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

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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
ANNEX Asuch a limit for each fishery in watersother than those overlying Sahtu lands4 Offer to the participants for every licensing DFO after establishment ofperiod and for every fishery a number oflimit on number oflicences equal to the larger of the number oflicenceslicences held by participants at the date ofsettlement legislation who met any minimumproduction requirements, and if there are noproduction requirements, who actually fishedpursuant to a licence during the fishing seasonimmediately preceding the date of settlementlegislation, and during the fishing season twoseasons immediately preceding the date ofsettlement legislation5. First offer the licences described in 4 to DFOparticipants, as set out in 13.7.3(d)(ii), andsecond, to the STC6. During any fishing season for any fishery DFOwhere participants and the STC together havenot been offered or issued at least 50 % of thelicences, the STC shall have the right of firstrefusal, for each fishery, to 50 % of anylicences which are new, not renewed or not reissued to the previous holder, subject to13.7.3(d)(iv) and 13.7.3(d)(v)Legislative/Regulatory Amendments:- Possible regulatory amendmentPlanning Assumptions:- "New" licence means a licence issued to a person who had not held a licence for that particularfishery during either of the two full previous licensing periods. A license period is April 1 to March 31.Therefore, for example, if settlement legislation is adopted in October 1993 the two full previouslicensing periods would be 1991-92 and 1992-93.- The "freeze" on the issuance of new licences will be in effect between the date of settlementlegislation and the establishment of a limit on the number of licences for a fishery, whether after arecommendation by the Board or by an interim decision of the Minister.- It is assumed that when considering the limit of the number of licences the Board will consider anumber of factors including, but not limited to, the number of licences held in previous years, quotasize, economic viability, and conservation.SAHTU IMPLEMENTATION PLAN 61
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IMPLEMENTATION PLANFOR THESAHTU DEN
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TABLE OF CONTENTSIMPLEMENTATION 1AN
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Project 14 - 1 Licences for the com
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Project 23 - 5 Establishment of a n
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IMPLEMENTATION PLANFOR THESAHTU DEN
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4.2 Recognizing that years 1 to 10
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SAHTU IMPLEMENTATION PLAN 5
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ANNEX AACTIVITY SHEETSFOR THE IMPLE
Page 17 and 18: ANNEX AProject 3 - 2:Project Manage
Page 23 and 24: ANNEX A- The detailed cost workshee
Page 25 and 26: ANNEX ACOST WORKSHEET NOTESEnrolmen
Page 29 and 30: ANNEX A8. Establish operating proce
Page 31 and 32: ANNEX ACOST WORKSHEET NOTESArbitrat
Page 39 and 40: ANNEX AProject 10 - 1:Project Manag
Page 45 and 46: ANNEX Afinancial assistance; provis
Page 53 and 54: ANNEX A4. Give full and fair consid
Page 57 and 58: ANNEX AProject 13 - 4:Settlement Ar
Page 59 and 60: ANNEX AProject: SETTLEMENT AREA HAR
Page 67: ANNEX AProject 13 - 11:Project Mana
Page 71 and 72: ANNEX AProject 13 - 14:Project Mana
Page 73 and 74: ANNEX AProject: RENEWABLE RESOURCES
Page 79 and 80: ANNEX ACOST WORKSHEET NOTESRenewabl
Page 83 and 84: ANNEX AANNEX AProject 14 - 1:Projec
Page 89 and 90: ANNEX A- the proposed park will not
Page 91 and 92: ANNEX A8. Give written reasons for
Page 95 and 96: ANNEX A1993 Constant DollarsYear 4
Page 97 and 98: ANNEX A4. Review and respond to the
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ANNEX AProject 21 - 7:Project Manag
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ANNEX AProject 21 - 11:Participant/
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ANNEX AANNEX AProject 22 - 1:Projec
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ANNEX AProject 22 - 3:Participant/L
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ANNEX Amembers will be a nominee of
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ANNEX A- The Mackenzie Valley Resou
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ANNEX ACOST WORKSHEET NOTESLand Use
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ANNEX APlanning Assumptions:- The S
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ANNEX ACOST WORKSHEET NOTESLand and
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ANNEX AProject 26 - 10:Project Mana
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ANNEX A- When the Board receives no
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ANNEX AFunding:- As part of the ove
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ANNEX BFINANCIAL PAYMENTSSAHTU IMPL
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ANNEX BPART 3. TRAINING FOR SAHTU D
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ANNEX BPART 6. ANNUAL ADJUSTMENT6.1
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ANNEX CCOMMUNICATION AND INFORMATIO
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ANNEX CMedia (Native and Northern)M
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ANNEX DIMPLEMENTATION COMMITTEESAHT
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ANNEX D11. The Implementation Commi
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