Acts and Regulations

2021-60 - Fish and Wildlife Act

Full text
NEW BRUNSWICK
REGULATION 2021-60
under the
Fish and Wildlife Act
(O.C. 2021-215)
Filed August 24, 2021
1Paragraph 3(4.1)(b) of New Brunswick Regulation 84-133 under the Fish and Wildlife Act is amended by striking out “the copy of the registration permit issued under paragraph 17(1)(d)” and substituting “the true copy of the registration permit issued under subparagraph 17(b)(iv) or paragraph 17.01(1)(b), as the case may be”.
2Subsection 3.2(19) of the Regulation is amended by striking out “after receiving a true copy of the registration permit from a bear registration agent under subsection 21.3(2)” and substituting “after receiving a true copy of the registration permit issued under subparagraph 21.4(b)(iv) or paragraph 21.5(1)(b), as the case may be”.
3Section 3.3 of the Regulation is amended by striking out “after receiving a true copy of the registration permit from a bear registration agent under subsection 21.3(2)” and substituting “after receiving a true copy of the registration permit issued under subparagraph 21.4(b)(iv) or paragraph 21.5(1)(b), as the case may be”.
4Subsection 13(1) of the Regulation is repealed and the following is substituted:
13(1)The Minister shall establish deer registration stations and shall designate for each station an agent to be in charge of registering the deer presented to the agent for the purposes of registration in accordance with this Regulation.
5Subsection 14(3) of the Regulation is repealed and the following is substituted: 
14(3)No person shall remove a tag affixed to a deer under subsection (2).
6Subsection 15(2) of the Regulation is repealed and the following is substituted: 
15(2)No person shall
(a) affix or allow to be affixed to a deer a tag associated with a licence other than the licence of the person who killed the deer,
(b) register, present for registration and examination or allow to be registered in the person’s name any deer which they did not kill,
(c) keep a deer or any portion of a deer at the person’s home or any place of storage more than 24 hours, unless the deer has been registered, or
(d) for the purposes of a holder of a class I licence, export from the Province the carcass or any portion of the carcass of a deer that the person legally killed, unless the deer has been registered.
7Section 16 of the Regulation is repealed and the following is substituted: 
16(1)Every person who kills a deer shall register the deer in the person’s name
(a) through the Department’s website in accordance with section 17.01, or
(b) at the first open deer registration station on the route taken by the person.
16(2)No person shall transport a deer that is not registered unless the person has killed the deer or is accompanied by the person who killed the deer.
16(3)No person shall sever the head or limbs of a deer from the body of the deer before the deer is registered.
8Section 17 of the Regulation is repealed and the following is substituted: 
17For the purposes of registration at a deer registration station,
(a) a person who kills a deer shall present to the deer registration agent, at the same time the person presents the deer for registration and examination,
(i) in the case of a an antlerless deer, the class III licence issued to that person bearing an antlerless deer authorization under which the person killed the deer, and
(ii) in the case of an antlered deer, the licence under which the person killed the deer, and
(b) a deer registration station agent shall
(i) register each deer legally presented for registration and examination,
(ii) ensure that the hunter has affixed the tag associated with their licence in accordance with subsection 14(2),
(iii) record any information required by the Minister,
(iv) issue a true copy of the registration permit to the person who presents the deer for registration,
(v) forward a report to the Minister at the intervals and containing the information required by the Minister, and
(vi) as soon as circumstances permit after the close of the open season on deer, be paid the sum of one dollar by the Minister of Finance and Treasury Board for each deer registered.
9The Regulation is amended by adding the following after section 17: 
17.01(1)For the purposes of registering a deer through the Department’s website, a person who kills a deer shall
(a) complete an electronic application accessible through the Department’s website and provide the Minister with the information the Minister requires, and
(b) print a true copy of the registration permit issued to the holder following registration or request that a copy of the registration permit be sent to the holder by mail to the address indicated by the holder.
17.01(2)Not later than 72 hours after registering a deer, a person who registers a deer in accordance with subsection (1) shall allow a conservation officer or an assistant conservation officer, on the request of the conservation officer or the assistant conservation officer, to examine the carcass of the deer at its place of storage.
17.01(3)A person who registers a deer in accordance with subsection (1) who fails to provide the Minister any parts or portions of the deer at the time and places designated by the Minister under subsection 10(1) is not entitled to apply for a resident moose licence referred to in subsection 4(1) of the Moose Hunting Regulation under the Act in the year following registration.
10Section 17.1 of the Regulation is amended by striking out “unless it has been registered in accordance with this Regulation in wildlife management zone 1, 2, 3, 6, 7, 8 or 10 to 27” and substituting “unless it has been registered in accordance with this Regulation”.
11Section 18 of the Regulation is repealed.
12Subsection 21.1(1) of the Regulation is repealed and the following is substituted: 
21.1(1)The Minister shall establish bear registration stations and shall designate for each station an agent to be in charge of registering the bear presented to the agent for the purposes of registration in accordance with this Regulation.
13Subsection 21.11(7) of the Regulation is repealed and the following is substituted: 
21.11(7)No person shall remove a tag affixed to a bear under subsection (6).
14Subsection 21.2(7) of the Regulation is repealed and the following is substituted: 
21.2(7)No person shall remove a tag affixed to a bear under subsection (6).
15Section 21.3 of the Regulation is repealed and the following is substituted: 
21.3(1)A holder of a resident bear licence that kills a bear shall register the bear in the holder’s name not later than 72 hours after killing the bear
(a) through the Department’s website in accordance with section 21.5, or
(b) at the first open bear registration station on the route taken by the holder.
21.3(2)A holder of a non-resident bear licence that kills a bear shall register the bear in the holder’s name not later than 72 hours after killing the bear or before any portion of the carcass of the bear is exported from the Province, whichever occurs first,
(a) through the Department’s website in accordance with section 21.5, or
(b) at the first open registration station on the route taken by the holder.
21.3(3)Every person who kills a bear shall accompany the carcass of the bear until it is registered.
21.3(4)No person shall transport a bear that is not registered unless the person has killed the bear or is accompanied by the person who killed the bear.
16The Regulation is amended by adding after section 21.3 the following: 
21.4For the purposes of registration at a bear registration station,
(a) a person who kills a bear shall present to the bear registration agent, at the same time the person presents the bear for registration and examination, the licence issued to that person under which the person killed the bear,
(b) a bear registration agent shall
(i) register each bear legally presented for registration and examination,
(ii) ensure that the hunter has affixed the tag associated with their licence in accordance with subsection 21.11(6) or 21.2(6), as the case may be,
(iii) record any information required by the Minister, and
(iv) issue a true copy of the registration permit to the person who presents the bear for registration,
(v) forward a report to the Minister at the intervals and containing the information required by the Minister.
21.5(1)For the purposes of registering a bear through the Department’s website, a person who kills a bear shall
(a) complete an electronic application accessible through the Department’s website and provide the information required by the Minister, and
(b) print a true copy of the registration permit issued to the person following registration or request that a copy of the registration permit be sent to the person by mail to the address indicated by the person.
21.5(2)Not later than 72 hours after killing a bear, a person who registers a bear in accordance with subsection (1) shall allow, on the request of a conservation officer or an assistant conservation officer, the conservation officer or the assistant conservation officer to examine the carcass of the bear at its place of storage.
21.5(3)A person who registers a bear in accordance with subsection (1) who fails to provide the Minister any parts or portions of the bear at the time and places designated by the Minister under subsection 10(1) is not entitled to apply for a resident moose licence referred to in subsection 4(1) of the Moose Hunting Regulation under the Act in the year following registration.
21.6No person shall
(a) affix or allow to be affixed to a bear a tag associated with a resident bear licence other than the resident bear licence of the person who killed the bear,
(b) affix or allow to be affixed to a bear a tag associated with a non-resident bear licence other than the non-resident bear licence of the person who killed the bear, and
(c) register, present for registration and examination or allow it to be registered in the person’s name any bear that was not killed by that person.