Decision Date: April 11, 2002

Panel: Alan Andison

Keywords: Wildlife Act – ss. 2, 19(1); Permit Regulation – ss. 2(k), 2(p), 5(1), 6; Roosevelt Elk; permit for possession; transfer of property

Gregory Allen and Wade Mullen each appealed the decisions of the Conservation Officer refusing to issue them permits to possess the antlers of two Roosevelt Elk. The Appellants asked that the decisions be set aside, and that they be issued permits to possess the antlers.

The Board considered the appeals under sections 2(k) and 2(p) of the Permit Regulation. The Board found that the Appellants did not qualify for possession permits under section 2(k) of the Regulation, because there was no evidence that the Appellants sought to possess the antlers for scientific, ceremonial, societal or educational purposes. The Board then considered whether the Appellants should be granted a permit to possess the antlers under section 2(p), and found that the Appellants did not qualify for permits under that section. Specifically, the Board found that none of the exceptions to the restrictions on issuing possessory permits, as provided under section 6, applied to the Appellants.

Therefore, the Board found that the Conservation Officer did not err when he refused to issue permits to the Appellants authorizing the possession of, or transferring the right of property in, the antlers. Accordingly, the appeals were dismissed.