D-13.1 - Act respecting hunting and fishing rights in the James Bay and New Québec territories

Section 15.1 Disposition versions

1979-08-15

15.1. In the areas contemplated in section 11 and indicated in Schedule 6, the Naskapis may exercise the right to harvest caribou without being subject to the supervision of the Cree tallyman concerned.

When he exercises such a right in respect of caribou, a Naskapi, only to feed himself in the case of need, may exercise

(a)  the right to harvest fur-bearers; however, that right involves, in the case of beaver, the obligation to remit the pelt to the Cree tallyman concerned as soon as possible or, if not, to remit the pelt to the council of the Cree band of which the Cree tallyman is a member;

(b)  the right, included in the right to harvest, to hunt black bear and moose;

(c)  the right to harvest fish and birds, except the right to establish commercial fisheries.

No black bear, moose, fur-bearer, fish or bird hunted, fished, trapped, captured or killed in the exercise of the right to harvest contemplated in this section may in any case be the object of quotas allocated to the Naskapis, but is included in the calculation of the portion of the global kill allocated to them.

The exercise of the right to harvest caribou contemplated in this section is also subject to the following provisions:

in establishing the kill for caribou allocated to the Naskapis in the areas contemplated in this section and established in conformity with section 78 or in applying any other measure of wildlife management provided for in this Act, the Coordinating Committee or the Minister shall take into account the availability of wildlife resources elsewhere than in the areas contemplated in this section and shall adhere to and take into account the guaranteed levels of harvesting of which the Crees are assured under Chapter XIII.

1979, c. 25, s. 61.