Decision Date: January 26, 2005

Panel: Alan Andison

Keywords: Wildlife Act, Permit Regulation – ss. 2(k), 2(p), 6(1), 6(3); bald eagle; permit for possession; transfer of property.

Matthew Ryan Willox appealed a decision of the Regional Manager, Environmental Stewardship Division (the “Regional Manager”), who refused to issue Mr. Willox a permit for the possession of a bald eagle carcass.  Mr. Willox asked that the decision be set aside, and that he be issued a permit to possess the eagle.

The Board held that Mr. Willox did not qualify for a possession permit under section 2(k) of the Permit Regulation, which allows persons to possess wildlife for ceremonial, societal, scientific, or educational purposes.  The Board found that temporarily loaning the eagle to clubs, schools and festivals, did not constitute possession primarily for an educational purpose.  Therefore, the Board found there was insufficient evidence to indicate that Mr. Willox would possess the eagle primarily for an enumerated purpose under section 2(k).

The Board also held that Mr. Willox did not qualify for a permit under section 2(p), which provides for the issuance of permits that transfer the right of property in dead wildlife from the province to a person.  Section 6(1)(c)(i) of the Permit Regulation restricts Regional Managers, subject to section 6(3), from issuing a permit for eagles under section 2(p).  The Board found that Mr. Willox was not entitled to a permit under section 6(3), as he was not acting as an agent for an educational or scientific institution, and he did not request that the eagle be given to an educational institute, scientific organization, or an agent thereof.  The Board also found that there were no special circumstances that justified granting a permit under section 6(1)(b) of the Permit Regulation.

Accordingly, the Regional Manager’s decision was confirmed, and the appeal was dismissed.