Decision Date: April 27, 2004

Panel: Alan Andison

Keywords: Wildlife Act – ss. 48, 51, 60(1); guide outfitter licence; quota; mountain goats; 20 percent limit on year-to-year allocation changes

David Beranek appealed the decision of the Regional Manager issuing to him an annual quota of three mountain goats and a three-year allocation of three goats; he sought an increase in the three-year allocation to seven goats.

Mr. Beranek submitted that an increase in his allocation was warranted on the basis of his belief that the Ministry had underestimated the goat population in his guiding area. Mr. Beranek argued that, in light of his belief that the goat population in his territory had increased significantly in the previous three-year allocation period, and his belief that the Ministry policy allowing the Regional Manager to limit year-to-year allocation changes to 20 per cent was misapplied.

The Board found that Mr. Beranek provided insufficient evidence to justify an increase in his allocation.

The Board accepted the Ministry’s evidence of a decline in the region’s mountain goat population since 1994 and found that the population estimates used by the Regional Manager were based on the best available information and provide a reasonable basis to calculate Mr. Beranek’s quota and allocation.

The Board noted that the Regional Manager’s discretionary powers allow him to apply the 20 per cent limit policy in a manner that is consistent with conservation needs in the region, as the Regional Manager had apparently done when issuing allocation increases of greater than 20 per cent to Mr. Beranek in 2000-2002.  The Board found that, in light of decreases in the mountain goat population in the Kootenay region, the Regional Manager exercised a reasonable level of caution in setting Mr. Beranek’s quota and allocation.

The Board upheld the Regional Manager’s quota and allocation, and dismissed the appeal.