Decision Date: April 27, 2004

Panel: Alan Andison

Keywords: Wildlife Act – ss. 48, 51, 57, 59, 60(1), 62, 65, 66; guide outfitter licence; fractional guide areas

Brian Charlton appealed the Regional Manager’s decision to deny Mr. Charlton’s application to have a large area adjacent to his Kootenay region guide territory assigned to him as a fractional guide area to increase his total guide territory.

Mr. Charlton submitted that, while applying Ministry fractional guide area policy requiring him to consider the interests of aboriginal people and resident hunters, the Regional Manager engaged in speculation and made assumptions about those interests.  Mr. Charlton further submitted that the Regional Manager failed to consider the large populations of a number of wildlife species in the area and the potential economic and conservation benefits that would result from creating a fractional guide area.

The Board found that Mr. Charlton did not present sufficient evidence to justify having the Regional Manager assign him a fractional guide area.

The Board found that the Regional Manager did not act on speculation or assumptions about local interests and acted in accordance with his duty to consider local First Nation and resident hunter interests in considering Mr. Charlton’s application.  The Board further found that the Regional Manager considered and balanced the issues of local animal populations, potential conflicts between resident and non-resident hunters and the potential economic benefit of creating a fractional guide area in denying Mr. Charlton’s application.

The Board upheld the Regional Manager’s decision and dismissed the appeal.