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Acts and Regulations

2016-42 - Fish and Wildlife Act

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NEW BRUNSWICK

REGULATION 2016-42

under the

Fish and Wildlife Act

(O.C. 2016-150)

Filed July 8, 2016

1Section 2 of New Brunswick Regulation 84-124 under the Fish and Wildlife Act is amended

(a) by repealing the definition “bobcat validation sticker”;

(b) in the definition “lock seal bobcat tag” by striking out “issued with a bobcat validating sticker” and substituting “issued under paragraph 4.01(8)(c)”;

“bobcat authorization” means a valid and subsisting bobcat authorization issued under paragraph 4.01(8)(a);(autorisation de chasse ou de prise du chat sauvage d’Amérique)

2Section 4 of the Regulation is amended

(a) in paragraph (1)(c) by striking out “subsections (1.1), (1.11),” and substituting “subsections (1.1), (1.11), (1.12),”;

(b) by repealing subsection (1.11) and substituting the following:

4(1.11)The Minister shall not issue a minor’s fur harvester’s licence to an applicant who is 12 years of age or over but under 16 years of age unless the applicant

(a) provides proof of having successfully completed in the Province or elsewhere

(i) a firearm safety and hunter education course recognized by the Minister, or

(ii) if hunting by bow or crossbow, a bow hunter education course recognized by the Minister, and

(b) provides proof of having successfully completed in the Province or elsewhere a trapper education course recognized by Minister.

4(1.12)A minor’s fur harvester’s licence does not entitle a holder of the licence who is ten or eleven years of age to hunt, trap or snare a fur bearing animal without being accompanied at all times by an adult who is the holder of a valid fur harvester’s licence.

(d) by repealing subsection (1.2) and substituting the following:

4(1.2)The Minister shall not issue a fur harvester’s licence to an applicant unless the applicant

(a) provides proof of having successfully completed in the Province or elsewhere

(i) a firearm safety and hunter education course recognized by the Minister, or

(ii) if hunting by bow or crossbow, a bow hunter education course recognized by the Minister, and

(b) provides proof of having successfully completed in the Province or elsewhere a trapper education course recognized by the Minister.

(e) by adding after subsection (1.2) the following:

4(1.201)Paragraph (1.2)(a) does not apply to an applicant who was born before January 1, 1981, and who provides proof of having been the previous holder of a hunting licence issued under the Act or any regulation under the Act or under an act of another jurisdiction that is substantially similar to the Act or under a regulation under such an act

(a) by certifying in the manner required by the Minister that he or she previously held such a licence, or

(b) by producing the licence.

4(1.202)Paragraph (1.2)(b) does not apply to an applicant who was born before January 1, 1981, and who provides proof of having been the previous holder of a fur harvester’s licence issued under the Act or any regulation under the Act or under an act of another jurisdiction that is substantially similar to the Act or under a regulation under such an act

(a) by certifying in the manner required by the Minister that he or she previously held such a licence, or

(b) by producing the licence.

(f) by repealing subsection (1.21) and substituting the following:

4(1.21)The Minister shall not issue a rabbit licence to an applicant unless the applicant provides proof of having successfully completed in the Province or elsewhere

(a) a firearm safety and hunter education course recognized by the Minister, or

(b) if hunting by bow or crossbow, a bow hunter education course recognized by the Minister.

(g) by repealing subsection (1.22) and substituting the following:

4(1.22)Subsection (1.21) does not apply to an applicant who was born before January 1, 1981, and who provides proof of having been the previous holder of a hunting licence issued under the Act or any regulation under the Act or under an act of another jurisdiction that is substantially similar to the Act or under a regulation under such an act

(a) by certifying in the manner required by the Minister that he or she previously held such a licence, or

(b) by producing the licence.

(h) by repealing subsection (1.3);

(i) by repealing subsection (1.4).

3Section 4.01 of the Regulation is amended

(a) in subsection (1)

(i) in paragraph (a) by striking out “, to which is affixed a bobcat validation sticker also issued to that person,” and substituting “bearing a bobcat authorization also issued to him or her”;

(ii) in paragraph (b) by striking out “indicated on the sticker and on the lock seal bobcat tag, during the applicable season in relation to which the sticker and tag are issued” and substituting “indicated on the licence and on the lock seal bobcat tag, during the applicable season in relation to which the licence and tag are issued”;

(b) by repealing subsection (2) and substituting the following:

4.01(2)An applicant for or holder of a fur harvester’s licence or a minor’s fur harvester’s licence may apply to the Minister for a bobcat authorization

(a) by completing an electronic application accessible through the Department’s website or Service New Brunswick’s website,

(b) at a Service New Brunswick centre, or

4.01(2.01)In an application for a bobcat authorization, an applicant for or holder of a fur harvester’s licence or a minor’s fur harvester’s licence shall indicate from among the wildlife management zones in which bobcat may be hunted, trapped or snared under this Regulation the two wildlife management zones in which the applicant wishes to hunt, trap or snare bobcat.

4.01(2.02)An application for a bobcat authorization shall not be accepted later than

(a) in the case of an electronic application accessed through the Department’s website or Service New Brunswick’s website, 12 midnight of the last Friday of the month of September in the year of the application,

(b) in the case of an application made at a Service New Brunswick centre, the end of the business day for that Service New Brunswick centre of the last Friday of the month of September in the year of the application, and

(c) in the case of an application made at the business premises of a vendor appointed under section 84 of the Act, the end of the business day for that business premises or midnight, whichever occurs first, of the last Friday of the month of September in the year of the application.

(d) in subsection (2.1) by striking out “An application for a bobcat validation sticker” and substituting “An application for a bobcat authorization”;

(e) by repealing subsection (3) and substituting the following:

4.01(3)No person shall make more than one application to the Minister for a bobcat authorization in any year.

(f) by repealing subsection (4) and substituting the following:

4.01(4)Subject to subsections (6.1) and (7), all applications for a bobcat authorization received by the Minister within the time limits established under subsection (2.02) shall be classified according to the wildlife management zones in which each applicant wishes to hunt, trap or snare bobcat and shall be submitted to one or more random computer draws for each wildlife management zone in which bobcat may be hunted, trapped or snared under this Regulation.

(g) in subsection (5) by striking out “to whom a bobcat validation sticker may be issued” and “issued with the stickers” and substituting “to whom a bobcat authorization may be issued” and “issued” respectively;

(h) by adding after subsection (6) the following:

4.01(6.1)The Minister shall remove from the draw the name of any applicant who is not the holder of a fur harvester’s licence or a minor’s fur harvester’s licence.

(i) in subsection (7) by striking out “incomplete, inaccurate, misleading or illegible” and substituting “incomplete, inaccurate or misleading”;

(j) by repealing subsection (8) and substituting the following:

4.01(8)If an applicant’s name has been chosen at least once in the random computer draws, the Minister shall

(a) issue to the applicant a bobcat authorization,

(b) replace the applicant’s fur harvester’s licence or minor’s fur harvester licence with one that

(i) bears the bobcat authorization, and

(ii) indicates the wildlife management zones in which the applicant may hunt, trap or snare bobcat, and

(c) issue and send by ordinary mail to the applicant one lock seal bobcat tag for each time the applicant’s name was chosen.

(k) in subsection (9) by striking out “bobcat validation sticker” and substituting “bobcat authorization”;

(l) by repealing subsection (10);

(m) in subsection (11) by striking out “bobcat validation sticker” and substituting “fur harvester’s licence or minor’s fur harvester’s licence that bears the bobcat authorization”;

(n) by repealing subsection (12);

(o) by repealing subsection (13);

(p) by repealing subsection (14) and substituting the following:

4.01(14)A person who has lost a lock seal bobcat tag issued to the person may apply to the Minister for a new tag and the Minister, if satisfied that the tag has been lost, may issue a new tag to the person.

4Subsection 4.02(1) of the Regulation is repealed and the following is substituted:

4.02(1)The holder of a fur harvester’s licence or a minor’s fur harvester’s licence that bears a bobcat authorization shall, immediately on killing a bobcat, if hunting it, or immediately on taking possession of a bobcat, if trapping or snaring it, affix to the pelt of the bobcat a previously unused lock seal bobcat tag issued to him or her.

5Section 18 of the Regulation is amended

(a) in paragraph (b.1) by striking out “application for a bobcat validation sticker” and substituting “application for a bobcat authorization”;

(b) in paragraph (i) by striking out “replacement licence, bobcat validation sticker or lock seal bobcat tag issued under this Regulation” and substituting “replacement licence obtained by a person at a Service New Brunswick centre or at the business premises of a vendor appointed under section 84 of the Act”.

6This Regulation comes into force on July 11, 2016.