SOMBA K'E/YELLOWKNIFE - Caribou outfitters could face hefty fines from the territorial government for booking or advertising hunts in the no-hunting zone set up to protect the Bathurst herd, even though no official decision has been made on whether this fall's hunt will be cancelled.

Sent by the Department of Industry, Tourism and Investment, the letter, dated April 8, was part of the 2010-2011 tourism operator licence renewal package and stated a new condition had been included in the licence: that no operator may "conduct or offer activities in areas where prohibited under legislation relating to Wildlife Management in the Northwest Territories."

Sent to a local hunting lodge owner, the letter states the condition was put in place because of the reduction in caribou "tag allocation to zero for outfitted hunts" in the interim no-hunting zone, established north of Yellowknife all the way to the Nunavut border on Jan. 1.

If outfitters continue to advertise or book hunts, it could result in charges under the Tourism Act and loss or suspension of the operator's licence. A first offence under the act could result in a maximum fine of $10,000 or six months in prison - or both.

"It's absolutely ludicrous," said Montana-based outfitter John Andre of the letter, adding the move undermines the decision of the Wek'eezhii Renewable Resources Board on what management actions, if any, will be taken to protect the Bathurst herd. "What's the point of the board?"

Under section 21 of the tourism regulations, a document connected to the Tourism Act, it states a tourism operator cannot publish advertisements containing statements, illustrations or photographs that are "true but are untrue, deceptive or misleading, or are intentionally so worded or arranged that they are misleading or deceptive."

Kevin Todd, Industry, Tourism and Investment's regional superintendent for the North Slave Region said the department doesn't "intend to come down hard on people" but wants to make sure outfitters understand the consequences of advertising. He also said the risk of advertising and booking hunts could cause risk to the GNWT and further financial liability under the tourism operator assurance program.

"There are no caribou hunts in the North Slave and right now, that's accurate," said Todd, adding that the condition could change in the future if tags become available again. "It will minimize their risk if they don't book, and that of the GNWT."

Todd said the problem is outfitters could be selling hunts that they might not be able to deliver on.

"It's really problematic," he said. "Our mandate is to work with both the tourism operators and the tourist so you want to make sure that you're selling stuff you can actually deliver. It's unfortunate, this whole situation with caribou."