Decision Date: July 8, 2005

Panel: Alan Andison

Keywords: Wildlife Act – ss. 48(1), 51, 60; grizzly bear quotas; grizzly bear allocations; guide outfitters

The Appellants filed separate appeals of decisions of various Regional Managers, Environmental Stewardship Division (the “Regional Managers”), Ministry of Water, Land, and Air Protection (the “Ministry”) (now the Ministry of Environment).  The decisions under appeal set out the grizzly bear quotas and allocations for the individual Appellants, who are all guide outfitters operating in British Columbia.  The quotas and allocations limited the number of grizzly bears that may be harvested by guided hunters within the Appellants’ territories between April 1, 2004 and March 31, 2007.

All of the Appellants requested an increase in their annual quotas and 3-year allocations.  Their grounds for appeal included:

• The Regional Manager, in making his decision to reduce the Appellants’ allocation, allowed his discretion to be fettered.
• The Regional Manager was guided by a document that was not approved for use by any person in authority.
• The Regional Manager failed to exercise a fair procedure that was unbiased and failed to allow the Appellants to be heard before the decision about allocation was made.
• The Regional Manager did not provide adequate and appropriate reasons and did not provide the calculations used to reach the allocation decision.
• The Regional Manager failed to take into account relevant factors.
• The Regional Manager, in making his decision to reduce the Appellants’ allocations, was guided by mistake of fact in a regional grizzly bear harvest management spreadsheet that was flawed.
• The Regional Manager made his decision under a mistake of fact regarding the status of grizzly bear populations in the Appellants’ guide outfitter territories, and failed to avail himself of knowledge and facts that would have been useful to determine that state of grizzly bear populations.
• The Regional Manager acted unfairly when he considered the harvest results of other user groups when determining the grizzly bear allocation that should be assigned to the Appellants.

Several of the Appellants provided additional grounds for their appeals.

The Board found that the Ministry’s procedures for estimating grizzly populations were based on good science, and that the Ministry had properly followed the recommendation of an independent panel of bear experts in setting and calculating population estimates.  The Board was satisfied that the Ministry had considered and addressed each of the Appellants’ concerns when setting grizzly bear allocations.  The Board also found that considerable consultation occurred at the regional level when the Ministry developed the most recent version of the grizzly bear population unit (“GBPU”) boundaries.  Under the circumstances, the Board was satisfied that the boundaries for the GBPUs were appropriate and based on valid information.  In addition, the Board found that the method used in the Omineca and Kootenay Region, of employing a utilization rate in the determination of allocations and quotas, represented a fair and equitable approach.  The Board noted that the harvest management strategy does divide the overall allowable annual hunt between resident and non-resident hunters, but that it is reasonable to balance the overall use of a GBPU to sustain bear populations.

The Board was satisfied that the powers of the Regional Managers were not fettered, and there was no evidence that any of the Regional Managers failed to perform their statutory duties.  The Board accepted that the Grizzly Bear Harvest Management Procedure was properly signed off on December 16, 2003, and was, therefore, approved policy for the guidance of regional staff.  The Board also found that the allocation decision is a matter that falls within the Board’s jurisdiction.

In regard to the reasonableness of the grizzly bear allocations and quotas in the circumstances for each individual appellant, the Board held as follows:

Gary Blackwell

The Board confirmed the Regional Manager’s decision to assign Mr. Blackwell an annual quota of 1 bear and a 3-year allocation of 1 bear in the Bulkley Lakes GBPU.

Accordingly, his appeal was dismissed.

Gene Allen

The Board confirmed the Regional Manager’s decision to assign Mr. Allen an annual quota of 1 bear and a 3-year allocation of 1 bear in the Tweedsmuir GBPU.

Accordingly, his appeal was dismissed.

Guy Anttila

The Board varied the decision of the Regional Manager, and assigned Mr. Anttila an annual quota of 6 bears and a 3-year allocation of 11 bears in the Taku GBPU.  The Board confirmed the Regional Manager’s decision to assign Mr. Anttila an annual quota of 2 bears and a 3-year allocation of 4 bears on the Tatsenshini GBPU.

Accordingly, his appeal was allowed in part.

Keith Connors

The Board varied the decision of the Regional Manager and assigned Mr. Connors an annual quota of 3 bears and a 3-year allocation of 2 bears in the Muskawa GBPU, as well as an annual quota of 3 bears and a 3-year allocation of 5 bears in the Spatsizi GBU.

Accordingly, his appeal was allowed in part.

John Blackwell

The Board confirmed the decision of the Regional Manager to assign Mr. Blackwell an annual quota of 1 bear to be harvested before June 15, 2004 and a 3-year allocation of 0 bears thereafter in the Blackwater-West Chilcotin GBPU.

Accordingly, his appeal was dismissed.

Ray Jackson

The Board varied the decision of the Regional Manager and assigned Mr. Jackson an annual quota of 2 bears in the Rocky GBPU.  The Board confirmed the decision of the Regional Manager to assign Mr. Jackson a 2-year allocation of 2 bears in the Rocky GBPU.

Accordingly, his appeal was allowed in part.

Armand Didier

The Board varied the decision of the Regional Manger and assigned Mr. Didier an annual quota of 2 bears and a 3-year allocation of 2 bears in the Hart GBPU.

Accordingly, his appeal was allowed in part.

Dale Drinkall

The Board varied the decision of the Regional Manager and assigned Mr. Drinkall an annual quota of 2 bears and a 3-year allocation of 2 bears in the Muskwa GBPU.  The Board confirmed the decision of the Regional Manager to assign Mr. Drinkall an annual quota of 2 bears and a 3-year allocation of 3 bears in the Hyland GBPU.

Accordingly, his appeal was allowed in part.

Darwin Cary

The Board confirmed the decision of the Regional Manager to assign Mr. Cary an annual quota of 2 bears and a 3-year allocation of 4 bears in the Muskwa GBPU.

Accordingly, his appeal was dismissed.

Dave Wiens

The Board confirmed the decisions of the Regional Manager to assign Mr. Wiens an annual quota of 1 bear and a 3-year allocation of 1 bear in the Hyland GBPU, and to assign him an annual quota of 2 bears and a 3-year allocation of 3 bears in the Muskwa GBPU.  The Board varied the decision of the Regional Manager and assigned Mr. Wiens an annual quota of 2 bears and a 3-year allocation of 1 bear in the Hyland GBPU.

Accordingly, his appeal was allowed in part.

Randy Bedell

The Board confirmed the decision of the Regional Manager to assign Mr. Bedell an annual quota of 2 bears and a 3-year allocation of 3 bears in the Hart GBPU.

Accordingly, his appeal was dismissed.

Mike Hammett

The Board confirmed the decision of the Regional Manager to assign Mr. Hammett an annual quota of 1 bear and a 3-year allocation of 1 bear in the Rocky GBPU.  The Board also confirmed the Regional Manager’s decision to assign Mr. Hammett an annual quota of 2 bears and a 3-year allocation of 3 bears in the Finlay-Ospika GBPU.

Accordingly, his appeal was dismissed.

Dawson Deveny

The Board varied the decision of the Regional Manager and assigned Mr. Deveny an annual quota of 3 bears and a 3-year allocation of 5 bears in the Finlay-Ospika GBPU.

Accordingly, his appeal was allowed in part.

Neil Caldwell

The Board confirmed the decision of the Regional Manager to assign Mr. Caldwell an annual quota of 1 bear and 3-year allocation of 1.1 bears in the Flathead GBPU.

Accordingly, his appeal was dismissed.

Phillip Des Mazes

The Board confirmed the decision of the Regional Manager to assign Mr. Des Mazes an annual quota of 2 bears in the North Selkirk GBPU.  The Board varied the Regional Manager’s decision and assigned Mr. Des Mazes a 3-year allocation of 4.1 bears in the North Selkirk GBPU.

Accordingly, the appeal was allowed in part.