Tsawwassen First Nation Final Agreement





CHAPTER 9 - FISHERIES

GENERAL

1. Tsawwassen First Nation has the right to harvest for Domestic Purposes:

a. Fish and Aquatic Plants in the Tsawwassen Fishing Area; and

b. Intertidal Bivalves in the Tsawwassen Intertidal Bivalve Fishing Area,

in accordance with this Agreement.

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

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

4. Tsawwassen First Nation and Tsawwassen Members have the right to Trade and Barter Fish and Aquatic Plants harvested under the Tsawwassen Fishing Right, among themselves or with other aboriginal people of Canada.

5. Harvesting of Fish and Aquatic Plants under the Tsawwassen Fishing Right will be conducted in accordance with the provisions of Tsawwassen Harvest Documents.

6. Unless otherwise provided for in a Tsawwassen Harvest Document, the Tsawwassen Fishing Right will be exercised within:

a. the Tsawwassen Fishing Area, in respect of all species of Fish and Aquatic Plants; and

b. the Tsawwassen Intertidal Bivalve Fishing Area, in respect of Intertidal Bivalves.

7. Harvesting of Intertidal Bivalves under the Tsawwassen Fishing Right in areas where the Tsawwassen Intertidal Bivalve Fishing Area overlaps with a National Park or National Marine Conservation Area will be conducted in accordance with the terms and conditions for harvesting in National Parks and National Marine Conservation Areas.

8. The Tsawwassen Fishing Right will be exercised 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 clause 9.

9. British Columbia may authorize uses of or Dispose of provincial Crown land and any authorized use or Disposition may affect the methods, times and locations of the harvest of Fish and Aquatic Plants under the Tsawwassen Fishing Right, provided that British Columbia ensures that those authorized uses or Dispositions do not deny Tsawwassen First Nation the reasonable opportunity to harvest Fish and Aquatic Plants in the Tsawwassen Fishing Area.

10. Upon six months notice by either Party, Tsawwassen First Nation and British Columbia will negotiate and attempt to reach agreement on a process to evaluate uses and Dispositions of provincial Crown land that have the potential to deny Tsawwassen First Nation the reasonable opportunity to harvest under the Tsawwassen Fishing Right in the Tsawwassen Fishing Area.

11. British Columbia may authorize uses of or Dispose of provincial Crown land and any authorized use or Disposition:

a. may affect the methods, times and locations of the harvest of Intertidal Bivalves under the Tsawwassen Fishing Right in the Tsawwassen Intertidal Bivalve Fishing Area; and

b. may, because of the location of the Tsawwassen Intertidal Bivalve Fishing Area, result in Tsawwassen First Nation having no meaningful opportunity to harvest Intertidal Bivalves in the Tsawwassen Intertidal Bivalve Fishing Area.

12. The harvest of Intertidal Bivalves under the Tsawwassen Fishing Right in the Tsawwassen Intertidal Bivalve Fishing Area will be exercised 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 clause 11.

13. British Columbia has no obligation to Consult in respect of authorized uses or Dispositions of provincial Crown land made under clause 11.

14. The Minister retains authority for managing and conserving Fish, Aquatic Plants, and Fish habitat and will exercise that authority in a manner that is consistent with this Agreement.

15. The Tsawwassen Fishing Right may be exercised by those individuals who are designated by Tsawwassen First Nation to harvest Fish and Aquatic Plants.

16. Any vessel used to harvest Fish and Aquatic Plants under the Tsawwassen Fishing Right will be a vessel that has been designated by Tsawwassen First Nation. For greater certainty, this Agreement does not alter the application of Federal or Provincial Law in respect of foreign fishing vessels in Canadian waters.

17. Neither Canada nor British Columbia will require an individual, designated by Tsawwassen First Nation, to have a licence for the harvesting of Fish and Aquatic Plants under the Tsawwassen Fishing Right.

18. Neither Canada nor British Columbia will charge a fee for a Tsawwassen Harvest Document, or any management fee or landing fee in respect of fisheries authorized by a Tsawwassen Harvest Document.

19. Fish and Aquatic Plants harvested under the Tsawwassen Fishing Right may not be sold.

20. This Agreement does not alter Federal or Provincial Law in respect of property in Fish or Aquatic Plants.

21. Nothing in this Agreement precludes:

a. Tsawwassen Members from harvesting Fish and Aquatic Plants under a licence, permit or other document issued under Federal or Provincial Law, or as otherwise authorized under Federal or Provincial Law;

b. Tsawwassen 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;

c. Tsawwassen Members from being designated by another aboriginal group to harvest Fish and Aquatic Plants under federal or provincial arrangements with that aboriginal group.

22. Tsawwassen First Nation will provide catch data and other information related to Fish and Aquatic Plants harvested under the Tsawwassen Fishing Right as required by Tsawwassen Harvest Documents or Federal or Provincial Law.

TSAWWASSEN ALLOCATIONS

23. The Tsawwassen Allocations for Fish and Aquatic Plants are set out in Appendix J – 2.

24. In any year in which the Minister determines, in respect of a stock or species of Fish or Aquatic Plants for which there is a Tsawwassen Allocation expressed as a fixed number, that the quantity of that stock or species that is available for harvest is not sufficient to meet all anticipated allocations from that stock or species for food, social or ceremonial purposes, the Minister may reduce any one or more of the allocations for that year.

25. Where, under clause 24, the Minister wishes to reduce a Tsawwassen 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 before implementing the reduction.

26. Where under clause 24, the Minister reduces a Tsawwassen Allocation, the Minister will give reasons in writing for the reduction to Tsawwassen First Nation and the Joint Fisheries Committee.

OVERAGES AND UNDERAGES

27. The Minister and Tsawwassen First Nation will endeavour to minimize any overages or underages for Tsawwassen Allocations in each year and to minimize the accumulation of overages and underages through adjustments to the Tsawwassen First Nation annual harvest in successive years.

28. The Tsawwassen Fisheries Operational Guidelines describe the process, timing and data sources for calculating overages and underages.

29. Unless Canada and Tsawwassen First Nation agree otherwise, the determination of overages and underages described in the Tsawwassen Fisheries Operational Guidelines will be consistent with the principles described in Appendix J – 3.

30. Overages and underages will not be applied to non-salmon Fish species harvested under the Tsawwassen Fishing Right and managed by British Columbia as of the Effective Date.

NON-ALLOCATED SPECIES – CRAB

31. Any Tsawwassen Harvest Document for Tsawwassen First Nation to harvest crab under the Tsawwassen Fishing Right will authorize the harvest to be carried out using the number of traps proposed by Tsawwassen First Nation in the Tsawwassen Annual Fishing Plan for the harvest if:

a. the number of traps does not exceed 50 traps per vessel;

b. the traps meet the requirements for traps for harvesting crab as set out in the Tsawwassen Fisheries Operational Guidelines; and

c. a Tsawwassen Allocation for crab has not been established under this Agreement.

PROCESS FOR NON-ALLOCATED SPECIES

32. For the purposes of this chapter,

a. "Non-Allocated Species" means a species of Fish or Aquatic Plant for which a Tsawwassen Allocation has not been established under this Agreement;

b. "Basic Harvest Entitlement" for a Non-Allocated Species means Tsawwassen First Nation average annual harvest, expressed as:

i. a defined harvest quantity or quota;

ii. a harvest quantity or quota determined by the use of a formula; or

iii. a harvest quantity or quota determined by the use of a formula with respect to a defined harvest area within the Tsawwassen Fishing Area or the Tsawwassen Intertidal Bivalve Fishing Area,

for that species for Domestic Purposes, over the Base Period for that Non-Allocated Species, as may be determined by arbitration under clauses 40 through 49;

c. "Base Period" for a Non-Allocated Species means a period of 10 calendar years immediately preceding the date of a proposal made under clause 34 for the establishment of a Tsawwassen Allocation for the Non-Allocated Species, or such other period as the Minister and Tsawwassen First Nation may agree.

33. Non-Allocated Species may be harvested for Domestic Purposes under the Tsawwassen Fishing Right in accordance with Tsawwassen Harvest Documents.

34. Subject to clause 35, the Minister or Tsawwassen First Nation may propose the establishment of a Tsawwassen Allocation for a Non-Allocated Species by providing the other Parties with a written proposal and providing a copy of the proposal to the Joint Fisheries Committee.

35. The Minister and Tsawwassen First Nation will propose the establishment of a Tsawwassen Allocation for crab under clause 34 in the twelfth year after the Effective Date or such other date as the Minister and Tsawwassen First Nation may agree.

36. Where, under clause 34, the Minister or Tsawwassen First Nation proposes the establishment of a Tsawwassen Allocation for a Non-Allocated Species under the Tsawwassen Fishing Right, the Joint Fisheries Committee will consider the proposal, taking into account:

a. Base Period information on the harvests by Tsawwassen First Nation of that Non-Allocated Species for Domestic Purposes;

b. measures necessary for conservation, including the impact of those measures on the harvests by Tsawwassen First Nation of that Non-Allocated Species for Domestic Purposes;

c. harvests for management of that Non-Allocated Species;

d. other harvests of that Non-Allocated Species for food, social or ceremonial purposes;

e. the impact of commercial and recreational fisheries on harvests by Tsawwassen First Nation of that Non-Allocated Species for Domestic Purposes; and

f. other relevant information.

37. Where all representatives of the Joint Fisheries Committee agree, the Joint Fisheries Committee may recommend to the Parties that studies, in respect of the information referred to in clause 36, be conducted to assist the representatives in reaching agreement on a recommendation.

38. Where all representatives of the Joint Fisheries Committee agree on a recommendation for a Tsawwassen Allocation for a Non-Allocated Species, the Joint Fisheries Committee will notify the Parties of that recommendation.

39. Where, six months after receipt of a proposal under clause 34, the Joint Fisheries Committee has not agreed on recommendations for a Tsawwassen Allocation, the Joint Fisheries Committee will notify the Parties that they are unable to agree on a recommendation.

ARBITRATED TSAWWASSEN ALLOCATION

40. Where a proposal is made under clause 34 to establish a Tsawwassen Allocation for a Non-Allocated Species and the Minister and Tsawwassen First Nation have not agreed to a Tsawwassen Allocation for that Non-Allocated Species within one year after the proposal, the Basic Harvest Entitlement for that Non-Allocated Species will be finally determined by arbitration, under the Dispute Resolution chapter, without proceeding through Stages One and Two.

41. Where the Minister and Tsawwassen First Nation agree with the recommendation of the Joint Fisheries Committee for studies, the Parties may agree to extend the time period referred to in clause 39 or 40 to allow for the completion of the studies referred to in clause 37.

42. The Minister or Tsawwassen First Nation may request that an arbitrator describe a Basic Harvest Entitlement for a Non-Allocated Species under the Tsawwassen Fishing Right as a defined harvest quantity or quota, or a harvest quantity or quota determined by the use of a formula, or a harvest quantity or quota determined by the use of a formula in respect of a defined harvest area within the Tsawwassen Fishing Area or Tsawwassen Intertidal Bivalve Fishing Area.

43. In an arbitration referred to in clause 40, the arbitrator will take into account the factors set out in clause 36.

44. In an arbitration referred to in clause 40, the arbitrator will determine the Basic Harvest Entitlement within a period of not more than one year.

45. An arbitrator may extend the time period referred to in clause 44 to allow for the completion of studies referred to in clause 37.

46. Where an arbitrator determines the Basic Harvest Entitlement for a species, the Minister and Tsawwassen First Nation will, as soon as practicable, negotiate and attempt to reach agreement on the Tsawwassen Allocation for that species.

47. If, six months after an arbitrator provides a decision to the Parties under clause 40, the Parties have not agreed on the Tsawwassen Allocation for that Non-Allocated Species, the Tsawwassen Allocation for that Non-Allocated Species is the Basic Harvest Entitlement times 1.25.

48. In the case of crab, where an arbitrator determines the Basic Harvest Entitlement for crab under clause 40, the Parties will use that Basic Harvest Entitlement as the Tsawwassen harvest level for crab until the Parties reach agreement on a Tsawwassen Allocation under clause 46 or until a Tsawwassen Allocation is established under clause 49.

49. In the case of crab, if 30 months after an arbitrator provides a decision under clause 40, the Parties have not agreed on the Tsawwassen Allocation, the Tsawwassen Allocation is the Basic Harvest Entitlement times 1.25.

AMENDMENT TO THE FINAL AGREEMENT

50. Where the Minister and Tsawwassen First Nation agree in writing to the Tsawwassen Allocation for a Non-Allocated Species, or a Tsawwassen Allocation for a Non-Allocated Species is determined under clause 47 or 49, the Parties will amend this Agreement, in accordance with clause 11 of the Amendment chapter, to include the Tsawwassen Allocation in this Agreement.

POWER TO MAKE LAWS

51. Tsawwassen Government may make laws in respect of:

a. the designation of individuals and vessels to harvest Fish and Aquatic Plants under the Tsawwassen Fishing Right; and

b. the distribution among Tsawwassen Members of Fish and Aquatic Plants harvested under the Tsawwassen Fishing Right.

52. A Tsawwassen Law made under clause 51 prevails to the extent of a Conflict with a Federal or Provincial Law.

53. Tsawwassen Government may make laws in respect of:

a. the designation of individuals and vessels by Tsawwassen First Nation to harvest Fish and Aquatic Plants under fishing licences that are issued to Tsawwassen First Nation but that are not Tsawwassen Harvest Documents;

b. the documentation of individuals and vessels designated by Tsawwassen First Nation; and

c. the Trade and Barter by Tsawwassen Members of Fish and Aquatic Plants harvested under the Tsawwassen Fishing Right.

54. A Federal or Provincial Law prevails to the extent of a Conflict with a Tsawwassen Law made under clause 53.

DESIGNATION

55. Where a Tsawwassen Allocation for a species of Fish or Aquatic Plants has been established under this Agreement, Tsawwassen First Nation may designate Tsawwassen Members and other individuals to harvest that species of Fish or Aquatic Plants under the Tsawwassen Fishing Right.

56. Tsawwassen First Nation may not designate individuals who are not Tsawwassen Members to harvest a species of Fish or Aquatic Plants under the Tsawwassen Fishing Right where no Tsawwassen Allocation for that species has been established under this Agreement.

DOCUMENTATION

57. Where Tsawwassen First Nation designates an individual or a vessel, Tsawwassen First Nation will issue written documentation to the individual or vessel to evidence the designation.

58. Documentation issued under clause 57 will:

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

b. in the case of an individual, include the name and address of the individual; and

c. meet any requirements set out in the Tsawwassen Fisheries Operational Guidelines and Tsawwassen Harvest Documents.

TSAWWASSEN HARVEST DOCUMENTS

59. Each year, or periodically for those fisheries matters managed by British Columbia, the Minister will issue one or more Tsawwassen Harvest Documents to Tsawwassen First Nation in respect of the Tsawwassen Fishing Right. A Tsawwassen Harvest Document will be consistent with this Agreement.

60. Tsawwassen First Nation will inform those individuals who are designated by Tsawwassen First Nation to harvest Fish and Aquatic Plants under the Tsawwassen Fishing Right of the provisions of the Tsawwassen Harvest Documents.

61. Where the Minister issues a Tsawwassen Harvest Document, the Minister will take into account:

a. conservation measures and the availability of fisheries resources;

b. the recommendations on the provisions of Tsawwassen 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.

62. The Minister will provide written reasons to Tsawwassen First Nation and the Joint Fisheries Committee if the provisions of a Tsawwassen Harvest Document differ significantly from:

a. the provisions that the Joint Fisheries Committee recommended to the Minister for inclusion in the Tsawwassen Harvest Document; or

b. a written recommendation in respect of the Tsawwassen Harvest Document under clause 77.

63. Where the Minister amends a Tsawwassen Harvest Document, the Minister will:

a. give notice to;

b. provide written reasons to; and

c. where practicable, discuss those amendments in advance with

Tsawwassen First Nation and the Joint Fisheries Committee.

64. Where special circumstances make it impracticable to discuss an amendment with Tsawwassen First Nation or the Joint Fisheries Committee under clause 63, the Minister:

a. may amend the Tsawwassen Harvest Document without receiving recommendations from the Joint Fisheries Committee; and

b. will notify the Joint Fisheries Committee and Tsawwassen First Nation as soon as practicable of the amendment and the reasons for the amendment.

TSAWWASSEN ANNUAL FISHING PLAN

65. Every year, Tsawwassen First Nation will develop a Tsawwassen Annual Fishing Plan for the harvest under the Tsawwassen Fishing Right of Non-Allocated Species of Fish and Aquatic Plants, and species for which there is a Tsawwassen Allocation.

66. A Tsawwassen Annual Fishing Plan will include, as appropriate, Tsawwassen First Nation preferences as to:

a. the stocks or species of Fish and Aquatic Plants to be harvested and, where appropriate, the amounts;

b. a description of the Fish and Aquatic Plants to be harvested;

c. the species, locations and timing of the harvest of Intertidal Bivalves;

d. the location and timing of harvests;

e. access to specific run timing groups;

f. the method of harvest, the size, type, identification, marking, and quantity of fishing gear and the manner in which it may be used;

g. the monitoring of harvests, including notification, catch monitoring, identification and reporting of harvest;

h. the distribution and transportation of Fish and Aquatic Plants harvested under the Tsawwassen Fishing Right;

i. Tsawwassen First Nation enforcement activities;

j. other matters as may be required for Tsawwassen Harvest Documents; and

k. other matters in respect of Tsawwassen fisheries.

67. Each year, Tsawwassen First Nation will provide a Tsawwassen Annual Fishing Plan to the Joint Fisheries Committee in a timely way.

JOINT FISHERIES COMMITTEE

68. On the Effective Date, the Parties will establish a Joint Fisheries Committee to facilitate cooperative assessment, planning, and management of:

a. the exercise of the Tsawwassen Fishing Right;

b. Enhancement Initiatives and Stewardship Activities by Tsawwassen First Nation;

c. monitoring and enforcement activities in respect of Tsawwassen First Nation fisheries; and

d. other matters as the Parties may agree.

69. Subject to federal and provincial access to information and privacy legislation, the Parties will provide each other with access to publicly available information necessary to enable the Joint Fisheries Committee to carry out its functions and activities.

70. The Joint Fisheries Committee will consist of one representative from each Party, but additional individuals may participate in meetings to support or assist a representative.

71. Canada may choose not to attend Joint Fisheries Committee meetings on fisheries matters managed by British Columbia.

72. British Columbia may choose not to attend Joint Fisheries Committee meetings on fisheries matters managed by Canada.

73. In facilitating cooperative activities and functions under clause 68, the Joint Fisheries Committee may:

a. discuss publicly available information for proposed new emerging commercial fisheries and other fisheries that may be conducted in Tsawwassen Territory or that could significantly affect the Tsawwassen Fishing Right;

b. discuss publicly available information that is related to measures necessary for conservation, public health or public safety that could significantly affect the Tsawwassen Fishing Right;

c. discuss publicly available information related to proposed Enhancement Initiatives in the Tsawwassen Fishing Area or Tsawwassen Intertidal Bivalve Fishing Area;

d. arrange for the collection and exchange of publicly available data on fisheries;

e. discuss possible provisions for a Tsawwassen Annual Fishing Plan or Tsawwassen Harvest Documents before Tsawwassen First Nation develops a Tsawwassen Annual Fishing Plan;

f. review a Tsawwassen Annual Fishing Plan;

g. review proposals by Tsawwassen First Nation for Enhancement Initiatives;

h. communicate with other advisory bodies in respect of matters of mutual interest;

i. exchange publicly available information on issues related to international arrangements that could significantly affect the Tsawwassen Fishing Right; and

j. carry out other functions and activities as the Parties may agree.

74. The Joint Fisheries Committee may discuss and make recommendations to the Parties in respect of:

a. Tsawwassen First Nation fisheries for Non-Allocated Species and Tsawwassen Allocations;

b. the management and harvesting of Fish in the Tsawwassen Fishing Area and the Tsawwassen Intertidal Bivalve Fishing Area;

c. the management and harvesting of Fish outside the Tsawwassen Fishing Area and the Tsawwassen Intertidal Bivalve Fishing Area that could significantly affect harvesting under the Tsawwassen Fishing Right;

d. the management and protection of Fish habitat;

e. Enhancement Initiatives and Stewardship Activities conducted by Tsawwassen First Nation in Tsawwassen Territory;

f. overages and underages;

g. in-season amendments to Tsawwassen Harvest Documents;

h. the provisions for Tsawwassen Harvest Documents, taking into account, among other things, provisions related to:

i. matters set out in a Tsawwassen Annual Fishing Plan, where Tsawwassen First Nation gives the Tsawwassen Annual Fishing Plan to the Joint Fisheries Committee in a timely way;

ii. measures for establishing harvest amounts for a Non-Allocated Species in any given year;

iii. access to a specific stock; and

iv. other measures for the harvest and management of Fish;

i. procedures for the identification of surplus Salmon and terms and conditions for harvests of surplus Salmon;

j. the size and disposition of surplus Salmon;

k. the harvest of surplus Salmon; and

l. other matters that could significantly affect harvesting under the Tsawwassen Fishing Right.

75. The Joint Fisheries Committee will establish its own operating procedures and the Parties will set them out in the Tsawwassen Fisheries Operational Guidelines.

76. The Joint Fisheries Committee representatives will seek to operate by consensus. The representatives of the Joint Fisheries Committee representing the Tsawwassen First Nation and Canada are responsible for functions and activities in respect of fisheries matters managed by Canada. The representatives of the Joint Fisheries Committee representing the Tsawwassen First Nation and British Columbia are responsible for functions and activities in respect of fisheries matters managed by British Columbia.

77. If the Joint Fisheries Committee has not been able to reach agreement on a recommendation or is unable to convene due to special circumstances, any Party may submit its written recommendations to the Minister and will provide a copy to the other Parties.

78. If special circumstances make it impracticable for the Minister to receive recommendations from the Joint Fisheries Committee, the Minister:

a. may make the decision or take the action that the Minister considers necessary, without receiving recommendations from the Joint Fisheries Committee; and

b. for the matters described in the Tsawwassen Fisheries Operational Guidelines, will provide written reasons to the Joint Fisheries Committee, as soon as practicable, of the special circumstances and the decision made or action taken.

TSAWWASSEN FISHERIES OPERATIONAL GUIDELINES

79. The Tsawwassen Fisheries Operational Guidelines set out the operational principles, procedures and guidelines to assist the Parties to implement this chapter.

80. The Parties will update and maintain the Tsawwassen Fisheries Operational Guidelines document as required.

REGIONAL FISHERIES COMMITTEE

81. Where a regional fisheries committee is proposed or established for aboriginal fisheries in an area that includes all or part of the Tsawwassen Fishing Area or Tsawwassen Intertidal Bivalve Fishing Area and that committee has functions and activities similar to those of the Joint Fisheries Committee, the Parties will determine which functions or activities of the Joint Fisheries Committee can be addressed more effectively by a regional fisheries committee, and will discuss the mechanism for participation by Tsawwassen First Nation in the regional fisheries committee.

82. Any Party may request that a function or activity of the Joint Fisheries Committee be performed by the regional fisheries committee.

83. In determining which functions or activities of the Joint Fisheries Committee can be addressed more effectively by a regional fisheries committee under clause 81, no Party will unreasonably withhold consent to a request made by another Party.

84. Where the Parties agree that a function or activity of the Joint Fisheries Committee will be carried out by a regional fisheries committee:

a. the Parties will update the Tsawwassen Fisheries Operational Guidelines document, as required, to reflect the change; and

b. a reference in this Agreement to the Joint Fisheries Committee will be read as a reference to the regional fisheries committee for that function or activity.

85. Where a regional fisheries committee performs a function or activity of the Joint Fisheries Committee:

a. any Party may request that a function or activity that is not effectively addressed or efficiently coordinated by the regional fisheries committee be resumed by the Joint Fisheries Committee; and

b. the Parties will update the Tsawwassen Fisheries Operational Guidelines document, as required, to reflect the change.

86. In determining which functions or activities of the regional fisheries committee can be resumed by the Joint Fisheries Committee, under subclause 85.a, no Party will unreasonably withhold its consent to a request made by another Party.

87. If a regional fisheries committee is terminated and is not replaced by another process, the Joint Fisheries Committee will resume its original functions or activities.

88. The Parties will, from time to time, review and discuss the effectiveness of the Joint Fisheries Committee and the regional fisheries committee that carries out a function or activity of the Joint Fisheries Committee.

PUBLIC FISHERIES MANAGEMENT ADVISORY PROCESS

89. Where Canada or British Columbia proposes to establish a public fisheries management advisory process for an area of the Fraser River watershed that includes any part of the Tsawwassen Fishing Area or Tsawwassen Intertidal Bivalve Fishing Area, Canada or British Columbia will Consult with Tsawwassen First Nation in developing that public fisheries management advisory process and, if appropriate, will provide for participation by Tsawwassen First Nation on the same basis as other First Nations.

90. Neither a public fisheries management advisory process referred to in clause 89 nor a regional fisheries committee referred to in clause 81 is an international fisheries advisory process.

91. The design, establishment and termination of public fishery advisory management processes are at the discretion of the Minister.

ENFORCEMENT

92. The Parties may negotiate agreements in respect of the enforcement of Federal and Provincial Laws and Tsawwassen Laws in respect of fisheries.

93. Tsawwassen Laws made under this chapter may be enforced by persons authorized to enforce, in British Columbia, Federal Law, Provincial Law or Tsawwassen Law.

STEWARDSHIP AND ENHANCEMENT

94. With the approval of the Minister and in accordance with Federal and Provincial Law, Tsawwassen First Nation may conduct Enhancement Initiatives and Stewardship Activities in Tsawwassen Territory.

95. Canada and Tsawwassen First Nation may negotiate agreements in respect of Tsawwassen First Nation activities related to Enhancement Initiatives and Stewardship Activities.

TSAWWASSEN FISHERIES FUND

96. On the Effective Date, Canada will pay to Tsawwassen First Nation one million dollars ($1,000,000) to establish a Tsawwassen Fisheries Fund.

97. The Tsawwassen Fisheries Fund may be used for:

a. promoting the conservation and protection of Fish and Aquatic Plants and Fish habitat in Tsawwassen Territory;

b. facilitating the sustainable management of Fish and Fish habitat in Tsawwassen Territory; and

c. promoting and supporting participation by Tsawwassen First Nation in the stewardship of Fish and Fish habitat in Tsawwassen Territory.

98. In pursuing the uses of the Tsawwassen Fisheries Fund, Tsawwassen First Nation may seek and consider recommendations from the Joint Fisheries Committee.

MARINE PROTECTED AREAS

99. Canada will Consult with Tsawwassen First Nation when Canada proposes to establish, terminate, or change the boundaries of a Marine Protected Area that is wholly or partially within Tsawwassen Territory.

100. Tsawwassen First Nation may recommend in writing that Canada establish, terminate or change the boundaries of a Marine Protected Area that is wholly or partially within Tsawwassen Territory.

101. Where Tsawwassen First Nation makes a written recommendation under clause 100 to establish, terminate or change the boundaries of a Marine Protected Area that is wholly or partially within Tsawwassen Territory, Canada will review the recommendation and provide a written response.

ECONOMIC OPPORTUNITIES

102. On the Effective Date, Canada, British Columbia and Tsawwassen First Nation will enter into a Tsawwassen First Nation Harvest Agreement.

103. For greater certainty, as provided for under clause 58 of the General Provisions chapter, a Tsawwassen First Nation 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.

104. A Party may terminate a Tsawwassen First Nation Harvest Agreement and it will recompense the Tsawwassen First Nation in accordance with the terms of that agreement.

105. For purposes of increasing the commercial fishing capacity of Tsawwassen First Nation, on the Effective Date, Canada will provide to Tsawwassen First Nation amounts, to be paid in accordance with clause 1 of the Capital Transfer and Negotiation Loan Repayment chapter, to establish:

a. a Tsawwassen Commercial Fish Fund; and

b. a Tsawwassen Commercial Crab Fund.

The values in 2006 of the amounts referred to in subclauses 105.a and 105.b are approximately $1,155,000 and $450,000, respectively.

NEW EMERGING COMMERCIAL FISHERIES

106. Where the Minister proposes to establish a new emerging commercial fishery within Pacific Fishery Management Areas 14, 15, 16, 17, 18, 19, 20, 28 or 29, the Minister will advise Tsawwassen First Nation of the proposal to establish the fishery and will Consult with Tsawwassen First Nation on a process for participants to enter the fishery and for how the fishery should be allocated among participants.

107. Any participation by Tsawwassen First Nation in any new emerging commercial fishery authorized by the Minister will be determined in accordance with the process established by the Minister.

AQUACULTURE

108. Tsawwassen First Nation may give notice to British Columbia within ten years of the Effective Date that it wishes to negotiate a shellfish aquaculture tenure within Tsawwassen Territory.

109. A notice from Tsawwassen First Nation under clause 108 will include written confirmation that Tsawwassen First Nation has addressed any issues arising from claims of other aboriginal groups to specific shellfish aquaculture tenure sites proposed by Tsawwassen First Nation.

110. Upon receiving notice from Tsawwassen First Nation under clause 109, British Columbia and Tsawwassen First Nation will negotiate and attempt to reach agreement on a shellfish aquaculture tenure under Provincial Law.




CHAPTER 10 - WILDLIFE

GENERAL

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. Federal or Provincial Law;

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

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

POWER TO MAKE LAWS

20. Tsawwassen Government may make laws in respect of:

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

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

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

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

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

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

22. Tsawwassen Government may make laws in respect of:

a. the management of Wildlife habitat on Tsawwassen Lands;

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

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

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

DOCUMENTATION

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

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

26. Documentation issued under clause 24 will:

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

b. include the name and address of the individual.

DESIGNATED WILDLIFE SPECIES

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

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

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

TOTAL ALLOWABLE WILDLIFE HARVEST

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

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

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

ALLOCATION OF DESIGNATED WILDLIFE SPECIES

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

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

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

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

c. changes in Tsawwassen First Nation harvesting effort; and

d. harvest by individuals who are not Tsawwassen Members.

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

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

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

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

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

c. changes in Tsawwassen First Nation harvesting effort;

d. harvest by individuals who are not Tsawwassen Members;

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

f. changes in conservation requirements.

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

WILDLIFE HARVEST PLAN

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

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

a. a Designated Wildlife Species; and

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

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

a. documentation of harvesters authorized by Tsawwassen First Nation;

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

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

d. method of identifying harvested Wildlife;

e. method of monitoring and reporting harvested Wildlife;

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

g. the term of the Wildlife Harvest Plan;

h. management concerns identified by the Minister; and

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

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

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

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

b. public health and public safety;

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

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

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

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

g. other relevant considerations.

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

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

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

c. consider the response of Tsawwassen First Nation; and

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

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

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

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

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

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

REGIONAL WILDLIFE PLANNING

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

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

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

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

ENFORCEMENT

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

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

54. Tsawwassen Government will make laws to require:

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

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

TRAINING

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

a. conservation and safety; and

b. methods of harvesting and handling Wildlife.

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

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





CHAPTER 11 - MIGRATORY BIRDS

GENERAL

1. Tsawwassen First Nation has the right to harvest Migratory Birds for Domestic Purposes in the Tsawwassen Migratory Bird Harvest Area throughout the year in accordance with this Agreement.

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

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

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

5. Tsawwassen First Nation may sell inedible by-products, including down, of Migratory Birds harvested under the Tsawwassen Right to Harvest Migratory Birds, in accordance with Federal and Provincial Law and a Tsawwassen Law made under subclause 20.e.

6. Tsawwassen First Nation may sell Migratory Birds harvested under the Tsawwassen Right to Harvest Migratory Birds if the sale of Migratory Birds is permitted under Federal and Provincial Law, and any such sale will be in accordance with Federal and Provincial Law and a Tsawwassen Law made under subclause 22.c.

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

8. The Tsawwassen Right to Harvest Migratory Birds will be exercised in a manner that does not interfere with authorized uses or Dispositions of provincial Crown land existing as at the Effective Date or authorized in accordance with clause 9.

9. British Columbia may authorize uses of or Dispose of provincial Crown land and any authorized use or Disposition may affect the methods, times and locations of the harvest under the Tsawwassen Right to Harvest Migratory Birds, provided that British Columbia ensures that those authorized uses or Dispositions do not deny to Tsawwassen First Nation the reasonable opportunity to harvest under the Tsawwassen Right to Harvest Migratory Birds.

10. Upon six months notice by either Party, Tsawwassen First Nation and British Columbia will negotiate and attempt to reach agreement on a process to evaluate uses and Dispositions of provincial Crown land that have the potential to deny to Tsawwassen First Nation the reasonable opportunity to harvest under the Tsawwassen Right to Harvest Migratory Birds.

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

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

13. Tsawwassen First Nation may exercise the Tsawwassen Right to Harvest Migratory Birds on lands contained within a National Wildlife Area if Canada agrees to provide access, and any such harvest will be in accordance with Federal and Provincial Law.

14. The transport and export by Tsawwassen First Nation and Tsawwassen Members of Migratory Birds or their inedible by-products, including down, harvested under the Tsawwassen Right to Harvest Migratory Birds are subject to Federal and Provincial Law.

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

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

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

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

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

a. Federal or Provincial Law;

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

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

POWER TO MAKE LAWS

20. Tsawwassen Government may make laws in respect of:

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

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

c. the methods, timing, and location of the harvest of Migratory Birds by Tsawwassen Members under the Tsawwassen Right to Harvest Migratory Birds;

d. the Trade and Barter of Migratory Birds harvested under the Tsawwassen Right to Harvest Migratory Birds; and

e. the sale of inedible by-products, including down, of Migratory Birds harvested under the Tsawwassen Right to Harvest Migratory Birds.

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

22. Tsawwassen Government may make laws in respect of:

a. the management of Migratory Birds and Migratory Bird habitat on Tsawwassen Lands;

b. the establishment and administration of licensing requirements for the harvest of Migratory Birds under the Tsawwassen Right to Harvest Migratory Birds, including the issuance of documentation to identify individuals designated by Tsawwassen First Nation in respect of that harvest; and

c. the sale of Migratory Birds harvested under the Tsawwassen Right to Harvest Migratory Birds.

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

DOCUMENTATION

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

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

26. Documentation issued under clause 24 will:

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

b. include the name and address of the individual.

ENFORCEMENT

27. The Parties may negotiate and attempt to reach agreements in respect of the enforcement of Federal Law, Provincial Law, and Tsawwassen Law in respect of Migratory Birds.

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

CONSERVATION MEASURES

Designated Migratory Bird Population

29. At the request of Tsawwassen First Nation or the Minister, the Parties will share information in respect of conservation for Migratory Bird populations, including activities related to harvesting under the Tsawwassen Right to Harvest Migratory Birds.

30. Where, in the opinion of a Party, there is a conservation risk to a Migratory Bird population, that Party may make recommendations to the Minister for the designation of that population as a Designated Migratory Bird Population.

31. After Consulting with Tsawwassen First Nation, the Minister may designate a Migratory Bird population as a Designated Migratory Bird Population if the Minister determines that, in order to address a conservation risk to that population, a Total Allowable Migratory Bird Harvest of that Migratory Bird population is necessary.

32. The Minister, in determining the Total Allowable Migratory Bird Harvest for a Designated Migratory Bird Population, will take into account, among other things, the following:

a. recommendations from Tsawwassen First Nation;

b. the best available knowledge about the Designated Migratory Bird Population, including aboriginal traditional knowledge;

c. continental and local conservation requirements; and

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

33. In making an allocation for Tsawwassen First Nation from the Total Allowable Migratory Bird Harvest for a Designated Migratory Bird Population, the Minister will take into account the Tsawwassen Right to Harvest Migratory Birds and, among other things, the following:

a. the Total Allowable Migratory Bird Harvest for that population;

b. current and past food, social or ceremonial needs, and harvesting practices of Tsawwassen First Nation in respect of that population; and

c. other harvests of that population for food, social or ceremonial purposes.

34. 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.

Migratory Bird Agreements

35. 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.

CONSULTATION ON INTERNATIONAL NEGOTIATIONS ON MIGRATORY BIRDS

36. Canada will Consult with Tsawwassen First Nation on the development of Canada's positions in respect of international discussions or negotiations that may adversely affect the Tsawwassen Right to Harvest Migratory Birds.




CHAPTER 12 - NATIONAL PARKS AND NATIONAL MARINE CONSERVATION AREAS

GENERAL

1. Tsawwassen First Nation has the right to harvest Renewable Resources for Domestic Purposes:

a. in National Parks that are wholly or partly within Tsawwassen Territory; and

b. in National Marine Conservation Areas that are wholly or partly within Tsawwassen Territory, if any are established,

in accordance with this Agreement.

2. Harvesting of Intertidal Bivalves under the Tsawwassen Fishing Right in areas where the Tsawwassen Intertidal Bivalve Fishing Area overlaps with a National Park or National Marine Conservation Area will be conducted in accordance with the terms and conditions for harvesting in National Parks and National Marine Conservation Areas in this chapter, as if Intertidal Bivalves were included in the definition of Renewable Resources.

3. The Tsawwassen Right to Harvest Renewable Resources is limited by measures necessary for conservation, public health or public safety.

4. The Tsawwassen Right to Harvest Renewable Resources is held by Tsawwassen First Nation and Tsawwassen First Nation may not Dispose of that right.

5. Tsawwassen First Nation and Tsawwassen Members have the right to Trade and Barter Renewable Resources harvested under the Tsawwassen Right to Harvest Renewable Resources, among themselves or with other aboriginal people of Canada resident in British Columbia.

6. For ceremonial purposes, Tsawwassen First Nation and Tsawwassen Members may exchange regalia or traditional or artistic objects, made from Renewable Resources harvested in accordance with this chapter, among themselves or with other Coast Salish people.

7. The transport and export by Tsawwassen First Nation and Tsawwassen Members of Renewable Resources harvested under the Tsawwassen Right to Harvest Renewable Resources are subject to Federal and Provincial Law.

8. The Minister retains authority for the management, administration and control of National Parks and National Marine Conservation Areas, and any other protected areas that are owned by Canada and administered by the Parks Canada Agency, and will exercise that authority in a manner that is consistent with this Agreement.

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

10. Canada will not charge a fee for a Tsawwassen Member to enter or gain access to a National Park or National Marine Conservation Area to harvest under the Tsawwassen Right to Harvest Renewable Resources, but may charge for the use of visitor facilities or other services for which fees are normally charged.

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

12. This Agreement does not alter Federal or Provincial Law in respect of property in Renewable Resources.

13. This Agreement does not preclude Tsawwassen Members from gathering Plants on federal Crown lands other than federal protected areas, subject to Federal and Provincial Law.

POWER TO MAKE LAWS

14. Tsawwassen Government may make laws in respect of:

a. the designation of Tsawwassen Members to harvest Renewable Resources under the Tsawwassen Right to Harvest Renewable Resources; and

b. the distribution among Tsawwassen Members of Renewable Resources harvested under the Tsawwassen Right to Harvest Renewable Resources.

15. A Tsawwassen Law made under clause 14 prevails to the extent of a Conflict with a Federal or Provincial Law.

16. Tsawwassen Government may make laws in respect of the documentation of Tsawwassen Members who have been designated to harvest under the Tsawwassen Right to Harvest Renewable Resources.

17. A Federal or Provincial Law prevails to the extent of a Conflict with a Tsawwassen Law made under clause 16.

DOCUMENTATION

18. Tsawwassen First Nation will issue documentation to identify individuals who are authorized to harvest under the Tsawwassen Right to Harvest Renewable Resources.

19. When harvesting under the Tsawwassen Right to Harvest Renewable Resources, an individual is required to produce, at the request of a person authorized to enforce Federal Law, Provincial Law or Tsawwassen Law in respect of Renewable Resources, the documentation referred to in clause 18.

20. Documentation issued under clause 18 will:

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

b. include the name and address of the individual; and

c. meet any requirements set out in a Renewable Resource Harvesting Document.

RENEWABLE RESOURCE HARVESTING

21. Each year, or as otherwise agreed, Canada and Tsawwassen First Nation will meet to develop terms and conditions for harvesting under the Tsawwassen Right to Harvest Renewable Resources and will make reasonable efforts to reach consensus using a collaborative process.

22. In developing the terms and conditions referred to in clause 21, Canada and Tsawwassen First Nation will take into account:

a. the Tsawwassen Right to Harvest Renewable Resources;

b. the preferences of Tsawwassen First Nation in respect of the quantity, methods, timing and locations for harvesting;

c. the requirements for conservation and ecological integrity and the availability of the Renewable Resources to which the terms and conditions would apply;

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

e. other authorized uses of the National Park or National Marine Conservation Area;

f. requirements for the management of the National Park or National Marine Conservation Area;

g. opportunities for similar harvesting activities outside of National Parks and National Marine Conservation Areas, as provided for in other chapters of this Agreement;

h. other harvests of Renewable Resources for food, social or ceremonial purposes; and

i. any other matter that Canada or Tsawwassen First Nation considers relevant.

23. Subject to clause 24, after receiving and considering any terms and conditions developed under clause 21, the Minister will, in a timely way, issue a Renewable Resource Harvest Document to Tsawwassen First Nation that sets out the terms and conditions for harvesting under the Tsawwassen Right to Harvest Renewable Resources.

24. Where Canada and Tsawwassen First Nation do not agree on terms and conditions under clause 21, the Minister may take the action, including issuing a Renewable Resource Harvesting Document, that the Minister considers necessary.

25. The Minister may issue or amend a Renewable Resource Harvesting Document:

a. at the request of Tsawwassen First Nation; or

b. in order to respond to exceptional circumstances where it is not practicable to engage in the process referred to in clause 21.

26. Where the Minister takes action under clause 24 or 25, the Minister will advise Tsawwassen First Nation as soon as practicable of the action taken and the reasons for it.

27. Tsawwassen First Nation will exercise the Tsawwassen Right to Harvest Renewable Resources in accordance with:

a. the applicable Tsawwassen Renewable Resource Harvesting Document; and

b. the management plan for the relevant National Park or National Marine Conservation Area.

28. Tsawwassen First Nation will provide to the Minister, on request, information in respect of harvesting by Tsawwassen Members under the Tsawwassen Right to Harvest Renewable Resources.

29. Canada will Consult with Tsawwassen First Nation in respect of any proposed new legislation or regulation, or amendment thereto, for harvesting of Renewable Resources in any National Park or National Marine Conservation Area that is wholly or partly within Tsawwassen Territory to the extent that the new legislation or regulation, or amendment thereto, may reasonably be expected to affect the Tsawwassen Right to Harvest Renewable Resources.

30. After Consultation with Tsawwassen First Nation, the Minister may close to harvesting an area in a National Park or National Marine Conservation Area, for as long as necessary, for purposes of park or marine conservation area management including ecosystem research, protection of representative ecosystems and protection of species or habitats.

CONSERVATION MEASURES

31. Canada will Consult with Tsawwassen First Nation in respect of:

a. the need for additional conservation measures within the relevant National Park or National Marine Conservation Area in Tsawwassen Territory during the term of a Renewable Resource Harvesting Document; and

b. the development and implementation of such additional conservation measures where the Minister decides that the measures are necessary.

32. After the Consultation referred to in clause 31, the Minister may amend a Renewable Resource Harvesting Document to the extent required to bring into effect the conservation measures referred to in clause 31.

PARK ESTABLISHMENT AND BOUNDARY CHANGES

33. Canada will Consult with Tsawwassen First Nation before establishing or changing the boundaries of any National Park or National Marine Conservation Area that is wholly or partly within Tsawwassen Territory.

CO-OPERATION IN PLANNING AND MANAGEMENT

34. In respect of a National Park or National Marine Conservation Area that is wholly or partly within Tsawwassen Territory, Canada will Consult with Tsawwassen First Nation on:

a. the role of Tsawwassen First Nation in interim planning and management planning;

b. the role of Tsawwassen First Nation in the research and protection of Cultural Heritage Sites of significance to Tsawwassen First Nation;

c. the role of Tsawwassen First Nation in the identification, protection, interpretation and presentation of Tsawwassen Artifacts and heritage where applicable, including the use of the Hun'qum'i'num language in signage and interpretation; and

d. the traditional ecological knowledge of Tsawwassen First Nation being considered in the natural history and management of any National Park or National Marine Conservation Area.

35. At the request of Tsawwassen First Nation, Canada and Tsawwassen First Nation will negotiate and attempt to reach agreement on arrangements for Tsawwassen First Nation to provide advice on matters affecting Tsawwassen First Nation in any National Park or National Marine Conservation Area that is wholly or partly within Tsawwassen Territory.

36. An agreement referred to in clause 35 will take the place of any Consultation referred to in clause 34.

37. An agreement referred to in clause 35 may provide for the following:

a. representation in an advisory process;

b. procedures for an advisory process, including a consensual approach and a dispute resolution process;

c. procedures for cooperation on appropriate cultural activities and the management of Renewable Resource harvesting;

d. identification of the interests of Tsawwassen Members in economic, employment or training opportunities in or associated with any National Park or National Marine Conservation Area; and

e. any other matters as agreed by Canada and Tsawwassen First Nation.

38. In respect of a National Park or National Marine Conservation Area that is wholly or partly within Tsawwassen Territory, Tsawwassen First Nation will make reasonable efforts to cooperate with others who harvest Renewable Resources for food, social or ceremonial purposes.




CHAPTER 13 - PROVINCIAL PARKS AND GATHERING


GENERAL

1. Tsawwassen First Nation has the right to gather Plants for Domestic Purposes in those areas set out in Appendix M – 2 in accordance with this Agreement.

2. If any additional Provincial Park, Protected Area or Wildlife Management Area is established in Tsawwassen Territory, the Parties will amend Appendices M – 1 and M – 2 to include the area, in accordance with clause 11 of the Amendment chapter, unless the Parties agree otherwise.

3. The Tsawwassen Right to Gather Plants is limited by measures necessary for conservation, public health or public safety.

4. The Tsawwassen Right to Gather Plants is held by Tsawwassen First Nation and Tsawwassen First Nation may not Dispose of that right.

5. Tsawwassen First Nation and Tsawwassen Members have the right to Trade and Barter Plants gathered under the Tsawwassen Right to Gather Plants, among themselves or with other aboriginal people of Canada resident in British Columbia.

6. For ceremonial purposes, Tsawwassen First Nation and Tsawwassen Members may exchange regalia or traditional or artistic objects, made from Plants gathered under the Tsawwassen Right to Gather Plants, among themselves and with other Coast Salish people.

7. The Tsawwassen Right to Gather Plants will be exercised in a manner that does not interfere with authorized uses or Dispositions existing on the Effective Date or with uses, Dispositions or boundary modifications authorized in accordance with clause 8.

8. British Columbia may authorize uses of, Dispose of, or make boundary modifications to the areas set out in Appendix M – 2 and any authorized use, Disposition or boundary modification may affect the methods, times and locations of gathering under the Tsawwassen Right to Gather Plants provided that British Columbia ensures that those authorized uses, Dispositions or boundary modifications do not deny to Tsawwassen First Nation the reasonable opportunity to gather under the Tsawwassen Right to Gather Plants.

9. Upon six months notice by either Party, Tsawwassen First Nation and British Columbia will negotiate and attempt to reach agreement on a process to evaluate uses and Dispositions of provincial Crown land that have the potential to deny to Tsawwassen First Nation the reasonable opportunity to gather under the Tsawwassen Right to Gather Plants.

10. The transport and export by Tsawwassen First Nation and Tsawwassen Members of Plants gathered under the Tsawwassen Right to Gather Plants are subject to Federal and Provincial Law.

11. The Minister retains authority for managing, administering and controlling Provincial Parks, Protected Areas and Wildlife Management Areas and will exercise that authority in a manner that is consistent with this Agreement.

12. Neither Canada nor British Columbia will require a Tsawwassen Member to have a licence or to pay a fee or royalty for gathering Plants under the Tsawwassen Right to Gather Plants.

13. Tsawwassen Members will have access, without a fee being charged, for entrance to and within areas set out in Appendix M – 2, except where fees are charged to a Tsawwassen Member for use of visitor facilities and services for which fees are normally charged.

14. This Agreement does not alter Federal or Provincial Law in respect of property in Plants.

15. This Agreement does not preclude Tsawwassen Members from gathering Plants on provincial Crown lands, subject to Federal and Provincial Law.

POWER TO MAKE LAWS

16. Tsawwassen Government may make laws in respect of:

a. the designation of Tsawwassen Members to gather Plants under the Tsawwassen Right to Gather Plants;

b. the distribution among Tsawwassen Members of Plants gathered under the Tsawwassen Right to Gather Plants; and

c. the Trade and Barter of Plants gathered under the Tsawwassen Right to Gather Plants.

17. A Tsawwassen Law made under clause 16 prevails to the extent of a Conflict with a Federal or Provincial Law.

18. Tsawwassen Government may make laws in respect of the documentation of Tsawwassen Members who have been designated to gather Plants.

19. A Federal or Provincial Law prevails to the extent of a Conflict with a Tsawwassen Law made under clause 18.

DOCUMENTATION

20. Tsawwassen First Nation will issue documentation to individuals who are authorized by Tsawwassen First Nation to gather under the Tsawwassen Right to Gather Plants.

21. When gathering under the Tsawwassen Right to Gather Plants, an individual is required to produce, at the request of a person authorized to enforce Federal Law, Provincial Law, or Tsawwassen Law in respect of Plants, the documentation referred to in clause 20.

22. Documentation issued under clause 20 will:

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

b. include the name and address of the individual; and

c. meet any requirements set out in the approved gathering plan.

GATHERING PLANTS

23. The Tsawwassen Right to Gather Plants will be exercised in accordance with an approved gathering plan.

24. Tsawwassen First Nation will develop a proposed gathering plan, consistent with the applicable management plan, if any, for areas set out in Appendix M – 2 and submit it to the Minister for approval.

25. The Minister will consult with the Greater Vancouver Regional District before approving a gathering plan that includes provincial Crown land within the Burns Bog Ecological Conservancy Area.

26. Any approved gathering plan that includes provincial Crown land within the Burns Bog Ecological Conservancy Area will be consistent with the Burns Bog Management Agreement between Canada, British Columbia, the Greater Vancouver Regional District and the Corporation of Delta, dated March 23, 2004.

27. At the request of the Minister or Tsawwassen First Nation, or on or before the expiry of the approved gathering plan, Tsawwassen First Nation, in collaboration with British Columbia, will submit a new or revised proposed gathering plan.

28. The Minister may issue or amend an approved gathering plan:

a. at the request of Tsawwassen First Nation; or

b. in order to respond to exceptional circumstances where it is impracticable to engage in discussions with Tsawwassen First Nation.

29. Tsawwassen First Nation will provide to the Minister, on request, information concerning the activities of Tsawwassen Members related to the exercise of the Tsawwassen Right to Gather Plants.

PLANNING AND CO-OPERATION IN MANAGEMENT

30. British Columbia and Tsawwassen First Nation may enter into an agreement in respect of the development of a cooperative working relationship in the Fraser River estuary, including the South Arm Marshes Wildlife Management Area, and Roberts Bank south to the United States border.

31. Where a public management planning process is established for a Provincial Park, Protected Area or Wildlife Management Area that is wholly or partially within Tsawwassen Territory, Tsawwassen First Nation may participate in the planning process on the same basis as other participants.

32. The participation of Tsawwassen First Nation in the planning processes referred to in clause 31 may include providing input on Tsawwassen First Nation culture and history, including:

a. protection of Heritage Resources of significance to Tsawwassen First Nation;

b. interpretation and presentation of Tsawwassen culture in interpretive signage; and

c. Tsawwassen traditional ecological knowledge.

33. British Columbia may proceed with any Provincial Park, Protected Area or Wildlife Management Area public management planning process whether or not Tsawwassen First Nation participates in that process.

34. British Columbia will Consult with Tsawwassen First Nation in respect of:

a. the establishment of new Provincial Parks, Protected Areas or Wildlife Management Areas;

b. the Disposition of or modification of boundaries of existing Provincial Parks, Protected Areas or Wildlife Management Areas; and

c. changes in the use or designation of existing Provincial Parks, Protected Areas or Wildlife Management Areas;

that may affect the Tsawwassen Right to Gather Plants, the Tsawwassen Right to Harvest Wildlife or the Tsawwassen Right to Harvest Migratory Birds.

35. British Columbia will Consult with Tsawwassen First Nation on the closure of opportunities for the exercise of the Tsawwassen Right to Harvest Wildlife in Provincial Parks and Protected Areas within the Tsawwassen Wildlife Harvest Area.

36. Nothing in this Agreement obliges British Columbia to establish any new Provincial Park, Protected Area or Wildlife Management Area or to maintain the designation of any Provincial Park, Protected Area, Wildlife Management Area or the Burns Bog Ecological Conservancy Area.

37. At the request of either Party, British Columbia and Tsawwassen First Nation will meet to discuss and exchange written information about maintenance, construction, research and operations opportunities available for competitive bid within any Provincial Park, Protected Area or Wildlife Management Area set out in Appendix M – 2.




CHAPTER 14 - CULTURE AND HERITAGE

GENERAL

1. Tsawwassen First Nation has the right to practise the culture of Tsawwassen First Nation, and to use the Hun'qum'i'num language, in a manner that is consistent with this Agreement.

POWER TO MAKE LAWS

2. Tsawwassen Government may make laws in respect of:

a. the preservation, promotion and development of the culture of Tsawwassen First Nation and the Hun'qum'i'num language on Tsawwassen Lands;

b. the conservation and protection of and access to Heritage Resources on Tsawwassen Lands;

c. archaeological sites on Tsawwassen Lands and archaeological material found after the Effective Date on Tsawwassen Lands;

d. Tsawwassen Artifacts owned by Tsawwassen First Nation;

e. Archaeological Human Remains found after the Effective Date on Tsawwassen Lands and any Archaeological Human Remains that come into the possession of Tsawwassen First Nation from Canada or British Columbia after the Effective Date; and

f. the devolution of Cultural Property of a Tsawwassen Member who dies without a valid will.

3. A Tsawwassen Law made under clause 2 prevails to the extent of a Conflict with a Federal or Provincial Law.

4. For the purposes of subclause 2.a, the culture of Tsawwassen First Nation includes its history, feasts, ceremonies, symbols, songs, dances, stories and traditional naming practices. For greater certainty, and in accordance with clause 22 of the General Provisions chapter, Tsawwassen Government does not have the power to make laws in respect of Intellectual Property or the official languages of Canada.

5. Tsawwassen First Nation has standing in any judicial proceeding in which:

a. the validity of the will of a Tsawwassen Member; or

b. the devolution of Cultural Property of a Tsawwassen Member,

is in issue, including any proceeding to vary a will.

6. Tsawwassen First Nation may commence, and has standing to intervene in, an action under provincial legislation in relation to wills variation in respect of the will of a Tsawwassen Member that provides for the devolution of Cultural Property.

7. In a proceeding to which clause 5 or clause 6 applies, the court will consider, among other matters, any evidence or representations in respect of Tsawwassen Law and Tsawwassen First Nation customs dealing with the devolution of Cultural Property.

8. The participation of Tsawwassen First Nation in proceedings referred to in clause 5 or clause 6 will be in accordance with the applicable rules of court and will not affect the ability of the court to control its process.

BEACH GROVE PARCELS

9. As of the Effective Date, in respect of the Beach Grove Parcels, unless Tsawwassen First Nation agrees otherwise, British Columbia will:

a. retain ownership;

b. not permit any activity under the Heritage Conservation Act; and

c. not permit any activity with respect to heritage objects.

10. Tsawwassen First Nation and British Columbia may negotiate and attempt to reach agreement for a delegated management arrangement over the Beach Grove Parcels, but there will be no associated financial obligations.

TSAWWASSEN ARTIFACTS

11. After the Effective Date, if a Tsawwassen Artifact comes into the permanent possession or under the control of the Royal British Columbia Museum, Tsawwassen First Nation and the Royal British Columbia Museum may negotiate a custodial arrangement for the Tsawwassen Artifact.

12. Tsawwassen First Nation and the Royal British Columbia Museum may negotiate and attempt to reach agreement on arrangements outside this Agreement in respect of cultural artifacts in the possession of either Tsawwassen First Nation or the Royal British Columbia Museum, in accordance with their respective policies and procedures.

13. On the Effective Date, British Columbia will pay to Tsawwassen First Nation one million dollars ($1,000,000) to establish a Cultural Purposes Fund.

14. Tsawwassen First Nation owns a Tsawwassen Artifact discovered, after the Effective Date, on Tsawwassen Lands in an archaeological context.

15. If a Tsawwassen Artifact, discovered off Tsawwassen Lands, comes into the permanent possession or under the control of Canada, Canada may lend or transfer that Tsawwassen Artifact to Tsawwassen First Nation in accordance with an agreement negotiated between Tsawwassen First Nation and Canada.

16. At the request of Tsawwassen First Nation, the Royal British Columbia Museum will share, in accordance with Federal and Provincial Law, any information it has about Tsawwassen Artifacts or Tsawwassen Archaeological Human Remains in other public collections in Canada.

17. At the request of Tsawwassen First Nation, Canada will use reasonable efforts to facilitate access by Tsawwassen First Nation to Tsawwassen Artifacts or Archaeological Human Remains of Tsawwassen ancestry that are held in Canadian public collections.

HERITAGE RESOURCES

18. Before the Effective Date, Tsawwassen First Nation and British Columbia may negotiate and attempt to reach agreement to provide for the meaningful participation of Tsawwassen First Nation in the identification, conservation, interpretation, management and protection of heritage sites that are:

a. of significance to Tsawwassen First Nation;

b. outside Tsawwassen Lands; and

c. within Tsawwassen Territory.

19. Tsawwassen First Nation and British Columbia may negotiate and attempt to reach agreement to provide for cooperative management of Heritage Resources that are:

a. of significance to Tsawwassen First Nation; and

b. on provincial Crown land within Tsawwassen Territory.

20. Nothing in this Agreement precludes Tsawwassen First Nation from providing to Canada information in respect of the presence on federal Crown land of artifacts, Archaeological Human Remains or Heritage Resources of significance to Tsawwassen First Nation.

21. Where British Columbia establishes a public or First Nation process in respect of Heritage Resources found on provincial Crown land within Tsawwassen Territory, Tsawwassen First Nation may participate in that process on the same basis as any other First Nation or other participant.

22. Where Canada establishes a public or First Nation process in respect of artifacts or Archaeological Human Remains found on federal Crown land within Tsawwassen Territory, Tsawwassen First Nation may participate in that process on the same basis as any other First Nation or other participant.

23. Where Tsawwassen First Nation provides to British Columbia information on an archaeological site within Tsawwassen Territory, in a format that meets the standards of the provincial archaeological site inventory, British Columbia will record that information in the provincial archaeological site inventory.

24. British Columbia and Tsawwassen First Nation may exchange information in respect of newly discovered archaeological sites and heritage objects within Tsawwassen Territory as they are identified.

25. Where British Columbia determines that a site within Tsawwassen Territory that is listed in the provincial archaeological site inventory is an archaeological site confirmed through archaeological investigation to no longer exist, or is a type of site not protected under Provincial Law, British Columbia will provide to Tsawwassen First Nation information on that site.

ARCHAEOLOGICAL HUMAN REMAINS

26. Subject to clause 27, at the request of Tsawwassen First Nation, Canada or British Columbia, as applicable, will transfer to Tsawwassen First Nation, in accordance with Federal or Provincial Law and policy, Archaeological Human Remains or Associated Burial Objects that:

a. come into the possession of Canada or British Columbia after the Effective Date; and

b. that can be demonstrated to be linked to Tsawwassen First Nation.

27. If there are competing aboriginal claims to the Archaeological Human Remains or Associated Burial Objects referred to in clause 26, Tsawwassen First Nation will provide to Canada or British Columbia, as applicable, written confirmation that the claim has been resolved before the transfer proceeds.

28. British Columbia will inform Tsawwassen First Nation where British Columbia becomes aware of a site that contains Archaeological Human Remains off Tsawwassen Lands and within Tsawwassen Territory.

PLACE NAMES

29. On the Effective Date, British Columbia will add the place names proposed by Tsawwassen First Nation, set out in Appendix O – 4, to the British Columbia Geographical Names Database.

30. After the Effective Date, Tsawwassen First Nation may propose that British Columbia name, rename or add a place name to a geographic feature in accordance with Federal or Provincial Law and policy.