Decision Date: January 7, 2004

Panel: Alan Andison

Keywords: Wildlife Act – ss.49, 52; angling guide operating plan; ministerial order; angling guide licence.

Robert Gordon appealed the decision of the Regional Manager to amend his approved angling guide operating plan.  The amendment was in response to a provincially declared moratorium on fishing in certain rivers, three of which were listed in Mr. Gordon’s operating plan.

The issue in this appeal was whether Mr. Gordon’s approved plan should be amended to delete the rivers included in the moratorium.

The Board found that the Regional Manager had no authority to amend the approved plan.  The plan itself does not allow the use of provincial waters named in the plan, and is simply a precondition to obtaining a licence.  To achieve the goal of prohibiting the use of certain rivers, the Regional Manager must amend Mr. Gordon’s angling guide licence to indicate that it does not include the bodies of water mentioned in the moratorium.  Accordingly, the Board found that the approved plan remains in effect, and the amendment to the plan is rescinded.

The appeal was remitted back to the Regional Manager to amend Mr. Gordon’s angling guide licence.

The appeal was allowed.