Acts and Regulations

2016-43 - Fish and Wildlife Act

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NEW BRUNSWICK
REGULATION 2016-43
under the
Fish and Wildlife Act
(O.C. 2016-151)
Filed July 8, 2016
1Section 2 of New Brunswick Regulation 84-133 under the Fish and Wildlife Act is amended by adding the following definition in alphabetical order:
“antlerless deer authorization” means a valid and subsisting antlerless deer authorization issued under paragraph 3.1(10)(a).(autorisation de chasse au chevreuil sans bois)
2Section 3 of the Regulation is amended
(a) in subsection (1.01) by striking out “purchasing a licence” and “at the time of purchase” and substituting “obtaining a licence” and “at the time of obtaining the licence” respectively.
(b) by repealing subsection (3) and substituting the following:
3(3)The Minister shall not issue a hunting licence under this section to an applicant unless the applicant, or the person obtaining the applicant’s licence on behalf of the applicant,
(a) provides proof that the applicant has 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) with respect to a non-resident bear licence, satisfies the Minister as to the applicant’s identity, residence and age by presenting any identification and other documentation requested by the Minister.
(c) by repealing subsection (4) and substituting the following:
3(4)Paragraph (3)(a) does not apply if the applicant was born before January 1, 1981, and the applicant, or the person obtaining the applicant’s licence on behalf of the applicant, provides proof that the applicant was 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.
(d) by repealing subsection (4.1) and substituting the following:
3(4.1)On the request of the holder of a valid class III licence bearing an antlerless deer authorization, the Minister may, subject to subsection (4.2), issue another class III licence to him or her under paragraph (1)(c) if he or she
(a) during the period referred to in section 11.2, kills an antlerless deer with a bow in wildlife management zone 27 under the licence, and
(b) appears at a Service New Brunswick centre and presents the Minister with the copy of the registration permit issued under paragraph 17(1)(d).
(e) subsection (4.2) is amended by striking out “further antlerless deer validation sticker” and substituting “further antlerless deer authorization”.
3The Regulation is amended by adding after section 3 the following:
3.001Subject to subsection 3(4.1), an application for a licence referred to in paragraph 3(1)(a), (b), (c), (d) or (e) may be made
(a) through the Department’s website or Service New Brunswick’s website,
(b) at a Service New Brunswick centre, or
(c) at the business premises of a vendor appointed under section 84 of the Act.
4Section 3.01 of the Regulation is amended
(a) in subsection (1) by striking out “purchasing” and “at the time of purchase” and substituting “obtaining” and “at the time of obtaining the licence” respectively;
(b) in subsection (2) by striking out “purchasing” and “at the time of purchase” and substituting “obtaining” and “at the time of obtaining the licence” respectively;
(c) in subsection (3) by striking out “purchasing” and “at the time of purchase” and substituting “obtaining” and “at the time of obtaining the licence” respectively;
(d) in subsection (4) by striking out “purchasing” and “at the time of purchase” and substituting “obtaining” and “at the time of obtaining the licence” respectively.
5Section 3.02 of the Regulation is repealed and the following is substituted:
3.02A person 16 or 17 years of age who has been issued a hunting licence under paragraph 3(1)(a), (c), (h) or (i) shall not hunt under the authority of that licence with a centre-fire or rim-fire rifle .23 calibre or larger or with a shotgun together with shotgun cartridges containing ball, slug or lead shot larger than BB or steel shot larger than F, as the case may be, unless that person remains at all times within visual or auditory contact, without the aid of artificial devices except medically prescribed eyeglasses or hearing aids, of an adult who is the holder of a valid hunting licence issued under paragraph 3(1)(a), (c), (h) or (i).
6Section 3.1 of the Regulation is amended
(a) in subsection (1)
(i) in paragraph (a) by striking out “, to which is affixed an antlerless deer validation sticker also issued to that person and indicating the number of the person’s class III licence” and substituting “bearing an antlerless deer authorization also issued to him or her”;
(ii) in paragraph (b) by striking out “sticker” and substituting “licence”;
(b) by repealing subsection (2) and substituting the following:
3.1(2)An applicant for or holder of a class III licence may apply to the Minister for an antlerless deer 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
(c) at the business premises of a vendor appointed under section 84 of the Act.
(c) by adding after subsection (2) the following:
3.1(2.1)In an application for an antlerless deer authorization, an applicant for or holder of a class III licence shall indicate from among the wildlife management zones in which antlerless deer may be hunted under this Regulation the one wildlife management zone in which he or she wishes to hunt antlerless deer.
3.1(2.2)An application for an antlerless deer 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 third Friday of the month of August 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 third Friday of the month of August 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 third Friday of the month of August in the year of the application.
(d) by repealing subsection (3) and substituting the following:
3.1(3)Subject to subsections (8.1) and (9), all applications for an antlerless deer authorization received by the Minister within the time limits established under subsection (2.2) shall be classified according to the wildlife management zone in which each applicant wishes to hunt and shall be submitted to a random computer draw for each wildlife management zone.
(e) in subsection (3.1) by striking out “An application for an antlerless deer validation sticker” and substituting “An application for an antlerless deer authorization”;
(f) in subsection (4) by striking out “to be issued an antlerless deer validation sticker” and substituting “to be issued an antlerless deer authorization”;
(g) by repealing subsection (5) and substituting the following:
3.1(5)No person shall make more than one application to the Minister for an antlerless deer authorization in any year.
(h) in subsection (6) by striking out “issued more than one antlerless deer validation sticker” and substituting “issued more than one antlerless deer authorization”;
(i) by repealing subsection (7);
(j) by repealing subsection (8);
(k) by adding before subsection (9) the following:
3.1(8.1)The Minister shall remove from the draw the name of any applicant who is not the holder of a class III licence.
(l) in subsection (9) by striking out “incomplete, inaccurate, misleading or illegible” and substituting “incomplete, inaccurate or misleading”;
(m) by repealing subsection (10) and substituting the following:
3.1(10)If an applicant’s name has been chosen in the random computer draw, the Minister shall
(a) issue to the applicant an antlerless deer authorization,
(b) replace the applicant’s class III licence with one that
(i) bears the antlerless deer authorization, and
(ii) indicates the wildlife management zone in which the applicant may hunt antlerless deer.
(n) by repealing paragraph (11);
(o) by repealing paragraph (12);
(p) by repealing paragraph (13).
7Section 3.2 of the Regulation is amended
(a) in subsection (4) by striking out the portion preceding paragraph (a) and substituting the following:
3.2(4)An applicant may, through the Department’s website,
(b) in subsection (11) by striking out “purchase” and substituting “obtain”;
(c) in subsection (16) by striking out “purchases” and substituting “obtains”;
(d) in subsection (19) by striking out “purchase” and substituting “obtain”.
8Section 3.3 of the Regulation is amended by striking out “purchase” and substituting “obtain”.
9Section 5 of the Regulation is amended
(a) in subsection (2.1) by striking out “antlerless deer validation sticker” and substituting “antlerless deer authorization”;
(b) in subsection (2.2) by striking out “antlerless deer validation sticker” and “indicated on the sticker” and substituting “antlerless deer authorization” and “indicated on the licence” respectively.
10Subsection 6(2.4) of the Regulation is amended by striking out “purchases” and substituting “obtains”.
11Section 9 of the French version of the Regulation is amended
(a) in subsection (1) by striking out “des balles ou des plombs supérieurs au type F ou BB” and substituting “des balles ou des grenailles de plomb supérieures au type BB ou des grenailles d’acier supérieures au type F”;
(b) in subsection (3) in the portion preceding paragraph a) by striking out “des balles ou des plombs supérieurs au type F ou BB” and substituting “des balles ou des grenailles de plomb supérieures au type BB ou des grenailles d’acier supérieures au type F”;
(c) in subsection (4) by striking out “des balles ou des plombs supérieurs au type F ou BB” and substituting “des balles ou des grenailles de plomb supérieures au type BB ou des grenailles d’acier supérieures au type F”;
(d) in subsection (4.1) by striking out “des balles ou des plombs supérieurs au type F ou BB” and substituting “des balles ou des grenailles de plomb supérieures au type BB ou des grenailles d’acier supérieures au type F”.
12Section 14 of the Regulation is amended
(a) by repealing subsection (1);
(b) by adding before subsection (2) the following:
14(1.1)For the purposes of this Regulation, a tag is associated with a class I or class III licence if the tag has been activated under subsection (1.3) in respect of that licence.
14(1.2)At the same time as he or she applies for the licence, an applicant for a class I or class III licence shall apply for the activation of a tag in respect of the licence.
14(1.3)On an application under subsection (1.2), the Minister may activate a tag in respect of a class I or class III licence using the unique alphanumeric identifier printed on the tag.
14(1.4)A tag associated with a class I or class III licence is not valid if it does not comply with Schedule A.
(c) by repealing subsection (2) and substituting the following:
14(2)Every person who kills a deer shall immediately affix the tag associated with his or her class I or class III licence to the deer in accordance with Schedule B.
13Paragraph 15(2)(a.1) of the Regulation is amended by striking out “a tag from a licence other than the licence” and substituting “a tag associated with a licence other than the licence”.
14Section 16 of the Regulation is amended
(a) in paragraph (2)(b) by striking out “the tag attached to an antler or through an ear of the deer” and substituting “the tag affixed under subsection 14(2) to the deer”;
(b) in subsection (3) by striking out “the person’s antlerless deer validation sticker, affixed to the licence under which the person killed the deer,” and substituting “the person’s class III licence, bearing an antlerless deer authorization, under which the person killed the deer”.
15Paragraph 17(1)(b) of the Regulation is amended by striking out “tag attached by the hunter to an antler or through an ear of the deer” and substituting “tag affixed by the hunter under subsection 14(2) to the deer”.
16Section 25.1 of the Regulation is repealed and the following is substituted:
25.1(1)The fee for a replacement licence or permit 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 is $5.25.
25.1(2)The fee for replacing a sticker issued under this Regulation, other than a new sticker issued under subsection 3.2(17), is $5.25.
17The Regulation is amended by adding the attached Schedules A and B.
18This Regulation comes into force on July 11, 2016.
SCHEDULE A
TAG – CLASS I OR CLASS III LICENCE
1Description
A tag associated with a class I or class III licence 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 a hunter may check off the species and record the year and the hunter’s first and last name.
2Illustration
SCHEDULE B
For the purposes of this Regulation, a tag associated with a class I or class III licence shall be affixed to a deer by
a) inserting the metal wire through the skin of the right foreleg of the deer;
b) peeling back the liner of the sticker and placing the wire on half of the sticky side of the sticker; and
c) folding the sticker over the ends of the metal wire and applying pressure.