RECREATIONAL ACCESS MANAGEMENT PROGRAM - Access Management Plan Agreement

RECREATIONAL ACCESS MANAGEMENT PROGRAM - Access Management Plan Agreement Contract #2009- New Contract or Renewal I. Access Management Plan Area Description This is an Agreement made on this day of, 20, between Alberta Sustainable Resource Development (the Department ) and the Owner or Owner s legally designated representative (the Program Host ) of lands being enrolled in the Recreation Access Management Program (RAMP). I, the Program Host, certify that I have the authority to allow people to access this owned, rented, or deeded land that is subject to this Agreement as indicated by the Access Management Plan Property Map attached and marked as Schedule A to this Agreement. The property described in Schedule A is within Wildlife Management Unit (WMU) 108 or 300 in the Province of Alberta. If applicable, I certify that I have notified the owners of this land of my involvement in RAMP (intial). Property Owner Name: Program Host Name(s) (if different): Owner/Program Hosts Corporation (if applicable): Payee s Name: Mailing Address: Street or P.O. Box: Town: Postal Code: Phone 1, Phone 2, Phone 3, Phone 4 Facsimile: Email Address: Your personal information is being collected as a requirement to participate in and for the purpose of administering and evaluating the RAMP pilot study under the authority of section 33 (c) of the Freedom of Information and Protection of Privacy Act. Questions concerning the collection of your personal information can be directed to the RAMP Coordinator, Sustainable Resource Development, 530-8th St S, Lethbridge, AB T1J 2J8, Phone (403)-388-7777. *See attached Schedule A for a legal description of lands included in this agreement and a copy of this property s Access Management Plan Map. Total Acreage: and Land Size Category. II. RAMP Property Access Management Plan Property Name: (to appear on RAMP products). Contact Name(s): (to appear on RAMP products). Contact Phone #1 Phone #2 Phone #3 Phone #4 (to appear on RAMP products). Preferred time to receive inquiries from hunters/anglers: a.m. / p.m. to a.m. / p.m. Access Management Type: 1. Type U- Unrestricted 2. Type R- Restricted (R-SWL or R-SIB); and i. Schedule & sign in with Program Host (R-SWL) ; or ii. Schedule with Program Host or RAMP staff and sign in with Sign-In Box (R-SIB) a. The number of hunters per day permitted on this property has: i. No Limit or is Limited to Hunters or groups per day. b. The number of anglers per day permitted on this property has: ii. No Limit or is Limited to Anglers or groups per day 1

3. The Program Host permits hunters and anglers and their accompanying guests access to the lands described in Schedule A for the purpose of activities related to licensed recreational hunting or licensed sport fishing. a. The following access conditions apply to this Access Management Plan: (Check all that apply) i. On foot and bicycle access is permitted. ii. On horseback access is permitted. iii. Motorized Vehicle (MV) and Off Highway Vehicle (OHV) travel is not permitted on this property. iv. MV s and OHV s are only permitted on indicated trails. v. With additional permission, MV s and OHV s are permitted only on indicated trails to retrieve game. vi. Without additional permission, MV s and OHV s are permitted only on indicated trails to retrieve game. vii. Users must obtain additional permission to travel off of indicated trails with a MV or OHV. viii. Users must obtain additional permission to travel off of indicated trails with a MV or OHV only to retrieve game. ix. Without additional permission, MV s and OHV s are permitted off of indicated trails only to retrieve harvested game. x. Vehicles must park in designated parking areas or along any adjacent public access road and must not block gates or trails. xi. Hunting is prohibited in fenced land units where livestock are present. xii. Hunting of the following licensed game species of wildlife is prohibited on this property: List Species:. xiii. Please ensure harvested game is field dressed no closer than 1 km from any residence. xiv. Bow Hunting is prohibited on this property. xv. Sunday Hunting is not permitted on this property. 4. The following access conditions apply to All Access Management Plans: a. Every hunter, angler and accompanying guest must complete an individual Recreational Access Card Satisfaction Survey Card (RAC-SSC) and submit it to the sign in box or return it to the Program Host prior to entering each RAMP property, each day. b. Hunters and anglers and each accompanying guest must carry the SSC portion of the RAC-SSC on their person while on the property as proof of access permission. c. Hunting is prohibited within Safety Zones. d. Camping, open fires and littering is not permitted. e. Unless otherwise noted above, hunting is permitted for all wildlife species requiring a recreational license (subject to Wildlife Regulations). RAMP does not provide for the hunting of species outside of a recreational license. f. The Program Host retains the right to refuse entry to any person on reasonable grounds and may request to see proof of access permission (SSC). g. RAMP users are asked to record information about all witnessed non-compliance of access conditions and report it to the Report-A-Poacher hotline (800) 642-3800. h. Disclaimer: All users accessing this property do so at their own risk and must be aware of all identified hazards on this property prior to entering. Be aware, many other hazards may exist in addition to those identified. III. Payments: The Payee will receive the following payments for participation in RAMP provided that the Program Host has complied with the terms and conditions of this Access Management Plan Agreement. Payment Calculation 1. Access Opportunity Score a. Access Impact Payment: $ 2. Habitat Stewardship Score: + Habitat Health Score = a. Habitat Stewardship and Health Payment: $ 3. Total Annual Payment: $ 2

IV. Terms of Agreement and Renewal Through this Agreement, the Department and the Program Host will provide the public with equal opportunity access for activities related to hunting and fishing, free of charge, in a RAMP Area, established on the Program Host s property, as identified in Schedule A. Hunters and anglers are not required to purchase any services as a condition of access to any RAMP property. Access will be granted under access conditions mutually agreed upon by the Program Host and the Department. Information regarding access conditions and methods of gaining access will be available through the RAMP Coordinator and/or the Program Host and shall be filed in the Access Management Plan. In signing this Agreement, the parties acknowledge that all the terms and conditions of Part A - Duties, Responsibilities, and Conditions (consisting of 2 pages), and Part B - General Terms of the Agreement (consisting of 2 pages), and Schedule A (consisting of 1 page) are incorporated into and form part of this Agreement and are binding on the parties. The term of this Agreement is 1 calendar year following the date of signing and this Agreement may be renewed for one or more one-year terms at the RAMP Coordinator s discretion and subject to the Program Host s: 1. Compliance with this Agreement in the previous year; 2. Completion and return of the Baseline Program Host Survey; 3. Completion and return of the Annual Program Host Satisfaction Survey; and 4. Maintenance and return of the Type-R Hunter and Angler Inquiry Log Book and Access Schedule. PART A: DUTIES, RESPONSIBILITIES, AND CONDITIONS 1. Department Responsibilities: The Department agrees to: a. Provide the Program Host with RAC-SSC cards, Access Management Plan Maps, and Signage. b. Distribute the Payee s payment by January 31 of each calendar year that this Agreement is in effect. c. Conduct habitat health assessments for each RAMP Area. d. Remove Access Management Plans from the RAMP website within 1 week of this Agreement s termination. e. Manage any personal information in compliance with the Freedom of Information and Protection of Privacy Act. 2. Program Host Responsibilities: a. Permit and assist with installation of Access Management Plan Map signage on the property. b. Ensure Maps and RAC-SSC cards are stocked in the RAMP sign-in boxes. c. Respond to Type - R hunter and angler inquiries within 5 days, if access is available. d. Maintain a Type - R hunter and angler Inquiry Log Book and Access Schedule where applicable. e. Agree to keep all information on the RAC-SSC cards secure and confidential and in compliance with the Freedom of Information and Protection of Privacy Act. f. Will report any hunter-angler-program Host issues, conflicts, incidents, and access request refusals related to RAMP within 1 week of the incident to the RAMP Coordinator. g. Will meet with the RAMP Coordinator in Lethbridge, Alberta as required by the Department. h. May request to see SSC cards as proof of access permission. 3. Program Host Conditions: a. Inability to Fulfill the Agreement: The Program Host will notify the RAMP Coordinator immediately if the Program Host is unable to continue fulfilling commitments pursuant to this Agreement. b. Termination and Default: Enrollment in RAMP may be terminated by the Department if the terms and conditions of this Agreement are violated. The Program Host may at any time voluntarily terminate this Agreement by contacting the RAMP Coordinator in writing with a request to cancel this Agreement. In the event of a cancellation of this Agreement, either by the Department or by the Program Host, all unpaid Access Impact Payment and Habitat Stewardship Payment will be forfeited to the Department. An annual compliance audit may be conducted prior to payment disbursement. This Agreement can be terminated by the Ramp Coordinator if the Program Host preferentially schedules hunter or angler access. 3

c. Department Access to RAMP to Schedule A Identified Lands: This Agreement permits Department staff to enter the property for the purposes of establishing and monitoring hunter use, administering RAMP and this Agreement, monitoring user activity, enforcing legislation relevant to hunter and angler access, and to conduct habitat health assessments. This Agreement does not relinquish the Program Host rights or control over property under his/her ownership or responsibility. d. Unscheduled Family Member Use of Type-R Properties: Immediate members of the Program Host s or Owner s family do not have to schedule access for Type R properties, but are asked to complete a RAC-SSC card each day they hunt or fish on the property. Unscheduled use of this property by family members must occur in conjunction with other hunter and angler to access the property. i. For the purposes of this paragraph: Immediate Family Member means a parent, grandparent, child, or grandchild of the Program Host and spouse, and includes legally adopted children and the spouse s siblings and siblings children. ii. Host Employees assisting with daily land management activities are also permitted unscheduled use if they are working on the property in a full-time or seasonal capacity. Family members and employees may also schedule access to Type R properties for exclusive access to that property during the scheduled days by using the scheduling system. All other persons must schedule use as required. Excessive exclusive family member scheduled access to a property may result in removal from RAMP and cancellation of this agreement at the discretion of the RAMP coordinator. e. Conditions of Access Also Binding on Family Members: Conditions of Access that restrict the species that may be hunted on a RAMP property must be followed by all licensed hunters accessing RAMP properties including the Program Host s family members. f. Access Management Plan Revisions: The conditions of access in the Access Management Plan may be revised by the Program Host once per year, coinciding with Agreement renewal. g. Type- R Access Limitation: A hunter or angler is limited to scheduling a maximum of 2 days use of a Type- R property and cannot rebook access to this property until these dates have passed. Hunters needing to retrieve wounded game after the end of their maximum 2 day scheduled access period on Type-R access properties may do so upon approval by the Program Host, who must also notify the next days scheduled hunting group(s), if applicable. h. Right to Deny Access: The Program Host retains the right to deny access to any person requesting access to a RAMP property. A Program Host who denies access to a user must report the incident to the RAMP Coordinator within one week. A Program Host who denies access for reasons considered unreasonable by the RAMP Coordinator will be considered to be in violation of the terms of this Agreement and may be subject to termination of this Agreement at the discretion of the RAMP Coordinator. The Department reserves the right to deny any hunter or angler access to all RAMP properties under RAMP. If the fire risk is severe, access can be temporarily restricted to foot only access. When extreme fire risk conditions exist, the RAMP Coordinator may agree to close access completely. i. Temporary Closure of Access: The Program Host retains the right to temporarily close access to the property in consultation with the Department, for land use activities that render it unsafe to provide public access or where public access conflicts with ranching or farming activities. 4

j. Access to Type R Imposed Properties: Only Alberta resident hunters and anglers may access Type-R Restricted access properties that have limits imposed on the number of hunting and angling groups per day. Any licensed hunter or angler is permitted to access type U-Unrestricted and Type-R properties that do not limit the number of users or groups. k. Property Uses Outside of Hunting and Angling Activities: Recreational access to Schedule A land for activities other than licensed activities related to recreational hunting and sport fishing is not governed by RAMP and the Access Management Plan Agreement. PART B: GENERAL TERMS OF THE AGREEMENT 1. Independent Contractor: The Program Host is an independent contractor and this Agreement does not establish an employeremployee relationship with the Program Host or any person employed by him/her for any purpose. 2. Hold Harmless Clause: The Program Host agrees to hold harmless the Department from any and all third party claims, demands, or actions, for which the Program Host is legally responsible, including those arising out of negligence or willful acts by the Program Host, and the Program Host s employees or agents. This hold harmless provision shall survive the Agreement. The Program Host further agrees to hold harmless the Department from any and all claims, demands, or actions, by the Program Host or third parties, for the good faith decisions or actions undertaken by Department staff in fulfilling the Department s obligations pursuant to this Agreement. This hold harmless provision shall survive the Agreement. 3. Representation and Warranty: The Program Host represents and warrants that the map attached as Schedule A accurately depicts the property and most of the hazards that the Program Host is aware of that pose a significant or unusual danger to RAMP users. 4. RAC-SSC: RAC-SCC refers to the two-part Recreational Access Card and Satisfaction Survey Card. The RAC portion must be completed by the users of the property and submitted to the Program Host or deposited in the Sign-In box to in order to be granted permission to access the property. The SSC portion also serves as proof of permission. 5. Department: Department means Alberta Sustainable Resource Development. 6. Program Host: Program Host means Owner or Owner s legally designated representative of lands being enrolled in the Recreation Access Management Program. 7. User: User refers to any hunter/angler accessing a cooperating RAMP property and anyone accompanying such a person. 8. RAMP Coordinator: The Department staff member that is responsible for managing RAMP. 9. Off-Highway Vehicle (OHV) Any motorized vehicle designed for cross country travel on land, water, snow, ice, marsh, or swamp land, or on other natural terrain. 10. Motor Vehicle (MV) Any motorized vehicle that is not considered an Off-Highway Vehicle. 11. Owner: A person who holds title to the privately owned land described in Schedule A. 5

12. Access Management Plan: Plan which contains access terms and conditions that are agreed to by the Department and Program Host based on RAMP. 13. Payee: Person or corporation which will receive payment for participation in RAMP. 14. Baseline Program Host Survey: Survey gathering baseline data for partial evaluation of RAMP. 15. Annual Program Host Satisfaction Survey: Annual Survey form which gathers information on Program Host satisfaction with their involvement with RAMP. 16. Type-R Imposed Hunter and Angler Inquiry Log Book and Access Schedule: A booklet provided by the Department which is used as a log for Program Hosts to schedule and record hunter and angler inquiries. This is used and submitted as a component of program evaluation. 17. Designated Owner Representative: For purposes of this Agreement, a Designated Owner Representative is an employee, family member or an individual with real property interest who, in signing this Agreement, acknowledges that he or she has been designated by the fee title holder as having the authority to enter this Agreement and utilize the lands described in it for the purposes of RAMP. 18. Execution: Each party has full authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party acknowledges that he/she has read this agreement, understands it and agrees to its terms. (Program Host 1) Sign and Print (Date) (Program Host 2 if applicable for partnership properties) Sign and Print (Date) (Program Host 3 if applicable for partnership properties) Sign and Print (Date) Witness -RAMP Coordinator (Date) (ASRD Expenditure Officer) (Date) *This Agreement will be binding only after all required parties have signed. 6