Kerry McCluskey
Northern News Services

Iqaluit (June 03/02) - The Amarok Hunters and Trappers Association in Iqaluit is determined to close the Sylvia Grinnell River to all traffic this summer.

But the decision - one that is extremely complex and involves several government agencies - is not sitting well with residents who use the river for recreational boating.

David Ell, chair of the HTA, says the organization's members voted in December to close the river for five years beginning this summer.

While a small stretch will remain open to provide a food source for Iqalungmiut, members asked that most netting and snagging, and all boating activity, cease.

Despite a similar five-year closure between 1982 and 1987, the river's fish population never fully recovered from commercial fishing operations, which ceased in 1966. The HTA hopes a second break will give the ailing fish stocks a chance to rebound.

"We don't want it used for recreational use. We want it to be a place for fishing," said Ell, adding that elders in Iqaluit believe boats interfere with fish life cycles.

Ell said decisions concerning how the HTA wants to proceed with the closure will be made at a regular board meeting scheduled for this Tuesday, and then presented to their membership.

While any bylaws they create will govern the actions of HTA members - only Iqaluit beneficiaries are eligible to join - non-members are not required to follow HTA rules.

Ell says they plan to ask non-Inuit residents of Iqaluit to comply with the closure, but he adds that they are consulting with the Coast Guard and the Department of Fisheries and Oceans to see if legislation exists that would support their request.

Stephen Sherburne, a boating safety officer with the Coast Guard, says the agency is looking into the matter. He adds, however, that the only restrictions available are when property or human safety are at risk.

While the legislative process for the closure is unclear because it has not been used in Nunavut's three-year history, it is likely it will require approval of the Nunavut Water Board. As mandated by the Nunavut Land Claims Agreement, the board regulates freshwater use in the territory.

Protected by land claims

But at least one HTA non-member believes his right to operate a boat in the river is guaranteed in the land claim agreement.

Glenn Williams operates a jet-boat tourism business on the Sylvia Grinnell. He says his boat does not interfere with the life cycle of the fish and that he plans to continue to run it on the river this summer.

He says not only is he exempt from HTA bylaws, but he said he has the right to continue operating as outlined in Article 21 of the agreement. That article guarantees public access to navigable water bodies in the territory.

"I haven't seen anything that indicates this bothers the fish. The HTA has to demonstrate a reason for closing the river," Williams says.

Suzanne Laliberte, president of the Frobisher Bay Kayaking Club, is also upset at the possibility of being asked to not use the river.

"It makes me sick because kayakers are probably the people who treat the river the healthiest," says Laliberte. Kayaks don't use oil or fuel, run on human and not engine power, and stay on the surface of the water.

The club uses the river rarely, she adds, and when they do make an appearance, she teaches the youth - who are mainly Inuit - to clean up the large amount of garbage left behind by campers.

"If they want to close the river to kayakers who are clean, then it should be closed for everybody else - for camping or anything," she says.

Waters less muddied

The situation is more clear when it comes to closing the river to fishing.

A fisheries management biologist with DFO's Iqaluit office says her department is asking for legal advice on the legislative regime.

"Because the HTA wants this, we're looking to see if there are regulations that support the choice," says Karen Ditz.

While DFO rarely gets involved if there is a lack of legislation, they do have an interest in the river's ecology.

And, while traditional knowledge supports the closure, there is little scientific information to either support or deny the action. DFO, the HTA and Southern research partners are in the process of planning what will likely be a three-year study of the stocks in the river. That work will begin this summer.

Furthermore, the land claim agreement requires the HTA obtain approval for the closure from the Nunavut Wildlife Management Board.

Ben Kovic, the chair of the NWMB, says his board will review the matter once the application is received. While its next meeting isn't scheduled to take place until September, the board may call a teleconference.

"If we approve it, we send it to the minister of fisheries and oceans and he accepts or rejects the application. Then it comes under the Fisheries Act," says Kovic.