SOMBA K'E/YELLOWKNIFE - A caribou outfitter says the new NWT Species at Risk Act is ploy by the territorial government to shut off the tap on information about herd numbers, a major bone of contention in recent years.

Outfitters and the government are at odds about the number of caribou roaming the tundra.

The government says they're in decline while outfitters argue the government is playing name games with the herds, particularly the Bathurst herd, of which outfitter John Andre and others say a large number have been re-designated as the Ahiak herd, which is the real cause behind the Bathurst decline.

Andre, an outfitter from Montana, U.S. with a caribou camp 320 km northeast of Yellowknife at Courageous Lake, said the new legislation that will go before MLAs in 2010 for a vote will give unprecedented power to control information pertaining to any species of animal in the NWT.

Section 146 of the act states the minister of Environment and Natural Resources can withhold information on any group of animals, even those not deemed at risk, if the "disclosure of the information could result in an additional risk to, or could be detrimental to, the survival or recovery of a species."

"This is dangerous as hell," said Andre, adding the legislation is vague and could allow the minister at the time, currently Michael Miltenberger, to restrict the release of critical information about caribou herds to outfitters or the public.

"When you start giving the management authority to have the power to do this stuff, that's bad."

The government refuses to guarantee whether outfitters will receive caribou tags for next year's hunt after reporting a decline in the number of breeding female caribou from the Bathurst herd to 8,000 animals in 2008, a sharp drop from 46,000 breeding females in 2006.

The territorial act states the minister can act in any way he sees fit to conserve a species without the agreement of the management authority, which includes the GNWT, federal government, any co-management boards and the Tlicho government.

The management authority then has one year to review the minister's decision, something Andre said would give the GNWT the opportunity to put a stranglehold on the $4 million-a-year outfitting industry.

Andre is also concerned about the commercial fines imposed if a hunter out with one of his guides kills an animal that is listed as being at risk. The maximum commercial fine is $1 million.

"If I'm in this business and I'm subject to this kind of stuff I can't afford to be in the business and put my whole career at risk," Andre said. "(The act) is so powerful."

Susan Fleck, director of wildlife for the Department of Environment and Natural Resources, said the environment minister would have to prove information being withheld is being done for the right reasons.

"The way it's set up, it's set up so there is a test," Fleck said.

"The test is if it involves additional risk. So, you would have to demonstrate that the information is not being released because it results in additional risk in survival or recovery."

However, upon reading the section on disclosure of information, no explanation of the process on withholding information is conveyed, stating only that "the minister considers that disclosure of the information could result in an additional risk."

According to Fleck, each species would be assessed on a case by case basis.

"What you might hide, or not disclose is what we're doing right now and that's issuing current information on location during harvesting season. If you consider harvesting to be a risk of the recovery of a species.

"If we believe releasing current, up-to-date information would be harmful to the recovery of a species than we would not release that."

Kam Lake MLA Dave Ramsay, who is chair of the standing committee on economic development and infrastructure - the five-member committee in charge of developing the act - said he isn't concerned about the powers given to the environment minister to restrict information.

"I can't see a minister suppressing information, and if he is and it's to the detriment of an industry and to people who have made a livelihood at this, he's not going to be a minister for very long," said Ramsay. "People are going to get upset."

Ramsay said if information was being suppressed, members would begin to stand up and demand it be released.

"The minister, even though it's in legislation, would be skating on thin ice," Ramsay said, adding the spotlight on caribou, their numbers and the future of the outfitting industry should keep the minister from making any sudden moves.

"Making decisions ... without proper information would be foolhardy, especially when it comes to an industry.

"All the evidence and information needs to be on the table before a decision can be made."