27 OTHER ABORIGINAL CLAIMS

27.1 YUKON TERRITORY

27.1.1
The rights of the Gwich段n in the Yukon Territory are set out in the Yukon transboundary agreement which is attached as appendix C.

27.2 WESTERN ARCTIC REGION

27.2.1
Notwithstanding 18.1.5, the Gwich段n Tribal Council may, by agreement with the Inuvialuit, transfer to or exchange with the Inuvialuit any or all Gwich段n lands or interests in such lands in the Western Arctic Region. Any lands received from the Inuvialuit in exchange for Gwich段n lands shall be deemed to be Gwich段n lands for the purposes of this agreement.

27.2.2
The rights of the Gwich段n to harvest wildlife on Gwich段n lands pursuant to this agreement shall apply to Gwich段n lands and on and in waters overlying such lands in the Western Arctic Region. The provisions of the Inuvialuit Final Agreement in respect of wildlife management apply to such lands and waters.

27.2.3
The Gwich段n have the right to harvest those species of wildlife which they have traditionally harvested within those areas of the Western Arctic Region which have been traditionally used by the Gwich段n to harvest wildlife.

27.2.4
The rights of the Gwich段n to harvest wildlife pursuant to 27.2.3 are subject to legislation applicable to Inuvialuit harvesters pursuant to the Inuvialuit Final Agreement.

27.2.5
The Inuvialuit have the right to harvest those species of wildlife which they have traditionally harvested within those areas of the settlement area which have been traditionally used by the Inuvialuit to harvest wildlife.

27.2.6
For greater certainty, the rights of the Inuvialuit to harvest wildlife in the settlement area are subject to legislation applicable to Gwich段n harvesters including this agreement.

27.2.7
Nothing in27.2 is intended to affect the rights of the Gwich段n and the Inuvialuit to share wildlife resources and to enter into agreements with each other with respect to harvesting and wildlife management as recognized in clause 14(15) of the Inuvialuit Final Agreement.

27.2.8
Notwithstanding that Gwich段n lands in the Western Arctic Region are not within the settlement area, the provisions of this agreement, with the exception of 12.8 and chapter 24, shall apply to Gwich段n lands in the Western Arctic Region.

27.3 OTHER COMPREHENSIVE LAND CLAIM AGREEMENTS

27.3.1
The Gwich段n may, pursuant to an agreement with the participants of a comprehensive land claim agreement, agree to share with such participants wildlife harvesting and wildlife management rights under this agreement, provided that no such agreement shall adversely affect the rights of persons who are not participants pursuant to a comprehensive land claim agreement.

27.3.2
Notwithstanding 12.4.3 and 12.4.5, nothing in this agreement is intended to affect any right which the Dene or Metis of Colville Lake or Fort Good Hope may have to harvest wildlife in those parts of the settlement area which they have traditionally used for the harvesting of wildlife.

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