• Gerald Hansen v. Regional Manager

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    Decision Date: August 15, 2001

    Panel: Alan Andison

    Keywords: Wildlife Act – ss. 2(1), 2(2), 19(1); Permit Regulation – ss. 2(k), 2(p), 5(1), 6(1), 6(3); golden eagle; permit for possession; transfer of property

    Gerald Hansen appealed the decision of the Regional Manager refusing to issue him a permit for a dead golden eagle that he found. Mr. Hansen asked that the Regional Manager’s decision be set aside, and that he be issued a permit to possess the eagle.

    The Board found that Mr. Hansen did not qualify for a possession permit under section 2(k) of the Permit Regulation, which allows persons to possess wildlife for ceremonial, societal or educational purposes. The Board agreed with the Regional Manager that section 6(1)(c)(i) of the Regulation restricts a Regional Manager, subject to subsection 6(3), from issuing a permit under section 2(p) specifically for eagles. Since Mr. Hansen failed to provide evidence that he was acting as an agent for a school or any scientific institution under section 6(3), he was not entitled to a possession permit under this section. The Board also found that there were no special circumstances that justified granting a permit under section 6(1)(b) of the Regulation. Lastly, the Board considered the matter under section 5(1) of the Regulation and concluded that issuing a permit for the eagle would be contrary to the proper management of the province’s wildlife resources.

    Accordingly, the Board confirmed the Regional Manager’s decision. The appeal was dismissed.