2.3 For greater certainty, British Columbia's authority and responsibilities in respect of the Power River Watershed Protected Area will continue.

24.3.0 THUNDERBIRD'S NEST (T'IITSK'IN PAAWATS) PROTECTED AREA

24.3.1 On the Effective Date, British Columbia will establish Thunderbird's Nest ( T'iitsk'in Paawats ) Protected Area as a Provincial Protected Area.

24.3.2 Subject to 21.3.0, the Thunderbird's Nest ( T'iitsk'in Paawats ) Protected Area is managed by British Columbia as a Provincial Protected Area.

24.3.3 Unless Uchucklesaht Tribe and British Columbia otherwise agree, British Columbia will continue Thunderbird's Nest ( T'iitsk'in Paawats ) Protected Area as a Provincial Protected Area.

24.3.4 Notwithstanding 24.3.3, British Columbia may amend the boundaries of Thunderbird's Nest ( T'iitsk'in Paawats ) Protected Area from time to time provided the total area of Thunderbird's Nest ( T'iitsk'in Paawats ) Protected Area does not decrease by more than 100 hectares.

24.4.0 QUIN-E-EX LANDS

24.4.1 Immediately after the Quin-E-Ex Lands become Maa-nulth First Nation Lands of Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations, the estate in fee simple in the Quin-E-Ex Lands is transferred from Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations to British Columbia free and clear of all Interests, ownership of the estate in fee simple in the Quin-E-Ex Lands vests in British Columbia and the Quin-E-Ex Lands cease to be Maa-nulth First Nation Lands of Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations.

24.4.2 Upon the transfer of the Quin-E-Ex Lands to British Columbia in accordance with 24.4.1, Appendix B is deemed to be amended to reflect the removal of the Quin-E-Ex Lands from the Maa-nulth First Nation Lands of Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations.

24.4.3 British Columbia will amend the boundaries of Brooks Peninsula Provincial Park to add the Quin-E-Ex Lands to Brooks Peninsula Provincial Park.

24.5.0 PUBLIC PLANNING PROCESSES

24.5.1 A Maa-nulth First Nation may participate in any public management planning process established in respect of any Provincial Protected Area that is wholly or partially within its Maa-nulth First Nation Area, in accordance with procedures established by British Columbia for that public management planning processes.

24.5.2 British Columbia may proceed with any process contemplated by 24.5.1 even if the applicable Maa-nulth First Nation does not participate in that process.

24.5.3 Nothing in this Agreement obligates British Columbia to undertake a public management planning process with respect to any Provincial Protected Area.

24.5.4 British Columbia will provide to a Maa-nulth First Nation any draft public management plan that may be prepared for a Provincial Protected Area that is wholly or partially within its Maa-nulth First Nation Area.

24.5.5 A Maa-nulth First Nation receiving a draft public management plan in accordance with 24.5.4 may provide written recommendations to British Columbia in relation to such plan and any recommendations so received may be made public by British Columbia.

24.5.6 British Columbia will Consult with a Maa-nulth First Nation in the preparation or modification of any management plan for a Provincial Protected Area wholly or partially within the Maa-nulth First Nation Area of that Maa-nulth First Nation in relation to:

a. the depiction, if appropriate, of Nuu-chah-nulth culture or heritage in the Provincial Protected Area; and

b. the importance of Nuu-chah-nulth culture and heritage to the purpose of the Provincial Protected Area.

24.6.0 GATHERING

24.6.1 Each Maa-nulth First Nation has the right to gather Plants and the boughs, burls and roots of Timber for Domestic Purposes in Provincial Protected Areas wholly or partially within the Maa-nulth First Nation Area of that Maa-nulth First Nation.

24.6.2 Each Maa-nulth First Nation Right to Gather Plants is limited by measures necessary for conservation, public health or public safety.

24.6.3 A Maa-nulth First Nation may not Dispose of its Maa-nulth First Nation Right to Gather Plants.

24.6.4 A Maa-nulth First Nation Right to Gather Plants may be exercised by every Maa-nulth-aht of that Maa-nulth First Nation except as otherwise provided under a Maa-nulth First Nation Law of the applicable Maa-nulth First Nation Government.

24.6.5 British Columbia may authorize uses of, or Dispose of, Provincial Protected Areas and any authorized use or Disposition may affect the methods, times and locations of the gathering of Plants and the boughs, burls and roots of Timber under this Agreement, provided that British Columbia ensures that those authorized uses or Dispositions do not deny a Maa-nulth First Nation the reasonable opportunity to gather Plants and the boughs, burls and roots of Timber under its Maa-nulth First Nation Right to Gather Plants.

24.6.6 The Minister may, for conservation, public health or public safety reasons, require the applicable Maa-nulth First Nation to prepare a Gathering Plan.

24.6.7 If the Minister requires a Gathering Plan in accordance with 24.6.6, that Gathering Plan will include:

a. gathering locations;

b. times of gathering; and

c. the Plant species, boughs, burls or roots of Timber intended to be gathered.

24.6.8 A Gathering Plan prepared in accordance with 24.6.7 will be submitted by that Maa-nulth First Nation to the Minister for approval.

24.6.9 Each Maa-nulth First Nation will exercise its Maa-nulth First Nation Right to Gather Plants in accordance with an approved Gathering Plan or Provincial Protected Area management plan.

24.6.10 No Maa-nulth-aht is required to have any federal or provincial licence or pay any fee or royalty to Canada or British Columbia relating to the exercise of a Maa-nulth First Nation Right to Gather Plants.

Trade and Barter

24.6.11 Each Maa-nulth First Nation has the right to Trade and Barter Plants and the boughs, burls and roots of Timber gathered under its Maa-nulth First Nation Right to Gather Plants, among themselves or with other aboriginal people of Canada resident in British Columbia.

24.6.12 A Maa-nulth First Nation right to Trade and Barter described in 24.6.11 may be exercised by a Maa-nulth-aht of that Maa-nulth First Nation, except as otherwise provided in a Maa-nulth First Nation Law of the applicable Maa-nulth First Nation Government made under 24.6.14d.

24.6.13 A Maa-nulth First Nation may not Dispose of its right to Trade and Barter described in 24.6.11.

Law-making

24.6.14 Each Maa-nulth First Nation Government may make laws in respect of the applicable Maa-nulth First Nation Right to Gather Plants for:

a. the distribution of gathered Plants, boughs, burls or roots of Timber among the Maa-nulth-aht of the applicable Maa-nulth First Nation;

b. designating the Maa-nulth-aht of that Maa-nulth First Nation to gather Plants, boughs, burls or roots of Timber;

c. documenting the Maa-nulth-aht of that Maa-nulth First Nation who have been designated; and

d. Trade and Barter of the Plants, boughs, burls or roots of Timber gathered by the Maa-nulth-aht of that Maa-nulth First Nation.

24.6.15 Maa-nulth First Nation Law under 24.6.14a., 24.6.14b. or 24.6.14d. prevails to the extent of a Conflict with Federal Law or Provincial Law.

24.6.16 Federal Law or Provincial Law prevails to the extent of a Conflict with Maa-nulth First Nation Law made under 24.6.14c.

Documentation

24.6.17 Each Maa-nulth First Nation Government will issue documentation to the Maa-nulth-aht of that Maa-nulth First Nation who gather or attempt to gather Plants or the boughs, burls or roots of Timber under its Maa-nulth First Nation Right to Gather Plants.

24.6.18 A Maa-nulth-aht who gathers or attempts to gather Plants or the boughs, burls or roots of Timber under a Maa-nulth First Nation Right to Gather Plants is required to carry documentation issued by the Maa-nulth First Nation Government of the applicable Maa-nulth First Nation and to produce that documentation on request by an authorized individual.

24.6.19 Documentation issued by a Maa-nulth First Nation Government in accordance with 24.6.17 will:

a. be in the English language, which version is authoritative, and at the discretion of that Maa-nulth First Nation Government, in the Nuu-chah-nulth language;

b. include the name and address of the Maa-nulth-aht; and

c. meet any other requirements to which the Maa-nulth First Nation Government and British Columbia may agree.

24.7.0 EXPROPRIATION OF MAA-NULTH FIRST NATION LANDS FOR PROVINCIAL PROTECTED AREA PURPOSES

24.7.1 Notwithstanding 2.11.2, British Columbia will not acquire any Interest in Maa-nulth First Nation Lands by expropriation for the purpose of enlarging an existing Provincial Protected Area or establishing a new Provincial Protected Area.