Resistance to what some first nations have called a land grab by big game outfitters is growing rapidly, according to letters sent to Premier Dennis Fentie.

Grand Chief Andy Carvill of the Council of Yukon First Nations is requesting that Fentie quash the new Big Game Outfitting land application policy, and get back to the drawing board.

The policy released last October, the grand chief writes in last Tuesday's letter, has come out of the blue as the result of a cursory public review conducted by the federal government several years ago.

It's a policy formulated without the required consultation with first nations, and could have serious legal ramifications for the Yukon government, Carvill suggests in his two-page letter on behalf of the 11 first nations that have settled land claims.

'Based on the foregoing, the CYFN leadership requests that you rescind the current big game outfitter land application policy and commit to develop a new policy with Yukon first nations that balances the interests of all, respects the aboriginal and treaty rights of Yukon first nation citizens and promotes sensible land use and management,' says Carvill. 'The current policy is flawed and will only foster confrontation and conflict.'

Fentie has not returned requests for an interview about the letters.

The premier, however, has defended the new policy, when questioned in the legislature, as nothing more than a policy to provide a record of land tenure for uses that are already occurring.

This process should not be a surprise to anyone, as the matter of land tenure for outfitters has been an issue for decades, and was brought to the consultation stage by the federal government in the early 2000s, the premier has insisted.

Fentie has indicated that finalizing the policy, and accepting applications, is a matter of finalizing old business, not initiating new business.

In response to questioning in the legislature last Tuesday by Opposition Leader Arthur Mitchell regarding the grand chief's letter, Fentie replied:

'Once again, at the risk of being repetitive, I will respond to the leader of the official Opposition with the facts. This has been a long, arduous process. Much has been discussed. A tremendous amount of consultation has taken place, not only with first nations but with other stakeholders Yukoners in general and the industry in question.

'I think it's fair to say that, considering all the work to date and the transfer of this file from the federal government vis--vis devolution in April of 2003, this government is not going to renege on work done to date and commitments made already. We're proceeding, and the application process also provides further opportunity for those who want to provide comment to do so.'

Fentie is handling the outfitter issue on behalf of Archie Lang, the minister of Energy, Mines and Resources, whose department is responsible for land-related matters. Lang has declared a conflict in the issue, as he has an interest in one of the territory's 19 big game concessions.

Historically, under the jurisdiction of the federal government, 18 leases of different types were issued to 12 of the concession holders, the last of which was issued in 1992, according to the information from the lands branch.

Chief Jack Caesar of the Ross River Dena Council heads one of three Yukon first nations without a land claim settlement. He reminded the premier in a letter sent last week of what the chief called legal obligations about dealing with land in traditional Kaska territory.

The Yukon government, Caesar says, should not grant Lone Wolf Outfitting Ltd.'s application for a base camp site of one hectare along the shore of Big Salmon Lake.

While many of the 47 sites the outfitting business is applying for are not in Kaska territory, the Ross River Dena Council is very aware of the concerns raised by other first nations regarding the application, Caesar writes.

'In any event, we look forward to receiving confirmation that the Government of Yukon intends to honour its duty to consult the Kaska prior to making any decision to grant third parties tenure to land in our unsurrendered traditional territory.'

In written submissions to the Lone Wolf application the first received under the new policy several first nations and local renewable resource councils have asked the Yukon government to halt any further consideration of the Lone Wolf application.

At the very least, applications under the big game outfitter policy should be directed through the new process under the Yukon Environment and Socioeconomic Assessment Act (YESAA), the first nations recommend.

The lands branch, however, has indicated that applications for land tenure by outfitters for their existing sites do not trigger a YESAA review because it's not a new development requiring permits or authorization.

Under section 48 of the assessment act, the territorial cabinet has the authority to request a YESAA review for any activity on land for which it 'has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken.'

The first nations argue that without YESAA, and with no more territorial land advisory review committee, there will be no public forum. The government, they fear, will be left to take the comments received and arrive at its own decision behind closed doors.

Providing first nations with 45 days to comment on an application for 47 sites with very little information on each site is not acceptable, first nations have indicated.

There are concerns that many of the sites applied for are the same that the Yukon's aboriginal people have been using traditionally, as they are the sites along lakes and rivers that are most accommodating for wilderness travel.

They are some of the same sites that wilderness travellers use today, as they are the preferred sites in remote areas where there are only a handful of locations suitable for landing a watercraft, camping and such, according to written responses to the application.

Questions have been raised by first nations and others regarding the need for 11 base camp leases for one outfitting concession, as well as the need to have up to four hectares for a single base camp.

The Yukon Wilderness Tourism Association has asked that big game outfitting businesses be restricted to big game outfitting until a similar land-tenure policy is developed for wilderness tourism operators.

It's been noted in submissions, however, that Lone Wolf is already operating a year-round tourism business in its concession, and the business advertises year-round opportunities on its web site.

Written comments from a Teslin couple on the Lone Wolf application indicated that a request for one spike camp smaller tent-frame site is unknown to them, though they've been flying in and out of the same area for 20 years.

Longtime Yukoner Dan Cable, in his written submission to the application, says that until the government reinstates its policy to accept applications from everyday Yukoners for spot recreational site, it shouldn't be providing outfitters with land tenure agreements.

'If you want to avoid conflict by allowing a select few to access land then your approach is flawed,' Cable writes.

'I think if you are going to open up land use then you need to open it right up with planning and land designations for specific purposes, otherwise you reward some select few insiders and keep the vast majority out of the loop.

'It is time to return to spot land applications in the territory for more than just successful lobbyists.'