Decision Date: April 23, 1991

Panel: Linda Michaluk, Dianne Kerr

The appellant appealed the respondent’s refusal to issue him a license for possession of a mountain sheep killed by the appellant. The appellant’s grounds were that the Ministry’s standards for what is a full curl ram were imaginary and arbitrary. He further claimed that the Ministry had a floating line and that they have changed the position of this line without informing the hunters. He maintained also that his ram was legal even according to the arbitrary standard.

The Board found the Ministry’s method for measuring a full curl horn was neither imaginary nor arbitrary. The Regulations require the measurement to be the taking of a line from the nostril to the lowest portion of the base of the horn. The Board further found that this method was made less subjective by the use of a Yukon Jig which assists in providing an accurate base from which the measurements are taken. The appellant knew it was in use when he shot the ram. His appeal was accordingly dismissed.

The panel made a number of recommendations: any changes to regulations should be faxed to all Regional Offices. It added further that the use of the Yukon Jig be written into policy statements put out by the Wildlife Branch.