Selkirk First Nation Final Agreement

Selkirk 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 - Ddhaw Ghro Habitat Protection Area
1.0 Objectives
2.0 Definitions
3.0 Sharing Process
4.0 Establishment
5.0 Fish and Wildlife
6.0 Management Plan
7.0 Approval of the Management Plan
8.0 Implementation and Review
9.0 Interim Measures
10.0 Development Assessment and Land Use Planning
11.0 Management of Settlement Lands

Schedule B - Ta'tla Mun Special Management Area
1.0 Objectives
2.0 Definitions
3.0 Commercial and Domestic Fishing Licenses
4.0 Fish and Wildlife
5.0 Management Plan
6.0 Economic Opportunities
7.0 Approval of the Management Plan
8.0 Implementation and Review

Schedule C - Lhutsaw 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 of the Management Plan
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.

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 - DDHAW GHRO HABITAT PROTECTION AREA

1.0 Objectives

1.1 The objectives of this schedule are:

1.1.1 to establish the Ddhaw Ghro Habitat Protection Area (the "Area") to conserve and protect important Fish and Wildlife and Fish and Wildlife habitat for the benefit of all Yukon people;

1.1.2 to recognize and protect the use of the Area by the Selkirk People and Na'cho N'y'ak Dun and to facilitate their interest in sharing the Area with Little Salmon/Carmacks People and other Yukon Indian People;

1.1.3 to provide for the management and protection of the Area;

1.1.4 to protect the full diversity of Wildlife populations and their habitats in the Area from activities which could reduce the Area's capability to support Wildlife; and

1.1.5 to encourage public awareness of and appreciation for the natural resources of the Area.

2.0 Definitions

In this schedule, the following definitions shall apply.

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

"Little Salmon/Carmacks People" has the same meaning as in the Little Salmon/Carmacks First Nation Final Agreement.

"Na'cho N'y'ak Dun" has the same meaning as in the First Nation of Na'cho N'y'ak Dun Final Agreement.

"Na'cho N'y'ak Dun Firm" has the same meaning as in the First Nation of Na'cho N'y'ak Dun Final Agreement.

3.0 Sharing Process

3.1 For greater certainty, the Selkirk First Nation may cause any of its rights, obligations and liabilities set out in this schedule to be held or performed on its behalf by an entity comprised of the Selkirk First Nation, the First Nation of Na'cho N'y'ak Dun, the Little Salmon/Carmacks First Nation or other Yukon First Nations, in accordance with 2.11.7 of Chapter 2 - General Provisions.

4.0 Establishment

4.1 The boundaries of the Area shall be as set out on map "Ddhaw Ghro Habitat Protection Area, (DGHPA)" in Appendix B - Maps, which forms a separate volume to this Agreement and which for greater certainty includes Parcel S-60B/D and excludes Parcels R-27A and S-116A/D.

4.2 Canada shall transfer to the Commissioner of the Yukon Territory the administration and control of Crown Land within 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.

4.3 As soon as practicable after the transfer referred to in 4.2, the Yukon shall designate the Area as a protected habitat area pursuant to the Wildlife Act, R.S.Y. 1986, c.178.

4.4 The designation as a protected habitat area shall not be removed from any part of the Area except with the agreement of Government, the Selkirk First Nation and the First Nation of Na'cho N'y'ak Dun.

4.5 Government, the Selkirk First Nation and the First Nation of Na'cho N'y'ak Dun may agree to expand the boundaries of the Area.

4.5.1 The boundaries of the Area shall not be altered except with the agreement of Government, the Selkirk First Nation and the First Nation of Na'cho N'y'ak Dun.

4.5.2 Government, the Selkirk First Nation or the First Nation of Na'cho N'y'ak Dun may, at any time, request the others to consider an expansion to the boundaries of the Area, in which case the parties shall, within 90 days of receiving the request, advise each other of the manner in which each wishes to address the request.

4.5.3 The identification of any expanded boundaries shall be guided by the objectives of and considerations consistent with this schedule.

4.5.4 Except as provided for under 4.5.5, the provisions of this schedule shall apply to any area added as a result of the boundary expansion (the "Additional Area").

4.5.5 The public harvesting of Wildlife in the Additional Area shall be addressed in the agreement to expand the boundaries.

4.5.6 The Additional Area may, for the purposes of this schedule, be designated by a name other than Ddhaw Ghro Habitat Protection Area.

4.6 Subject to 4.6.1, 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 under 7.0, whichever is earlier.

4.6.1 The withdrawal shall be subject to:

4.6.1.1 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;

4.6.1.2 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;

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

4.6.1.4 new licenses, permits or other rights which may be granted in respect of an interest described in 4.6.1.1, 4.6.1.2, or 4.6.1.3.

5.0 Fish and Wildlife

5.1 The public harvesting of Wildlife shall be prohibited within the Area.

5.2 For greater certainty:

5.2.1 the Selkirk First Nation, Selkirk People, the First Nation of Na'cho N'y'ak Dun and Na'cho N'y'ak Dun have, within the Area, all rights set out in Chapter 16 - Fish and Wildlife, of the Selkirk First Nation Final Agreement and of the First Nation of Na'cho N'y'ak Dun Final Agreement, respectively; and

5.2.2 Little Salmon/Carmacks People have the right to harvest within the Area in accordance with 16.4.0 with the consent of the Selkirk First Nation or the First Nation of Na'cho N'y'ak Dun pursuant to 16.5.0 of Chapter 16 - Fish and Wildlife, of this Agreement or of the First Nation of Na'cho N'y'ak Dun Final Agreement, as the case may be.

6.0 Management Plan

6.1 A management plan shall be prepared for the Area.

6.2 A steering committee shall be established to prepare the management plan referred to in 6.1.

6.2.1 The steering committee shall be comprised of six members of whom two shall be nominated by Government, two shall be nominated by the Selkirk First Nation and two shall be nominated by the First Nation of Na'cho N'y'ak Dun.

6.2.2 Upon request by the steering committee, Government, the Selkirk First Nation and the First Nation of Na'cho N'y'ak Dun shall make available to the steering committee information in their possession reasonably required for the steering committee to carry out its functions under this schedule.

6.3 The management plan shall be consistent with the objectives of this schedule.

6.4 The steering committee shall consider and the management plan may address matters pertaining to the management of the Area including:

6.4.1 Fish and Wildlife management and protection;

6.4.2 the necessity for inventories of Wildlife and habitat;

6.4.3 habitat management and protection;

6.4.4 land use;

6.4.5 recreational use;

6.4.6 access to and use of the Area for commercial wilderness purposes;

6.4.7 harvesting of Forest Resources;

6.4.8 scientific research;

6.4.9 traditional knowledge, customs and culture of Yukon Indian People in connection with the Area;

6.4.10 the role and views of Yukon First Nation elders in the development of the management plan;

6.4.11 measures to enhance public awareness and appreciation of the Area;

6.4.12 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, from exploration and development under the Canada 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;

6.4.13 division of the Area into zones for management purposes;

6.4.14 specific economic opportunities for the Selkirk First Nation, Selkirk People, Selkirk Firms, the First Nation of Na'cho N'y'ak Dun, Na'cho N'y'ak Dun and Na'cho N'y'ak Dun Firms; and

6.4.15 permitting or other methods of regulating uses of the Area in accordance with the management plan.

6.5 The preparation of the management plan shall include a process for public consultation, which, for greater certainty, includes consultation with Selkirk People, Na'cho N'y'ak Dun and Little Salmon/Carmacks People.

6.6 The steering committee shall make best efforts to recommend the management plan to the Minister, the Selkirk First Nation and the First Nation of Na'cho N'y'ak Dun within two years of the Effective Date of this Agreement.

6.6.1 If the members of the steering committee are unable to reach agreement on the provisions to be included in the management plan, the Minister, the Selkirk First Nation or the First Nation of Na'cho N'y'ak Dun may refer the matter to dispute resolution pursuant to 26.4.0.

7.0 Approval of the Management Plan

7.1 Within 90 days of receipt of the management plan, the Minister, the Selkirk First Nation and the First Nation of Na'cho N'y'ak Dun shall each decide whether to accept, vary or set aside the provisions set out therein.

7.2 Government, the Selkirk First Nation and the First Nation of Na'cho N'y'ak Dun shall jointly review their decisions under 7.1.

7.3 Where the provisions set out in the management plan are accepted by the Minister, the Selkirk First Nation and the First Nation of Na'cho N'y'ak Dun, such management plan shall be the "Approved Management Plan".

7.4 Where the Minister, the Selkirk First Nation and the First Nation of Na'cho N'y'ak Dun do not agree on the provisions set out in the management plan, any of them may refer the matter to the dispute resolution process under 26.4.0.

7.5 In the event the dispute referred to the dispute resolution process under 7.4 is not resolved, the Minister may accept, vary or set aside the provisions set out in the management plan and the decision of the Minister shall be forwarded to the Selkirk First Nation and to the First Nation of Na'cho N'y'ak Dun.

7.6 The management plan accepted pursuant to the process set out in 7.4 or decided upon under 7.5 shall be the "Approved Management Plan".

8.0 Implementation and Review

8.1 The Area shall be managed in accordance with the Wildlife Act, R.S.Y. 1986, c.178 and the Approved Management Plan.

8.2 Government, the Selkirk First Nation and the First Nation of Na'cho N'y'ak Dun shall consider and may develop mechanisms or enter into agreements to facilitate co-operative implementation and monitoring of the Approved Management Plan.

8.3 Government, the Selkirk First Nation and the First Nation of Na'cho N'y'ak Dun shall jointly review the Approved Management Plan and its implementation no later than five years after its initial approval and shall consider the need for review at least every five years thereafter, provided that there shall be a joint review at least every 10 years.

9.0 Interim Measures

9.1 In the period prior to the implementation of the Approved Management Plan, the Area shall be managed in a manner consistent with the objectives of this schedule.

10.0 Development Assessment and Land Use Planning

10.1 In carrying out their functions under Chapter 12 - Development Assessment, the Yukon Development Assessment Board and a Designated Office shall consider the Approved Management Plan.

10.2 In developing a land use plan which includes all or part of the Area, a Regional Land Use Planning Commission shall consider the Approved Management Plan.

11.0 Management of Settlement Land

11.1 The Selkirk First Nation shall manage Parcel R-27A in a manner consistent with the objectives set out in 1.1.1 through 1.1.4 of this schedule.

SCHEDULE B - TA'TLA MUN SPECIAL MANAGEMENT AREA

1.0 Objectives

1.1 The objectives of this schedule are:

1.1.1 to ensure Conservation in the management and use of the Freshwater Fish resources and their habitat in the lake known as Ta'tla Mun, which lake is shown approximately on map "Ta'tla Mun Special Management Area,(TMSMA)" in Appendix B - Maps, which forms a separate volume to this agreement ("Ta'tla Mun");

1.1.2 to enhance and promote the full participation of the Selkirk First Nation and Selkirk People in the management of the Freshwater Fish resources in Ta'tla Mun;

1.1.3 to integrate the relevant knowledge and experience of both Selkirk People and the scientific communities in respect of Ta'tla Mun in order to achieve Conservation;

1.1.4 to recognize the importance of Ta'tla Mun to Selkirk People and to protect the use of Ta'tla Mun by Selkirk People;

1.1.5 to facilitate the priority of the Freshwater Fish food needs of Selkirk People over other uses of Ta'tla Mun;

1.1.6 to provide quality Sport Fishing opportunities in Ta'tla Mun; and

1.1.7 to deal fairly with all users of Ta'tla Mun.

2.0 Definitions

In this schedule the following definitions shall apply.

"Commercial Fishing License" has the meaning assigned in the Yukon Territory Fishery Regulations.

"Domestic Fishing License" has the meaning assigned in the Yukon Territory Fishery Regulations.

"Sport Fishing" has the meaning assigned in the Yukon Territory Fishery Regulations.

"Ta'tla Mun Sport Fishing License" means the license referred to in section 7(1)(b) and Schedule III of the Yukon Territory Fishery Regulations required to engage in Sport Fishing at Ta'tla Mun.

3.0 Commercial and Domestic Fishing Licenses

3.1 Unless otherwise agreed by Government and the Selkirk First Nation, Government shall not issue any Commercial Fishing Licenses or Domestic Fishing Licenses for Ta'tla Mun.

4.0 Fish and Wildlife

4.1 For greater certainty, the Selkirk First Nation and Selkirk People have, in respect of Ta'tla Mun, all the rights set out in Chapter 16 - Fish and Wildlife.

5.0 Management Plan

5.1 A management plan shall be prepared for Ta'tla Mun.

5.2 A steering committee shall be established to prepare the management plan referred to in 5.1.

5.2.1 The steering committee shall be comprised of four members of whom two shall be nominated by Government and two shall be nominated by the Selkirk First Nation.

5.3 The steering committee shall make best efforts to recommend the management plan to Government and the Selkirk First Nation within one year of the Effective Date of this Agreement.

5.3.1 If the members of the steering committee are unable to reach agreement on the provisions to be included in the management plan, Government or the Selkirk First Nation may refer the matter to dispute resolution pursuant to 26.4.0.

5.4 The preparation of the management plan shall include a process for public consultation, which for greater certainty includes consultation with Selkirk People.

5.5 The management plan shall be consistent with the objectives of this schedule.

5.6 The steering committee shall consider and the management plan may address any matter pertaining to the management of the Freshwater Fish resources in Ta'tla Mun including:

5.6.1 the maintenance of the priority of the Freshwater Fish food needs of Selkirk People over other uses;

5.6.2 the maintenance of quality Sport Fishing opportunities;

5.6.3 the harvest which might arise from Sport Fishing opportunities;

5.6.4 the necessity, if any, of limiting harvest of Freshwater Fish for the purposes of Conservation, including the steps to be taken to achieve such a limit which steps may include:

(a) the establishment of a maximum number of Ta'tla Mun Sport Fishing Licenses that may be issued annually; or

(b) the placement of conditions on Ta'tla Mun Sport Fishing Licenses;

5.6.5 the availability of Ta'tla Mun Sport Fishing Licenses from the offices of the Selkirk First Nation as well as from Government;

5.6.6 mechanisms by which the Selkirk First Nation and Government shall advise each other of the issuance of any Ta'tla Mun Sport Fishing Licenses;

5.6.7 mechanisms by which the Selkirk First Nation may develop and provide to the holders of Ta'tla Mun Sport Fishing Licenses, information containing the recommendations of the Selkirk First Nation for conduct of those using Ta'tla Mun for Sport Fishing; and

5.6.8 the necessity, if any, for the establishment of a licensing or permitting regime in respect of a sector of the commercial freshwater sport fishing industry applicable at Ta'tla Mun and the necessity, if any, for the placement of limits upon the number of such licenses or permits to be issued in respect of Ta'tla Mun.

6.0 Economic Opportunities

6.1 In the event a licensing or permitting regime in respect of a sector of the commercial freshwater sports fishing industry applicable to Ta'tla Mun is established and Government places a limit upon the number of such licenses or permits to be issued in respect of Ta'tla Mun, the Selkirk First Nation shall have a right of first refusal to acquire a portion of those licenses or permits as follows:

6.1.1 in the first year that Government places the limit, Government shall offer to the Selkirk First Nation in respect of Ta'tla Mun:

6.1.1.1 25 percent of the licenses or permits to be issued, less the number of licenses or permits required to allow existing operations which are held by Selkirk Firms to operate at their then existing level at Ta'tla Mun; or

6.1.1.2 the number of licenses or permits that remain after the then existing operations at Ta'tla Mun have been issued the licenses or permits that are required to allow them to operate at their then existing level,

whichever is less; and

6.1.2 in the second year, and in each year thereafter, Government shall offer to the Selkirk First Nation any new licenses or permits issued from time to time until the Selkirk First Nation and Selkirk Firms together have been issued 25 percent of the licenses or permits issued from time to time.

6.2 In calculating the number of licenses or permits required to be offered to the Selkirk First Nation pursuant to 3.1 of Schedule A, Part II - Allocation of Licenses, Permits and Concessions of Chapter 22 - Economic Development Measures, the total number of licenses or permits to be issued at Ta'tla Mun in respect of a sector of the commercial freshwater sports fishing industry shall be included in the total number of licenses or permits to be issued in the Traditional Territory of the Selkirk First Nation in respect of that sector.

6.3 The number of licenses or permits offered to Selkirk First Nation pursuant to this schedule shall not be included in the calculation of the number of licenses or permits required to be offered to the Selkirk First Nation pursuant to 3.1 of Schedule A, Part II - Allocation of Licenses, Permits and Concessions of Chapter 22 - Economic Development Measures.

6.4 The conditions set out at 4.0 of Schedule A, Part II - Allocation of Licenses, Permits and Concessions of Chapter 22 - Economic Development Measures shall apply, with the exception of 4.13 which shall not apply, to the licenses or permits referred to in 6.0 and the issuance of such licenses or permits.

6.5 Nothing in 6.0 shall be construed to prevent the Selkirk First Nation from acquiring additional licenses or permits in respect of a sector of the commercial freshwater sports fishing industry applicable to Ta'tla Mun in accordance with Laws of General Application.

7.0 Approval of the Management Plan

7.1 Within 90 days of receipt of the management plan, the Minister and the Selkirk First Nation, shall each decide whether to accept, vary or set aside the provisions set out therein.

7.2 Government and the Selkirk First Nation shall jointly review their decisions under 7.1.

7.3 Where the provisions set out in the management plan are accepted by the Minister and the Selkirk First Nation, such management plan shall be the "Approved Management Plan".

7.4 Where the Minister and the Selkirk First Nation do not agree on the provisions set out in the management plan, Government and the Selkirk First Nation shall make reasonable efforts to reach a consensus on the matter, failing which either of them may refer the matter to the dispute resolution process under 26.4.0.

7.5 If the matter referred to the dispute resolution process under 7.4 is not resolved, the Minister may accept, vary or set aside the provisions set out in the management plan and the decision of the Minister shall be forwarded to the Selkirk First Nation.

7.6 The management plan accepted pursuant to the processes set out in 7.4 or decided upon under 7.5 shall be the "Approved Management Plan".

8.0 Implementation and Review

8.1 Ta'tla Mun shall be managed in accordance with the Approved Management Plan.

8.2 Government and the Selkirk First Nation shall consider and may develop mechanisms or enter into agreements to facilitate co-operative implementation and monitoring of the Approved Management Plan.

8.3 Government and the Selkirk First Nation shall jointly review the Approved Management Plan and its implementation no later than three years after its initial approval and shall consider the need for review at least every five years thereafter, provided that there shall be a joint review at least every 10 years.

8.4 In the period prior to the implementation of the Approved Management Plan, Ta'tla Mun shall be managed in a manner consistent with the objectives of this schedule.

SCHEDULE C - LHUTSAW WETLAND HABITAT PROTECTION AREA

1.0 Establishment

1.1 The boundaries of the Lhutsaw Wetland Habitat Protection Area (the "Area") shall be as set out on map "Lhutsaw Wetland Habitat Protection Area, (LWHPA)" 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-3A and the whole of Parcel S-122B and that portion of Non-Settlement Land designated as Lhutsaw Wetland Habitat Protection Area on Territorial Resource Base Maps 115 I/10 and 115 I/15, 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 The designation as a protected habitat area shall not be removed from any part of the Area except with the agreement of Government and the Selkirk First Nation.

1.4 Subject to 1.4.1, Canada shall withdraw the mines and minerals in the Non-Settlement Land portions 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 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 under 5.0, 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 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.

2.0 Fish and Wildlife

2.1 For greater certainty, the Selkirk First Nation and Selkirk People have, within the Area, all rights set out in Chapter 16 - Fish and Wildlife.

2.2 For greater certainty, the powers and responsibilities of Government and of the Selkirk 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 and with the Selkirk First Nation self-government agreement.

3.0 Forest Resources

3.1 In this schedule, "Forest Resources" has the same meaning as in Chapter 17 - Forest Resources.

3.2 The harvesting of Forest Resources in the Area shall be subject to the provisions of the management plan approved pursuant to 5.0.

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 Selkirk First Nation and two shall be nominated by Government.

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

4.3.1 the Conservation of Fish and Wildlife and Fish and Wildlife habitat for the benefit of Yukon residents;

4.3.2 recognition of the importance of the Area to Selkirk People and protection of the use of the Area by Selkirk People;

4.3.3 the protection of the full diversity of Wildlife populations and their habitats from activities that could reduce the Area'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 steering committee shall consider and the management plan may address matters pertaining to the management of the Area including:

4.4.1 Fish and Wildlife management and protection;

4.4.2 habitat management and protection;

4.4.3 land use;

4.4.4 recreational use;

4.4.5 access to and use of the Area for commercial purposes;

4.4.6 harvesting of Forest Resources;

4.4.7 scientific research;

4.4.8 traditional knowledge, customs and culture of Yukon Indian People in connection with the Area;

4.4.9 the role and views of Yukon First Nation elders in the development of the management plan;

4.4.10 measures to enhance public awareness and appreciation of the Area;

4.4.11 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, from exploration and development under the Canada 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.

4.5 The preparation of the management plan shall include a process for public consultation, which for greater certainty includes consultation with Selkirk People.

4.6 The steering committee shall make best efforts to recommend the management plan to the Selkirk First Nation and the Minister within two years of the Effective Date of this Agreement.

4.6.1 If the members of the steering committee are unable to reach agreement on the provisions to be included in the management plan, the Minister or the Selkirk First Nation may refer the matter to dispute resolution pursuant to 26.4.0.

5.0 Approval and Review of the Management Plan

5.1 The Minister and the Selkirk First Nation shall jointly approve the management plan.

5.2 If the Minister and the Selkirk First Nation are unable to agree on the provisions of the management plan, the Minister or the Selkirk 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 resources to be provided in connection with the Area by either the Selkirk First Nation or Government.

5.3 The management plan which is jointly approved pursuant to 5.1 or decided upon pursuant to 5.2 shall be the "Approved Management Plan".

5.4 Government and the Selkirk First Nation shall review the Approved Management Plan no later than five years after its initial approval and no later than every 10 years thereafter.

5.5 Government and the Selkirk First Nation shall refer any proposed amendments to the Approved Management Plan to the Selkirk 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 Prior to the approval of a management plan pursuant to 5.0, the Area shall be managed in accordance with the objectives set out at 4.3.