Vuntut Gwitchin First Nation Final Agreement

Vuntut Gwitchin 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 - Vuntut National Park
1.0 Objectives
2.0 Definitions
3.0 Park Establishment
4.0 Harvesting Rights
5.0 Trapping in the Park
6.0 Role of the Renewable Resources Council
7.0 Park Planning and Management
8.0 Heritage
9.0 Economic and Employment Opportunities
10.0 Other Economic Opportunities
11.0 Limited Entry
12.0 Conditions

Schedule B - Fishing Branch Ecological Reserve
1.0 Establishment
2.0 Fish and Wildlife
3.0 Mines and Minerals
4.0 Management Plan
5.0 Implementation
6.0 Review of the Management Plan
7.0 Management of Adjacent Parcels
8.0 Habitat Protection Area

Schedule C - Old Crow Flats Area
1.0 Establishment
2.0 Fish and Wildlife
3.0 Management Principles
4.0 Existing Oil and Gas Rights and Interests
5.0 Management Plan
6.0 Mines and Minerals
7.0 Implementation and Review

Appendix "I" - List Of Elders, Vuntut Gwitchin First Nation
List Of Elders

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 - VUNTUT NATIONAL PARK

1.0 Objectives

1.1 The objectives of this schedule are as follows:

1.1.1 to recognize Vuntut Gwitchin history and culture, and the rights provided for in this schedule, in the establishment and operation of the Park;

1.1.2 to recognize and protect the traditional and current use of the Park by Vuntut Gwitchin in the development and management of the Park;

1.1.3 to protect for all time a representative natural area of national significance in the Northern Yukon Natural Region, including representative portions of the Old Crow Flats wetlands and the surrounding foothills which contain important waterfowl habitat, critical parts of the Porcupine Caribou range, and archaeological and paleontological resources of international significance;

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

1.1.5 to provide economic and employment opportunities and participation for Vuntut Gwitchin in the development, operation and management of the Park;

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

1.1.7 to recognize the interest of Vuntut Gwitchin in the interpretation of aboriginal place names and Heritage Resources in the Park directly related to the culture of the Vuntut Gwitchin.

2.0 Definitions

In this schedule, the following definitions shall apply.

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

"Council" means the Renewable Resources Council established for the Vuntut Gwitchin First Nation Traditional Territory pursuant to Chapter 16 - Fish and Wildlife.

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

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

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

"Minister" means the Minister of the Government of Canada responsible for the administration of the National Parks Act, R.S.C. 1985, c.N-14.

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

"Northern Yukon National Park" means the existing National Park comprising the western portion of the Yukon North Slope established pursuant to the Inuvialuit Final Agreement.

"Park" means the National Park in the vicinity of Old Crow, Yukon to be named "Vuntut National Park" established in accordance with this agreement and more particularly described as follows:

bounded on the north by the southerly boundary of the Northern Yukon National Park Reserve following the height of land and by the eastward continuation of the height of land; bounded on the west by a line parallel to and 18.288 metres perpendicularly distant eastward from the Canada-United States of America (Yukon-Alaska) boundary; bounded on the south and east by the left bank of the Old Crow River and the right bank of Black Fox Creek, all as depicted on map VNP in Appendix B - Maps, which forms a separate volume to this Agreement.

"Park Management Plan" means the management plan described in the National Parks Act, R.S.C. 1985, c.N-14.

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

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

"Subsistence" means:

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

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

(c) except for traditional production of handicrafts and implements by Vuntut Gwitchin, does not include commercial uses of:

(i) Edible Fish or Wildlife Products;

(ii) Non-Edible By-Products; or

(iii) edible Plant products.

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

"Vuntut Gwitchin First Nation Burial Site" means a place outside a recognized cemetery where the remains of a cultural ancestor of the Vuntut Gwitchin have been interred, cremated or otherwise placed.

3.0 Park Establishment

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

3.2 No lands forming part of the Park shall be removed from National Park status without the consent of the Vuntut Gwitchin First Nation.

4.0 Harvesting Rights

4.1 Subject to 4.22, Vuntut Gwitchin shall have the exclusive right to Harvest for Subsistence within the Park, all species of Fish and Wildlife for themselves and their families in all seasons of the year and in any numbers, subject only to limitations prescribed pursuant to this schedule.

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

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

4.3 Vuntut Gwitchin shall have the right to employ traditional and current methods of, and equipment for, Harvesting pursuant to 4.1, whether limited to an allowable harvest or not, subject to limitations implemented following a recommendation from the Council pursuant to 6.1.2 or 6.1.4, in addition to any other limitations provided in Legislation enacted for purposes of Conservation, public health or public safety.

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

4.5 Vuntut Gwitchin shall have the right to give, trade, barter or sell among themselves, other Yukon Indian People and beneficiaries of adjacent Transboundary Agreements all Edible Fish or Wildlife Products, and edible Plant products Harvested by them for Subsistence pursuant to 4.1, whether limited to an allowable harvest or not, in order to maintain traditional sharing among Vuntut Gwitchin and other Yukon Indian People, and with beneficiaries of adjacent Transboundary Agreements, for domestic purposes but not for commercial purposes.

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

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

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

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

4.8.2 Government shall Consult with the the Vuntut Gwitchin First Nation before imposing a limitation pursuant to 4.8.

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

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

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

4.11.1 the Vuntut Gwitchin First Nation shall decide whether to allocate any part, or all, of that allowable harvest to Vuntut Gwitchin and shall notify the Park superintendent in writing of its decision;

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

4.11.3 the right of a Vuntut Gwitchin to Harvest Freshwater Fish or Wildlife for which an allowable harvest has been established is contingent upon that person being allocated part of the allowable harvest by the Vuntut Gwitchin First Nation.

4.12 The Vuntut Gwitchin First Nation may manage, administer, allocate or otherwise regulate:

4.12.1 the exercise of rights of Vuntut Gwitchin under 4.0, and

4.12.2 the Harvesting by persons who are beneficiaries of adjacent land claims settlements in Canada who have been granted authorization to Harvest within the Park pursuant to 4.22,

where not inconsistent with the regulation of those rights by Government in accordance with 4.8 and other provisions of this schedule.

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

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

4.14 Upon the request of a Park Warden, or other persons with lawful authority, Vuntut Gwitchin, other than the Elders listed in Appendix "I" of this schedule, who are exercising their Harvesting rights in the Park shall show proof of enrollment under this Agreement.

4.15 The Minister, after Consultation with the Council, may require Vuntut Gwitchin to obtain a permit or licence for Harvesting within the Park but no fee or charge shall be imposed by Government for such permit or licence.

4.15.1 Upon the request of the Vuntut Gwitchin First Nation, the Minister, after Consultation with the Council, may allow the Vuntut Gwitchin First Nation to issue the permits or licences referred to in 4.15.

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

4.17 Vuntut Gwitchin shall have the right to retain and maintain existing cabins, and to retain the use of and maintain camps, caches and trails in the Park that are necessary for and are to be used incidental to exercising the Harvesting rights provided for in 4.0.

4.18 Subject to 4.19, Vuntut Gwitchin shall have the right to establish or expand cabins, camps, caches and trails in the Park that are necessary for and are to be used incidental to the exercise of Harvesting rights provided for in 4.0, provided that the location of such cabins, camps, caches and trails conform with the Park Management Plan.

4.19 Vuntut Gwitchin proposing to establish a cabin in the Park shall make a request to the Council.

4.19.1 The Council shall consider the request and determine:

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

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

4.19.2 Following consideration of the request, the Council shall make a recommendation to the Park superintendent.

4.19.3 The provisions of 6.3 to 6.7.2 apply to a recommendation of the Council pursuant to 4.19.2.

4.19.4 Subject to limitations prescribed pursuant to 4.8, the Council and the Park superintendent shall approve the request referred to in 4.19, where the cabin conforms to the Park Management Plan and is necessary for the exercise of Harvesting rights provided for in this schedule.

4.20 Vuntut Gwitchin shall have the right, during all seasons of the year, to harvest Trees in the Park for purposes incidental to the exercise of the Harvesting rights provided for in this schedule.

4.21 Vuntut Gwitchin shall not be charged a user fee or similar charge for entry into or use of the Park for non-commercial purposes or to exercise Harvesting rights under 4.0.

4.22 In accordance with 4.23 and 4.24, on the request of the Vuntut Gwitchin First Nation, the Minister may authorize persons who are not Vuntut Gwitchin to Harvest Fish and Wildlife in the Park.

4.23 Where a request pursuant to 4.22 is on behalf of a person who is not a beneficiary of an adjacent land claims settlement in Canada:

4.23.1 the Vuntut Gwitchin First Nation may recommend to the Minister the terms and conditions under which the authorization should be granted; and

4.23.2 the Minister may grant the authorization on such terms and conditions as the Minister stipulates.

4.24 Where a request pursuant to 4.22 is on behalf of a person who is a beneficiary of an adjacent land claims settlement in Canada and the Minister grants the authorization, that person may Harvest in the Park on the same basis as Vuntut Gwitchin under 4.0.

4.25 The Harvesting of Fish and Wildlife under an authorization granted pursuant to 4.23 or 4.24, shall be subject to the following:

4.25.1 for species for which a Total Allowable Harvest has been established outside the Park, the harvest within the Park by non-Vuntut Gwitchin shall be included in the harvest allocation to the Vuntut Gwitchin First Nation in respect of that species;

4.25.2 caribou harvested shall be counted as part of the allocation, if any, to the Vuntut Gwitchin or the Vuntut Gwitchin First Nation under the 1985 Porcupine Caribou Management Agreement; and

4.25.3 no permit, fee or other charge of any kind may be required or collected by the Canadian Parks Service, the Vuntut Gwitchin First Nation or any Vuntut Gwitchin associated with,

4.25.3.1 requesting authorization from the Minister pursuant to 4.22, or

4.25.3.2 the exercise of Harvesting privileges pursuant to an authorization granted by the Minister under 4.22.

4.26 Notwithstanding anything in this schedule, where there is a conflict between this schedule and the 1987 Canada-USA Agreement on the Conservation of the Porcupine Caribou Herd, or the 1985 Porcupine Management Agreement, those agreements shall prevail to the extent of the conflict. Any amendments to those agreements shall not be construed to diminish or adversely affect the rights of the Vuntut Gwitchin First Nation or the Vuntut Gwitchin under this schedule.

4.27 Employees, contractors and others employed in the development, operation or maintenance of the Park shall not exercise the Harvesting rights provided for in 4.0 or 5.0 while on duty in the course of employment or while in the course of carrying on business in the Park.

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

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

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

5.0 Trapping in the Park

5.1 Subject to 4.22, Vuntut Gwitchin shall have the exclusive right to Harvest Furbearers within the Park in accordance with this schedule for the purpose of selling the pelts.

5.2 The Vuntut Gwitchin First Nation shall be responsible for allocating trapping opportunities in the Park to Vuntut Gwitchin, and for the alignment, realignment and grouping of individual traplines.

5.3 The Vuntut Gwitchin First Nation shall maintain a register of the allocation of trapping opportunities in the Park, and shall provide a copy of that register to the Park superintendent.

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

5.5 Subject to this schedule, Vuntut Gwitchin shall comply with Laws of General Application when participating in commercial Harvesting in the Park.

Vuntut Gwitchin shall have the right to use leg-hold drowning sets for Furbearer Harvesting unless the Minister, upon recommendation of the Council, determines that such sets are inhumane.

6.0 Role of the Renewable Resources Council

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

6.1.1 the management of Heritage Resources within the Park;

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

6.1.3 harvest limits and seasons for Harvesting in the Park;

6.1.4 locations and methods of Harvesting within the Park;

6.1.5 matters related to the development or management of the Park forwarded to the Council by the Minister;

6.1.6 proposed Park boundary adjustments;

6.1.7 development of and revisions to the Park Management Plan;

6.1.8 co-ordinating the management of Fish and Wildlife populations which cross the boundary of the Park with the Fish and Wildlife Management Board, affected Renewable Resources Councils and other responsible agencies; and

6.1.9 existing and proposed Legislation relating to the Park.

6.2 The provisions of 6.3 to 6.7.2 apply to recommendations by the Council pursuant to 6.1.1 to 6.1.4.

6.2.1 The provisions of 6.3 to 6.7.3 apply to recommendations made by the Council pursuant to 6.1.5 to 6.1.9.

6.3 Unless the Minister directs otherwise, all recommendations and decisions of the Council shall be kept confidential until the process in 6.4 to 6.7 has been completed or the time for the process has expired.

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

6.4.1 The Minister may extend the time provided in 6.4 by 30 days.

6.4.2 Nothing in 6.4 shall be construed as limiting the application of 4.8.

6.5 The Council within 30 days of the receipt of a variation, replacement or setting aside by the Minister pursuant to 6.4, shall make a final recommendation and forward it to the Minister with written reasons.

6.5.1 The Minister may extend the time provided under 6.5.

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

6.6.1 The Minister shall provide the Council with notice of the Minister's final decision under 6.6.

6.7 The Government shall, as soon as practicable, implement:

6.7.1 all recommendations of the Council that are accepted by the Minister under 6.4; and

6.7.2 all decisions of the Minister under 6.6.

6.7.3 subject to 6.7.1 and 6.7.2 the recommendations of the Council pursuant to 6.1.1 to 6.1.4 after the expiry of the time provided in the process set out in 6.4 to 6.6.

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

6.9 The Council shall make reasonable provisions for public involvement in the development of its recommendations.

6.10 The Park superintendent or his delegate shall meet annually with the Council to consult on matters relating to the development and management of the Park.

6.10.1 The meeting referred to in 6.10 shall be held in the community of Old Crow, Yukon.

7.0 Park Planning and Management

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

7.2 Any management plan or policy for the Park shall:

7.2.1 recognize the right under this schedule of Vuntut Gwitchin to Harvest for Subsistence;

7.2.2 provide for the protection of Fish and Wildlife and their habitat;

7.2.3 shall place particular emphasis on control, timing and location of visitor activities and means of visitor access to the park in order to provide for visitor safety and avoid conflicts with Harvesting activities of the Vuntut Gwitchin;

7.2.4 shall recognize the traditional and current use of the park by the Vuntut Gwitchin;

7.2.5 shall be consistent with the management principles described in 3.1.1, 3.1.3 and 3.1.4 of Schedule C - Old Crow Flats Area, attached to Chapter 10 - Special Management Areas; and

7.2.6 may address other matters pertaining to the management of the Park.

7.3 Government shall ensure that information it issues regarding the Park shall recognize the long association of Vuntut Gwitchin with the area comprising the Park and their past and present use of it.

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

7.5 Subject to land or facilities being made available in accordance with 7.6, the Canadian Parks Service shall establish the primary visitor reception and information centre and the Park operations centre within the community of Old Crow, Yukon.

7.5.1 The Canadian Parks Service shall Consult with the Council and the Vuntut Gwitchin First Nation before it establishes the primary reception and information centre and the Park operations centre within the community of Old Crow, Yukon.

7.6 The Vuntut Gwitchin First Nation shall make suitable land or facilities available to Government at a fair market price for the establishment of the visitor reception and information centre, the Park operations centre and for housing for Park staff within the community of Old Crow.

7.7 In the event that manipulation of Wildlife populations by way of a controlled hunt is required in the Park, Government shall provide Vuntut Gwitchin with the first opportunity to conduct the hunt in coordination with Park officials, and to use the Wildlife parts and products resulting therefrom in accordance with this schedule.

7.8 Government shall make best efforts to coordinate the management of Fish and Wildlife in the Park with the management of Fish and Wildlife outside the Park by Government and by the Vuntut Gwitchin First Nation on Settlement Land.

8.0 Heritage

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

8.2 The Council may make recommendations to the Minister regarding the management of Heritage Resources in the Park.

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

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

8.5 Government agrees that the Gwitchin language shall be included, where practicable, in any interpretive displays and signs regarding the history and culture of the Vuntut Gwitchin that may be erected in, or related to, the Park.

8.6 When considering the naming or renaming of places or features located within the Park, the responsible agency shall Consult with the Vuntut Gwitchin First Nation.

8.7 There shall be no access by Park visitors to Vuntut Gwitchin First Nation Burial Sites in the Park without the express written consent of the Vuntut Gwitchin First Nation.

8.8 In the development of the Park Management Plan the Canadian Parks Service shall take into account the cultural and heritage significance of the heritage routes and sites within the Park identified in Schedule A - Heritage Routes and Sites, attached to Chapter 13 - Heritage Resources, and on map VGHRAS in Appendix B - Maps, which forms a separate volume to this Agreement.

9.0 Economic and Employment Opportunities

9.1 Within one year of the establishment of the Park, the Canadian Parks Service, after Consultation with the Vuntut Gwitchin First Nation, shall prepare an impacts and benefits plan which shall:

9.1.1 identify potential businesses and employment opportunities that Vuntut Gwitchin may access associated with the establishment, development and operation of the Park;

9.1.2 identify strategies for Vuntut Gwitchin to take advantage of the economic opportunities identified in 9.1.1; and

9.1.3 identify potential negative impacts of the establishment and long term operation of the Park on the Vuntut Gwitchin and strategies for mitigating these potential negative impacts.

9.2 The Canadian Parks Service shall not issue any licences to operate a business in the Park until the impacts and benefits plan referred to in 9.1 has been completed.

Employment

9.3 The Canadian Parks Service, after Consultation with the Vuntut Gwitchin First Nation, shall establish hiring procedures and policies with the objective that, over a reasonable period of time, at least 50 percent of the public service employment positions in the Park be filled by qualified Vuntut Gwitchin.

9.4 The Canadian Parks Service shall include, where appropriate, criteria for knowledge of Vuntut Gwitchin language, culture, and society and traditional knowledge of the Vuntut Gwitchin First Nation Traditional Territory when establishing specifications for any public service employment position for the Park in the Vuntut Gwitchin First Nation Traditional Territory.

9.5 Nothing in 9.4 shall be construed to mean that criteria included in 9.4 shall be the determining criteria in hiring a person.

Contracts

9.6 The Canadian Parks Service shall provide timely written notice to the Vuntut Gwitchin First Nation of any invitation by the Canadian Parks Service respecting contracts for the provision of goods and services in the Vuntut Gwitchin First Nation Traditional Territory for the development, operation and management of the Park.

9.7 The Canadian Parks Service shall provide the Vuntut Gwitchin with a right of first refusal to accept any contract offered by the Canadian Parks Service for the construction or maintenance of trails or facilities in or related to the Park within the Vuntut Gwitchin First Nation Traditional Territory in the following manner:

9.7.1 the Canadian Parks Service shall provide notice to the Vuntut Gwitchin First Nation specifying the terms and conditions of the contract;

9.7.2 the Vuntut Gwitchin First Nation shall have 30 days from the date the notice in 9.7.1 is received to advise the Park superintendent in writing whether it is exercising its right of first refusal under 9.7.

9.7.3 if the Vuntut Gwitchin First Nation does not exercise its right of first refusal under 9.7, the Canadian Parks Service may offer the contract publicly on the same terms and conditions specified in the notice pursuant to 9.7.1; and

9.7.4 if the contract offered publicly is not accepted, the Canadian Parks Service may re-offer the contract on new terms and conditions in accordance with the procedure set out in 9.7.

9.8 For any contracts tendered publicly by the Canadian Parks Service, other than the contracts referred to in 9.7, the Canadian Parks Service shall include, where appropriate, criteria for:

9.8.1 knowledge of Vuntut Gwitchin language, culture, society or traditional knowledge of the Vuntut Gwitchin First Nation Traditional Territory; and

9.8.2 the employment of Vuntut Gwitchin professional services, the use of Vuntut Gwitchin suppliers, on-the-job training or skills development for Vuntut Gwitchin,

in the specifications for the tendering of contracts related to the procurement of goods and services for the Park.

9.9 Nothing in 9.8 shall be construed to mean that a criterion included in 9.8 shall be the determining criterion in awarding any contract.

9.10 Failure to provide timely written notice pursuant to 9.6 and 9.7 shall not affect the public tender process or the contracts resulting therefrom.

Dog Sled Trips

9.11 The Vuntut Gwitchin First Nation shall have the exclusive opportunity to provide commercial dog sled trips that may be permitted in the Park.

10.0 Other Economic Opportunities

10.1 Where a non-Vuntut Gwitchin makes an application to the Canadian Parks Service for a licence to operate a business in the Park which is permitted under the Park Management Plan and which is not subject to the provisions of 11.0, the Vuntut Gwitchin First Nation shall have, in accordance with the procedures set out in 10.2 to 10.10 the preemptive option to apply for and acquire a licence to operate a business substantially similar to that described in the non-Vuntut Gwitchin's application.

10.2 Upon receipt of an application by a non-Vuntut Gwitchin for a licence to operate a business in the Park, the Park superintendent shall:

10.2.1 promptly provide the Vuntut Gwitchin First Nation with written notice of the application, together with a short description of,

10.2.1.1 the nature of business proposed, and

10.2.1.2 in general terms, the geographic location in the Park where the business is proposed to operate; and

10.2.2 advise the applicant in writing that the application will be processed subject to and in accordance with the preemptive option procedures set out in 10.0.

10.3 The Vuntut Gwitchin First Nation shall have 30 days from the date notice is received pursuant to 10.2.1 to advise the Park superintendent in writing whether it is exercising its preemptive option under 10.0.

10.4 If the Vuntut Gwitchin First Nation advises the Park superintendent in writing that it is not exercising its preemptive option, the Park superintendent shall notify the original applicant and the Canadian Parks Service may proceed to process the original application.

10.5 If the Vuntut Gwitchin First Nation fails to advise the Park superintendent in writing within 30 days of receiving notice whether it is exercising its preemptive option, it shall be deemed to have given notice under 10.6 that it is not exercising its preemptive option.

10.6 If the notice described in 10.4 states the Vuntut Gwitchin First Nation is exercising its preemptive option, the following provisions shall apply:

10.6.1 the Vuntut Gwitchin First Nation may, within 6 months of receiving the notice described in 10.4, submit an application to the Park superintendent for a licence to operate a business substantially similar in nature and location to that proposed by the applicant referred to in 10.2.2; and

10.6.2 the Park superintendent shall notify the original applicant that the Vuntut Gwitchin First Nation intends to exercise preemptive option under 10.0.

10.7 If the application of the Vuntut Gwitchin First Nation is approved, the Canadian Parks Service shall issue the approved licence to the Vuntut Gwitchin First Nation and shall notify in writing the applicant referred to in 10.2.2 that its application has been declined.

10.8 If the application of the Vuntut Gwitchin First Nation is not approved, the Park superintendent shall notify the applicant referred to in 10.2.2 in writing, and the Canadian Parks Service may proceed to process its application.

10.9 If the Vuntut Gwitchin First Nation fails to submit an application in accordance with 10.5.1, it shall be deemed to have given notice that it is not exercising its preemptive option and the Canadian Parks Service may proceed to process the application of the applicant referred to in 10.2.2.

10.10 Where, after giving notice of its intention to do so, the Vuntut Gwitchin First Nation decides not to exercise its preemptive option, it shall notify the Park superintendent in writing and the Canadian Parks Service may proceed to process the application of the applicant referred to in 10.2.2.

Renewals

10.11 Subject to 10.12, where a non-Vuntut Gwitchin has been granted a licence to operate a business in the Park, the provisions of 10.1 to 10.10 shall not apply to any renewal or replacement of, or annual re-application for, the licence previously granted.

10.12 Where a non-Vuntut Gwitchin applies for a renewal or replacement of, or makes an annual re-application for, a licence to operate a business in the Park and the nature of the business is significantly different from that carried on under the previous licence, the provisions of 10.1 to 10.10 shall apply.

11.0 Limited Entry

11.1 The Canadian Parks Service shall Consult with the Council in deciding whether a quota, and if so, what quota, should be established for licences to operate a business within the Park, and on any terms and conditions that should apply to those licences.

11.2 If the Canadian Parks Service establishes a quota for a business within the Park, the Vuntut Gwitchin First Nation shall have a right of first refusal to acquire new licences to operate such a business as follows:

11.2.1 in the first year that the Canadian Parks Service establishes a quota within the Park, the Canadian Parks Service shall offer to the Vuntut Gwitchin First Nation:

(a) the number of licences equal to 50 percent of the quota established by the Canadian Parks Service, less the number of permits or licences which are required to allow existing operations which are held by a Vuntut Gwitchin Firm to operate at their then existing level, or

(b) the number of licences which remains after the then existing operators in the Park have received the licences which are required to allow them to operate at their then existing level,

whichever is less; and

11.2.2 in the second year and each year thereafter, Government shall offer to the Vuntut Gwitchin First Nation any new licences issued by the Canadian Parks Service from time to time for opportunities within the Park until the Vuntut Gwitchin First Nation and Vuntut Gwitchin Firms together have been allocated 50 percent of the quota in effect in the Park from time to time for that business.

12.0 Conditions

12.1 Except as otherwise provided by the procedure set out in 10.0 and 11.0, the granting, renewal, replacement, annual re-application for and revocation of licences to operate a business within the Park shall be done in accordance with the National Parks Act, R.S.C. 1985, c.N-14 and with any generally applicable criteria established from time to time for such licences.

12.2 The Vuntut Gwitchin First Nation may enter into joint ventures or other arrangements with other Persons to use a licence allocated to the Vuntut Gwitchin First Nation pursuant to 10.0 or 11.0.

12.3 The Vuntut Gwitchin First Nation shall apply to the Canadian Parks Service for a licence within one year of the offer of the licence under 11.0.

12.3.1 A licence in respect of which a right of first refusal has lapsed under 12.3 shall not be considered a licence offered to the Vuntut Gwitchin First Nation under 11.0.

12.4 The Canadian Parks Service shall issue to the Vuntut Gwitchin First Nation a licence offered to it under 11.0 upon application of the Vuntut Gwitchin First Nation provided that the Vuntut Gwitchin First Nation satisfies the requirements in effect from time to time applicable to other applicants for the issuance of the licence.

12.5 A renewal or assignment of a licence shall not be considered a new licence for the purpose of the calculation of the licences required to be offered under 11.0.

12.6 Nothing in 11.0 shall be construed to obligate the Canadian Parks Service to replace any licence obtained by the Vuntut Gwitchin First Nation under the provisions of 11.0 which the Vuntut Gwitchin First Nation has sold or assigned.

12.7 Nothing in 11.0 be construed to prevent the Vuntut Gwitchin First Nation or a Vuntut Gwitchin from acquiring additional licences through the normal regulatory process in the Park.

12.8 Any party to this Agreement may refer any dispute respecting the application of 9.0, 10.0 or 11.0 to the dispute resolution process under 26.4.0.

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

SCHEDULE B - FISHING BRANCH ECOLOGICAL RESERVE

1.0 Establishment

1.1 The boundaries of the Fishing Branch Ecological Reserve (the "Ecological Reserve") shall be as set out on map FBER 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 Ecological Reserve, excluding the mines and minerals and the right to work the mines and minerals, as soon as practicable following the Effective Date of this Agreement.

1.3 As soon as practicable following the transfer of land under 1.2, the Yukon shall establish the Ecological Reserve pursuant to the Parks Act, R.S.Y. 1986, c. 126.

1.4 No land forming part of the Ecological Reserve shall be removed from ecological reserve status under the Parks Act, R.S.Y. 1986, c. 126, without the consent of the Vuntut Gwitchin First Nation.

2.0 Fish and Wildlife

2.1 Vuntut Gwitchin shall have the right to harvest Fish and Wildlife in the Ecological Reserve in accordance with their Harvesting rights pursuant to Chapter 16 - Fish and Wildlife.

3.0 Mines and Minerals

3.1 Government shall withdraw the mines and minerals within the Ecological Reserve from locating, prospecting and 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. C-36.

4.0 Management Plan

4.1 Government and the Vuntut Gwitchin First Nation shall jointly prepare a management plan for the Ecological Reserve and recommend it to the Minister within two years of the Effective Date of this Agreement.

4.2 The management plan shall be consistent with the following management principles:

4.2.1 to manage the Ecological Reserve and Parcels R-5A and S-3A1 as an ecological unit;

4.2.2 to recognize and protect the traditional and current use of the Ecological Reserve by Vuntut Gwitchin;

4.2.3 to protect the full diversity of Wildlife populations, particularly Salmon and grizzly bear;

4.2.4 to protect the habitat from activities which may reduce the capacity of the Ecological Reserve to support Wildlife; and

4.2.5 to preserve the integrity of the natural landforms, geology, hydrology and special features of the Ecological Reserve.

4.3 The management plan shall include recommendations respecting the regulation of land use in the Ecological Reserve for the purpose of minimizing land use conflicts and negative environmental impacts of activities in the Ecological Reserve.

4.4 The development of the management plan shall include a process for public consultation.

4.5 If Government and the Vuntut Gwitchin First Nation are unable to agree on part or all of the management plan, they shall recommend to the Minister that part of the management plan which has been prepared, if any, and, at the same time, jointly refer the outstanding matters to the Minister in writing.

4.6 The Minister shall:

4.6.1 accept, vary or set aside the recommendations made pursuant to 4.1 or 4.5; and

4.6.2 consider and decide the outstanding matters referred pursuant to 4.5,

within 60 days of the receipt of the recommendation or referral.

4.7 The Minister may extend the time provided in 4.6 by 30 days.

4.8 The Minister shall forward his decision under 4.6 to the Vuntut Gwitchin First Nation in writing.

5.0 Implementation

5.1 The Yukon shall manage the Ecological Reserve in accordance with the Parks Act, R.S.Y. 1985, c. 126, and the management plan for the Ecological Reserve approved by the Minister under 4.6.

6.0 Review of the Management Plan

6.1 The management plan shall be reviewed jointly by Government and the Vuntut Gwitchin First Nation not later than five years after its initial approval and at least every 10 years thereafter.

7.0 Management of Adjacent Parcels

7.1 The Vuntut Gwitchin First Nation shall manage Parcels R-5A and S-3A1 in a manner consistent with the principles in 4.2.

8.0 Habitat Protection Area

8.1 If Government proposes the establishment of a habitat protection area pursuant to the Wildlife Act, R.S.Y. 1986, c. 178, in the area surrounding the Ecological Reserve, the Vuntut Gwitchin First Nation shall consent to the establishment of the habitat protection area, provided that the habitat protection area is established in accordance with Chapter 10 - Special Management Areas.

8.2 Nothing in 8.1 is intended to allow Government to include Vuntut Gwitchin First Nation Settlement Land in a proposed habitat protection area or to allow Government to affect the rights under this Agreement of Vuntut Gwitchin or the Vuntut Gwitchin First Nation within the area proposed to be included in the habitat protection area except in accordance with 10.4.0.

8.3 If Government establishes a habitat protection area pursuant to 8.1, Government shall manage the habitat protection area in accordance with the following objectives:

8.3.1 to protect the Fishing Branch River;

8.3.2 to maintain the long term viability at natural population levels of grizzly bear (Ursus arctos) which concentrate seasonally at Bear Cave Mountain; and

8.3.3 to manage the Ecological Reserve and the habitat protection area as an ecological unit.

SCHEDULE C - OLD CROW FLATS AREA

1.0 Establishment

1.1 The provisions of this schedule shall apply to the Old Crow Flats area (the "Area") as of the Effective Date of this Agreement.

1.2 The boundaries of the Area are set out on map OCFA in Appendix B - Maps, which forms a separate volume to this Agreement.

1.3 No Non-Settlement Land within the Area shall be removed from the application of this schedule without the consent of the Vuntut Gwitchin First Nation.

1.4 No Settlement Land within the Area shall be removed from the application of this schedule without the consent of Government.

2.0 Fish and Wildlife

2.1 In that part of the Area which is outside of Vuntut National Park, Vuntut Gwitchin shall have the right to harvest Fish and Wildlife in accordance with their Harvesting rights pursuant to Chapter 16 - Fish and Wildlife.

2.2 In that part of the Area which is within Vuntut National Park, Vuntut Gwitchin shall have the right to harvest Fish and Wildlife in accordance with their Harvesting rights pursuant to Schedule A - Vuntut National Park, attached to Chapter 10 - Special Management Areas.

3.0 Management Principles

3.1 Government and the Vuntut Gwitchin First Nation shall manage the Area so as:

3.1.1 to strive to maintain the integrity of the Area as one ecological unit;

3.1.2 to recognize and protect the traditional and current use of the Area by Vuntut Gwitchin, while recognizing the changing values and priorities of Vuntut Gwitchin in contemporary Canadian society;

3.1.3 to protect and conserve Fish and Wildlife, and Fish and Wildlife habitat, of national, international and local significance, in particular migratory birds and the Porcupine Caribou Herd and their habitats;

3.1.4 to protect the full diversity of Fish and Wildlife populations and their habitats from activities which could reduce the land's capability to support Fish and Wildlife; and

3.1.5 to recognize the ownership by the Vuntut Gwitchin First Nation of Parcel R-1A.

4.0 Existing Oil and Gas Rights and Interests

4.1 Canada shall terminate any oil and gas rights or interests existing in the Area at the Effective Date of this Agreement or as soon as practicable thereafter.

4.1.1 If Canada has not, as of the Effective Date of this Agreement, terminated all oil and gas rights and interests existing in the Area, the moratorium on the exercise of the oil and gas rights and interests not terminated shall continue until Canada has terminated those rights or interests.

5.0 Management Plan

5.1 Government and the Vuntut Gwitchin First Nation shall jointly prepare a management plan for that part of the Area which is outside Vuntut National Park, which is consistent with the management principles in 3.0, and which shall be recommended to Government and the Vuntut Gwitchin First Nation for approval.

5.1.1 The park management plan for Vuntut National Park prepared pursuant to Schedule A - Vuntut National Park, attached to Chapter 10 - Special Management Areas, shall be the management plan for that portion of the Area within Vuntut National Park.

5.2 The development of the management plan shall include a process for public consultation.

5.3 Government and the Vuntut Gwitchin First Nation shall make best efforts to approve a management plan within five years of the Effective Date of this Agreement.

5.4 The management plan approved by both Government and the Vuntut Gwitchin First Nation shall be the "Approved Management Plan" for the purposes of this schedule.

5.5 The Approved Management Plan shall include recommendations to implement the management principles set out in 3.0.

6.0 Mines and Minerals

6.1 Neither Government nor the Vuntut Gwitchin First Nation shall issue any right or interest in the Mines or Minerals in that part of the Area outside of Vuntut National Park until there is an Approved Management Plan, or until January 2, 2012, whichever occurs first.

6.2 Where there is an Approved Management Plan, Government and the Vuntut Gwitchin First Nation may issue rights and interests in the Mines and Minerals in that part of the Area outside of Vuntut National Park, provided that such issuance is consistent with the Approved Management Plan.

6.3 Where there is no Approved Management Plan and the time period described in 6.1 has not expired, the Vuntut Gwitchin First Nation may issue rights and interests in the Mines and Minerals in Settlement Land in the Area provided:

6.3.1 the Vuntut Gwitchin First Nation and Government agree to the issuance of the right or interest; and

6.3.2 the issuance is consistent with the management principles in 3.0.

6.4 Where there is no Approved Management Plan and the time period described in 6.1 has not expired, Government may issue rights and interests in the Mines and Minerals in Non-Settlement Land in that part of the Area outside of Vuntut National Park, provided:

6.4.1 Government and the Vuntut Gwitchin First Nation agree to the issuance of the right or interest; and

6.4.2 the issuance is consistent with the management principles in 3.0.

7.0 Implementation and Review

7.1 Until there is an Approved Management Plan, Government and the Vuntut Gwitchin First Nation shall manage their lands in the Area in a manner consistent with the management principles in 3.0.

7.2 Once there is an Approved Management Plan, Government and the Vuntut Gwitchin First Nation shall each manage their land in that part of the Area outside Vuntut National Park according to the Approved Management Plan.

7.3 Unless Government and the Vuntut Gwitchin First Nation otherwise agree, Government and the Vuntut Gwitchin First Nation shall review the Approved Management Plan five years after its initial approval and every 10 years thereafter.

APPENDIX "I" - LIST OF ELDERS, VUNTUT GWITCHIN FIRST NATION

BLAKE, Elizabeth
BRUCE, Ellen
BRUCE, Robert Thomas
CADZOW, Horace
CARNEY, Eunice
CARROLL, Nellie
CHARLIE, Alfred R.
CHARLIE SR, Charlie Peter
CHARLIE, Fanny
ABEL (CHITZI), Sarah
CUMMINGS, Frances Ellen
FROST, Clara
FROST, Donald Arthur
GREENLAND, Garnet Douglas
HEAPS, Myra Jane
HENRY, Katherine
JOSIE, Tally (Dolly) Myra
JOSIE, Edith Iradrute
KASSI, Mary
KYIKAVICHIK, John Joe
KYIKAVICHIK, Sarah
KENDI, Martha
KUNNIZZI, Mary
LENNOX, Margaret Victoria Jean
LINKLATER, Effie Mary
LINKLATER, Emily
MACDONALD, Neil Kenneth
MARTIN, Eliza
MOSES, Caroline
NETRO, Hannah
NETRO, Mary
NUKON, Kenneth
NUKON, Richard (Dick)
PETERSON, Victor
REYNOLDS, Helen
SMITH, Tabitha
TIZYA, Andrew
TIZYA, Clara
TIZYA, John
TIZYA, Martha
TIZYA, Mary
TIZYA, Moses
TIZYA, Peter
THOMAS, Charlie
THOMAS, Lydia
VANELTSI, Lucy
WARD, Doris Nellie
KOE, Julia
KUNNIZZI, Eliza
KUNNIZZI, Isaac Joseph
LORD, Rowena
THOMAS, Abraham
THOMAS, Effie Emma
TIZYA, Peter (John)
VITTREKWA, Mary