|
PART 4: WILDLIFE MANAGEMENT AND HARVESTING IN MARINE AREAS BEYOND THE NUNAVIK MARINE REGION
5.4.1
Government shall maintain a structure or structures to promote coordinated management for migratory marine species in Southern and Northern Davis Strait and Hudson Bay Zones and adjacent areas.
5.4.2
The NMRWB shall appoint appropriate representation from Nunavik to the structure or structures referred to in Section 5.4.1.
5.4.3
A structure or structures referred to in Section 5.4.1 shall not diminish the decision-making role of the NMRWB within the NMR.
5.4.4
Government shall seek the advice of the NMRWB with respect to any wildlife management decisions in Southern and Northern Davis Strait and Hudson Bay Zones which would affect the substance and value of Nunavik Inuit harvesting rights and opportunities within the NMR. The NMRWB shall provide relevant information to Government that would assist in wildlife management in Southern and Northern Davis Strait and Hudson Bay Zones in adjacent areas.
5.4.5
Part 8 of this Article shall apply to any international or domestic interjurisdictional agreement relating to wildlife management applicable to Southern and Northern Davis Strait and Hudson Bay Zones.
5.4.6
The NMRWB may identify wildlife research requirements and deficiencies, review research proposals and applications, and where appropriate recommend acceptance or rejection of such proposals or applications within Southern and Northern Davis Strait and Hudson Bay Zones and, in making any decisions which affects Southern Davis Strait and Hudson Bay Zones, Government shall consider such recommendations.
5.4.7
Prior to the Final Agreement the Parties shall determine whether the Final Agreement shall provide to a MDO any allocation of shrimp in the Northern or Southern Davis Strait Zones based on any allocation to Makivik or its subsidiaries at the time of the Final Agreement and, if so, shall determine the quantum of any such allocation.
Commercial Harvesting: Southern Davis Strait Zone
5.4.8
A portion of the total allowable catch of turbot established by the Minister for NAFO Division 0B in the calendar year in which the Final Agreement takes effect and in subsequent calendar years will be allocated to one or more Makivik Designated Organization (MDO)(s) to harvest in the Southern Davis Strait Zone. The portion will include any turbot allocation for the Southern Davis Strait Zone provided to, or to be provided to, Makivik Corporation or any of its subsidiaries in the calendar year in which the Final Agreement takes effect. The portion in any calendar year will be determined for that year as follows:
4% of that part of the total allowable catch established by the Minister for NAFO Division OB equal to or less than 5, 500 metric tonnes; and 10% of that part of the total allowable catch established by the Minister for NAFO Division 0B in excess of 5, 500 metric tonnes.
but, for greater certainty, nothing in (a) and (b) prevents the Minister from providing to a MDO, or a MDO from acquiring, outside of the Final Agreement, any additional allocation of turbot in the Southern Davis Strait Zone.
5.4.9
For the purposes of section 5.4.7, where a turbot allocation has been provided to, or is to be provided to, Makivik Corporation or any of its subsidiaries in the calendar year in which the Final Agreement takes effect, Makivik Corporation and any such subsidiaries will be deemed to be a MDO as of the effective date of the Final Agreement.
5.4.10
The Minister will provide access to the portion of the total allowable catch of turbot referred to in section 5.4.7 through a fishing license issued to one or more MDO(s) or by some other means.
5.4.11
Where, in any calendar year after the effective date of the Final Agreement, the Minister establishes a total allowable catch in NAFO Division 0B or the Southern Davis Strait Zone for a species of groundfish other than turbot, the Minister shall offer access to a MDO through a fishing license issued to the MDO or by some other means for 10% of the total allowable catch to harvest in the Southern Davis Strait Zone.
5.4.12
For the purposes of section 5.4.12, "Increase" means, for any calendar year after the calendar year in which the Final Agreement takes effect, the amount by which the total allowable catch for shrimp established by the Minister in that calendar year for a specific area exceeds the total allowable catch for shrimp established by the Minister for that same area in the calendar year in which the Final Agreement takes effect.
5.4.13
In any calendar year after the calendar year in which the Final Agreement takes effect, 7% of any increase in the total allowable catch for shrimp established by the Minister for NAFO Division 0B will be allocated to one or more Makivik Designated Organization (MDO)(s) to harvest in the Southern Davis Strait Zone. This amount will include any part of the increase is provided to, or to be provided to, Makivik Corporation or any of its subsidiaries.
5.4.14
For the purposes of section 5.4.12, where a shrimp allocation has been provided to, or is to be provided to, Makivik Corporation or any of its subsidiaries in the calendar year in which the Final Agreement takes effect, Makivik Corporation and any such subsidiaries will be deemed to be a MDO as of the effective date of the Final Agreement.
5.4.15
The Minister will provide access to the portion of the total allowable catch of shrimp referred to in section 5.4.12 through a fishing license issued to one or more MDO(s) or by some other means.
Commercial Harvesting: Northern Davis Strait Zone
5.4.16
For the purposes of section 5.4.16, "Increase" means, for any calendar year after the calendar year in which the Final Agreement takes effect, the amount by which the total allowable catch for shrimp established by the Minister in that calendar year for a specific area exceeds the total allowable catch for shrimp established by the Minister for that same area in the calendar year in which the Final Agreement takes effect.
5.4.17
In any calendar year after the calendar year in which the Final Agreement takes effect, 8.8% of any Increase in the total allowable catch for shrimp established by the Minister for NAFO Division 0A will be allocated to one or more Makivik Designated Organization (MDO)(s) to harvest in the Northern Davis Strait Zone. This amount will include any part of the increase is provided to, or to be provided to, Makivik Corporation or any of its subsidiaries.
5.4.18
For the purposes of section 5.4.16, where a shrimp allocation has been provided to, or is to be provided to, Makivik Corporation or any of its subsidiaries in the calendar year in which the Final Agreement takes effect, Makivik Corporation and any such subsidiaries will be deemed to be a MDO as of the effective date of the Final Agreement.
5.4.19
The Minister will provide access to the portion of the total allowable catch of shrimp referred to in section 5.4.16 through a fishing license issued to one or more MDO(s) or by some other means.
Commercial Harvesting: Hudson Bay Zone
5.4.20
Government recognizes the importance of the principles of adjacency and economic dependence of communities in Nunavik on marine resources, and shall give special consideration to these factors when allocating commercial fishing licences within the Hudson Bay Zone. Adjacency means adjacent to or within a reasonable geographic distance of the Hudson Bay Zone. The principles will be applied in such a way as to promote a fair distribution of licences between the residents of Nunavik and the other residents of Canada and in a manner consistent with Canada's interjurisdictional obligations.
Marine Management
5.4.21
The NMRPC, the NMRIRB and the NMRWB may jointly, as a Nunavik Marine Region Council, or severally individually advise and make recommendations to other government agencies regarding marine areas outside of the NMR and Government shall consider such advice and recommendations in making decisions which affect marine areas outside of the NMR.
Saving
5.4.22
This section shall be interpreted in a manner consistent with Canada's sovereignty, sovereign rights and jurisdiction, and with Canada's international obligations.
Back
|
