13 FORESTRY

13.1.1
In this chapter,

“Board” means the Renewable Resources Board.

13.1.2
Subject to the provisions of this chapter, the Gwich’in have the right to harvest trees, including dead trees, throughout the settlement area at all seasons of the year for the following purposes:

1. firewood for personal use;

2. the construction of camps for hunting, trapping and fishing for personal use;

3. handicrafts and traditional, cultural and medicinal uses;

4. the construction of boats and rafts for personal uses; and

5. ‘house building for personal use.

13.1.3
The Gwich’in right to harvest trees is subject to legislation in respect of forest management, land management within local government boundaries, conservation, public health, public safety and protection of the environment from significant damage.

13.1.4
The Gwich’in right to harvest trees set out in this agreement does not apply:

1. subject to 12.4.11(c), on lands held in fee simple, subject to an agreement for sale or surface lease;

2. upon Crown lands where it conflicts with the carrying out of any activity authorized or permitted by government such as a timber licence or land use permit;

3. in national parks except as permitted by the provisions of chapter 15; and

4. on lands described in 12.4.12(a).

13.1.5
The Gwich’in may dispose of harvested trees by way of trade with other Gwich’in for the purposes described in 13.1.2.

13.1.6
The commercial harvesting of trees throughout the settlement area is subject to legislation.

13.1.7

1. No new licence for the commercial harvesting of trees shall be granted without the consent of the affected Renewable Resources Council where such commercial harvesting would significantly affect the harvesting of wildlife by the Gwich’in.

2. The affected Renewable Resources Council shall be consulted by government prior to any change in the area of operation of an existing licence.

3. On application by an interested party, or on its own motion, the Board may review the decision of a Renewable Resources Council under (a) not to consent to such commercial harvesting and may permit such harvesting if the Board determines that it is reasonable, in the circumstances, to do so.

13.1.8
Nothing in this agreement shall be construed to:

1. confer rights of ownership of trees except on Gwich’in lands;

2. guarantee the supply of trees;

3. preclude persons who are not participants from harvesting trees on lands other than Gwich’in lands, subject to legislation; or

4. entitle the Gwich’in to any compensation for damage to or loss of trees or harvesting opportunities on lands other than Gwich’in lands.

13.1.9
The Board shall have the power to

1. establish policies and propose regulations in respect of

   1. the harvesting of trees by any person, including any class of persons; and

   2. the commercial harvesting of trees; and

2. approve forest conservation and forest management plans and policies within the settlement area which may include

   1. determination of areas of commercial harvesting of trees and the terms and conditions of such harvesting which may include cutting rates, yields, reforestation measures and Gwich’in employment and training;

   2. provisions for forest management agreements with licensees and owners; and

   3. provision for the establishment of fire attack zones.

13.1.10
Government may consult the Board on any matter which affects forestry and forest management and shall seek the timely advice of the Board on the following matters:

1. draft legislation respecting forestry and forest management including the fighting and control of forest fires;

2. land use policies or draft legislation which will likely impact on forestry or forest management;

3. policies respecting forestry and forest management research and the evaluation of such research; and

4. plans for training Gwich’in in forestry, forest management and lumbering.

13.1.11
Nothing in this agreement is intended to affect the responsibility of government for the fighting of forest fires in the settlement area.

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