Backgrounder
Maa-Nulth First Nations Agreement-In-Principle
The Maa-nulth agreement-in-principle (AIP) forms the basis of a Final
Agreement that will clearly define the rights and obligations of the Maa-nulth
First Nations. The treaty package outlined in the AIP deals with land,
capital and resources. The provincial and federal governments will share
the costs of the treaty package. British Columbia (BC) contributes mainly
Crown land and Canada contributes mainly cash.
The Maa-nulth First Nations are five Nuu-chah-nulth First Nations: Huu-ay-aht,
Ka:'yu:'k't'h'/Che:k'tles7et'h', Toquaht, Uchucklesaht and Ucluelet First
Nations. Their communities are in the Barkley Sound and Kyuquot Sound
areas on the west coast of Vancouver Island. They are committed to the
achievement of self-government, and they are actively involved in economic
development and business enterprise.
Land
- The treaty land package identified in the AIP includes up to 20,900
hectares of provincial Crown land and 2,105 hectares of existing Indian
reserve land. These treaty lands will be held in fee simple, which will
provide the First Nations with flexibility to manage their lands and
generate long-term benefits.
- The Ucluelet First Nation will receive several small parcels of federal
Crown land and $6.25 million to purchase private land from a willing
seller.
- The terms and conditions of existing leases and licences will be
identified and protected in the treaty.
Capital Transfer
- Once a treaty is concluded, the federal government will make a cash
transfer to the Maa-nulth First Nations of $62.5 million. The Ucluelet
First Nation will receive $6.25 million to purchase private property
from a willing seller and, as a result, a smaller allocation of provincial
Crown land.
Forestry
- Once a treaty is concluded, the Maa-nulth First Nations will own and
manage the forest resources on their lands in keeping with provincial
standards.
Wildlife and Migratory Birds
- Once a treaty is concluded, Maa-nulth First Nation hunters can harvest
wildlife and migratory birds for domestic purposes within a defined
harvest area that will include treaty and non-treaty land.
- The treaty will clarify the First Nations' rights, jurisdiction and
responsibilities with respect to wildlife, migratory birds and their
habitats. It also confirms the authority of provincial and federal ministers
to manage these resources.
Fish
- The AIP sets out that the treaty will modify any aboriginal rights
to fish that the Maa-Nulth First Nations may have into specific rights
defined in the treaty, as well as the scope and limitations of these
rights.
- Domestic allocations for the Maa-nulth First Nations include sockeye,
chinook, coho and chum salmon, herring, halibut, some species of groundfish.
Domestic allocations for Dungeness crab, prawns, bivalves, shellfish
and tuna will be negotiated prior to finalizing the treaty.
- The AIP provides for the Maa-nulth First Nations and the federal
Department of Fisheries and Oceans to negotiate an agreement outside
the treaty for commercial fish opportunities. These negotiations will
determine annual allocations of sockeye and chinook salmon, herring,
halibut, sablefish and Dungeness crab.
- Commercial fish opportunities will have the same priority as regular
commercial fisheries in management decisions by the Minister.
Environmental Protection and Parks
- The AIP provides for the negotiation of agreements outside the treaty
for Maa-nulth First Nations to have a role in park operations and management
in specific parks. The federal government and Maa-nulth First Nations
will set out arrangements for the establishment of a planning and management
process for a portion of Pacific Rim National Park Reserve.
- The AIP ensures that province-wide standards of resource management
and environmental protection will continue to apply. In addition, Maa-nulth
First Nation governments will be able to make environmental protection
laws on treaty lands.
Culture and Heritage
- In recognition of the First Nations' heritage, Canada, British Columbia
and Maa-nulth First Nations will set out provisions for the sharing
or transfer to Maa-nulth First Nations of agreed-to Maa-nulth First
Nations' artefacts.
Governance
- Self-Government of the Maa-nulth First Nations will be accomplished
through powers that are in the treaty and additional powers that are
in a Self-Government Agreement that is outside the treaty.
- The Self-Government Agreement will be negotiated prior to the Final
Agreement. Together, the Final Agreement and the Self-Government Agreement
will enable the Maa-nulth First Nations to manage their own affairs
and public institutions, administer their collective interests and participate
in regional planning processes.
Taxation
- Transitional tax measures will be negotiated prior to Final Agreement.
- Under the treaty, Maa-nulth First Nation governments will have law-making
authority for direct taxation of Maa-nulth First Nation members on treaty
land and, upon agreement with Canada or BC, over non-members on treaty
land.
Media Contact
Mike Morton
Press Secretary to the Premier
250 213-8218
Victor C. Pearson
Maa-nulth First Nations
250 228 7196
Ken Kolba
Indian and Northern Affairs Canada
604 775-7717
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