quote:Originally posted by hotrod
What about Indians who are not Canadians? If you all are into upholding the defacto Douglas treaties then you better take a look at the Royal Proclamation of 1763, which incidentally is upheld in the 1982 Constitution section 25(a). You see there are agreements in place already!
From my understanding what you just said is correct except the following?
quote:Not all Nisga Indians signed the treaty! Those who truly own the land will have the final authority. Can anyone here produce a deed to the land that shows the bankrupt state of Canada bought it? Just a few things to make you guys think!
I am not sure that is quite correct? If I am not mistaken the last step needed to give legal effect to the Treaty took place on April 13, 2000, when Parliament passed the Nisga'a Final Agreement Act, which was ratified by all the tribes, or am I missing something?
http://www.ainc-inac.gc.ca/ai/mr/is/nit-eng.asp
FYI, this is "part" of the agreement there is more, but as you were speaking of salmon? The current treaty pretty much spell the fish entitlements out. You should take the time to read it? The whole treaty is here:
http://www.gov.bc.ca/arr/firstnation/nisgaa/chapters/fisheries.html
GENERAL
Nisga'a Fish Entitlements
1. Nisga'a citizens have the right to harvest fish and aquatic plants in accordance with this Agreement, subject to:
a. measures that are necessary for conservation; and
b. legislation enacted for the purposes of public health or public safety.
2. Notwithstanding that Nisga'a fish entitlements are treaty rights, a Nisga'a fish allocation that is set out as a percentage of the total allowable catch has the same priority in fisheries management decisions as the remainder of the total allowable catch of that species harvested in recreational and commercial fisheries.
3. This Agreement is not intended to alter federal and provincial laws of general application in respect of property in fish or aquatic plants.
4. Nisga'a fish entitlements are held by the Nisga'a Nation.
5. The Nisga'a Nation may not dispose of Nisga'a fish entitlements.
6. Nisga'a Lisims Government may authorize persons other than Nisga'a citizens to harvest fish or aquatic plants in Nisga'a fisheries, in accordance with this Agreement, the Harvest Agreement and Nisga'a annual fishing plans. This authority is not intended to alter the application of federal and provincial laws of general application in respect of foreign fishing vessels in Canadian waters.
Licences, Fees, Charges, and Royalties
7. Canada and British Columbia will not require the Nisga'a Nation, Nisga'a Villages, Nisga'a Institutions, Nisga'a Corporations, Nisga'a citizens, or other persons authorized by Nisga'a Lisims Government to harvest fish or aquatic plants under this Agreement:
a. to have federal or provincial licences; or
b. to pay fees, charges, or royalties
in respect of the harvest for domestic purposes of fish or aquatic plants under this Agreement. This paragraph does not restrict Canada's ability to require licences for the use and possession of firearms under federal laws on the same basis as applies to other aboriginal people of Canada.
8. Persons who sell fish harvested under this Agreement are subject to fees and charges applied to commercial harvesters in respect of the sale of fish or aquatic plants except to the extent that Nisga'a Lisims Government, a Nisga'a Institution, or a Nisga'a Corporation funds or performs the activities for which those fees and charges are levied.
Trade and Barter
9. Subject to Nisga'a laws, Nisga'a citizens have the right to trade or barter among themselves or with other aboriginal people any fish and aquatic plants harvested in Nisga'a fisheries.
Harvesting Under Other Laws and Agreements
10. This Agreement does not preclude Nisga'a Institutions, Nisga'a Corporations, or Nisga'a citizens from harvesting fish and aquatic plants throughout Canada in accordance with:
a. federal and provincial laws;
b. any agreements that are in accordance with laws of general application between the Nisga'a Nation, a Nisga'a Village, a Nisga'a Institution, or a Nisga'a Corporation, on the one hand, and other aboriginal people on the other; or
c. any arrangements between other aboriginal people and Canada or British Columbia.
SALMON
Nisga'a Salmon Allocations
11. In every year in which it is necessary for conservation, the Minister will determine a minimum escapement level for one or more species of Nass salmon.
12. The Minister will not permit any directed harvests of a species of Nass salmon in any year if:
a. there is a minimum escapement level for that species of Nass salmon; and
b. the number of that species of Nass salmon returning to Canadian waters, less incidental harvests, is less than or equal to the minimum escapement level for that species.
13. In any year:
a. if the Minister has not determined a minimum escapement level for a species of Nass salmon; or
b. if the number of a species of Nass salmon returning to Canadian waters, less incidental harvests, is greater than the minimum escapement level determined by the Minister for that species
the amount of that species that the Nisga'a Nation is entitled to harvest will be determined in accordance with Schedule A and paragraph 16.
14. The amount of each species of Nass salmon in the Nisga'a fish allocations set out in Schedule A varies with the size of the total run of that species returning to Canadian waters in each year, as set out in Schedule A.
Overages and Underages
15. Following the fishing season in each year, the Minister and Nisga'a Lisims Government will conduct an accounting of that year's harvest of Nass salmon, in accordance with Schedule B.
16. If there is an overage or underage of a species of Nass salmon in any year, the amount of that species of Nass salmon to be harvested in Nisga'a fisheries will be adjusted in subsequent years, in accordance with Schedule B.
17. In every year the Minister will manage all Canadian fisheries that harvest Nass salmon in order to minimize overharvests of each species of Nass salmon.
18. The Minister and Nisga'a Lisims Government will endeavour to minimize any overages or underages in each year and to minimize the accumulation of overages and underages in successive years.
Adjustment of Species Composition
19. In any year the Minister and Nisga'a Lisims Government may agree to adjust the species composition of the Nisga'a harvest for that year in accordance with the system of equivalencies set out in Schedule C.
20. If a proposed Nisga'a annual fishing plan includes an adjustment under paragraph 19 that will affect a species or fishery under the management authority of the other Party, the Minister and Nisga'a Lisims Government will consult with the other Party's representatives on the Joint Fisheries Management Committee, and will notify those representatives of any in-season adjustments.
Harvest Agreement
21. On the effective date, the Parties will enter into a Harvest Agreement pursuant to paragraph 22. The Harvest Agreement does not form part of this Agreement.
22. The Harvest Agreement will:
a. include Nisga'a fish allocations equivalent to:
i. 13% of each year's adjusted total allowable catch for Nass sockeye salmon, and
ii. 15% of each year's adjusted total allowable catch for Nass pink salmon;
b. be for a term of 25 years and be replaceable at the discretion of the Nisga'a Nation every 15 years for a further 25 years;
c. include provisions for the harvest and disposition of fish, determination of overages and underages, harvest monitoring, and fisheries management that are consistent with the similar provisions set out in this Agreement; and
d. include a dispute resolution process and a requirement for fair compensation if the Harvest Agreement is breached by terminating or reducing the Nisga'a fish allocations pursuant to subparagraph (a).
23. The Harvest Agreement will be established under federal and provincial settlement legislation.
24. The Harvest Agreement is not intended to be a treaty or land claims agreement, and it is not intended to recognize or affirm aboriginal or treaty rights, within the meaning of sections 25 or 35 of the Constitution Act, 1982.
25. The Minister will implement the Harvest Agreement by:
a. issuing licences to Nisga'a Lisims Government; or
b. other means under federal or provincial laws.
26. Fisheries under the Harvest Agreement have the same priority as commercial and recreational fisheries in fisheries management decisions made by the Minister.
27. Fish harvested under the Harvest Agreement may be sold in accordance with the Harvest Agreement.
Harvest of Surplus Nass Salmon
28. In any year, the Minister may determine whether there is a surplus of a species of Nass salmon, and the size of that surplus.
29. The Joint Fisheries Management Committee may:
a. recommend to the Minister procedures for the identification of a surplus and terms and conditions for the harvest of the surplus; and
b. provide advice to the Minister in respect of the size of the surplus.
30. The Minister may permit Nisga'a Lisims Government to harvest some or all of the surplus Nass salmon on reaching agreement with Nisga'a Lisims Government in respect of:
a. the terms and conditions of the harvest; and
b. whether all or part of the harvest will be included in the determination of overages and underages.
Disposition of Salmon Harvests
31. Subject to paragraph 33, the Nisga'a Nation, and its agents, contractors, and licensees authorized by Nisga'a Lisims Government, have the right to sell Nass salmon harvested under this Agreement.
32. For greater certainty, in accordance with paragraph 13 of the General Provisions Chapter, federal and provincial laws of general application pertaining to the sale of fish, in respect of commercial transactions, health and safety, transport, inspection, processing, packaging, storage, export, quality control, and labelling of fish, apply to the sale of all Nass salmon harvested in Nisga'a fisheries.
33. If, in any year, there are no directed harvests in Canadian commercial or recreational fisheries of a species of Nass salmon, sale of that species of Nass salmon harvested in directed harvests of that species in that year's Nisga'a fisheries will not be permitted.
ENHANCEMENT
34. Nisga'a Lisims Government may conduct enhancement initiatives for Nass salmon or Nass steelhead only with the approval of the Minister. This approval will include provisions in respect of the determination of surpluses resulting from an approved enhancement initiative. The Joint Fisheries Management Committee may make recommendations in respect of those initiatives and provisions.
35. In any year, the portion of the return to Canadian waters of chinook, coho, or chum salmon that can be identified as resulting from approved Nisga'a enhancement initiatives in the Nass Area will be excluded from the determination of the Nisga'a fish allocations under paragraph 13 for that year. The Nisga'a fish allocations of these fish are 21% of the chinook, 8% of the coho and 8% of the chum salmon, subject to measures that are necessary for conservation for non-enhanced Nass salmon and non-enhanced Nass steelhead stocks.
36. The Nisga'a Nation has the right to harvest surplus Nass salmon that result from an approved Nisga'a enhancement initiative, in the same proportion as the Nisga'a contribution to the total cost of the initiative. These harvests are not subject to paragraph 16 and are in addition to the Nisga'a fish allocations under paragraph 13 and 35 and the Harvest Agreement.
37. Notwithstanding paragraphs 13, 16, 35, and 36, the Minister and Nisga'a Lisims Government may negotiate agreements in respect of the Nisga'a harvests of Nass salmon or Nass steelhead that result from Nisga'a enhancement initiatives.