Algonquins of Barriere Lake Wanapitei PresentationSept 25 09

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Presentation on the history and purpose of the 1991 Trilateral Agreement & 1998 Bilateral Agreement

Transcript of Algonquins of Barriere Lake Wanapitei PresentationSept 25 09

  • Algonquins of Barriere LakePresentation to

    Wanapitei Colloquium

    Presented by Jean Maurice Matchewan, Algonquins of

    Barriere Lake & Russell Diabo, ABL Policy Advisor

    September 25, 2009

  • OverviewOverview of Algonquins of Barriere Lake1991 Trilateral Agreement1998 Bilateral AgreementCiaccia-Lincoln Joint RecommendationsConclusions

  • Algonquins of Barriere Lake The Rapid Lake Reserve was established in 1961 under

    the provincial Lands and Forestry Act. It is a semi-isolated 59-acre reserve (7 km from Hwy.

    117) located in LaVrendrye Wildlife Reserve, 134 km north of Maniwaki, Qubec on the shore of the Cabonga Reservoir.

    Approximately 450 of their members live within the traditional territory. Barriere Lake is a traditional First Nation community where Algonquin is the first language. Also spoken are English and French. The Algonquins of Barriere Lake operate under a governance code based on custom.

  • Algonquins of Barriere Lake

  • Algonquins of Barriere Lake

  • Algonquins of Barriere Lake

  • Algonquins of Barriere Lake

  • Algonquins of Barriere Lake

  • Algonquins of Barriere Lake

  • Algonquins of Barriere Lake

  • Algonquins of Barriere Lake

  • Algonquins of Barriere Lake

  • Algonquins of Barriere lake

  • The Barriere Lake Trilateral Agreement

    Algonquins of Barriere Lake, Gouvernement du Qubec,

    Government of Canada

  • Trilateral Agreement Territory: Location

    MITCHIKANIBIKOK INIK

    Quebec

    Trilateral AgreementTerritory

    Rapid LakeCommunity

    La VerendryeWildlife Reserve

    Boundary

  • Agreement Objectives To develop for implementation, a draft ecosystem-

    based Integrated Resource Management Plan (IRMP) with a commitment to the principles of sustainable development, conservation, protection of the traditional way of life of the Algonquins, & versatile resource use.

    To reconcile forestry operations and sports hunting and fishing with the environmental concerns & traditional way-of-life of the Algonquins of Barriere Lake.

    MITCHIKANIBIKOK INIK

  • Guiding Principles

    Continuation of the traditional way-of-life Sustainable Development Conservation Versatile Use Adaptive Ecosystem-Based Management

    MITCHIKANIBIKOK INIK

  • Phases of the Trilateral Agreement

    Phase I: the collection, inventory, study and analysis of data respecting renewable resources & their uses on the territory

    Phase II: preparation of a draft IRMP Phase III: formulation of recommendations

    regarding draft IRMP implementation

    MITCHIKANIBIKOK INIK

  • Phase I Activities

    Indigenous Knowledge Program Natural Resources & Sustainable Development

    Program Economic/Social Development Program Measures to Harmonize Forestry Activities with

    the traditional activities of the Algonquins

  • Logical Framework

    Traditional EcologicalKnowledgeSocial CustomsToponymyABL-FECSensitive Area MappingMeasures to HarmonizeElders Field Trip

    Projects:

    PROGRAMINDIGENOUS KNOWLEDGE

    Data CompilationDigitization of EcoforestryDataCut Plan Map DigitizationSynthetic Map ProductionBuffer Zone Study

    Sub-Program: FORESTRYProjects:

    Aerial Moose InventoryWildlife Data CompilationHabitat Supply Analysis& ModelingABL Harvest StudyMoose ManagementStrategy

    Sub-Program: WILDLIFEProjects:

    PROGRAMSUSTAINABLE DEVELOPMENT

    OF NATURAL RESOURCES

    Regional Socio-EconomicStudyABL Socio-Economic StudyLegal Framework Study

    Projects:

    PROGRAMECONOMIC/SOCIAL

    DEVELOPMENT

    TRILATERAL AGREEMENT

    MITCHIKANIBIKOK INIK

  • Indigenous Knowledge Program To document Algonquin ecological & social

    knowledge for incorporation into the IRMP, & thereby facilitate harmonization of Algonquin & non-Algonquin land-use regimes consistent with the interest of the Algonquins of Barriere Lake.

    MITCHIKANIBIKOK INIK

  • MITCHIKANIBIKOK INIK SAS Mapping

    WoodOccupancy

    Moose YardsSpawning Areas

    Sacred Areas

    Burial SitesTobaccoMedicinal Plants

    Sugar BushRoots

    LEGEND

  • Algonquin Toponymy

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    Toponym Site

    HydrographyRoads

    LEGEND

  • Big Game KillsMITCHIKANIBIKOK INIK

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    LEGEND

  • Areas of Concern Management Strategy

    ABL Areas of Concern (SAS)

    Algonquin traditional occupancy and use sites documented during Phase I -Strategies & Prescriptions developed by IRMP Technical Team in consultation with ABL for Phase II IRMP planning.

    Ministry of Natural Resources, Wildlife and Parks Guidelines & Land Affectation

    Quebec Forest Act

  • FAPAQ & MRN Affectation Zones

  • ABL Areas of Concern (SAS)

  • ABL Areas of Concern (TMA 1)VALUE NO. &/OR

    AREA (ha)PRESCRIPTION

    Burial Sites 4 No forestry operations within AoCAbsolute buffer of 60m

    Ceremonial Sites

    1 No forestry operations within AoCAbsolute buffer of 100mRestriction on forest operations in area during gatheringsViewshed analysis as required

    Heritage Sites

    1 Absolute buffer of 60mModified harvest within 400 m; harvest strategies determined through consultations with ABL

    Occupancy Sites

    12 permanent19 tent sites

    5-yr harvest exclusion buffer of 2km around permanent sites5-yr harvest exclusion buffer of 5km around settlements (5+ cabins)Absolute buffer of 60m

  • ABL Areas of Concern (cont.)TMA 1

    VALUE NO. &/OR AREA (ha)

    PRESCRIPTION

    Sacred Areas

    5 431 ha No forestry operations within AoCAbsolute buffer of 60mVisibility analysis where required

    Spring Water

    6 Harvest exclusionAbsolute buffer of 60m

    Medicinal Plant Collection

    23 556 ha Measures to Harmonize as requiredMaintain 560 ha of Algonquin designated collection areas throughout 20-year planning period

    Root Collection

    597 ha Maintain 597 ha of Algonquin designated collection areas throughout 20-year planning period

    Specialty Woods

    23 2,211 ha

    Measures to Harmonize for specific sitesMaintain 1,434 ha of Algonquin designated collection areas throughout 20-year period

  • ABL Areas of Concern (cont.)TMA 1

    VALUE NO. &/OR AREA (ha)

    PRESCRIPTION

    Sugar Bushes

    480 ha Measures to Harmonize as requiredMaintain 480 ha of Algonquin designated sugar bushes for 20-year planning period

    Travel Routes & Portages

    Measures to Harmonize as requiredHarvest exclusion at ends of all portages Viewscape planning as required

    Bear Dens 10 Manage according to bear management strategy based on home range size (35km2)Harvest restrictions (60m no cut buffer) when cubs are at den (November-April)Case by case assessment for new dens encountered

  • ABL Areas of Concern (cont.)TMA 1

    VALUE NO. &/OR AREA (ha)

    PRESCRIPTION

    Spawning Sites

    30 60 m wide buffer extending upstream & downstream along shoreline for 50 mAbsolute buffer of 10 m from shorelinePartial cutting in remaining 50 m up to 1/3 of basal area

    Bald Eagle Habitat

    6 nests Concentric absolute buffer of 300mNesting season zone of protection (no harvest) of 400m beyond absolute bufferHarvesting in zone of protection outside of nesting season permits removal of up to 30% of basal area within 10 year periodMaintenance of at least 3 super canopy trees per 650 m of shoreline within 300 m of eagle lakes100m reserve around nests used within the last 5 years Avoid location of roads or landings in the AoC

  • ABL Areas of Concern (cont.)TMA 1

    VALUE NO. &/OR AREA (ha)

    PRESCRIPTION

    Heron Rookeries

    1 Absolute buffer of 200m Restricted forest operations within 200-500m of absolute buffer periphery for nesting period (April-July)

    Cedar Ecosites

    3 22.3 ha Special management areaMeasures to Harmonize as required

    Moose HuntingAreas

    No cutting on islands

  • Provisional Measures Sensitive Area Study (SAS); identification of

    sensitive zones to be protected within cutting areas

    Measures to Harmonize (MTH) forestry operations with the Algonquin way-of-life

    MITCHIKANIBIKOK INIK

  • Measures to HarmonizeMITCHIKANIBIKOK INIK

    Harvest ZoneHarvest ExclusionZone Requiring Measures to HarmonizeHydrographyEcoforestry PolygonPlanned Roads

    LEGEND

  • Sustainable Development of Natural Resources

    To obtain & utilize the highest quality forestry & wildlife data in the development of a sustainable adaptive management strategy for the renewable resources of the Trilateral Agreement Territory (TAT).

    MITCHIKANIBIKOK INIK

  • Modeling Forest GrowthMITCHIKANIBIKOK INIK

    20-40 years40-60 years60-80 years80-100 years100+ yearsYoungOld

    LEGENDPRESENT AGE CLASS FUTURE AGE CLASS

  • Habitat Suitability: MooseMITCHIKANIBIKOK INIK

    SUMMER EARLYWINTER

    LATEWINTER

    Medium Suitability

    Null Suitability

    High Suitability

    Low Suitability

    HABITAT CLASSIFICATION

  • Economic/Social Development Program

    To profile & analyze Algonquin & non-Algonquin local & regional socio-economic activities & the legal frameworks which govern them, facilitating the selection of sustainable resource management alternatives consistent with the interests of the Algonquins of Barriere Lake.

    MITCHIKANIBIKOK INIK

  • Context: Forestry in the TAT

    TAT area: 10,900 km2

    No. Common Areas (CAAFs): 7 Area occupied by CAAFs: 9,188 km2

    No. CAAF beneficiaries: 36 Gross merchantable volume (all species): 77,025,340 m3

    AAC (all species): 1,289,687 m3

    MITCHIKANIBIKOK INIK

  • Economic Value of Activities in the TAT(1994 Data)

    MITCHIKANIBIKOK INIK

    Type of Activity

    Value (1994) Person-Years

    Employment (1994)

    Actual Value in 10 Years

    Average Annual Person Years

    Forestry $33,384,140 146.56 $328,373,448 212.20

    Tourism $4,541,692 61.55 $32,815,059 65.21

    Services $3,082,508 25.50 $24,202,151 29.75

    Recreation $15,526,201 n.a. $112,009,121 n.a.

    Total $56,534,540 233.61 $497,399,779 307.16

  • Phase II Activities

    Preparation of 5 Wildlife Management Plans (Moose, Black Bear, Furbearers, Small Game, Fish)

    Preparation of Draft Forest Management Plans for 7 Traditional Management Areas (TMAs)

  • Traditional Management Areas

  • Benchmark Scenarios

    1) Unrestricted Harvest (All Eligible Harvest Area is available for harvest)

    2) Quebec Forest Act Applied3) Quebec Forest Act & TAT Area of Concern Strategies Applied4) Quebec Forest Act & Enhanced TAT Area of Concern Strategies

    Applied5) Conservation Suitability Analysis Areas (Top 12% and 8% CSA

    Areas removed from EHA)

    * Scenarios were not developed for uneven-age management regimes as uneven-age strategies are viewed as less intrusive by the ABL.

  • Scenario Modeling / Negotiation Support In cooperation with Quebec our planning team is developing a

    computer model to predict future wood supply under various management scenarios. This model will assist and support negotiations for the implementation of the IRMP by predicting the future forest condition expected to result from the implementation of each strategy and test each strategy for its ability to ensure forest sustainability while ensuring the continuance of the Algonquin traditional activities over time.

  • 1998 Bilateral AgreementSection 7 (1) The parties agree to immediately enter

    into negociations respecting the following subjects:

    a) identification of an area of land for the exclusive use of the community of Mitchikanibikok to meet the basic needs for community dwellings and community infrastructures, it being understood that this does not engage the government of Quebec in the financing of infrastructures and activities which are the responsabilities of the federal government;

  • 1998 Bilateral Agreement (Cont.)

    b) participation in economic spin-offs according to models to be defined (for instance partnerships, economic benefits, resources revenue sharing, access to resources, etc.);

    c) participation in management and sustainable development of resources;

    d) electrification of the community; and e) economic development of Mitchikanibikok

    including potentially hydro-electric projects.

  • ABL-Quebec SR Recommendations

    Recognition of the Trilateral Agreement Territory as a Special Management Zone.

    That Forestry Management Plans be Approved as Frameworks for the Ongoing Management of Forestry Resources.

    That Wildlife Management Plans & Issues be Negotiated.

    That a joint Qubec-ABL Co-Management Committee be Instituted and Mandated to Oversee the Implementation of the IRMP.

  • ABL-Quebec SR Recommendations

    Revenue-Sharing: That Quebec provide an annual financial contribution, increased annually linked to level of natural resource exploitation.

    Expansion of the Land-Base: Around existing Reserve.

    Electrification of Rapid Lake Reserve: By Hydro-Quebec.

    Without Prejudice to Aboriginal-Treaty Rights.

  • Next StepsPhase III: The development of detailed recommendations for

    the implementation of the IRMP (Forests & Wildlife)

    Negotiations with Quebec government regarding SR Global Recommendations.

    Re-engage Federal Government in the Trilateral Process (Federal Government unilaterally withdrew from the Agreement in 2001).

  • Natural Resource Co-Management

    MITCHIKANIBIKOK INIK

    Exclusion Inclusion

    ALGONQUINS OF BARRIERE LAKE

  • 5. ACTS

  • Conclusion If First Nations are to benefit from the legal

    entitlements set out in the recent Haida, Takuand Delgamuukw decisions. Then organization, skill, knowledge and information will be key to matching Crown and industry capacity.

    Bands and Tribal Councils will have to sort out their respective roles and responsibilities in the short, medium and long term.

  • Conclusion There is a burden of proof on First Nations to identify

    and assert their rights and interests until Aboriginal title is resolved. The Chief and Councils as elected officials are primarily responsible for ensuring that a community does due diligence and makes best efforts towards ensuring consultation and accommodation takes place regarding natural resource developments taking place on Traditional Territory, pending the resolution of Aboriginal Title. This means involving the community membership in the consultation-accommodation process.

    Algonquins of Barriere LakePresentation to Wanapitei ColloquiumOverviewSlide Number 3Algonquins of Barriere LakeAlgonquins of Barriere LakeAlgonquins of Barriere LakeAlgonquins of Barriere LakeAlgonquins of Barriere LakeAlgonquins of Barriere LakeAlgonquins of Barriere LakeAlgonquins of Barriere LakeAlgonquins of Barriere LakeAlgonquins of Barriere LakeAlgonquins of Barriere lakeThe Barriere Lake Trilateral AgreementTrilateral Agreement Territory: LocationAgreement ObjectivesGuiding PrinciplesPhases of the Trilateral AgreementPhase I ActivitiesLogical FrameworkIndigenous Knowledge ProgramSAS MappingAlgonquin ToponymyBig Game KillsAreas of Concern Management StrategyFAPAQ & MRN Affectation ZonesABL Areas of Concern (SAS)ABL Areas of Concern (TMA 1)ABL Areas of Concern (cont.)TMA 1ABL Areas of Concern (cont.)TMA 1ABL Areas of Concern (cont.)TMA 1ABL Areas of Concern (cont.)TMA 1Provisional MeasuresMeasures to HarmonizeSustainable Development of Natural ResourcesModeling Forest GrowthHabitat Suitability: MooseEconomic/Social Development ProgramContext: Forestry in the TATEconomic Value of Activities in the TAT(1994 Data)Phase II ActivitiesTraditional Management AreasBenchmark ScenariosScenario Modeling / Negotiation Support1998 Bilateral Agreement1998 Bilateral Agreement (Cont.)ABL-Quebec SR RecommendationsABL-Quebec SR RecommendationsNext StepsNatural Resource Co-Management5. ACTSConclusionConclusion