The territory’s assessment board is recommending the rejection of another application for land near Jake’s Corner out of concern for the Carcross caribou herd.

The board also recommended rejection a few years ago of an application from the Yukon Fish and Game Association for land in the area to build an outdoor education camp for youth, out of concern for the caribou.

It was the same concern that prompted the board to recommend last year that an application by a placer miner to mine his claims along Judas Creek be denied.

The current application is for a 2.4-hectare parcel of land immediately south of the Jake’s Corner development for residential purposes.

“It was determined that Project would result in significant adverse effects to wildlife and wildlife habitat as well as First Nation land uses, in particular as they relate to project effects on the Carcross caribou herd,” reads Wednesday’s recommendation to the Yukon government.

“Furthermore, it was determined that the significant effects of the project to caribou, and subsequently the effects to traditional and cultural interests, could not be mitigated.”

The Yukon government has 30 days to accept, reject or alter the recommendation issued by the Teslin office of the Yukon Environmental and Socio-economic Assessment Board.

Submissions opposing the application were received from the Carcross-Tagish First Nation, the Taku River Tlingit First Nation of Atlin and the Carcross-Tagish Renewable Resource Council.

Environment Yukon also submitted its concerns about the potential impact on the Carcross caribou herd.

The general area on both sides of the Alaska Highway north and south of Jake’s Corner serves as a migration route between the caribou’s winter and summer ranges, and also serves as a portion of the winter range.

The Carcross caribou herd has been in trouble for well over 20 years – so much so that the Southern Lakes Caribou Recovery Program was initiated in 1993 when the herd was estimated at 400 animals.

Historical research suggests the Southern Lakes caribou once numbered in the thousands.

It’s been said it was almost like Nares Mountain overlooking Carcross was alive and moving when the caribou passed through. But overhunting and alienation of caribou habitat have taken their toll.

Arguments against increased land use in the caribou range suggest alienating more habitat will have a negative impact on the caribou and the recovery efforts.

The Taku River Tlingits, however, also argue the land in question is part of their traditional territory that is still subject to an unsettled transboundary land claim that has been on the books since 1983.

Allowing further development would be an infringement on their aboriginal rights and title to the land, says the submission from the Taku River Tlingits.

“Each year, more and more TRTFN Traditional Territory in the Yukon is lost to development or otherwise removed from future settlement consideration,” reads the First Nation’s submission.

“The TRTFN simply cannot consent to new projects with large footprints of disturbance, especially those with unreasonable impacts upon TRTFN aboriginal title – including the right to exclusively use and occupy the lands in question.”

The submission says if the assessment board were to recommend approval of the land application, the approval would pre-empt the Yukon government’s commitment to provide interim land protection over the Tlingits’ traditional territory in the Yukon.

The commitment, says the First Nation’s submission, was made in March in a letter to Louise Gordon of the Taku River Tlingits.

Premier Sandy Silver was unavailable today to discuss his government’s commitment to provide interim land protection; whether the intent is to provide a complete or partial withdrawal of the traditional territory from future land use applications.

In early May, for instance, the government implemented a no-development zone along the Alaska Highway corridor north and south of Jake’s Corner, including the land being applied for.

The government’s land branch notes the creation of the no-development zone in its submission to the assessment board.

The submission says the no-development zone will be in place for 12 months, during which time no applications for land inside the zone will be accepted.

The submission from the Taku River Tlingits also says the one- or two-kilometre stretch along the highway on either side of Jake’s Corner has significant economic and social development potential.

If ever the First Nation were planning on developing a property along the highway corridor to direct tourism traffic toward Atlin, the very parcel of land being applied for would be the perfect location, says the submission.