Champagne & Aishihik First Nations Final Agreement

Champagne & Aishihik 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 - Kluane National Park
1.0 Objectives
2.0 Definitions
3.0 Park Establishment
4.0 Harvesting Rights of Champagne & Aishihik People
5.0 Trapping in the Park
6.0 The Kluane National Park Management Board
7.0 Park Planning and Management
8.0 Heritage Resources
9.0 Economic Opportunities
10.0 Conditions

Schedule B - Sha'washe and Surrounding Area
1.0 Objective
2.0 Definitions
3.0 Sha'washe Heritage Resources Management Plan
4.0 Management of the Surrounding Area

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.

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.

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 - KLUANE NATIONAL PARK

1.0 Objectives

1.1 The objectives of this schedule are as follows:

1.1.1 to recognize Champagne & Aishihik First Nations' history and culture, and the rights provided for in this schedule, in the establishment and operation of the Park;

1.1.2 to recognize and protect the traditional and current use of the Park by Champagne & Aishihik People in the development and management of the Park;

1.1.3 to protect for all time a representative natural area of Canadian significance in the North Coastal Mountains Natural Region;

1.1.4 to encourage public understanding, appreciation and enjoyment of the Park in a manner which leaves it unimpaired for future generations;

1.1.5 to provide economic opportunities to Champagne & Aishihik People in the development, operation and management of the Park;

1.1.6 to recognize that oral history is a valid and relevant form of research for establishing the historical significance of Heritage Sites and Moveable Heritage Resources in the Park directly related to the history of Champagne & Aishihik People; and

1.1.7 to recognize the interest of Champagne & Aishihik People in the interpretation of aboriginal place names and Heritage Resources in the Park directly related to the culture of Champagne & Aishihik People.

2.0 Definitions

In this schedule, the following definitions shall apply.

"Board" means the Kluane National Park Management Board established pursuant to this schedule.

"Champagne & Aishihik First Nations Burial Site" means a place outside a recognized cemetery where the remains of a cultural ancestor of the Champagne & Aishihik People have been interred, cremated or otherwise placed.

"Conservation" means the management of the cultural and natural resources of the Park to ensure the protection of the Fish and Wildlife and their habitat and the natural evolution of the ecosystem as a priority while recognizing the traditional and continuing use of the Park's resources by Champagne & Aishihik People.

"Edible Fish or Wildlife Product" has the same meaning as in Chapter 16 - Fish and Wildlife.

"Elder" means a Champagne & Aishihik Person defined as an elder in the Champagne & Aishihik First Nations Constitution.

"Furbearer" has the same meaning as in Chapter 16 - Fish and Wildlife.

"Harvest" and "Harvesting" means gathering, hunting, trapping or fishing in accordance with this schedule.

"No Harvesting Zone" means an area designated pursuant to this schedule, in which Harvesting of some or all species of Fish, Wildlife or Plants is prohibited during part or all of the year.

"Non-Edible By-Product" has the same meaning as in Chapter 16 - Fish and Wildlife.

"Park" means that portion of the reserve for Kluane National Park depicted on map KNP in Appendix B - Maps, which forms a separate volume to this Agreement.

"Park Management Plan" means the management plan described in the National Parks Act, R.S.C. 1985, c.N-14 and includes the Kluane National Park Reserve Management Plan in effect on the Effective Date of this Agreement.

"Plants" means all flora in a wild state but does not include Trees.

"Sport Fishing" means angling as defined under the National Parks Act, R.S.C. 1985, c.N-14, but does not include angling for Subsistence by Champagne & Aishihik People.

"Subsistence" means:

(a) the use of Edible Fish or Wildlife Products, or edible Plant products, by a Champagne & Aishihik Person for sustenance and for food for traditional ceremonial purposes including potlatches; and

(b) the use by a Champagne & Aishihik Person of Non-Edible By-Products of harvests of Fish or Wildlife under (a) for such domestic purposes as clothing, shelter or medicine, and for domestic, spiritual and cultural purposes; but

(c) except for traditional production of handicrafts and implements by a Champagne & Aishihik Person, does not include commercial uses of:

(i) Edible Fish or Wildlife Products;

(ii) Non-Edible By-Products; or

(iii) edible Plant products.

"Tree" has the same meaning as in Chapter 17 - Forest Resources.

3.0 Park Establishment

3.1 Canada shall establish the Park as a National Park pursuant to the National Parks Act, R.S.C 1985, c.N-14 in accordance with this schedule, on the Effective Date of this Agreement.

3.2 No lands forming part of the Park shall be removed from National Park status without the consent of the Champagne & Aishihik First Nations.

4.0 Harvesting Rights of Champagne & Aishihik People

4.1 Champagne & Aishihik People shall have the exclusive right to Harvest for Subsistence within the Park, all species of Fish and Wildlife for themselves and their families in all seasons of the year and in any numbers, subject only to limitations prescribed pursuant to this schedule.

4.1.1 Champagne & Aishihik People shall have the right to harvest edible Plant products for Subsistence within the Park for themselves and their families in all seasons of the year and in any number, subject only to limitations prescribed pursuant to this schedule.

4.2 Except as otherwise provided in this schedule, Harvesting and management of Fish and Wildlife in the Park shall be in accordance with the National Parks Act, R.S.C. 1985, c.N-14.

4.3 Champagne & Aishihik People shall have the right to employ traditional and current methods of and equipment for Harvesting for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not, subject to limitations implemented following a recommendation from the Board pursuant to 6.3.2 or 6.3.4, in addition to any other limitations provided for in this schedule.

4.4 Nothing in this schedule shall be construed to grant Champagne & Aishihik People any right to buy, sell, or offer for sale any Migratory Game Bird, Migratory Game Bird's egg or parts thereof not authorized for sale by Legislation.

4.5 Champagne & Aishihik People shall have the right to give, trade, barter or sell among themselves and other Yukon Indian People all Edible Fish or Wildlife Products, and edible Plant products harvested by them for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not, in order to maintain traditional sharing among Champagne & Aishihik People and other Yukon Indian People, for domestic purposes but not for commercial purposes.

4.6 Subject to Laws of General Application, unless otherwise agreed to by the parties to this Agreement, Champagne & Aishihik People shall have the right to give, trade, barter, or sell to any person any Non-Edible By-Product of Fish and Wildlife that is obtained from Harvesting Furbearers or incidental to Harvesting for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not.

4.7 The right to Harvest for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not, includes the right to possess and transport the parts and products of Fish and Wildlife and edible Plants in the Yukon.

4.8 The exercise of rights under this schedule is subject to limitations provided for elsewhere in this schedule and to limitations provided for in Legislation enacted for purposes of Conservation, public health or public safety.

4.8.1 Any limitation provided for in Legislation pursuant to 4.8 must be consistent with this schedule, and must be reasonably required to achieve those purposes and may only limit those rights to the extent necessary to achieve those purposes.

4.8.2 Government shall Consult with the Champagne & Aishihik First Nations before imposing a limitation pursuant to 4.8.

4.9 Nothing in this schedule shall be construed as an admission by Government that the Migratory Birds Convention Act, R.S.C. 1985, c.M-7 does not satisfy the terms of 4.8.

4.10 For the purposes of application of 4.8 to Harvesting rights of Champagne & Aishihik People for migratory birds in the Park, "Conservation" includes considerations related to conservation of Migratory Game Birds indigenous to the Yukon while those Migratory Game Birds are in other jurisdictions.

4.11 Where in accordance with this schedule, an allowable harvest in the Park is established for a species of Freshwater Fish or Wildlife, the following provisions shall apply:

4.11.1 the Champagne & Aishihik First Nations shall decide whether to allocate any part, or all, of that allowable harvest to Champagne & Aishihik People and shall notify the Park superintendent in writing of its decision;

4.11.2 where the Champagne & Aishihik First Nations decides to allocate part, or all, of that allowable harvest, the notice pursuant to 4.11.1 shall specify the allocation of Freshwater Fish or the number and species of Wildlife to be harvested; and

4.11.3 the right of a Champagne & Aishihik Person to Harvest Freshwater Fish or Wildlife for which an allowable harvest has been established is contingent upon that person being allocated part of the allowable harvest by the Champagne & Aishihik First Nations.

4.12 The Champagne & Aishihik First Nations may manage, administer, allocate or otherwise regulate the exercise of rights of Champagne & Aishihik People under 4.0 within the Park, where not inconsistent with the regulation of those rights by Government in accordance with 4.8 and the other provisions of this schedule.

4.13 The Champagne & Aishihik First Nations shall establish and maintain a register of harvest information relating to Harvesting in the Park which contains a record of the allocation of Harvesting rights among Champagne & Aishihik People and a record of what is harvested, and such other harvest information as is prescribed by the Board.

4.13.1 The register of harvest information shall be made available to the Park superintendent on a regular and timely basis in a manner prescribed by the Board.

4.14 Upon the request of a Park warden, or other persons with lawful authority, Champagne & Aishihik People exercising their Harvesting rights in the Park shall show proof of enrollment under this Agreement.

4.15 The Minister, after Consultation with the Board, may require Champagne & Aishihik People to obtain a permit or licence for Harvesting within the Park but no fee or charge shall be imposed by Government for such permit or licence.

4.15.1 Upon the request of the Champagne & Aishihik First Nations, the Minister, after Consultation with the Board, may allow the Champagne & Aishihik First Nations to issue the permits or licences referred to in 4.15.

4.16 The Canadian Parks Service shall offer to the Champagne & Aishihik First Nations any Fish or Wildlife harvested within the Park for Park management purposes, unless such Fish or Wildlife is required for scientific or Park management purposes or as evidence in a court of law.

4.17 Subject to 4.18, Champagne & Aishihik People shall have the right to establish, expand and maintain cabins, camps, caches and trails in the Park that are necessary for, and which are to be used solely in relation to, exercising the Harvesting rights provided for in this schedule, provided that the location of such cabins, camps, caches and trails conforms with the Park Management Plan.

4.18 A Champagne & Aishihik Person proposing to establish or expand a cabin in the Park shall make a request to the Board.

4.18.1 The Board shall consider the request and determine:

4.18.1.1 whether the location of the proposed cabin conforms with the Park Management Plan; and

4.18.1.2 whether the cabin is necessary for the exercise of Harvesting rights provided for in this schedule.

4.18.2 Following consideration of the request, the Board shall make a recommendation to the Minister.

4.18.3 The provisions of 6.5 to 6.9.2 apply to a recommendation of the Board pursuant to 4.18.2.

4.18.4 Subject to limitations prescribed pursuant to 4.8, the Board and the Minister shall approve the request referred to in 4.18, where the cabin conforms to the Park Management Plan and is necessary for the exercise of Harvesting rights provided for in this schedule.

4.19 Champagne & Aishihik People shall have the right, during all seasons of the year to harvest Trees in the Park for purposes incidental to the exercise of the Harvesting rights provided for in this schedule.

4.20 Each area depicted as a No Harvesting Zone on map NHZ in Appendix B - Maps, which forms a separate volume to this Agreement, is hereby designated as a No Harvesting Zone. Modifications to a No Harvesting Zone may only be made by the Minister upon recommendation of the Board.

4.20.1 The Board shall review the boundaries and designation of each No Harvesting Zone three years after the Effective Date of this Agreement.

4.21 Upon a recommendation of the Board, the Minister may permit a pre-defined harvest in a No Harvesting Zone by an Elder or disabled Champagne & Aishihik Person.

4.22 Employees, contractors, and others employed in the Park who are Champagne & Aishihik People shall not exercise their Harvesting rights under 4.0 or 5.0 while on duty in the course of employment or while in the course of carrying on business in the Park.

4.23 The Canadian Parks Service and the Yukon shall share information on trapline use and Furbearer management, and on the harvest of other Wildlife, inside the Park and adjacent to the Park in order to coordinate the management of Furbearer populations and other Wildlife.

4.24 Nothing in this schedule is intended to confer rights of ownership in any Fish or Wildlife.

4.25 Except as otherwise provided in Laws of General Application, no Person shall waste Edible Fish or Wildlife Products.

5.0 Trapping in the Park

5.1 Champagne & Aishihik People shall have the exclusive right to Harvest Furbearers within the Park in accordance with this schedule for the purpose of selling the pelts.

5.2 The Board shall recommend to the Minister the area within the Park within which area trapping by Champagne & Aishihik People shall be permitted in accordance with this schedule.

5.3 The Minister shall make his decision on the Board's recommendations under 5.2 in accordance with the provisions of 6.5 to 6.9.

5.4 The Champagne & Aishihik First Nations shall be responsible for allocating trapping opportunities in the area where trapping is permitted within the Park to Champagne & Aishihik People, and for the alignment, realignment and grouping of individual traplines within that area.

5.5 The Board may make recommendations to the Champagne & Aishihik First Nations on the allocation of trapping opportunities and on the alignment, realignment and grouping of individual traplines within the area where trapping is permitted within the Park.

5.6 The Champagne & Aishihik First Nations shall maintain a register of allocation of trapping opportunities, and shall provide a copy of that register to the Park superintendent.

5.7 The Board may make recommendations to the Minister on the management of Furbearers and on seasons, quotas and other matters related to trapping in the Park.

5.8 Subject to this schedule, Champagne & Aishihik People shall comply with Laws of General Application when participating in commercial harvesting in the Park.

5.8.1 Champagne & Aishihik People shall have the right to use leg-hold drowning sets for Furbearer Harvesting unless the Minister, upon recommendation of the Board, determines that such sets are inhumane.

6.0 The Kluane National Park Management Board

6.1 The Kluane National Park Management Board shall be established no later than the Effective Date of this Agreement.

6.2 The Board shall be comprised of four members appointed by the Minister, two of which shall be nominees of the Champagne & Aishihik First Nations and two of which shall be nominees of Government. In addition the Park superintendent or his designate shall be a non-voting member of the Board.

6.3 The Board may make recommendations to the Minister on all matters pertaining to the development and management of the Park, including:

6.3.1 routes, methods and modes of access for Harvesting within the Park;

6.3.2 harvest limits and seasons for Harvesting in the Park;

6.3.3 locations and methods of Harvesting within the Park;

6.3.4 the management of Heritage Resources within the Park;

6.3.5 revisions to the Park Management Plan;

6.3.6 matters related to the development or management of the Park forwarded to the Board by the Minister;

6.3.7 proposed Park boundary adjustments;

6.3.8 coordinating the management of Fish and Wildlife populations which cross the boundary of the Park with the Fish and Wildlife Management Board, affected Renewable Resources Councils and other responsible agencies;

6.3.9 existing and proposed Legislation relating to the Park; and

6.3.10 designating or modifying a No Harvesting Zone.

6.4 The provisions of 6.5 to 6.9.2 apply to recommendations made by the Board pursuant to 6.3.5 to 6.3.10.

6.4.1 The provisions of 6.5 to 6.9.3 apply to recommendations made by the Board pursuant to 6.3.1 to 6.3.4.

6.5 Unless the Minister directs otherwise, all recommendations of the Board shall be kept confidential until the process in 6.6 to 6.9 has been completed or the time for the process has expired.

6.6 The Minister, within 60 days of the receipt of a recommendation of the Board, may accept, vary, set aside or replace the recommendation. Any proposed variation, replacement or setting aside shall be sent back to the Board by the Minister with written reasons. The Minister may consider information and matters of public interest not considered by the Board.

6.6.1 The Minister may extend the time provided in 6.6 by 30 days.

6.6.2 Nothing in 6.6 shall be construed as limiting the application of 4.8.

6.7 The Board within 30 days of the receipt of a variation, replacement or setting aside by the Minister pursuant to 6.6, shall make a final recommendation and forward it to the Minister with written reasons.

6.7.1 The Minister may extend the time provided under 6.7.

6.8 The Minister, within 45 days of receipt of a final recommendation, may accept or vary it, or set it aside and replace it.

6.8.1 The Minister shall provide the Board with notice of the Minister's final decision under 6.8.

6.9 Government shall, as soon as practicable, implement:

6.9.1 all recommendations of the Board that are accepted by the Minister under 6.5;

6.9.2 all decisions of the Minister under 6.8; and

6.9.3 subject to 6.9.1 and 6.9.2, all recommendations of the Board pursuant to 6.3.1 to 6.3.4 after the expiry of the time provided in the process set out in 6.5 to 6.8.

6.10 Where the Board does not carry out one of its responsibilities, the Minister, after giving notice to the Board, may carry out that responsibility.

6.11 The Board shall make reasonable provisions for public involvement in the development of its recommendations.

6.12 If the boundary of the Park is enlarged to include land within the Traditional Territory of another Yukon First Nation, and if provided for in that Yukon First Nation's Final Agreement, the following provisions shall apply:

6.12.1 the Board shall be reconstituted to be comprised of a maximum of 12 members to be appointed by the Minister, one half of the members to be nominated by the Yukon First Nations whose Traditional Territory includes lands within the Park and one half of the members to be nominated by Government;

6.12.2 the number of members to be nominated by Yukon First Nations in accordance with 6.12.1 shall be apportioned equally between the Yukon First Nations whose Traditional Territory includes lands within the Park; and

6.12.3 unless otherwise agreed to by the parties to this Agreement, and by the parties to that other Yukon First Nation's Final Agreement, the powers and responsibilities of the Board provided for in this schedule shall apply to the Board reconstituted in accordance with this section; and

6.12.4 in 6.12.1 and 6.12.2, "Park" means the Park as enlarged to include land within the Traditional Territory of another Yukon First Nation.

7.0 Park Planning and Management

7.1 Subject to the terms of this schedule, the Park shall be planned and managed according to the National Parks Act, R.S.C. 1985, c.N-14.

7.2 Any management plan or policy for the Park shall:

7.2.1 recognize the right under this schedule of Champagne & Aishihik People to Harvest for Subsistence;

7.2.2 provide for the protection of Fish and Wildlife habitat as a first priority;

7.2.3 minimize interference to natural processes so that ecosystems and their associated plant and animal species will continue to evolve naturally;

7.2.4 be applied in a manner that allows the continuation of natural Fish and Wildlife population levels;

7.2.5 place particular emphasis on control, timing and location of visitor activities and Harvesting by Champagne & Aishihik People in order to ensure visitor safety and avoid conflicts; and

7.2.6 recognize the long association of the Champagne & Aishihik First Nations with the area comprising the Park and the Champagne & Aishihik First Nations' past and present use of it.

7.3 Government shall ensure that information it issues regarding the Park shall recognize the long association of the Champagne & Aishihik First Nations with the area comprising the Park and the Champagne & Aishihik First Nations' past and present use of it.

7.4 Sport Fishing may be permitted according to the National Parks Act, R.S.C. 1985, c.N-14, while recognizing that the right of Champagne & Aishihik People to Harvest Fish in the Park for Subsistence is a higher priority than Sport Fishing.

7.5 Government shall make best efforts to coordinate the management of Fish and Wildlife in the Park with agencies responsible for the management of Fish and Wildlife outside the Park.

8.0 Heritage Resources

8.1 The Board may make recommendations to the Minister regarding the management of Heritage Resources in the Park.

8.2 The ownership of Moveable Heritage Resources and Documentary Heritage Resources found in the Park shall be determined in accordance with Chapter 13 - Heritage.

8.3 In accordance with Government procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to any agreements respecting records or the information contained in them, Government shall provide the Champagne & Aishihik First Nations with a listing of all Heritage Sites directly related to the culture and heritage of the Champagne & Aishihik People, including information on their location and character, that are located within the Park and which have been documented at the Effective Date of this Agreement.

8.4 In accordance with Government procedures on access to and duplication of records, and subject to access to information, protection of privacy and copyright Legislation and to any agreements respecting records or the information contained in them, Government, within existing budgets, shall facilitate the preparation of an inventory of Moveable Heritage Resources and Heritage Sites within the Park which relate to the Champagne & Aishihik First Nations.

8.5 Government agrees that the Southern Tutchone language shall be included in any interpretive displays and signage that may be erected in the Park related to the history and culture of the Champagne & Aishihik First Nations.

8.6 When considering the naming or renaming of places or features located within the Park, the responsible agency shall Consult with the Champagne & Aishihik First Nations.

8.7 There shall be no access by Park visitors to Champagne & Aishihik First Nations Burial Sites without the express written consent of the Champagne & Aishihik First Nations.

9.0 Economic Opportunities

9.1 Canada, after Consultation with the Champagne & Aishihik First Nations, shall establish hiring procedures and policies with the objective that the ratio of Yukon Indian People employed in public service positions in the Park and the Kluane National Park Reserve is at least equal to the ratio of the Yukon Indian People to the total population within the Champagne & Aishihik First Nations Traditional Territory.

9.2 Subject to any commercial horse riding operation existing in the Park at the time of the Effective Date of this Agreement, the Champagne & Aishihik First Nations shall have the exclusive opportunity to provide commercial horse riding operations that may be permitted within the Park.

9.2.1 The opportunity referred to in 9.2 shall include the opportunity to establish and use staging areas within the Park provided such uses conform to the Park Management Plan.

9.3 The Canadian Parks Service shall provide the Champagne & Aishihik First Nations with a right of first refusal to accept any contract offered by the Canadian Parks Service for the use of horses in the Park, which right of first refusal shall be offered in the following manner:

9.3.1 the Canadian Parks Service shall provide notice to the Champagne & Aishihik First Nations specifying the terms and conditions of the contract;

9.3.2 where the Champagne & Aishihik First Nations does not tender acceptance, the Canadian Parks Service may offer the contract publicly on the same terms and conditions specified in the notice pursuant to 9.3.1; and

9.3.3 if the contract offered publicly is not accepted, the Canadian Parks Service may re-offer the contract on new terms and conditions in accordance with the procedure set out 9.3.

9.4 The Canadian Parks Service shall provide the Champagne & Aishihik First Nations with a right of first refusal to accept any contract offered by the Canadian Parks Service for the construction of trails or construction or maintenance of roads in the Park, which right of first refusal shall be offered in the following manner:

9.4.1 the Canadian Parks Service shall provide notice to the Champagne & Aishihik First Nations specifying the terms and conditions of the contract;

9.4.2 where the Champagne & Aishihik First Nations does not tender acceptance within 30 days, the Canadian Parks Service may offer the contract publicly on the same terms and conditions specified in the notice pursuant to 9.4.1; and

9.4.3 if the contract offered publicly is not accepted, the Canadian Parks Service may re-offer the contract on new terms and conditions in accordance with the procedure set out in 9.4.

9.5 Public information programs which primarily relate to Yukon First Nation history or culture and which are part of the Park's interpretive program, may include the sale by Champagne & Aishihik People of traditional handicrafts.

9.6 The Champagne & Aishihik First Nations shall have the right of first refusal to any new licences issued by the Canadian Parks Service for the commercial operation of private sector motor-assisted boat tours permitted in the Park under the Park Management Plan.

9.6.1 The motor-assisted boat tours referred to in 9.6 do not include commercial rafting operations which may be carried on in the Park.

9.7 The Champagne & Aishihik First Nations shall have the right of first refusal to any new licence or permit issued by the Canadian Parks Service for commercial operation of a regularly scheduled motor vehicle shuttle service to destinations within the Park permitted by the Park Management Plan.

9.7.1 In this section, motor vehicle means land based motor assisted vehicular transportation.

9.8 The Champagne & Aishihik First Nations shall have the right of first refusal to any new licence or permit issued by the Canadian Parks Service to develop and operate any retail outlets which may be permitted in Canadian Parks Service facilities located in the Champagne & Aishihik First Nations Traditional Territory.

9.9 If the Canadian Parks Service establishes a quota for commercial river rafting opportunities which originate and finish on the Alsek River, the Champagne & Aishihik First Nations shall have a right of first refusal to acquire new licences or permits as follows:

9.9.1 in the first year that the Canadian Parks Service establishes a quota, the Canadian Parks Service shall offer to the Champagne & Aishihik First Nations:

9.9.1.1 the number of licences or permits equal to 25 percent of the quota issued by the Canadian Parks Service, less the number of licences or permits which are required to allow existing operations which are held by a Champagne & Aishihik Firm to operate at their then existing level, or

9.9.1.2 the number of licences or permits which remains after the then existing operators which have commercial river rafting opportunities which start and finish on the Alsek River have received the permits or licences which are required to allow the existing operators to operate at their then existing level,

whichever is less; and

9.9.2 in the second year, and each year thereafter, the Canadian Parks Service shall offer to the Champagne & Aishihik First Nations any new licences or permits issued by the Canadian Parks Service from time to time until the Champagne & Aishihik First Nations and Champagne & Aishihik Firms together have been allocated 25 percent of the quota in effect from time to time.

10.0 Conditions

10.1 The Canadian Parks Service shall Consult with the Board in deciding whether there should be a limit, or a change to an existing limit, on the number of licences or permits for commercial wilderness rafting opportunities in the Park, and on any terms and conditions or changes to the terms and conditions that should apply to those licences or permits.

10.2 The Champagne & Aishihik First Nations may enter into joint ventures or other arrangements with other Persons to use a licence or permit allocated to the Champagne & Aishihik First Nations pursuant to 9.0.

10.3 Subject to 10.3.2, the Champagne & Aishihik First Nations shall apply to the Canadian Parks Service within one year of the offer of a licence or permit under 9.0, failing which the right of first refusal for that licence or permit shall lapse.

10.3.1 A licence or permit in respect of which a right of first refusal has lapsed under 10.3 shall not be considered a licence or permit offered to the Champagne & Aishihik First Nations under 9.0.

10.3.2 The provisions of 10.3 do not apply to 9.2.

10.4 The Canadian Parks Service shall issue to the Champagne & Aishihik First Nations a licence or permit offered to it under 9.0 upon application of the Champagne & Aishihik First Nations provided that the Champagne & Aishihik First Nations satisfies the requirements in effect from time to time applicable to other applicants for the issuance of such a licence or permit.

10.5 A renewal or assignment of a licence or permit shall not be considered a new licence or permit for the purpose of the calculating the number of licences or permits required to be offered under 9.0.

10.6 Nothing in 9.0 shall be construed to obligate the Canadian Parks Service to replace any licence or permit obtained by the Champagne & Aishihik First Nations under the provisions of 9.0 which the Champagne & Aishihik First Nations has sold or assigned.

10.7 Nothing in 9.0 shall be construed to prevent the Champagne & Aishihik First Nations or a Champagne & Aishihik Person from acquiring additional licences or permits through the normal regulatory process in the Park.

10.8 Any Party to this Agreement may refer any dispute respecting the application of 9.0 to the dispute resolution process under 26.4.0.

10.9 Where mediation under 26.4.0 does not result in agreement, the Minister may decide the issue.

10.10 The right of first refusal pursuant to 9.9 shall expire on January 1, 2016, unless the parties to this Agreement agree to extend the period of the application of that provision.

SCHEDULE B - SHA'WASHE AND SURROUNDING AREA

1.0 Objective

1.1 The objective of this schedule is to recognize that Sha'washe and the Surrounding Area should be managed by the Champagne & Aishihik First Nations and Government in an integrated manner to protect the interests of Champagne & Aishihik People while providing for fishing, rafting, and other activities.

2.0 Definitions

In this schedule, the following definitions shall apply.

"Sha'washe" means the area identified as Sha'washe (Dalton Post) on map SSA in Appendix B - Maps, which forms a separate volume to this Agreement.

"Surrounding Area" means the area identified as the surrounding area on map SSA in Appendix B - Maps, which forms a separate volume to this Agreement.

3.0 Sha'washe Heritage Resources Management Plan

3.1 A Heritage Resources management plan (the "Plan") for Sha'washe shall be prepared jointly by the Champagne & Aishihik First Nations and Government and recommended to the Champagne & Aishihik First Nations and the Minister within one year of the Effective Date of this Agreement.

3.2 The Plan shall be consistent with the following management principles:

3.2.1 protecting and conserving the Heritage Resources of Sha'washe;

3.2.2 ensuring that the natural and aesthetic quality of Sha'washe is maintained;

3.2.3 increasing public knowledge regarding the historical use and cultural importance of Sha'washe and the Surrounding Area from early time to the present;

3.2.4 ensuring the preservation and maintenance of the heritage structures, artifacts and special sites according to generally accepted standards of Heritage Resources management;

3.2.5 allowing for the investigation and interpretation of archaeological, ethnographic and historical resources; and

3.2.6 providing reasonable opportunities for the public to visit and appreciate the heritage values of Sha'washe.

3.3 The Plan shall address the following issues respecting the Heritage Resources at Sha'washe:

3.3.1 policies, guidelines and standards for site activities;

3.3.2 traditional use and occupancy;

3.3.3 visitor potential and capacity;

3.3.4 treatment of historic resources;

3.3.5 visitor information and services;

3.3.6 access to, and information respecting, the Heritage Resources;

3.3.7 integration of recreational activities by other users of the site with activities by Champagne & Aishihik People;

3.3.8 level of development at Sha'washe;

3.3.9 permits and regulations;

3.3.10 security and site protection;

3.3.11 recommendations for land use activities in the Surrounding Area which may have an effect on Sha'washe;

3.3.12 implementation, including schedules and priorities; and

3.3.13 such other matters as agreed to by the Champagne & Aishihik First Nations and Government.

3.4 The Plan may provide for a structure or mechanism, and activities required to manage Sha'washe, including any limitations or restrictions necessary to achieve the management principles in 3.2.

3.5 The Plan shall also recommend whether and the terms under which Sha'washe should be designated as a Designated Heritage Site under the Historic Resources Act, S.Y. 1991, c.8.

3.6 The preparation of the Plan shall include a process for public consultation.

Approval of the Plan

3.7 The Plan shall be submitted to the Champagne & Aishihik First Nations and the Minister for their joint approval.

3.8 Where the Champagne & Aishihik First Nations and the Minister fail to agree on the Plan, the matter shall be referred to dispute resolution under 26.3.0.

Amendment and Review

3.9 The parties to this Agreement may agree from time to time to review and amend the Plan.

3.10 The preparation of amendments to the Plan shall include a process for public consultation.

3.11 Subject to 3.12, amendments to the Plan shall require the joint approval of the Champagne & Aishihik First Nations and the Minister.

3.12 Where the Champagne & Aishihik First Nations and the Minister fail to agree on an amendment to the Plan, the matter shall be referred to dispute resolution under 26.3.0.

Implementation of the Plan

3.13 The approved Plan, the approved amendments to the Plan and matters resolved pursuant to 3.8 and 3.12 shall be implemented by the Champagne & Aishihik First Nations and the Minister.

Transitional

3.14 Subject to the rights of access set out in this Agreement, until the Plan is approved there shall be no development or activities causing physical or visual changes to Sha'washe unless the Champagne & Aishihik First Nations and Government agree.

General

3.15 The Champagne & Aishihik First Nations shall not develop or use Sha'washe in a manner that is inconsistent with the principles in 3.2 or the approved Plan, as amended.

3.16 Neither the Plan or the management of Sha'washe shall derogate from the rights of access set out in this Agreement.

4.0 Management of the Surrounding Area

4.1 Government shall provide adequate parking on the east side of the Klukshu River for users of Sha'washe and the Surrounding Area, and shall provide adequate access to the Tatshenshini River for rafters at a point on the Tatshenshini River upstream from the Klukshu River.

4.2 The Champagne & Aishihik First Nations may provide a wilderness-oriented campsite for river rafters on Champagne & Aishihik First Nations Settlement Land downstream from Sha'washe.

4.3 Government shall provide adequate signage in the area east of the Klukshu River to inform users of Sha'washe and the Surrounding Area of the rules and restrictions regarding use of the area.

4.4 Government and the Champagne & Aishihik First Nations shall make best efforts to coordinate the management of the use of land and resources within Sha'washe and the Surrounding Area to minimize any adverse effects on Sha'washe and the Surrounding Area.