Acts and Regulations

2016-44 - Fish and Wildlife Act

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NEW BRUNSWICK
REGULATION 2016-44
under the
Fish and Wildlife Act
(O.C. 2016-152)
Filed July 8, 2016
1Section 4 of New Brunswick Regulation 94-47 under the Fish and Wildlife Act is amended
(a) in paragraph (2)b) of the French version by striking out “que l’on peut trouver en consultant le site Internet” and substituting “à partir du site Web”;
(b) by repealing subsection (5) and substituting the following:
4(5)An application for a non-resident moose licence may be made
(a) by completing an electronic application available on the Department website, or
(b) if made by a guide or outfitter, by providing the information required by the Minister, in the manner that the Minister requires.
2Paragraph 9(1)b) of the French version of the Regulation is amended by striking out “que l’on peut trouver en consultant le site Internet” and substituting “à partir du site Web”.
3Section 9.1 of the Regulation is amended
(a) by repealing subsection (3) and substituting the following:
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 12 midnight of the last day of the month of April in the year of the application.
(b) in subsection (5) by striking out “time limits established under subsection (3) or (4)” and substituting “time limit established under subsection (3) or (4)”;
(c) by repealing subsection (10) and substituting the following:
9.1(10)If there are fewer applications than non-resident moose licences available at the time of the draw under paragraph (1)(b), the Minister may hold a random computer draw for the extra licences in which all those who participated in the first draw may participate.
4Section 10 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
10(1)Subject to subsection (2), an applicant who in any year is successful in the random computer draw held under subsection 9(2), or any other person on behalf of the applicant, may obtain the applicant’s resident moose licence for that year
(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.
(b) by repealing subsection (2) and substituting the following:
10(2)The Minister shall not issue a resident moose licence for a successful applicant unless the applicant, or the person obtaining the applicant’s licence on behalf of the applicant,
(a) provides the unique identification number provided under subsection 82.1(4) of the Act to the applicant at the time of his or her registration under section 82.1 of the Act or satisfies the Minister as to the applicant’s identity by presenting any identification and other documentation requested by the Minister, and
(b) provides proof that the applicant 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.
(c) by repealing subsection (4) and substituting the following:
10(4)The Minister shall not issue a non-resident moose licence for a successful applicant who has been chosen in a draw referred to in paragraph 9.1(1)(a) unless the applicant, or the person obtaining the licence on behalf of the applicant,
(a) satisfies the Minister as to the applicant’s identity, residence and age by presenting any identification and other documentation requested by the Minister, and
(b) provides proof that the applicant 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.
(d) by repealing subsection (5) and substituting the following:
10(5)Paragraphs (2)(b) and (4)(b) do 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 the applicant previously held such a licence, or
(b) by producing the licence.
(e) in subsection (6)
(i) in paragraph (a) of the English version by adding “and” at the end of the paragraph;
(ii) by repealing paragraph (b) and substituting the following:
(b) provides proof that his or her client 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.
(iii) by repealing paragraph (c);
(f) by repealing subsection (7) and substituting the following:
10(7)Paragraph (6)(b) does not apply if the client of a guide or outfitter who is successful in the random computer draw held under paragraph 9.1(1)(b) was born before January 1, 1981, and the guide or outfitter 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 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 the client previously held such a licence, or
(b) by producing the licence.
5Section 10.1 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
10.1(1)Subject to subsections (1.1), (6) and (7), an applicant who in any year is successful in the random computer draw held under subsection 9(2), or any other person on behalf of the applicant, may, at the time of obtaining the applicant’s resident moose licence or at any later time during the term of that licence, designate a person for the purposes of subsection (2)
(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.
(b) in subsection (1.1)
(i) in paragraph (c) by striking out the semicolon at the end of the paragraph and substituting a period;
(ii) by repealing paragraph (d);
(c) by repealing subsection (2) and substituting the following:
10.1(2)A person designated under subsection (1), or any other person on behalf of that person, may, at the time of the designation or at any later time during the term of the successful applicant’s resident moose licence, obtain a designated resident moose licence if the person obtaining the licence
(a) provides the unique identification number provided under subsection 82.1(4) of the Act to the person designated under subsection (1) at the time of his or her registration under section 82.1 of the Act or satisfies the Minister as to the person’s identity by presenting any identification and other documentation requested by the Minister, and
(b) provides proof that the person designated under subsection (1) 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.
(d) by adding after subsection (2) the following:
10.1(2.01)A person may obtain a designated resident moose licence under subsection (2)
(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.
(e) by repealing subsection (2.1);
(f) by repealing subsection (3) and substituting the following:
10.1(3)If the holder of a designated resident moose licence no longer intends to hunt moose in the year in which the licence was issued and, subject to subsections (3.1), (6) and (7), the holder of the resident moose licence in respect of which the designated resident moose licence was issued, or any other person on his or her behalf, designates another person for the purposes of this subsection by appearing in person at a Service New Brunswick centre, the Minister may, on payment of the applicable fee set out in subsection 11(1) and subject to subsection (3.3), issue a designated resident moose licence to the person designated under this subsection.
(g) in subsection (3.1)
(i) in the portion preceding paragraph (a) by striking out “paragraph (3)(b)” and substituting “subsection (3)”;
(ii) in paragraph (c) by striking out the semicolon at the end of the paragraph and substituting a period;
(iii) by repealing paragraph (d);
(h) in subsection (3.21) by striking out “paragraph (3)(b)” and substituting “subsection (3)”;
(i) by repealing subsection (3.3) and substituting the following:
10.1(3.3)The Minister shall not issue a designated resident moose licence to a person designated under subsection (3) unless the person designated under subsection (3) or the person obtaining the licence on his or her behalf
(a) provides the unique identification number provided under subsection 82.1(4) of the Act to the person designated under subsection (3) at the time of his or her registration under section 82.1 of the Act or satisfies the Minister as to the person’s identity by presenting any identification and other documentation requested by the Minister, and
(b) provides proof that the person designated under subsection (3) 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.
(j) by repealing subsection (3.4);
(k) by repealing subsection (3.5) and substituting the following:
10.1(3.5)Paragraphs (2)(b) and (3.3)(b) do not apply if the person designated under subsection (1) or (3) was born before January 1, 1981, and he or she, or the person obtaining the designated resident moose licence on his or her behalf, provides proof that the person designated under subsection (1) or (3) 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 the person designated under subsection (1) or (3) previously held such a licence, or
(b) by producing the licence.
(l) by repealing subsection (3.6) and substituting the following:
10.1(3.6)If the holder of the resident moose licence in respect of which a designated resident moose licence was issued dies in the same year as his or her licence was issued, subject to subsections (3.7), (3.8) and (6) and on payment of the applicable fee set out in subsection 11(1), the Minister may, on the request of the holder of the designated resident moose licence or a person acting on his or her behalf, cancel that designated resident moose licence and issue a resident moose licence to the former holder of the designated resident moose licence.
(m) in subsection (3.8) by striking out “Subsection (1) and paragraph (3)(b)” and substituting “Subsections (1) and (3)”;
(n) by repealing subsection (5);
(o) in subsection (6) by striking out “subsection (1) or paragraph (3)(b)” and substituting “subsection (1) or (3)”.
6Section 11 of the Regulation is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a) of the English version by striking out “purchase” and substituting “obtain”;
(ii) in paragraph (a) by striking out “time of purchase” and substituting “time of obtaining the licence”;
(iii) in paragraph (b) by striking out “time of purchase” and substituting “time of obtaining the licence”;
(b) in subsection (2) of the English version by striking out “purchase” and substituting “obtain”.
7Subsection 12(1) of the Regulation is amended by striking out “at the time of the purchase of a resident moose licence, a designated resident moose licence or a non-resident moose licence” and substituting “at the time a resident moose licence, a designated resident moose licence or a non-resident moose licence is obtained”.
8Section 13 of the Regulation is amended
(a) in subsection (2) by striking out “Where a designated resident moose licence has been issued with a resident moose licence” and substituting “If a designated resident moose licence has been issued in respect of a resident moose licence”;
(b) in subsection (3) “Where a designated resident moose licence has not been issued with a resident moose licence” and substituting “If a designated resident moose licence has not been issued in respect of a resident moose licence”.
9Section 17 of the Regulation is amended
(a) by adding before subsection (1) the following:
17(0.1)For the purposes of this Regulation, a tag is associated with a resident moose licence if the tag has been activated under subsection (0.3) in respect of that licence.
17(0.2)At the same time as he or she applies for the licence, an applicant for a resident moose licence shall apply for the activation of a tag in respect of the licence.
17(0.3)On an application under subsection (0.2), the Minister may activate a tag in respect of a resident moose licence using the unique alphanumeric identifier printed on the tag.
17(0.4)A tag associated with a resident moose licence is not valid if it does not comply with Schedule A.
(b) in subsection (1)
(i) in paragraph (a) by striking out “resident moose licence and”;
(ii) in paragraph (b) by striking out “resident moose licence or”;
(c) by repealing subsection (2) and substituting the following:
17(2)If a moose has been killed by the holder of a resident moose licence or by the holder of a designated resident moose licence issued in respect of the resident moose licence, the holder of the resident moose licence shall immediately affix the tag associated with his or her licence to the moose in accordance with Schedule B.
(d) by repealing subsection (4) and substituting the following:
17(4)No person shall affix or allow to be affixed to a moose a tag associated with a resident moose licence other than the resident moose licence of
(a) the person who killed the moose, or
(b) if the holder of a designated resident moose licence killed the moose, the holder of the resident moose licence in respect of which the designated resident moose licence was issued.
(e) in subsection (6) by striking out “affixed to a moose in accordance with this section” and substituting “affixed to a moose under this section”;
(f) by adding after subsection (6) the following:
17(6.1)No person shall hunt moose under a resident moose licence once the tag associated with that licence has been used.
(g) in subsection (7) by striking out “a resident moose licence or”;
(h) by repealing subsection (8) and substituting the following:
17(8)No person shall hunt moose under a designated resident moose licence once the tag associated with the resident moose licence in respect of which the designated resident moose licence was issued has been used.
10Section 17.1 of the Regulation is amended
(a) in subsection (1) by striking out “with a resident moose licence” and substituting “in respect of a resident moose licence”;
(b) in subsection (2) by striking out “with a resident moose licence” and substituting “in respect of a resident moose licence”.
11Section 18 of the Regulation is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out “with the resident moose licence” and substituting “in respect of the resident moose licence”;
(b) in subsection (2) by striking out “with the resident moose licence” and substituting “in respect of the resident moose licence”;
(c) in subsection (6) of the French version by striking out “pour lequel le permis de chasse à l’orignal pour résident désigné a été délivré” and substituting “du fait duquel a été délivré le permis de chasse à l’orignal pour résident désigné”.
12Paragraph 19(1)(c) of the Regulation is amended by striking out “in accordance with section 17” and substituting “under section 17”.
13The Regulation is amended by adding after section 21 the following:
21.1The holder of a non-resident moose licence who has lost his or her licence or whose licence has been destroyed may apply to the Minister for a replacement and the Minister, if satisfied that the licence is lost or destroyed, may, on payment of the fee set out in section 22, issue a replacement licence to the holder.
14Section 22 of the Regulation is repealed and the following is substituted:
22The fee for a replacement licence obtained by a person at a Service New Brunswick centre or at the premises of a vendor appointed under section 84 of the Act is $5.25.
15The Regulation is amended by adding the attached Schedules A and B.
16This Regulation comes into force on July 11, 2016.
SCHEDULE A
TAG – RESIDENT MOOSE LICENCE
1Description
A tag associated with a resident moose 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 resident moose licence shall be affixed to a moose by
a) inserting the metal wire through the skin of the right foreleg of the moose;
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.