Common use of Transitional Measures Clause in Contracts

Transitional Measures. 63. Since forest management activities are projected for the Territory between the date of signing the Agreement and the coming into force of the next general forest management plans, the parties agree to take all necessary measures to ensure that the present adapted forestry regime is operational and progressively integrated into the annual cutting programs for 2002- 2003, 2003-2004 and 2004-2005 in the following manner. 5.1 Annual forest management plan 2002-2003 64. According to the annual forestry management plans filed on or around December 1st, 2001, the Cree traplines that are affected by forest management activities during the 2002-2003 year are listed. The list is provided to the Crees as soon as possible after the signature of the Agreement. 65. Upon the signature of the present Agreement, the ministère des Ressources naturelles will prepare compilations for the entirety of each Cree trapline in which cutting is projected, in order to: i. ensure the conservation of stands measuring more than seven (7) meters in height in a minimum of 30% of the productive area; ii. to evaluate the percentage of the productive area that has been subject to fires or CPRS during the last nineteen (19) years, so as to: a) respect the annual standard of 40% maximum per twenty (20) year period as defined in Section 3.11.1-b of the Agreement; b) establish the annual admissible cutting level in accordance with the maxima provided for in the Agreement. 66. After that, the ministère des Ressources naturelles forwards to the agreement holders concerned the results of the analyses provided for in the previous paragraph, indicating to them to revise their plans so as to: i) correct, if need be, the total projected cutting area to bring it into conformity with the allowable annual maximum; ii) revise the surface area of the cutting blocks with buffer strips according to the standard provided for in section 3.11 of Chapter 3 of the Agreement; iii) apply section 3.12 of Chapter 3 of the Agreement by using only mosaic cutting near watercourses of a width of five (5) meters or more and lakes of an area greater than five (5) km2; iv) apply the measures provided for in section 3.13 of Chapter 3 of the Agreement to new roads crossing the boundaries of traplines. 67. In regard to the sites of special interest to the Crees and the forested areas presenting wildlife interest for the Crees, the parties to the present Agreement shall make such efforts as are necessary, whether or not the joint working groups are constituted, to ensure the application of provisions relating to the sites of special interest to the Crees and the forested areas presenting wildlife interest for the Crees in the forestry sectors that are the object of annual planning for 2002-2003 in the manner described hereinafter. 68. So that the Crees may begin the work related to the measures provided for in sections 3.9 and 3.10 of Chapter 3 of the Agreement, the ministère des Ressources naturelles will provide the Cree party with synthesis maps of the forest management activities planned for the Territory. Topographic maps of a scale of 1:20 000 shall also be provided for each trapline in which forest management activities are projected. The synthesis maps and the topographic maps must be provided to the Cree parties on or before January 18th, 2002. These maps will cover all forestry operations including cutting, silvicultural treatments and forest road construction work. 69. The Crees may map those elements of the provisions regarding sites of special interest to the Crees that are situated in sectors of forestry activity in the annual forest management plans for 2002-2003. The Ministre des Ressources naturelles will be informed of the results of this process as soon as possible. 70. In regard to the application of those elements of the provisions regarding areas of wildlife interest for the Crees that are situated in sectors of forestry activity in the annual forest management plans for 2002-2003, the Cree tallyman or his designated representative shall identify the areas in which he wants the standards relevant to forested areas of wildlife interest to the Crees to apply. He shall also provide comments concerning the roads that cross the boundaries of the trapline. The Crees will advise the ministère des Ressources naturelles and, if they so decide, the agreement holders concerned. 71. The process described in the preceding two paragraphs must be completed, if possible, prior to February 15th, 2002 and at the latest by February 28th, 2002. This being a summary process, the parties will recommence the complete process for the year 2003-2004, the results being delivered by September 2002. 72. If exceptional cases arise after February 28th, 2002, the parties will make all necessary efforts so that they may be taken into consideration during the 2002-2003 cutting season.