Appendix 81c.1. Ronald Lake Bison Herd Technical Working Group Meeting Notes (February 5, 2014)

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1 Frontier Oil Sands Mine Project Integrated Application Supplemental Information Request, Round 3 ESRD and CEAA Responses Appendix 81c.1 Ronald Lake Bison Herd Technical Working Group Meeting Notes (February 5, 2014) Appendix 81c.1 Ronald Lake Bison Herd Technical Working Group Meeting Notes (February 5, 2014) October 2014

2 February 5 th 2014 Attendees: Paul MacMahon (ESRD) Tim Burggraaff (ESRD) Craig Dockrill (ESRD) Kelly Williams (ESRD) Joann Skilnick (ESRD) Melody Lepine (MCFN) Crystal Blain (MCFN) Sebastien Fekete (MCFN) Kyle Harrietha (Metis Local 1935) Gillian Donald (Metis Local 1935) Sheila Risbud (Teck) Janais Turuk (Teck) Steve Hiltz (Teck) Ronald Lake Bison Herd Bori Arrobo (Ft McKay FN) Karla Buffalo (Ft. McKay FN) Amanda Annand (ACFN) Doreen Somers (ACFN) Scott Nielsen (U Alberta) Cam Bateman (SilverWillow) Mark Edwards (Royal Alberta Museum) Martin Jalkotzky (Golder) Margwyn Zacharuk (Shell) Paul Knaga (Shell) Jen Platman (Shell) Greg Wilson (Environment Canada) Context and Background Purpose of meeting was established as: a discussion of interest and options for broadening participation and input regarding directed studies of the Ronald Lake Bison Herd. Some participants expressed frustration with GoA for not protecting the herd on the basis of its cultural value to First Nations (particularly ACFN), and Crown s obligation to respect treaty rights. Aboriginal Groups would like to see an immediate moratorium on development, until the herd and its needs are better understood. ACFN has applied to Federal Government for an emergency protection order, does not want Provincial Government to manage the herd. Environment Canada estimates that a federal wood bison recovery strategy would be completed in COSEWIC has recently recommended down listing wood bison to Threatened ; should take Cabinet 2 to 2.5 years to make a decision. Studies conducted to date (Joann Skilnick): 2009 population estimate of 75 to 100, with large confidence interval 2013 minimum population count (single day) of 186 bison

3 ESRD initiated disease testing to test null hypothesis that prevalence of TB and Brucellosis in the RLBH would be comparable to disease rates (30 to 50%) in the greater Wood Buffalo herd. - Lethal tests of 12 animals - Blood samples drawn from 12 animals affixed with collars for tracking movements - We now understand that disease (if it occurs) is currently at levels of less than 12% 12 Bison were equipped with Iridium Satellite collars (March 2013), set to take location data every 90 minutes for up to 2 years (battery life can be unpredictable). - 1 collar failed immediately, 1 bison died of capture myopathy within a week, 2 collars have failed since, and 1 bison was killed by wolves. Disease Status and Management of RLBH and wild Bison in Alberta Aboriginal Groups are concerned that disease status is prioritized in GoA actions, while it has no relevance to the exercise of treaty rights. Wood bison, as a species is considered endangered in the province of Alberta. However, the only herd of wood bison actively managed through the Wildlife Act is Hay Zama. - Other herds, including RLBH are not considered to be wildlife under Alberta s Wildlife Act. - GoA regulates non-aboriginal hunting of the Hay Zama herd - Habitat is not a component of GoA s management for the Hay Zama herd - Hay Zama herd receives no more attention from GoC than does RLBH Government of Alberta prefers to recover wood bison populations that are free of disease, but disease status of a herd does not currently impact decisions related to industrial land uses. - GoA is unwilling to place a moratorium on development/exploration activities within the known RLBH range - Government would have tools (regulate non-aboriginal hunting, protection plans, etc) at its disposal if bison were listed as wildlife. Industry Perspective Regarding Studies of Ronald Lake Bison Herd Understanding potential impacts to the herd, knowing where the herd is, the size of the herd, whether activities, are, or may impact the herd is a priority. - Teck, Shell, and Silverwillow are all able and willing to provide data layers/shapefiles of projects as built to date - Teck, Shell, and Silverwillow can also provide information on when activities were occurring across the landscape. - Industry is at the table to be informed, not to direct or manipulate the research

4 - Where is the threshold at which the RLBH cannot be sustained or accessed by First Nations? - Current mitigation measures are intended to address short term impacts of exploration activities o Early entry/early exit, minimize new disturbance/use existing disturbance o Minimize sensory disturbance in the short term Teck has similar experience related to caribou in NE British Columbia (Steve Hiltz) - FNs were frustrated with government response at the provincial and federal levels - Industry detected growing risk to projects, desired to work collaboratively on a solution that was satisfactory to all resource managers/users/developers o Forum was established through initiative of a FN to discuss and produce a strategy to address declining caribou populations, and to exchange ideas regarding respecting Treaty Rights Important for industry to remain at the table going forward, so that information is shared by all groups currently using the landscape First Nations Perspective Regarding Studies of Ronald Lake Bison Herd Important to recognize the need for directed studies at this time, monitoring should come after the baseline is understood. i.e. Monitoring might tell us how the bison are reacting to developments, but a directed study would tell us how bison currently behave and use the landscape. - Scientific study of the RLBH must be undertaken in a collaborative, cooperative manner - Directed studies should respect and balance both western science and traditional knowledge, seeking to combine these elements to best inform decisions. - Studies need to inform regulatory processes, and provide information in advance of decisions - Studies should inform the production of a management plan or strategy for the RLBH - Key to recognize the priority of Constitutional Rights throughout research and study - Clear terms of reference for a group providing technical oversight of research are required, including clear description of mandate, function, purpose, roles, responsibilities, and objectives of that group. - ToR should provide an active role for that group in identifying actions/next steps based on outcome of directed study - Membership should be actively involved in the design of studies - Need to understand what is wanted for the future, what data do we need to collect to answer those questions?

5 - Does the working group have the mandate to expand scope of study to address the needs of all parties? - CEMA has outlined research methods/guidelines for gathering ATK that could be valuable. - Access to previous reports would be valuable to new participants of these discussions - Interpretation of results should be by consensus. - Need to understand the full mandate of the group prior to determining whether or not participation is valuable some concern that it will be process driven, and be of limited impact - Who would represent each organization? o Structure, purpose, and role should provide foundation for determining composition - Multistakeholder processes cannot address consultation responsibilities o Working group cannot be substituted for consultation, even on plans decisions emanating from that group Collection and Use of RLBH Data Need to make our best attempts to integrate information, factor in multiple viewpoints and understand how data would be used by all parties. Where do we want to end up? RLBH should be the ultimate winner - Herd is sustained and always available for harvest by FN and non-fn hunters - Understand how the herd responds to activities on the landscape and to harvest - Will funds always be focussed on disease sampling? o No, 2014 hoped to be last year with that focus Products delivered to/approved by the technical team should be consensus based, but group members would be free to use the products in different manners. Group would be expected to develop consensus on research priorities, study design, and agree that objectives could be achieved before any research commenced. CEMA has updated its guidelines for Traditional Knowledge research could help inform studies for Ronald Lake bison.

6 Next Steps GoA provide Aboriginal Groups with draft principles of Technical Team by 12 th February Aboriginal Groups respond to GoA with comments on draft principles by 19 th February 2014 field program will occur in the interim - Collaring of additional bison - Disease sampling of 49 animals - Population estimate via mark/resight GoA will prepare briefing note to seek mandate to establish Team; inform Melody and Karla when this is occurring so that they can support through advocacy. Greg Wilson (Environment Canada) to provide information to ACFN on status of request for emergency protection order. Reconvene in April to discuss future of team