Decision Date: May 17, 1999
Panel: Marilyn Kansky
Keywords: Angling Guide Licence, Angling Guide Operating Plan, tributaries, classified and unclassified waters; Angling and Scientific Collection Regulation
This was an appeal from the decision of the Regional Fish and Wildlife Manager to refuse Mr. Maitland’s application for angling days on McKusky Creek, Hendrix Creek, Spanish Creek, and Deception Creek. Mr. Maitland seeks an order to amend his 1998/99 Angling Guide Licence and Angling Guide Operating Plan to grant him angler days for the subject creeks. The Regional Manager refused to issue the application on the grounds that the creeks are classified waters and that angling guide licences on classified rivers require a management plan to be completed prior to issuing new guiding licences. Mr. Maitland submitted that although each of the four subject creeks eventually flow into classified waters, none of the creeks themselves should be considered classified.
The Board found that Hendrix Creek, Spanish Creek and Deception Creek were tributaries of an unclassified portion of a river.
The Board found that unspecified tributaries of an unclassified portion of a rivers, are not classified waters within the meaning of the Angling and Scientific Collection Regulation. The Board found that the application for angling days with respect to Hendrix Creek, Spanish Creek, and Deception Creek should have been dealt with by the Regional Manager as an application for unclassified waters. However, the Board found that McKusky Creek, as an unspecified tributary of a classified river, is a classified water under the regulation. The Board noted that the remedy sought by Mr. Maitland to amend his Angling Guide Licence and Angling Guide Operating Plan for 1998/1999 was not possible as the 1998/1999 licencing season was over by the time this decision was issued. The Board directed the Regional Manager to consider Hendrix, Spanish and Deception creeks as unclassified waters if Mr. Maitland applies for, or has applied for, days on those creeks for the upcoming season.
Mr. Maitland raised the question as to whether he should be allowed to use angler days allocated for the Horsefly River on any unspecified tributary of the Horsefly River, such as McKusky Creek. The Board found that the intent of the licence was not to include any unspecified tributaries of the Horsefly River. The appeal was dismissed with respect to Mr. Maitland’s application for angling days on McKusky Creek. The appeal was allowed in relation to Hendrix Creek, Spanish Creek, and Deception Creek.