Decision Date: December 1, 2010

Panel: David Searle, CM, QC

Keywords:  Wildlife Act – ss. 16, 60; guide outfitter; quota; grizzly gear; consent order

Reginald Collingwood appealed a May 2010 decision of the Regional Manager (the “Manager”), Recreational Fisheries and Wildlife Programs, Skeena Region, Ministry of Environment, to issue Mr. Collingwood an annual guide outfitter licence with certain annual quotas and multi-year allocations for certain species.

Under the Wildlife Act, non-resident hunters may hunt for big game only if guided by a licensed guide outfitter, and only within the territory in which the guide is permitted to operate. Section 60 of the Act authorizes managers to issue species quotas to guide outfitters as a condition of their annual guide outfitter licence. In addition, managers issue species allocations that cover multi-year periods. The quotas and allocations limit the number of each species that may be harvested by the guides’ clients over the period specified. The multi-year allocations allow a guide to exceed the annual quota by a set number, but that number then counts against the multi-year allocation. The multi-year allocations give guide outfitters some flexibility in their annual harvests, and are used for harvest planning purposes. In 2007, the province adopted a new harvest allocation policy which, in subsequent years, led to reduced annual quotas and multi-year allocations for some guide outfitters. In part, it was the Manager’s application of that policy that led to the appeal.

Mr. Collingwood disputed his quotas and allocations for moose and grizzly bear. His licence specified an annual quota of three grizzly bear, and a five-year (2007 to 2012) allocation of 10 grizzly bear. It also specified an annual quota of nine bull moose and a two-year (2010 to 2012) allocation of 13 bull moose. Mr. Collingwood requested that the Board increase his moose allocation to 24 over two years (2010 to 2012), and increase his grizzly allocation to 18 over five years (2007 to 2012) with an annual quota of five grizzly. He also requested a delay in implementing the new harvest allocation policy until 2017 or until the completion of an independent review of the policy’s economic impact.

Before the appeal was heard by the Board, the parties reached an agreement to settle the appeal. By consent of the parties, the Board ordered that the Manager set a quota of four grizzly bear on Mr. Collingwood’s guide outfitter licence for the 2011/12 licence year.

Accordingly, the appeal was allowed, in part.