14. (6) This Agreement provides the Inuvialuit with certain harvesting rights to wildlife in the Western Arctic Region. The exercise of the Inuvialuit rights to harvest is subject to laws of general application respecting public safety and conservation. Nothing in this section gives the Inuvialuit a proprietary interest in any wildlife. Subject to the qualifications set out in subsections (15) to (18), these harvesting rights include:

(a) the preferential right to harvest all species of wildlife, except migratory non-game birds and migratory insectivorous birds, for subsistence usage throughout the Western Arctic Region;

(b) the exclusive right to harvest furbearers, including black and grizzly bears, throughout the Western Arctic Region;

(c) the exclusive right to harvest polar bear and muskox throughout the Western Arctic Region; and

(d) the exclusive right to harvest game on Inuvialuit lands and, if agreed on, other areas.

14. (7) Where harvesting rights are extended to other native peoples pursuant to subsections (15) to (18), their requirements as to subsistence usage shall be taken into account when setting subsistence quotas and the subsistence quotas and subsistence requirements of ail the native peoples shall be accommodated within conservation limits.

14. (8) Where, in the exercise of their exclusive right to harvest referred to in paragraphs (6)(b), (c) and (d), the Inuvialuit permit persons other than natives to harvest, harvesting by those persons shall be subject to the laws of general application.

14. (9) Where, in the exercise of their harvesting rights, the Inuvialuit permit native beneficiaries of adjacent land claims settlements to harvest wildlife within the Western Arctic Region, those beneficiaries shall be treated on the same basis as the Inuvialuit, subject only to providing reasonable notice to the Government of the Northwest Territories.

14. (10) For greater certainty, the Inuvialuit shall derive no gain or profit from the granting of permission to non-Inuvialuit to harvest furbearers, except where it is part of a reciprocal arrangement with beneficiaries of adjacent land claims settlements.

14. (11) Subject to the Migratory Birds Convention Act and any regulations thereunder, the Inuvialuit may sell the non-edible products of legally harvested game.

14. (12) Subject to the Migratory Birds Convention Act and regulations thereunder, the Inuvialuit may sell, trade and barter game among Inuvialuit beneficiaries.

14. (13) Where native beneficiaries of adjacent land claims settlements acquire rights to game resources within the Western Arctic Region on the basis of traditional use and occupancy, those beneficiaries shall be permitted to exchange game products with the Inuvialuit on the same basis as that provided for the Inuvialuit under this Agreement. Where, in the final settlement of the land claims of adjacent native groups, provision is made for the exchange of game products with the Inuvialuit, the right of the Inuvialuit to exchange amongst themselves shall be extended to those other native beneficiaries.

As amended by P.C. 1987-26, January 15, 1987

14. (14) Between the date of the execution of this Agreement and the coming into force of the Settlement Legislation, governments, including the Governments of the Yukon Territory and Northwest Territories, shall consult with COPE when proposing any legislative or administrative change with respect to the harvesting of wildlife, and shall endeavour to respect the views, positions and recommendations of COPE on any matter respecting the harvesting of wildlife by the Inuvialuit. Canada agrees that, during this period, the status quo will be maintained in respect of wildlife legislation and regulations, to the extent necessary to ensure that the rights in respect of wildlife that the Inuvialuit receive pursuant to the Settlement, and in particular those provided by sections 12 and this section, are not prejudiced.

14. (15) As provided in subsection 3(10), agreements may be entered into with native groups in adjacent land claims areas respecting harvesting and wildlife management, such as the agreement set out as an example in Annex S.

14. (16) It is acknowledged that Canada may, through settlements, provide harvesting rights for other native peoples to certain species of wildlife in the Inuvialuit Settlement Region, but any such rights shall be limited to species and areas traditionally used by such other native peoples. The interests of the Inuvialuit shall be protected by making the exercise of any such rights in the Inuvialuit Settlement Region subject to the same conditions that apply to the Inuvialuit and subject to the condition that such other native peoples provide the Inuvialuit, in the regions of those other native peoples, with reciprocal harvesting rights to species and in areas traditionally harvested by the Inuvialuit.

14. (17) Native persons who are not eligible to be enrolled in the Inuvialuit Land Rights Settlement but who can demonstrate that, at the time of this Agreement, they have traditionally harvested and currently harvest certain wildlife species within certain areas of the Inuvialuit Settlement Region, may continue to harvest such wildlife within those areas on the same basis as the Inuvialuit if the same privilege is extended by those other native people to Inuvialuit persons in areas outside the Inuvialuit Settlement Region.

14. (18) Persons holding a General Hunting Licence as of the date of execution of this Agreement who, reside in or near the Western Arctic Region, who are not eligible to be enrolled in the Inuvialuit Settlement and who can demonstrate that they have, on a regular basis, hunted caribou on Inuvialuit lands for their personal consumption shall be guaranteed access to those lands by the Inuvialuit to harvest caribou for that purpose. For greater certainty, such access shall be subject to the preferential right of the Inuvialuit to harvest for subsistence usage set out in paragraph (6)(a).

14. (19) It is agreed that the Wildlife Management Advisory Council (NWT) established by subsection (45) and the Fisheries Joint Management Committee established by subsection (61), shall, within their respective jurisdictions, serve as the mechanisms to facilitate the distribution of the harvest limits or the harvest for subsistence purposes among all the native peoples living in the vicinity of the Inuvialuit Settlement Region who traditionally depend on a common wildlife resource for food and clothing.

As amended by P.C. 1987-26, January 15, 1987

14. (20) Canada agrees to take all reasonable steps to ensure, by means of the agreements referred to in subsection (39), that all native peoples who traditionally harvest caribou from a specific herd are able to obtain an equitable share of caribou for food.

14. (21) Subject to this Agreement, the harvesting rights of a person holding a General Hunting Licence who resides in or near the Western Arctic Region shall not be prejudicially affected.

14. (22) For greater certainty, the Inuvialuit shall continue to have the right to qualify outside the Western Arctic Region for a General Hunting Licence under the Territorial Game Ordinance, R.O.N.W.T. 1974, C.G-1, until such Licence is superseded by the settlement of other native claims. 

14. (23) The provisions of subsections 12(36) and (37) and 12(39) and (40) apply, with such modifications as the circumstances require, to harvesting of wildlife under this section.

As amended by P.C. 1987-26, January 15, 1987