Núhenne K’eyághë Еëᰯá Еéghádáփdá (W ORKING ON THE LAND TOGETHER )
DRAFT Athabasca Land Use Plan: Stage One
March 2006 DRAFT | for Public Review
The Athabasca land use plan represents a partnership between the Saskatchewan government and the seven Athabasca communities of Camsell Portage, Uranium City, Fond du Lac, Stony Rapids, Black Lake, Hatchet Lake and Wollaston Settlement. The partners have agreed to work together on the planning and management of land and renewable resources in the Athabasca region of northern Saskatchewan.
ISBN: ______
Athabasca Interim Advisory Panel, March 2006.
All photos in this document are included courtesy of the Prince Albert Grand Council (PAGC) and SE, unless noted otherwise. All PAGC and SE photos may be reproduced and distributed for educational purposes.
The majority of this document was written in mid-2003. In some cases government legislation, policy and department names have changed since the time of writing. These will be updated immediately prior to the release of a final Stage 1 land use plan.
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 2
Acknowledgements
The main credit for this work goes to the Athabasca Interim Advisory Panel, who steered the various projects involved in the planning process and developed these recommendations for land use and management. Panel members put a great deal of work into overseeing the process and communicating with their constituents. Thanks also goes to the signatories to The Agreement Respecting the Land and Renewable Resource Use Planning and Management in Northern Saskatchewan - Lake Athabasca Region. The strong support of the Athabasca chiefs, mayors and councils, the federal and provincial government, industry, environmental groups and others who contributed as partners in the process is greatly appreciated.
Hundreds of people also contributed their knowledge and experience, including Athabasca community members, industry, government and non-government workers. Their participation and contributions are gratefully acknowledged. Special acknowledgement must go to the Athabasca Elders who were closely involved with the development of the plan. Their knowledge, gained from living on the land and keen observations about land uses in the region, contributed in many ways to the plan. Thanks also to the people who provided administrative support and helped produce, review and edit the plan, including a suite of Saskatchewan Environment and Prince Albert Grand Council staff, as well as PACTeam Canada Inc.
Athabasca Interim Advisory Panel members: Hatchet Lake: Paul Denechezhe, Phillip Josie, Angus Tsannie, the late Baptiste Besskkaystare, Adam Benoanie, Bart Tsannie Black Lake: Modest Bigeye, Ambrose Sandypoint, Billy Sandypoint, Donald Sayazie, Phillip Sayazie, Jimmy Laban, Antonette Donard Fond du Lac: Louie R. Mercredi, Billy Adam, Bart McDonald, Georgie McDonald, Leon Fern, the late August.Mercredi and Germain Adam Stony Rapids: The late Edwin Mercredi, Georges T. Mercredi Uranium City: Dennis Landan, James Augier, Jimmy Mercredi Wollaston Post: Terri Daniels Camsell Portage: Gabriel Stenne Canadian Parks and Wilderness Society: Alan Appleby Saskatchewan Mining Association: John Tosney Saskatchewan Northern Affairs: Dorothy MacAuley, Carol Rowlett Saskatchewan Environment: John Schisler, Dianne Allen Prince Albert Grand Council: Don Deranger, Edward Benoanie, Emile Hansen, Diane McDonald
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 3
Table of Contents 4.3 WILDLIFE CONSERVATION ...... 56 4.3.1 General approaches to wildlife conservation...... 56 EXECUTIVE SUMMARY ...... 7 4.3.2 Barren-ground caribou protection...... 57 1.0 INTRODUCTION ...... 18 4.3.3 Sport hunting of moose and bear ...... 60 4.3.4 Wildlife protection and use of poisons ...... 63 1.1 BACKGROUND ...... 18 4.3.5 Wildfire impact on caribou, furbearer habitat and 1.1.1 The Athabasca Interim Advisory Panel...... 19 livelihood ...... 64 1.1.2 What is land use planning?...... 20 4.4 FISHERIES MANAGEMENT ...... 66 1.1.3 Legal implications of this land use plan...... 21 4.4.1 Allocations...... 66 1.1.4 Athabasca communities...... 22 4.4.2 Conservation aspects of catch-and-release fishing ...... 68 1.1.5 The land and resources...... 23 4.5 FOREST RESOURCES MANAGEMENT ...... 69 1.2 LAND USE PLANNING PROCESS ...... 29 4.5.1 Non-timber forest products (NTFPs)...... 69 2.0 GOALS AND OBJECTIVES ...... 34 4.5.2 Saw logs for building and firewood...... 70 3.0 PRIORITY LAND USE AND RESOURCE 4.6 COMMERCIAL AND INDUSTRIAL ACTIVITIES ...... 71 MANAGEMENT ISSUES ...... 36 4.6.1 Environmental management of hydro...... 71 4.0 LAND MANAGEMENT POLICIES...... 38 4.6.2 Nature-based tourism, ecotourism and cultural tourism ...... 73 4.1 SOCIAL AND ECONOMIC ISSUES : ATHABASCA COMMUNITY 4.6.3 Environmental management of mining...... 74 INVOLVEMENT IN A RESOURCE -BASED ECONOMY ...... 38 4.6.4 Environmental management of abandoned mines ...... 77 4.1.1 Introduction ...... 38 4.6.5 Efficient and timely permitting process...... 79 4.1.2 Consultation concerning new land and water use 4.6.6 Road and trail construction ...... 80 proposals...... 40 4.6.7 Waste disposal from camps ...... 84 4.1.3 Compensation for development impacts on 4.6.8 Service centres, commercial and recreational traditional use and trapping...... 43 dispositions ...... 85 4.1.4 Increasing local tourism business ownership through 5.0 LAND USE ZONING...... 88 SE licensing...... 45 4.1.5 Local hiring issues in Athabasca tourism...... 47 5.1 INTRODUCTION ...... 88 4.1.6 Guides for outfitter fishing operations ...... 48 5.1.1 Approach to zoning in the land use plan...... 89 4.2 CONSERVATION OF SIGNIFICANT NATURAL AND CULTURAL 5.2 LAND USE ZONES ...... 94 AREAS ...... 49 5.2.1 Nփh bëk’ësórëdᰯí land use zone...... 96 4.2.1 Conservation areas ...... 49 5.2.2 Special management areas ...... 99 4.2.2 Protection of significant cultural sites ...... 52 5.2.3 Community and infrastructure areas...... 101 4.2.3 Cumulative impact of increasing development 5.2.4 Multiple use areas ...... 103 pressure...... 55
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6.0 ATHABASCA MANAGEMENT STRUCTURE ...... 104 6.1 INTRODUCTION ...... 104 6.2 OUR VISION FOR THE ATHABASCA MANAGEMENT STRUCTURE ...... 105 6.2.1 Tasks and mandate ...... 107 6.2.2 Membership...... 107 6.2.3 Working arrangements ...... 107 6.2.4 Organization...... 108 6.3 INTERIM RECOMMENDATIONS ...... 109 6.4 LONGER TERM RECOMMENDATIONS ...... 110 6.5 BUILDING CAPACITY ...... 111 7.0 IMPLEMENTATION...... 112 7.1 APPROVAL PROCESS ...... 112 7.2 MONITORING AND REVIEW ...... 113 7.3 EXCEPTIONS ...... 113 7.4 AMENDMENTS ...... 114 7.5 DISPUTE RESOLUTION ...... 115 7.6 NEXT STEPS ...... 116 7.6.1 Research and inventory priorities...... 116
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 5 List of Figures Figure 1: The planning area is located in the far north of the province of Saskatchewan...... 8 Figure 2: The Agreement outlines three stages of planning...... 18 Figure 3: The groups involved in Athabasca land use planning...... 19 Figure 4: Athabasca community populations, 2000 ...... 22 Figure 5: Athabasca population by age group, 2000 ...... 22 Figure 6: Athabasca Ecoregions...... 24 Figure 7: Saskatchewan geology ...... 25 Figure 8: Fire history of the planning area ...... 27 Figure 9: Estimated fire cycle lengths on the forested winter range of the BQ Caribou ...... 28 Figure 10: The Panel’s hopes and fears...... 35 Figure 11: Outfitter licenses issued in Athabasca in 2000 (Source: SE).... 45 Figure 12: Forest over 50 yrs old in the Athabasca...... 64 Figure 13: Community-identified examples of abandoned uranium exploration trenches ...... 78 Figure 14: Conservation values overlay: stage 1 planning area ...... 92 Figure 15: Draft Athabasca land use designations ...... 94
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 6
List of Appendices
Appendix 1: Additional concerns of Athabasca residents Appendix 13: Memorandum of Understanding between Saskatchewan Energy and Mines and Saskatchewan Environment and Appendix 2: Maps of priority land use areas Resource Management (1997) Appendix 3: Criteria used in the identification of significant natural Appendix 14: Excerpt from the executive summary of an Assessment of areas Abandoned Mines in Northern Saskatchewan (Year Two), Appendix 4: Criteria for the identification of significant cultural areas May 2002 Appendix 5: How the land use zones were developed Appendix 15: Provincial and federal departments and agencies responsible for land and resource management Appendix 6: Athabasca Interim Advisory Panel terms of reference Appendix 16: Provincial and federal legislation applicable to land and Appendix 7: 2001 –2002 traditional use and occupancy: executive resource management summary Appendix 17: Provincial and federal policies and guidelines applicable Appendix 8: Background information on the Athabasca Management to land and resource management Structure Appendix 18: Letter from Athabasca Vice-Chief regarding exclusion of Appendix 9: Letter from Saskatchewan Heritage Branch regarding minerals from The Agreement protection of cultural sites in the Athabasca Appendix 19: Saskatchewan mineral exploration process Appendix 10: Saskatchewan environmental assessment and review process Appendix 20: Athabasca disposition review process Appendix 11: The Agreement Respecting the Land and Renewable Appendix 21: Athabasca mineral resource assessment process Resource Use Planning and Management in Northern Appendix 22: List of recommendations that may require legislative Saskatchewan - Lake Athabasca Region amendment Appendix 12: Taiga Shield Special Management Areas: Identification, Appendix 23: References Management and Use of Specific Areas in "The Land of the Little Sticks"
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 7
Introduction
The Agreement Respecting the Land and Renewable Resource Use Planning and Management in Northern Saskatchewan - Lake Athabasca Region (The Agreement ) was signed in March 2000 and created an Interim Advisory Panel (the Panel) that held its first meeting in January 2001. Under The Agreement , the Panel is tasked with preparing a land use plan and recommendations for a local management structure that explores options for the delegation of the Saskatchewan Environment (SE) Minister’s authority. While planning is underway, there is a freeze on certain development activities in the planning area (Appendix 11, s5.8 ). The Stage 1 planning area is a 50 km wide road corridor covering a 15,000 square kilometres. It includes the northern portion of Highway 905, and runs along both sides of the seasonal road from Points North to Stony Rapids, and the winter road between Stony Rapids and Fond du Lac. This plan does not affect Treaty and Aboriginal Rights, and allows existing dispositions to continue. There is strong community support for this document. Approximately 700 community members (approximately 35% of the Athabasca adult population) directly contributed to the plan through a participatory planning process. Many different groups were invited to participate, including government, industry, Aboriginal, and environmental organizations. The Panel is submitting this document to the groups they represent and to the general public for their consideration and review. Following the public review process the approval of the plan will follow the process described in Section 7.1. The Panel has worked for consensus among the Athabasca communities, industry (represented by the Saskatchewan Mining Association), relevant provincial government departments such as Environment and Industry and Resources, and environmental groups represented by Canadian Parks and Wilderness Society (CPAWS). In the few instances where the Panel did not reach unanimity, this document recommends a process that may resolve the issues. Figure 1: The planning area is located in the far north of the province of Saskatchewan
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Oman rollier Lake G Hawkins Lake L. ake L. Lake Astrolabe Lake L. Lake Lake ompas B Young Herbert Forsyth Lake
e Lake Draft Athabasca Lands Use Zones: Stage 1 Planning Area Box a r Lake Lake e Lake e r iv Nevins R Lake G Kaskawan Lake Thicke Lake Milton N Hunt Lake B Lake Falls Chipman Grove u ly e Lake a Lake Charlebois Fran Clut e Mukasew River n Lake pi Walker u W E L. rc m nd Lakes o Pinkha Lake Special Infra- Fo d P Lake Land use activities Nփh Multiple $ u L Lake Fond du Lac ac River Management structure $ Fanson bëk’ësórëdᰯí Use Helmer Stony Rapids Ochak SL. Richards Black L. L. Lake Traditional use P P P P . Lake Engler e R Hannah sid Lake Riou $ er L. th Black Lake ewnham Guided fishing & hunting C C P P O Lake Elizabeth N Misekumaw Falls Lake Lake Nordbye Hocking L B Commercial fishing C C P P L. Fond du ac L. Hawkrock . Walsh Squirrel Giles R N* Babiche Sand gravel extraction C P P Lake R L. i
v L.
Lake r e e
v r Be
i Roads & trails N* C P C
Luffman R L. Wapata Lake Lake c Stage 1 planning area Whigham Lodges & infrastructure N C P P Fa r k L. la boundary River c Corson n o e r L. k Waste disposal N C P P w r a e iv r H R Rive t Livingston r Hatche Mineral extraction C C P P e wate Lake Bad Forsyth L. L. e ranger Scrime Pin G Mineral exploration C C P P Durrant L. L. r Lake e Land area v Snare i d LEGEND R un Hydro development N C P P fo (%) er at r W Lake Thomson e Specփal Management Area (40%) v i
S R Pasfield enday n Lake Theriau H Nփh bëk'ësórëdᰯía (Conservatփon) (13%) e r Lake r e Lake WOL ek Communփty/InfrastructureDautremont areas (10%)re L. Lake C Multփple Use Areas (37%) Waterbury N = Not permitted; BrudellSeasonal road LAK e P = Permitted; n Lak$e o Communփtփes t R s Lake i e v r p Hatchet Lake Major rփverse te i r n ew C = Permitted with special conditions. u P Cushing Ahenak H L. Major Lakes L. * Exceptions may be granted as per Sections 4.6.6 and 5.2.1. Mayson 20 0 20Enge 40mann 60 80 Kilometers lose Lake Pipestone C Kirsch Lake L. ee Lake r L. Pawliuk C
The plan contains four land use zones:
Nփh bëk’ësórëdᰯí: A Denesuline word pronounced Nee-bek-kes-so-red-lee, meaning, ’areas to respect and keep in their natural state.’ 13% (Conservation Area) This zone contains a high concentration of sensitive cultural values and contains highly significant natural areas. The existing disposition freeze remains in place over this zone as per The Agreement s5.8 . Proposed activities that are exempt from the disposition freeze will be subject to more rigorous up-front scoping and consultation, and in some cases may be restricted.
Special Management Area: This zone contains important natural features, intense traditional land use areas and has a low to medium concentration of 40% special cultural places. New development activities are allowed, subject to more rigorous up-front scoping and consultation to locate and protect significant natural and cultural values. The development process may be more lengthy and costly in this zone.
10% Community and Infrastructure Area:a Areas that are dedicated to community and public infrastructure. Other land uses may be limited.
Multiple Use Area: This constitutes the remainder of the planning area. All development activities are permitted under appropriate approval and 37% regulatory processes. The primary goal is the conservation of the ecosystem while allowing for ongoing resource use and management activities.
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Social and Economic Issues
Consultation Government is required to ensure meaningful consultation with Aboriginal people about activities that may affect their rights to hunt, fish, trap and gather. To help government and industry, the Panel developed a number of guidelines they believe will result in better consultation, including: • The identification of people who could be potentially affected by a development will be made easier through the use of an extensive traditional land use database, and through consultation with an agreed list of organizations in the region; • Better information about proposed development activities will be provided; • Communications regarding development applications and the outcomes of consultation will be improved. Compensation for Negative Impacts on Traditional Use and Trapping The Panel discussed the impacts of development on the Athabasca communities’ traditional land use activities and the need for compensation. SE acknowledged this issue as within its mandate and has made a commitment to initiate a cooperative process to resolve it. The Panel identified key points that should form the basis of discussions.
Local Hiring Issues in Athabasca Tourism
A large proportion of guides and camp workers in the Athabasca are hiredfrom outside the region. Considering the outcomes published by the Northern Outfitting Review Committee (2001) and the government response, the Panel saw the need for practical guidelines to encourage more local hiring. These recommended guidelines include annual reporting on employment statistics and better linkages between potential job candidates and businesses.
Increasing Local Tourism Business Ownership Through SE Licensing Outfitting is a major land use in the region in terms of revenue and employment. In 2001, the SE Minister identified low local ownership of outfitting businesses as a key issue in northern Saskatchewan. The Panel also identified this as an important land use issue. Considering the outcomes of the Northern Outfitting Review Committee (2001), the Panel decided that a regulatory mechanism to increase partnerships in the local tourism industry should be explored in order to increase local employment, management capacity and control. SE and the Panel will investigate options to give preference to local groups to take advantage of new and existing business opportunities. One option to be considered is a right of first refusal on the sale of existing tourism businesses.
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Conservation of Natural and Cultural Resources
Nփh bëk’ësórëdᰯí (Conservation Areas) Currently, the Stage 1 planning area contains no legally designated protected areas. Through a process of data collection, analysis and consultation, the Panel identified areas with special features within the area. Represented features include highly significant natural values, intensive traditional use areas, high concentrations of burial and sacred grounds, medicinal plants Significant Cultural Areas and known critical wildlife habitat. Although current regulation aims to address the The Nփh bëk’ësórëdᰯí zone contains many of these significant protection of archaeological sites under the areas. The existing disposition freeze will remain in place here. Saskatchewan Heritage Property Act, it may be In the next planning stage the status of this zone and the status of failing to locate and protect important and highly protected areas in the entire Athabasca region will be finalized sensitive cultural areas such as burial and sacred (section 5.2.1). grounds and medicinal plant areas. The Panel’s recommendations enhance the protection of such places across the entire planning area through a commitment to: • Add steps to the permitting and environmental review processes to locate and protect important sites; • Recommend the development of appropriate buffers around these areas; • Evaluate the ability of current legislation to Forest Resources Management provide appropriate protection of these areas and discuss options for improving Many forest products are important for community use, with significant legislative protection. commercial opportunities in non-timber forest products such as mushroom harvesting. Specific silviculture and fire management guidelines are recommended to enhance the protection of the ecosystem and important community forest areas. The Panel also recommends that Athabasca communities have the first opportunity to partner in any commercial timber opportunities that may arise in the region.
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Wildlife Management Barren-ground caribou are an essential element of Dene culture, the ecology and community life in the Athabasca region. Concerns about caribou include increased hunting pressure from non-traditional Aboriginal caribou hunters, the impact of recent decades of large wildfires to the herd’s migration, as well as the increasing level of hunter access to fragile moose habitat. To address these concerns, the Panel recommends: • Considering a 500 m game management corridor on each side of the Athabasca seasonal road; • Establishing an agreement between traditional and non-traditional caribou-using communities outlining principles and mechanisms to protect the herd from over-hunting; • Developing an ‘early-warning’ system to monitor barren-ground caribou movements and to trigger a contingency plan if the herd moves south through the Athabasca seasonal road corridor; • Increasing community involvement and training in fire management planning; • Considering additional controls on the sport hunting of moose and bear to address the fragile and sporadic nature of habitat in the region, including a revised allocation and quota system for moose Fisheries Management and bear, managed by SE and the Athabasca Management Structure (AMS), and the requirement for guides to accompany all sport Lakes within the Stage 1 planning area have their fish hunters in the region. resources fully allocated; however, some outfitters and commercial fishermen have licenses on lakes they no longer fish. This has affected SE’s ability to meet new allocation requests from commercial fishermen and outfitters, resulting in conflicts between users. Consistent with the Northern Outfitting Review Committee Report (2001), the Panel recommends a number of mechanisms to ensure outfitters demonstrate consistent and ongoing use of all resource allocations or lose the unused allocations.
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Commercial and Industrial Activities
Environmental Management of Mining The Athabasca Basin has the world's largest uranium resource, generating approximately one third of global production. The uranium industry is a large employer in the region, with over $10 million flowing to Athabasca employees in 2002. Other economic benefits flow to the region and the province from the purchase of goods and services, capital, exploration and reclamation expenditures, taxes and royalties and surface lease fees. Despite heavy environmental regulation, there is concern locally and globally about the risk uranium mining may pose over time to plants, animals, water, land and air. Adding to concerns about potential mining impacts is the legacy of the 42 abandoned mines in the region. Environmental Management of Hydro These mines operated at a time when environmental protection Several sites in the region, such as waterfalls and rapids, have requirements were less rigorous. During the planning process, the the potential for small-scale hydro projects.. While these concerns of Athabasca residents focused on the cumulative impact projects may have the potential to create lower cost electricity that mines bring to an area, the potential for spills and the levels of for the region, employment and revenues, the development of toxicity in the surrounding ecosystem. these sites may conflict with other values such as sacred sites, The Panel encourages the continued monitoring of fish, animals, and intensive traditional use areas, critical fish and wildlife habitat, air and water quality, together with the ongoing communication of aesthetic values and commercial values. monitoring results with Athabasca communities through the The Panel outlines an area where new hydro projects are not Environmental Quality Committee. Additionally, federal and recommended in order to maintain the integrity of natural and provincial governments must recognize their responsibility to clean cultural systems while long-term protected area designations up the abandoned mines in the region, and ensure substantial local are finalized. The Environmental Impact Assessment (EIA) involvement in planning and carrying out the cleanup. process provides environmental guidelines for projects in (Photo courtesy of www.cameco.com) other areas. The plan recommends that an assessment of traditional use and sensitive cultural sites be included in the EIA process.
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Road and Trails 1 During the planning process, many people raised concerns about potential impacts to wildlife from increased road and trail construction and hunter access. Other issues raised include inadequate Eco/Cultural Tourism and Other Commercial Developments planning, environmental review and consultation. With better road access, demand for a wider range of tourism In order to conserve the ecosystem in the face of and commercial opportunities in the region will increase. The expanding development, the recommended Panel encourages all forms of tourism, yet recognizes that regional approach to future road and trail attractions can involve natural and cultural assets of great construction involves: importance to Athabasca communities. The Panel recommends • the development and maintenance of one monitoring tourist numbers, enhancing community consultation main access route into Athabasca and identifying likely visitor attractions along the road corridor communities; in future planning stages. • improved planning and consultation With regard to cultural tourism, the Panel recommends that concerning developers’ long-term road tourists in the region be allowed to share in traditional and trail plans; experiences; however, the sport hunting of barren-ground • assessment of road and trail proposals on caribou should not be permitted under any circumstances. occupied caribou range for their potential impact. An Environmental Protection Plan (EPP) may be required; • management and reclamation of temporary trails to prevent them from becoming permanent.
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Future Management
The many policies outlined in this land use plan speak strongly about the need for an authoritative and effective Athabasca Management Structure (AMS) . An important aim of the management structure is to increase the participation of Athabasca residents in resource management (Section 6.0). The final goal for the AMS is to acquire delegated, localized decision-making authority about land and renewable resources. However, the path to this goal is lengthy and requires a transition period with interim recommendations that include: 1. The maintenance of the existing Panel until the new structure is established; 2. The establishment of a formal Panel review process for development proposals; 3. The direct participation, in a training and advisory capacity, of a non-governmental Panel member in the SE licensing and review process and the EIA process 4. Conducting the necessary research, legal and otherwise, to achieve the final goal of establishing the AMS. The table below summarizes the Panel ’s vision for its transition to assuming increased management responsibilities. Currently, the Athabasca communities have limited advisory input into the regulatory process. As an interim step, the advisory capacity of the AMS should be expanded, with active participation in some roles. In the intermediate period, the AMS should expand its participation into responsibilities that include the review and approval of some development applications. In the longer term, the AMS may become the agency responsible for certain tasks through delegation of the SE Minister’s authority. Refer to Section 6.0 and Appendix 8.0 for details.
Management responsibility Interim period Intermediate Long-term (Currently Advisory) Until plan approval 2 years after approval 3 years after approval (2-3 years from today) (4-5 years from today) (5+ years from today) EIA Advice Advice Participation Outfitting Advice/Participation Participation/Advice Participation Fire Management Advice/Participation Participation/Advice Participation/Advice Forest Management, Fisheries & Fish Habitat Advice/Participation Participation/Advice Participation/Delegation Wildlife Conservation, Surface Dispositions Advice/Participation Participation/Advice Delegation/Participation Protected Areas To be determined To be determined To be determined
Note: In the above the predominant role of the AMS is shown first, e.g. “ Advice/Participation ” means the AMS operates mainly in an advisory capacity, with participation in some aspects of the regulatory process.
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Abbreviations
AMS Athabasca Management Structure AIT Agreement on Internal Trade BQCMB Beverly and Qamanirjuaq Caribou CNSC Canadian Nuclear Safety Management Board Commission CPAWS Canadian Parks and Wilderness NMMS Northern Mines Monitoring Society Secretariat EIA Environmental Impact Assessment EQC Environmental Quality Committee IAP Interim Advisory Panel EPP Environmental Protection Plan The Panel NAD Northern Administration District SNA Saskatchewan Northern Affairs NORC Northern Outfitting Review PAGC Prince Albert Grand Council Committee RAN Representative Areas Network AEDTC Athabasca Economic Development SE Saskatchewan Environment Training Corporation SIR Saskatchewan Industry and UNESCO United Nations Education, Science Resources and Culture Organization SMA Saskatchewan Mining Association UN United Nations TLUO Traditional Use and Occupancy TRU Traditional Resource Use WMZ Wildlife management zone DFO Department of Fisheries and Oceans NAFTA North America Free Trade Agreement
17 SECTION 1.0 Introduction
1.0 Introduction 1.1 Background
In 1995, the Canadian Coast Guard eliminated dredging and navigational aids on the Athabasca River and Lake Athabasca, thereby making the barging of supplies into the region more difficult and uncertain. In response, the Canadian Coast Guard, the Athabasca communities and the Province worked together to build a new service road to the region. This opened in 1998.
Stage 1 Stage 2 Given that this road would bring increased development and changes to land and water activities, Athabasca leadership and the Saskatchewan government developed Stage 3 The Agreement, shown in Appendix 11. It specifies the preparation of a land use plan that aims to minimize the negative impacts of development and increase the benefit to people in the region. It also specifies the establishment of a local management structure, exploring options for delegating the Minister’s authority.
Figure 2: The Agreement outlines three stages of planning
Planning for the region is conducted in three stages. The Stage 1 planning area covers a 15,000 km 2 area, 25 km on each side of the Athabasca seasonal and winter road, including the northern portion of Highway 905. When a Stage 1 plan is finalized, the AMS will be established to manage the Stage 1 area and planning will commence for the Stage 2 area (21,722 km 2). Stage 3 (79,278 km 2) expands planning and management to the entire region after five years from the commencement of Stage 1 planning.
A freeze on new dispositions is in place for outfitting, recreational cottages, and other commercial dispositions within the Stage 1 area (Appendix 11, s5.8 ). Following completion of Stage 1 planning, an equivalent disposition freeze will be applied to the Stage 2 geographic area. The freeze does not include dispositions for mineral exploration and extraction or for Traditional Resource Use permits.
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 18
This land use plan applies to all Indian Reserve and provincial Crown land within the planning area, with the exception of: • lands within northern hamlets, northern villages or towns; • sub-surface Crown rights and associated non-renewable resources administered by Saskatchewan Industry and Resources (SIR) (see Appendices 11 and 18); • water. Notwithstanding the above exceptions, recommendations relating to the following are included in the land use plan: • fish and fish habitat; • environmental impacts on water; • environmental impacts from water activities; • environmental impacts from mineral activities.
1.1.1 The Athabasca Interim Advisory Panel
The Agreement created an Interim Advisory Panel (IAP, the Panel ), with the majority of seats allotted to people from the region. Athabasca communities appoint their Panel representative. The Panel ’s role is to steer the development of the plan; this document is a product of their work. The Panel reviews development applications for the region using the process described in Appendix 20.
The Panel invited a broad range of interests to participate in the planning process, and to suggest their preferred level of participation. This ranges from being a member of the Panel through to simply receiving information updates. For instance, the Saskatchewan Mining Association (SMA) and the Canadian Parks and Wilderness Society (CPAWS) participated as Panel members. Other groups, such as Saskatchewan Highways and Transportation, requested information and invitations when relevant topics were on meeting agendas. Figure 3: The groups involved in Athabasca land use planning
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 19 SECTION 1.0 Introduction
1.1.2 What is land use planning? Land use planning creates policies to guide where future development activities can and cannot happen on the land, and under what conditions. It: • is a tool to help communities and others to achieve their goals; • is a reflection of social, cultural and economic priorities in a given area; • is a decision-making process that integrates environmental, economic, social and cultural needs by balancing local and provincial interests; • recognizes that development has the greatest impact on residents and development should maximize the opportunities available to area residents; • is a process that takes place within the existing legal and legislative framework in Saskatchewan; • is a document that respects existing and ongoing dispositions on provincial Crown lands; This graphic explains land • is a document that respects Aboriginal rights to engage in traditional land-based activities. use planning
POSSIBLE DEVELOPMENT For example, road & trail construction, hydro, recreational cabins, PROJECTS mining, and timber cutting. (Activities that require permits and licences)
LAND USE POLICIES Land use plans outline policies to help people achieve their goals (What people want for and overcome problems on the land base. All activities should their land & waters) therefore fit within these policies.
DESICIONS If the project conforms to the land use plan, development can (What development is proceed. appropriate) yes (Subject to permit and / or license restrictions)
maybe (There are special considerations for development activities; LAND USE ZONING e.g. caribou migration or frozen ground access.) Source: Sahtu Preliminary (Where development no (Development would conflict with other land uses that are Draft Land Use is appropriate) given priority or would harm the landscape.) Plan
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 20
1.1.3 Legal implications of this land use plan
It is acknowledged that the land use plan does not override existing provincial legislation. If this plan is inconsistent with provincial legislation or regulations, the existing legislation or regulations continue to govern. Approval of the plan does not elevate the plan's legal status beyond what the relevant legislation has conferred. In several instances, to enable better management practices the plan makes consensus recommendations to change provincial law (Appendix 22). Approval of such recommendations would constitute a commitment to develop a proposal for legislative or regulatory change and would follow existing legislative amendment processes. Proposals put forward may or may not be implemented.
This land use plan does not alter the legislative authority of the Provincial Legislature or the regulation- making power of the Executive Government, including the authority to manage, conserve and regulate natural resources. The plan does not affect the ability of the Government of Saskatchewan to enforce the provisions of provincial legislation and regulations within Saskatchewan in a manner and to the extent considered appropriate. The land use plan does not cancel, repeal, abolish or detract from the exercise of any statutory power of the Government of Saskatchewan.
This land use plan is intended to respect the principles of administrative law. The plan is not intended to be used or interpreted in such a way as to fetter the Minister's discretion or delegate the Minister's authority beyond the level authorized pursuant to existing legislation. However, in signing The Agreement , the provincial government committed to explore options for delegated authority in renewable resource management decisions to a local management structure. Options recommended by the Panel would again constitute a commitment to develop a proposal for legislative or regulatory change and follow the existing legislative amendment process. Any proposal would be subject to other processes and may or may not be implemented.
The implementation of various items in this land use plan is subject to annual government budgeting approval procedures as set out in The Financial Administration Act, 1993, and any other relevant statute or regulation. This plan does not override, fetter or avoid such government budgeting processes.
This land use plan does not remove the requirement to obtain licences, permits or other government authorizations that may be required pursuant to any legislation. This land use plan does not affect or replace the environmental assessment requirements which may be triggered on a particular development by The Environmental Assessment Act nor is it intended to add to or detract from existing Aboriginal or Treaty Rights of the Aboriginal peoples of Canada that are recognized and affirmed by Section 35 of the Constitution Act, 1982 .
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 21 SECTION 1.0 Introduction
1.1.4 Athabasca communities
Black Lake The Athabasca region has a population of approximately 5,344 people in seven communities: Black Lake, Fond-du-Lac, Camsell Portage, Stony Rapids, Uranium City, Hatchet Lake Hatchet Lake, and Wollaston Lake (Figure 4). Roughly 98% of the population are Dené, Fond du Lac Métis or Cree. Approximately 40% of the population is under 15 years of age (Figure 5). The population increased by 5.5% between the 1986 and 1991 censuses, while the Stony Rapids provincial population decreased by 2%.
Uranium City Compared to those in southern Saskatchewan, people living in the Athabasca region face higher unemployment rates, housing shortages, inadequate sewer systems and lower Wollaston Lake incomes. Camsell Portage In general, people in northern Saskatchewan face a more health issues than people in the south. Cancer rates in the north are slightly less than the provincial rates; however, the 0 500 1000 1500 rate of lung cancer is much higher in the north. Figure 4: Athabasca community populations, 2000 Diabetes is becoming a significant health issue, along with its complications such as heart Athabasca Population by Age Group (2000) disease, kidney failure, blindness and blood vessel disease in the legs. Rates of infectious diseases, including hepatitis A, tuberculosis, chlamydia, gonorrhoea and intestinal diseases from bacteria and parasites are higher in the north compared to the province as a 65+ 45-64 0-4 whole. The incidence of intestinal diseases is three times greater in the north.
Electricity from three hydroelectric stations on the Charolette River system supplies the Athabasca communities with power. All communities have telephone services and water treatment facilities. 5-14 25-44 Road access is via Highway 905, which extends from La Ronge to Wollaston Lake. The Athabasca seasonal road links Highway 905 with Stony Rapids and Black Lake and an ice 15-24 road connects Stony Rapids and Fond-du-Lac.
Further historical context and details on the Athabasca communities can be found in the Athabasca Background Document (2002). Figure 5: Athabasca population by age group, 2000
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1.1.5 The land and resources
The Athabasca region has short, cool summers and long, cold winters. Lakes cover one third of region’s area. The Athabasca region has relatively low precipitation because of the sub-arctic to arctic transitional climate. Most of the precipitation is rainfall, with a smaller portion being snowfall. The major drainage basins are the Athabasca and the Churchill River systems. The Athabasca region includes four types of ecoregions (Figure 6):
1. Tazin Lake Upland Ecoregion: • Sparse, thin glacial deposits in low-lying areas; • Bedrock outcrops create ridged hills, up to 100m high; • Moderately well-drained clay-sand and organic soils; • Widespread distribution of permafrost with some areas permanently frozen.
2. Athabasca Plain Ecoregion: • Broadly rolling hills and wetlands; • Flat sandstone bedrock is covered by sandy glacial deposits; • Drumlins, eskers, and melt-water channels; • Well-drained soils, organic soils and a few sand dunes.
3. Churchill River Upland Ecoregion: • A thinner layer of glacial deposits overlying the bedrock; • Exposed bedrock and broad, smooth hills up to 90m in height; • Little soil formation; • Bogs and fens are likely to have permafrost with organic soils.
4. Selwyn Lake Upland Ecoregion: • Broad, gently sloping hills, up to 50m high; • Drumlins, bedrock outcrops, and glacial till plains; • Moderately well-drained clay-sand soils; • Southern area dominated by organic soils, fens; • Northern area dominated by permafrost under one meter of soil.
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 23 SECTION 1.0 Introduction
Figure 6: Athabasca Ecoregions
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Figure 7: Saskatchewan geology
Mid-Proterozoic sedimentary rocks of the Athabasca Basin underlie most of the planning area (Figure 7). These consist mainly of sandstone, conglomerate, and siltstone that were deposited in an inland sea atop older Precambrian basement rocks. The Athabasca Basin occupies an area of approximately 100,000 km 2 and is up to 1,400 m thick. The majority of the Stage 1 planning area covers the northeast corner of the Athabasca Basin.
Figure 6 shows vegetation patterns in the region. Some important features are the mixed-wood forests found along rivers and streams including white birch and poplar.
Fish diversity in the Churchill River Upland is moderate while the Athabasca Plain, Tazin Lake Upland, and Selwyn Lake Upland experience lower fish diversity respectively. Aquatic and invertebrate animals are less abundant than in more southern regions due to the less productive sandy bottoms of lakes and streams. Fewer insects and shoreline plants result in lower fish populations.
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 25 SECTION 1.0 Introduction
Wildlife density is low to moderate in the Athabasca region due to the harsh environment created by adverse climate, sandy, sometimes shallow soils and high fire frequency. The dry uplands are poor habitat for most species; however, abundant riparian vegetation attracts mammal and bird species.
Mammal populations in the region are low to moderate. In the Churchill River Upland, the number of mammal species is moderate and numbers decline further north. Moose, woodland caribou, barren-ground caribou and species of voles, shrews, mice, porcupine, woodchuck, northern flying squirrel, northern bog lemming, little brown bat, snowshoe hare, river otter and limited beaver populations are present. Predators include grey wolf, black bear, least weasel, lynx, wolverine and marten.
Overall bird density is low to moderate, estimated at 140 individuals per 100 ha, and is concentrated in riparian areas. In the dry uplands, species density drops to between 12 and 37 individuals per 100 ha. Resident birds include the common raven, grey jay, hairy, downy and three toed woodpeckers, boreal chickadee, white winged crossbill, red-breasted nuthatch, spruce grouse and ruffed grouse. Migratory breeding populations include the bald eagle, red-tailed hawk, belted kingfisher, palm warbler, hermit thrush, yellow warbler, dark-eyed junco, olive-sided flycatcher and bohemian waxwing.
Migratory bird sites fulfill a life cycle or seasonal function such as breeding, foraging or staging for a specific species and include both land and water areas. Waterfowl densities are low due to a lack of productive habitat. Species include mallard, common merganser, common loon, ring-necked duck, lesser scaup and bufflehead.
Given the abundant and diverse riparian vegetation, amphibian and reptile species are at a medium level of diversity. Five species of amphibians are present including the Canadian toad, wood frog, northern leopard frog and boreal chorus frog. The red-sided garter snake is the only reported reptile in the Athabasca.
There are several species of concern in the Athabasca region. The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) lists the peregrine falcon, shortjaw cisco, deepwater sculpin and the wolverine as threatened species. Furbearers are important to trappers, outfitters and families as they provide food and income for Athabasca residents. Barren-ground and woodland caribou are important species in the ecosystem. Barren- ground caribou continue to be integral for the Athabasca peoples on cultural, social and economic levels.
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Forest fire in Athabasca region C. Bittner
Figure 8: Fire history of the planning area Forest fires are the most significant agent of change in Saskatchewan's boreal shield and taiga shield forests. Northern forests have a natural fire cycle ranging from approximately 25 years to more than 140 years (Figure 9). Forest fires in the Athabasca region have burnt 2.03 million hectares within the last 10 years, roughly one quarter of the land area.
Appendix 2, 3 and 4 summarize a number of uses and values that occur in the planning area. Further detail on Athabasca natural and cultural resources, history and land use can be found in the Athabasca Background Document (2002) and the Athabasca Traditional Land Use and Occupancy Final Report (2003).
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Fire Cycles:
Short = < 81 years Medium = 81-140 years Long = >140 years.
Figure 9: Estimated fire cycle lengths on the forested winter range of the BQ Caribou Source: BQCMB, 1991. A Review of Fire Management on Forested Range of the Beverly and Qamanirjuaq Herd of Caribou , The Beverly and Qamanirjuaq Caribou Management Board, Technical Report 1
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1.2 Land use planning process
The Panel oversaw a team of planners, researchers, and administrative and coordination staff, and followed the generic planning process outlined below to produce this land use plan. This process is described in detail in the following pages. Each step was conducted through extensive consultation with and the participation of communities, government, industry, environmental groups and other interests. Outline of the planning process: 1. Initiation; 2. Define goals and objectives; 3. Collect and analyse information; 4. Find solutions that could resolve issues; 5. Discuss and decide upon recommendations; 6. Write up and approval of the land use plan.
1. Initiation: The Agreement signed, funds secured, staff employed, advisory Panel established.
2. Define goals and objectives: • The Panel spent the first four meetings exploring The Agreement , and developing a terms of reference and workplan for the process (Appendix 6); • Meetings with communities, interested groups and resource people in this initial phase focused on generating an understanding of aspects of the process and clarifying land use and resource management issues that the plan would address; • The Panel established a communication strategy involving newsletters, radio information sessions, community meetings and correspondence lists.
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3. Collect and analyse information on the ecosystem, land uses and resource management issues in the region: • The planning team researched existing government, industry and other literature to compile information on Athabasca land and resource use in a one hundred-page document ( Athabasca Background Document, 2002 ); • Athabasca communities undertook traditional use and occupancy research, interviewing 415 people (approximately 20% of the adult population) from the region about their use of the land. This research resulted in a level of TLUO information unprecedented in Saskatchewan: 1100 map overlays with over 65,000 mapped sites and places and hundreds of hours of audio cassette recordings (Appendix 7); • The Athabasca communities and the Panel provided input on priority land use and resource management issues through six panel meetings and more than 20 community meetings in 2001; • The planning team asked government, industry and non-government staff working in the region for their input on issues requiring attention in the plan, through e-mail, phone and personal communications; • The Panel prioritized the issues to be addressed in the land use plan (Section 3.0); • The planning team compiled all available spatial information in an analysis of priority land use and overlap areas (Appendix 2).
4. To find land use planning solutions that could resolve the issues, the Panel : • Researched the background, existing policies and legislation that relate to the issues, using materials provided by the planning team; • Developed a range of options in conjunction with government, industry, and local stakeholders, using materials and facilitation provided by the planning team;
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5. Discuss solutions with affected land users and agencies, and make recommendations: The Panel developed policy-based solutions in a series of five meetings, with three additional meetings focusing on zone-based solutions to the issues. Participatory planning methods were used where possible to promote good communication and understanding of proceedings. Participants evaluated many meetings in order to find better ways of working together.
POLICY-based recommendations: • Government agencies provided background on current policy, legislation and operations related to the issue. Industry representatives outlined current approaches to the issue. In some cases, a clearer understanding of existing policies and practices resolved the issue; • Resource people from government, industry, associations and communities provided background information and expertise; • Panel members explained why, from their perspectives, the issues were a concern; • Panel members discussed possible resolutions using discussion papers and ideas generated in meetings; • The Panel discussed the pros and cons of each solution and generated alternative recommendations where necessary; • Panel members made consensus-based decisions concerning which recommendations to include in the plan; • Issues outside the SE mandate that were considered are included in Appendix 1.
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ZONE-based recommendations: • The process of land use zoning involved the analysis and overlay of many data layers describing priority areas for different uses and values. This was done in consultation with the various interests in the region (Appendix 2-5); • Panel members determined which land uses are compatible and which are in conflict (Appendix 2); • The Panel used a ‘learn by doing’ approach, involving small group exercises to explore zoning solutions. People became more familiar with the map information and zoning concepts in land use planning; • The Athabasca communities gave direction for land use zones in the plan, balancing development, traditional and conservation values; • The Panel reviewed and discussed the communities’ direction concerning land use zones, using example development proposals to ‘test’ the plan and aid in discussing the plan’s theoretical ability to address the priority issues shown on page 36; • The planning team incorporated the priority area analysis, as well as technical, Panel and community feedback into a draft zoning system, which the the Panel reviewed and revised several times (Appendix 5).
6. Write up and approval of the land use plan: • Planning for Stage 1 is currently in the initial approval stage, with this document submitted to the groups represented on the Panel and to the general public for review. The next steps involve review and approval by provincial, First Nation and municipal governments.
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ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 33 SECTION 2.0 Goals and Objectives
2.0 Goals and Objectives The Agreement sets a framework for Athabasca land use planning and resource management. The Terms of Reference in Appendix 6 further refines the Panel ’s mandate and outlines broad goals and objectives for the land use plan:
Primary Goal:
“To manage the use of the land and renewable resources of the planning area in an integrated and environmentally sound manner to ensure ecological, economic, social, cultural and spiritual benefits for present and future generations” (Appendix 6: Terms of Reference)
Objectives: • To apply the principles of integrated resource management to all resource management activities in the planning area; • To bring all land use information into the process to help ensure knowledgeable recommendations are being made and forwarded; • To include the resource history of the Athabasca region in the background document; • To develop clear land use guidelines that allow for controlled, orderly development. These guidelines will specify: a) what uses are allowed; b) where these uses are allowed; and, c) development limits. • To develop a mechanism to resolve conflicts among users. User education, negotiation and separation of incompatible land uses are some options to be considered; • To provide guidelines for public input into land use planning decisions; • To develop standards to review and evaluate existing and future land uses; • To identify and maintain ecologically representative or unique landscapes, and important cultural, heritage and recreational sites; • To establish procedures to monitor, evaluate and revise the land use plan from time to time. (Appendix 6: Terms of Reference)
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The Panel and other interests also outlined specific objectives for the land use plan, shown below, as hopes and fears for the planning process.
Figure 10: The Panel’s hopes and fears for the land use plan.
Hopes Fears Continued access to minerals for mining companies Too many layers of regulations – unequal Better communication enforcement Set aside several large natural areas No setting aside of natural areas because mineral Government supports the plan’s recommendations potential is “Too High” Less conflict Unequal influence, corporate vs. community That the mining companies hire more people from the Lack of support for future planning and Athabasca region management Not having to fight over our land No consensus, Local control over land and resources including water Loss of development control More and timely communication at the community level Loss of traditional and sacred lands More respect of the land, Issues will not be resolved and no preservation for traditional use areas Mining royalties for Athabasca communities; No compensation for any environment or wildlife Supporting education system impacts Better land and resource management Continue to hire ‘Northerners’ instead of local Continued cooperative planning and management Athabasca people Environment respected and protected Issues not resolved Develop a practical, workable & balanced plan that addresses No recognition of Treaty Rights local and provincial needs and concerns Government will not give up control of resources Treaty Rights recognized and associated benefits Protection of the environment Development negotiations will not include First Conserve the land and resources for the future Nations Royalty and benefit sharing Control of resource for traditional use Local people and interests maintain land resource input New mines established to provide northern jobs Royalties sharing with First Nations
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 35 SECTION 3.0 Priority land use and resource management issues
3.0 Priority land use and resource management issues Athabasca community members, government, industry and others were asked about land use and resource management issues that need to be addressed in the land use plan. For government, non-government and industry groups, this was done through correspondence and meetings with resource people. Athabasca residents provided input through community and Panel meetings. The Panel carried out a group ranking exercise that shows the relative priority of the range of issues identified.
Issue Ranking • Environmental impacts of mineral exploration activities 7 (higher) • 6 The Panel used a group ranking Compensation & benefit for traditional land users where impacted by industrial development method where a list of issues was • Efficient and timely exploration permitting process 4 written on a large chart on the ground. Space was left to add issues • Consultation about new development activities 4 not shown. Panel members were • Impact of development activities on important cultural areas 4 each given five poker chips, which they placed on one or more issues • Representation of all ecosystems in protected area network 4 they felt were a priority to the people • 3 they represent. Other tourism concerns (gas stations, cabins, boat ramps, campsites and access, ecotourism) • Roads and trails impact to fish & wildlife 3 • Employment issues (local hiring in outfitting, mineral exploration & other developments) 3 • Environmental impacts of mining 2 • Full lake allocations & related conflicts between commercial fishermen & outfitters 2 • Southern hunters – impact on barren ground caribou, moose & bear 2 • Fire impact to caribou habitat, trapping areas, and people 2 • Impact of the poison program 1 • Concern about new hydro development 1 • Certainty of access to land for mineral companies 1 • Concerns about sport-fishing impacts on seasonal road area 1 • Environmental impact of outfitting (e.g. waste disposal from tourist camps) 1 • Concern about timber cutting in the region 0 (lower)
The Panel used the above list to guide the planning process and specifically in preparing recommendations on land management policies and zones. The following section provides a brief description of each of these issues, and recommends land management policies and actions to address them.
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The Panel worked co-operatively with a wide range of interested groups to develop the management policies in this land use plan.
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 37 SECTION 4.0 Land Management Policies
4.0 Land Management policies Land use plans aim to tailor controls on land use to meet the collective goals and objectives of local and provincial interests, and to address particular issues and characteristics of the planning area. A large number of existing Acts, regulations, policies and best-management guidelines are already in place to regulate land use activities in the region. This ‘regulatory framework’ is summarized for each issue addressed in this Section. A complete list of relevant legislation, regulations, policies and departments is found in Appendices 15, 16 and 17.
The recommendations in this section try to enhance existing land management policies, address gaps and, in some cases, suggest where changes to legislation and regulations are needed. They apply to new development proposals in the planning area.
4.1 Social and economic issues: Athabasca community involvement in a resource-based economy
4.1.1 Introduction
Land use planning exercises can take a roads-to-resources approach, whereby such plans are prepared in the context of an impending major investment, for example a logging company seeking to operate in an area. In Saskatchewan, such plans are geared to meet the requirements of the Forest Resources Management Act (FRMA) and Regulations. In the Athabasca, however, the Province has not assigned specific land use priorities in the planning area, and planning is not being done specifically under the FRMA. The Panel has prepared zoning and policy recommendations that they feel best conserve the ecosystem, while benefiting the people in the planning area.
The Athabasca Denesuline comprise more than 95% of the resident population in the Stage 1 planning area. Their traditional territory parallels the range of the caribou herds they have relied upon for more than eight thousand years. This relationship forms the basis of their society. The Athabasca Denesuline land ethic is deeply rooted in traditional cultural beliefs, which hold that land and life should be viewed as a whole and protected out of respect for past, present and future generations. This is understood to entail a responsibility for both the natural elements and the well being of the human inhabitants of the land. Traditional Aboriginal knowledge has developed through experience to fulfil this responsibility.
Aboriginal involvement in the lands and resources of the planning area is based on more than traditional use. The Canadian Constitution (1982) recognizes and affirms existing Aboriginal and Treaty Rights. Supreme
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Court decisions have gone some distance in guiding the definition of these rights and the extent to which they translate into specific legal interest in the land. In contemporary terms, the Athabasca Denesuline view their future as inextricably linked to a strengthened relationship with the land and a resource-based economy.
“Recognition of the implications of the definition, recognition and exercise of Aboriginal and Treaty Rights for land management, and vice-versa, has been slowly filtering through policy and practical decisions over the past five years. This awareness has developed at the international level, in the federal government, in provincial governments, within industry and among individual Aboriginal communities and their neighbours.” ( The National Forest Strategy, 1998 - 2003 ). In part, The Agreement reflects a commitment to translate this into land management regimes and practices in the Athabasca.
The resolution of issues of Aboriginal self-government, land claims, and Aboriginal and Treaty Rights in areas of traditional use and Treaty areas will take time, and interim measures are important. For example, the Royal Commission on Aboriginal Peoples and the Joint Panel on Uranium Mining in Northern Saskatchewan are two forums that have recommended the use of natural resources for Aboriginal economic and cultural development. The Royal Commission recommended expanding the range of benefits derived from resource development in areas of traditional use and Treaty areas, in order to achieve a more equitable distribution of economic benefits from such activities.
Athabasca residents raised the following social and economic issues in almost every public forum held in the region to discuss land use planning (refer to Appendix 1): • Resource Revenue Sharing Revenues from resource extraction were viewed as not flowing to local communities. In the case of uranium mining, Athabasca people feel they face substantial environmental risk, yet they are not the primary beneficiaries of revenues extracted from their homelands • Consultation before the issuance of mineral claims The Athabasca Denesuline believe their treaties provide assurance that their members, living on and off reserve, will have the opportunity to be consulted regarding any activities carried out on their homelands. • Benefits from regional development Athabasca communities also emphasized that, in many cases, the opportunities promised from new developments may disappear once development activities are approved and started.
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The Panel recognizes the importance of the above issues within the Athabasca region, but they cannot be addressed through land use planning. They fall outside the mandate of the land use plan, but are closely related to land use issues. Appendix 1 contains recommendations on processes designed to resolve them.
The issues in the Sections 4.1.2 to 4.1.6 fall within the SE mandate, although responsibility for some matters may be shared with other departments (Appendix 15). Moving these issues towards positive and equitable solutions is considered integral to resolving land user conflict in the region.
4.1.2 Consultation concerning new land and water use proposals
What is the issue?
Traditional land users are adversely affected by decisions made with inadequate consultation about land use and management in the region. Such decisions include the approval of development activities or permits that can result in negative impacts to traditional use, livelihood, rights and the environment.
Existing management
Government is required to ensure meaningful consultation with Aboriginal people concerning decisions or activities that may affect their rights to hunt, fish, gather and trap for food. The requirement to consult comes from court cases such as R vs. Sparrow. Although the Sparrow decision that outlined the need for consultation is 10 years old, the courts are just now starting to deal with cases that are being challenged on what constitutes proper consultation.
At a broader level, provincial departments and agencies have their own individual policies, guidelines, and/or procedures that provide a variety of opportunities for the people of Saskatchewan to work with the Province and contribute to the development of government policies and actions. The active participation of communities and government departments in the numerous land use planning processes in the province are examples of this consultation. Yet the primary issue raised by Athabasca people is more specific to consultation requirements for activities that may impact Treaty and Aboriginal Rights and traditional land use activities.
Similarly, recent court cases may create a duty to consult regarding the protection of cultural sites, including those not currently addressed through the Saskatchewan Heritage Property Act such as special gathering
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places and spiritual sites. Government has a moral obligation to protect important cultural sites, including those that may have attached Treaty rights.
In the administration of surface land use activities, including sand and gravel dispositions, SE is guided by an Aboriginal consultation policy and is committed to working with communities in the protection of those places that people identify as important cultural sites. The department responsible for subsurface dispositions, Saskatchewan Industry and Resources, considers the issuance of mineral dispositions to have no direct impact on Aboriginal rights.
Industry liaises with Athabasca people in several ways. For example, the mineral industry communicates through: • the Environmental Quality Committee, Athabasca Working Group and project-specific meetings; • the publication “Opportunity North”, and company journals and newsletters; • the EIA and Canadian Nuclear Safety Licensing Process; • the Athabasca employees (approximately 200 total) that work at the mine sites; • the Employee Relations Counsellor and Elder Advisor employed by the companies.
Recommended management policies
Until guidelines for consultation are developed through the AMS, the following interim guidelines apply to surface dispositions, allocations, authorizations, licences and other events that may trigger a legal requirement for consultation:
1. Information required includes: • General description of all proposed activities in non-technical language; including what activities will be happening on site and with what equipment, camps, number of people on-site, for how long, fuel stored on-site, waste handling, new roads or trail access, clearing; • 1:50,000 map of the above information; • Potential environmental impacts and how the developer will address them; • Options for local benefits, such as employment, training, sub-contracting and joint identification of road routing.
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2. Identification of affected parties will be assisted by the Athabasca Management Structure (AMS) and could include the following methods: • Utilizing the Athabasca TLUO research through a mutually-agreed process with Athabasca communities; • Notification on local radio at a suitable time of day; • Posting notification at suitable community locations; • Notification sent to an agreed distribution list that would include local Chiefs/Mayors and Councils, resource boards, fishing co-ops, trapping block chairpersons, the Beverly and Qamanirjuaq Caribou Management Board (BQCMB) and provincial agencies.
3. Principles of Consultation. • The Panel /AMS should be involved in reviewing and commenting on all proposals for new developments in the planning area; • The developer should agree to a required time period for effective consultation with the affected groups; • Consultation should be completed before the proposed activities proceed in the proposed work area; • Developers need to consult in good faith, seeking solutions to issues where all parties benefit; • Flexibility should be built into the process to enable an efficient and timely permitting process, and the scale of the development should influence the level of consultation (e.g. Section 4.6.5); • The developer and affected people should make reasonable efforts to agree on how, when and where they want to discuss the proposed activities. For example: person-to-person, public meetings, correspondence; • SE must see that consultation outcomes are reported back to those affected, including their response and other communities’ or groups’ responses; • Affected users must receive a report of how their concerns are being accommodated.
Recommended actions
1. When established, the AMS should review and, where appropriate, develop revised guidelines for consultation in the region, in consultation with the mandated departments; 2. SE and the communities develop, with local communities, a system to document the consultation process;
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3. SE, in conjunction with the AMS, should develop and establish an appeals process where people can contest decisions made about land and water use proposals.
4.1.3 Compensation for development impacts on traditional use and trapping.
What is the issue?
Athabasca people raised concerns over the need to compensate traditional land users and licensed trappers when other activities interfere with their rights, equipment, activities and/or livelihood. At present, there is no specific legislation, negotiated agreement or aid package that specifically addresses this issue in the Athabasca region.
Existing management
Compensation can take several forms and come from government, industry or other sources. For example, in specific circumstances, legislation may provide that the government compensate landowners and Crown land lessees. In addition, governments may deliver financial aid for moral or political reasons, such as providing during times of drought or economic downturns.
One example of compensation in Saskatchewan occurs between the Athabasca mining companies and trappers. Before a mining development can proceed on provincial Crown land, the project owners must negotiate a mineral surface lease agreement with the province for the right to use the surface of the land for its mining operations. Before such a lease will be issued, the mining company must ensure that any individuals who, immediately prior to the issuance of the surface lease, used or occupied the lands concerned, under a lease, license or permit granted by the government of Saskatchewan, have been compensated for their actual monetary losses arising out of the disposition. Although the individual and the mining company may discuss many forms of compensation, the affected individual must be satisfied with the end result.
While mining companies must compensate trappers affected by a mine, no such provision exists for other development activities that affect trappers or traditional land users in the region. At present, there is no specific legislation, negotiated agreement or aid package that specifically addresses the issue of compensation for Aboriginal people in the Athabasca region.
Although it is unclear where responsibility for this issue sits within government departments, in February 2003, the Minister instructed the Fish and Wildlife Branch to prepare options for trapper compensation, based on the Alberta Trappers Compensation Board model.
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SE is undertaking a process to resolve this compensation issue. No later than 12 months after the approval of this Stage 1 land use plan, SE will bring back the results. They will work in conjunction with the AMS, trappers associations and industry. The following points will form the basis of discussions: • What are the impacts?; • How will non-physical impacts such as spiritual impacts and infringements on peoples’ rights be addressed?; • Who is affected? How will affected traditional land users and licensed trappers be identified?; • How must impacts, losses or asset damage be demonstrated; • What formula will be used to calculate compensation? • Where in the development process should impacts be settled? – e.g. as part of the permitting process, as done in the Mackenzie Valley and southern Saskatchewan; • What role does government have in the compensation process?; • Agreements are needed for a wider range of developments. A current example is the compensation agreements between trappers and Athabasca mines; • What resources will be provided to support the participation of local groups such as the Northern Saskatchewan Trappers Association and Commercial Fisheries Co-ops?; • What interim measures will be put in place until the issues are resolved?; • What are the outcomes from other forums that may be dealing with this issue?
Note: Some issues such as the compensation issue contain no recommendations for land management policies. This is because the Panel was not able to arrive at any agreed policy directions within the limited time allotted for discussion. In such cases, an agreed process may be recommended to take the issue forward into further discussions. This aims to ensure that the issue is not forgotten, and commits the parties to keep working to address it in the future.
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4.1.4 Increasing local tourism business ownership through SE licensing
What is the issue?
Outfitting is the major form of tourism in the region. It is also a major part of the commercial wildlife harvest in the region. A review of outfitter licenses issued in 2000 shows that people from outside the region dominate business ownership. (Figure 10)
Existing management
SE issues outfitting licenses, as enabled by the Outfitter and Guide Regulations (2004) under the Natural Resources Act (2003). Associated dispositions are issued under The Provincial Lands Act (1989) and Regulations. An outfitter’s licence may be refused where: • the applicant does not meet eligibility requirements or has contravened certain laws listed in The Outfitter and Guide Regulations, 2004; • the applicant is in arrears for any payment to the Crown; • there is no opportunity for an additional outfitting service because of existing or potential land or resource use conflict, government policy, or lack of wildlife, fish resources, or operating areas and/or lakes.
Figure 11: Outfitter licenses issued in 5 5 Athabasca in 2000 (Source: SE) (12%) (12%)
Athabasca Region Saskatchewan Out of Province 12 United Sates 30% 18 (45%)
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The Minister may issue or renew an outfitter’s licence subject to conditions respecting the outfitters operations, as well as any other matter the Minister may consider appropriate. Other legislation relevant to outfitter business ownership includes the Agreement on Internal Trade (AIT), the North America Free Trade Agreement (NAFTA) and the Charter of Rights and Freedoms, which aim to ensure all people have a reasonable opportunity to do business in different parts of Canada and elsewhere. NAFTA and AIT contain special clauses that enable the Minister to give preference to Aboriginal groups and, to a more limited degree, residents of a weakened regional economy. Examples are found in other parts of Canada and include, for example, the right of first refusal provided through land claim agreements in Nunavut and the Northwest Territories.
New or modified licences also require available fish and wildlife resources regulated by SE under the Wildlife Act and Fisheries Act. Other key agencies concerned with outfitting include the Saskatchewan Outfitters Association and Tourism Saskatchewan.
Federal and provincial economic development departments have grant and loan programs to support potential new resident outfitters. Funding programs are available that could provide northerners with, upon application and approval, financial support to develop outfitting businesses. For example, the Northern Development Fund Loan and Grant program, which is administered by Saskatchewan Northern Affairs (SNA), supports economic and business development in the Northern Administration District (NAD) and is aimed at expanding the northern economy and creating northern jobs.
Recommended Actions
1. SE, in conjunction with the AMS, will initiate a process to explore options for providing Athabasca groups with preference in licensing and allocation decisions for new and existing tourism business opportunities. Examples from other parts of Canada will be considered, such as the right of first refusal provided through land claim agreements in Nunavut and the Northwest Territories. Legal advice will be sought about the potential opportunities and risks associated with various options.
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4.1.5 Local hiring issues in Athabasca tourism
What is the issue?
Some outfitters hire local residents to work as guides, particularly in fishing camps; however, some camps bring almost all of their guides in from southern and central Saskatchewan. The majority of other camp workers such as cooks, cleaning staff and dockworkers, are also hired from the south. Often new owners purchasing existing businesses may not continue with local hiring practices because they are unaware of its importance to local residents (Northern Outfitting Review Committee, 2001 [NORC]).
Existing management
SE regulates guided outfitting under The Outfitter and Guide Regulations (2004) . Guides are not required to be licensed, but are required to carry documentation that shows the guide is acting on behalf of a specific outfitter. NORC discusses options to address this issue. The committee made one recommendation to “encourage local hiring” and another that “as a condition of their outfitting licence, lodge owners should be required to give their best efforts to maximize local employment.” The government’s published response was to agree with the need to encourage local hiring, but the province rejected the idea of linking local hiring to licence eligibility.
Recommended management policies
1. For new and existing tourism businesses, proponents are strongly encouraged to hire Athabasca area residents to the greatest extent possible. As a condition of outfitting licenses, outfitters and other tourism operators should be required to report annually on their employment statistics and hiring practices. This information should be made available for public review through the SE website (Recommend legislative amendment if required); 2. Lists of suitable local job candidates should be provided to outfitters operating in the Athabasca region.
Recommended Actions
1. The AMS should discuss the implementation of the second management policy recommended previously with the Athabasca Economic Development Training Corporation (AEDTC).
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4.1.6 Guides for outfitter fishing operations
What is the issue?
Athabasca communities commented on the practice of minimizing the use of outfitter fishing guides, for example using one guide to cover three different fishing camps. Although the use of guides for fishing is not a requirement of The Outfitter and Guide Regulations, communities believe that it would benefit the environment and local economy to encourage greater utilization of guides for fishing.
Existing management
SE regulates guided outfitting under The Outfitter and Guide Regulations (2004). Guides are not required to be licensed, but are required to carry documentation which shows that the guide is acting as a guide on behalf of a specific outfitter. Although guides may be required for some hunters from outside the region, the use of guides for fishing is not a requirement of The Outfitter and Guide Regulations.
Recommended Actions
1. The Province should provide incentives for outfitters to supply guides with all fishing camps, promoting greater local employment opportunities and stewardship of the environment;
2. SE should develop outfitter certification guidelines for aspects such as local workforce representation, sustainable harvest and environmental protection.
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4.2 Conservation of significant natural and cultural areas
4.2.1 Conservation areas
What is the issue?
Currently, the Stage 1 planning area contains no legally designated protected areas. Through a process of data collection, analysis and consultation, the Panel identified areas with special features within the planning area. Represented features include highly significant natural values, intensive traditional use areas, high concentrations of burial and sacred grounds, medicinal plants, and known critical habitat. The Nփh bëk’ësórëdᰯí zone contains many of these significant areas.
Existing management
Protected areas management occurs within the context of legislation and policies at the international, national and provincial level.
1. Global initiatives to protect and conserve the Earth's biological resources include: • United Nations Environmental, Scientific and Cultural Organization (UNESCO) Convention on Cultural and Heritage Features, 1972; • World Conservation Strategy, 1980; • World Commission on Environment and Development, 1987 (Our Common Future); • United Nations (UN) Convention on Biodiversity Strategy, 1992.
2. Relevant federal legislation and policy initiatives include: • fisheries habitat under the Department of Fisheries and Oceans Act; • protection of navigable waters under the Navigable Waters Act; • The Species at Risk Act proposed by Environment Canada; • Tri-Council of Ministers Commitment to a Network of Protected Areas, 1992; • Canada Forest Accord, 1992; • Whitehorse Mining Initiative, 1994; • Canadian Biodiversity Strategy, 1995;
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• Canadian Royal Commission on Aboriginal Peoples, 1997; • Panel on Ecological Integrity of Canada's National Parks, 2000.
3. Relevant Saskatchewan legislation includes: • management on Crown lands, other than water and mineral resources, rests predominantly within SE under The Environmental Management and Protection Act (2002), The Parks Act (1986) , The Forest Resources Management Act (2002 ), The Fisheries Act (1994), The Provincial Lands Act (1989) and The Wildlife Act (1998) ; • heritage resources, under The Heritage Property Act (1980 ), are administered by Saskatchewan Culture, Youth and Recreation; • mineral resources, under The Crown Mineral Act , are administered by Saskatchewan Industry and Resources; • water use and management is subject to the provisions of The Watershed Authority Act .
4. Relevant Saskatchewan policy initiatives include: • Park Land Zoning Policy, 1988; • Policy on Management of Saskatchewan Park Lands, 1990; • Provincial Park System Plan, 1990; • Saskatchewan Round Table on Environment and Economy, 1991; • Representative Areas Network, 1996; • Saskatchewan Provincial Parks: Directions for the 21st Century, 1997; • Ecosystem-based Management - Plan of Action, 1999; • Fish and Wildlife Framework Interim Policy, 2000; • Provincial Parks Resource Management and Recreational Activities Guidelines, 2000; • Heritage Resource System Planning Framework (Draft), 1989; • Saskatchewan's Environmental Agenda, 1994; • Saskatchewan Integrated Forest Resource Management Plan, 1995; • State of the Environment Reports, 1995, 1997, 2001, 2003; • A New Vision for Saskatchewan's Heritage: Interim Heritage Council Report, 1999; • Caring for Natural Environments: A biodiversity action plan for Saskatchewan’s future 2004-2009; • SE State of the Environment Report 2001: The Taiga Shield Ecozone: Land of the Caribou;
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• Taiga Shield Special Management Areas: Identification, Management and Use of Specific Areas in "The Land of the Little Sticks" (Appendix 12).
Saskatchewan has a conservation program called the Representative Areas Network (RAN). The provincial government created the program in the to protect natural areas across the province. The RAN is Saskatchewan's contribution to a global effort to address the serious concerns about Earth's reduced biological diversity. The Saskatchewan government’s conservation program has a target to set aside 12% of lands for protection, a target shared by the mineral industry under the Whitehouse Mining Agreement.
Under the RAN program, the province identified areas of interest in the Athabasca through its internal research and discussions with the Saskatchewan Industry and Resources under the 1997 MOU (Appendix 13). Consultations with Athabasca residents in 2000-01 resulted in interim protection provided for the areas while the boundaries and acceptable land uses are further discussed through the land use planning process (Appendix 12). The document in Appendix 12 does not necessarily reflect the boundaries and acceptable land uses that the interim Panel or subsequent management structure will recommend.
A range of non-government agencies is actively involved in advocating for the conservation of special landscapes in Saskatchewan. Canadian Parks and wilderness Society (CPAWS) is currently on the Panel representing a suite of Saskatchewan environmental groups.
Recommended Actions
1. A new understanding and agreement concerning zoning recommendations between the Athabasca communities, as represented by the Panel , and the SE Minister, representing the provincial government that will establish as a priority in Stage 2 land use planning, the identification, description and recommendation for protection of areas in the Athabasca region (Stage 1, 2 and 3 planning areas). The process will: a. involve all those mandated for the development of protected area recommendations, in conjunction with other interests such as industry, heritage and environment organizations; b. consider the sensitivities of the identified values in the region and consider different ways of protecting these values, ranging from full protection of large areas to site-specific management; c. make recommendations that may affect the full range of land uses in the region 2. The existing disposition freeze will remain in place in the Nփh bëk’ësórëdᰯí zone
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4.2.2 Protection of significant cultural sites
What is the issue?
The Athabasca Denesuline people have a unique relationship with the environment. They maintain a strong spiritual connection with the land based on traditional beliefs and values that constitute their cultural identity. The Athabasca Denesuline have noted the negative impacts of development activities upon sites that have significant meaning in Denesuline culture. These include burial sites, medicinal plant areas and sacred sites (for example, healing waters, supernatural and spiritual places, community gathering grounds, and certain critical habitat areas). Sites may have attached Aboriginal or Treaty Rights.
Current regulation aims to address the protection of significant ‘heritage property’; however, many of the aforementioned significant cultural places are not being identified in the development approval process and, as a result, nothing is done to protect such sites.
Existing management
The primary legislation enabling the protection of special cultural sites in Saskatchewan is The Saskatchewan Heritage Property Act administered by Saskatchewan Culture, Youth and Recreation. The Canadian and Saskatchewan Parks Acts are also relevant. Where larger developments are involved, the Canadian and Saskatchewan Environmental Assessment Acts can apply.
An obvious limitation of the Parks Acts is that the creation of a park is necessary to provide protection. In theory, The Heritage Property Act is able to give protection to a broad range of cultural sites. In practice, however, the Act has not been used for the protection of sites without physical evidence of past use such as artwork, buildings, bones, artifacts or other physical material (Appendix 9). This issue is relevant to sacred sites such as healing waters and medicinal plant areas that may lack physical evidence of past use, but are regarded as highly important by Athabasca communities.
Current regulatory processes rely heavily on consultation to determine if the proposed development would impact significant cultural sites. However, the information is often highly confidential in nature, and the traditional custodians of the sites may be reluctant to disclose it to government and industry representatives. Furthermore, there is a lack of cross-cultural knowledge, trust, technical capacity and mechanisms to record and manage site information.
The current SE permitting process is limited in its ability to locate and protect significant cultural places that are important to the Athabasca people. An assessment of significant cultural sites can be conducted for
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projects that trigger an EIA process (Appendix 10). However, even where an EIA is required, current assessment methods overlook some sites and values such as burial, sacred and medicinal plant areas that Athabasca Denesuline identify as highly significant.
Recommended management policies
1. Development activities must avoid disturbance of burial sites and sacred areas in the region. Examples of sacred areas include: supernatural places, community gathering grounds, 2 medicinal plant areas, healing grounds and certain critical habitat areas; 2. The AMS should be involved in the review and approval process for all surface land use dispositions; 3. With the exception of traditional land use (TRU) permits, any application for a land use disposition within two kilometres of a recorded burial, sacred or medicinal plant site should be forwarded to the Saskatchewan Heritage Branch for screening within existing permit approval times 3; 4. If further data collection is required to identify traditional use and important cultural sites, then the services of traditional users and trained Athabasca researchers should be contracted.
Recommended Actions
1. The AMS, in conjunction with SE and other interested groups, should establish a ‘work area clearance’ process to identify, locate and protect important cultural sites and areas that may be impacted by significant development activities, including consideration of: • determining what constitutes a ‘significant development activity’ that could impact important cultural sites; • using the 2001-02 TLUO research in the permitting process to identify potential conflicts between development proposals and significant cultural sites;
2 Community gathering grounds are areas that have often been used for generations, and represent places where people gathered during their seasonal rounds at a time when people could share experiences, confirm and build social ties, and exercise cultural practices. Community gathering grounds are significant for a number of reasons and to different degrees. They are areas where people visit for recreational purposes and/or where traditional plants and food are harvested. Community gathering grounds often have traditional spiritual or ceremonial significance and are considered sacred to the Athabasca Denesuline. The Pine Channel area between Fond du Lac and Stony Rapids communities is an excellent example. Large numbers of people gather here for an annual pilgrimage. The frequency at which people gather, the ease of access and the spiritual significance indicate this area is highly valued. 3 The basis for this nominal two kilometres distance is consideration of the 1:250,000 scale at which the sites were mapped (8mm map error = 2km on-the-ground error).
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• determining if the mapped information is adequate to locate sites at the operational level in the proposed development area, or whether further assessment or ground-truth information is required; • protocols for instructing developers about specific areas that need to be avoided, and special management guidelines to avoid negative impacts on burial and sacred grounds, medicinal plant sites and other important cultural sites; • protocols to respect confidential information held by Athabasca communities and developers. 2. The AMS, in consultation with Athabasca communities, industry and relevant government departments, should determine appropriate buffer zones around burial, sacred and possibly medicinal plant sites, as mapped through the Athabasca TLUO research; 3. The AMS, in conjunction with others, should develop management policies to address the special needs of medicinal plant areas to avoid or mitigate impacts of development activities; 4. The AMS should discuss the need for changes to legislation to protect sites with significant cultural values in northern landscapes and • identify the significance of the range of special cultural sites in the Athabasca; • identify the protection needs of these sites; • understand existing management options and potential options; • discuss the ability of legislation to enact this management and explore legislative options.
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4.2.3 Cumulative impact of increasing development pressure
What is the issue?
The Panel identified some areas where the combined impacts of development activities is becoming a concern, in terms of the cumulative impacts on people and resources, the fragmentation of critical ecosystems and habitat, and/or the increasing access for hunters. Two examples are the Wollaston Lake and Waterfound River areas, both of which have seen increased access following the construction of the Athabasca seasonal road and associated side trails. Local residents and biologists share a concern about the expanding trail network, hunter access and its impact on moose and caribou habitat in the Waterfound River catchment (Appendix 2). In the Wollaston Lake area, the three local uranium mines have seen more trails, exploration and human activity.
Recommended Actions
1. SE, in conjunction with the AMS, should develop a monitoring system and guidelines to identify areas of concern regarding the cumulative impacts of human activities; 2. SE should develop a decision-making tool to predict the cumulative impact of new development activities in the planning area (For example, assessing when the cumulative level of roads and trails in an area will potentially create a disturbance response in barren-ground caribou).
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4.3 Wildlife conservation
4.3.1 General approaches to wildlife conservation
What is the issue?
The construction of the Athabasca seasonal road and its associated side trails creates increased hunter access to sensitive wildlife habitat, such as moose habitat and barren-ground caribou winter range (See Sensitive Habitat for Large Animals map, Appendix 2).
Existing management
SE has a legal responsibility for the conservation management of fish and wildlife and their habitat. 4 This is enabled by The Wildlife Act, Fisheries Act and Regulations and under the broader legislation and policy outlined in Section 4.2.
Recommended management policies
1. The Community Hunting Circles should continue to exclude outfitters and their clients.
Recommended Actions
1. The AMS and SE should jointly consider the option of a road corridor game preserve that extends for 500 meters on each side of the Athabasca seasonal road. The intent would be to restrict hunting directly from the road and along trails stemming from the road, and to provide game wildlife with protection from over-hunting related to improved access and open areas. This may require legislative change; 2. SE and the AMS should jointly review this no-hunting corridor on a regular basis. It should be removed if prompted by the review, including written consensus from Athabasca communities; 3. As an alternative or complementary option, the boundaries of the Community Hunting Circles, enabled under wildlife regulations, should be reviewed and possibly re-shaped within the planning area to ensure that areas most important to the communities for hunting game are protected for their use.
4 The responsibility for fish habitat is shared by the Department of Fisheries and Oceans
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4.3.2 Barren-ground caribou protection
What is the issue?
Barren-ground caribou are an essential element of the Athabasca Denesuline culture, and important to the lifestyles of the Métis and other Athabasca residents. Caribou are more than just a source of meat and natural products like hides; they have shaped and are essential in maintaining the Dene cultural integrity. The migration of barren-ground caribou is an essential focus of community activity, marking a change of seasons and with it the renewal of a bond that ties Dene people to their traditional lands and resources that sustain them. Caribou is an important part of local diet and a healthy meat source. Hunting is an activity that involves outdoor travel and bush skills, knowledge of the land and animals, and respect for the sustainability of the herds. Sharing the rewards of the hunt is an essential part of the social fabric of families, communities and the Athabasca Denesuline. These concepts are common to both the harvest of barren-ground and woodland caribou.
Maintaining the health and viability of the caribou herds, and their many benefits to the communities, is an important component of this plan. Only Athabasca residents and Aboriginal peoples can legally hunt barren- ground caribou. With the access created by the winter road, more Aboriginal hunters are coming to the Athabasca region to hunt caribou.
Three main areas of concern were expressed concerning caribou protection during planning: • increasing hunting pressure on the herd from non-traditional Aboriginal caribou hunters from southern and central Saskatchewan, due to the easier access created by the Athabasca seasonal road; • potential over-hunting of the herd and disturbance to the yearly migration if current migration patterns change and the herd moves south through the seasonal road corridor; • recent decades of large widespread wildfires have disrupted the seasonal migration of the caribou herd, which can potentially affect the livelihood of Athabasca communities (see Section 4.3.5).
Existing management
SE has legal responsibility for the management of fish and wildlife and their habitats. This is enabled primarily by The Wildlife Act, Fisheries Act and Regulations, and under the broader legislation and policy outlined in Section 4.2.1. The management of the herds involves several jurisdictions. When the caribou move outside the Saskatchewan border, their management becomes the responsibility of the respective provinces and territories. The Beverly-Qamanirjuaq Barren-Ground Caribou Management Board (BQCMB), created in 1982, involves each of these jurisdictions and makes recommendations to government and traditional caribou users for the conservation of the herds and their habitat. The BQCMB is also responsible
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for monitoring, information sharing and the reporting of matters related to the conservation of the herds, as enabled by a 1992 Agreement between the governments of Canada, Manitoba, Saskatchewan and the Northwest Territories. Athabasca communities participate in the conservation of the herd as members of the BQCMB. Canada’s involvement is primarily through its obligations to Aboriginal people who use the herd.
Operating under a continually updated management plan, the BQCMB implements programs that reflect current needs, and are consistent with government direction and budgets. These programs do not replace or duplicate programs normally the responsibility of governments. The BQCMB has published a wide array of reports, from recommendations for forest fire management on the caribou range, to wide-scale mapping of important habitats ( www.arctic-caribou.com ).
The BQCMB has developed a position concerning the protection of the Beverly and Qamanirjuaq herds and their ranges (BQCMB, 2004). In the Board’s view, the herds and their habitats must be protected from any damaging human-caused disturbance. They recommend legislated protection for calving grounds, broader protection measures for other parts of the range, mobile protection measures during other key life-cycle periods, the establishment of protected areas on other parts of the range and range-wide conservation planning. The Board’s position paper contains a summary of scientific knowledge about disturbance and includes references.
The sustainability of the caribou herds, especially the valuable winter range, migration corridors and water crossings, is one of the most fundamental elements of this plan. If the caribou herds are diminished and their habitats damaged, one of the main goals of the plan will have been negated, to the detriment of the Athabasca region, its people and environment.
Recommended management policies
1. A position developed by SE, in consultation with the BQCMB, should form the basis for the protection of the barren-ground caribou and their habitats; 2. In developing an approach to manage human activities on caribou ranges, SE must consult with Athabasca residents, other land users and the BQCMB; 3. Caribou management policies and practices should respect and incorporate, where possible, Denesuline traditional knowledge and hunting practices; 4. Permanent alteration of habitat must be minimized on valuable winter ranges, along migration corridors and near water crossings. Temporary activities with conditions that minimize disturbance to caribou could be permitted;
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5. Mobile caribou protection measures, if proven effective by the BQCMB, should be applied where permanent and temporary activities occur. These could include such things as: • Monitoring caribou movements, distribution and behaviour in relation to activities and developments; • A temporary halt on activities taking place in the midst of peak migration; • A temporary closure of roads in areas where peak migration is occurring; • Restrictions on low-level aircraft around concentrations of caribou. 6. The development of roads, trails and other linear developments must be avoided or minimized on valuable winter ranges, along migration corridors, near water crossings, and paralleling lakes and river systems. Guidelines described in Section 4.6.6 shall apply.
Recommended Actions
1. A sub-committee of the AMS and BQCMB should be created to initiate consultation with representatives of non-traditional caribou communities, and discuss ways of resolving the issue of increased hunting pressure from southern Saskatchewan; 2. Develop an agreement between traditional and non-traditional caribou-using communities about principles and mechanisms to protect the herd from over-hunting. This will set a precedent for future negotiations with Treaty and Métis people from other parts of the province; 3. To prepare for the potential situation where caribou migration patterns move south through the seasonal road area, establish an early warning system to monitor the herd’s movements and trigger agreed actions if the herd moves close to the road, as follows: • Community-based monitoring – residents, industry and pilots routinely monitor caribou locations; • If a change in movement indicates the herd may move through the seasonal road corridor, increase monitoring (e.g. local community members, or helicopters); • If it appears that the herd will certainly move through the seasonal road corridor, decide how to protect the herd (in conjunction with local chief and councils); • Take action to protect the herd as it moves through the corridor. 4. Establish a co-operative decision-making process with communities through the AMS to be used in the event that caribou move through the road corridor; 5. Consult with the AMS, BQCMB, Department of Highways, and other agencies and people who need to use the seasonal road, about suitable protection options. For example: • Close the road to all traffic while the herd is in the area; • Close the road, but allow residents and/or essential services through.
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4.3.3 Sport hunting of moose and bear
What is the issue?
Athabasca residents seasonally rely on moose and, to a lesser extent, black bear as an important source of food. They assume SE manages the use of these resources by licensed (sport) hunters in a way that protects their needs. The Athabasca region probably has the lowest population of moose in the province due to the unproductive Taiga Shield habitat. Moose are often found clumped around riparian and other fertile habitat. Access to these habitats in some areas has been greatly increased with the construction of the Athabasca seasonal road and the associated side trails. The greatest impact has been observed in the lower part of the Athabasca seasonal road (see Roads and Trails map, and Sensitive Habitat for Large Animals map, Appendix 2).
Hunting seasons and wildlife management in the Athabasca region offer relatively unrestricted moose hunting opportunities for Saskatchewan residents. In the case of black bear, there are few restrictions for non-residents as well. In contrast, hunting opportunities have many restrictions that aid in the management of the wildlife resource in other parts of the province where moose habitat is significantly better. Restrictions can include: short seasons, no hunting during the rut, limits on antler size, firearm type, draws, etc. Similarly, the most productive black bear habitats in the province are subjected to quotas for non- residents of Saskatchewan. In effect, SE currently allows sport hunters the best opportunities to hunt moose and black bear in the least productive ranges in Saskatchewan. This happens to be the Athabasca region. Residents fear their needs and future aspirations will be compromised in trying to meet the demands of sport hunters and outfitters, and that moose and black bear populations will suffer.
Existing management
SE is responsible for the conservation of wildlife and their habitats. This is enabled primarily by The Wildlife Act and Regulations . There is no restriction on the number of moose and black bear licenses available to Saskatchewan residents (no quota) and in the case of black bear there is also no quota for non- residents of Saskatchewan. Hunting for both species is allowed during their respective mating seasons. In addition, black bear may be hunted in both the spring and fall seasons. There are currently 15 moose hunting licenses available to non-residents of Saskatchewan who must be guided by an outfitter.
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Recommended management policies
1. The long-term sustainability of moose and black bear populations are to be maintained. Management tools for a licensed sport hunting season that could be used to address the above issue are not limited to but could include: (Legislative change may be required for these options) • the requirement for all sport hunters in the planning area to be guided, except for permanent residents of Wildlife Management Zone (WMZ) 75 and 76; • quotas for moose and black bear ,established jointly by SE and the AMS, limiting the number of animals available to sport hunters; • where sport hunter harvests of moose and/or black bear affects the Athabasca communities’ subsistence needs, communities must formally agree to the permitted level of sport hunting, in order to maintain subsistence harvest; • share moose and black bear meat from sport hunts with the Aboriginal community of the Athabasca region.
2. No edible parts of moose and black bear should be left in the bush or otherwise wasted; 3. The local knowledge of Athabasca residents should be incorporated into wildlife studies, with their permission, and credit given to the contributors.
Recommended Actions
It is expected that the following actions will be pursued jointly by SE and AMS.
1. SE should calculate sustainable harvests for both moose and black bear, and base quotas on these calculations; 2. The AMS and SE, in consultation with Athabasca communities, should determine percentages of sustainable harvests for both species that can be allocated to sport hunting (resident and non- resident/outfitting), after the basic subsistence needs of the Athabasca communities has been met; 3. The AMS and SE should jointly review the current harvest levels allocated to the sport hunting of both species and determine the impact, if any, on basic Aboriginal subsistence needs; 4. The AMS should consult with the Athabasca communities to determine if there is support to allow current levels of, or increases in, sport hunting harvest that may affect basic Aboriginal subsistence needs;
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5. SE should research the community-driven outfitting allocation systems of neighbouring jurisdictions and draft a paper outlining options for a revised allocation system that achieves sustainable allocations, with the levels of involvement and ecological/economic benefits desired by Athabasca communities; 6. The AMS and SE should jointly develop and enact a process for actions on the part of government and others, based on recommendations arising from recommendation 5; 7. Design community-based methods, incorporating local knowledge, to routinely assess moose and black bear populations and important habitat ; 8. Design a communication strategy that provides ongoing feedback to contributors of specific local knowledge and recognizes the value of traditional knowledge in general,; 9. The AMS and SE should jointly review the current system of allocating moose and black bear to outfitters for non-resident sport hunts. Athabasca communities, through their Aboriginal organizations, wish to benefit a great deal more from outfitting and have greater influence over the setting of quotas to protect their basic subsistence needs. The AMS and SE should jointly design an allocation system for outfitters where the communities are the prime beneficiaries of outfitter allocations in the planning area. Such allocation systems in the neighbouring jurisdictions of the Northwest Territories, Nunavut and Manitoba should first be examined. The following are some options to consider in the design of such a system: (Legislative amendment may be required for these options) • All, or a portion of, moose and black bear tags available for sport hunting should be given or sold to Athabasca communities through their Aboriginal organizations for allocation, sale or re-sale to outfitters. This should follow a system similar to that in the Northwest Territories and Nunavut; • A portion of moose and black bear tags available for sport hunting be reserved for Aboriginal organizations from the Athabasca region wishing to enter the outfitting business; • New hunting outfitting businesses be required to partner with Athabasca Aboriginal communities (at least 50%). 10. SE and the AMS, in co-operation with Athabasca communities, should jointly assess moose and black bear populations and important habitats at regular intervals.
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4.3.4 Wildlife protection and use of poisons
What is the issue?
In the 1950s, the Department of Natural Resources initiated a strychnine poison program aimed at decreasing wolf populations in northern Saskatchewan. Athabasca elders observed that the poison eliminated a broad range of wildlife species and affected large areas of habitat. This placed immense hardship on traditional land users who relied upon wildlife for food for their families and for income. The use of poison baits to control wolf populations is still practiced in southern Saskatchewan.
Recommended management policies
1. SE should not approve the use of any poison without first conducting appropriate consultation in the region, as per Section 4.1.2.
Recommended Actions
1. SE should find out if there is still strychnine cached in the region, educate people on the environmental risks involved with its use and encourage people to hand in the poison to local conservation officers; 2. Government should gather and supply to Athabasca communities all historical documents related to the 1950s Department of Natural Resources strychnine poison program aimed at decreasing wolf populations in northern Saskatchewan; 3. Elders should inform local conservation officers of areas that remain affected by the poison program. Conservation officers should arrange for the testing of material that Elders identify as possibly contaminated; 4. SE should initiate, in conjunction with the AMS, an interviewing project to document Athabasca Elders’ recollection of the poison program, its impact on the environment including their communities, and the known incidences and areas of residual impacts.
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4.3.5 Wildfire impact on caribou, furbearer habitat and livelihood
What is the issue?
Wildfire impacts in the region increased dramatically in the 1970s (Figure 12). There is concern that barren- ground caribou are losing their Saskatchewan winter range partly because of the widespread burns. Trappers have also suffered as a result of the large burns as furbearer species move out of recently burnt areas.
The caribou range fire management issue is complex, involving a disparity between local and provincial fire management priorities, limited fire management resources, uncertainty about caribou movements and best fire management practices. Large mature stands of jack pine are the preferred caribou winter range. These mature forest stands are also the areas most likely to burn in the region. As Figure 11 indicates, there has been a sustained heavy loss of mature forest in the Athabasca region in recent decades, which raises questions about the future migration of this species in Saskatchewan.
70000 Existing management
Forest over SE has a legal responsibility for the management of fish and wildlife and their 60000 50 yrs old habitat. This is enabled primarily by The Wildlife Act, Fisheries Act and Regulations and under the broader legislation and policy outlined in Section
50000 4.2.1. In addition, the BQCMB published recommendations for forest fire management on the caribou range in 1994.
40000
) With a limited budget, SE cannot put out all fires in the Athabasca. Using a 2 ‘values-at-risk’ model, SE places priority on protecting human life and
Area Area (km property, and is guided by local input and other recommendations such as that 30000 of the BQCMB. SE provides a full response to fires within 20km of Area burnt communities and property considered highly valuable, such as mines and
20000 outfitter lodges. Elsewhere in the region, SE puts an initial attack crew onto Area smaller fires, when resources are available. regenerating to 50yrs old 10000 yrsForest (Source: SE Athabasca fire history, 2003) Figure 12: Forest over 50 yrs old in the Athabasca 0 1930s 1940s 1950s 1960s 1970s 1980s 1990s
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Recommended management policies
1. The values-at-risk model that SE uses to justify fire management decisions needs to consider more than money (e.g. social and environmental benefits and costs of fertile caribou winter range); 2. SE continues to recognize the significant public value of the conservation of the barren-ground caribou and their Saskatchewan winter range;
Recommended Actions
SE should carry out recommendations 1-4 in conjunction with the AMS and BQCMB where possible.
1. SE should do an annual update, in conjunction with AMS and BQCMB, of priority wildlife and traditional use areas for use in fire suppression decision-making. This will help to integrate community priorities into the fire management system; 2. SE should draw the areas identified in the previous action alongside the other priority suppression areas on the large fire protection maps on the wall in the local Athabasca SE offices, with an interpretive guide for the public; 3. SE should involve communities in all aspects of fire management to better communicate and understand different priorities for protection and the seasonal budget, staff and environmental constraints to managing fires in the region; 4. SE should provide training opportunities for community members in fire management planning; 5. SE should identify a portion of their budget for conservation of identified valuable caribou winter range in Saskatchewan.
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4.4 Fisheries management
4.4.1 Allocations
What is the issue?
Fish resources in Stage 1 lakes are fully allocated to Aboriginal users, recreational users, commercial fishermen and existing outfitters. However, both outfitters and commercial fishermen have licenses on some lakes they do not fish. This has affected SE’s ability to meet new allocation requests from other commercial fishermen and outfitters. People are denied allocations each year and this is creating tensions among user groups.
Another issue is consultation concerning changes to lake allocations and licenses. An example that Athabasca community members raised in dozens of community and panel meetings is the situation where a traditional land user runs a commercial fishing operation on a lake to provide a cash supplement to their subsistence activities. Often the traditional user will let the commercial license temporarily expire due to poor market prices or a change in circumstances. When they apply to renew the commercial license they have found the allocation for that lake is given to someone else without their knowledge. This can have a substantial impact to the established local economy in many parts of the planning area.
Existing management
SE regulates sport fishing in the province according to the Saskatchewan Fisheries Regulations under The Fisheries Act (1994). Commercial fishing and fish marketing are regulated under several sets of federal and provincial acts and Regulations: • The Fisheries Act (Federal); • The Saskatchewan Fishery Regulations, 1995 (Federal Regulations passed pursuant to the Federal Act); • The Fisheries Act Saskatchewan, 1994 and The Fisheries Regulations which are pursuant to that Act; • The Freshwater Fish Marketing Act is a Federal Act passed in 1969 (created the Freshwater Fish Marketing Corporation); • The Fish Inspection Act and Regulations (Federal).
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In 1983, the Saskatchewan Fisheries Policy came into existence to address the problem of increasing pressure on the fish resource. The overall objective of the policy is to develop the fisheries resource to its fullest potential while ensuring the long-term viability of the resource.. In 1999, Saskatchewan Environment and Resource Management (now SE) and SNA jointly commissioned a study to help determine ways of improving the operational efficiency of the commercial fishing industry, to identify constraints and to provide background for discussions among participants in the industry including the federal and provincial governments, Freshwater Fish Marketing Corporation, northern commercial fishermen and the Saskatchewan Co-operative Fisheries Limited.
In January 2000, in response to this study, SE and SNA prepared the “Commercial Fishing Revitalization Strategy” to address many of the study’s recommendations. The successful achievement of the 21 action items in the Revitalization Strategy has been based upon a co-operative effort by government, northern fishermen, and the commercial fishing industry. These action items address such concerns as: (1) communications and planning; (2) business planning, promotion and marketing; (3) infrastructure development (e.g., lakeside packing facilities); (4) new technology; (5) resource allocation; and (6) training.
SE manages allocations based on the principal that natural populations produce an annual available harvest that can be utilized on a sustainable basis. Fisheries biology research can estimate the amount of each fish species. This 'allowable catch' is then partitioned among the various users, according to the following priorities:
1. Conservation: Ensure that sufficient breeding fish are available to maintain the population. If the fishery is badly depleted, no fishing is allowed; 2. Treaty Indian Fishing: If a surplus is available, the first users considered must be Aboriginal taking fish for food pursuant to Treaty Rights; 3. Subsistence Fishing: Mainly in northern areas, disadvantaged local residents who need fish for food are given access to the resource; 4. Sport fishing by Saskatchewan residents: All Saskatchewan residents with valid sport fishing licenses have access to all public waters for angling purposes, subject to seasons and catch limits; 5. Commercial users: This includes sport and commercial fishing, and tourist outfitting. Preference in allocating the resource to these users is based mainly on past fishing history on the lake in question.
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Recommended management policies
1. The goal of management should be to maintain sustainable fish populations while maximizing benefits to local communities; 2. SE should ensure the full utilization of outfitter allocations by requiring outfitters to demonstrate consistent and ongoing use of all their resource allocations, or lose the unused allocations; 3. For new or changed lake allocations and licensing, SE must consult with an existing fish co-op or, if no operational co-op exists, with affected fishermen and communities as per Section 4.1.2. 4. Greater licence fees should apply for greater allocations to encourage outfitters to give up any lakes they are not using (Recommend legislative amendment if required); 5. Winter commercial fishing should be permitted on certain lakes allocated to outfitting, where the full allocation is not harvested; 6. Exclude commercial fishing activity from the Fond du Lac Bay area, subject to consultation with Fond du Lac, Stony Rapids and Black Lake communities. The area is an important community use area and sensitive trout-spawning habitat.
Recommended Actions
1. SE, in conjunction with AMS, should initiate a review of fish allocations policy to address the issue of full allocations and aim to reduce conflict among outfitters, commercial fishermen and traditional users; 2. SE should make unused resource allocations available to new outfitters and commercial fishermen; 3. AMS and SE should share all data relevant to fisheries allocations and management.
4.4.2 Conservation aspects of catch-and-release fishing
What is the issue?
Athabasca fishermen continue to observe damage from barbed hooks on fish that have been caught and released several times by outfitters.
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Existing management
The Outfitter and Guide Regulations currently require the use of barbless hooks only on lakes designated as ‘catch and release’. Barbless hooks are mandatory in Manitoba and Alberta. Single lines are mandatory in Saskatchewan except for ice fishing. Heavyweight lines are used for trophy fishing.
Recommended management policies
1. Barbless hooks should be made mandatory for sport fishing on all lakes in WMZ 75 and 76 to ensure fewer fish are damaged, and to promote respect for the environment (Recommend legislative amendment if required); 2. Single, medium-weight lines should be made mandatory for sport fishing on all lakes in WMZ 75 and 76 to help sustain fish resources (Recommend legislative amendment if required).
4.5 Forest resources management
4.5.1 Non-timber forest products (NTFPs)
What is the issue?
NTFPs, particularly mushroom harvesting, represent a future commercial opportunity in the region.
Existing management
SE regulates the permitting and allocations of NTFPs under The Forest Resources Management Act and Regulations . Saskatchewan Agriculture, Food and Rural Revitalization co-ordinates marketing and agronomy research and extension for the industry. SNA provides the following business development resources and services that could assist NTFP initiatives: (1) business development consulting services (e.g., marketing, financial, and business plan development); and (2) Northern Development Fund Loan and Grant dollars, available upon application and approval. SNA is also addressing the development of a NTFP strategy for the Northern Administration District.
A forest products permit is required to harvest, on provincial Crown resource lands, any NTFP for commercial purposes. These permits must be purchased by commercial buyers, but not by those individuals who harvest for personal or subsistence purposes or for delivery of NTFPs to commercial buyers. To help
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ensure that commercial harvesting activities follow sound resource management practices, SE is currently redeveloping its permit application for NTFPs.
Recommended actions
1. Governments should ensure that the NTFP industry is developed to maximize Athabasca residents’ participation and benefits; 2. In response to the demonstrated local interest, governments should provide training and development assistance to communities in the following areas: • Suitable species; • Picking and post-harvest handling; • Marketing and value-added processing. 3. Governments should ensure Athabasca community participation in the development of the NTFP industry; 4. Athabasca communities should inform government about culturally sensitive species in the region that may be inappropriate for commercial harvest.
4.5.2 Saw logs for building and firewood
What is the issue?
The Athabasca region has very low potential at this time for large-scale commercial forestry. There is the potential for small-scale sawmilling, which has existed in the past. Other possibilities include niche markets where a particular timber product available in the Athabasca may be economically viable for harvest at some time in the future. The main timber uses in the region at present are firewood and cut logs for building and commercial sale. Concerns regarding timber cutting are minimal and related mainly to the Fond du Lac Bay area where timber clearing has become noticeable.
Existing management
A permit is required for the clearing of any brush or timber, although this requirement may be waived for certain types of local low impact uses. SE regulates the permitting, payment of dues and fees and allocation and planning requirements for the harvesting of forest products under the Forest Resources Management Act and Regulations.
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Recommended management policies
1. Athabasca communities should have the first opportunity to partner in any commercial timber ventures in the region, similar in concept to the existing 1999-2002 forestry partnership arrangements between industry and Saskatchewan’s central and northern communities; 2. Any new clearings must be the minimum size required for the job and should not result in long lines of sight; 3. The Panel recommends the use of alternative forest harvesting and silviculture methods instead of clear- cutting; 4. Timber harvesting is not permitted in critical eagle and osprey nesting areas, which must have sufficient buffer zones to avoid disturbance to wildlife and habitat; 5. SE timber permits should instruct the proponent on appropriate buffer zones around water bodies, using an ecosystem-based approach. For example, larger buffers should apply to riparian habitat or important features such as mixed-wood forest adjacent to rivers and streams; 6. Ensure continued community access to important forest resources, such as timber stands, suitable for cabin building, located close to communities (refer to Section 4.3.5 – involve communities in fire planning).
4.6 Commercial and Industrial Activities
4.6.1 Environmental management of hydro
What is the issue?
There is potential for small hydro projects where there is a drop in water levels, such as waterfalls (Appendix 2: Priority areas for hydro ). Such projects have the potential to provide lower cost electricity to the region, employment and small revenues. Hydro potential at these sites may conflict with other values such as cultural sites, intensive traditional use areas, critical fish and wildlife habitat, aesthetic values and commercial values.
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Existing management
Both The Fisheries Act, 1985 (Canada) and The Navigable Waters Protection Act, 1985 (Canada) apply to hydroelectric developments, administered by the Department of Fisheries and Oceans (DFO) and NavCanada. The Canadian Environmental Assessment Act may also apply on land and waters under federal jurisdiction, such as Indian reserves.
Permits for hydro developments in Saskatchewan waters and Crown land are regulated by Saskatchewan Watershed Authority under The Environmental Management and Protection Act and Regulations (Saskatchewan 2002) . The Saskatchewan Environmental Assessment Act may apply (See Appendix 10). While the management of navigable waters falls outside the scope of The Agreement , management of the environmental impacts of hydro developments is within the mandate of this land use plan.
Hydro projects are regulated to ensure that: • fish are able to move past the dam site as well as they do naturally; • there is little or no impact to critical fish habitat; • the design, operation and location is adjusted to reduce environmental impacts; • habitat improvement offsets any damage to achieve no net loss of productive fish habitat.
Recommended management policies
1. No hydro development should be permitted in the Nփh bëk’ësórëdᰯí zone in the interim period until finalization of Athabasca protected area designations; 2. Hydro proposals in other areas should be assessed on a case-by-case basis through the EIA process; 3. The EIA processes must include an assessment of impacts on traditional use and cultural sites, as per the process established in Section 4.2.2; 4. The EIA processes should implement the ongoing monitoring of impacts to people and natural systems, including cumulative impacts. Proponents should report back to the affected communities on public consultation and input on impacts ; 5. The EIA consultation processes should incorporate the recommendations in Section 4.1.2; 6. Additionally, EIA consultations must include information on all associated control structures and infrastructure. If this is not available at the time of consultation, further consultations must be scheduled when the information becomes available;
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7. The following best management practices should be considered for hydro developments: • Keep natural flows; • Maintain natural fish movements; • Use fish-friendly turbines; • Top draw in situations where this will simulate natural water temperature; • No destruction of critical habitat; • Keep existing navigation passages open during all seasons.
4.6.2 Nature-based tourism, ecotourism and cultural tourism
What is the issue?
As road access improves, the demand for a wider range of tourism opportunities, such as eco-tourism and cultural tourism in the region will increase. Government, industry and local communities encourage these forms of tourism, yet recognize that they are based on natural and cultural features that often have great importance for local people, and which must be protected.
Existing management
Recreation and eco/cultural tourism do not require a license, but do cause an impact on the landscape.
The Provincial Wildlife Act and Regulations apply to tourism opportunities involving the sharing in traditional uses of wildlife. It is illegal for meat harvested under Treaty Rights to be shared with non-Treaty persons. It is also illegal for a non-Treaty person to accompany a Treaty person while they are exercising their Treaty hunting rights.
Recommended management policies
1. New tourism activities require consultation with local communities and affected interest groups as per Section 4.1.2; 2. Tourism operators must supply plans to SE and AMS outlining sites they intend to promote and utilize, including access routes and modes of transportation (e.g. ATV, canoe, foot). Changes in access must be reported to SE and AMS;
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3. Tourism operators must address community concerns in their access proposals, including avoiding sites that communities advise are inappropriate for tourism due to cultural restrictions; 4. Tourists in the region (WMZ 75 and 76) should be allowed to share in traditional land management experiences, for example eating traditional foods and learning about local cultures. Athabasca communities must be closely consulted about the development of legislation and policy changes required here. ( Recommend legislative amendment ); 5. Under no circumstances should the sport hunting of barren-ground caribou for non-residents of WMZ 75 and 76 be permitted in the Athabasca.
Recommended actions
1. The AMS should request annual visitor numbers from tourism operators and other potential information sources. 2. The AMS and SE should collaborate in determining where and what level of visitor management is required as visitor numbers increase in the region. The level of visitor management should reflect the level of use; 3. The AMS should identify areas that may be inappropriate for tourist access, and make recommendations to government for restrictions on access to areas identified as significant (e.g. special consultation areas, getting a permit for access, or guided access only); 4. The AMS should identify potential tourist access points along the seasonal road to encourage visits to desirable areas; 5. As visitor numbers increase, SE should monitor the impact of recreational fishing on lakes accessible from the seasonal road.
4.6.3 Environmental management of mining
What is the issue?
Athabasca communities depend on the long-term health of the ecosystem. When resource-intensive developments, such as mining, finish using an area and move away, local people still need to fish, hunt, trap and continue traditional pursuits using the land and water. There is concern locally and globally about the risk uranium mining may pose over time to plants, animals, water, land and air. During the planning process, Athabasca people’s concerns focused on the potential for spills, and levels of toxicity in the surrounding ecosystem.
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Existing management
While the exploitation, extraction and management of minerals falls outside the scope of The Agreement , management of the environmental impacts of mineral activities is within the mandate of this land use plan.
Uranium mining and milling is an intensely regulated industry that falls under both federal and provincial jurisdiction. All mining companies operating in the region are required to negotiate a surface lease agreement with the provincial government every time they plan a new project. The agreement provides the proponents with land tenure, and ensures adequate provincial regulatory control over environmental protection and worker health and safety. Through separate Human Resource Development Agreements, the Surface Lease Agreements also address training, employment, business and other socio-economic benefits from northern mining operations.
Canadian Nuclear Safety Commission (CNSC): • regulates the construction, operation and decommissioning of all uranium mines, production plants, and radioactive-waste-management facilities in Canada; • regulates radiation exposure in Canada in cooperation with the radiological protection bureau of the federal department of health and welfare, with the advice of the international commission on radiological protection; • operates under the Nuclear Safety and Control Act, 1997 and Regulations (Canada), the Canadian Environmental Assessment Act and also an agreement between SE and Saskatchewan Labour that simplifies the joint federal/provincial regulation of the industry.
SIR: • is responsible for the administration of all Crown-owned mineral and petroleum commodities, including quarried commodities, in the province, with the exception of aggregates (sand, gravel, and structural clay) and horticultural peat which are administered by SE; • controls the disposition of the Crown mineral rights through The Crown Minerals Act and related regulations; • collects resource royalties.
SE • administers the Crown surface rights for the province in the planning area. This includes monitoring the environmental regulation of mining operations and the rehabilitation of sites; • operates under The Saskatchewan Environmental Assessment Act and The Environmental Management and Protection Act, 2002 and Regulations .
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SNA: • is responsible for negotiating and administering mineral surface leases for mining projects in northern Saskatchewan, coordinating with SE and other provincial departments. Special Regulations are created for Mineral Surface Leases under The Forest Resources Management Act, 2002 (Saskatchewan) ; • administer s the Northern Mines Monitoring Secretariat (NMMS) and Environmental Quality Committee (EQC). The EQC provides “impact communities” the opportunity to communicate with government and industry on environmental protection, worker health and safety, and socio- economic performance related to northern uranium mining activities. The NMMS serves as an administrative, technical, and financial support to the EQC. NMMS membership consists of provincial and federal government departments having a regulatory or development role in northern Saskatchewan’s uranium mining industry.
The Joint Federal-Provincial Panel on Uranium Mining Developments in Northern Saskatchewan (1991- 1998) conducted environmental assessments for five proposed uranium developments in northern Saskatchewan, and made recommendations to Canada and Saskatchewan, with the following key outcomes: • Financial assurances for decommissioning all mines; • Cumulative environmental effects monitoring program (NMMS and EQC); • Radiation dose limits for workers put into Surface Lease Agreements; • Reform of Saskatchewan’s legislative health and safety standards; • A long-term epidemiological study of the province’s uranium miners; • A Multi-Party Training Plan to train and employ northerners in 60% of all new jobs in the northern mineral industry; • The number of northerners employed in the mining industry doubled between 1992 and 1997; • More business opportunities for northerners.
The Regulations require the design, construction, maintenance and monitoring of an engineered facility for storing tailings as long as the mine/mill complex is operational. There are also requirements for treating effluents and limiting access to the site, as well as close-out criteria to be followed in preparing the tailings for abandonment, and financial assurances for the cleanup.
During the operational phase, tailings must be physically confined. The regulations require provisions for controlling radioactive dust and limiting the atmospheric releases of radon gas. Design measures to prevent the seepage of chemicals and radionuclides into the underlying soil, and to reduce the levels of radioactivity in the liquid run-off, must be approved. In unusual cases, where some portion of the tailings contains unusually high concentrations of radioactivity, the regulators may lay down special design requirements.
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The mines develop and continually improve upon environmental management systems tailored to meet the regulations and work to comply with industry best practice standards such as the ISO 14001 standard.
Recommended Actions
1. The AMS should work with both government and industry to help both achieve more effective communication with Athabasca communities; 2. The AIAP/AMS supports more capacity-building opportunities for EQC members to promote informed dialogue with communities; 3. Regulators should make environmental monitoring information readily available to Athabasca communities, in a format appropriate for people who use English as a second language; 4. SE should continue air and water quality testing, and more extensive contamination testing of moose, bear, migratory birds and fish. For example, fish should be put into containment areas such as Rabbit Lake A-zone dike for monitoring purposes to get better information on the potential environmental impacts.
4.6.4 Environmental management of abandoned mines
What is the issue?
SE identified 42 abandoned mines and advanced exploration sites in the Athabasca region in its Assessment of Abandoned Mines in Northern Saskatchewan (Appendix 14). Many of the sites closed in the late 1950s or early 1960s – a time when environmental protection, decommissioning and reclamation requirements were much less rigorous. Further, there is no relationship between the operators of these abandoned sites and the current uranium mining companies.
At many of the sites, little or no cleanup took place after mining and exploration finished. As a result, some sites are a public safety and/or environmental risk. Safety risks include such things as deteriorating buildings, asbestos insulation, openings, trenches and debris left at the sites. Some environmental risks include elevated radiation levels, chemical contamination, acid-generating tailings and waste rock.
Athabasca land users identified abandoned advanced exploration sites as an environmental and safety issue. Figure 13 illustrates the locations of several sites described by one trapper as between 50 and 100 feet long,
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three and 15 feet deep, sometimes enclosed by wire strands with few warning signs left standing. These sites were not identified in the Assessment of Abandoned Mines in Northern Saskatchewan.
Recommended management policies
1. Certain abandoned mines are valued as heritage and tourism assets. Consultation with local communities as to how to preserve these values in the clean up process is important; 2. Mine decommissioning consultations should incorporate the Panel ’s recommendations in Section 4.1.2; 3. Some safe and isolated abandoned sites should be kept as is for scientific study purposes and for interpretive tourism, monitoring the long-term impacts of uranium mining; 4. The knowledge of both elders and scientists should be recognized in identifying suspect fish for sampling for suspected abnormalities; 5. In the Athabasca, mining companies are responsible for cleaning up their sites, with financial assurances and other provisions specified in their Surface Lease Agreements.
Recommended Actions
1. The AIAP/AMS continue to advocate for the federal and provincial governments to formally recognize their responsibility to clean up the existing Athabasca abandoned mines; 2. Until the government is ready to start cleaning up abandoned mines, SE should keep the public safe by zoning and signing each site in both syllabics and English; 3. Consult local communities about ranking the risks and about standards to which the abandoned mine sites should be reclaimed; 4. The AIAP/AMS should work with communities and other interested parties to identify known advanced exploration sites of concern. This information should be forwarded to the government in the public consultation stage of its three-year Assessment of Abandoned Mines in Northern Saskatchewan project (Appendix 14). 5. Federal/provincial funding should be tied to capacity-building measures so that local communities have the opportunity to make up the bulk of the workforce in the cleanup of abandoned mines.
Figure 13: Community-identified examples of abandoned uranium exploration trenches
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4.6.5 Efficient and timely permitting process
What is the issue?
Industry concerns about timeliness in the permitting process relate primarily to consultation and up front work required before work can begin. For example, mineral exploration is a high-risk activity and difficult to finance. Exploration programs are planned based on previous results that take time to acquire and interpret. Budgets are generally short-term and commonly finalized just before an exploration season. Many activities are seasonal in nature. For example, geologic mapping can only be done when the ground is bare, whereas drilling is normally done in the winter when the ground is frozen for access. Exploration is a results-oriented activity. The approach, emphasis or location of the exploration may change mid-season, based on positive or negative results. All of these aspects of exploration result in short time lines. Associated government permitting must be responsive to these conditions for effective exploration to occur.
Existing management
A range of regulatory agencies issue permits, licences and work authorizations on provincial Crown land in Saskatchewan (Appendix 15).
Recommended management policies
1. Flexibility and scalability are included in the consultation guidelines in Section 4.1.2 on page 40.
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4.6.6 Road and trail construction
What is the issue? (See Existing Roads and Trails Map Appendix 2, p.24)
During planning, concerns were raised about road and trail construction in the region, including: • potential to create new access to barren-ground caribou range for southern hunters; • disturbance to fish and wildlife, including caribou migration patterns; • impact on critical and sensitive fish and wildlife habitat; • impact on important ecological areas; • lack of consultation with local communities about trail construction; • potential disturbance to important cultural areas; • potential impact on intensive traditional use areas; • inadequate pre-planning, environmental review and consultation about trail networks; • some of the above impacts are exacerbated by the significant portions of open country in the planning area due to recent burns and slow forest growth rates. This results in decreased control over trail networks.
Existing management
Highway 905 and the Athabasca seasonal road allow the transport of supplies and services to the Athabasca communities, and provide infrastructure for economic development. Trails are developed in the region for economic, recreational and traditional purposes. SE issues surface licences and permits under The Environmental Management and Protection Act, 2002 , The Provincial Lands Act (1989) and Saskatchewan Environmental Assessment Act (2003) and associated regulations. The department operates under a recently updated Roads and Trails Policy. The Saskatchewan Department of Highways and Transportation is responsible for the construction, maintenance and operation of Saskatchewan highways. Nineteen side roads have been constructed off the Athabasca seasonal road. Some of these are short roads pushed when the road was constructed in 1998, while others have been made in the years following completion of the seasonal road. Only two permits have been processed for these side roads.
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Recommended management policies
1. Road access from the south should be provided into each Athabasca community in the planning area (Hatchet Lake/Wollaston, Black Lake, Stony Rapids, Fond du Lac) and limited to one main road; 2. Athabasca communities would like to see the Athabasca seasonal road upgraded to all-weather capability, with extension to all communities in the planning area (Hatchet Lake/Wollaston, Black Lake, Stony Rapids, Fond du Lac); 3. If and when proposals are submitted for road access to the north west (linking to Fort Smith), use of the route should result in minimal or no increased hunting pressure on the barren-ground caribou herds, and the location of the road should be based on the route of minimal disturbance to the yearly migration of the herds; 4. All road and trail proposals on occupied caribou range 5 (currently north of the Fond du Lac River in the west and north of Highway 905) must also be assessed for their potential impact on the caribou range and may, at the discretion of SE, require the submittal of an Environmental Protection Plan (EPP). The intent is to minimize disturbance to caribou and their habitat and to limit hunting pressure on the caribou herd through planning and management. The EPP would: • identify the proponent’s long-term road and trail development plans for the area; • include what actions would be taken during the road construction, operation and closure stages to limit hunter access and minimize the impact on the caribou and their habitat (Figure 13); • consider the viability of alternative means of access such as of ‘fly-in’ versus road construction; • allow SE to incorporate measures of threshold trail density 6 based on sustaining current natural conditions. 5. All road and trail proposals are subject to consultation requirements (Section 4.1.2), best management practices 7 and existing regulations. Regulations should be used to apply specific conditions to road and trail permits to address the specific issue of caribou protection. The intent is to: • position roads and trails to minimize the impact on important wildlife areas (e.g. using lake networks instead of eskers as access routes); • avoid sensitive areas such as those occupied by wintering barren-ground caribou;
5 Occupied Beverly and Qamanirjuaq caribou range has shifted over time across a wide geographic area (Figure 1) 6 Research shows the cumulative impact of trails and seismic lines on caribou, where even very low densities of trails causes woodland caribou to avoid the area (Weclaw, 2001). A similar avoidance response can be found in barren-ground caribou. 7 An example of industry best practices is the Mineral Exploration Guidelines for Saskatchewan created in June 2005, available at www.se.gov.sk.ca/environment/assessment
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• prevent summer and winter public use of the road during its period of intended use and after its decommissioning; • ensure effective reclamation of all roads for temporary access immediately after the completion of the permitted activity, using current best practices (e.g. slash/rollback). 6. In the case of ‘one-time-only’ single trail proposals, greater restrictions should apply to trails above a certain level of potential impact (to be determined by SE and the AMS, based on level and variety of use, permanency, accessibility, width/length, positioning relative to critical fish and wildlife habitat, levels of noise and similar forms of disturbance, and physical disruption of the landscape); 7. Proposed locations for all road and trail construction must be clearly identified in the proponent’s application to SE, and this information made available to the AMS; 8. Road and trail construction should avoid disturbance and sedimentation of fish spawning areas and other critical fish habitat through Aquatic Habitat Protection Permits which help prevent impacts on these water bodies; 9. Eskers are critical habitat for a wide variety of wildlife, especially wolves, bears, wolverine, caribou, moose, and some species of birds and plants including white spruce and trembling aspen. Roads and trails that are required to run parallel with eskers should be positioned at least 1000 metres away from the base of the esker. Where it is necessary to build along an esker, road locations should be in the mid to lower valley section, should follow the main trunk of the esker but avoid any offshoots and lateral esker complexes. Extraction of gravel and sand deposits from eskers for road construction or similar activities resulting in a major alteration of the esker should require a project proposal unless this activity is already dealt with through an EIA for the accompanying road(s) or trail(s);
10. SE will develop and maintain an inventory of existing and new trails in the area, and share this information with the AMS; 11. Any new clearings must be the minimum size required for the job and should not result in long lines of sight, as per Section 4.5.2; 12. The developer should identify proposed sand, clay and gravel extraction areas in their application to SE; 13. The EIA process must include an assessment of impacts on traditional use and cultural sites, as per the process established in Section 4.2.2; 14. Other linear developments such as pipelines and power lines that were not addressed in the planning process should be dealt with under current regulations, incorporating any relevant recommendations in this plan, such as for consultation (Section 4.1.2) and EIA (Section 4.6.1).
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Figure 13 Beverly and Qamanirjuaq Caribou Range
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4.6.7 Waste disposal from camps
What is the issue?
Community members expressed concern during the planning process about grey water disposal, particularly on small islands that support multiple tourist camps. Environmental risks from sewage discharge include disease hazard to drinking water and increased organic material creating water pollution.
Existing management
Saskatchewan regional health authorities are responsible for regulation and inspections of solid waste and sewage disposal systems in the region, with the assistance of SE. At the end of 2003, there were two employees responsible for the inspection of approximately 600 outfitting operations, including out camps in the northern region. Applicable legislation includes The Public Health Act (1994 ) and Regulations and The Environmental Management and Protection Act, 2002 and Regulations.
Recommended management policies
1. Tourism operators must seek approval for new or upgraded waste disposal systems; 2. Locally trained specialists should ensure compliance with The Public Health Act and Regulations; 3. Government should make it easier for outfitters to find information about the full range of guidelines and Regulations, by having all information in readily available formats and locations; 4. The AMS and government health and environment departments should share information about new outfitting licences, complaints and progress on inspections; 5. Garbage dumps should be fenced off to restrict access by bears and other wildlife.
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Recommended Actions
1. Government should immediately address its limited capacity to monitor grey water and garbage waste disposal processes in the region by: • creating more training and more public health inspector positions in the north; • requiring that inspections be done on a regular basis; • ensuring that SE inspects both garbage and grey water disposal in their yearly inspections.
4.6.8 Service centres, commercial and recreational dispositions
What is the issue?
The Athabasca communities have indicated their support for new commercial business opportunities that may arise from the construction of the seasonal road. A specific zone is allocated in the plan for Community and Infrastructure Areas to recognize these opportunities (see Section 5.2.3). Demands for new development activities in the region have increased, and include: roads, airstrips, outfitting camp facilities, gas stations, cottage lots, motels, campgrounds, community infrastructure, etc. Provincial regulations currently control development on Crown land, access to natural resources and impacts on other users.
The IAP recognize the need to set special guidelines to control where new developments should be allowed, the conditions under which they would be approved, and the specific operating conditions to protect environmental and cultural resources, the beauty of the landscape and undue competition with established businesses.
Existing management
Service centres and commercial leases on Crown resource lands require a disposition issued under The Provincial Lands Act (Saskatchewan) . Rates charged for these dispositions are set under the Resource Lands Regulations. SE manages leases.
Recommended management policies
1. All commercial developments require submission of a plan that outlines potential environmental impacts and how they will be addressed.
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 85 SECTION 4.0 Land Management Policies
Recommended actions
1. All commercial developments must address the following in their plan submitted to SE: • ensure no shoreline or stream pollution; • ensure fish habitat is not impaired during development and operation; • provide for environmental rehabilitation where damage occurs; • have the approval of Saskatchewan Highways for road access; • ensure proper forest fire protection plans are in place with adequate equipment; • meet all requirements for the handling of waste, sewage and garbage; • meet all requirements respecting the storage and handling of fuels; • provide a plan for the clean up and rehabilitation of temporary facilities; • undertake to address cumulative impacts from the ongoing expansion of businesses.
2. The AMS should develop guidelines as part of Stage 2 planning to cover relevant aspects of commercial and recreational development within the road corridor zone. Communities will be encouraged to create similar guidelines for community and infrastructure areas around them. These guidelines should cover at least the following main points:
• Sub-zoning of the corridor zone should occur to highlight areas where new commercial developments are allowed or prohibited; • The impacts of new developments on existing businesses and other adjacent land uses will be taken into account; • Guidelines will be developed to minimize impacts on sensitive cultural, social and environmental areas; • Information will be developed to assist developers in making decisions on where to locate and how to proceed with approvals; • Programs should be put in place to assist local people to take advantage of potential business and commercial opportunities; • A review process should be established to deal with the review and approval of development requests and proposals that do not fit within the guidelines.
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ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 87 SECTION 5.0 Land use zoning
5.0 Land use zoning 5.1 Introduction
Land use zoning is a planning tool that uses designations of land for varying degrees of protection, management and development. Four land use zones are recommended to guide the management and development of the Stage 1 planning area (Figure 15). Development restrictions apply to the Nփh bëk’ësórëdᰯí zone. Development is permitted in the remainder of the planning area, subject to different levels of management.
General land use principles, as noted in The Agreement, for the whole planning area include:
• promotion of land uses that maintain healthy processes and biodiversity for sustainable ecosystems; • recognition and promotion of the needs of the people and communities in the planning area in particular, and the people of Saskatchewan in general; • advocacy of development that maximizes opportunities for the people of the area; • existing dispositions, licenses, leases, permits and other authorizations to conduct work are allowed to continue, regardless of the land use designation for that area; • nothing in this plan abrogates or derogates from the existing Aboriginal and Treaty Rights of the Aboriginal peoples of Canada that are recognized and affirmed by Section 35 of the Constitution Act, 1982. Rather, the land use plan aims to ensure that traditional activities are not adversely affected by development. This agreement shall not prejudice or affect any present or future land claims or any self-government initiatives. • recommendations in Section 5.0 do not affect traditional use activities and Traditional Resource Use (TRU) cabins, or any associated regulation such as TRU permits.
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5.1.1 Approach to zoning in the land use plan
Zones were developed through an open, community-based process of putting together many layers of information, understanding the environmental impacts and benefits of different land uses, discussing management options and negotiating acceptable activities for different areas (Appendix 5).
1. Assume that all of the land and water is critical to the ecosystem.
The ecosystem means all living and non -living things, including people and their livelihood.
2. Gather information on the different land uses and values in the planning area.
Information about commercial uses came from existing government maps and participatory mapping exercises. We analyzed where human activity is likely to occur in the life of this plan; these became priority areas.
Information about areas of conservation value came from existing government studies in the area (e.g. RAN, Parks, Heritage studies). In addition, CPAWS provided their analysis of areas of conservation value.
The 2001-02 TLUO research interviewed more than 20% of the adult population, and contributed over 65,000 mapped points and areas of hunting, fishing, trapping, gathering and cultural sites.
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3. Develop a complete list of human activities that are happening in the planning area.
After gathering and reviewing data on priority land use areas, the Panel oversaw steps three to six through an extensive public involvement process, consisting of 13 community meetings, three Panel meetings, and a significant number of meetings between the planning team and individual technical groups, government biologists, Parks, RAN, SIR and enforcement staff, as well as CPAWS staff and other provincial environmental groups.
Certain activities such as roads, lodges and advanced mineral exploration were considered to be higher 4. For each activity, impact and a greater risk to the ecosystem than other activities such as commercial fishing and hunting. consider the environmental impact .
Traditional land users provided In a series of five Panel meetings, resource people their knowledge and experience presented detailed information on the impact of various concerning the impact of various land uses on Athabasca people and ecology. In the uses through the community- above photo, SE provides information about impacts based planning process run by from abandoned mines. the Panel.
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5. Identify which parts of Hundreds of people from communities, government and other agencies worked on identifying values the planning area may be and areas that are sensitive to various human activities. People stressed the interconnected nature of sensitive to human activities. the environment, and identified intensive traditional use areas, significant cultural sites and important fish and wildlife areas as in need of special protection from some development activities (Appendices 2-4).
Intensive traditional use areas.
Burial sites, sacred sites and medicine plants were identified as highly sensitive; birth and death sites to a lesser extent.
Fish spawning areas, eagle and osprey nesting areas.
Woodland and barren-ground caribou, moose, bear denning, eskers (wolf denning, wildlife corridors for species such as caribou, tundra wolves and wolverine).
Archaeological sites.
Areas with rich biodiversity, representative ecological areas (RAN sites), wildlife movement corridors and other areas of high natural conservation value.
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 91 SECTION 5.0 Land use zoning
Figure 14: Conservation values overlay: stage 1 planning area
Figure 14 represents a summary of the values people identified as sensitive to development in the stage 1 planning area. Complete details are found in Appendix 2. Darker areas show where three or more sensitive values overlap. Medium areas have two overlaying values. Lighter areas have one identified value.
6. Develop a land use zone In full consultation with the public, the Panel considered the following for each human activity: map that shows where • the areas that are considered a priority for this activity over the life of the plan; acceptable activities could • the potential benefits from this activity to Athabasca people and others; occur by considering the • perceived environmental costs the type of management needed to address impacts on sensitive values and ensure sustainability and benefits (Appendix 5). (ranging from complete restriction to recommending best management practices); • how to negotiate a balance of conservation and development areas that all parties can live with.
The following Section 5.2 describes the end result of the land use zoning process. Figure 15 illustrates the land use zones, with details of their development contained in Appendix 5.
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 92
Photographs: Land use planning meetings in the communities of Hatchet Lake (Left), Camsell Portage (centre), and Black Lake (right).
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 93 SECTION 5.0 Land use zoning
5.2 Land use zones Oman rollier Lake G Hawkins Lake L. ake L. Lake Astrolabe Lake L. Lake Lake ompas B Young Herbert Fors yth Lake
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Mayson 20 0 20Enge 40mann 60 80 Kilometers lose Lake Pipestone C Kirsch Lake L. ee Lake r L. Pawliuk C
ATHABASCA LAND USE PLANNING , DRAFT , MARCH 2006 94
Nփh bëk’ësórëdᰯí Community and infrastructure areas
Development is restricted Development is permitted
Sites and areas with a very high concentration of important Sites and land areas that are dedicated to community and public traditional, cultural and ecological values that are sensitive to infrastructure that generally limits other land uses. The primary surface access and disturbance. The primary goal is to maintain goal is to maintain existing use and allow for future significant traditional, cultural and ecological values, through a improvements to access and infrastructure. These high use high level of conservation. The existing disposition freeze areas may require specific conditions on use and development continues in this zone. A protected area process will be to maintain public safety, utility performance and good land use completed to establish long-term protection. practices
Special management areas Multiple use areas
Development is permitted, Development is permitted subject to special conditions
Sites and areas of traditional, cultural and ecological All development activities are permitted under appropriate significance that are sensitive to surface access and disturbance. approval and regulatory processes. The primary goal is the The primary goal is to maintain the special values identified in respect of the ecosystem, while allowing for ongoing resource these areas, while allowing for new developments to occur. use and management activities. General policies apply to avoid Additional scoping work may be required to identify sensitive conflict among competing uses, and to address specific social, habitat or cultural areas in advance of development. Seasonal, economic, cultural and ecological concerns. geographic or site-specific restrictions may apply.
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5.2.1 Nփh bëk’ësórëdᰯí land use zone
The Stage 1 planning area contains no designated or planned protected areas. To the north, SE has put temporary designations on three areas of conservation interest. The document in Appendix 12 outlines these areas, and describes the Panel ’s mandate to recommend final boundaries, acceptable uses, management and designations for protected areas in the Athabasca.
Nփh bëk’ësórëdᰯí in the Three Nփh bëk’ësórëdᰯí zones were identified during planning: the Fond du Lac and Cree River systems, Densuline language means and the area from Helmer Lake to Riou Lake, south of the Fond du Lac River. These areas are integral to the “respect for the natural state health of natural and cultural systems in the planning area. The primary goal for these areas is to maintain and value of the land.” the highly significant traditional, cultural and ecological values described below. An explanation of how the zones were derived is included in Appendix 5. Appendix 3 and Appendix 4 provide an analysis of The English approximation, “Conservation”, is also used in significant natural and cultural values in these areas, while the range of land use and values that form the this document. basis for the zones are illustrated in Appendix 2.
FOND DU LAC and CREE RIVER systems • A concentration of burial sites, sacred areas and archaeological sites, with occasional medicinal plant sites; • Intensive areas of animal and fish kill sites, trapping areas, overnight sites, travel routes, plant collecting areas, and other identified traditional land uses; • Areas with rich biodiversity, critical fish and wildlife habitat such as fish spawning, raptor nesting, and bear and wolf denning areas, representative ecological areas, wildlife movement corridors and other areas of high natural conservation value (such as moose and barren ground caribou habitat).
HELMER LAKE to RIOU LAKE area The Nփh bëk’ësórëdᰯí zone covers • Similar values as described above; but a lower 12.6% of the land in the Stage 1 density of burial and sacred sites; large areas of medicinal plants, which are highly valued by planning area communities for their healing and sacred qualities.
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Specific recommendations for the Nփh bëk’ësórëdᰯí land use zone include: Land use activities Nփh 1. Traditional land use is the priority use in this zone. The primary objective for land managers is to bëk’ësórëdᰯí Traditional use P conserve and enhance the natural and cultural values integral in these special areas. Guided fishing & hunting C 2. The existing freeze on outfitting, recreational cottaging, and other commercial dispositions as per The Commercial fishing C Agreement (Appendix 11 s5.8a ) will continue to apply in this zone until replaced by long-term Sand gravel extraction N* designations or the areas are re-zoned. Any proposed development activity is subject to recommendation Roads & trails N* four below and the policies in Section 4.0. The proposal must demonstrate that the proposed activities Lodges & infrastructure N will not have a significant environmental impact before it is allowed to proceed. Waste disposal N 3. A new understanding and agreement concerning zoning recommendations between the Athabasca Mineral extraction C communities, as represented by the Panel , and the SE Minister, representing the provincial government Mineral exploration C Hydro development N that: • will establish, as a priority in the Stage 2 land use planning process, the identification, description and recommendation of protected areas for the Athabasca region (Stage 1, 2 and P = Permitted; N = Not permitted; 3 planning areas). The process will: C = Permitted with special conditions; a. involve all those mandated for the development of protected area recommendations, in conjunction with other interests such as industry, heritage * - Exceptions may be granted as per Section 4.6.6 and 5.2.1 . and environmental organizations; b. consider the sensitivities of the identified values in the region and consider different ways of protecting these values, ranging from full protection of large areas to site-specific management; c. make recommendations that may impact the full range of land uses in the region 4. Proposed development in this zone will be subject to extensive environmental review, and will include the following: • Proponents applying for a surface permit for activities 8 exempt from the freeze must submit a project description, in a form satisfactory to the AMS, and must take into account and avoid impact to sensitive natural and cultural values; • consultation as per Section 4.1.2, and a review by the AIAP as per Appendix 20; • A report of the consultation process should be submitted to the AMS prior to disposition approval. The report should include: who was notified and consulted, on what dates, what information was supplied about the project, concerns raised and proposed mitigation;
8 This refers to activities requiring a land use permit or authorization from Saskatchewan Environment, such as roads, trails, recreational cabins, commercial dispositions, work camps, clearing, drilling, exploration, etc.
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• SE will continue to provide guidance and assistance to developers to put together a satisfactory project proposal, providing, upon request, publicly available information on the natural and cultural features of the proposed area; • Project proposals must take into account and outline strategies to avoid impact to places of spiritual and cultural significance, such as burial sites and sacred and medicinal plant areas mapped through the 2001-02 TLUO research (The AMS can provide the proponent with this information); • Project descriptions should include a description of the benefits that the activities will provide to the land or people of the region; • The AMS and appropriate government specialists should be forwarded a full copy of the project description for review, allowing sufficient time for review and comment before a permit decision is made; • During the consultation process, the AMS will advise the Minister as to whether the proposed activity should proceed, or if it considers further studies, further consultation or an EIA is required. While the Panel strives for consensus, given the wide range of interests represented on the Panel , complete agreement may not be possible in all cases. In cases where disagreement exists, the written advice to the SE Minister will represent the view of the majority of the Panel , noting any disagreement and reasons. Where the Minister disagrees with this advice, the Minister will provide written reasons for the decision; • Longer time periods for environmental review will apply in this area to allow more detailed consideration of potential environmental impacts and possible mitigation; • Development activities may or may not be permitted in all or part or the proposed area, depending on the level of potential impact to natural and cultural systems. 5. TRU cabins are subject to existing regulation and do not require the submission of a project description, so far as their primary purpose is for commercial fishing or trapping; 6. Given that some dispositions are temporary, such as mineral claims, the Panel should periodically review expired dispositions to determine if the land use zoning for that area needs adjustment; 7. Proposed activities are subject to the general policies outlined in Section 4.0.
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5.2.2 Special management areas
Three special management areas were identified during planning: North and South of the Fond du lac River, between Stony Rapids and Fond du Lac; Waterfound River to Wollaston Lake.
The Special Management Area designation covers approximately 40% of Land use activities Special the land within the Management Traditional use P planning area. Guided fishing & hunting C Commercial fishing C Sand gravel extraction C Roads & trails C Lodges & infrastructure C Waste disposal C Mineral extraction C Mineral exploration C Hydro development C
P = Permitted; C = Permitted with special conditions;
This designation can alert developers or land users to special circumstances that may exist in certain areas. The primary goal is to maintain the identified special values, while allowing for new developments to occur. Proponents applying for a surface permit for activities associated with mineral exploration and mining must submit a ‘project description’ in a form satisfactory to the AMS. Developers may be required to conduct “work area clearances ” in conjunction with Athabasca communities, on advice from the AMS, as part of a process to identify, locate and protect important cultural sites and areas that may be affected by development activities (Section 4.2.2). Seasonal, geographic or site-specific development requirements may apply to protect localized features, or to keep development from going beyond a sustainable level. Furthermore, new developments are subject to the general policies outlined in Section 4.0.
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WATERFOUND RIVER to WOLLASTON LAKE Sensitive values: • Intensive traditional land use areas; • Critical habitat for fish, eagle and osprey in the connecting river systems and around lakes with faster flowing water and old growth forest; • A concentrated network of riparian habitat and eskers, which are important habitat and movement corridors for barren-ground caribou, local and tundra wolves, wolverine, moose and furbearer species; • Athabasca communities believe parts of this area are approaching an unsustainable level of development activity.
SOUTH of the FOND DU LAC RIVER Significant Values: • Highly significant cultural values, which include concentrated areas of identified gravesites and sacred areas, and large areas of medicinal plant sites; • Intensive traditional use area; • Critical habitat for fish, eagle and osprey in the connecting river systems and around lakes with faster flowing water and old growth forest; • Important areas for fish and wildlife, particularly for moose, barren-ground caribou migration, bear denning and other wildlife movement corridors.
NORTH of the FOND DU LAC RIVER Significant Values: • As above, with particular emphasis on barren-ground caribou and species associated with the herd’s migration; • Restrictions will apply to road and trail development in this area, as per Section 4.6.6.
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5.2.3 Community and infrastructure areas
Land use activities Infra- This area (10% of the planning area) recognises the existing and future requirement for facilities in the structure planning area, including: Traditional use P • Guided fishing & hunting P community influence and expansion areas within a 10 km radius; Commercial fishing P • an Athabasca road corridor and a one kilometre buffer on either side of the road right of way; Sand gravel extraction P • potential service centres and access points such as boat ramps, gas stations, campsites and picnic Roads & trails P areas; Lodges & infrastructure P Waste disposal P • electric power line corridors; Mineral extraction P • mines and associated infrastructure including buildings, internal roads, tailings ponds and waste Mineral exploration P storage areas associated with mineral surface leases. Hydro development P
SIR has committed to initiate a discussion with the AMS regarding staking in the vicinity of communities, P = Permitted; particularly in regard to the need for consultation about staking in areas the towns may expand into. In addition, it is recommended that when future permanent highway construction is finalised, it be added to the community and infrastructure zone.
COMMUNITY INFLUENCE and EXPANSION AREAS
Objective: • To provide for future improvements to access, buildings and facilities for Athabasca communities following the principles of sustainable development and current approval processes.
Within 10 km of communities, all activities are acceptable, subject to:
• consultation with potentially affected users about the proposed development. Their concerns need to be clearly identified and addressed within the proponent’s application, as per Section 4.1.2; • in these areas, communities’ needs are to be given prime consideration in land and water development decisions to avoid potential conflicts as communities expand; • other conditions to ensure safe water supply for communities; • the general policies outlined in Section 4.0.
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ATHABASCA ROAD CORRIDOR
The area alongside to the Athabasca seasonal road is expected to experience increasing development pressure as traffic increases, particularly if the seasonal road is upgraded to all-weather capability.
Objectives: • To provide a full range of commercial opportunities with minimum disturbance to the natural and cultural resources of the surrounding area; • To control the spread of development to an area one kilometre on each side of the main road, minimizing the impact on wider areas; • To minimize the ecological impacts of development on surrounding areas.
All activities are acceptable in this area, provided that: • Potentially affected users are consulted about the proposed development and that their concerns are clearly identified and addressed within the proponent’s application, as per Section 4.1.2; • Facilities and structures must avoid critical habitat and not create barriers to the movement of fish, wildlife and people; • The general policies outlined in Section 4.0.
ELECTRIC POWER LINE CORRIDORS and MINE SITES
Objectives:
• To recognize existing facilities and intense resource use areas that precludes other development activities; • To minimize the ecological impacts of development on surrounding areas.
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POTENTIAL SERVICE CENTRES and ACCESS POINTS
Travellers are likely to stop to rest and recreate along certain parts of the seasonal road. Additionally, there may be access points that local people require, such as boat ramps that may or may not be open to public access.
Objectives: • To provide future improvements to access for local and traditional land users; • To direct tourist access into appropriate areas, preventing negative impacts on other users and sensitive landscapes.
Recommendations: • In future planning stages, map potential tourist access points along the seasonal road corridor by consulting local users and analysing existing data; • The Creek River Bridge area should be designated and developed for boat ramp access for local communities (closed to the public); • As visitor numbers increase, SE should monitor the impact of recreational fishing on lakes accessible from the seasonal road, and revise catch-and-release designations as required to protect the fish resource.
5.2.4 Multiple use areas
Land use activities Multiple The Multiple Use Area makes up the remainder of the Use planning area that is not zoned as Nփh bëk’ësórëdᰯí , Traditional use P Special Management Area, or Infrastructure Area. It Low impact tourism P covers approximately 37% of the planning area. Guided fishing & hunting P Commercial fishing P All development activities are permitted, under Sand gravel extraction P appropriate approval and regulatory processes, subject Roads & trails C to the general policies outlined in Section 4.0. Lodges & infrastructure P
Waste disposal P
Mineral extraction P Mineral exploration P Hydro development P P = Permitted; C = Permitted with special conditions.
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6.0 Athabasca management structure 6.1 Introduction
The Agreement indicates that the interim Panel is tasked with preparing recommendations with respect to technical and policy matters associated with land use planning and management structures. One objective of the management structure is to increase the participation of Athabasca residents in natural resources management decision-making. The many policies outlined in this land use plan speak strongly about the need for an authoritative and effective AMS. Without such an organization, it is unlikely that the conditions set out in this document can be met.
While the primary efforts of the Panel have been directed at land use planning, they have considered the matter of an AMS in their work. Brief discussions were held during regular panel meetings. A background and examples document was created in the spring 2003. Three one-day panel workshops were held on management, along with a number of technical meetings to develop management structure recommendations. During these efforts, the basic concept of an AMS was articulated.
While there are currently federal, municipal and First Nations’ responsibilities for land and resources management within the Athabasca region, the majority of resource management functions, including regulatory matters, rest with the Province of Saskatchewan, primarily within SE. The current role of the Panel and Athabasca communities in resource management is mainly advisory. An increased level of participation would fall under one of the following categories (See Table 1):
Advice: The AMS/Community members would be notified about proposed activities and could provide the responsible agency with their advice. This is similar to the present situation.
Participation: The AMS/Community members would directly participate in deliberations about a proposed activity, but would not be the responsible agency. For example, they would have a seat at the table and could influence decision-making, but would not be the final regulatory right.
Delegated: The AMS/Community members would be the agency responsible for the review of activity proposals and the issuance of the appropriate permit, license, etc. While the Minister would have the ultimate authority, he/she would have delegated the responsibility of issuing the licence, permit, etc. to the AMS. The AMS would need to make decisions based on legislation, policy and in a fair and unbiased manner.
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While a final, possibly consensus-based, course of action has yet to be decided, we present our vision, some of the initial ideas discussed, interim recommendations, an outline of some required next steps and some interim recommendations.
6.2 Our vision for the Athabasca Management Structure
To achieve the goals and recommended policies of this land use plan, it is imperative that an AMS be established that is fair, effective, localized and authoritative. An exploration of options that would meet the Panel’s goals indicated that the new management structure must: • Have greater decision-making authority than currently exists; • Place more control in the hands of the local residents; • Have a legislated mandate, membership and methods.
A primary goal of the management structure is to move from the current advisory capacity into active participation in decision-making, and ultimately to delegated responsibility for resource management in the Athabasca region. The journey from the current situation where Athabasca communities have little say in land and resource management issues, to the desired situation, where communities have a greater influence over land and resource management issues, is a long one. As such, it will require a transition or step-wise approach that can be placed in the context of four periods of time:
• Today (0 years) • Interim period until plan approval (two to three years from today) • Intermediate 2 years after approval (four to five years from today) • Longer-term 3 years after approval (five or more years from today)
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Table 1: Options for transition into increased management responsibility for the AMS
Management Interim period Intermediate Longer-term responsibility Until plan approval 2 years after approval 3 years after approval (Currently Advisory) (2-3 years from today) (4-5 years from today) (5+ years from today) The predominant role of EIA Advice Advice Participation the AMS is shown first in Outfitting Advice/Participation Participation/Advice Participation Table 1. For example, “Advice/Participation” Fire Management Advice/Participation Participation/Advice Participation/Advice means the AMS operates Forest Management, Advice/Participation Participation/Advice Participation/Delegation mainly in an advisory Fisheries & Fish Habitat capacity, with participation Wildlife Conservation, Advice/Participation Participation/Advice Delegation/Participation in some aspects of the Surface Dispositions regulatory process Protected Areas To be determined To be determined To be determined Appendix 8 explains the process used to develop Table 1 identifies the initial transition as occurring in the interim and intermediate periods: Table 1, and includes more • Outfitting: Development of outfitting guidelines, decision-making for detailed recommendations outfitting applications and management planning. In the longer term, the AMS for the roles and transfer of will participate in allocation decisions and research. responsibilities to the • AMS. Wildlife conservation: Harvest quota decisions and wildlife conservation guidelines, expanding to other aspects of management in the mid-term. • Fire management: Planning priority fire suppression areas, research, education and recruitment. • Fisheries: Review and approval of land use permit applications and the development of permit conditions and fish habitat management guidelines. • Forest management: Review and approval of land use permit applications, and development of permit conditions, and the planning and development of forest management guidelines. • Surface dispositions (including roads and trails and exploration): Review and approval of land use permit applications, the development of permit conditions and the planning and development of forest management guidelines.
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6.2.1 Tasks and mandate
The main responsibilities of the new management structure would include: • implementing 9 the Stage 1 land use plan; • preparing a plan(s) for Stage 2 and 3 planning areas; • developing a terms of reference for its work; • providing a forum for effective consultation and communications with Athabasca residents; • holding TLUO information, as well as bio-physical information; • researching land use planning issues of concern to northern residents and others; • increasing the level of decision-making and authority of Athabasca residents for their benefit and the benefit of the province; • ensuring that different land uses are fairly and expediently assessed and granted/denied based on defendable criteria.
6.2.2 Membership
It was generally agreed that the membership of the new management structure should be similar to the current interim Panel. This includes representatives of communities, government and others.
6.2.3 Working arrangements
In terms of responsibility, authority and relationship to others, the current Panel felt that the following points are prerequisites: • The mandate, membership and methods of the new management structure need to be legislated; • The new management structure must have defined authorities, membership and clear policies with respect to its mandate and operations; • The new management structure should operate in a consensus-based, transparent, fair and equitable manner.
9 Implementation includes conformance checking with the plan, completion of plan recommended actions, progress reviews, amendments & exceptions, dispute resolution
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6.2.4 Organization
While there is much more discussion needed on this topic, it is clear that the new management structure must: • co-operate/involve other existing groups such as Athabasca Economic Development and Training Corporation, Athabasca Subcommittee of the Environmental Quality Committee, and others; • have greater decision-making authority than currently exists; • have adequate financial, human and material resources to successfully exercise its responsibilities; • increase the capacity of local communities, structure members, government and others to actively and effectively participate (Section 6.5).
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6.3 Interim recommendations
The following ‘interim’ recommendations for the AMS are linked to the recommendations on the previous page, and are tasks that can be started immediately:
Interim Recommendation #1 Government, First Nations and local communities must continue working on ways to increase Athabasca regional control over land and renewable resource management through an Athabasca- based management structure. Appendix 8 identifies a framework to guide this work and assigns a timeline; Interim Recommendation #2 Maintain the Panel while the above investigation is undertaken and the new management institution is being established. This will allow the planning process to continue; Interim Recommendation #3 Establish a formal process in which surface dispositions 10 are referred to the Panel for comment, and ensures that the government agencies currently responsible for such dispositions report their resultant actions back to the Panel ; Interim Recommendation #4 Establish a process for Panel participation in the regulation of fish and wildlife and ensures that the government agencies currently responsible for such regulation report their resultant actions back to the Panel ; Interim Recommendation #5 Ensure the direct participation, in an advisory and training capacity, of a non-governmental Panel member(s) in the SE disposition and licensing review process, as well as the EIA process. This will ensure some level of local participation in and direction for the regulatory process while a more formal role is articulated; Interim Recommendation #6 Ensure that adequate resources are directed to the continuation of the Panel and to the establishment and the necessary capacity building efforts of the AMS.
10 A disposition is a right transferred by government that authorizes someone to carry out an activity on the land.
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6.4 Longer term recommendations
The Panel is mandated to recommend the scope and extent of delegated authority to be exercised by the management structure (Appendix 11, s6.1.1 a iv ). While the full range of goals may not be achievable in the short term, we must never lose sight of the fact that we must strive towards the final goal of delegated, localized decision-making. Further steps are required to develop recommendations about the longer-term management role for the AMS, including:
• undertaking a legal review of delegation options and/or methods, including the use of existing legislation or the creation of new legislation; • completing the comparison of existing management approaches and models elsewhere to determine which examples best meet the objectives and expectations of the Athabasca region; • preparing recommendations on technical and policy matters associated with the AMS related to: a. Specific responsibilities of the AMS; b. Capacity building needs for participants; c. Financial, legislative and governance issues and requirements; d. Transition requirements for moving from the Panel to the AMS.
While recommendations relating to delegation cannot be finalized until the above work is complete, the Panel identified a number of areas where the transition to delegated management authority should be considered in the longer-term (Table 1). These include:
• the development of wildlife conservation guidelines, the review of land use permits applications, wildlife quotas, allocations, habitat protection and population enhancement; • the development of fish habitat management guidelines, plans and monitoring, as well as the review and approval of land use permit applications and the development of permit conditions; • the review and approval of forestry permit applications, and the development of permit conditions, planning and forest management guidelines; • the review and approval of surface land use permits (including roads and trails), the development of permit conditions, and the planning and development of forest management guidelines. (Refer to Appendix 8 for more detail)
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6.5 Building capacity
In developing a management structure, there is a need to strengthen the capacity of Panel members, as well as the broader Athabasca community, in order to achieve sustainable natural resource management. To be effective, there is also a need to build a similar set of capacities among government, industry and interest groups, recognizing that the priorities and needs may be different. Building capacity is a long-term task since there are many areas where capacity could be strengthened, and typically there are insufficient resources to have a comprehensive approach to begin with.
The following are three areas in which capacity building will be important:
Organizational and management skills – This includes, for example, interpersonal skills and approaches to team building, negotiation and conflict resolution, consensus building, leadership, understanding culture and values, facilitation, budget and project management.
Understanding science, traditional knowledge, and technical issues – This includes, for example, an. understanding ecological/water (hydrological) processes and traditional knowledge systems that influence land use; collecting, managing and interpreting scientific and traditional knowledge data, using computers, maps, and other technical tools.
Understanding policy and institutional arrangements – For example, understanding governance and the links between federal, provincial and local governance systems, the place of laws, procedures for government and local decision-making, the role of markets and the influence of international policy issues (economic, environmental, and social).
Recommended Actions
• Determine the Panel ’s and the broader community’s current range of skills and abilities through a needs assessment; • Review approaches to capacity building and develop a set of methods and tools that suit the Athabasca region’s needs and existing capacities; • Develop specific training and learning initiatives in high priority areas; • Explore options for capacity building opportunities to be built into accredited professional development programs similar to the training program built around the traditional use research.
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7.0 Implementation Implementation of the land use plan is the core responsibility of the AMS, in accordance with The Agreement (Appendix 11, s6.1.1v ) and Section 6.0 of this land use plan. Government, communities, industry and other groups will also play important roles in the implementation of the land use plan.
A detailed implementation plan should be prepared as the role of the AMS becomes more clearly defined and the plan moves closer to final approval. A draft should be developed in conjunction with Panel representatives, communities, government, industry, and other interested groups, and be approved by the Panel or subsequent AMS. It should detail: • the action(s) required to carry out the zoning and policy recommendations in Section 4.0 and 5.0 of this plan; • the group(s) responsible for the action; • the actions that can be done entirely with existing resources; • the actions that cannot be done without extra resources; • the estimated cost of additional resources needed; • the targets for completion of actions on a seasonal timeline.
7.1 Approval process
The Panel has submitted this draft land use plan to the general public and to the representative groups on the Panel for their consideration and review. The Agreement outlines a process for approval of the land use plan, as follows: • The Panel reviews plan; • Failure to reach consensus will require more negotiation and innovation; the plan is redrafted if necessary (note: this does not give parties a veto); • Plan supported by consensus of the Panel , then submitted to the general public; • If favourably received by the general public, the plan goes to the representative groups on the Panel for consideration and review; • The plan is then sent to the Minister for his or her review and consideration prior to his or her final approval; • At the same time the plan is sent to the Chiefs and Councils for their approval with respect to reserve lands; • At any stage in the planning process where consensus is not reached, the alternative dispute resolution process will be followed as per The Agreement (Appendix 11, s5.6).
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7.2 Monitoring and review
A formal review will occur every five years after the Stage 1 final land use plan is approved. The plan review is an opportunity to makes changes to the land use plan by evaluating the success of the plan in meeting its goals and objectives. Changes to the land use plan should be expected, as the AMS will be monitoring land use information and issues throughout the life of the plan. Land use planning is a continuing cycle where up-to-date information and issues are considered in the process on an ongoing-basis.
As part of the plan review, there will be a consultation process. Communities, approval agencies and other groups will be asked to give their views on how well the land use plan has addressed land use issues. By consulting with communities and other groups, the AMS should gain an understanding of whether the land use plan is meeting land users’ needs and expectations, as well as the needs of provincial and wider public interests.
A framework for a five-year review will be developed as part of the implementation plan. The review should assess: • if the land use plan met the planning principles in The Agreement ; • if the action items were implemented and assess the successes, failures and omissions; • the requests for exceptions and amendments to the land use plan; • the number of applications for permits, licenses and authorizations that were not in conformity with the land use plan and why; • the accuracy of forecasts and the information base used in land use plan production.
7.3 Exceptions
An exception is a decision to allow an activity to take place that is not in conformity with the land use plan. Generally speaking, these would not be expected to occur frequently, if at all. However, if an exception to the approved land use plan is proposed, the following guidelines must apply: • The AMS has a responsibility, yet to be determined, for considering and making exceptions to the approved land use plan; • Proposed exceptions may only be brought to the AMS by the signatories to The Agreement ; • When considering granting an exception the AMS will consider:
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a. Does it benefit the residents and communities of the Athabasca region and does it have their support? b. Does it have the support of the Athabasca Denesuline Nations, Athabasca municipal governments, and the government of Saskatchewan? c. Is the land use something that the Panel did not consider? d. Is there new information about an area that the Panel did not have when producing the land use plan? e. What will be the environmental and cultural impacts of allowing the exception? f. What are the implications of allowing the land use relative to other land uses that are either occurring or potentially occurring in the area? g. Is the land use precedent setting i.e. will the exception likely lead to more requests for similar exceptions? h. Should this exception lead the Panel , or subsequent management structure(s), to consider amending the plan?
7.4 Amendments
Amendments can be made to make long-term changes to the land use plan. This section expands on the Amendment process mentioned in the Panel’s Terms of Reference (Appendix 6).
Any person or group can propose an amendment at any time, although amendments are most likely to occur as a result of the five-year review of the land use plan. The AMS may decide on its own to amend the land use plan. However, approvals for a land use plan amendments must go through the same process as for approval of the land use plan (Section 7.1). The requirements for an amendment therefore include: • A published notice, made available by radio and postings in the Athabasca region, inviting interested persons to examine the proposed amendment; • Public hearings in relation to the proposed amendment (at the discretion of the Panel , or subsequent management structure); • Submission and approval of the proposed amendment by the signatories to The Agreement .
The above process is demanding, and suggests that there will not be frequent amendments to the land use plan. However, an amendment may be considered at any time to address:
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• changes in land, water, wildlife or resource information; • an unconsidered land, water, wildlife or resource use; • concerns of Athabasca communities; • more specific management direction from other Athabasca or government groups; • changes in the socio-economic situation of the Athabasca region.
7.5 Dispute resolution
Upon its establishment, the AMS should develop procedures to resolve disputes that may arise in the implementation of this land use plan. Interim dispute resolution procedures will be considered, including:
1. A comprehensive dispute resolution system will have two components: the first preventative; and the second focused on the resolution of specific concerns; 2. Initial preventative features include: emphasis on clear language in documents; focus on interests and listening and understanding; 3. Recognition of the unique interest, characteristics, circumstances and financial capacity of local residents; 4. Resolution will begin with non-adversarial processes such as interest-based negotiation, facilitated dialogue and mediation; 5. Where disputes that cannot be resolved by the above means relate to provincial Crown lands, the Minister will be the final step in the dispute resolution process. Where disputes relate to Reserve lands, the Chiefs and Councils, for areas within their authority, will be the final step.
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7.6 Next steps
Once the recommendations in this Stage 1 plan are implemented, the development freeze can be lifted and the AMS can manage the Stage 1 planning area. Where detailed solutions were not developed, the Panel outlined a process to address the issue in the future. However, with substantial meeting time lost due to government budget cutbacks, the Panel was unable to discuss and address all issues that have the potential to cause future land use conflicts.
Reviewers of this draft document are encouraged to note things that are missing, and tasks that should be considered a priority for Stage 2 planning. Some suggestions are:
• Develop protected area recommendations for the entire Athabasca region as per Section 5.2.1 • Prepare an implementation plan, as described earlier in this section; • Zoning and policy guidelines for recreational cabin and cottage subdivision proposals in the planning area; • Cultural site protection (buffers, process for accessing detailed map and database information, finding out unmapped sites in areas of new development proposals) as specified in Section 4.2.2; • Recommendations to control the areas developed for service centres and tourism access points as specified in Section 5.2.3.
7.6.1 Research and inventory priorities • Map existing trails in the region to enable better environmental planning and management. Satellite imagery could be shared between industry and the AMS to assist in this; • Complete a forest inventory for the region) to allow more accurate habitat modelling and better forest ecosystem management. The current inventory for the area is based on large-scale satellite imagery that has undergone an initial computer-generated classification; • Continue TLUO research, building on the baseline 2001-02 data with future mapping of things such as travel routes, critical habitat, traditional ecological knowledge and monitoring work such as the BQCMB is doing in Nunavut; database construction for the 2001-02 research results; • Detailed geological information in areas of conflicting values to allow a more detailed mineral rating assessment, and possible zoning adjustments to reduce conflict between users.
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