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					                                                                                          CHAPTER 11 - WILDLIFE

Paragraph Parties     Resp        Implementation Impact Analysis                              Working Notes       Status
 Number              Centre                                             Obligation Type
10.0
10.1.0
10.1.1    FN                  may Harvest Wildlife within the           permissive
                              Wildlife Harvest Area for {food, social
                              and ceremonial purposes/Domestic
                              Purposes}
          FN                  must Harvest Wildlife in accordance       mandatory
                              with the treaty and other agreements or
                              measures established under the
                              authority of the treaty
10.1.2    CDA       FLNRO     may create restrictions on the FN Right   permissive
          BC                  to Harvest Wildlife if necessary for
                              conservation, public health or public
                              safety
10.1.3    FN                  must not Dispose of the FN Right to       mandatory
                              Harvest Wildlife
10.1.4    FN                  if exercising the FN Right to Harvest     mandatory
                              Wildlife, must Harvest in a manner
                              consistent with the communal nature of
                              the FN Harvest for {food, social and
                              ceremonial purposes/Domestic
                              Purposes}
10.1.5    FN                  may exercise the FN right to Harvest      permissive
                              except as otherwise provided under FN
                              Law
10.1.6    CDA       ENV       must continue pre-treaty                  mandatory
          BC        FLNRO     responsibilities for Wildlife
                              management, conservation and habitat

10.1.7    CDA                 may require FN Citizens to obtain          permissive
                              firearm licences for the use and
                              possession of firearms under Federal
                              Law
10.1.8    CDA                 must not require FN Citizens to carry      mandatory
          BC        FLNRO     licenses, or pay any fees or royalties
                              related to the exercise of the FN Right to
                              Harvest Wildlife




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                                                                                CHAPTER 11 - WILDLIFE

10.1.9    FN            may Harvest Wildlife throughout       permissive
                        Canada in accordance with Federal and
                        Provincial Laws
          CDA           must allow FN Citizens to harvest     mandatory
                        wildlife throughout Canada in
                        accordance with Federal and
                        Provincial Laws
10.1.10   CDA   ENV     must continue to exercise pre-treaty  mandatory
          BC    FLNRO   authority for managing and conserving
                JAG     Wildlife within FN Lands
10.2.0
10.2.1    BC    FLNRO   may determine if it is desirable to        permissive
                        authorize a use for or Dispose of
                        provincial Crown land
          BC    FLNRO   if yes, must ensure the proposed use or    mandatory
                        Disposition will not deny a reasonable
                        opportunity for FN to Harvest Wildlife
                        before authorizing that use or
                        Disposition
10.2.2    BC    ARR     must negotiate an agreement on a           mandatory
          FN            process for evaluating the impact of
                        authorizes uses or Dispositions of
                        provincial Crown land on FN's
                        reasonable opportunity to Harvest
                        Wildlife
          BC    ARR     must record all terms of agreement in      mandatory
          FN            writing and obtain appropriate
                        signatures
10.2.3    CDA           must acknowledge that any agreement        mandatory
          BC            contemplated under 11.2.2 does not
          FN            form part of the Final Agreement, and is
                        not a treaty or land claims agreement
                        or an affirmation of any aboriginal or
                        treaty rights

10.2.4    FN            must harvest Wildlife in a way that     mandatory
                        does not interfere with authorized uses
                        or Dispositions of provincial Crown
                        land




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                                                                             CHAPTER 11 - WILDLIFE

10.2.5   FN          may determine it is desirable to harvest permissive
                     Wildlife on land owned by Canada

         FN          if yes, must obtain agreement from         mandatory
                     Canada permitting access and
                     harvesting on Canada-owned land
         CDA         if requested, may enter into an            permissive
         FN          agreement to authorize the harvest of
                     Wildlife on land owned by a federal
                     department or agency
         FN          if agreement is reached, may harvest       permissive
                     Wildlife on Canada-owned land
10.2.6   FN          may exercise the FN Right to Harvest       permissive
                     Wildlife on privately owned lands
                     subject to Federal and Provincial Laws

10.2.7   FN          if exercising the FN Right to Harvest    permissive
                     Wildlife, may use resources that are
                     within the FN Harvest Area and on
                     provincial Crown land for purposes
                     reasonably incidental to the exercise of
                     that right
10.3.0
10.3.1   FN          may determine whether to make laws in permissive
                     respect of the matters set out in 11.3.1

         FN          if yes, must follow the process set out    mandatory
                     in the FN Constitution
         FN          must enter the law into the FN public      mandatory
                     registry when enacted
         FN          must provide copies of the law to BC       mandatory
                     and Canada when enacted
10.3.2   CDA         must apply FN Law made under 11.3.1.       mandatory
         BC    ENV   to the extent of a Conflict with Federal
         FN          or Provincial Law
10.3.3   FN          must make laws in respect of the           mandatory
                     matters set out in 11.3.3
         FN          must follow the process set out in the     mandatory
                     FN Constitution
         FN          must enter the law into the FN public      mandatory
                     registry when enacted

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                                                                    CHAPTER 11 - WILDLIFE

         FN   must provide copies of the law to BC     mandatory
              and Canada when enacted
10.3.4   FN   must make laws in respect of the         mandatory
              matters set out in 11.3.4
         FN   must follow the process set out in the   mandatory
              FN Constitution
         FN   must enter the law into the FN public    mandatory
              registry when enacted
         FN   must provide copies of the law to BC     mandatory
              and Canada when enacted
10.4.0
10.4.1   FN   may designate a non-FN Citizen to        permissive
              Harvest on behalf of a FN Citizen who is
              unable to exercise the FN Right to
              Harvest Wildlife
10.4.2   FN   must not assess a fee or any other       mandatory
              charge to a non-FN Citizen designated
              to Harvest Wildlife under 11.4.1

10.4.3   FN   must ensure that designated              mandatory
              individuals possess a hunting licence
              and are residents of British Columbia
              in accordance with the Wildlife Act

10.4.4   FN   must ensure that designated              mandatory
              individuals meet the criteria set out in
              11.4.4a. through 11.4.4e.
10.4.5   BC   may request FN provide a list of         permissive
              individuals authorized to Harvest
              Wildlife under 11.4.1
         FN   if requested, must provide a list of     mandatory
              those individuals authorized to Harvest
              Wildlife under 11.4.1
10.5.0
10.5.1   FN   must issue documentation to anyone       mandatory
              authorized to Harvest or transport
              Wildlife under the Final Agreement




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                                                                              CHAPTER 11 - WILDLIFE

10.5.2   FN           must follow the requirements set out in mandatory
                      11.5.2a. through 11.5.2c. regarding the
                      information that must appear on
                      Wildlife harvesting documentation

10.6.0
10.6.1   BC   FLNRO   must provide notice of the matter to be    mandatory
              ENV     decided, provide sufficient information
                      in respect of the matter, and a
                      reasonable period of time for FN to
                      prepare its views
         FN           may review matter and present any          mandatory
                      views
         BC   FLNRO   if views are presented, must provide       mandatory
              ENV     full and fair consideration
10.6.2   BC   FLNRO   may consider establishing, varying or      permissive
              ENV     cancelling a conservation measure for
                      a Wildlife species within the Wildlife
                      Harvest Area
         BC   FLNRO   if considering establishing, varying or    mandatory
              ENV     cancelling a conservation measure,
                      must take into account the matters set
                      out in 11.6.2a. through 11.6.2d.

10.6.3   BC   FLNRO   must use reasonable efforts to             mandatory
              ENV     minimize the impact of a conservation
                      measure on the FN Right to Harvest
                      Wildlife
         BC   FLNRO   if reasonable efforts have been made,      permissive
              ENV     may approve the establishment,
                      variance or cancellation of the
                      conservation measure
10.6.4   BC   FLNRO   must provide FN a copy of an approved      mandatory
              ENV     conservation measure for a Wildlife
                      species within the Wildlife Harvest
                      Area
         FN           may request the Minister provide           permissive
                      written reasons for the adoption of that
                      conservation measure



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                                                                               CHAPTER 11 - WILDLIFE

         BC    FLNRO   if requested, must provide written         mandatory
               ENV     reasons for the conservation measure
10.6.5   BC    ARR     must negotiate and attempt to reach        mandatory
         FN    FLNRO   agreement on Wildlife Allocations for
                       Designated Wildlife Species
10.6.6   BC    ARR     if agreement not reached, must proceed     mandatory
         FN    FLNRO   to the Arbitration process set out in
                       Chapter 25 Dispute Resolution
10.6.7   BC    ARR     must ensure the arbitrator is aware of     mandatory
         FN    FLNRO   the requirement to take into account all
                       relevant information presented by FN
                       and BC in determining the Allocation

10.7.0
10.7.1   FN            may participate in public Wildlife      permissive
                       advisory committees relating to the
                       Wildlife Harvest Area
         BC    FLNRO   must allow FN to participate in public mandatory
                       Wildlife advisory committees related to
                       the Wildlife Harvest Area

10.7.2   BC    FLNRO   may request input from a public            permissive
                       Wildlife advisory committee before
                       making a determination on the
                       establishment or continuation of a
                       conservation measure
10.8.0
10.8.1   FN            may Trade and Barter as set out in      permissive
                       11.8.1
10.8.2   FN            FN Citizens may exercise the right to   permissive
                       Trade and Barter except as otherwise
                       provided in under FN Law
10.8.3   CDA           must acknowledge that the right to      mandatory
         BC            Trade and Barter does not include sale,
         FN            and Traded and Bartered Wildlife or
                       Wildlife part may not be sold

10.8.4   FN            must not Dispose of the right to Trade     mandatory
                       and Barter



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                                                                              CHAPTER 11 - WILDLIFE

10.8.5    FN            must not sell Wildlife or Wildlife parts mandatory
                        unless permitted by Federal or
                        Provincial Law
          CDA           may create laws permitting FN to sell    permissive
          BC    ENV     Wildlife or Wildlife parts
          FN            if permitted under Federal or Provincial permissive
                        Law, may sell Wildlife or Wildlife parts
                        harvested under an FN Right to Harvest
                        Wildlife
10.9.0
10.9.1    FN            may transport Wildlife or Wildlife     permissive
                        parts in accordance with Federal and
                        Provincial Law
10.9.2    FN            must comply with Federal or Provincial mandatory
                        Law for the export of Wildlife or
                        Wildlife parts
10.10.0
10.10.1   CDA   ARR     may negotiate agreements for the        permissive
          BC    ENV     enforcement of Wildlife laws
          MFN   FLNRO
                JAG
          CDA   ARR     may negotiate terms of an agreement as permissive
          BC    ENV     each Party considers appropriate
          MFN   FLNRO
                JAG
          CDA   ARR     must record all terms of agreement in   mandatory
          BC    ENV     writing and obtain appropriate
          MFN   FLNRO   signatures
                JAG
10.10.2   CDA           must acknowledge that any agreement mandatory
          BC            contemplated under 11.10.1 does not
          FN            form part of the Final Agreement, and is
                        not a treaty or land claims agreement
                        or an affirmation of any aboriginal or
                        treaty rights

10.11.0




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                                                                                CHAPTER 11 - WILDLIFE

10.11.1   BC   FLNRO   must allow registered trap line holders mandatory
          FN           to retain, transfer or renew traplines as
                       provided by Provincial Law

          FN           may transfer or renew trap lines in         permissive
                       accordance with Provincial Law
10.11.2   FN           must allow registered trap line holders     mandatory
                       and individuals authorized by the trap
                       line holders reasonable access to FN
                       Public Lands to trap within registered
                       trap line area
          FN           may require individuals to produce          permissive
                       evidence of written permission as set
                       out in 11.11.2
10.11.3   BC   FLNRO   may determine whether to register a         permissive
                       new trap line that includes FN Lands
          BC   FLNRO   if yes, must seek consent from FN           mandatory
          FN           may consent to registering of trap line     permissive
                       as set out in 11.11.3
          BC   FLNRO   if FN consent received, may register        permissive
                       trap line if other requirements of
                       provincial law/policy are met
          BC   FLNRO   if FN consent not received, must not        mandatory
                       register trap line
10.11.4   FN           may reach agreement with registered         permissive
                       trap line holder to transfer trap line
          FN           if agreement reached, may request BC
                       register the trap line in the name of FN
          BC   FLNRO   if requested and the registered trap line   mandatory
                       owner agrees, must register the trap
                       line in the name of FN
10.12.0
10.12.1   BC   FLNRO   must allow guide outfitter certificate   mandatory
          FN           holders to retain, transfer or renew
                       guide outfitter certificates as provided
                       by Provincial Law
          FN           may transfer or renew guide outfitter    permissive
                       certificates in accordance with
                       Provincial Law




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                                                                               CHAPTER 11 - WILDLIFE

10.12.2   FN           must allow reasonable access to FN         mandatory
                       Public Lands to those set out in 11.12.2
                       to carry out guiding activities
10.12.3   BC   FLNRO   may determine whether to grant the         permissive
                       privilege of guiding for game on land
                       that includes FN Lands
          BC   FLNRO   if yes, must seek consent from FN          mandatory
          FN           may consent to granting the privilege of   permissive
                       guiding for game on a portion of FN
                       Land as set out in 11.12.3
          BC   FLNRO   if FN consent received, may grant the      permissive
                       privilege of guiding for game if other
                       requirements of provincial law/policy
                       are met
          BC   FLNRO   if FN consent not received, must not       mandatory
                       grant the privilege of guiding for game
                       as set out in 11.12.3
10.12.4   BC   FLNRO   may determine whether to grant the         permissive
                       privilege of guiding for game on land
                       that includes FN Lands
          BC   FLNRO   if yes, must seek consent from FN          mandatory
          FN           may consent to granting the privilege of   permissive
                       guiding for game on a portion of FN
                       Land as set out in 11.12.3
          BC   FLNRO   if FN consent received, may grant the      mandatory
                       privilege of guiding for game if other
                       requirements of provincial law/policy
                       are met
          BC   FLNRO   if FN consent not received, must not       mandatory
                       grant the privilege of guiding for game
                       as set out in 11.12.4
10.12.5   BC   FLNRO   must allow angling guide licence           mandatory
          FN           holders to retain, transfer or renew
                       guide outfitter certificates as provided
                       by Provincial Law
          FN           may transfer or renew angling guide        permissive
                       licences in accordance with Provincial
                       Law




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                                                                                CHAPTER 11 - WILDLIFE

10.12.6   FN            must allow reasonable access to FN         mandatory
                        Public Lands to those set out in 11.12.6
                        to carry out guiding activities
10.12.7   BC    FLNRO   may determine whether to issue a new       permissive
                        angling guide licence that includes FN
                        Lands
          BC    FLNRO   If yes, must seek consent from the         mandatory
                        applicable FN
          BC    FLNRO   if FN consent received, may issue a new    mandatory
                        angling guide licence
          BC    FLNRO   if FN consent not received, must not       mandatory
                        issue an angling guide licence as set
                        out in 11.12.7
18.0
18.1.0
18.1.1    CDA   AANDC   must adjust the Capital Transfer       mandatory
          BC    ARR     Payment Plan according to the notes in
                        Schedule 19-A
          CDA   AANDC   must complete internal processes to    mandatory
          BC    ARR     prepare for financing payments
          FN            must set up bank accounts to receive mandatory
                        Capital Transfer Payments, and inform
                        Canada of banking information and
                        requirements for transfers

          CDA   AANDC   must make payments to FN on the dates mandatory
          BC    ARR     specified in Schedule 19-A
18.2.0
18.2.1    CDA   AANDC   must complete internal processes to
                        prepare for financing payments
          FN            must set up bank accounts to receive
                        Capital Transfer Payments, and inform
                        Canada of banking information and
                        requirements for transfers

          CDA   AANDC   must make payments to FN on the dates
                        specified in Schedule 19-A
18.2.2    BC    ARR     must complete internal processes to
                        prepare for financing payments in
                        accordance with the FFA


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                                                                             CHAPTER 11 - WILDLIFE

         FN            must set up bank accounts to receive
                       Capital Transfer Payments, and inform
                       Canada of banking information and
                       requirements for transfers

         BC    ARR     must make economic development
                       payments to FN in accordance with the
                       FFA
18.3.0
18.3.1   CDA   AANDC   must adjust the Negotiation Loan         mandatory
         FN            Repayment Plan amounts according to
                       the notes to Schedule 19-B
         FN            must set up bank accounts to make        mandatory
                       loan repayments to Canada
         FN            must advise CDA of FN negotiation loan   mandatory
                       repayment intentions
         FN            must make payments to Canada             mandatory
                       according to the Negotiation Loan
                       Repayment Plan
18.3.2   CDA   AANDC   may set off and deduct from a Capital    permissive
                       Transfer Payment the amount of a
                       negotiation loan payment
         CDA   AANDC   must determine whether notice of         mandatory
                       prepayment has been received in
                       accordance with 19.3.1
         CDA   AANDC   If not, must set off and deduct the      mandatory
                       amount of the negotiation loan
                       repayment in accordance with Schedule
                       19-B




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