Teslin
Tlingit 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 - Nisutlin River Delta National Wildlife Area
1.0
Objectives
2.0
Definitions
3.0
Establishment
4.0
Fish and Wildlife
5.0
Forest Resources
6.0
Management of the Area
7.0
Management Plan Implementation
8.0
Management Plan
9.0
Review and Amendments
10.0
Site Specifics
- 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.
- 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.
- (a) national wildlife areas;
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.
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- 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.
- 10.3.4 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.
10.4.0 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.
- 10.4.2.2 may address the economic and employment opportunities and benefits for the affected Yukon First Nation;
- 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.
- 10.5.2 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.
10.6.0 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 - NISUTLIN RIVER DELTA NATIONAL WILDLIFE AREA
1.0 Objectives
- 1.1 The objectives of this schedule are as follows:
- 1.1.1 to establish a national wildlife area in the Nisutlin
River delta to conserve nationally and locally important Wildlife and
Wildlife habitat for the benefit of all Canadians;
- 1.1.2 to recognize and protect the traditional and current use of the Area by Teslin Tlingit;
- 1.1.3 to protect the full diversity of Wildlife populations and their habitats from activities which could reduce the land's capability to support Wildlife; and
- 1.1.4 to encourage public awareness of and appreciation for the natural resources of the Area.
- 1.1.2 to recognize and protect the traditional and current use of the Area by Teslin Tlingit;
- In this schedule, the following definition shall apply.
- "Forest Resources" has the same meaning as in Chapter 17 - Forest Resources.
- 3.1 Canada shall establish a national wildlife area in the Nisutlin
River delta (the "Area") pursuant to the Canada Wildlife Act,
R.S.C. 1985, c. W-9 on the Effective Date of this Agreement.
- 3.2 The boundaries of the Area shall be as set out on map, Nisutlin River Delta National Wildlife Area, (NRDNWA), in Appendix B - Maps, which forms a separate volume to this Agreement.
- 3.3 No land forming part of the Area shall be removed from national wildlife area status under the Canada Wildlife Act, R.S.C. 1985, c. W-9, without the consent of the Teslin Tlingit Council.
- 3.2 The boundaries of the Area shall be as set out on map, Nisutlin River Delta National Wildlife Area, (NRDNWA), in Appendix B - Maps, which forms a separate volume to this Agreement.
- 4.1 Teslin Tlingit 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.
- 5.1 Teslin Tlingit shall have the right, during all seasons of
the year, to harvest Forest Resources in the Area for purposes incidental
to:
- 5.1.2 the exercise of their traditional pursuits of hunting,
fishing, trapping and gathering; and
- 5.1.3 the practice of their traditional customs, culture and religion or for the traditional production of handicrafts and implements.
- 5.1.3 the practice of their traditional customs, culture and religion or for the traditional production of handicrafts and implements.
- 5.2 The right provided by 5.1 is subject to the provisions of 17.3.2, 17.3.3, 17.3.4.1, 17.3.4.2 and 17.3.6 of Chapter 17 - Forest Resources.
- 6.1 Except as otherwise provided in this schedule, the Area shall
be managed in accordance with the Canada Wildlife Act, R.S.C. 1985,
c. W-9, and the management plan established for the Area pursuant to 7.0,
as approved by the Minister.
- 6.2 The responsible agencies, and the Board and Councils, shall make best efforts to coordinate the management of Fish and Wildlife populations which cross the boundary of the Area.
- 6.3 Mining, prospecting and locating of mines and minerals 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 shall not be permitted in the Area except under the terms and conditions which are consistent with the Canada Wildlife Act, R.S.C. 1985, c. W-9 and the approved management plan.
- 6.2 The responsible agencies, and the Board and Councils, shall make best efforts to coordinate the management of Fish and Wildlife populations which cross the boundary of the Area.
7.0 Management Plan Implementation
- 7.1 The management plan for the Area shall be prepared jointly
by the Teslin Renewable Resources Council and the Canadian Wildlife Service
and recommended to the Minister within 22 months of the Effective Date of
this Agreement.
- 7.1.1 If the Teslin Renewable Resources Council and the Canadian Wildlife Service are unable to agree within 22 months on part or all of the contents of the management plan, they shall, within a further period not exceeding 60 days, jointly identify the outstanding matters and refer them to the Minister together with that part, if any, of the management plan which has been prepared and is being recommended.
- 7.2 The Minister shall consider and decide the matters recommended or referred to the Minister pursuant to 7.1 within 60 days of the recommendation or referral.
- 7.3 The Minister may extend the time provided in 7.2 by 30 days.
- 7.4 The Minister shall forward his decision under 7.2 to the Teslin Renewable Resources Council and to the Canadian Wildlife Service in writing and the plan shall be implemented in accordance with 6.1.
- 7.5 Government shall implement as soon as practicable the management plan established pursuant to 7.0.
- 8.1 The management plan shall include recommendations respecting
the regulation of recreational land use in the Area for the purpose of minimizing
land use conflicts and negative environmental impacts.
- 8.2 In preparing the management plan, the Teslin Renewable Resources Council and the Canadian Wildlife Service shall take into account the traditional and current use of the Area by Teslin Tlingit.
- 8.3 The development of the management plan shall include a process for public consultation.
- 8.2 In preparing the management plan, the Teslin Renewable Resources Council and the Canadian Wildlife Service shall take into account the traditional and current use of the Area by Teslin Tlingit.
- 9.1 The management plan shall be reviewed jointly by Government
and the Teslin Renewable Resources Council no later than five years after
its initial approval and at least every 10 years thereafter.
- 9.2 Any proposed amendments to the management plan shall be referred before approval to the Teslin Renewable Resources Council for its review and recommendations.
- 9.3 The provisions of 16.8.0 shall apply in respect of any recommendations made pursuant to 9.2.
- 9.2 Any proposed amendments to the management plan shall be referred before approval to the Teslin Renewable Resources Council for its review and recommendations.
- 10.1 Subject to 4.1 and 5.0, the use of Site Specific Settlement Land within the Area may be limited in accordance with the Canada Wildlife Act, R.S.C. 1985, c. W-9, and the approved management plan for the Area.