A12 - The Terrace Standard, Wednesday, March 20, 1996

Gov't sued over hunt rules

A guide-outfitting company is suing the B.C. government for negligence in setting hunting restrictions in the Kidope protected areca.

‘West Coast Safari and guide Bob Stafford have accused the Ministry of Environment, Lands and Parks of illegally imposing a quota on their guiding licences within certain areas of the Kitlope.

They want the province to be held accountable for the losses and damages resulting from the guiding restrictions imposed on May 4, 1994.

The four-day trial was held in B.C. Supreme Court in Smithers before Justice David Tysoc.

The plaintiffs claimed that the director of the wildlife branch of the ministry, Ray Halladay, had no legal authority to reduce the harvest of grizzly bears to only two a year without consulting stakeholders in the area. _

Prior to the quota, Stafford'’s outfitter licence allowed him a harvest of 13 grizzlies over three years, but no more than nine in any one year.

Lawyer Tom Buri said the government’s questionable decision caused a loss of business for his clients and smeared their reputation with clients.

Halladay testified that he made the ruling based on a study done by wildlife consultant Wayne McCrory on the grizzly bear population in the Kitlope, He said he made his decision in accordance with the Wildlife Act, and to ensure he was within his jurisdiction sought legal advice from provincial lawyers.

The McCrory study concluded that the Kitlope grizzly bear population is on the decline and recommended con- servation procedures be immediately applied. That led to a moratorium on hunting grizzlies in cerlain portions of the Kitlope effective March 11, 1994.

Halladay followed that decision by reducing grizzly har-

vest in the unrestricted arcas of the territory on May 2. But he rescinded that order on May 29 on advice fram legal counsel.

In his cross examination of Halladay, Buri accused the director of being negligent in imposing the restriction or- der without considering stakeholders in the territory who would be affected by his ruling,

Halladay admitied that under normal circumstances he would have met with the outfitters ta discuss the changes. But he said conservation concerns and the fact that hunting season had already begun forced him to act fast.

Buri also suggested Halladay was pressured to make a decision by the Haisla Nation who were upset with the ministry for nol consulting them about the transfer of the territory's guiding certificate to West Coast in August 1993.

The Haisla wanted to bid for the certificate which gives the holder exclusive guiding rights to the territory.

Halladay denied the allegations and stressed that his de- cision was based on conservation, not politics,

The ministry’s regional director Dick Anderson, and for- mer Fish and Wildlife regional manager Allan Edie also gave evidence at the trial, Both told the court about their teluclance to support Halladay’s decision.

Buri and Crown prosecutor Doug Eastwood will give their written arguments to Justice Tysoe by the end of this week.

A decision is expected in two to three weeks,

Located south of Kitimat, the Kitlope is expected ta be- come a provincial park this spring, The coastal infet has been protected from logging since 1994,

Early this month the province and the Haisla, whose tra- ditional territory takes in the Kitlope, announced a joint Management agreement for the area.

Public to have say in park plan

By MALCOLM BAXTER THE PUBLIC will be involved,in the drawing up of any maiagement plan for the Kitlope, says Mike Murtha, BC Parks’ northern regional planning manager. .

Under the agreement between the province and Haisla, a seven-member committee will be respousible for putting logether the management and annual operational plans for the prolected area southcasl of Kitimat.

ft will also put forward recommendations on the issuing of parks use pennits and their terms.

But in deing so, the committce will follow the normal public planning process. ‘‘Everyone has a say,” said Murtha,

In Jine with its Class A Park status, mining, logging and hydro projects are banned within the Kitlope, Noting those were the only firm prohibitions, Murtha said the committee could consider any kind of recreational activity in terms of what kind and bow much of each should be permitted.

Noting current use is limited to some fishing, sightseeing and hunting, he suggested the rugged nature of the area and its location would likely keep it that way.

As for what happens with angling guide and puide- outfitter operations currently going inta the area, that issue would be addressed in drawing up the management plan.

However, one thing was-certain, ‘We're not: going to

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cance] everything and start all over again,’’ said Murtha.

The agreement also calls for the province and Haisila to “to identify commercial, economic and employment op- portunities for Haisla people in ways which are consistent with the purpose and objectives of the eswblishment and management of the Conservaucy.’’

Murtha emphasized that did not imply any exclusivily for the Haisla. ‘‘We would not do that and we cannot do that,’? he said, adding the wording was similar to that found in a number of other co-management agreements around the province.

Murtha pointed oul there are a few things that have to be done yet before the planning process can get underway.

The Haisla and the province first have to select their three representatives on the committee, Those six then have to pick a mutually acceptable chairman aud sct a date for the first meeting. .

He hoped that meeting could take place in the early spring before Parks’ operational year began.

And, Murtha noted, there’s also the question of how much money in this year’s Parks branch budget will be earmarked for the Killope. ,

The current agreement will remain in effect until a Haisla

treaty with the provincial and federal governments is ratified.

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