16 PROTECTED AREAS
16.1 GENERAL
16.1.1
In this chapter,
“territorial park” means an area dedicated as a recreation park under 4(1)(a) and (b) of the Territorial Parks Act, R.S.N.W.T. 1988, c. T-4, and any other territorial park outside local government boundaries the area of which exceeds 130 hectares (approximately 321 acres).
16.1.2
Except as otherwise provided in this agreement, protected areas shall be planned and managed pursuant to legislation respecting protection of the resources in the protected areas.
16.1.3
Except as otherwise provided in this chapter, the provisions of chapters 12, 13 and 14 apply in any protected area established in the settlement area.
16.2 PLANNING AND MANAGEMENT
16.2.1
Government shall consult with the Gwich’in Tribal Council and with affected local communities prior to the establishment of any protected area, or changes in the boundaries of an established protected area. Such consultation shall commence not less than 12 months prior to the establishment of the protected area or the change in boundaries. In an emergency for reasons of conservation, such consultation may take place in a shorter period. In the event of an emergency for reasons of conservation which requires immediate government action, government shall consult with the Gwich’in Tribal Council as soon as possible after the establishment of a protected area on the necessity of the action and the terms and conditions attached thereto.
16.2.2
The Government of the Northwest Territories shall consult with the Gwich’in Tribal Council prior to the establishment of any territorial park which is not included in the definition of territorial park under this chapter.
16.2.3
The Government of the Northwest Territories may prepare a park management plan for each territorial park which describes the policies which will guide the conservation and management of the park and its resources. The Gwich’in Tribal Council shall be invited to participate in the preparation of any plan. A park management plan shall be approved by the Minister before coming into force. Gwich’in use shall be in accordance with the applicable interim management guidelines or park management plan.
16.2.4
Any allocation of Gwich’in harvesting rights among participants in protected areas shall be the responsibility of the appropriate Renewable Resources Council.
16.2.5
The harvesting of wildlife, plants and trees by the Gwich’in may be restricted in protected areas or parts of protected areas for conservation or other reasons as set out in chapters 12, 13 and 14 or related to the management of the protected area. Any proposed restrictions shall be included in a protected area agreement dealing with impacts and benefits to be negotiated between the affected Gwich’in communities and government. In the event that a protected area agreement is not concluded within two years of the commencement of negotiations, each party may submit its own proposal to the Minister responsible for the protected area for consideration and decision. The
Minister shall give written reasons for a decision.
16.2.6
The protected area agreement may include provisions relating to:
employment of Gwich’in; training of Gwich’in; protection of Gwich’in religious, cultural and historic sites; mitigation of potential negative impacts of the establishment of the protected area on affected Gwich’in harvesters and their communities; participation of the Gwich’in in management committees or other similar structures relating to the development and administration of the protected area; any interim management guidelines or management plan; periodic review of the protected area agreement not less than once every 10 years; the continued use of Gwich’in camps and traditional travel routes to assist harvesting and other traditional uses; and other matters of concern to the affected Gwich’in communities and government.
16.2.7
It is the objective of the parties that qualified Gwich’in be employed at all occupational levels in protected areas. Government shall identify employment opportunities in respect of the management and administration of protected areas and shall provide appropriate training opportunities for the Gwich’in as set out in the Implementation Plan. For any protected area established after the date of settlement legislation, the nature and extent of the training opportunities shall be set out in the protected area agreement.
16.2.8
To the extent that outfitting, guiding and naturalist commercial activities, including tourist establishments related to such activities and facilities for the manufacture or sale of handicrafts, may be permitted in protected areas, the Gwich’in Tribal Council shall have the right of first refusal to any new licences to carry on such activities and to take up licences in force at the date of settlement legislation that are not renewed and are available. The procedures set out in 12.7.5(b) shall apply, where appropriate, to such right with such modifications as the circumstances require.
16.2.9
To the extent that commercial wildlife activities including commercial harvesting are permitted in protected areas, the Gwich’in Tribal Council shall have the right of first refusal to any new licence for such activities. The procedures set out in 12.7.2 or 12.7.5(b) shall apply, where appropriate, to such right with such modifications as the circumstances require.
16.2.10
In the event that manipulation of wildlife populations is required in a protected area, the Gwich’in Tribal Council shall be given the first opportunity to conduct the hunt and to dispose of wildlife parts and products resulting therefrom in accordance with a plan to be approved by officials responsible for the protected area.
16.3 CAMPBELL HILLS/LAKE
16.3.1
The Government of the Northwest Territories and the Gwich’in Tribal Council have entered into a Memorandum of Agreement with respect to the proposed territorial park at Campbell Hills/Lake. The Memorandum of Agreement shall be a protected area agreement within the meaning of this chapter, in the event that this park is established. However, any financial obligations of government arising from .the Memorandum of Agreement, including the costs of establishing, operating and maintaining the Park, and the costs of any benefits to Gwich’in, shall not be a cost of implementing this agreement.
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