Acts and Regulations

2015-5 - Fish and Wildlife Act

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NEW BRUNSWICK
REGULATION 2015-5
under the
Fish and Wildlife Act
(O.C. 2015-39)
Filed March 26, 2015
1Subsection 2(1) of New Brunswick Regulation 82-103 under the Fish and Wildlife Act is amended by repealing the following definitions:
“licence”;
“lock seal tag”.
2Section 6 of the Regulation is amended
(a) by repealing subsection (1);
(b) by repealing subsection (2);
(c) by adding before subsection (3) the following:
6(2.1)The periods of validity of all the class 2 and class 3 licences issued to a person shall not overlap.
(d) in subsection (3) by striking out “purchase” and substituting “obtain”.
3Section 20 of the Regulation is amended
(a) by adding after subsection (1) the following:
20(1.1)For the purposes of this section, a tag is associated with a licence if the tag has been activated under subsection (4.2) in respect of that licence.
(b) by repealing subsection (2) and substituting the following:
20(2)Subject to subsection (4.1), the number of tags associated with a class 1, 7 or 8 licence shall not exceed four.
(c) by repealing subsection (3) and substituting the following:
20(3)Subject to subsection (4.1), the number of tags associated with a class 2 licence shall not exceed two.
(d) by repealing subsection (4) and substituting the following:
20(4)Subject to subsection (4.1), the number of tags associated with a class 3 licence shall not exceed one.
(e) by adding after subsection (4) the following:
20(4.1)The combined total number of tags associated with all angling licences held by a person during the angling season for which the licences are valid shall not exceed four.
20(4.2)On application under subsection (4.3) or (4.4) and subject to subsections (2), (3), (4) and (4.1), the Minister may activate a tag in respect of a class 1, 2, 3, 7 or 8 licence using the unique alphanumeric identifier printed on the tag.
20(4.3)Subject to subsections (4.6) and (4.7), an applicant for a class 1, 2, 3, 7 or 8 licence may apply at the same time as he or she applies for the licence for the activation of a tag in respect of the licence
(a) at a Service New Brunswick centre,
(b) by completing an electronic application accessible through the Department’s website or Service New Brunswick’s website, or
(c) at the business premises of a vendor appointed under section 84 of the Act.
20(4.4)Subject to subsection (4.8), the holder of a class 1, 2, 3, 7 or 8 licence may apply for activation of a tag in respect of the licence
(a) at a Service New Brunswick centre,
(b) by completing an electronic application accessible through the Department’s website or Service New Brunswick’s website, or
(c) at the business premises of a vendor appointed under section 84 of the Act.
20(4.5)A tag is not valid if it does not comply with Schedule A.
20(4.6)An application for a class 1, 2, 3, 7 or 8 licence must be accompanied by an application authorized under this section for the activation of at least one tag in respect of that licence.
20(4.7)No application under subsection (4.3) by an applicant for a licence for the activation of a tag in respect of the licence is authorized if granting the application under (4.3) and the application for the licence would result in a contravention of subsection (2), (3), (4) or (4.1).
20(4.8)No application under subsection (4.4) by the holder of a licence for the activation of a tag in respect of the licence is authorized if granting the application would result in a contravention of subsection (2), (3), (4) or (4.1).
(f) by repealing subsection (5) and substituting the following:
20(5)Every tag associated with an angling licence issued to a person shall be void on the expiration of the licence and shall not be utilized in respect of any other licence, except for a special Crown reserve licence, regular Crown reserve licence or daily Crown reserve licence issued to the person in accordance with section 83 of the Act and this Regulation.
(g) by repealing subsection (6);
(h) by repealing subsection (8) and substituting the following:
20(8)Every person authorized under a licence issued under the Act to angle for Atlantic salmon shall immediately after killing a grilse affix to that grilse in accordance with Schedule B a previously unused tag associated with the licence under which the holder is entitled to angle for Atlantic salmon.
(i) by repealing subsection (9) and substituting the following:
20(9)Subject to subsection 22(4), every holder of a regular Crown reserve licence or a daily Crown reserve licence shall immediately after killing a grilse while angling on regular Crown reserve waters or daily Crown reserve waters affix to that grilse in accordance with Schedule B a previously unused tag associated with that person’s class 7 or 8 licence.
(j) by repealing subsection (10) and substituting the following:
20(10)Subject to subsection 22(4), every person authorized under a regular Crown reserve licence or a daily Crown reserve licence who is not the holder of a class 7 or 8 licence but who is a person entitled under this Regulation to angle for Atlantic salmon under a class 7 or 8 licence issued to another person shall immediately after killing a grilse while angling on regular Crown reserve waters or daily Crown reserve waters affix to that grilse in accordance with Schedule B a previously unused tag associated with the class 7 or 8 licence under which he or she is authorized to angle.
(k) by repealing subsection (11) and substituting the following:
20(11)Subject to subsection 22(4), every holder of a special Crown reserve licence shall immediately after killing a grilse while angling on special Crown reserve waters affix to that grilse in accordance with Schedule B a previously unused tag associated with his or her class 1, 2, 3, 7 or 8 licence.
(l) by repealing subsection (12) and substituting the following:
20(12)Subject to subsection 22(4), every person authorized under a special Crown reserve licence who is not the holder of a class 1, 2, 3, 7 or 8 licence but who is entitled under this Regulation to angle for Atlantic salmon under a class 1, 2, 3, 7 or 8 licence issued to another person shall immediately after killing a grilse while angling on special Crown reserve waters affix to that grilse in accordance with Schedule B a previously unused tag associated with the class 1, 2, 3, 7 or 8 licence under which he or she is entitled to angle.
(m) in subsection (13) by striking out “lock seal tag” and substituting “tag”;
(n) in subsection (14) of the English version by striking out “lock seal tag” and substituting “tag”;
(o) in subsection (15) of the English version by striking out “lock seal tag” and substituting “tag”;
(p) by repealing subsection (16) and substituting the following:
20(16)No tag associated with a licence shall be used except by the holder of that licence and other persons entitled under this Regulation to angle for Atlantic salmon under that licence.
(q) in subsection (17) by striking out “unused lock seal tag issued under that licence” and substituting “unused tag associated with that licence”;
(r) by repealing subsection (17.1) and substituting the following:
20(17.1)No holder of a licence and no person who is entitled to angle under the licence shall give to any other person or permit any other person to use an unused tag associated with that licence.
(s) in subsection (18) by striking out “Every person in possession of a tagged Atlantic salmon who is not the holder of the licence under which the lock seal tag has been issued shall upon” and substituting “Every person in possession of an Atlantic salmon to which is affixed a tag associated with a licence which he or she does not hold shall on”;
(t) in subsection (19) by striking out “lock seal tag placed upon it” and substituting “tag affixed to it”;
(u) in subsection (21) by striking out “store or hold a grilse bearing a lock seal tag if the person to whom the lock seal tag has been issued is accommodated” and substituting “store or hold a grilse to which is affixed a tag associated with a licence held by another person if that person is accommodated”;
(v) in subsection (23) by striking out “place a tag issued under the Act or the regulations on” and substituting “affix a tag to”.
4Schedule A of the Regulation is repealed and the attached Schedule A is substituted.
5Schedule B of the Regulation is repealed and the attached Schedule B is substituted.
6This Regulation comes into force on March 30, 2015.
SCHEDULE A
TAG
1Description
A tag has two parts: a sticker and a metal wire as illustrated below. The Province of New Brunswick galley logo shall be printed on the sticker in the upper right-hand corner. The tag shall be blue in colour and bear a unique alphanumeric identifier assigned by the Minister. The tag shall bear blank spaces on which an angler may check off the species and record the year and the angler’s first and last name.
2Illustration
SCHEDULE B
1For the purposes of this Regulation, a tag that is affixed to an Atlantic salmon shall be affixed
(a) so that it does not restrict the generality of subsections 20(8) to (12), and
(b) in the manner described and illustrated below.
2Description
A. Insert the metal wire under the gills and through the mouth of the Atlantic salmon;
B. Peel back the liner of the sticker and place the wire on half of the sticky side of the sticker; and
C. Fold the sticker over the ends of the metal wire and apply pressure.
3Illustration
Illustration A.
Illustration B.
Illustration C.