Nunavut Land Claims Agreement

ARTICLE 15

MARINE AREAS

PART 1
PRINCIPLES

15.1.1
This Article recognizes and reflects the following principles:

(a)
Inuit are traditional and current users of certain marine areas, especially the land-fast ice zones;

(b)
the legal rights of Inuit in marine areas flowing from the Agreement are based on traditional and current use;

(c)
Canada's sovereignty over the waters of the arctic archipelago is supported byInuit use and occupancy;

(d)
Inuit harvest wildlife that might migrate beyond the marine areas;

(e)
an Inuit economy based in part on marine resources is both viable and desirable;

(f)
there is a need to develop and co-ordinate policies regarding the marine areas;and

(g)
there is a need for Inuit involvement in aspects of Arctic marine management, including research.

PART 2
APPLICATION

15.2.1
If a Park or Conservation Area is established and that Park or Conservation Area partially extends beyond the marine areas, Article 8 or 9, as the case requires, shall apply to that entire Park or Conservation Area.

15.2.2
Articles 5, 6, 8, 9, 11, 12, 23, 24, 25, 27, 33, and 34 shall apply to marine areas subject to any qualifications contained in those Articles.

15.2.3
There shall be no Inuit Owned Lands in marine areas.

PART 3
WILDLIFE MANAGEMENT AND HARVESTING BEYOND THE MARINE AREAS OF THE NUNAVUT SETTLEMENT AREA

15.3.1
Government will maintain a structure or structures to promote coordinated management of migratory marine species in Zones I and II and adjacent areas.

15.3.2
The NWMB shall appoint appropriate representation from the Nunavut SettlementArea to the structure or structures referred to in Section 15.3.1.

15.3.3
A structure or structures referred to in Section 15.3.1 shall not diminish the decision-making role of the NWMB within the marine areas of the Nunavut Settlement Area.

15.3.4
Government shall seek the advice of the NWMB with respect to any wildlife management decisions in Zones I and II which would affect the substance and value of Inuit harvesting rights and opportunities within the marine areas of the Nunavut Settlement Area. The NWMB shall provide relevant information to Government that would assist in wildlife management beyond the marine areas of the Nunavut Settlement Area.

15.3.5
Part 9 of Article 5 shall apply to any international or domestic interjurisdictional agreement relating to wildlife management applicable to Zones I and II.

15.3.6
The NWMB may identify wildlife research requirements and deficiencies, review research proposals and applications, and where appropriate recommend acceptance or rejection of such proposals or applications within Zones I and II and, in making any decision which affects Zones I and II, Government shall consider such recommendations.

15.3.7
Government recognizes the importance of the principles of adjacency and economic dependence of communities in the Nunavut Settlement Area on marine resources, and shall give special consideration to these factors when allocating commercial fishing licences within Zones I and II. Adjacency means adjacent to or within a reasonable geographic distance of the zone in question. The principles will be applied in such a way as to promote a fair distribution of licences between the residents of the Nunavut Settlement Area and the other residents of Canada and in a manner consistent with Canada's interjurisdictional obligations.

15.3.8
For greater certainty, nothing in this Article shall preclude Inuit access to wildlife for harvesting purposes in Zones I and II.

PART 4
MARINE MANAGEMENT

15.4.1
The NIRB, the NWB, the NPC, and the NWMB may jointly, as a Nunavut Marine Council, or severally advise and make recommendations to other government agencies regarding the marine areas, and Government shall consider such advice and recommendations in making decisions which affect marine areas.

PART 5
SAVING

15.5.1
This Article shall be interpreted in a manner consistent with Canada's sovereignty, sovereign rights and jurisdiction, and with Canada's international obligations.