LAND AND RESOURCE PROTECTION AND MANAGEMENT PLAN

June 26, 2000

1.0

VISION The Kitasoo and Xaixais people live on the central coast of British Columbia, Canada. The following “Statement of Comprehensive Claim” in section 2.0 was made in 1982 to explain to Canada and the world who we are and where we live. Since 1982 a lot has happened. Other people from Canada and around the world have become more interested in our place on this planet. Logging companies are interested in our forests, tourists in our incredibly beautiful mountains, inlets and wildlife, fishers in our aquatic resources and environmentalists who are concerned for our forests, fish and wildlife. We also are concerned about all of these things. As our Statement of Claim indicates, we have been concerned about these lands and resources for thousands of years. We have another concern, and that is for our people. We have always had a land and resource use plan for our lands, forests, fish and wildlife. It lives in our heritage, in our oral history and in our everyday decisions as to where we collect food and where we fish and cut trees. Since the modern world doesn’t understand our way of managing lands and resources, we will write it down in order to explain our intentions. Our vision for our land and resources is based on the best definition of the term “sustainable”. To us this means that the wealth of forests, fish, wildlife and the complexity of all life will be here forever. It also means that we will be here forever. To remain here as Kitasoo and Xaixais people we need to protect and enhance our culture and protect our heritage. We also need to live in the modern world. We need jobs to sustain our families. We need revenue and economic development to sustain our community. The following “Kitasoo / Xaixais First Nation Land and Resource Protection and Management Plan” explains how we intend to manage and protect our lands and resources. We invite other people and governments to work with us to implement the plan but we seek no permission. Our right to implement this plan comes from our aboriginal rights and title and from our connection to this land for thousands of years. No one speaks for us. Mutual respect and understanding comes from meeting with us and gaining an understanding of our people and our lands. Listen, learn and understand, then we can work together.

 

2.0

STATEMENT OF COMPREHENSIVE CLAIM -  1982 “Since time immemorial, we the peoples of the Kitasoo Indian Band, situated in what is now called the Province of British Columbia, have been and remain the rightful owners, users and sovereign occupants of our tribal territories, as outlined on the map attached. The peoples of the Kitasoo Indian Band, namely the Xixis and the Gvuquayaitxv peoples who are Heiltsuk in language and cultural tradition, and the Kitasoo people who are Tsimshian linguistically and culturally, created a permanent settlement at Klemtu in the late 19th century, on the lands of our ancestors. Our peoples have traditionally used, occupied and exercised jurisdiction over our tribal territories for countless thousands of years. We have never surrendered our tribal territories or jurisdiction through conquest, treaty or any other means to the British Crown or its colonial governments or to the Crown in the right of Canada or to any other government or people. Nor has this original ownership, occupancy and use by our people and jurisdiction over our tribal territories ever been superseded by law. Nor have we ever received any compensation for the use and occupation of our tribal territories by peoples non-indigenous to our tribal area. Therefore, we assert our right and claim to our tribal area, including all land forms, air and subsurface, fresh and tidal waters, foreshores, and watersheds of all streams and rivers flowing into these fresh and tidal waters, extending into the Hecate Strait. We assert our right to our land and to its preservation, development and management; and to the benefits that have been and may be derived from all resources and development of resources within our tribal territories. We hereby present this statement of comprehensive claim to the Government of Canada, through the Department of Indian and Northern Affairs, as an assertion and statement of our right. We, the elected Council of the Kitasoo Indian Band, are authorized to act on behalf of our people for the purposes of the statement of claim. We represent the Indian population of the Band and also the descendants of Heiltsuk and Kitasoo peoples in our tribal area. We are also signatories to the Declaration of Claim of the Tsimshian Nation.”       Signed by:                          Chief:     Percy Starr,               Councilors:    Archie Robinson,      Ernest Mason Jr.

3.0	PRINCIPLES FOR LAND AND RESOURCE MANAGEMENT
3.1	Goal: Since the Declaration in 1982 the Kitasoo/Xaixais First Nation has entered into the process of negotiating a treaty with Canada and British Columbia. Many of the land and resource planning and management issues expressed in this plan are being discussed at the Treaty Table. Therefore, the following plan is without prejudice to the Treaty process. The Kitasoo/Xaixais feel the need to develop this plan at this time because of the slow progress being made at the Treaty Table and the immediate need to protect the environment and valuable resources. We also need jobs and economic development opportunities for our people now. The lack of meaningful jobs has created serious social problems in our community. We cannot let another generation pass idly by. With this goal in mind the objectives of the land and resource management plan are to provide for: Sustainable and stable Kitasoo/Xaixais communities, The social development of Kitasoo/Xaixais families and individuals, The spiritual and cultural integrity of the Kitasoo/Xaixais way of life, The protection and enhancement of the environment, Economic self-reliance in employment for Kitasoo/Xaixais people and revenue to Kitasoo/Xaixais government
3.2	Aboriginal Rights The Kitasoo/Xaixais hold aboriginal rights and title to 100% of the traditional territory including land and marine resources,  Kitasoo/Xaixais shares aboriginal rights and title to overlap areas with other First Nations,  The designation of land and resources will create certainty for present and future Kitasoo/Xaixais people,  Kitasoo/Xaixais will ensure aboriginal rights and title are protected within the entire territory,  Kitasoo/Xaixais rights includes the rights to self government and this includes the right to cooperate with other people who want to work with us in our areas.

 

4.0

KITASOO / XAIXAIS LANDS AND RESOURCES

KITASOO / XAIXAIS PROTECTED AREAS Primary objective:Protection of fish, wildlife, cultural and bio-diversity values. Protect Kitasoo and Xaixais cultural and heritage values, Protect areas of high wildlife and environment values, Protect fish and wildlife habitat, Protect Kermode bear habitat, Protect scenic corridors, No timber harvesting, mining or resource extraction, Kitasoo/Xaixais continue to hunt and fish, Opportunities for low impact tourism and co-management of Protected Areas.

Area 1 - Kitasu / Higgins Pass Protected Area

Kitasoo/Xaixais Values: Original home of the Kitasoo/Xaixais people, Old village sites, burial grounds, Very high archaeological and heritage values, Very high fish and wildlife habitat, Wolf and deer habitat, Foreshore and uplands to protect high fisheries values, Kitasoo/Xaixais Rediscovery site, High use area of the Kitasoo/Xaixais people. Kitasoo/Xaixais Management Objectives: No logging or mining, Kitasoo/Xaixais exclusive use area for fisheries or tourism development.

Area 2 - Laredo Inlet Protected Area

Kitasoo/Xaixais Values: High archaeological and cultural values, High central coast bio-diversity values, Very high wildlife and bio-diversity values, Home of the Kermode and black bears and wolves, Very high scenic values for coastal fiords and mountains, High potential for low-impact eco-tourism. Kitasoo/Xaixais Management Objectives: No logging or mining, Management as Laredo / Canoona / Khutze Tribal Park, Low impact Kitasoo/Xaixais eco-tourism to create jobs and economic development opportunities, Kitasoo/Xaixais Youth Rediscovery program to train Kitasoo/Xaixais youth, Co-management Agreement with Kitasoo/Xaixais before any resource planning or tourism development begins.

Area 3 - Canoona Protected Area

Kitasoo/Xaixais Values: Kitasoo/Xaixais/Xaixais Indian Reserve at the mouth of Canoona River, The highest fisheries habitat values in the Kitasoo/Xaixais traditional territories, Very high wildlife and bio-diversity values, Home of the Kermode bear and wolves, Very high scenic values for inland fiords and mountains, High potential for low-impact eco-tourism. Kitasoo/Xaixais Management Objectives: No logging or mining, Part of Laredo / Canoona / Khutze Tribal Park, Protect visual quality of the Inside Passage, Low impact Kitasoo/Xaixais eco-tourism to create jobs and economic development opportunities, Co-management Agreement with Kitasoo/Xaixais before any resource planning or tourism development begins.

Area 4 - Khutze Inlet Protected Area
	Kitasoo/Xaixais Values: High value fish, grizzly bear,  mountain goat and wolf habitat, Overall high bio-diversity values, Very high scenic values for fiords and mountains, High potential for low-impact eco-tourism Kitasoo/Xaixais Management Objectives: No logging or mining, No guide outfitting or trophy hunting, Part of Laredo / Canoona / Khutze Tribal Park, Protect visual quality, Low impact Kitasoo/Xaixais eco-tourism to create jobs and economic development opportunities, Co-management Agreement with Kitasoo/Xaixais before any resource planning or tourism development begins.

Area 5 - Kynoc / Mussel Inlets Protected Area
	Kitasoo/Xaixais Values: Original home of the Xaixais people, Old village sites, burial grounds, Very high archaeological and heritage values, Very high fish and wildlife habitat, Grizzly bear, mountain goat and wolf habitat, High bio-diversity values, Very high scenic values for fiords and mountains. Kitasoo/Xaixais Management Objectives: No guide outfitting or trophy hunting, Protection of grizzly, fish, wolf and other wildlife habitat. No mining or logging, No roads or vehicle access, Protect visual quality, Low impact Kitasoo/Xaixais eco-tourism to create jobs and economic development opportunities, Co-management Agreement with Kitasoo/Xaixais before any resource planning or tourism development begins.

Area 6 - Green Inlet Marine Park Protected Area
	Kitasoo/Xaixais Values: Small Marine Park established by the Province of BC at the mouth of Green Inlet, High scenic and recreation values, Kitasoo/Xaixais Management Objectives: Low impact Kitasoo/Xaixais eco-tourism to create jobs and economic development opportunities. Protect visual quality, No timber harvesting or other resource extraction, Co-management Agreement with Kitasoo/Xaixais before any resource planning or tourism development begins.

Area 7 - Jackson Narrows Marine Park Protected Area
	Kitasoo/Xaixais Values: Small Marine Park established by the Province of BC at the east end of Jackson narrows, High scenic and recreation values. Kitasoo/Xaixais Management Objectives: Low impact Kitasoo/Xaixais eco-tourism to create jobs and economic development opportunities, Protect visual quality, No timber harvesting or other resource extraction, Co-management Agreement with Kitasoo/Xaixais before any resource planning or tourism development begins.

Area 8 - Oliver Cove Marine Park Protected Area
	Kitasoo/Xaixais Values: Small Marine Park established by the Province of BC at the south end of Mathieson Channel, High scenic and recreation values. Kitasoo/Xaixais Management Objectives: Low impact Kitasoo/Xaixais eco-tourism to create jobs and economic development opportunities, Protect visual quality, No timber harvesting or other resource extraction, Co-management Agreement with Kitasoo/Xaixais before any resource planning or tourism development begins.

         

	Kitasoo/Xaixais / XAIXAIS INTEGRATED USE AREAS
	Primary Objective:To create jobs and economic development opportunities for Kitasoo/Xaixais / Xaixais people with minimum impact on the environment and protect cultural and heritage values to sustain Kitasoo/Xaixais people and communities.

Area 9 - Aristazabal Integrated Use Area
	Kitasoo/Xaixais Values: Kitasoo/Xaixais archaeological and heritage values, Traditional hunting and fishing area of the Kitasoo/Xaixais people, Numerous fishing camps around the island, Important salmon spawning and fisheries habitat, Wildlife values including deer and wolf, Recreation and eco-tourism potential, Employment and economic development potential, Scenic values of Laredo Channel. Kitasoo/Xaixais Management Objectives: Resource use while protecting cultural values, Archaeological studies for all areas during resource planning process, Kitasoo/Xaixais continue hunting and fishing, Resource use while maintaining wildlife habitat, Minimize impact on scenic values, Create jobs and economic development activities for Kitasoo/Xaixais workers, Co-management Agreement with Kitasoo/Xaixais before any resource planning or development begins.

Area 10 - Surf Inlet Integrated Use Area
	Kitasoo/Xaixais Values: Kitasoo/Xaixais archaeological and heritage values, Traditional hunting and fishing area of the Kitasoo/Xaixais people, Important salmon spawning and fisheries habitat, Wildlife values including deer, bear and wolf, Recreation and eco-tourism potential, Employment and economic development potential, Scenic values of Surf Inlet. Kitasoo/Xaixais Management Objectives: Resource use while protecting cultural values, Archaeological studies for all areas during resource planning process, Kitasoo/Xaixais continue hunting and fishing, Resource use while maintaining wildlife habitat, Minimize impact on scenic values, Create jobs and economic development activities for Kitasoo/Xaixais workers, Co-management Agreement with Kitasoo/Xaixais before any resource planning or development begins.

Area 11 - Aaltanhash / Butedale Integrated Use Area
	Kitasoo/Xaixais Values: Kitasoo/Xaixais archaeological and heritage values, Traditional hunting and fishing area of the Kitasoo/Xaixais people, Important salmon spawning habitat, Recreation and eco-tourism potential. Wildlife values including bear, deer and wolf, Scenic values of the Inside Passage Kitasoo/Xaixais Management Objectives: Resource use while protecting cultural values, Archaeological studies for all areas during resource planning process, Kitasoo/Xaixais continue hunting and fishing, Low impact Kitasoo/Xaixais eco-tourism to create jobs and economic development opportunities, Resource use while maintaining wildlife habitat, Minimize impact on scenic values, Co-management Agreement with Kitasoo/Xaixais before any resource planning or development begins.

Area 12 - Green Inlet / Carter Lake Integrated Use Area

Kitasoo/Xaixais Values:  Kitasoo/Xaixais archaeological and heritage values, Traditional hunting and fishing area of the Kitasoo/Xaixais people, Important salmon spawning habitat,  Wildlife values including deer, black and grizzly bear and wolf, Scenic values of the Inside Passage, Visual quality and recreation values of Green Inlet Marine Park, Jobs and economic development opportunities for Kitasoo/Xaixais / Xaixais. Kitasoo/Xaixais Management Objectives: Resource use while protecting cultural values, Archaeological studies for all areas during resource planning process, Kitasoo/Xaixais continue hunting and fishing, Resource use while maintaining wildlife habitat, Minimize impact on scenic values, In Green Inlet heli-logging is preferred over conventional logging to minimize roads and access, Co-management Agreement with Kitasoo/Xaixais before any resource planning or development begins.

Area 13 - Tolmie Channel Integrated Use Area

Kitasoo/Xaixais Values: High cultural, heritage and fisheries values in Cougar Bay, Meyers Pass and Alexander Inlet, Traditional uses such as berry picking, use of medicines and wood for crafts and housing, Traditional hunting and fishing area of the Kitasoo/Xaixais people, Important salmon spawning habitat, High wildlife values including Kermode and black bear, deer and wolf, Create jobs and economic development activities for Kitasoo/Xaixais workers, Scenic values of the Inside Passage and Meyers Pass.. Kitasoo/Xaixais Management Objectives: Resource use while protecting cultural values, Archaeological studies for all areas during resource planning process, Special environmental and archaeological assessment before low impact development in Cougar Bay or Alexander Inlet, Kitasoo/Xaixais continue hunting and fishing, Resource use while maintaining wildlife habitat, Minimize impact on scenic values, Co-management Agreement with Kitasoo/Xaixais before any resource planning or development begins.

Area 14 - Pooley / Roderick Islands Integrated Use Area

Kitasoo/Xaixais Values: High cultural, heritage and fisheries values in Windy Bay, Griffin Pass and James Bay, Traditional uses such as berry picking, use of medicines and wood for crafts and housing, Traditional hunting and fishing area of the Kitasoo/Xaixais people, Important salmon spawning habitat, Wildlife values including bear, deer and wolf, Create jobs and economic development activities for Kitasoo/Xaixais workers, Scenic values of the Inside Passage. Kitasoo/Xaixais Management Objectives: Resource use while protecting cultural values, Archaeological studies for all areas during resource planning process, Special environmental and archaeological assessment before low impact development in Windy Bay, Griffin Pass or James Bay, Kitasoo/Xaixais continue hunting and fishing, Resource use while maintaining wildlife habitat, Minimize impact on scenic values, Co-management Agreement with Kitasoo/Xaixais before any resource planning or development begins.

Area 15 - Mary’s Cove / Roderick Lake Integrated Use Area

Kitasoo/Xaixais Values:  Nearest traditional Kitasoo/Xaixais / Xaixais salmon fishery to the village of Klemtu,  Kitasoo/Xaixais salmon enhancement in Roderick Lake and Mary Cove creek,  Important salmon spawning and rearing habitat,  Deer, bear and wolf habitat,  Kitasoo/Xaixais hunting and fishing area,  Scenic values for the Inside Passage. Kitasoo/Xaixais Management Objectives:  Protect sockeye and other salmon habitat,  Prtotect visual quality of the Inside Passage,  All resources uses in the watersheds will be done by Kitasoo/Xaixais,  Exclusive use area of the Kitasoo/Xaixais people.

Area 16 - Swindle / Price Islands Integrated Use Area

Kitasoo/Xaixais Values: Present home of the Kitasoo/Xaixais people at Klemtu, High cultural, heritage and fisheries values around the village of Klemtu, Traditional uses such as berry picking, use of medicines and wood for crafts and housing, Traditional hunting and fishing area of the Kitasoo/Xaixais people, Water and hydro sources for Klemtu, Important salmon spawning habitat, Wildlife values including bear, deer and wolf, Create jobs and economic development activities for Kitasoo/Xaixais workers, Scenic values of the Inside Passage and near Klemtu. Kitasoo/Xaixais Management Objectives: Resource use while protecting cultural values, Archaeological studies for all areas during resource planning process, Special environmental and archaeological assessment before low impact development near Klemtu, Protect water and hydro sources for Klemtu, Kitasoo/Xaixais continue hunting and fishing, Resource use while maintaining wildlife and fisheries habitat, Minimize impact on scenic values, Kitasoo/Xaixais exclusive resource use area.

Area 17 - Mathieson Channel / Dowager Island Integrated Use Area

Kitasoo/Xaixais Values: Kitasoo/Xaixais archaeological and heritage values, Traditional hunting and fishing area of the Kitasoo/Xaixais people, Important salmon spawning habitat, Wildlife values including deer and wolf, Scenic values of Mathieson Channel and access to Kynoc Protected Area. Kitasoo/Xaixais Management Objectives: Resource use while protecting cultural values, Archaeological studies for all areas during resource planning process, Kitasoo/Xaixais continue hunting and fishing, Resource use while maintaining wildlife habitat, Minimize impact on scenic values, Co-management Agreement with Kitasoo/Xaixais before any resource planning or development begins.

 

4.0	IMPLEMENTATION
	As stated in Section 3.0 the Kitasoo/Xaixais  people are negotiating a Treaty with Canada and British Columbia. As outlined in the “Statement of Comprehensive Claim” in Section 2.0 the Kitasoo and Xaixais First Peoples of Canada hold aboriginal rights and title to their traditional territories. This land and resource plan is an important mechanism for the Kitasoo/Xaixais to exert their rights and title. To implement this plan the Kitasoo/Xaixais will be reaching out to other governments, environmental groups and resource developers to serve the objectives of creating a sustainable environment, culture and economy. We welcome those who want to work with us. Before any development takes place, or any outside interests attempts to plan or manage Kitasoo/Xaixais lands or resources a Co-Management Agreement (CMA) will be negotiated that will include the following:
	1	The parties will adopt the “Kitasoo/Xaixais First Nation Land and Resource Protection and Management Plan”.
	2.	Companies or governments who want to use or develop Kitasoo/Xaixais lands or resources will negotiate a Co-Management Agreement prior to any planning or development. The CMA will include:
		A.	A process of consultation with the Kitasoo/Xaixais for the following during planning and development processes:
			i.	Environmental planning,
			ii.	Parks and protected area designation,
			iii.	Forest development including:  Timber Supply Review,  Forest Management Planning,  Forest Development Planning,  Silviculture Prescriptions,  Cutting Permits Application,  Field review of the above.
			iv.	Mining development including:  Mining Development Permits,  Applications to Lands Branch,  Environmental Assessment,  Archaeological Impact Assessment.
			v.	Tourism Development.
		B.	Provisions for the preparations of inventories and information sharing in Traditional Use Studies and Archaeological Impact Assessments.
		C.	Planning or development will not proceed without the written consent of the Kitasoo/Xaixais people.
		D.	Compensation would be paid to the Kitasoo/Xaixais First Nation in the following ways:  Right of First Refusal on all tourism forestry or mining jobs,  Training for Kitasoo/Xaixais loggers,  Encourage logging contractors to hire Kitasoo/Xaixais people,  Funding for capacity, etc.,  Assistance with community infrastructure,  Assistance with planning and management of Kitasoo/Xaixais Timber Sale Licence.
		E.	The Co-Management Agreement will be linked to a Kitasoo/Xaixais Land and Resource Protection and Management Plan that will identify areas that will be protected and areas where integrated management, including logging could take place.
		F.	The establishment of rates of harvest and resource extraction will be based on the Kitasoo/Xaixais Land and Resource Protection and Management Plan and what is sustainable.
		G.	The Co-Management Agreement will also include Kitasoo/Xaixais  acknowledgment that the wood and resources from the area will meet certification standards.
	3.	Environmental Action
		All environmental actions affecting Kitasoo/Xaixais Lands and Resources will be controlled by the Kitasoo/Xaixais government. The heriditary Chiefs of the Kitasoo/Xaixais speak for the Kitasoo/Xaixais people. No one but our chiefs has the authority to use our crests, emblems, dances or stories. Other First Nations understand and respect this protocol. Others should respect the culture and rights of our people before speaking on behalf of us or on issues that affect our lands, resources, wildlife and environment. The Kitasoo/Xaixais people want to work with those who respect our laws and traditions. Therefore, before speaking on behalf of our people or territory an “Environmental Protocol” will be developed with us so that we can stand up and speak together on environmental issues. An Environmetal Protocol will include the following:
		1.	Acceptance of the “Kitasoo/Xaixais First Nation Land and Resource Protection and Management Plan”,
		2.	Meeting with the community, Chiefs and elders in Klemtu to discuss envirnmental issues,
		3.	Public relations that will define the environmental message and who will deliver the message,
		4.	The hiring of Kitasoo/Xaixais people when environmental studies, media film or eco-tourism ventures are developed.