Decision Date: August 20, 2004

Panel: Alan Andison

Keywords: Wildlife Act – ss. 1, 2; Designation and Exemption Regulation – s. 1, Schedule A s. 2(a); Permit Regulation ss. 2(k), 2(p), 6(1), 6(3); bald eagle, permit for possession

Alan Adcock appealed a decision of the Regional Environmental Stewardship Manager (the “Regional Manager”), who refused to issue a permit for the possession of the carcass of a mature bald eagle that Mr. Adcock had found on a highway.  Mr. Adcock asked the Board to issue him a permit for the eagle carcass.

On a review of the legislation, the Board found that a Regional Manager may issue: a permit allowing a person to possess wildlife for educational, scientific, ceremonial or societal purposes; or, a permit transferring the right of property in dead wildlife from the government to a person.  However, under sections 6(1) and 6(3) of the Permit Regulation, the Regional Manager must not issue a permit transferring the right of property in an eagle (or an eagle carcass), except to an educational institution or scientific organization.

Mr. Adcock’s application was not for an education institution or scientific organization, and his purpose for possessing the eagle was personal.  Therefore, the Regional Manager, and the Board, had no jurisdiction to issue a permit for personal possession of an eagle carcass.

Accordingly, the appeal was dismissed.