NWT - Some aboriginal hunters who plan to defy recently imposed hunting restrictions might test the GNWT's ability to enforce a no- harvesting zone spanning more than 120,000 square kilometres.

Michael Miltenberger: Minister of Energy and Natural Resources has imposed hunting restrictions on the Bathurst caribou herd, effective Jan 1. - NNSL photo

In an emergency measure, the minister of Environment and Natural Resources (ENR) has cancelled all barren-ground caribou hunting in a conservation area approximately twice the size of New Brunswick.

The restrictions, announced Dec. 17, also affect aboriginal hunters and will go into effect Jan. 1.

All harvesting will be closed in the no-hunting zone stretching north of Yellowknife ? from the Tlicho winter road to Gameti, east to the Hoarfrost River in the East Arm and north to Nunavut.

In addition to the conservation area, commercial tag, non-resident and resident harvesting will be off limits in the North and South Slave regions.

"Using the best information available, we have determined the most reasonable conservation method is to limit the harvest of caribou from the Bathurst herd," Minister Michael Miltenberger stated in the release.

At least one aboriginal hunter says he's going to hunt anyway.

"For Dene people, we really cannot stop. It's just the way life goes for us," said Bobby Drygeese, a band councillor with the Yellowknives Dene First Nation. "The majority of time the Dene people, we hunt for our families, we just take what we need, we don't take extra meat or extra caribou."

Drygeese said he expected an uproar among First Nations communities who live off the land.

Miltenberger, who spoke to News/North from the climate change conference in Copenehagen, said ENR has been indicating for several months that "appropriate restrictions" would be put in place to "give the herd every opportunity to recover and survive," given the data that had been collected which indicated a major decline.

"Yes, some people won't like it," said Miltenberger adding ENR would be hiring additional staff to help enforce the hunting ban.

"We're going to rely on people, as well, and common sense and recognition that we all have an interest to protect the herds here, and we think we'll be able to be successful," said Miltenberger.

"If somebody, over the time that (the hunting ban) is in place, is found to be not following the rules, then there's a process that will go into play," said Miltenberger, adding that people in violation of the ban could be charged under the wildlife act and put through the legal system.

Leon Lafferty, a former chief of Behchoko, is not impressed by the ban and said it is not going to work. Like Drygeese, Lafferty said he will test the government's conviction to charge aboriginal hunters.

Lafferty said he personally will not abide by the ban and will hunt inside the restricted area, saying he has to put food on the table.

"I've got a treaty right to hunt wherever I please," he said, adding a lot of people have the same opinion. "I'm going to shoot a caribou, and turn myself in and see what happens."

The former chief believes there has not been an actual decline in the Bathurst herd. Instead, he suggested the caribou have simply migrated east into the Ahiak herd.

Lafferty said, while there was consultation with the Tlicho Government, there was no consultation with the people about the hunting ban.

"I don't feel confident everybody knows and is aware of it," he said.

Lafferty, who is also a former MLA, is disappointed in the legislative assembly as well, which he said is majority aboriginal.

"They're failing their own people," he said.

Grand Chief Joe Rabesca of the Tlicho Government said he doesn't like the hunting ban, but he understands it and will encourage people to abide by the law.

"We're not supporting it as a government, but the territorial government had to make a decision because the caribou are in decline," he said.

Rabesca said Tlicho people can still hunt caribou outside the hunting ban area.

"If they said we could not shoot caribou, there would be an uproar among people," he said.

Rabesca added the territorial government has agreed to help pay for gas for Tlicho hunters who want to travel to harvest caribou outside the area of the ban.

The grand chief added the Tlicho Government was consulted by the GNWT on the issue, noting there were three meetings just this month.

Rabesca said it is now up to the Department of Environment and Natural Resources (ENR) to explain the ban.

"Our people don't like it, but it's now education time," he said, noting ENR officials are to visit Tlicho communities for meetings at undetermined dates.

"We can live with it," he said. "It's only temporary."

But that might not be the case. Miltenberger said ENR had hoped the report on Bathurst caribou management by the Wek'eezhii Renewable Resources Board would be out before the start of the new year, but because its completion is now not expected until March, the department decided to put the restrictions in place before the winter hunt starts.

Even if the Wek'eezhii Board recommends aboriginal hunting restrictions be lifted, Miltenberger would not guarantee the recommendations would be followed.

"Let's give the board its chance to do its work and not speculate on the outcome," said Miltenberger, speaking to News/North from Copenhagen on Friday morning.

"It is our opinion based on the science and numbers we have and traditional knowledge, that we can't afford to wait for another hunting season to run its course," said Miltenberger.

Miltenberger said the department has been "working extensively for weeks" with the various bands and regional chiefs around the NWT, as well as Bill Erasmus, regional chief of the Assembly of First Nations for the NWT.

"The regional leaders met over in Dettah a few weeks back, which was myself and the premier and representatives from the Inuvialuit, the Gwich'in, the Sahtu, the Akaitcho, the Metis, and the Dehcho were all there," said Miltenberger.

He said they discussed the NWT's caribou herds and said there was "significant concern" and a consensus that steps need to be taken.

"For them to close down aboriginal harvesting, this is how people there eat. They don't have the right to do that," he said.

Amanda Peterson, an outfitter whose family runs the Peterson's Point Lake Lodge, located approximately 350 km north of Yellowknife, said she was disappointed the government had made the decision prior to public consultations scheduled for February.

"I understand the precautionary measure but it's deflating because it's almost like a decision has been made. How does a minister modify this," she said, adding from her experience, she has only ever seen healthy caribou. She said she doesn't think the benefit of cancelling the commercial hunt will make up for the huge loss her family and employees will be facing this winter.

In November, the Tlicho and territorial governments released a joint report that proposed a ban on caribou tags for commercial, resident and outfitter hunts until 2012. Public hearings regarding the proposal were supposed to give interested parties the opportunity to air concerns. A long list of intervenors, including outfitters signed up to speak.