Terms and Definitions
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Adjusted Basic Needs Level
The level of harvesting by Inuit identified in Sections 5.6.26 to 5.6.30. The NWMB will periodically review the basic needs level (BNL) for each stock or population and determine whether an additional allocation is required to meet any or all of (a) increased consumption or use by Inuit; (b) intersettlement trade; and (c) marketing for consumption or use in the Nunavut Settlement Area. In any year the adjusted basic needs level may float upward or downward, but shall never fall below the BNL.
Basic Needs Level (BNL)
The level of harvesting by Inuit identified in Sections 5.6.19 to 5.6.25. Where a total allowable harvest (TAH) has been determined, the NWMB shall strike a BNL in accordance with Article 5.6 of the Nunavut Land Claims Agreement. The BNL constitutes the first demand on the TAH. Where the TAH is equal to or less than the BNL, Inuit shall have the right to the entire TAH.
Those species listed in Schedule 5-1 of the Nunavut Land Claims Agreement, which are coyotes, wolves, wolverine, muskox, bears, walrus, caribou, moose, deer and reindeer.
Any conservation area in existance at the date of the ratification of the NLCA listed in Schedule 9-1 of the NLCA; and any of the areas listed in s. 9.1.1 when established under legislation which are national wildlife areas; migratory bird sanctuaries; international biologival program ecological sites or areas; man and the biosphere reserves; world heritage convention, natural, and heritage sites; wildlife sanctuaries; critical wildlife areas; national historic sites; national historic parks; wetland of international importance for waterfowl (Ramsar); Canadian landmarks; Canadian heritage rivers; historic places; and other areas of particular significance for ecological, cultural, archaeological, researc, and similar reasons.
Any commerical or industrial undertaking, any municipal, terretorial, provincial, or federal government undertaking or extension thereof, on land or water in the Nunavut Settlement Area and in Zones I and II but does not include marine transportation, and wildlife measure or use approved in accordance with Article 5.
Relating to the complex of a natural community of living organisms and its environment functioning as an ecological unit in nature.
When wildlife is killed when it is necessary to preserve a human life or to protect that person's property, or to consume wildlife where it is necessary to prevent starvation. Permitted in these circumstances notwithstanding anything else in Aqrticle 5 of the NLCA (s. 5.6.52-5.6.55).
Does not iclude trees suitable for commercial production of lumber or other building materials, but includes materials required by Inuit for local use, land-based activities and handicraft production.
Those species listed in Schedule 5-2 of the Nunavut Land Claims Agreement, which includes squirrels, hares, beaver, fox, wolf, coyote, mustelids, wolverine, otter, marten, fisher, lynx, muskrat, bears, skunk, lemmings, voles, marmot, ground hog, woodchuck.
The reduction of wildlife into possession, including hunting, trapping, fishing, netting, egging, picking, collecting, gathering, spearing, killing, capturing or taking by any means (Article 1 NLCA).
The Nunavut Wildlife Harvest Study identified in Part 4 of Article 5 of the NLCA
Hunters and Trappers Organization (HTO)
There is an HTO in each of the communities (and outpost camps that prefer a separate organization) in Nunavut. HTOs are generally responsible for the management of harvesting among their members. They derive their powers from Article 5.7 of the NLCA; their specific functions are described in NLCA 5.7.3.
A wildlfie agreement between the Government of Canada and one or more foreign states or associations of foreign states.
An entity which complies with thelegal requirements to carry on business in the Nunavut Settlement Area and which is a) a limited compnay with at least 52% of the company's voting shares beneficially owned by Inuit; b) a cooperative controlled by Inuit; or c) an Inuk sole proprietorship or partnership.
Inuit Qaujimajatuqangit (IQ)
Land (Article 11; Land-use Planning)
Includes water and resources including wildlife.
That part of Canada's internal waters or terretorial sea, whether open or ice-covered, lying within the Nunavut Settlement Area, but does not include inland waters. For greater certainty, the reference to internal waters or terrestorial sea includes the seabed and subsoil below those internal waters or terretorial sea.
Sale and other types of commercial disposition, in raw or processed form, but does not include retail disposition at a restaurant.
Means fish and includes aprts of fish, shellfish, crustaceans, marine animals, and any parts of shellfish, crustaceans, or marine animals, and the eggs, sperm, spawn, larvae, spat, and juvenile stages of fish, shellfish, crustaceans, and marine animals
Those referred to in Schedule 5-3 of the NLCA; Migratory game birds are geese, ducks, swans, cranes, rails, coots, gallinules, pigeons, doves, plovers, snadpipers, phalaropes, allies, and shorebirds including godwits, curlews, tattlers, turnstones, woodcocks, snipes, dowitchers, and knots.
A limitation of any kind, except a total allowable harvest, and may include a limitation on season of harvest, sex of wildlife, size of wildlife, ago of wildlife, or method of harvest.
Nunavut Impact Review Board (NIRB)
An institution of public government; the primary functions of NIRB are described in Section 12.2.2 of the NLCA.
Nunavut Land Claims Agreement (NLCA)
A land claims agreement within the meaning of S.35 of the Constitution Act, 1982. Where there is any inconsistency or conflict between any federal, territorial or local government laws and the NLCA, the constitutionally-protected land claim must prevail to the extent of the inconsistency or conflict.
Nunavut Planning Commission (NPC)
The primary functions of NPC are described in Section 11.4.1 of the NLCA.
Nunavut Settlement Area (NSA)
The area described in S. 3.1.1 of the NLCA and set out in Schedule 3-1.
Outter Land Fast Ice Zone
The areas bounded by a) in the north by latitude 73.40 N off Cape Liverpool on Bylot Island, b) in the south by Latitude 66.37 N off Cape Dyer on Baffin Island, c) in the west by the seaward edges of the Terretorial Sea boundary off the east coast of Baffin Island, and d) in the east by the maximum limit of land fast ice (1963-1989) as shown on the map set out in Schedule 16-1 of the NLCA.
Presumptions as to Need
Those species listed in Section 5.6.5 of the NLCA that the NWMB shall presume, as a matter of fact and without further evidence, that Inuit need the total allowable harvest established by the NWMB.
Principles of Conservation
Those principles set out in Section 5.1.5 of the NLCA, which are: (a.) the maintenance of the natural balance of ecological systems within the Nunavut Settlement Area; (b.) the protection of wildlife habitat; (c.) the maintenance of vital, healthy, wildlife populations capable of sustaining harvesting needs as defined in Article 5; and (d.) the restoration and revitalization of depleted populations of wildlife and wildlife habitat.
A clearly defined geogrpahical space recognized to achieve long-term ecosystem conservation and cultural values.
Regional Wildlife Organization (RWO)
There are three RWOs in Nunavut, one for each of the three regions. RWOs, made up of representatives from each of the HTOs in the region, are generally responsible for the management of harvesting among the members of the HTOs in the region. They derive their powers from Article 5.7 of the NLCA; their specific functions are described in NLCA 5.7.6.
Knowledge accumulated by systematic study and organized by general priniples.
Any particular species or any distinct sub-group within a species such as a stock or population
Where the basic needs level (BNL) or the adjusted BNL is less than the total allowable harvest (TAH) for a stock or population, the surplus is the difference between the adjusted BNL and the TAH and, where there is no adjusted basic needs level, the difference between the BNL and the TAH. The NWMB shall determine the allocation of the surplus in accordance with Section 5.6.31 of the Nunavut Land Claims Agreement.
Total Allowable Harvest (TAH)
An amount of a stock or population of wildlife able to be lawfully harvested as established by the NWMB pursuant to Sections 5.6.16 to 5.6.18 of the Nunavut Land Claims Agreement.
Traditional Ecological Knowledge
As per Usher (see Arctic vol. 53 no. 2, June 2000) includes the following four componetns: factual/rational knowledge about the environment; Factual knowledge about past and current use of the environment; Culturally based value statements about how things should be, and what is fitting and proper to do, including moral or ethical statements about how to behave with respect to animals and the environment, and about human health and well-being in a holistic sense; and information derived from observation, experience, and instruction is organized to provide explanations and guidance. This definition was referenced in the Aarluk Report approved by the Board in 2009).
For the purposes of Article 5 all terrestrial, aquatic, avian, and amphibian flora and fauna ferae naturae and all parts thereof; Article 6 definition does not include flora.
Thse waters north of 61 degrees latitude subject to Canada's jurisdiction seaward of the Terretorial sea boundary as measured from the lines drawn pursuant to the Terretorial Sea Geographical Coordinates (Area 7) order SOR/85-872 that are not part of the Nunavut Settlement Area
Zone 1 - Special Preservation (Article 8; Parks)
Specific areas or features whgich deserve special preservation because they contain or support unique, rae, or endanagerd features or the best examples of natural features.
Those waters of james Bay, Hudson Bay, and Hudson Strait that are not part of the Nunavut Settlement Area or another land claims settlement area.
Zone II - Wilderness (Article 8; Parks)
Extensive areas which are good representations of each natural history themes of the Park and which will be maintained in a wilderness state.