CA PDF Page 1 of 70 Energy East Project Part E: New Brunswick Volume 16: Socio-Economic Effects Assessment Section 5: Traditional Land and Resource Use This section was not updated in 2015. Figures referencing the Project description have been updated to reflect the removal of a marine terminal in Québec. However, the analysis of effects is still valid. This TLRU assessment is supported by Volume 25, which contains information gathered through TLRU studies completed by participating Aboriginal groups, oral traditional evidence and TLRU-specific results of Energy East’s aboriginal engagement program from April 19, 2014 to December 31, 2015. The list of First Nation and Métis communities and organizations engaged and reported on is undergoing constant revision throughout the discussions between Energy East and potentially affected Aboriginal groups. Information provided through these means relates to Project effects and cumulative effects on traditional land and resource use, and recommendations for mitigating effects, as identified by participating Aboriginal groups. The most relevant information for this section is Volume 25 for Woodlands ecoregion, which reviews additional TRLU information identifies proposed measures to mitigate potential effects of the Project on TRLU features, activities, or sites identified, as appropriate. The TLRU information provided in Volume 25 reflects Project design changes that occurred in 2015. 5 TRADITIONAL LAND AND RESOURCE USE Traditional land and resource use (TLRU)1 was selected as a valued component (VC) due to the potential for the Project to affect traditional activities, sites and resources identified by Aboriginal communities. Project Aboriginal engagement activities and the review of existing literature (see Appendix 5A.2) confirmed the potential for Project effects on TLRU. The NEB also requires detailed information regarding effects on TLRU when proposed projects cross Crown land (NEB 2014), which is the case for the Project. This TLRU section provides information regarding potential Project effects on Aboriginal groups’ current use of lands, waters and resources for traditional purposes. The objective of the TLRU assessment is to understand and document current use of land and resources for traditional purposes by Aboriginal peoples, identify mitigation strategies and characterize anticipated project effects. Activities associated with construction, operation, decommissioning and abandonment phases of the Project have the potential to affect current use of lands and resources for traditional purposes by Aboriginal peoples. Information regarding Energy East’s Aboriginal engagement program and the parameters for community inclusion in TLRU studies can be found in Consolidated Application Volume 10. 5.1 New Brunswick Aboriginal Communities Through Energy East Aboriginal engagement activities to May 2014, TLRU study discussions were initiated with: • Buctouche First Nation (Tijpõgtõtjg First Nation) • Eel Ground First Nation (Natoaganeg First Nation) • Eel River Bar First Nation (Ugpi’ganjig First Nation) 1 The term “traditional land and resource use” or TLRU is conceived broadly in its use throughout this Environmental and Socio-Economic Assessment (ESA) to include all aspects of terrestrial and marine environments, in recognition of the inextricable link between the environment that supports traditional land and resource use, the use activities themselves and Aboriginal culture. Energy East Pipeline Ltd. May 2016 5-1 CA PDF Page 2 of 70 Part E: New Brunswick Energy East Project Section 5: Traditional Land and Resource Use Volume 16: Socio-Economic Effects Assessment • Elsipogtog First Nation • Esgenoôpetitj First Nation (Burnt Church First Nation) • Fort Folly First Nation (Amlamgog First Nation) • Indian Island First Nation (L’nui Menikuk First Nation) • Kingsclear First Nation (Pilick First Nation) • Madawaska Maliseet First Nation • Metepenagiag Mi'kmaq Nation (Red Bank First Nation) • Oromocto First Nation (Wolamuktuk First Nation) • Pabineau First Nation (Oinpegitjoig First Nation) • Saint Mary's First Nation • Tobique First Nation (Neqotkuk First Nation) • Woodstock First Nation Profiles for these potentially affected Aboriginal groups can be found in Appendix 5A.1, and community locations are shown in Figure 5-1. Energy East is committed to ongoing engagement with potentially affected Aboriginal groups and there is the potential for additional groups to request TLRU studies. 5.2 Traditional Land and Resource Use Program Two types of information are being requested from Aboriginal groups for the purposes of this application: TLRU information and Traditional Ecological Knowledge (TEK) information. For this application, TLRU and TEK are defined as follows: • TLRU is the knowledge held by an Aboriginal group regarding the community’s use of land, water and resources. TLRU includes information such as hunting, trapping, fishing, and plant gathering locales; lists of harvested species; information regarding harvesting practices (such as seasonality); sites such as trails, cabins or campsites; and sacred areas such as burials or ceremonial sites. Additional contextual information related to TLRU may be provided by Aboriginal groups, including temporal information (e.g. when certain sites are used or harvesting occurs, whether use occurred in the past or present) or information regarding the uses of harvested plants or animals (e.g. subsistence, medicinal, ceremonial). • TEK is an Aboriginal group’s body of ecological knowledge regarding a particular natural and cultural environment, accumulated through generations of living within a traditional territory or occupancy area. TEK is most frequently provided regarding animal and plant species, and can include information such migration patterns, habitat, population health and diversity, vegetation growth, spawning areas or changes to any of these. TEK may also be provided regarding water or air quality, weather patterns (temperature or precipitation), soil stability, flooding, permafrost or other environmental features. 5-2 May 2016 Energy East Pipeline Ltd. CA PDF Page 3 of 70 Energy East Project Part E: New Brunswick Volume 16: Socio-Economic Effects Assessment Section 5: Traditional Land and Resource Use TEK and TLRU are closely related, but these two types of information are subject to different NEB filing requirements, and are therefore used differently in the application. TLRU information is needed to complete an assessment of effects on current use of lands and resources for traditional purposes, as is required by the NEB. The NEB suggests that TEK information be used throughout the application and in Project planning, in addition to other sources of information such as scientific literature or previous environmental assessment or monitoring reports (NEB 2014). Throughout the remainder of this section, and in the TLRU sections for other provinces and in Volume 17, this component of the ESA will primarily address TLRU and will be referred to as TLRU. Any TEK information provided by Aboriginal groups may be included within any supplemental environmental reports being submitted to the NEB, once it is available for the Project. TEK information may also be documented within each Aboriginal group’s TLRU study report. As a matter of corporate practice, Energy East, as a subsidiary of TransCanada PipeLines Ltd. (TCPL), supports the conduct of TLRU studies within the context of its proposed developments across the Project in a manner that meets or exceeds regulatory requirements. During the Project Aboriginal engagement process, Energy East communicated to Aboriginal communities its intent to support TLRU and TEK information gathering. Where Energy East negotiated agreements with participating Aboriginal communities, the terms Traditional Knowledge (TK), Traditional Land Use (TLU) and TEK were used. See Consolidated Application Volume 10 for further information regarding Energy East’s Aboriginal engagement program. Energy East Pipeline Ltd. May 2016 5-3 CA PDF Page 4 of 70 Part E: New Brunswick Energy East Project Section 5: Traditional Land and Resource Use Volume 16: Socio-Economic Effects Assessment 5-4 May 2016 Energy East Pipeline Ltd. 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