Acts and Regulations

2022-59 - Fish and Wildlife Act

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NEW BRUNSWICK
REGULATION 2022-59
under the
Fish and Wildlife Act
(O.C. 2022-239)
Filed August 30, 2022
1Section 9.1 of New Brunswick Regulation 94-47 under the Fish and Wildlife Act is amended
(a) in subsection (5) by striking out “Subject to subsection (6)” and substituting “Subject to subsections (6) and (7.1)”;
(b) by repealing subsection (7) and substituting the following:
9.1(7)The Minister shall choose 120 applications on the following basis:
(a) subject to paragraphs (7.1)(d) and (8)(b), 25 applications from the applications submitted to the draw referred to in paragraph (1)(a); and
(b) ninety-five applications from the applications submitted to the draw referred to in paragraph (1)(b).
(c) by adding after subsection (7) the following:
9.1(7.1)Despite paragraph (7)(b), if there are 95 applications or less for a draw held under paragraph (1)(b), the Minister, in lieu of submitting the applications to the draw, may
(a) set aside a licence for the client of each guide and outfitter who has applied for the draw,
(b) advise each guide and outfitter that a non-resident moose licence has been set aside for their client, the eventual holder of the non-resident moose licence,
(c) provide each guide and outfitter with a unique identification number associated with the non-resident moose licence that has been set aside for their client, and
(d) assign the remaining licences and the licences that are unclaimed in the draw held under paragraph (1)(a).
(d) by repealing subsection (8) and substituting the following:
9.1(8)If there are more than 95 applications for a draw held under paragraph (1)(b), the Minister shall
(a) choose the number of applications as set out in paragraph (7)(b), and
(b) assign the licences that are unclaimed in the draw held under paragraph (1)(a).
(e) by adding after subsection (8) the following:
9.1(8.1)If there are more than 25 applications for a draw held under paragraph (1)(a), the Minister shall choose the number of applications as set out in paragraph (7)(a), and then, from the remaining applications, determine the order of priority for obtaining the licences that are unclaimed by successful applicants.
(f) in subsection (9)
(i) in the portion preceding paragraph (a) by striking out “For the purposes of subsection (8)” and substituting “For the purposes of paragraphs (7.1)(d) and (8)(b) and subsection (8.1)”;
(ii) in paragraph (b) by striking out “for the moose season of all other subsequent years, the second Friday of the month of June that follows the date of the draw” and substituting “for the moose season that follows the year of the application, April 31 that follows the date of the draw”;
(g) by repealing subsection (10).
2Section 10 of the Regulation is amended
(a) in subsection (3.1) in the portion preceding paragraph (a) by striking out “if a guide or outfitter is successful in any year in the random computer draw held under paragraph 9.1(1)(b)” and substituting “if a guide or outfitter is successful in the random computer draw held under paragraph 9.1(1)(b) or a licence was set aside for their client under subsection 9.1(7.1) in any year”;
(b) in subsection (6)
(i) in paragraph (a) in the portion preceding subparagraph (i) by striking out “to a guide or outfitter who is successful in the random computer draw held under subsection 9.1(1)(b)” and substituting “to a guide or outfitter who is successful in the random computer draw held under paragraph 9.1(1)(b) or to a guide or outfitter under paragraph 9.1(7.1)(a)”;
(ii) in paragraph (b) in the portion preceding subparagraph (i) by striking out “to the client of a guide or outfitter who is successful in the random computer draw held under subsection 9.1(1)(b)” and substituting “to the client of a guide or outfitter who is successful in the random computer draw held under paragraph 9.1(1)(b) or the client of the guide or outfitter for whom a licence was set aside under paragraph 9.1(7.1)(a)”;
(c) in subsection (7) in the portion preceding paragraph (a) by striking out “the client of a guide or outfitter who is successful in the random computer draw held under paragraph 9.1(1)(b)” and substituting “the client referred to in that paragraph”.