Decision Date: November 29, 2011
Panel: Carol Brown
Keywords: Permit Regulation – ss. 2(p), 6(1)(a), 6(4); Hunting Regulation – definition of “tine” or “point”, Schedule 7 – s. 13(5); possession permit; moose antlers
Chad Hayward appealed a decision of the Regional Manager, Recreational Fisheries and Wildlife Programs, Peace Region, Ministry of Forests, Lands and Natural Resource Operations, denying his application for a permit to possess a cape and set of antlers from a moose that he had harvested. The Regional Manager concluded that he had no authority to issue a permit because Mr. Hayward had harvested the moose contrary to the Hunting Regulation. Specifically, the moose did not have at least ten tines or points on at least one of its antlers.
Before shooting the moose, Mr. Hayward had viewed its antlers. He believed that the left antler did not have ten tines, but the right antler had ten tines, which would make the moose legal to harvest. Subsequently, a taxidermist advised him that some of the tines may not meet the legal definition of “tine”. Mr. Hayward took the cape and antlers to the local Conservation Service office for inspection. A Ministry Wildlife Biologist determined that neither of the antlers had ten tines, and therefore, the moose was harvested contrary to the Hunting Regulation.
On appeal, Mr. Haywood submitted that the Regional Manager had the discretion to issue a permit, because there was a small deviation in the size of the tines on the right antler from the definition of “tine” in the Hunting Regulation. He also submitted that a different method of measuring the tines ought to be adopted, which would allow him to obtain a permit. Mr. Haywood requested that the Board order the Regional Manager to issue him a permit to possess the cape and antlers.
The Board found that the measurement method proposed by Mr. Haywood was inconsistent with the definition of “tine” in the Hunting Regulation and diagrams in the Ministry’s 2010-2012 Hunting & Trapping Regulations Synopsis, which provides guidance on how to measure a tine. The Board found that, although there may be limited opportunity for a hunter to count the tines before deciding whether to shoot, the evidence of two Ministry Wildlife Biologists and the photographs of the antlers clearly established that neither of the antlers had ten tines.
Next, the Board considered whether there was any discretion under the Permit Regulation to issue Mr. Hayward a permit to possess the antlers. The Board found that, although Mr. Hayward had no intention to harvest the moose contrary to the Hunting Regulation, there was no legal authority under the regulations to issue a possession permit to Mr. Hayward under these circumstances.
Accordingly, the appeal was dismissed.