Common use of LIMITATION OF THE HARVEST Clause in Contracts

LIMITATION OF THE HARVEST. 12.5.1 The Board may limit the quantity of the harvest by the Gwich’in in accordance with the procedure set out in 12.5. 12.5.2 The Board may, in accordance with this chapter, establish, modify or remove total allowable harvest levels from time to time in the settlement area but shall establish or modify such levels only if required for conservation and to the extent necessary to achieve conservation. Unless a total allowable harvest is established, the quantity of the harvest by the Gwich’in may not be limited. 12.5.3 Where a total allowable harvest has been established, the Board shall allocate for the Gwich’in a portion or all of the total allowable harvest, hereinafter called the “Gwich’in Needs Level”. When the Gwich’in Needs Level equals or is less than the total allowable harvest it shall constitute a first demand on the total allowable harvest. When the Gwich’in Needs Level is greater than the total allowable harvest, the Gwich’in shall be allocated not more than the total allowable harvest. 12.5.4 The Board may establish the total allowable harvest and the Gwich’in Needs Level for a particular wildlife species or population applicable to the settlement area as a whole, or to particular areas or communities. The Board may adjust the Gwich’in Needs Level from time to time. 12.5.5 When establishing and adjusting a Gwich’in Needs Level, the Board shall consult with Renewable Resources Councils and shall consider all relevant factors including in particular: (a) the usage patterns and levels of past harvests by the Gwich’in; (b) personal consumption needs of the Gwich’in, including their nutritional, clothing and cultural needs and fish for their dogs; (c) trade among the Gwich’in to meet their needs described in (b); and (d) the availability of various wildlife species and populations to meet these needs.

LIMITATION OF THE HARVEST. 12.5.1 13.5.1 The Board may limit the quantity of the harvest by the Gwich’in participants in accordance with the procedure set out in 12.513.5. 12.5.2 13.5.2 The Board may, in accordance with this chapter, establish, modify or remove total allowable harvest levels from time to time in the settlement area but shall establish or modify such levels only if required for conservation and to the extent necessary to achieve conservation. Unless a total allowable harvest is established, the quantity of the harvest by the Gwich’in participants may not be limited. 12.5.3 13.5.3 Where a total allowable harvest has been established, the Board shall allocate for the Gwich’in participants a portion or all of the total allowable harvest, hereinafter called the “Gwich’in "Sahtu Needs Level”". When the Gwich’in Sahtu Needs Level equals or is less than the total allowable harvest it shall constitute a first demand on the total allowable harvest. When the Gwich’in Sahtu Needs Level is greater than the total allowable harvest, the Gwich’in participants shall be allocated not more than the total allowable harvest. 12.5.4 13.5.4 The Board may establish the total allowable harvest and the Gwich’in a Sahtu Needs Level for a particular wildlife species or population applicable to the settlement area as a whole, or to particular areas or communities. The Board may adjust the Gwich’in such Sahtu Needs Level from time to time. 12.5.5 13.5.5 When establishing and adjusting a Gwich’in Sahtu Needs Level, the Board shall consult with Renewable Resources Councils and shall consider all relevant factors including in particular: (a) the usage patterns and levels of past harvests by the Gwich’inparticipants; (b) personal consumption needs of the Gwich’inparticipants, including their nutritional, clothing and cultural needs and fish for their dogs; (c) trade among the Gwich’in participants to meet their needs described in (b); and (d) the availability of various wildlife species and populations to meet these needs.