• Brian Charlton v. Regional Manager

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    Decision Date: April 27, 2004

    Panel: Alan Andison

    Keywords: Wildlife Act – ss. 48, 51, 60(1); guide outfitter licence; quota; mountain goats; transfer of unused resident hunting opportunities

    Brian Charlton appealed the decision of the Regional Manager issuing to him an annual quota of six mountain goats and a three-year allocation of six goats; he sought an increase in the three-year allocation to seven goats.

    Mr. Charlton submitted that an increase in his allocation was warranted on the basis that the Ministry had underestimated the mountain goat population in his territory, and that hunters had not taken the allowable harvest for mountain goats in the Kootenay region.  He further submitted that his allocation should be increased on the basis of Ministry policy allowing the Regional Manager to transfer hunting opportunities to non-resident hunters where resident hunters have harvested fewer than their allowed number of goats in the previous three years.

    The Board accepted the Ministry’s evidence of a decline in the region’s mountain goat population since 1994 and found it was prudent for the Regional Manager to issue allocations based on the conservation needs of the region, rather than the goat population levels within individual guiding territories.  The Board further found that application of the transfer policy without considering regional population trends may be contrary to the Ministry’s objective of conserving the mountain goat population and managing the resource for the benefit of guide outfitters and other stakeholders.

    The Board upheld the Regional Manager’s quota and allocation, and dismissed the appeal.