Decision Date: October 22, 2002

Panel: Alan Andison

Keywords: Wildlife Act – ss. 16, 60, 101, 101.1; Limited Entry Hunting Authorization Regulation – s. 9, Schedule 1; annual quota; grizzly bear moratorium; guide outfitter licence

Ken Robins appealed the Regional Manager’s decision to assign a quota of zero grizzly bears to Mr. Robins under his guide outfitter’s licence for the 2002 hunting season.

Mr. Robins submitted that the Regional Manager failed to give reasons for the zero quota decision. The Regional Manager argued that grizzly bear hunting is closed to both residents and non-residents in Mr. Robins’ guiding territory, and therefore, the appeal was moot.

The Board found that, pursuant to the Limited Entry Hunting Authorization Regulation, grizzly bear hunting was not permitted in Mr. Robins’ guiding territory when the Regional Manager issued Mr. Robins’ licence. The Board found that the Regional Manager did not have the authority to issue Mr. Robins a grizzly bear quota, and, therefore, neither did the Board.

The Board found that the Regional Manager should have advised Mr. Robins that he had no authority to issue a grizzly bear quota for Mr. Robins’ territory. However, the Board found that this hearing was conducted as a new hearing, and therefore, it cured any procedural defects in the process conducted by the Regional Manager.

The appeal was dismissed.