Management Processes

14. (36) Within their respective jurisdictions, the Government s having responsibility for wildlife management shall determine the harvestable quotas for wildlife species based on the principles of conservation and the following procedures:

(a) the Wildlife Management Advisory Council (NWT) shall determine the total allowable harvest for game according to conservation criteria and such other factors as it considers appropriate. The Council shall make its recommendations to the appropriate minister, who shall, if he differs in opinion from the Council, set forth to the Council his reasons and afford the Council a further consideration of the matter;

(b) in determining the total allowable harvest, conservation shall be the only consideration. For greater certainty, where the Inuvialuit have the exclusive right to harvest , they shall be entitled to harvest the total allowable harvest;

(c) for the purposes of management and in order to protect the interest of the Inuvialuit harvesters, subsistence quotas for the wildlife referred to in paragraph (6)(a) shall be jointly established by the Inuvialuit and the Government s having jurisdiction over species or species groups of subsistence value, as follows:

(i) within the total allowable harvest for game , the Wildlife Management Advisory Council (NWT) shall determine the subsistence quotas according to the criteria and factors it considers appropriate in addition to those referred to in subparagraph (ii) . The Council shall make its recommendations to the appropriate minister who shall, if he differs in opinion from the Council, set forth to the Council his reasons and afford the Council a further consideration of the matter, and

(ii) in determining the subsistence quotas, the following criteria shall be taken into account by the Council or, where appropriate, the Porcupine Caribou Management Board , and the appropriate minister:

(A) the food and clothing requirements of the Inuvialuit ,

(B) the usage patterns and levels of harvest of the Inuvialuit ,

(C) the requirements for particular wildlife species for subsistence usage ,

(D) the availability of the wildlife populations to meet subsistence usage requirements including the availability of species from time to time.

(E) the projections for changes in wildlife populations, and

(F) the national and international obligations of Canada with respect to migratory game birds ;

(F) as amended by P.C. 2004-337, March 30, 2004

(d) the allocation of the Inuvialuit quotas amongst themselves shall be the responsibility of the Inuvialuit Game Council and Hunters and Trappers Committees [sic].

As amended by P.C. 2004-337, March 30, 2004

14. (37) Recognizing the present restrictions of the Migratory Birds Convention Act, Canada undertakes to explore means to permit the Inuvialuit to legally hunt migratory game birds in the spring. Canada undertakes, if and when implementing any amendments to that Act, to develop in consultation with the Inuvialuit through the Wildlife Management Advisory Council (NWT) appropriate subsistence harvest regulations.

14. (38) Canada undertakes to endeavour to obtain changes to other international conventions and arrangements and to explore other alternatives in order to achieve greater flexibility in the use of wildlife resources by the Inuvialuit . Canada undertakes to consult the Inuvialuit Game Council prior to any new international agreements that might affect the harvesting of wildlife in the Inuvialuit Settlement Region .

14. (39) Canada undertakes to ensure that wildlife management and habitat management produce an integrated result with respect to migratory species within the Yukon Territory, the Northwest Territories and the adjacent offshore. In respect of migratory species that cross international boundaries, such as the Porcupine Caribou herd, Canada shall endeavour to include the countries concerned in COPE rative management agreements and arrangements designed to maintain acceptable wildlife populations in all jurisdictions affected, including safe harvesting levels within each jurisdiction. Canada shall endeavour to have included in any such agreements provisions respecting joint research objectives and related matters respecting the control of access to wildlife populations.

14. (40) The principles of caribou herd management, as generally expressed in Inuvialuit Nunangat, are accepted and in furtherance of those principles Canada shall endeavour to enter into agreements with all jurisdictions where lands support the herds and the caribou are harvested for subsistence. Canada shall endeavour to involve the native people who traditionally harvest caribou for subsistence in the formulation of such agreements and in the management of the caribou.

14. (41) Canada shall, in COPE ration with other jurisdictions, implement the Porcupine Caribou Management Agreement set out in Annex L

14. (42) The Inuvialuit shall have first priority in the Western Arctic Region for guiding, outfitting or other commercial activities related to wildlife as authorized by Government s from time to time.

14. (43) The preferential treatment received by the Inuvialuit shall not prejudice or affect the right or ability of any other native group to obtain like or more favourable treatment under its land claim Settlement or other agreement and until such Settlement or agreement, the priority given the Inuvialuit by subsection (42) shall not apply so as to favour the Inuvialuit over any other native group in the Western Arctic Region .

14. (44) If any other native group is granted preferential economic treatment affecting the Western Arctic Region , the Inuvialuit shall be granted preferential treatment in that other native group’s region to the same effect and extent and shall be treated no less favourably in the Western Arctic Region than that other native group.