Implementation Plan for the Sahtu Dene and Metis Comprehensive ...

ANNEX AProject 13 - 12:Project Manager:Participant/Liaison:Issuance of commercial licences for fishing in waters outside Sahtu landsDepartment of Fisheries and Oceans (DFO)Renewable Resources Board (Board)Obligations Addressed:13.7.3 (d) In the case of the commercial harvesting of fish in waters other than waters in (b):(i) government shall offer to participants for every licensing period after the date ofsettlement legislation and for each fishery a number of licences equal to the larger of(A) the number of licences held by participants at the date of settlement legislation whomet any minimum production requirements, and if there are no productionrequirements, who actually fished pursuant to a licence during the fishing seasonimmediately preceding the date of settlement legislation, and(B) the number of licences held by participants at the date of settlement legislation whomet any minimum production requirements, and if there are no productionrequirements, who actually fished pursuant to a licence during the fishing seasontwo seasons immediately preceding the date of settlement legislation;(ii) government shall first offer the licences described in (i) to participants who, in thefishery for which the licence is offered, met any minimum production requirements, andif there are no production requirements, who actually fished pursuant to a licence, inboth or either of the two immediately preceding fishing seasons; and second, to theSTC;(iii) subject to (iv), the Sahtu Tribal Council shall have the right of first refusal, for eachfishery, to one half of any licences which are new, not renewed or not re-issued to theprevious holder;(iv) the right provided in (iii) shall not apply for any fishing season for any fishery in respectof which participants and the Sahtu Tribal Council together have been offered or issuedat least 50 percent of the licences for that fishing season for that fishery; and(v) after the participants have been offered or have taken up licences pursuant to (i) or (iii),participants shall be treated on the same basis as other licence applicants in respect ofa particular fishery.Referenced Clauses: 13.7.3(6)ACTIVITIES RESPONSIBILITY TIMING GUIDELINES(in sequence)1. Effective the date of settlement legislation, DFO after settlementno new commercial licences issued for anylegislationfishery in waters outside of Sahtu lands until alimit on the number of licences is established2. Review the matter of the limit of commercial Board within 9 months offishing licences and recommend to thesettlement legislationMinister the number of licences that shouldbe established for each fishery in watersoutside Sahtu lands3. If the Board does not recommend a limit for Minister, DFO 9 months afterthe number of licences for each fishery withinsettlement legislationnine months of settlement legislation, theMinister will immediately make an interimdecision pursuant to clause 13.8.35 establishingSAHTU IMPLEMENTATION PLAN 60