Decision Date: May 1, 2002

Panel: Cindy Derkaz

Keywords: Wildlife Act – s. 60(1); grizzly bear quotas; Ministry Procedure Manual – vol. 4, s. 7; fettering discretion

Guide outfitters Henry Fercho, Vince Cocciolo, and Robert Fontana appealed the decisions of the Regional Wildlife Manager assigning them quotas of one, zero, and one grizzly bear, respectively, for the 2002 hunting season.

The Appellants argued that the 2001 moratorium on grizzly bear hunting should have had a beneficial impact on the grizzly population and that their 2002 quotas were not calculated in accordance with the Ministry Procedure Manual. They also argued that the Regional Wildlife Manager fettered his discretion by using the regional annual allowable harvest figure calculated by the Wildlife Branch as the basis for deciding guide outfitters’ quotas.

The Board found that the Regional Wildlife Manager considered the appropriate factors and reached a reasonable and supportable conclusion in assigning the Appellants’ quotas. He did not fetter his discretion.

The Board also held that no evidence was provided by the Appellants to support their assertion that the 2001 moratorium on grizzly bear hunting must have had a beneficial impact on the grizzly bear population.

Accordingly, the appeal was dismissed.