Decision Date: July 31, 2001

Panel: Alan Andison

Keywords: Wildlife Act – s. 2; Permit Regulation – s. 2(k), 2(p), 5, 6; transferring the right of property in wildlife; bald eagle

Jerry Coburn appealed the decision of the District Conservation Officer (“CO”) refusing to issue him a permit transferring the right of property in a dead immature bald eagle which died when it collided with Mr. Coburn’s truck. In refusing to issue Mr. Coburn a permit, the CO relied on section 6(1)(c) of the Regulation which prohibits a regional manager from issuing a permit transferring the right of property in eagles.

Mr. Coburn’s application did not specify whether he sought a permit for possession or for the transfer of right in property. As such, the Board considered his application for both.

The Board found that Mr. Coburn did not qualify for a possession permit because he did not seek a permit for any of the purposes listed in section 2(k) of the Regulation.

The Board found that the CO did not err in refusing to issue Mr. Coburn a permit transferring the right of property in the eagle. A permit transferring the right in property is subject to several restrictions. Although the eagle was killed by accident, there were no special circumstances that warranted granting Mr. Coburn a permit under section 6(1)(b). In section 6(1)(c)(i), the legislation prohibits the issuing of a permit for eagles, and does not allow for discretion when dealing with such an application. In addition, the Board found that given the special status of eagles and their cultural and societal value, issuing such a permit to Mr. Coburn would be contrary to the proper management of provincial wildlife resources.

The appeal was dismissed.