Northern Flood Agreement

Table of Contents

Schedule "D"

TO: NORTHERN MANITOBA TRAPPERS DATED: November 7, 1975

The income assistance and support payments and other benefits provided by this program shall apply to all trappers whose trapping activities have been, or may be affected, directly or indirectly, by the operations of Manitoba Hydro in Northern Manitoba.

The program is being implemented on the clear understanding and condition that any trapper who receives benefits under the program does so on a "without prejudice basis". In other words, participation in the program shall not limit, in any way whatsoever, any rights a trapper has or may have as a result of any adverse effects on trapping activities arising from Manitoba Hydro operations. Of course, any payments or benefits received by a trapper under the program will be taken into account when a full and final settlement is concluded.

The Northern Flood Committee Inc. shall have the right to notice of and to attendance at all meetings between Manitoba Hydro representatives and individual trappers, and/or local fur councils which the Northern Flood Committee represents. This involvement of the Northern Flood Committee will also be without prejudice to any rights which the Indian Bands which the Northern Flood Committee represents have or may have.

NORTHERN FLOOD COMMITTEE, INC.
Per:

MANITOBA HYDRO
Per:

Registered Trapline Program

This Program provides compensation for loss of fur production and encourages efficient use of existing fur resources.

The following Program was prepared by Manitoba Hydro with the assistance of:

Registered Trappers
Department of Mines, Resources and Environmental Management
Department of Northern Affairs

I. REGISTERED TRAPLINE AREAS SUBJECT TO 100% PERMANENT LOSS

The trapper(s) will be given the opportunity to relocate to a new trapline Granting of a new trapline will be coordinated by the affected trapper, the President of the local fur council and the head Conservation Officer for the area and be compensated for their losses on the following basis:

1. Manitoba Hydro will make an initial payment (date to be determined) equivalent to the highest annual individual trapper's production on the abandoned traplines during the preceding ten year period (1965–1975). Payments would be based on fur price index which equals production x market value of fur during the affected year.
2. Manitoba Hydro will pay an annual subsidy to the trapper(s) equivalent to 100% of the value of the furs trapped on the new line for the first three year period.
3. Manitoba Hydro will pay an annual subsidy to the trapper(s) equivalent to 50% of the furs trapped on the new line for the fourth year.
4. Manitoba Hydro will pay an annual subsidy to the trapper(s) equivalent to 25% of the value of the furs trapped on the new line for the fifth year.

In addition Manitoba Hydro will provide a fixed wing aircraft to allow a trapper to assess the new trapline from the air, and such incidental expenses as compensation for labour in the construction of a line cabin Labour costs for construction of a line cabin are not considered if a trapper has been compensated for removal of an existing cabin on his former line., improving portages, or additional access roads should the new trapline location substantially increase the travelling distance involved. A maximum of $2,000.00 per trapline has been established to cover these incidental expenses. This type of assistance would be on the basis of proven need and would not automatically be available for every affected trapline.

NOTE: The term "value of furs trapped" refers to the average yearly pelt value as determined by the Department of Mines, Resources and Environmental Management based upon Winnipeg sale prices x the number of pelts produced.

II. REGISTERED TRAPLINE AREAS SUBJECT TO A PERMANENT PARTIAL LOSS OF PRODUCTION

The trapper(s) will be given the opportunity to relocate to a new trapline Granting of a new trapline will be co-ordinated by the affected trapper, the President of the local fur council, and the head Conservation Officer for the area. with Manitoba Hydro providing compensation based on Part I, or, assuming use of the former trapline is continued:

1. Manitoba Hydro will pay annual compensation for the partial loss of aquatic fur bearing animals in existing trapline production Percentage of loss is determined through consultation with the affected trapper, the local conservation officer, President of the local fur council and review of fur production records. This will be equivalent to the highest annual production during the preceding 10 year period for furs which are no longer available. It will continue for a period of 5 years and be subject to the fur price escalation index for these years.
2. Manitoba Hydro will pay an annual subsidy to the trapline holders equivalent to 100% of the value of aquatic furs trapped annually over the first three year period Aquatic fur bearing animals refers to Muskrat, Beaver, Mink and Otter.
3. Manitoba Hydro will pay an annual subsidy to the trapline holders equivalent to 50% of the value of aquatic furs trapped during the fourth year.
4. Manitoba Hydro will pay an annual subsidy to the trapline holders equivalent to 25% of the value of aquatic furs trapped during the fifth year.

In addition Manitoba Hydro will provide such incidental expenses as compensation for labour in the construction of a line cabin Labour costs for construction of a line cabin are not considered if a trapper has been compensated for removal of an existing cabin, improving portages, or additional access roads should the remaining trapping area substantially increase the travelling distance involved. A maximum of $2,000.00 per trapline has been established to cover these incidental expenses. This type of assistance would be on the basis of proven need and would not automatically be available for every affected trapline.

NOTE: Compensation as it relates to the Permanent Partial Loss Program will be paid only up to a maximum harvest equal to 200% of the historic ten year high annual production of aquatic fur bearing species in the area affected by Manitoba Hydro.

The term "value of furs trapped" refers to the average yearly pelt value as determined by the Department of Mines, Resources and Environmental Management based upon Winnipeg Sale Prices x the number of pelts produced.

III. REGISTERED TRAPLINE AREAS SUBJECT TO PARTIAL LOSS OF PRODUCTIVITY THROUGH A TRANSITIONAL PERIOD

The trapper(s) will be given the opportunity to relocate to a new trapline Granting of a new trapline will be co-ordinated by the affected trapper, the President of the local fur council and the head Conservation Officer for the area. with Manitoba Hydro providing compensation based on Part I, or, assuming use of the former trapline is continued.

1. Manitoba Hydro will pay annual compensation for loss of production based on the highest annual production during the preceding 10 year period (subject to the fur price escalation index) for a 5 year period with periodic review by Manitoba Hydro to determine the productivity Probability of full return of production is determined through consultation with affected trapper, local conservations officer, fur resource people, biologists and President of the local fur council of the trapline under the new conditions.

IV. REGISTERED TRAPLINES ALREADY AFFECTED BY CONSTRUCTION AND FOREBAY CLEARING

Manitoba Hydro will pay compensation for loss or partial loss of trapping income based on the highest annual production of fur bearing aquatic animals affected through the 10 years prior to construction. This figure converted to revenue would be subject to fur price index for those years affected.

The following areas have been affected and compensation will be awarded prior to the implementation of this three part program.

1. Jenpeg Generating Station – Payable September 1975 for years 1971/72, 1972/73, 1973/74 and 1974/75.
2. Jenpeg Clearing – Payable September 1975 for years 1972/73, 1973/74 and 1974/75.
3. South Bay – Notigi Control – Issett Channel and Associated Clearing – Payable July 1975 for the years Spring 1973, 1973/74 and 1974/75.

V. COMMUNITY TRAPLINE – CROSS LAKE – SOUTH INDIAN LAKE – NELSON HOUSE

Where a Community Trapline is adversely affected Manitoba Hydro will compensate the Community in the form of some local improvement which will offset the loss of trapping benefits.

VI. TRANSFER OF TRAPLINE RIGHTS

In the event of the death of an active trapper or his inability to continue to trap during the period of application of this policy, compensation for damage resulting from works will be paid to his estate. Continuing compensation based on the Program will be restricted to new trappers who accept affected traplines provided that an alternate unaffected trapline is not available to them. If a trapper voluntarily accepts an affected trapline rather than an unaffected trapline there will be no liability for compensation.

VII. RIGHT OF REVIEW

Manitoba Hydro will carefully consider all claims for compensation which it receives as a result of its construction projects, and will attempt to settle claims promptly. Such settlements will not be considered final. Upon completion of a project, all claims resulting from that project will again be reviewed by Manitoba Hydro to make sure they are consistent and fair, and adjustments will be made where necessary. However, if a final settlement cannot be agreed upon, an appeal procedure will be available.

METHOD OF ADMINISTRATION

A Committee will be established to administer the Program as follows:

1. Two representatives from Manitoba Hydro.
2. The Chief Conservation Officer (or his alternate) from the area.
3. The President of the Local Fur Council.
4. The assigned representative of the Department of Northern Affairs – Mr. Jock Gibb.

Authorized and accepted by Mr. J. F. Funnell, General Counsel and Secretary – June 4, 1975

Schedule "E"
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