Decision Date: August 21, 2003

Panel: Lorraine Shore

Keywords: Wildlife Act, – s. 60; grizzly bear; quota; guide outfitter licence; Fuhr-Demarchi model

Robert Milligan appealed the decision of the Regional Manager to allocate to him a quota of four grizzly bears; he sought an increase in his quota to harvest an additional grizzly bear.  In the alternative, he asked that the two grizzly bears available annually in the area be shared equally between himself and the other two guides whose territories cover one Management Unit, over a three-year period.

The Board found that the evidence did not support granting an increase in Mr. Milligan’s grizzly bear quota.  The Panel rejected Mr. Milligan’s allegations of bias on the part of the Ministry of Water, Land, and Air Protection.  The Board also concluded that the Ministry had correctly followed the standard method of estimating the grizzly bear population and determining the quota, and that it should not be increased.

The Board further concluded that the grizzly bear quota should continue to be set annually and divided based on the size of a guide’s territory.  The Board held that to divide the grizzly bear quota between the guides in the area over a three-year period would be contrary to the Ministry’s decision to allocate quotas on a one-year basis, pending the results of a scientific study on grizzly bear populations.  The Board also rejected Mr. Milligan’s claim that, because Mr. Milligan did not guide for a number of years, the other two guides in the Management Unit received a benefit.

The Board confirmed the decision of the Regional Manager and dismissed the appeal.