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2018-57
- Fish and Wildlife Act
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Enabling Act
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NEW BRUNSWICK
REGULATION 2018-57
under the
Fish and Wildlife Act
(O.C. 2018-198)
Filed June 25, 2018
1
Section 9.1 of New Brunswick Regulation 94-47 under the Fish and Wildlife Act is amended
(
a
)
in paragraph(9)(b) by striking out “November” and substituting
“June”
;
(
b
)
by repealing subsection (11) and substituting the following:
9.1
(11)
If a guide or an outfitter is successful in a draw held under paragraph (1)(b), the Minister shall
(
a
)
advise the guide or outfitter that a non-resident moose licence has been set aside for his or her client, the eventual holder of the non-resident moose licence, and
(
b
)
provide the guide or outfitter with a unique identification number associated with the non-resident moose licence that has been set aside for his or her client.
2
Section 10 of the Regulation is amended
(
a
)
by repealing paragraph (3)(a) and substituting the following:
(
a
)
may purchase the applicant’s non-resident moose licence for that year
(i
)
through the Department’s website or Service New Brunswick’s website,
(ii
)
at a Service New Brunswick centre, or
(iii
)
at the business premises of a vendor appointed under section 84 of the Act, and
(
b
)
by repealing subsection (3.1) and substituting the following:
10
(3.1)
Subject to subsection (6), if a guide or outfitter is successful in any year in the random computer draw held under paragraph 9.1(1)(b),
(
a
)
the guide or outfitter
(i
)
may, if the client of the guide or outfitter is registered under section 82.1 of the Act, 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,
(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, and
(ii
)
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, wish to hunt moose, or
(
b
)
a client of the guide or outfitter
(i
)
may, if the client is registered under section 82.1 of the Act, purchase the non-resident moose licence for that year that had been set aside for the client,
(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, and
(ii
)
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 client and the guide or outfitter wish to hunt moose.
(
c
)
in paragraph (4)(a) by striking out “satisfies the Minister” and substituting
“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”
;
(
d
)
by repealing subsection (6) and substituting the following:
10
(6)
The Minister shall not
(
a
)
issue a non-resident moose licence to a guide or outfitter who is successful in the random computer draw held under subsection 9.1(1)(b) and who obtains the non-resident moose licence on behalf of his or her client unless the guide or outfitter
(i
)
provides the unique identification number provided under subsection 82.1(4) of the Act to his or her client at the time of his or her registration under section 82.1 of the Act or 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, and
(ii
)
provides proof that his or her client 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; and
(
b
)
issue a non-resident moose licence to the client of a guide or outfitter who is successful in the random computer draw held under subsection 9.1(1)(b) unless the client
(i
)
provides the unique identification number provided under subsection 82.1(4) of the Act to the client at the time of his or her registration under section 82.1 of the Act or satisfies the Minister as to his or her identity, residence and age by presenting any identification and other documentation requested by the Minister,
(ii
)
provides proof that he or she 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, and
(iii
)
provides the unique identification number associated with the non-resident moose licence.
3
Section 17 of the Regulation is amended
(
a
)
by repealing subsection (1) and substituting the following:
17
(1)
For the purposes of this Regulation, a tag is associated with a non-resident moose licence if the tag has been activated under subsection (1.2) in respect of that licence.
(
b
)
by adding after subsection (1) the following:
17
(1.1)
At the same time as a person purchases a non-resident moose licence, he or she shall apply for the activation of a tag in respect of the licence.
17
(1.2)
On an application under subsection (1.1), the Minister may activate a tag in respect of a non-resident moose licence using the unique alphanumeric identifier printed on the tag.
17
(1.3)
A tag associated with a non-resident moose licence is not valid if it does not comply with Schedule A.
(
c
)
by repealing subsection (3) and substituting the following:
17
(3)
If a moose has been killed by the holder of a non-resident moose licence, the holder of the non-resident moose licence shall immediately affix the tag associated with his or her licence to the moose in accordance with Schedule B.
(
d
)
in subsection (5) by striking out “a tag from a non-resident moose licence” and substituting
“a tag associated with a non-resident moose licence”
;
(
e
)
by repealing subsection (7) and substituting the following:
17
(7)
No person shall hunt moose under a non-resident moose licence once the tag associated with that licence has been used.
4
Section 21.1 of the Regulation is repealed.
5
The heading “TAG – RESIDENT MOOSE LICENCE” preceding section 1 of Schedule A is repealed and the following is substituted:
6
Section 1 of Schedule A of the Regulation is amended by striking out “resident moose licence” and substituting
“resident moose licence or non-resident moose licence”
.
7
Schedule B of the Regulation is amended in the portion preceding paragraph (a) by striking out “resident moose licence” and substituting
“resident moose licence or non-resident moose licence”
.
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