First Nation of Na'cho N'y'ak Dun Final Agreement

Na'cho N'y'ak Dun 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 - The McArthur Game Sanctuary
1.0 Agreement

Schedule B - The Horseshoe Slough Habitat Protection Area
1.0 Establishment
2.0 Fish and Wildlife
3.0 Forest Resources
4.0 Management Plan
5.0 Implementation

Schedule C - The Peel River Watershed
1.0 Peel River Watershed Advisory Committee
2.0 Peel River Watershed

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 - THE MCARTHUR GAME SANCTUARY

1.0 Agreement

1.1 Government and the First Nation of Na'cho N'y'ak Dun shall enter into negotiations with the Selkirk First Nation, at its request, with a view to concluding an agreement establishing the McArthur Game Sanctuary as a Special Management Area.

1.1.1 The agreement to establish the Special Management Area may vary the boundaries of the Special Management Area from those existing for the McArthur Game Sanctuary.

1.2 The agreement to establish the Special Management Area shall be included in this schedule without any further action by the parties to this Agreement.

SCHEDULE B - THE HORSESHOE SLOUGH HABITAT PROTECTION AREA

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.

SCHEDULE C - THE PEEL RIVER WATERSHED

1.0 Peel River Watershed Advisory Committee

1.1 A Peel River Watershed Advisory Committee ("the Committee") shall be established at the date of the Legislation giving effect to the Gwich'in Final Agreement and shall continue for a period of not more than two years from that date, unless the parties to this Agreement and the Tetlit Gwich'in otherwise agree.

1.2 The composition of the Committee shall be as follows:

1.2.1 the Committee shall include at least one nominee of each of the First Nation of Na'cho N'y'ak Dun, the Tetlit Gwich'in, Canada, the Yukon and the Government of the Northwest Territories; and

1.2.2 fifty percent of the members of the Committee shall be nominees of the Tetlit Gwich'in or the First Nation of Na'cho N'y'ak Dun, and 50 percent shall be nominees of Canada, the Yukon or the Government of the Northwest Territories.

1.3 The Committee shall consider and make recommendations respecting:

1.3.1 the establishment of a water management agreement for the Peel River Watershed;

1.3.2 the establishment of a Regional Land Use Planning Commission or similar agency within Yukon for any area which includes the Peel River Watershed; and

1.3.3 the need for, and establishment of, Special Management Areas, or protected areas, as defined in the Gwich'in Final Agreement, in the Peel River Watershed and Arctic Red River Watershed.

1.4 The Committee shall not consider or make recommendations concerning any matter where:

1.4.1 another body is empowered to consider and make recommendations to government on that matter, and

1.4.2 that other body has representation by all the parties described in 1.2.1, which representation is subject to the same limitations set out in 1.7 and 1.8.

1.5 Canada shall consider the recommendations of the Committee.

1.6 The Committee may establish its own rules of procedure.

1.7 The Committee member nominated by the Yukon shall not participate when the Committee is considering or making recommendations on any matter solely within the jurisdiction of the government of the Northwest Territories.

1.8 The Committee member nominated by the government of Northwest Territories shall not participate when the Committee is considering or making recommendations on any matter solely within the jurisdiction of the Yukon.

1.9 The costs of the Committee shall be the responsibility of Canada. The Committee shall prepare an annual budget subject to review and approval of Canada.

1.10 The Committee may carry out its functions notwithstanding the failure of a party to nominate a Committee member.

2.0 Peel River Watershed

2.1 For the purposes of this schedule, the Peel River Watershed excludes areas of overlap with the Traditional Territories of the Dawson First Nation and the Vuntut Gwitchin First Nation.