• Don Malenstyn v. Regional Wildlife Manager

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    Decision Date: March 12, 2002

    Panel: Alan Andison

    Keywords: Wildlife Act – s. 2, 19(1), 33(2); Permit Regulation – ss. 2(k), 2(p), 5(1), 6(1), 6(3), 6(4); bald eagle; permit for possession; transfer of property

    Mr. Malenstyn appealed the decision of the Regional Wildlife Manger refusing to issue him a permit for a dead eagle that he found. Mr. Malenstyn asked that the decision be set aside, and that he be issued a permit to possess the eagle.

    The Board found that Mr. Malenstyn 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 also found that there were no special circumstances that justified granting a permit under section 6(1)(b) of the Regulation. The Board agreed with the Regional Manager that section 6(1)(c)(i) of the Regulation restricted him, subject to subsection 6(3), from issuing a permit under section 2(p) transferring a right of property in eagles. Since Mr. Malenstyn failed to provide evidence that he was acting as an agent for an educational or scientific institution under section 6(3), he was not entitled to a permit under this section. 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 appeal was dismissed.