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Horseshoe Slough Habitat Protection Area
Appendix 1

1.0 Establishment
2.0 Fish and Wildlife
3.0 Forest Resources
4.0 Management Plan
5.0 Implementation

1.0 Establishment

1.1 The boundaries of the Horseshoe Slough Protection Area (the "Area") shall be as set out on map HSHPA in Appendix B - Maps, which forms a separate volume to this Agreement.

1.2 Canada shall transfer to the Commissioner of the Yukon the administration and control of the land comprising the Area, excluding the mines and minerals and the right to work the mines and minerals, as soon as practicable after the Effective Date of this Agreement.

1.3 Subject to 1.2, the Yukon shall establish the Area pursuant to the Wildlife Act, R.S.Y. 1986, c.178.

1.4 No lands forming part of the Area shall be removed from habitat protection status under the Wildlife Act, R.S.Y. 1986, c. 178, without the consent of the First Nation of Na'cho N'y'ak Dun.

1.5 Subject to 1.5.1, Canada shall withdraw the mines and minerals in the Area from locating, prospecting or mining under the Yukon Quartz Mining Act R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act R.S.C. 1985, c. Y-3 and from exploration and development under the Canada Petroleum Resources Act R.S.C. 1985, c.36 (2nd Supp.) for 18 months from the Effective Date of this Agreement or until the management plan is recommended pursuant to 4.8, whichever comes first.

1.5.1 The withdrawal shall be subject to:

(a) recorded mineral claims and leases under the Yukon Quartz Mining Act R.S.C. 1985, c. Y-4 and recorded placer mining claims and leases to prospect under the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3;

(b) oil and gas rights, interests and privileges under the Canada Petroleum Resources Act R.S.C. 1985, c.36 (2nd Supp.);

(c) rights granted under Section 8 of the Territorial Lands Act, R.S.C. 1985, c. T-6; and

(d) new licences, permits or other rights which may be granted in respect of an interest described in (a), (b), or (c) above.

2.0 Fish and Wildlife

2.1 The Na'cho N'y'ak Dun shall have the right to harvest Fish and Wildlife in the Area in accordance with their Harvesting rights pursuant to Chapter 16 - Fish and Wildlife.

3.0 Forest Resources

3.1 The Na'cho N'y'ak Dun shall have the right, during all seasons of the year, to harvest Forest Resources in the Area only for traditional purposes incidental to:

3.1.1 the exercise of their traditional pursuits of hunting, fishing, trapping and gathering; and

3.1.2 to the practice of their traditional customs, culture and religion or for the traditional production of handicrafts and implements.

3.2 The right provided by 3.1 is subject to the provisions of 17.3.2, 17.3.3, 17.3.4 and 17.3.6 of Chapter 17 - Forest Resources.

4.0 Management Plan

4.1 A steering committee shall be established to prepare a management plan for the Area.

4.2 The steering committee shall be comprised of four members, two nominated by Government and two by the Mayo District Renewable Resources Council.

4.3 The preparation of the management plan shall be guided by the following management principles:

4.3.1 the conservation of important Wildlife and Wildlife habitat for the benefit of Yukon residents;

4.3.2 the recognition and protection of the traditional and current use of the Area by the First Nation of Na'cho N'y'ak Dun;

4.3.3 the protection of the full diversity of Wildlife populations and their habitats from activities which could reduce the land's capability to support Wildlife; and

4.3.4 the encouragement of public awareness of and appreciation for the natural resources of the Area.

4.4 The management plan shall include recommendations to implement the management principles in 4.3 and may include recommendations respecting any withdrawal of portions of the mines and minerals of the Area from locating, prospecting or mining under the Yukon Quartz Mining Act R.S.C. 1985 c.Y-4 and the Yukon Placer Mining Act R.S.C. 1985 c.Y-3 and from exploration and development under the Canada Petroleum Resources Act R.S.C. 1985 C.36 (2^nd Supp.).

4.5 The preparation of the management plan shall include a process for public consultation.

4.6 The steering committee shall make best efforts to recommend the management plan to the Minister within 18 months of the Effective Date of this Agreement.

4.7 The Minister, within 60 days of the receipt of the management plan, shall accept, vary or set aside the recommendations.

4.7.1 The Minister may extend the time provided in 4.7 by 30 days.

4.8 The Minister shall forward his decision under 4.7 to the Mayo District Renewable Resources Council and the First Nation of Na'cho N'y'ak Dun.

4.9 The management plan shall be reviewed jointly by Government and the Mayo District Renewable Resources Council no later than five years after its initial approval and at least every 10 years thereafter.

4.10 The Mayo District Renewable Resources Council may propose amendments to the management plan to the Minister for his approval.

4.11 The Minister shall Consult with the Mayo District Renewable Resources Council prior to amending the management plan.

5.0 Implementation

5.1 The Yukon shall manage the Area in accordance with the Wildlife Act, R.S.Y. 1986, c. 178 and the approved management plan, and Canada shall manage the mines and minerals in the Area in the accordance with the approved management plan.