Inuvialuit
Index
Traditional
Territories Index
CHAPTER 12 - YUKON NORTH SLOPE
Table of Contents
Yukon
North Slope
Principles
Disposal
of Land
National
Park
Territorial
Park
Area
East of the Babbage River
Inuvialuit
Harvesting Rights
Economic
Benefits
Wildlife
Management Advisory Council (North Slope)
Yukon
North Slope Annual Conference
- 12.(1) For the purposes of this section, "Yukon North Slope" means all those lands between the jurisdictional boundaries of Alaska and the Yukon Territory and the Northwest Territories, north of the height of land dividing the watersheds of the Porcupine River and the Beaufort Sea, and including adjacent nearshore and offshore waters and islands.
- 12.(2) The Yukon North Slope shall fall under a special conservation
regime whose dominant purpose is the conservation of wildlife, habitat and
traditional native use.
- 12.(3) Subject to subsections (5) to (15):
- (a) all development proposals relating to the Yukon North Slope shall
be screened to determine whether they could have a significant negative
impact on the wildlife, habitat or ability of the natives to harvest
wildlife;
- (b) other uses within the Yukon North Slope shall be considered and may be permitted if it is shown that there would be no significant negative impact on wildlife, habitat or native harvesting;
- (c) other uses within the Yukon North Slope that may have a significant negative impact on wildlife, habitat or native harvesting shall be permitted if it is decided that public convenience and necessity outweigh conservation or native harvesting interests in the area; and
As amended January 15, 1987
- (d) development proposals relating to the Yukon North Slope that may have a significant negative impact shall be subject to a public environmental impact assessment and review process.
- (b) other uses within the Yukon North Slope shall be considered and may be permitted if it is shown that there would be no significant negative impact on wildlife, habitat or native harvesting;
- 12.(3) Subject to subsections (5) to (15):
- 12.(4) Subject to this section, the withdrawal from disposal under
the Territorial Lands Act of certain lands described in the Prohibition
and Withdrawal of Certain Lands from Disposal Order (SOR/80-198, 27 March,
1980, as set out in Annex E-1), within the Yukon North Slope shall be maintained.
As amended January 15, 1987
- 12.(5) Canada agrees to establish, under the National Parks Act,
the Settlement Legislation or such other legislation as may be appropriate
or necessary, a National Park comprising the western portion of the Yukon
North Slope shown in Annex E and more particularly described as the area
bounded to the south by the height of land being the watershed and to the
east by the eastern shoreline of the Babbage River.
- 12.(6) The planning for the National Park and the management thereof shall have as their objects to protect the wilderness characteristics of the area, maintaining its present undeveloped state to the greatest extent possible, and to protect and manage the wildlife populations and the wildlife habitat within the area.
- 12.(7) Except as provided in subsection (14), the National Park shall be zoned and managed as a wilderness oriented park.
- 12.(8) Development activities inconsistent with the purposes of the National Park shall be prohibited, and any change in the character of the National Park shall require the consent of the Inuvialuit.
- 12.(9) The Wildlife Management Advisory Council established by subsection (46) shall advise the appropriate minister on park planning and management. The Council shall recommend a management plan for the National Park.
As amended January 15, 1987- 12.(10) No lands forming part of the National Park shall be removed from National Park status without the consent of the Inuvialuit.
- 12.(11) Canada agrees that prior to the establishment of the National Park, the lands comprising it shall be maintained in a manner that recognizes their future use and protects the land and its habitat for this purpose.
- 12.(12) Nothing inconsistent with the provisions of this Agreement shall be permitted between the date of the execution of this Agreement and the coming into force of appropriate legislation creating the Park.
- 12.(13) The rights provided to the Inuvialuit under this Agreement in respect of the National Park shall take effect as of the date of the coming into force of the Settlement Legislation. For greater certainty, the Government of the Yukon Territory shall retain its present jurisdiction until the creation of the National Park.
- 12.(14) If it is determined pursuant to section 11 that an area identified in Annex E as Stokes Point is required for limited scale use and temporary use purposes in support of hydrocarbon development, the use shall be permitted on the following conditions:
- (a) the land to be used does not exceed forty (40) acres and any additional
land that is required to satisfy the licencing requirements of the Yukon
Territorial Water Board;
As amended January 15, 1987
- (b) the use of the land is such as not to prevent its restoration to the state it was in prior to such use; and
- (c) the activity must not be on a scale and of a nature as to significantly derogate from the quality and character of the adjacent Park lands.
- (b) the use of the land is such as not to prevent its restoration to the state it was in prior to such use; and
- 12.(15) In subsection (14),
- (a) "limited scale use" includes the storage of fuel and
supplies, emergency repairs and maintenance facilities, transhipment
depots, caches and similar uses; and
- (b) "temporary use" means a period of active occupation that, in the aggregate, does not exceed six (6) years.
As amended January 15, 1987 - (b) "temporary use" means a period of active occupation that, in the aggregate, does not exceed six (6) years.
- 12.(6) The planning for the National Park and the management thereof shall have as their objects to protect the wilderness characteristics of the area, maintaining its present undeveloped state to the greatest extent possible, and to protect and manage the wildlife populations and the wildlife habitat within the area.
- 12.(16) The parties agree that Herschel Island is to be established
as the Herschel Island Territorial park and, in establishing that Park,
the Government of the Yukon Territory will consult the Inuvialuit.
- 12.(17) Except for the lands adjacent to Pauline Cove, the park regime on Herschel Island shall be no less stringent than that of the National Park pursuant to subsections (5) to (13).
As amended January 15, 1987- 12.(18) Within the lands adjacent to Pauline Cove, the historic resources shall be protected in a manner no less stringent than that of the regime of a National Historic Park as set out in the National Parks Act.
- 12.(19) Any development activity proposed within the lands adjacent to Pauline Cove shall be subject to:
- (a) the screening and review process set out in section 11; and
- (b) the criteria set out in subsection (23) shall apply; and
- (c) the terms and conditions governing such development shall be no less stringent than those under the Territorial Land Use Regulations in force at the time.
Subsection as amended January 15, 1987 - (b) the criteria set out in subsection (23) shall apply; and
- 12.(17) Except for the lands adjacent to Pauline Cove, the park regime on Herschel Island shall be no less stringent than that of the National Park pursuant to subsections (5) to (13).
Area East of the Babbage River
- 12.(20) The parties agree that the area east of the Babbage River
extending to the jurisdictional boundary between the Yukon Territory and
the Northwest Territories, but not including the adjacent nearshore and
offshore waters, shall be designated as an area in which controlled development
may take place, subject to the provisions of this Agreement and to laws
of general application.
- 12.(21) Any development activity proposed for the area referred to in subsection (20) shall be subject to the screening and review process set out in section 11.
- 12.(22) Any development activity proposed for the adjacent nearshore and offshore waters shall be subject to the normal government process and the wildlife compensation provisions of section 13.
- 12.(23) The appropriate review board shall take into account the following criteria in its consideration of any development proposal:
- (a) analysis of the significance of the part or parts of the Yukon
North Slope proposed for development use from the standpoint of conservation
and harvesting interests;
- (b) evaluation of practical alternative locations and of the relative commercial and economic merits of and environmental impact on such locations compared to the part or parts of the area proposed for utilisation in the application;
- (c) evaluation of the environmental and social impacts of the proposed development;
- (d) weighing of the interests of users, conservationists and harvesters in the Yukon North Slope against public convenience and necessity for development;
- (e) evaluation of the ability of the applicant to demonstrate that he has, or will acquire, the proven capability to carry out the project in accordance with established standards of performance, safeguards and other requirements and to carry out the necessary environmental mitigation and restoration; and
- (f) requirements for effective machinery to ensure that the development proceeds in accordance with any established terms and conditions.
- (b) evaluation of practical alternative locations and of the relative commercial and economic merits of and environmental impact on such locations compared to the part or parts of the area proposed for utilisation in the application;
- 12.(21) Any development activity proposed for the area referred to in subsection (20) shall be subject to the screening and review process set out in section 11.
- 12.(24) Subject to the laws of general application respecting public
safety and conservation, the Inuvialuit right to harvest on the Yukon North
Slope includes:
- (a) subject to the collective harvesting rights in favour of all native
peoples under the Porcupine Caribou Management Agreement referred to
in Annex L, the preferential right to harvest all species of wildlife,
except migratory non-game birds and migratory insectivorous birds, for
subsistence usage throughout the Yukon North Slope;
- (b) the exclusive right to harvest furbearers and polar bear; and
- (c) the exclusive right to harvest game within the National Park, the Territorial Park and adjacent islands.
- (b) the exclusive right to harvest furbearers and polar bear; and
- 12.(25) Where harvesting rights are extended to other native peoples pursuant to subsection (33) and subsections 14(17) and (18), their requirements as to subsistence usage shall be taken into account in setting subsistence quotas and the subsistence requirements of all native peoples shall be accommodated within conservation limits.
- 12.(26) Sport fishing shall be permitted throughout the Yukon North Slope including the National Park and the Territorial Park.
- 12.(27) Where, in the exercise of their exclusive right to harvest game within the National Park and the Territorial Park, the Inuvialuit wish to permit:
- (a) persons who are not beneficiaries of the Settlement or adjacent
land claims settlements to harvest any such game, prior approval of
the appropriate minister is required and that minister may grant the
privilege on any terms and conditions he stipulates; and
As amended January 15, 1987
- (b) persons who are beneficiaries of adjacent land claims settlements to harvest any such game, those persons, if so permitted, may harvest game on the same basis as the Inuvialuit.
- 12.(28) Where, in the exercise of their exclusive right to harvest polar bear in the Yukon North Slope outside the National Park, the Inuvialuit permit persons who are not beneficiaries of the Inuvialuit Settlement or adjacent land claims settlements to harvest any such polar bear, the harvesting shall be regulated by the competent authority under the laws of general application.
- 12.(29) Where, in the exercise of their exclusive right to harvest furbearers in the Yukon North Slope outside the National Park, the Inuvialuit permit non-Inuvialuit to harvest any such furbearers, the harvesting shall be subject to any approval or notification required by the appropriate government and shall be regulated by the competent authority under the laws of general application.
- 12.(30) For greater certainty, the Inuvialuit shall make no gain or profit from the granting of permission to non-Inuvialuit to harvest furbearers except where it is part of a reciprocal arrangement with beneficiaries from an adjacent land claims settlement.
- 12.(31) The Inuvialuit may trade and barter game products with other Inuvialuit beneficiaries in the Yukon North Slope.
- 12.(32) Subject to the provisions of the Migratory Birds Convention Act and any regulations thereunder, the Inuvialuit may for subsistence usage sell game products to other Inuvialuit beneficiaries in the National Park.
- 12.(33) Where native beneficiaries in adjacent land claims settlements acquire rights to game resources within the Yukon North Slope on the basis of traditional use and occupancy, those beneficiaries shall be entitled to exchange game products with the Inuvialuit on the same basis as that provided for the Inuvialuit under this Agreement.
- 12.(34) Where, in the final settlement of the land claims of adjacent native groups, provision is made for the exchange of game products with the Inuvialuit, the right of the Inuvialuit to exchange amongst themselves shall be extended to those other native beneficiaries.
- 12.(35) Subject to the provisions of the Migratory Birds Convention Act, any regulations thereunder and other similar laws of general application, the right to harvest includes the right to sell the non-edible products of legally harvested game.
- 12.(36) The right to harvest game includes the right to use present and traditional methods of harvesting and the right to possess and use all equipment reasonably needed to exercise that right, subject to international agreements to which Canada is a party and to laws of general application respecting public safety and conservation. The right to harvest game includes the right to possess and transport legally harvested game within and between the Yukon Territory and the Northwest Territories.
- 12.(37) Subject to subsection (38), the right to harvest game includes the right to travel and establish camps as necessary to exercise that right.
- 12.(38) In the National Park referred to in subsection (5) and the Territorial Park referred to in subsection (16) the Inuvialuit have the right to use existing hunting, fishing and trapping facilities associated with their game harvesting activities and to establish new facilities after consultation with the management authority. The location of new facilities shall be determined on the basis of the management objectives for these parks.
As amended January 15, 1987- 12.(39) The Inuvialuit need not obtain permits, licences or other authorization to harvest wildlife but may be required to show proof of status as Inuvialuit beneficiaries. Where, for the purpose of conservation, permits, licences or other authorizations are required by the appropriate minister or on the recommendation of the Wildlife Management Advisory Council, Fisheries Joint Management Committee, or the Porcupine Caribou Management Board, the Inuvialuit shall have the right to receive such permits, licences or other authorizations from the local authority at no cost.
As amended January 15, 1987- 12.(40) Nothing in this Agreement or the Settlement Legislation shall prevent any person from taking game for survival in an emergency.
- 12.(41) Within their respective jurisdictions, governments shall determine the harvestable quotas for wildlife species based on the principles of conservation and the following procedures:
- (a) the Wildlife Management Advisory Council (North Slope) established
by subsection (46) shall determine the total allowable harvest for game
according to conservation criteria and such other factors as it considers
appropriate. The Council shall make its recommendations to the appropriate
minister, who shall, if he differs in opinion with the Council, set
forth to the Council his reasons and afford the Council a further consideration
of the matter;
- (b) in determining the total allowable harvest, conservation shall be the only consideration. For greater certainty, where the Inuvialuit have the exclusive right to harvest, they shall be entitled to harvest the total allowable harvest;
- (c) for the purposes of management and in order to protect the interest of the Inuvialuit harvesters, subsistence quotas for the wildlife referred to in paragraph (24)(a) shall be jointly established by the Inuvialuit and the governments having jurisdiction over species or species groups of subsistence value, as follows:
- (i) within the total allowable harvest for game, the Wildlife
Management Advisory Council (North Slope) shall determine the subsistence
quotas according to the criteria and factors it considers appropriate
in addition to those referred to in subparagraph (ii). The Council
shall make its recommendations to the appropriate minister, who
shall, if he differs in opinion from the Council, set forth to the
Council his reasons and afford the Council further consideration
of the matter, and
- (ii) in determining the subsistence quota, the following criteria shall be taken into account by the Council or, where appropriate, by the Porcupine Caribou Management Board, and the appropriate minister:
- (A) the food and clothing requirements of the Inuvialuit,
- (B) the usage patterns and levels of harvest of the Inuvialuit,
- (C) the requirements for particular wildlife species for subsistence usage,
- (D) the availability of wildlife populations to meet subsistence usage requirements including the availability of species from time to time,
- (E) the projections for changes in wildlife populations, and
- (F) the national and international obligations of Canada with respect to migratory game birds;
(F) as amended January 15, 1987 - (B) the usage patterns and levels of harvest of the Inuvialuit,
- (ii) in determining the subsistence quota, the following criteria shall be taken into account by the Council or, where appropriate, by the Porcupine Caribou Management Board, and the appropriate minister:
- (d) the allocation of the Inuvialuit quotas amongst themselves shall be the responsibility of the Inuvialuit.
- (b) in determining the total allowable harvest, conservation shall be the only consideration. For greater certainty, where the Inuvialuit have the exclusive right to harvest, they shall be entitled to harvest the total allowable harvest;
- 12.(42) The parties agree that the predominant number of persons
employed in the operation and management of the parks referred to in subsections
(5) and (16) should be Inuvialuit. The appropriate government shall provide
training to assist the Inuvialuit in qualifying for such employment.
- 12.(43) To the extent that the management regime of the said parks provides for economic activities, the parties agree that opportunities should be provided to the Inuvialuit on a preferred basis.
As amended January 15, 1987- 12.(44) The Inuvialuit shall be invited to participate in the planning process for any development on the lands available for development adjacent to Pauline Cove on Herschel Island, and in the economic opportunities arising out of such development. Subject to all applicable laws, the Inuvialuit shall have the right of first refusal with respect to any activities in the nature of guiding related to wildlife within the Yukon North Slope.
- 12.(45) The Inuvialuit and the Council for Yukon Indians may enter into bilateral agreements such as the agreement dated March 15, 1984 between the Council for Yukon Indians and the Inuvialuit, whereby the native groups may share in the rights, privileges and benefits afforded Inuvialuit beneficiaries in the Yukon North Slope.
- 12.(43) To the extent that the management regime of the said parks provides for economic activities, the parties agree that opportunities should be provided to the Inuvialuit on a preferred basis.
Wildlife Management Advisory Council (North Slope)
- 12.(46) In order to provide for joint planning by the native people
and the governments in the Yukon North Slope with respect to the principles
set out in subsections (2) and (3), a Wildlife Management Advisory Council
shall be established as soon after the execution of this Agreement as is
practicable.
- 12.(47) The Council shall have as permanent members a Chairman and an equal number of native and government members.
- 12.(48) The permanent members of the Council shall include at least one person designated by the Government of the Yukon Territory and one person designated by the Minister of the Environment of Canada.
- 12.(49) In addition to permanent members of the Council representing government, temporary members may be co-opted from government departments as they may be required from time to time.
- 12.(50) The permanent members of the Council appointed to represent the native interests shall include persons designated by the Inuvialuit, and, subject to agreements, by other native groups that have acquired harvesting rights in the Yukon North Slope under their land claims settlements.
- 12.(51) The Chairman of the Council shall be appointed by the Government of the Yukon Territory, with the consent of the native members and Canada.
- 12.(52) The permanent members of the Council shall each have one (1) vote. The Chairman shall have a vote only in case of a deadlock. Temporary members shall not have a vote.
- 12.(53) The Council may establish rules and adopt by-laws regulating its procedures.
- 12.(54) The Government of the Yukon Territory agrees to provide a secretariat to assist in meeting the administrative needs of the Council.
- 12.(55) Each party shall pay the remuneration and expenses of the members of the Council that it appoints or designates.
- 12.(56) The Council shall provide advice to the appropriate minister on all matters relating to wildlife policy and the management, regulation and administration of wildlife, habitat and harvesting for the Yukon North Slope and, without restricting the generality of the foregoing, the Council shall:
- (a) provide advice on issues pertaining to the Yukon North Slope to
the Porcupine Caribou Management Board, the Yukon Land Use Planning
Commission, the Review Board and other appropriate groups;
- (b) prepare a wildlife conservation and management plan for the Yukon North Slope for recommendation to the appropriate authorities as a means for achieving and maintaining the principles of conservation set out in subsections (2) and (3);
- (c) determine and recommend appropriate quotas for Inuvialuit harvesting of game in the Yukon North Slope; and
- (d) advise on measures required to protect habitat that is critical for wildlife or harvesting including those referred to in subsection 14(3).
As amended January 15, 1987 - (b) prepare a wildlife conservation and management plan for the Yukon North Slope for recommendation to the appropriate authorities as a means for achieving and maintaining the principles of conservation set out in subsections (2) and (3);
- 12.(47) The Council shall have as permanent members a Chairman and an equal number of native and government members.
Yukon North Slope Annual Conference
- 12.(57) There shall be a Yukon North Slope Annual Conference, to
be held once a year in the Yukon Territory, to promote public discussion
among natives, governments, and the private sector with respect to management
co-ordination for the Yukon North Slope.
- 12.(58) Each Yukon North Slope Annual Conference shall be attended by representatives of native groups with an interest in the Yukon North Slope, at least one senior official from each appropriate government department and representatives of other interested parties, as selected by the Chairman, including industry and special interest groups.
- 12.(59) A Chairman shall be named at each Yukon North Slope Annual Conference to hold office until the next Annual Conference. The first Chairman shall be appointed by the Government of the Yukon Territory, the second Chairman shall be appointed by the native groups that have an interest in the Yukon North Slope and, thereafter, the Chairman shall be appointed by those parties on an alternative basis.
- 12.(60) The Government of the Yukon Territory agrees to provide administrative support services for the Yukon North Slope Annual Conference.
- 12.(61) During the third Yukon North Slope Annual Conference, Canada, the Government of the Yukon Territory and the Inuvialuit shall collectively review the proceedings and results of past Conferences and determine whether the objective in having such Conferences warrants their continuation and, where the Conferences are continued, such a review shall be carried out every three years thereafter.
- 12.(58) Each Yukon North Slope Annual Conference shall be attended by representatives of native groups with an interest in the Yukon North Slope, at least one senior official from each appropriate government department and representatives of other interested parties, as selected by the Chairman, including industry and special interest groups.