SECWEPEMC TERRITORY MOREL HARVEST PERMIT

TERMS & CONDITIONS

In these Terms & Conditions the “Secwepemc Communities” means, collectively, the following Indian Act bands and their associated legal entities: Skeetchestn Indian Band (Skeetchestn Natural Resources LLP), Bonaparte Indian Band, Ts’kw’aylaxw First Nation[1](Ts’kw’aylaxw Forestry Ltd., Marble Canyon Forestry Ltd. Sky Blue Water Resort), High Bar First Nation (Cougar Point Development Corp., High Bar Resources and Development LLP), Whispering Pines/Clinton Indian Band and Tk’emlups te Secwepemc (Kamloops Indian Band Development Corp., Mount Paul Centre, Kamloops Indian Band Utility Corp., Tk’emlups Forestry Development Corp., Tk’emlups Limited Forestry Corp., Spiyu7ullucw Ranch). [1] Affiliated with Lillooet Tribal Council

In consideration of the Secwepemc Communities allowing the applicant (the “Permittee”) listed on the Elephant Hill Fire Morel Harvest Permit Application to which these Terms & Conditions are attached (the “Application” and collectively the “Permit”) performing the Activities (as defined below), allowing the Permittee temporary access to the Elephant Hill Fire Area which lies entirely in the Secwepemc Territory as is shown on the Elephant Hill Fire Map Package (the “Map”) attached to this Permit for such purpose, providing the Permittee with sanitation services, and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the Permittee agrees as follows.

A. RELEASE, INDEMNITY AND PROMISE NOT TO SUE

1. The Release, Indemnity and Promise Not to Sue set out in this section “A” apply to all Permittees regardless of whether they are authorized as a Buyer or a Harvester on the Application.

2. Permittee accepts full responsibility for any activity authorized under this Permit (the “Activities”) and RELEASES AND FOREVER DISCHARGES the Secwepemc Communities: Skeetchestn Indian Band (Skeetchestn Natural Resources LLP), Bonaparte Indian Band, Ts’kw’aylaxw First Nation (Ts’kw’aylaxw Forestry Ltd., Marble Canyon Forestry Ltd. Sky Blue Water Resort), High Bar First Nation (Cougar Point Development Corp., High Bar Resources and Development LLP), Whispering Pines/Clinton Indian Band and Tk’emlups te Secwepemc (Kamloops Indian Band Development Corp., Mount Paul Centre, Kamloops Indian Band Utility Corp., Tk’emlups Forestry Development Corp., Tk’emlups Limited Forestry Corp., Spiyu7ullucw Ranch) and their respective Councillors, directors, officers, employees and agents (the “Protected Parties”) from any and all liability for any loss, damage, expense, claim or injury of any nature or kind arising out of or in connection with the Activities.

3. Permittee will INDEMNIFY, DEFEND AND SAVE HARMLESS the Protected Parties from all liability, damages, costs, expenses and claims of any kind arising out of or in connection with the Activities.

4. Permittee agrees that he/she WILL NOT TAKE OR CONTINUE ANY LEGAL ACTION AGAINST ANY PERSON in respect of anything released or indemnified under this Permit that may result in a claim or proceeding against any of the Protected Parties. If any such claim or proceeding exists, then the Permittee will DISCONTINUE OR ABANDON such claim or proceeding immediately.

 

B. GENERAL TERMS AND CONDITIONS

5. The General Terms and Conditions set out in this section “B” apply to all Permittees regardless of whether they are authorized as a Buyer or a Harvester on the Application.

6. Permittee must obey all applicable laws and regulations, including Secwepemc, federal, provincial, and local laws regarding fire prevention and control, or any other matter.

7. Permittee must ensure that any campfire is safely and responsibly conducted and extinguished in accordance with the Wildfire

Regulation, BC Reg 38/2005. Permittee shall not burn garbage and materials containing nails, staples, other sharp objects or non-

combustible items such as glass, foil or cans.

8. This Permit must be in the Permittee's vehicle that he/she is operating from and clearly displayed on dash.

9. Permittee shall not cause any motorized vehicles to travel off existing roads that are open to the public. Permittee parking shall not block traffic or impede fire or emergency vehicles.

10. Permittee shall remove all trash and litter resulting from the Activities.

11. Permittee shall not damage vegetation, put nails in trees, cut live trees, or cause any other disturbance to the natural environment.

12. Permittee shall pay for or repair all damage to natural features; riparian areas; other vegetation; and roads, trails, fences, ditches, telephone lines, or other natural (living) and industrial infrastructure resulting from the Activities.

13. The Secwepemc Communities reserves the right to unilaterally revoke this Permit for Permittee's non-compliance with its terms and conditions or when revocation is in the public's interest.

14. This Permit will terminate at midnight on the Permit End Date indicated on the Application (the “Permit End Date”).

15. Permittee shall pack all garbage, food, etc. out of the woods and dispose refuse in approved receptacles. Permittee must store all food and bear attractants inside bear proof containers or in a secure vehicle at all times.

16. In the event of a missing person in the Secwepemc Territory, the Permittee must cease all harvesting and field work until the missing person has been located, in order to prevent disruption of search and rescue efforts.

17. Only those Permittees who are authorized as a Buyer on the Application may buy from Harvesters and remove morel mushrooms from the Elephant Hill Fire Area.

18. Only those Permittees who are authorized as a Harvester on the Application may harvest and remove morel mushrooms from the Elephant Hill Fire Area.

19. Only those Permittees who are authorized to camp within Secwepemc Territory on the Application may camp within Secwepemc Territory. When traveling to, from or in the Elephant Hill Fire Area the Permittee must use ashtrays to extinguish cigarettes and must only dispose of extinguished cigarettes in approved receptacles.

21. Subject to sections 39 and 40 of this Permit, Permittee shall ensure that all human waste is disposed of at least 300 feet from any stream, lake, or other body of water or any recreational site, facility, or special use permit area and is buried at least eight (8) inches deep.

22. In the event that the Permittee discovers any archaeological material, site or anything else that may be of archaeological significance (the “Archaeological Discovery”) the Permittee agrees to:

(a) take all reasonable steps and precautions to minimize the disturbance of the Archaeological Discovery;

(b) take all reasonable steps to safeguard the Archaeological Discovery from damage or further disturbance; and

(c) immediately notify the nearest Band Office of the Secwepemc Communities as to the location of the Archaeological Discovery.

23. Permittee agrees to adhere to the Mushroom Harvesting Best Practices attached to this Permit.

24. None of the terms or conditions of this Permit may be varied or modified, except for unilateral modifications by the Secwepemc Communities. Notice of any such modifications will be posted in a conspicuous area within the Elephant Hill Fire Area and mailed to the Permittee at the address provided on the Application.

25. All Permittees must be 18 years of age or older and persons under the age of 18 must be accompanied by a legal guardian and a Permittee.

26. This Permit is non-transferable.

27. Violations of conditions of this Permit can result in the cancellation of Permit and/or legal action.

 

C. BUYER TERMS AND CONDITIONS

28. The Buyer Terms and Conditions in this section “C” apply only to those Permittees who are authorized as a Buyer on the Application.

29. Subject to, and in strict compliance with, this Permit, the Permittee is hereby authorized to buy from Harvesters and remove morel mushrooms from the Elephant Hill Fire Area which lies entirely in the Secwepemc Territory and is shown on the Map.

30. Permittee Buying Stations must be located within the designated Buying Station Area(s) detailed on the Map.

31. Permittee must only buy from Harvesters within the designated Buying Station Area(s).

 

D. HARVESTER TERMS AND CONDITIONS

32. The Harvester Terms and Conditions in this section “D” apply only to those Permittees who are authorized as a Harvester on the Application.

33. Subject to, and in strict compliance with, this Permit, the Permittee is hereby authorized to harvest and remove morel mushrooms from the Elephant Hill Fire Area which lies entirely in the Secwepemc Territory and is shown on the Map.

34. The Permittee must not rake or otherwise disturb the ground when harvesting and conducting field work.

35. The Permittee must have a navigational tool while harvesting and conducting field work. A navigational tool is a GPS unit, or smartphone/tablet, or map and compass.

36. Harvesting and conducting field work is permitted only in the area(s) indicated on the Map.

 

E. CAMPING TERMS AND CONDITIONS

37. The Camping Terms and Conditions in this section “E” apply only to Permittees who are authorized to camp within the Secwepemc Territory on the Application.

38. Permittee is hereby authorized to camp within the Designated Campsites detailed on the Map.

39. While at Designated Campsites the Permittee shall ensure that all human waste is disposed of using the portable toilets provided, unless the Permittee has a self-contained toilet.

40. If the Permittee has a self-contained toilet, their contents must be properly disposed of off the Secwepemc Territory at an approved location in accordance with applicable health standards.

41. All campsites must be kept in a clean and orderly condition.

42. Permittee may camp on the Secwepemc Territory up to the Permit End Date and Permittee agrees to a campsite inspection at Permit End Date.