Natural Resources and Environment

SHARED RESPECT. SHARED PROSPERITY. Natural Resources and Environment The Maa-nulth Final Agreement was negotiated by the Government of Canada, the Government of British Columbia and the Maa-nulth First Nations. The fi ve Maa-nulth First Nations are Ucluelet First Nation, Huu-ay-aht First Nations, Toquaht Nation, Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First Nations, and Uchucklesaht Tribe, all located on the west coast of Vancouver Island. The Maa-nulth First Nations represent about 2,000 people. Maa-nulth means “villages along the coast” in the Nuu-chah-nulth language. The Maa-nulth Final Agreement is among the fi rst Final Agreements reached in the province under the British Columbia treaty process. The Final Agreement sets out each Maa-nulth First Nation’s rights and benefi ts respecting land and resources, and self-government over its lands and resources and its citizens. The Final Agreement provides certainty for all parties with respect to ownership and management of lands and resources and the exercise of federal, provincial and Maa-nulth First Nation governmental powers and authorities. The negotiation of a Final Agreement marks Stage Five of the six-stage British Columbia treaty process, and is the conclusion of substantive treaty negotiations. Once ratifi ed by all parties, the Final Agreement will become a treaty through legislation. It will be a constitutionally-protected legal agreement which creates mutually binding obligations and commitments. RESOURCE RIGHTS Further, each Maa-nulth First the right to harvest wildlife treaty). Federal and provincial AND JURISDICTION Nation government will be able and migratory birds for laws on the use and possession The Final Agreement sets to make laws to manage natural food, social and ceremonial of fi rearms will apply. out each Maa-nulth First resources on the applicable purposes within the Maa- Nation’s rights to harvest Maa-nulth First Nation’s lands nulth First Nation Areas1. This Each Maa-nulth First Nation natural resources on its treaty and regulate Maa-nulth First right is limited by measures government will be able settlement lands, known as Nation harvesters throughout necessary for conservation, to make laws to regulate its Maa-nulth First Nation the designated harvest public health or public safety. the harvest of wildlife and Lands. In some cases, these areas. Federal, provincial and migratory birds by the Maa- harvesting rights may be Maa-nulth laws will apply, Federal and provincial laws will nulth-aht of the applicable Maa- exercised in several geographic and the Final Agreement apply on Maa-nulth First Nation nulth First Nation. Maa-nulth areas off Maa-nulth First clearly sets out which law will Lands and throughout the First Nation harvesters will Nation Lands, designated as prevail if there is a confl ict. Maa-nulth First Nation Areas. be required to carry a permit the Domestic Fishing Area, Each Maa-nulth First Nation’s issued by the respective Maa- laws with respect to harvesting nulth First Nation government. Migratory Bird Harvest Area WILDLIFE AND wildlife and migratory birds The Final Agreement provides and Wildlife Harvest Area, MIGRATORY BIRDS and in provincial parks and will apply to the Maa-nulth-aht reasonable access for non- Under the treaty, each Maa- protected areas as described (those people who are enrolled members to hunt on Maa- nulth First Nation will have in the Final Agreement. in and will benefi t from the nulth First Nation Lands in 1 For the purposes of harvesting wildlife and migratory birds, this area does not include land owned by Canada. MAA-NULTHM A A - N U L T H FINALF I N A L AGREEMENTA G R E E M E N T accordance with federal, provincial and Maa-nulth laws. If it is necessary to address a conservation risk to a specific Campbell River Powell Kyuquot wildlife or migratory bird River Sound species, the treaty will allow Gold River Courtenay the Minister responsible to designate that species. Once a species is designated, the total allowable harvest for that species is also established by Map Extent Pacific the Minister. For a designated VANCOUVER ISLAND wildlife species, each Maa- Ocean Pacific nulth First Nation and British Ocean Ucluelet Columbia will negotiate the Barkley Bamfield Legend harvest level for that Maa-nulth Sound Maa-nulth Migratory Birds Harvest Area First Nation, with the Minister taking into account harvesting by non-Aboriginal people. In the case of a designated migratory bird species, each Maa-nulth First Nation’s harvest Campbell River Powell Kyuquot River level will be determined by Sound Gold River the federal Minister, taking Courtenay into account, among other things, the Maa-nulth First Nations’ harvesting rights and the interests of non- Aboriginal third parties. Map Extent VANCOUVER Pacific ISLAND Each Maa-nulth First Nation Ocean Pacific will develop a wildlife harvest Ocean Ucluelet plan for designated species, Barkley Bamfield Legend or other species proposed by Sound Maa-nulth Wildlife Harvest Area that Maa-nulth First Nation MAA-NULTH FINAL AGREEMENT and British Columbia. The standards set by federal and or partly within its Maa-nulth Consistent with other provisions harvest plan will set out how provincial laws. Federal and First Nation Area. This right is in the Final Agreement, a the Maa-nulth First Nation will provincial laws will prevail subject to measures necessary treaty-defi ned right to access conduct its harvest, including in the event of a confl ict. for conservation, public health renewable resources may how many of each species or public safety. A Maa-nulth be limited by necessary will be harvested, when the Each Maa-nulth First Nation is First Nation may be required conservation, public health harvest will take place, and how responsible for the control of to submit a gathering plan in or public safety measures. the harvest will be monitored. insects, diseases, invasive plants respect of the exercise of this The plan will be submitted and animals on its Maa-nulth right to the provincial Minister. WATER for approval of the provincial First Nation Lands which may Maa-nulth-aht who gather On the eff ective date of the Minister responsible for wildlife. aff ect the health of forest plants and bark of timber under treaty, British Columbia will Unless Maa-nulth First Nation resources on those lands. this right will be required to establish water reservations laws or the approved harvest carry documentation issued under the Water Act for each plan state otherwise, Maa- Provincial law in respect of by the appropriate Maa-nulth Maa-nulth First Nation for nulth First Nation hunters may the protection of resources First Nation government. domestic, agricultural and harvest throughout the year. from wildfi re and for wildfi re industrial uses: Huu-ay-aht prevention and control applies RENEWABLE First Nations – 75,000 cubic Maa-nulth-aht will be able to Maa-nulth First Nation Lands. RESOURCE decametres of water per year; to trade and barter wildlife, On the eff ective date of the HARVESTING IN Ka:’yu:’k’t’h’/Che:k’les7et’h’ wildlife parts, migratory birds treaty, the Maa-nulth Wildfi re NATIONAL PARKS AND First Nations – 50,000 cubic and migratory bird parts Suppression Agreements for NATIONAL MARINE decametres of water per year; among themselves and with each Maa-nulth First Nation CONSERVATION Toquaht Nation – 15,000 other Aboriginal people of will come into eff ect. These AREAS cubic decametres of water agreements will set out Canada resident in British Where a national park or a per year; Uchucklesaht Tribe how the costs associated Columbia. Trade and barter national marine conservation – 50,000 cubic decametres with wildfi re control will does not include sale. area lies within a Maa-nulth First of water per year; Ucluelet be shared by the parties. Nation Area, that Maa-nulth First Nation – 57,000 cubic First Nation also has the right FOREST RESOURCES decametres of water per year. Each Maa-nulth First Nation PLANT AND BARK to gather traditional foods for will own all forest and range GATHERING IN food, social and ceremonial In addition to these water resources on its Maa-nulth PROVINCIAL PARKS purposes, gather plants and reservations, British Columbia First Nation Lands. Each Maa- AND PROTECTED timber resources for medicinal, will establish water reservations AREAS nulth First Nation government ceremonial or artistic purposes, of the unrecorded water Each Maa-nulth First Nation may make laws in respect of trap fur-bearing land mammals of specifi c streams, to has the right to gather plants the management of forest and hunt birds and land enable each Maa-nulth First and the bark of timber for and range practices on its mammals for food, social and Nation to investigate the food, social and ceremonial Maa-nulth First Nation Lands ceremonial purposes within suitability of those streams purposes in provincial parks and provided those laws include that national park or national for hydro power purposes. protected areas that are wholly standards that meet or exceed marine conservation area. MAA-NULTHM A A - N U L T H FINALF I N A L AGREEMENTA G R E E M E N T Huu-ay-aht First Nations: Each Maa-nulth First Nation PLANNING AND ENVIRONMENT for fi ve years after the may apply for water licences MANAGEMENT OFF Federal and provincial laws eff ective date of the treaty, in accordance with provincial MAA-NULTH FIRST on environmental protection for the Sarita River law. Water licences existing NATION LANDS will continue to apply after on Maa-nulth First Nation The Final Agreement sets the treaty comes into eff ect. Ka:’yu:’k’t’h’/Che:k’les7et’h’ Lands as of the eff ective date out that each Maa-nulth First Each Maa-nulth First Nation First Nations: of the treaty will continue.

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