Establishment Agreement

Inuvialuit Harvesting Rights

4.01 Exclusive right to harvest

Inuvialuit shall have the exclusive right to harvest game within the Park for subsistence usage and trapping, subject to the laws of general application respecting public safety and conservation, including the National Parks Act.

4.02 Amendment to the National Parks Act to provide for Inuvialuit right to harvest

The Minister shall propose to Parliament, amendments to the National Parks Act, to confirm the right of Inuvialuit to engage in traditional renewable resource harvesting activities in the Park as set out in this Article. For greater certainty, failure of Parliament to so amend the National Parks Act shall in no way be construed to abrogate, diminish or modify any rights and benefits accorded to Inuvialuit under the IFA and this Agreement.

4.03 Inuvialuit opportunities if manipulation of wildlife populations is necessary

Should it be decided as a result of wildlife management processes set out in the IFA, that the taking of Wildlife is required to protect the natural resources of the Park, Inuvialuit and their employees shall have the exclusive right to take such Wildlife in co-ordination with Canada and to receive any Wildlife, Wildlife parts or Wildlife products resulting from such a take. Inuvialuit shall not be required to incur any cost in the conduct of such taking of Wildlife.

4.04 Use of wildlife taken for park purposes

The CPS shall offer any Wildlife taken in the Park for public safety or Park management purposes to the SHHTC unless, after consultation with the SHHTC, it is determined that such Wildlife is required for scientific or Park Management purpose or as evidence in a court of law.

4.05 Fishing

Inuvialuit shall have the right to fish within the Park without permit. Fishing by Inuvialuit for subsistence shall have priority over sport fishing. Sport fishing by non-Inuvialuit may be permitted by the CPS in Park waters in accordance with fishing regulations enacted under the National Parks Act. CPS shall propose fishing regulations for the Park in consultation with the FJMC and in accordance with processes set out in the IFA.

4.06 Banks Island Bird Sanctuary No. 2

A Memorandum of Understanding between the CPS and the Canadian Wildlife Service in a form as set out in Annex "B" shall be executed to ensure the continued management of Banks Island Bird Sanctuary No. 2 for the protection of migratory birds.