Acts and Regulations

2014-17 - Fish and Wildlife Act

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NEW BRUNSWICK
REGULATION 2014-17
under the
Fish and Wildlife Act
(O.C. 2014-19)
Filed January 31, 2014
1Subsection 4(5) of New Brunswick Regulation 94-47 under the Fish and Wildlife Act is amended
(a) in paragraph (a) of the English version by striking out “or” at the end of the paragraph;
(b) in paragraph (b) by striking out the period at the end of the paragraph and substituting “, or”;
(c) by adding after paragraph (b) the following:
(c) if made by a guide or outfitter, by providing the information required by the Minister, in the manner that the Minister requires.
2Section 9 of the Regulation is amended
(a) by repealing subsection (4);
(b) by repealing subsection (5);
(c) by repealing subsection (6).
3The Regulation is amended by adding after section 9 the following :
Non-resident moose licence
9.1(1)The Minister shall issue non-resident moose licences to successful applicants from the following two random computer draws:
(a) a non-resident draw; and
(b) a guide and outfitter draw.
9.1(2)A person may only participate in the guide and outfitter draw
(a) if the person
(i) operates an outfitting business located in New Brunswick that includes an accommodation that has been designated a “New Brunswick Approved” accommodation by the Minister of Tourism, Heritage and Culture, or
(ii) is a holder of a valid guide I licence and has entered into a written agreement with the owner of an accommodation that has been designated a “New Brunswick Approved” accommodation by the Minister of Tourism, Heritage and Culture in which the owner of the accommodation has undertaken to host that person’s non-resident moose hunting clients, and
(b) if the person operates a business that is registered in the Province under one of the following Acts:
(i) the Business Corporations Act;
(ii) the Companies Act;
(iii) the Limited Partnership Act; and
(iv) the Partnerships and Business Names Registration Act.
9.1(3)An application for a non-resident moose licence for the draw referred to in paragraph (1)(a) shall not be accepted later than
(a) in the case of an application made using the computer assisted application line, 8 p.m. of the last day of the month of April in the year of application, and
(b) in the case of an electronic application completed on the Department’s website, 12 midnight of the last day of the month of April in the year of the application.
9.1(4)An application for a non-resident moose licence for the draw referred to in paragraph (1)(b) shall not be accepted
(a) for the 2014 moose season, if the Minister receives the application after 4:30 p.m. of the last Friday of the month of April of that year, and
(b) for the moose season of all other subsequent years, if the Minister receives the application after 4:30 p.m. of the first Friday of the month of October in the preceding year.
9.1(5)Subject to subsection (6), all applications for a non-resident moose licence received by the Minister on or before the time limits established under subsection (3) or (4) shall be submitted to the appropriate draw.
9.1(6)The Minister may remove from a draw held under subsection (1) the number of any applicant who has made more than one application in any year.
9.1(7)In each of the draws referred to in subsection (1), the Minister shall choose a maximum of 50 applications from the applications submitted to each draw.
9.1(8)If there are more applications than non-resident moose licences available at the time of one of the draws under subsection (1), the Minister shall choose the 50 applications as set out in subsection (7) and then, from the remaining applications, determine the order of priority for obtaining the licences that are unclaimed by successful applicants.
9.1(9)For the purposes of subsection (8), a non-resident moose licence is deemed to be unclaimed if the licence is not purchased on or before,
(a) in the case of a draw held under paragraph (1)(a) or in the case of a draw held under paragraph (1)(b) for the 2014 moose season, the second Friday of the month of June that follows the date of the draw, and
(b) in the case of a draw held under paragraph (1)(b) for the moose season of all other subsequent years, the second Friday of the month of November that follows the date of the draw.
9.1(10)If, after the draw held under paragraph (1)(b), there are non-resident moose licences still remaining, the Minister may hold a random computer draw for the remaining licences in which all those who participated in the first draw may participate.
9.1(11)When a guide or an outfitter is successful in a draw held under paragraph (1)(b), the Minister shall advise the guide or outfitter that a non-resident moose licence has been set aside for his or her moose hunting client, the eventual holder of the non-resident moose licence.
4Section 10 of the Regulation is amended
(a) by repealing subsection (3) and substituting the following:
10(3)Subject to subsection (4), an applicant who in any year is successful in the random computer draw held under paragraph 9.1(1)(a), or any other person on behalf of the applicant,
(a) may purchase the applicant’s non-resident moose licence for that year by using a computer assisted telephone line from a touch tone telephone and obtain the licence at an office of Service New Brunswick where those licences are issued, and
(b) shall, at the time of obtaining the licence, indicate from among the wildlife management zones in which moose may be hunted under this Regulation the one wildlife management zone in which the applicant wishes to hunt moose.
(b) by adding after subsection (3) the following:
10(3.1)Subject to subsection (6), a guide or outfitter who in any year is successful in the random computer draw held under paragraph 9.1(1)(b)
(a) may purchase the non-resident moose licence for that year that had been set aside for his or her client, the eventual holder of the non-resident moose licence, by using a computer assisted telephone line from a touch tone telephone and obtain the licence at an office of Service New Brunswick where those licences are issued, and
(b) shall, at the time of obtaining the licence, indicate from among the wildlife management zones in which moose may be hunted under this Regulation the one wildlife management zone in which the guide or outfitter and his or her client, the eventual holder of the non-resident moose licence, wishes to hunt moose.
(c) in subsection (4) by striking out “successful applicant” and substituting “successful applicant who has been chosen in a draw referred to in paragraph 9.1(1)(a);
(d) by adding after subsection (5) the following:
10(6)The Minister shall not issue a non-resident moose licence for a moose hunting client of a guide or outfitter who is successful in the random computer draw held under subsection 9.1(1)(b) unless the guide or outfitter
(a) satisfies the Minister as to his or her client’s identity, residence and age by presenting any identification and other documentation requested by the Minister,
(b) provides proof that his or her client successfully completed in the Province a firearm safety and hunter education course approved by the Minister, and
(c) provides proof that his or her client successfully completed in the Province a bow hunter education course approved by the Minister, if the client wishes to hunt with a bow or a crossbow.
10(7)Paragraphs (6)(b) and (c) do not apply to a client of a guide or outfitter who is successful in the random computer draw held under subsection 9.1(1)(b) if the guide or outfitter
(a) provides proof satisfactory to the Minister that his or her client successfully completed in another province or territory of Canada or a state of the United States of America
(i) a firearm safety and hunter education course recognized by the Minister, or
(ii) a bow hunter education course recognized by the Minister, if the client wishes to hunt with a bow or a crossbow, or
(b) provides proof that his or her client was the previous holder of a hunting licence issued under the Act or any regulation under the Act by producing the licence or by completing a certificate provided by the Minister stating that the client previously held such a licence.