Decision Date:  May 28, 2008

Panel:  Robert Wickett

Keywords:  Wildlife Act – ss. 60; guide outfitter; quota; thinhorn mountain sheep; Ministry policy guidelines

Darwin Cary appealed a decision of the Regional Manager, Wildlife Stewardship Division, Ministry of Environment (the “Ministry”), to issue Mr. Cary a quota of 10 thinhorn mountain sheep in 2007, and to set his allocation for 2007 to 2011 at 49 sheep.  Mr. Cary is a licensed guide outfitter, which means that he has the exclusive right to guide non-resident hunters within his guide outfitter area located in the northeast part of the province.  Guide outfitters must obtain annual licences that specify quotas for big game species, in this case thinhorn mountain sheep.

Mr. Cary argued that his quota should not have been reduced from 12 in 2006 to 10 in 2007.  He submitted that 13% of the total population of thinhorn mountain sheep live in his guide outfitter area, and therefore, he should receive 13% of the total allocation of sheep available to guide outfitters, which would result in an increase of his quota to 15 sheep.  Mr. Cary also appealed the Regional Manager’s decision not to apply certain policy guidelines.

The Board found that the Mr. Cary’s allocation of 10 sheep was reasonable in the circumstances.  The Board noted that all guide outfitters received a 19% reduction in their quotas.  The Board held that the Regional Manager acted reasonably in making the same percentage reduction to all guide outfitters, and that the Regional Manager considered the matter extensively before he reached his decision.

The Board also held that the Regional Manager considered the relevant policies, and applied them fairly in deciding Mr. Cary’s quota.  Specifically, the Regional Manager fairly applied a Ministry policy issued in 2007 that called for a reduction in the total sheep allocation in the province, as well as a reduction in the proportion of sheep allocated to guide outfitters in the province so that a greater proportion could be allocated to resident hunters.  Further, the Board found that the Regional Manager applied other Ministry policies in a consistent manner in deciding Mr. Cary’s quota.

The appeal was dismissed.