Battle for the Rupert 

 

 

    NEWS INDEX
 

.

Giving away the river 10/29/01

  .

Commentary: Crees surrender their great river Rupert

  . Commentary: 25 years of force-fed acculturation
  .

Cree deal a model or betrayal? 12/10/01

  .

$3.6 billion deal unraveling 12/10/01

  . Hydro Quebec's hidden agenda 12/15/01
  . Cree leaders may have deal in a week 12/19/01
  .

Grand Chief Moses Quebec's hero 12/19/01

 

  DEFINITIONS
 

AIP  Agreement in Principle signed on the Rupert River, Oct. 23/01

 

CRA  Cree Regional Authority, the administrative government

 

Eeyou Istchee  Cree homeland. Meaning:  People's Land

 

Eeyouch  Cree people

 

GCCEI   Grand Council of the Crees, governing body of Cree Nation whose members are chiefs of the nine communities

 

JBNQA James Bay and Northern Quebec Agreement (1975), the first agreement

 

NBR   Nottaway-Broadback

-Rupert Project, to be phase III of James Bay Project

 

 

 

 

Full text 

Agreement in Principle

Draft - October 21, 2001

BETWEEN

The Government of Québec, represented here by the Prime Minister of Quebec, Mr. Bernard Landry, the Minister for Native Affairs, Mr. Guy Chevrette and the Minister of Natural Resources, Mr. Jacques Brassard, herein designated “Quebec”

AND

The Crees of Quebec acting through the Grand Council of the Crees (Eeyou Istchee) and the Cree Regional Authority, represented here by Mr. Ted Moses, Grand Chief and President respectively, and by Mr. Edward Gilpin, Chief of the Band Council of Eastmain and by Mr. Paul Gull, Chief of the Band Council of Waswanipi hereinafter referred to as “the Crees”.

WHEREAS the parties wish to enter into a nation-to-nation agreement which will strengthen political, economic and social relations between Québec and the Crees, and which will be characterized by cooperation, partnership and mutual respect, while remaining based on the respective commitments of the parties under the James Bay and Northern Québec Agreement (JBNQA);

WHEREAS this agreement, concerning a global approach in favor of greater autonomy and greater responsibility on the part of the Crees for their development, will make possible an active and on-going participation by the Crees in economic development activities on the James Bay territory;

WHEREAS this agreement will be based on a development model which relies on the principles of sustainable development, partnership and respect for the traditional way of life of the Crees, as well as on a long-term economic development strategy, principles which are in conformity with the provisions of the JBNQA;

WHEREAS this agreement will promote the emergence of a Cree expertise in the field of economic development, job creation, and economic spin-offs for the Crees and the population of Québec in general;

WHEREAS this agreement does not contemplate and does not affect the obligations of Canada towards the Crees stipulated, among other, in the JBNQA;

WHEREAS the parties agree that the schedules and preamble form an integral part of this agreement.

THE PARTIES AGREE TO THE FOLLOWING:

1.            Context

Both the Cree Nation and the Québec Nation agree to place emphasis in their relations on those aspects that unite them as well as on their common desire to continue the development of Northern Québec and the self-fulfillment of the Cree nation. The Cree Nation must continue to benefit from its rich cultural heritage, its language and its traditional way of life in a context of growing modernization.

This agreement makes it possible to mark an important stage in a new nation-to-nation relationship, one that is open, respectful of the other community and that promotes a greater responsibility on the part of the Cree Nation for its own development within the context of greater autonomy.

2.   Purposes of the agreement

This agreement has the following purposes:

The establishment of a new nation-to-nation relationship, based on the common will of the parties to continue the development of the James Bay territory and to seek the flourishing of the Crees within a context of growing modernization.

The assumption of greater responsibility on the part of the Cree Nation in relation to its economic and community development and, in so doing, the achievement of increased autonomy with a greater capacity to respond, in partnership with Québec, to the needs of the Cree population.

The settlement, with discharges identified in the agreement, for the period of the application of the agreement, of all the questions pertaining to the responsibilities of Québec in the agreement concerning:

- the development of mining, forestry and hydroelectric resources on the James Bay territory;

- the provisions pertaining to the economic and community development of the Crees found in the JBNQA and in the complementary agreements, including those dealing with the nature, scope and implementation of Québec’s commitments in this respect.

The definitive settlement or withdrawal of the legal proceedings opposing the Crees and Québec in accordance with the provisions of the present agreement.

The consent of the Crees to the carrying out of the Eastmain  hydroelectric project and the Rupert River diversion project.

 3.            Development of natural resources

 3.1            Forestry

·              The parties agree to apply on the territory stipulated in Section 22 of the JBNQA (section 133 of the Environment Quality Act, R.S.Q., c. Q-2), the Québec forestry regime in a manner that allows:

-         adaptations to better take into account the Cree traditional way of life;

-         greater integration of concerns relating to sustainable development;

-         participation, in the form of consultation, by the Crees in the various forestry operations planning and management processes. 

·              These adaptations, this integration and this participation are described in greater detail in Schedule A.

·              The parties agree to create a Cree-Quebec Forestry Board in order to allow close consultations with the Cree at the various planning and management stages of forestry operations.

3.2            Hydroelectricity and mines

·              Hydroelectric and mining development projects will continue to be subject to the applicable environmental legislation and to the environmental and social protection regime stipulated in Section 22 of the JBNQA according to the terms of that section.

·              Quebec will facilitate and encourage that specific hydroelectric and mining development projects be the subject of agreements with the Crees in relation to remedial measures, employment and contracts.

·              In the specific cases of the Eastmain hydroelectric project and the diversion of the Rupert River, the May 2001 proposal of Hydro-Québec concerning remedial works, employment and contracts will apply as the projects are carried out. Moreover, Hydro-Quebec will assume the costs of all the remedial works required under government authorizations for these projects.

4.                  Economic and community development

           The provisions relating to Québec in the sections, sub-sections and paragraphs of the JBNQA and ensuing from existing agreements which concern the economic and community development of the Crees will be assumed by the Crees, and funded and implemented in accordance with the provisions of the final agreement.

·      Thus, effective April 1, 2002, the commitments of Québec, Hydro-Québec, the James Bay Energy Corporation and the James Bay Development Corporation with respect to the Crees which pertain to economic and community development and which ensue from the following provisions of the JBNQA, will be assumed by the Crees: (The list of provisions must be reviewed and completed marginally)

-   Economic development

28.5 and 24.3.24: Cree Trappers’ Association (operation and programs);

28.6: Cree Outfitting and Tourism Association (operation);

28.7: Cree Native Arts and Crafts Association (operation and programs);

28.11.2 a): one economic development agent per community;

28.12: assistance to Cree entrepreneurs.

- Community Development

8.7:  permanent water supply at Eastmain (JBEC) (subject to the final acceptance of the existing water supply system by Eastmain);

8.8.2: supply of electricity to isolated northern communities (Hydro-Québec) (Waskaganish and Whapmagoostui) subject to the maintaining of current arrangements as to the supply of electricity and subject to the connection to the Hydro-Québec network of Waskaganish within five (5) years and of Whapmagoostui as soon as possible;

8.14.2: encouragement of training programs for the Crees (JBEC and HQ);

8.14.3: study of the implementation of a training program for the Crees (JBEC and HQ);

28.9.1, 28.9.2, 28.9.5: training programs or facilities, offices, job recruitment and placement services;

28.11.1 a): community centre in each Cree community;

28.11.1 b): essential sanitation services in communities;

28.11.1 c): fire protection including training, equipment and facilities;

28.11.2 b): community affairs services;

28.14: assistance for friendship centres outside communities;

28.16: construction of access roads for Eastmain, Wemindji and Waskaganish (but not the maintenance of these roads).

The negotiation protocol of May 23, 1995 and the Implementation agreement of March 27, 1998, including the ensuing funding agreements, will be completed, as agreed upon between the parties, with respect to components 1 (economic and community development projects) and 2 (programs and services for the elderly or disabled persons). This component will be implemented within the framework of discussions under way between the MSSS and the Crees. Components 3 (application of economic development programs), 4 (natural resources) and 5 (regional institutions) are repealed.

The other provisions of the JBNQA and the existing agreements and the existing financial arrangements will continue to apply in the absence of indications to the contrary in this agreement. Thus, Québec will continue to fund for the Crees, pursuant to the provisions of the JBNQA, its share of the services and fixed assets stipulated in the JBNQA, including:

-         health care and social services;

-         education services;

-         income security programs, including the income security program for Cree hunters and trappers; 

-         public security and administration of justice;

-         the Hunting, Fishing and Trapping Coordinating Committee and environmental committees.

The parties agree to allow the definitive settlement of the transfer of lands between Oujé-Bougoumou and Mistissini and of the “Abel Bosum” proceedings in regard to Quebec. To this end, a sum of $40 million will, in accordance with past discussions, be earmarked by Québec for the settlement of this matter. In particular, the parties will have to resolve the Abel Bosum proceedings in regard to Quebec, the transfer of lands between Oujé-Bougoumou and Mistissini as well as the MOU of 1989 in favor of Mistissini which was related to this matter, and the Oujé-Bougoumou agreements of 1989 and 1994.

5.         Respective commitments of the parties

5.1       The commitments of Québec

Financial commitments

Québec will provide the Crees with an annual contribution for the duration of the agreement so that they can entirely assume, for the duration of the agreement, Québec’s responsibilities concerning the Crees under the JBNQA in the field of economic and community development.

The annual contribution will evolve in the following way for the first three years:

2002-2003:            $23 million

2003-2004:            $46 million

2004-2005:            $70 million

For the subsequent years, the $70 million contribution will be indexed according to a formula that will reflect the evolution of activity in the James Bay territory in the hydroelectricity, forestry and mining sectors. This formula is summarily described in Schedule B and will be detailed in the final agreement.

The annual contribution will be paid by Québec for a period of fifty (50) years beginning on April 1, 2002, and will not be subject to any form of taxation or levy by Québec. This annual contribution will be paid to the legal entities, which will be identified by the Crees in the final agreement.

For these purposes, the territory referred to will be that defined in subparagraph 22.1.6 of the JBNQA and the territories of the Mistissini and Whapmagoustui trapping areas located north of the 55th parallel as described in Schedule 1 of Section 24 of the JBNQA

Creation of the Cree Development Corporation

A Cree Development Corporation (hereinafter referred to as “CDC”) will be created and will have the following characteristics:

- autonomous corporation managed by a board of directors made up in the majority of Cree representatives;

-corporation dedicated to the economic and community development of the Crees.

The CDC will make it possible to provide the Crees with a modern development organization capable:

- of supporting the long-term development of each Cree community;

- of developing an original Cree expertise in the field of economic development and the management of development funds;

- of promoting and accelerating job creation for the Crees on the James Bay territory;

- of making the Crees active partners of Québec in the economic development of the James Bay territory.

The CDC will facilitate the establishment of partnerships between the Crees and Québec as well as with private enterprises in the carrying out of development activities on the James Bay territory.

Nature of CDC initiatives:

 - making of investments on a business basis (SGF or FTQ models);

- possibility of offering financial products deemed appropriate according to the projects (loans with or without guarantees, acquisitions of a financial interest, grants, etc.);

- possibility of earmarking a portion of its capital for the carrying out of social or community development projects such as housing (loans or grants).

The funding of the CDC will be ensured from the financial contribution of Québec in a proportion and for a duration determined by the Crees, as well as progressively, by the financial yields resulting from CDC activities.

Other commitments

Québec will maintain for the Crees access to regular programs, subject to the usual application criteria of these programs as provided for in paragraph 2.12 of the JBNQA.

Québec will instruct Hydro-Québec to proceed with the signing of the Agreement concerning employment for the Crees according to the terms already agreed upon between Hydro-Québec and the Crees.

Québec will instruct Hydro-Québec to renew the Agreement on Mercury and to set up a table with the Crees in order to resolve as soon as possible the disputes with the Crees concerning the implementation of past agreements with Hydro-Québec.

Québec will transfer to Chisasibi the lands designated as “block D” according to the terms to be agreed upon between the parties. These terms should in principle, be agreed between now and the signing of the final agreement.

 5.2      The commitments of the Crees

The Crees undertake to use the annual contribution paid by Québec for their economic and community development in accordance with the priorities and means that they will deem appropriate, including the possibility of creating a “Heritage Fund” and to support their traditional activities.

The Crees consent to the carrying out of the Eastmain hydroelectric project and the diversion of the Rupert River currently under study by Hydro-Québec.

Upon the signing of the final agreement, the Crees will give Québec a full and complete discharge, for the period of the agreement and of the funding provided hereunder, with respect to the implementation by Québec of the provisions of the JBNQA described in the second paragraph of section 4 of this agreement.

The Crees will henceforth assume for the duration of this agreement all the obligations of Québec described in the second paragraph of section 4 of this agreement in accordance with the applicable legislative and regulatory frameworks.

The provisions of Section 28 of the JBNQA concerning SODAB will be repealed, discharged and replaced by the relevant provisions of the final agreement. The assets will be transferred to the Cree Development Corporation.

Effective April 1, 2002, the Crees will assume an equal share with Quebec of the operating costs of the provincial environmental committees set out in the JBNQA, and this for the duration of this agreement and in accordance with financial arrangements to be agreed to from time to time.

Effective April 1, 2002, the funding of local Cree beneficiary registration services and of local environmental services under Québec’s responsibility will be assumed by the Crees for the duration of the agreement.

5.3       Joint commitments

Subject to the paragraphs that follow, upon the signing of the final agreement the Crees shall proceed with the discontinuance as against Quebec, without costs for either party, of the elements of their proceedings dealing with the implementation of the JBNQA by Québec and concerning the proceedings “Abel Bosum” pertaining to natural resources development. The Crees will also undertake not to institute other legal recourses against Québec with respect to the past implementation of the JBNQA by Québec.

With respect to the elements of their legal proceedings concerning the implementation by Québec of Sections 11B, 14, 18 and 19 of the JBNQA, (to be completed marginally), these proceedings will be suspended by the Crees and Québec for a three-year period to allow the parties to settle these disputes within the framework of the standing liaison committee or, where applicable, the dispute resolution mechanism provided for in the agreement

Specifically with respect to the legal proceedings concerning forestry, the Crees will offer the other parties involved in these proceedings a discontinuance of the proceedings without costs for any party. Québec agrees to facilitate such a discontinuance of proceedings without costs. Should a third party refuse a discontinuance of proceedings without costs, Québec and the Crees will jointly petition the court to declare these proceedings settled with respect to all parties, without costs for any of the parties.

The Crees will withdraw their appeal before the Supreme Court of Canada concerning the so-called “Tawich” case and will assume the resulting past fiscal financial liability.

The so-called “SOPFEU” proceedings will be settled as follows: all past monetary claims will be withdrawn and abandoned without legal costs for either party and the concerned Cree communities will contribute to the Sopfeu for their Category IB lands beginning as of April 1, 2002.

Québec will not appeal before the Supreme Court of Canada the so-called “Cree School Board” case and will not intervene in this case should Canada appeal it. The parties agree that the general funding framework of Cree education entitled “Funding Rules for Operations and Investments Grants: Terms of Reference for Purposes of the Approval of the Cree School Board Budget” will continue to be established according to the budgetary rules currently agreed to between them subject to the already agreed to discussions on the future funding of adult education.

The provisions of this agreement shall not affect the rights and recourses of the Crees and shall in no way affect the recourses of Cree individuals resulting from contaminants (such as mercury or other metals and substances) arising from the development of the James Bay territory.

6.              Implementation details

6.1            Tabling of annual reports

The legal entities to which annual contributions from Québec will be paid will have to submit to Québec, on an annual basis, in the six months following the close of each fiscal year ending on March 31st, an annual report and audited financial statements, describing their activities and the use of the funds. If these reports and financial statements are not submitted, Québec reserves the right to suspend subsequent payments, which however will be re-instituted retroactively, without interest, as soon as these reports and financial statements have been submitted.

6.2        Creation of a standing liaison committee

The parties agree to create a standing liaison committee, made up of an equal number of representatives designated by each party, to ensure  harmonious implementation of and efficient follow-up to the final agreement and to resolve other questions pertaining to the implementation of the JBNQA. The precise details concerning the composition, the mandate and the frequency of the meetings of the standing liaison committee will be agreed upon within the framework of the agreement.

6.3         Settlement of disputes

Generally, the parties will endeavor to avoid recourse to the judicial system  for the purposes of the interpretation and implementation of the final agreement as well as the implementation of the JBNQA..  To this end, the parties agree to put in place a dispute resolution mechanism to ensure that recourse to courts or other forums only occurs as a last resort.

6.4            Responsibilities of the Federal Government

The parties agree that this agreement does not contemplate and does not affect the obligations of Canada towards the Crees stipulated, among other, in the JBNQA.

6.5            Complementary agreement

The parties undertake by this agreement to prepare a complementary agreement to the JBNQA that will make it possible to ensure compatibility between the JBNQA and the final agreement. The laws of general or specific application will also be amended to ensure their coherency with the final agreement and the complementary agreement in those cases where it will be necessary to do so.

7.         Creation of an exchange table responsible for drafting a final agreement by the end of 2001

The parties agree to set up an exchange table made up of representatives of both parties and responsible for clarifying the principles established, agreeing on the modalities of application and drawing up for signature a project of final agreement, including its schedules, by the end of 2001.

The legal proceedings will be suspended with respect to the parties during this period to allow the parties to proceed with this final agreement in the new spirit of cooperation and mutual trust.

 

IN WITNESS WHEREOF, THE PARTIES HAVE SIGNED AT   Quebec city   ON THIS   23rd   DAY OF   October   2001:

For the Crees:

Ted Moses

Grand Chief of the Grand Council of the Crees (Eeyou Istchee)

President of the Cree Regional Authority

Edward Gulpin

Chief of the Band Council of Eastmain

Paul Gull

Chief of the Band Council of Waswanipi

For Québec:

Bernard Landry

Prime Minister

Guy Chevrette

Minister for Native Affairs

Jacques Brassard

Minister of Natural Resources


Schedule A

FORESTRY

Delimitation of territorial reference units and use of ecological data

In the territory covered by the agreement, traplines will be used as a basis for delimiting the territorial reference units (UTR). Given the current configuration of the common areas, however, some traplines may fall into more than one UTR. For the next general management plans, which will be configured on the basis of the new management units, the UTR boundaries will correspond to the boundaries of the traplines (one UTR per trapline).

The ecological data available for the designation of the biophysical components of those territories will be used as a basis for the technical analysis in order to guide the development of the management strategies to be favoured.

Determination of new management units

The calculation of the annual allowable forest harvest will be determined on the basis of the new management units, which will be made of groupings of traplines. These groupings will be determined in technical discussions carried out jointly by the parties. The proposal presently being studied and which requires validation concerns groupings of between three and seven traplines, with the possibility of modulations where justified.

3.         Sites of special interest to the Cree

3.1            Identification of sites of interest to the Cree

These sites of interests must be identified and mapped by the Cree themselves, in co-operation with the Ministère des Ressources naturelles. In most cases, the total area of those sites will not exceed 1% of the total area of a trapline. Specific standards and intervention norms for these sites of interests shall be agreed between the parties to satisfy the specific needs of the Cree users of these areas.

Specific intervention norms to be established for the mapped areas will be agreed upon by the parties to satisfy the specific needs of the Cree users of these territories.

3.2    Conservation of forested areas presenting wildlife interests for the Cree

Specific standards will be applied to maintain or improve the habitat of very important wildlife species (moose, marten, beaver and hare) and portions of each trapline will benefit of a specific protection for improving the level of harmonization between forestry management and traditional activities.

The location of those areas of special interest will be under the direct responsibility of the tallyman, in a spirit of co-operation with other stakeholders on the territory. The boundaries of those areas of special interest may be identified with the data already collected through “Cree land use” maps or on the basis of a new analysis, which will identify certain parts of particularly productive or intensively used watersheds. This management approach could be applicable to up to 25% of the productive forest area of each trapline.

In those areas, the planning of forest harvesting and management activities will be carried out with the objective to give priority to the establishment and maintaining of an appropriate diversity of ecoforest stands, be it in terms of forest species, age classes or areas. In the long term, this planning may provide a diversity of age classes similar to the structure of a “standard” forest. The current structure of those forests is not so diversified and this situation could remain the same for several decades. So it could be possible to rejuvenate certain stands through harvesting methods while maintaining productive wildlife habitats in those areas particularly interesting for Cree families.

The following guidelines will be applied in order to reach a better balance in the mid term:

·        maintain a 50% minimum of the productive forest areas with stands of more than 30 years, of which, at least 10% of forest older than 90 years;

·        harvest on the basis of mosaic cuttings only;

·        limit between 2% and 4% the annual percentage of harvesting admissible in those specific areas.

4.      Maintaining of forest cover after logging in the whole of each trapline

The following  measures will be taken to ensure the protection of a residual forest cover: 

Ø      Conservation, per trapline, of a minimum of 30% of the productive surface area composed of stands measuring more than 7 meters.

Ø      No logging will be permitted in traplines that have been logged or burnt over more than 40% of their productive surface area in the last 20 years.

Ø      Mosaic cutting with protection of regeneration and soils, up to 75% as of April 1st, 2004 (see definition of mosaic cutting in appendix i).

Ø      In sectors where cutting with separator strips (current RSFM) is carried out, the size of a single-block cutting area should always be less than 100 ha. In addition, 40% of the total logged area must be composed of blocks of less than 50 ha.

Ø      Modulate the annual level of authorized harvesting in each trapline according to the level of previous disturbances.

In the areas subject to a first phase of forest harvests, the traplines that have been disturbed less than 15% during the last 20 years could be subject to cuttings with protection of regeneration and soils up to a maximum annual rate of 8% of the productive forest area. This annual percentage would be reduced to 6% when the disturbed area is between 15% and 30%. This rate would fall to 4% annually when the level of disturbance is between 30% and 40%. In the areas subject to a second phase of harvests, the annual level of harvest would be reduced to between 2% and 5%.

Ø      Protect, when the situation allows, the tall regeneration.

Ø      Silvicultural practices would be used to favour the maintaining of diversified habitats, among other by avoiding the elimination of hardwood stands (see appendix ii).

Ø      Elaborate a distinct forest management approach for mixed stands.

5.            Protection of forests adjacent to watercourses

Generally speaking, water quality and fish habitats are protected by maintaining a 20 meters protective strip on each side of every permanent watercourse. The following proposal is made to address concerns relating to the maintaining of a variety of wildlife habitats near major rivers: along rivers more than 5 meters wide, to maintain a forest strip more than 200 meters wide along one of the banks. Wherever possible, cutting areas should be distributed alternately along the two banks of such rivers.

To preserve the aesthetic appearance of landscapes along the shores of large lakes (more than 10 sq. km.), only mosaic cutting will be permitted (if the Cree so wish) in forests visible from the lakeshores, up to a distance of 1.5 km.

6.      Development of the road access network

To facilitate the conciliation of the various uses of the territory, exchanges on the road network development plan must take place between the forest company and the tallyman responsible for the trapline.

Generally speaking, special attention should be given to limiting the number of road connections along the boundary between two traplines.

7.      Implementation mechanisms

The section of the agreement regarding forestry has the objective of implementing an adapted forestry regime, which will fix the particular rules and procedures applicable to the concerned territory in the pursuit of the objectives of taking into account and conciliating the hunting, fishing and trapping activities of the Crees with forestry activities.

 

The final agreement will provide two (2) levels of intervention: 

7.1      Cree-Quebec Forestry Board

The final agreement will provide for the creation of a Board composed, in addition to the president, with an equal number of representatives from the Cree and Québec. The president of the board will be appointed by the Government, under recommendation of the minister des Ressources naturelles. To insure that the Crees will participate in the choice of the president, the final agreement will provide that before recommending a president, the minister must submit the name of the proposed candidate to the Crees, who will have the right to refuse to agree to the appointment. However, after a third refusal by the Crees, the minister may, with no further consultation of the Crees, recommend to the Government the appointment of the president.

THE MANDATE

The main responsibilities of the Board will be:

Ø      Proceed to the monitoring, analysis and assessment of the implementation of the forestry section of the agreement, which aims at the setting up of an adapted forestry regime;

Ø      Recommend, as the case may be, adjustments or modifications to the forestry section of the agreement;

Ø      Bring to the attention of the minister des Ressources naturelles proposals, preoccupations, and comments related to laws, regulations, policies and programs related to forestry;

Ø      Follow up the implementation mechanisms for the Joint regional Cree-Quebec working groups (see section 7.2) regarding the elaboration, the consultations and the monitoring of the forest management plans;

Ø      Produce comments and considerations to the minister regarding the forest management plans before the approval of the said management plans.  The implementation modalities will be determined in the final agreement.

7.2       Joint regional Cree-Quebec working groups at the level of each concerned Cree community

These working groups, composed of representatives of the concerned Cree communities and MNR, will have the following mandate:

Ø      To integrate and implement the specific rules flowing from the forestry section of the agreement;

Ø      To elaborate, when required, harmonization measures flowing from technical provisions of the agreement;

Ø      To insure that all the pertinent and available data related to forestry will be available to each party;

Ø      To review conflictual uses in order to find solutions acceptable to the parties;

Ø      To discuss any technical issues including the acquisition of knowledge (data) considered necessary by the parties;

Ø      To insure the implementation of mechanisms for the elaboration of, consultations related to, and monitoring of forest management plans;

Ø      To adopt internal operating rules.

The representatives on these working groups will be appointed by each party.

7.3           Funding

Each party will be responsible for the costs of its representatives on the Cree-Quebec Forestry Board and the joint regional working groups.

8.   Access to forest resources

MNR will make available at the latest five years after the signing of the final agreement, 350,000 cubic meters of wood allocation, primarily by means of forest management agreements.

9.   The Territory of application

The previous provisions will be applicable on the territory defined in section 3.1 of the Agreement in principle.

Appendix i)

Mosaic cutting with protection of regeneration and soils 

A)    Definition

Cutting with protection of regeneration and soils carried out in such a way as to preserve an area of forest between two cutting areas that is at least equivalent in area to the stand harvested.

B)    Evaluation criteria

Given that the goal is to offer an alternative to the use of separator strips in a given area, logging operations must therefore be distributed so as to promote and maintain, both temporally and spatially, a set of blocks of different shapes and sizes. Thus:

a)                 For each logging sector identified in an annual forest management plan (AFMP), the residual stands to be preserved and those to be cut will be shown clearly on a map.

b)                 In the first phase, logging priority will be given to the most mature stands, in order to minimize timber losses.

c)                 The blocks harvested must vary in size.  At least 20% of the blocks must be less than 50 ha and at least 70% must be less than 100 ha.  No more than 30% of the blocks may be larger than 100 ha, and no block may exceed 150 ha.

d)                 The residual stands to be preserved must be located in priority in mixed forests, as they are relatively rare and play an important role as wildlife habitats. 

e)                 The forest to be preserved between two cutting areas must be at least equal in size to the area of the stand harvested (this equivalency may also be calculated for a set of stands located within an annual harvesting sector). 

f)                    The residual forest will be composed of productive forest stands more than 7 meters high (this will include many remaining stands of 12 meters high, in light of the present composition of the standing forest).

g)                 The residual forest between two cutting areas must be at least 200 meters wide  (long strips of unvarying width must be avoided).

h)                  The residual forest must be left standing for a period long enough to allow the new growth to achieve the required level of development (minimum 3 meters).

Appendix ii)

Maintaining of a forest cover in the whole of each trapline

A)            Hardwood component

As post-logging regrowth usually contains more hardwood trees than the original forest, a number of silvicultural treatments will therefore be carried out to release the coniferous growth.

In pre-commercial thinning and stand release operations, special attention will be given to the conservation of different habitats.  For example, it would be possible to:

Ø      Preserve a certain number of small fruit trees such as sorb and cherry trees,

Ø      Preserve hardwood trees in open spaces where there are no coniferous trees,

Ø      Provide for operations to be spread over two phases, two or three years apart, in sectors where large regenerated areas will be the object of such work,

Ø      On certain rich sites conducive to good hardwood growth, promote the maintaining of enough hardwood trees to ensure the development of mixed forests.

B)            Protection of established regeneration

To limit the impacts of extensive logging in the territory, it is important to improve the protection given to established regeneration, especially tall regeneration whose presence shortens the revegetation period and restores good habitats for small wildlife species such as hare.

When the conditions allow, cuttings with protection of regeneration and soils must be carried out under a special framework in order to protect tall regeneration.  To do this, the following is required:

Ø      Adopt appropriate logging techniques (such as multifunctional cutting heads) that leave the best regenerating trees intact.

Ø      Select appropriate hauling equipment to limit damage to the new growth.

Ø      Survey the new growth before logging, in order to identify the stands that have tall under-storey regeneration. 

C)        Mixed forest stands management strategy

Given the importance of mixed stands as wildlife habitats and their rarity in the territory concerned, it is necessary to develop a distinct management approach for these stands.  The approach will take the form of a management guide applicable specifically to the mixed forests at the community scale.  The wildlife and forest-related management objectives will be described, as will the operational methods required to maintain and renew these stands (logging techniques, features of the stands to be preserved, etc.).

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