Friday, July 22, 2005

BC GOVERNMENT KILLS EAGLES FOR MARMOTS

Local mountains are home to the last of one of the world’s rarest mammals, Marmota vancouverensis, commonly known as the Vancouver Island Marmot. Today less than 80 live in the wild.

These cute fuzzy rodents are indigenous to Vancouver Island and live in sub-alpine meadows above 1000 meters where their preferred food is the flowers of low growing plants. They dig burrows under boulders which protect them from the elements and predators. They only venture out from their burrows at dawn and dusk to feed and play. In winter they hibernate deep below the snow.

Vancouver Island's largest marmot colony during the past 20 years, on Green Mountain near Courtney, went extinct in 2001. A foundation was set up to try and re-populate the region, spending $900,000 annually in this endeavor. 80 marmots have been bred in captivity near Calgary, however raising wild animals in enclosures does not prepare them for survival in the wild.

After being released from cages by BC Parks officials the young marmots are free at last to scurry through the natural vegetation, revel in the abundance of fresh flowers, and look out over the alpine meadow from rocky outcroppings. Then a predator lands on them and they become a part of the natural food chain. This has happened repeatedly.

In 2002-2003 the Ministry of WLAP acted on the BC Liberal’s 30% predator cull strategy to protect the Vancouver Island Marmot. Several deer carcasses were set as bait in the alpine meadows of Green Mountain. Men with high powered guns lay in wait, then shot and killed a total of six Golden Eagles.

Named for its beautiful dark golden brown plumage the Golden Eagle is larger than the Bald Eagle with a wingspan anywhere from 6 to 8 feet. Golden Eagles are protected in the United States through the US Fish and Wildlife Service. Possession of a feather or other body part is a felony with a fine of up to $10,000 and/or 10 years in prison.

It is illegal to shoot an Eagle in BC yet the Liberal government contracted men to kill 6 of these birds. BC Parks also trapped and killed 11 wolves and 5 cougar, in the vicinity of Green Mountain. The number of bear shot to protect this colony remains unknown. Island predator count estimates are based on the reports of hunter sightings. Is that sound and solid scientific evidence? Although the Marmot Recovery Team openly supports the culling of predators, they deny any responsibility or participation in the culling process because that was a matter for the government to administrate.

Most government and corporate reports would have the public believe that logging corporations are the saviors of these little critters and government is protecting them by shooting the ‘big bad’ predators. How many predators will be shot before they too are considered endangered? Through the power of ‘spin doctors’ the marmots have become a symbol of the logging industry’s compassion for the environment while the species comes ever closer to extinction.

The reality is that logging has devastated the forests of Vancouver Island. A maze of logging roads, clear-cuts, and eroded slopes has destroyed the natural corridors that connect various mountains. Marmots live in very small colonies of 10 to 20 animals. To avoid interbreeding the young males travel between colonies which are often mountains apart.

These small travelers rely upon the natural forested range to provide hiding places as well as the occasional open area where wild flowers can be eaten during the long journey. Logging has ripped open these natural corridors between mountains making it easier for predators to kill marmots. Helicopter logging makes it increasingly more dangerous for marmots as sub-alpine forests are cut down.

A recent photo opportunity highlighting the release of marmots shows that BC’s newly appointed Minister of Environment, Barry Penner, is very much aware of the ‘spin’ value of marmots. If you have questions please contact: barry.penner.mla@leg.bc.ca

Friday, July 08, 2005

DIRECT ASSERTION BY HUU-AY-AHT FIRST NATION FOLLOWING BC SUPREME COURT RULING IN THEIR FAVOUR

The mist gently rolled down the mountain side as the drizzle became a steady rain. Standing against the guide beam of a bridge over the Coleman Creek I witnessed the chiefs and elders of the Huu-Ay-Aht First Nation reaffirming the boundary of their territory which has been marked by this creek for thousands of years. They were met by chiefs and elders of other Nuu-chah-nulth First Nations, who were welcomed and invited to join in a celebration.

On the road to Bamfield, at the Franklin junction to Carmanah and Sarita, massive ‘off-road’ logging trucks, fully loaded with old growth trees, came to a halt and shut down their engines during a portion of the ceremony. The territory is public land, managed by the BC Ministry of Forests, licensed to Brascan, logged by Hayes.

During the past twelve years Huu-Ay-Aht First Nation have been negotiating in good faith with the Province of BC while logging continued and over six million cubic meters of old growth timber were removed from their ancestral territory, where these people have lived for 10,000 years.

In 1991 the BC government began a process to settle treaties with First Nations. In most parts of Canada treaties had been signed prior to confederation but in BC no such documents or agreements exist. First Nations in BC have never surrendered their lands to the colonialist power of England or the Nation of Canada. In April 2000 Federal and Provincial governments signed the first BC treaty with the Nitsga people. At that time there was hope that many more treaties would soon follow. Then the BC Liberals came to power. No more treaties have been signed to date.

The Supreme Court of British Columbia heard Huu-Ay-Aht First Nation verses The Minister of Forests. On May 10, 2005 The Honourable Madam Justice Dillon ruled; “In this case. The government did not misconceive the seriousness of the claim or the impact of the infringement. It failed to consider them at all. The government acted incorrectly and must begin anew a proper consultation process based upon consideration of appropriate criteria. “

Madam Justice Dillon went on to state; “The level of potential infringement of rights to timber resources is severe given the harvest rate contemplated by third parties over the next five years.”

In her analysis Madam Justice Dillon refers to several recent rulings: Haida Nation v. BC(Minister of Forests) (2004), Taku River Tlingit First Nation v. BC(Project Assessment Director) (2004), Squamish Indian Band v. BC (Minister of Sustainable Resource Management) (2004), Gitxsan Houses v. BC(Minister of Forests) (2002)

There appears to be a pattern emerging with these court cases, which have all ruled in favour of First Nations, whereby the Judge orders the government in the province of BC to follow the rules of law. Negotiations continued, no changes were forthcoming, resources continued to be extracted, and big business continued to make lots of money. No treaties have been signed. Isn’t the government supposed to abide by the law?

“The process itself is to be judged on the reasonableness standard with the essential question being whether the government action viewed as a whole accommodates the collective aboriginal right in question.  The government’s process must be reasonable.”  Hall J.A. admonished in Musqueam Indian Band v. British Columbia (Minister of Sustainable Resources Management), 2005

Robert Dennis, Chief Councilor of the Huu-ay-aht, said; “We believe our non-native friends have a responsibility of phoning the government and saying: settle that issue....get on with fulfilling your legal responsibility...”

You can find daily updates and more information at: www.huuayaht.ca