Developing Successful Native/Non-Native Joint Management Systems: Four Case Studies of Interim Measures Agreements for Renewable Resources in British Columbia (Canada)

Abstract

"The prevailing approach to resolving land claims negotiations in British Columbia (Canada), as exemplified by the recently signed Nisga'a Agreement in Principle, relies on a combination of land settlement and cash compensation. This paper explores alternative approaches involving joint management (or 'interim measures') agreements for renewable resources. Such agreements can establish reciprocal obligations for improved management of renewable resources amongst a range of stakeholders without alienating constitutional rights and pending the resolution of treaty issues. Several recent examples of joint management agreements for forestry, fisheries and land management in British Columbia are reviewed in the context of common property management regimes. These examples demonstrate the importance of broad, enabling regulatory and legislative frameworks within which agreements can be negotiated and refined in practice, rather than through formal negotiations. Prescriptions are offered relating to the potential of joint management agreements to address the highly politicized and diverse interests of all parties and provide durable and flexible resolution of outstanding aboriginal claims."