Little Salmon/Carmacks First Nation Final Agreement

Little Salmon/Carmacks Index
Traditional Territories Index

CHAPTER 10 - SPECIAL MANAGEMENT AREAS

Table of Contents

10.1.0 Objective
10.2.0 Definitions
10.3.0 Establishment of Special Management Areas
10.4.0 Rights and Interests of Yukon First Nations
10.5.0 Management of Future Special Management Areas
10.6.0 Relationship to the Land Use Planning and Development Assessment Processes
10.7.0 Fish and Wildlife Management

Schedule A - Nordenskiold Wetland Habitat Protection Area
1.0 Establishment
2.0 Fish and Wildlife
3.0 Forest Resources
4.0 Management Plan
5.0 Approval and Review
6.0 Implementation

10.1.0 Objective

10.1.1 The objective of this chapter is to maintain important features of the Yukon's natural or cultural environment for the benefit of Yukon residents and all Canadians while respecting the rights of Yukon Indian People and Yukon First Nations.

10.2.0 Definitions

In this chapter, the following definition shall apply.

"Special Management Area" means an area identified and established within a Traditional Territory pursuant to this chapter and may include:

(a) national wildlife areas;

(b) National Parks, territorial parks, or national park reserves, and extensions thereof, and national historic sites;

(c) special Wildlife or Fish management areas;

(d) migratory bird sanctuaries or a game sanctuary;

(e) Designated Heritage Sites;

(f) watershed protection areas; and

(g) such other areas as a Yukon First Nation and Government agree from time to time.

10.3.0 Establishment of Special Management Areas

10.3.1 Provisions in respect of an existing Special Management Area may be set out in a Yukon First Nation Final Agreement.

10.3.2 Special Management Areas may be established in accordance with the terms of this chapter pursuant to a Yukon First Nation Final Agreement or pursuant to Laws of General Application.

10.3.3 Except as provided in a Yukon First Nation Final Agreement, where Government proposes to establish a Special Management Area, Government shall refer the proposal to the affected Renewable Resources Council for its review and recommendations.

Specific Provision: 10.3.3.1 Nothing in 10.3.3 shall be construed to prevent Government from informing the Little Salmon/Carmacks First Nation of a proposal to establish a Special Management Area.

10.3.4 Government may refer proposals to establish historic territorial parks, national historic sites administered by the Canadian Parks Service or to designate Heritage Sites as Designated Heritage Sites to the Heritage Resources Board established pursuant to 13.5.0 instead of the affected Renewable Resources Council for its review and recommendations.

Specific Provision: 10.3.4.1 Nothing in 10.3.4 shall be construed to prevent Government from informing the Little Salmon/Carmacks First Nation of a proposal referred to in 10.3.4.

10.3.5 A Special Management Area may not include Settlement Land without the consent of the affected Yukon First Nation.

10.4.0 Rights and Interests of Yukon First Nations

10.4.1 Where a Special Management Area is proposed to be established which will adversely affect rights of a Yukon First Nation under a Settlement Agreement, Government and the affected Yukon First Nation shall, at the request of either party, negotiate an agreement to:

10.4.1.1 establish any rights, interests and benefits of the affected Yukon First Nation in the establishment, use, planning, management and administration of the Special Management Area; and

10.4.1.2 mitigate adverse effects of the establishment of the Special Management Area on the affected Yukon First Nation.

10.4.2 Agreements negotiated pursuant to 10.4.1:

10.4.2.1 shall address the rights Yukon Indian People have for Harvesting Fish and Wildlife within the Special Management Area;

10.4.2.2 may address the economic and employment opportunities and benefits for the affected Yukon First Nation;

10.4.2.3 may address whether, and on what terms, including provisions on management, Settlement Land may be included in the Special Management Area; and

10.4.2.4 may include such other provisions as Government and the affected Yukon First Nation may agree.

10.4.3 Where Government and the affected Yukon First Nation do not agree on the terms of an agreement pursuant to 10.4.1, the parties may refer the outstanding issues to the dispute resolution process under 26.4.0.

10.4.4 Where mediation under 10.4.3 does not result in agreement, the Government may establish the Special Management Area.

10.4.5 Notwithstanding 6.2.3.2, access by a Yukon Indian Person to a Special Management Area established pursuant to 10.4.4 for Harvesting Fish or Wildlife pursuant to a Settlement Agreement may be limited or prohibited only for reasons of Conservation, public health or public safety.

10.4.6 Government and the affected Yukon First Nation may, at any time after the establishment of a Special Management Area pursuant to 10.4.4, negotiate an agreement pursuant to 10.4.1 in respect of that Special Management Area, in which case 10.4.5 shall no longer apply to that Special Management Area.

10.4.7 Nothing in this chapter shall be construed to derogate from any provision respecting National Parks in the Yukon First Nation Final Agreements for the Champagne & Aishihik First Nations, the Kluane First Nation, the White River First Nation or the Vuntut Gwitchin First Nation.

10.4.8 Any agreement concluded between Government and the affected Yukon First Nation pursuant to 10.4.1 may be amended according to the terms set out in that agreement.

10.4.9 Any agreement concluded between Government and the affected Yukon First Nation pursuant to 10.4.1 may be appended to and form part of that Yukon First Nation's Final Agreement if Government and the Yukon First Nation agree.

10.5.0 Management of Future Special Management Areas

10.5.1 Unless Government otherwise agrees, Government shall be the management authority for Special Management Areas on Non-Settlement Land.

10.5.2 Government shall prepare, or have prepared, a management plan for each Special Management Area established pursuant to a Yukon First Nation Final Agreement after the Effective Date of that Yukon First Nation Final Agreement.

10.5.3 Government shall make best efforts to complete the management plan within five years of the establishment of the Special Management Area.

10.5.4 Government shall review each management plan at least once every ten years.

10.5.5 The management plan and any proposed amendments thereto shall be referred before approval to the relevant Renewable Resources Council or to the Yukon Heritage Resources Board, as the case may be, for its review and recommendations.

10.5.6 The provisions of 16.8.0 shall apply in respect of the implementation of any recommendations made pursuant to 10.5.5.

10.5.7 Should a management advisory body other than a body referred to in 10.5.5 be established by Government for the purpose of 10.3.3, 10.3.4 or 10.5.5, Yukon First Nation representation shall be 50 percent on any such body unless Government and the affected Yukon First Nation agree otherwise. Any such management advisory body shall have the responsibilities of a Renewable Resources Council or the Heritage Resources Board set out in this chapter.

10.5.8 Except as provided otherwise in this chapter, or in a Yukon First Nation Final Agreement, all National Parks and extensions, national park reserves and extensions and national historic parks and sites shall be planned, established and managed pursuant to the National Parks Act, R.S. 1985,c.N-14, other Legislation, the Canadian Parks Service policy and park management plans in effect from time to time.

10.5.9 Where a Special Management Area includes a National Park or its extension or national park reserve or its extension, exploration and development of non-renewable resources shall not be permitted, except in respect of the removal of sand, stone and gravel for construction purposes within the National Park or national park reserve.

10.5.10 Where a Special Management Area includes Yukon First Nation Burial Sites or places of religious and ceremonial significance to a Yukon First Nation, the management plan shall be consistent with the provisions of Chapter 13 - Heritage and shall provide for the protection and preservation of the sites or places.

10.6.0 Relationship to the Land Use Planning and Development Assessment Processes

10.6.1 Special Management Areas established after the effective date of Settlement Legislation shall be:

10.6.1.1 consistent with land use plans approved in accordance with Chapter 11 - Land Use Planning; and

10.6.1.2 subject to the provisions of Chapter 12 - Development Assessment.

10.7.0 Fish and Wildlife Management

10.7.1 Fish and Wildlife within Special Management Areas shall be managed in accordance with Chapter 16 - Fish and Wildlife.

SCHEDULE A - NORDENSKIOLD WETLAND HABITAT PROTECTION AREA

1.0 Establishment

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

1.1.1 For greater certainty, the Area comprises that portion of Parcel R-2B identified as Nordenskiold Wetland Habitat Protection Area on Territorial Resource Base Maps 115H/16 and 115I/1, dated July 21, 1997, in Appendix B - Maps, which forms a separate volume to this Agreement.

1.2 The Yukon shall designate the Area as a protected habitat area, pursuant to the Wildlife Act, R.S.Y. 1986, c. 178, as soon as practicable after the Effective Date of this Agreement.

1.3 Designation as a protected habitat area shall not be removed from any part of the Area except with the agreement of Government and the Little Salmon/Carmacks First Nation.

1.4 Subject to 1.4.1, 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, from exploration and development under the Canadian Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36, and from staking out a location for the mining of coal and from issuance of a licence to explore for coal pursuant to the Territorial Lands Act, R.S.C. 1985, c. T-7, for 24 months from the Effective Date of this Agreement or until a management plan is approved pursuant to 5.1, whichever is earlier.

1.4.1 The withdrawal shall be subject to:

1.4.1.1 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, existing on the Effective Date;

1.4.1.2 oil and gas rights, interests and privileges under the Canadian Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36, existing on the Effective Date;

1.4.1.3 rights granted under section 8 of the Territorial Lands Act, R.S.C. 1985, c. T-7, existing on the Effective Date; and

1.4.1.4 subject to 1.4.2, new licenses, permits or other rights which may be granted in respect of an interest described in 1.4.1.1, 1.4.1.2 or 1.4.1.3.

1.4.2 In respect of land included in the Area, Government shall not issue a renewal or replacement of Coal Licences Y472, Y473, or Y474 or issue a lease or permit for the mining of coal, prior to a management plan being approved pursuant to 5.1 or if to do so would be inconsistent with the approved management plan.

2.0 Fish and Wildlife

2.1 For greater certainty, the Little Salmon/Carmacks First Nation and Little Salmon/Carmacks People have the right to Harvest Fish and Wildlife in the Area in accordance with Chapter 16 - Fish and Wildlife.

2.2 For greater certainty, the powers and responsibilities of Government and of the Little Salmon/Carmacks First Nation for the management of Fish and Wildlife in the Area and their habitats shall be in accordance with Chapter 16 - Fish and Wildlife.

3.0 Forest Resources

3.1 The right of the Little Salmon/Carmacks First Nation and Little Salmon/Carmacks People to harvest Forest Resources and Trees in the Area pursuant to Chapter 17 - Forest Resources shall be subject to the provisions of the management plan approved pursuant to 5.1.

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, of whom two shall be nominated by the Little Salmon/Carmacks First Nation and two by Government.

4.3 The management plan shall be consistent with the following objectives:

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

4.3.2 respect for traditional and current use of the Area by Little Salmon/Carmacks People;

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

4.3.4 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 objectives set out in 4.3 and may include recommendations in respect of any withdrawal 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, from exploration and development under the Canadian Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36, and from staking out a location for the mining of coal or from issuance of a licence to explore for coal pursuant to the Territorial Lands Act, R.S.C. 1985, c. T-7.

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 complete the management plan within 24 months of the Effective Date of this Agreement.

5.0 Approval and Review

5.1 Government and the Little Salmon/Carmacks First Nation shall jointly approve the management plan.

5.2 If Government and the Little Salmon/Carmacks First Nation are unable to agree on the terms of the management plan, Government or the Little Salmon/Carmacks First Nation may refer the matter to the dispute resolution process under 26.3.0.

5.2.1 Nothing in this schedule shall be construed to confer upon an arbitrator appointed pursuant to 5.2, any power to determine financial or other resources to be provided in connection with the Area by either the Little Salmon/Carmacks First Nation or Government.

5.3 Government and the Little Salmon/Carmacks First Nation shall review the management plan no later than five years after its initial approval and no later than every 10 years thereafter.

5.4 Government and the Little Salmon/Carmacks First Nation shall refer any proposed amendments to the management plan to the Carmacks Renewable Resources Council for its review and recommendations.

6.0 Implementation

6.1 The Area shall be managed in accordance with the approved management plan.

6.2 In the period prior to approval of the management plan pursuant to 5.1, the Area shall be managed in accordance with the objectives set out at 4.3.