Acts and Regulations

94-47 - Moose Hunting

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 94-47
under the
Fish and Wildlife Act
(O.C. 94-235)
Filed April 22, 1994
Under section 118 of the Fish and Wildlife Act, the Lieutenant-Governor in Council makes the following Regulation:
2004-80
1This Regulation may be cited as the Moose Hunting Regulation - Fish and Wildlife Act.
2004-80
2In this Regulation
“Act” means the Fish and Wildlife Act;(Loi)
“arrow fitted with a broad head” Repealed: 2011-53
“members of the Royal Canadian Mounted Police force” means members of the Royal Canadian Mounted Police force as defined in the General Regulation - Medical Services Payment Act;(membres de la Gendarmerie royale du Canada)
“moose registration agent” Repealed: 2013-61
“moose season” , with reference to any year, means the Tuesday, Wednesday, Thursday, Friday and Saturday of the last full week of September;(saison de chasse à l’orignal)
“New Brunswick Medicare card” Repealed: 2015-6
“New Brunswick Medicare number” Repealed: 2015-6
95-119; 2004-80; 2011-34; 2011-53; 2013-61; 2014-72; 2015-6
3For the purposes of this Regulation, the wildlife management zones shall be the same as the wildlife management zones established under section 12 of the Hunting Regulation - Fish and Wildlife Act.
2004-80
4(1)Subject to subsection 82.1(1) of the Act, an application for a resident moose licence may be made by a person
(a) who is eighteen years of age or over,
(b) Repealed: 2015-6
(c) whose principal place of residence is within the Province, and
(d) who provides proof of successful completion, in the Province or elsewhere,
(i) of a firearm safety and hunter education course recognized by the Minister, or
(ii) if hunting by bow or crossbow, of a bow hunter education course recognized by the Minister.
4(1.01)Paragraph (1)(d) does not apply if the applicant was born before January 1, 1981, and provides proof that the applicant previously held a hunting licence issued
(a) under the Act or any regulation under the Act, or
(b) under an act of another jurisdiction that is substantially similar to the Act or under a regulation under such an act.
4(1.02)For the purposes of subsection (1.01), an applicant may provide proof that the applicant previously held a hunting licence by
(a) certifying in the manner required by the Minister that the applicant previously held such a licence, or
(b) producing the licence.
4(1.1)Despite paragraph 4(1)(c), a resident who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police whose principal place of residence is outside the Province may apply for a resident moose licence.
4(2)An application for a resident moose licence may be made
(a) Repealed: 2022-18
(b) by completing an electronic application accessible through the Department’s website or Service New Brunswick’s website,
(c) at a Service New Brunswick centre, or
(d) at the business premises of a vendor appointed under section 84 of the Act.
4(3)An applicant for a resident moose licence shall pay a non-refundable application fee of $6.30.
4(4)An application for a non-resident moose licence may be made by a non-resident who is eighteen years of age or over.
4(5)An application for a non-resident moose licence issued under paragraph 9.1(1)(a) may be made
(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.
4(5.1)An application for a non-resident moose licence issued under paragraph 9.1(1)(b) may be made by providing the information required by the Minister, in the manner that the Minister requires.
4(6)An applicant for a non-resident moose licence shall pay a non-refundable application fee of $26.25.
4(7)No person shall apply for a resident moose licence or a non-resident moose licence more than once in any one year.
96-63; 2004, c.20, s.28; 2011-26; 2011-34; 2014-17; 2015-6; 2016-44; 2018-2; 2019-8; 2022-18
4.1(1)A person who applies for a resident moose licence under subsection 4(2) shall pay, in addition to any other fee payable under this Regulation in respect of the application, a conservation fee of two dollars.
4.1(2)A person who applies for a non-resident moose licence under subsection 4(5) or (5.1) shall pay, in addition to any other fee payable under this Regulation in respect of the application, a conservation fee of ten dollars.
4.1(3)Conservation fees paid under this section shall be deposited to the credit of the special purpose account within the Consolidated Fund identified as the Wildlife Trust Fund.
97-118; 2002-11; 2015-6; 2018-2
5(1)Subject to subsection 20(1), the Minister may establish an annual quota of moose that may be hunted by residents in each wildlife management zone, which quota may vary by wildlife management zone.
5(2)The number of applicants who are issued a resident moose licence following the random computer draw referred to in subsection 9(2) for a wildlife management zone shall not be greater than the quota established by the Minister under this section for that wildlife management zone.
96-63; 2011-34
6An applicant for a resident moose licence shall indicate from among the wildlife management zones for which a quota has been established by the Minister under section 5 the one wildlife management zone in which the applicant wishes to hunt moose.
96-63; 2004, c.20, s.28; 2011-34; 2015-6
7Repealed: 2015-6
96-63; 2004, c.20, s.28; 2011-26; 2011-34; 2014-52; 2015-6
8Repealed: 2015-6
96-63; 2004, c.20, s.28; 2011-34; 2015-6
9(1)An application for a resident moose licence shall not be made or accepted later than
(a) Repealed: 2022-18
(b) in the case of an electronic application accessed through the Department’s website or Service New Brunswick’s website, 12 midnight of the second Friday of the month of June in the year of the application,
(c) 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 second Friday of the month of June in the year of the application, and
(d) 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 second Friday of the month of June in the year of the application.
9(2)Subject to subsection (3), all applications for a resident moose licence received by the Minister on or before the time limits established under subsection (1) shall be classified according to the wildlife management zone in which each applicant wishes to hunt moose and shall be submitted to a random computer draw for each wildlife management zone.
9(2.1)For the purposes of subsection (2), the following rules apply each year to the random computer draw for a wildlife management zone:
(a) an application shall be entered into the random computer draw one time if the applicant
(i) has never previously applied to a random computer draw or has never been successful in a random computer draw and has previously applied to up to four random computer draws, or
(ii) has been unsuccessful in up to four random computer draws since the last time their application was chosen in a random computer draw;
(b) an application shall be entered into the random computer draw the number of times determined in accordance with the formula set out in subsection (2.2) if the applicant
(i) has never been successful in a random computer draw and has previously applied to between five and nineteen random computer draws, or
(ii) has been unsuccessful in between five and nineteen random computer draws since the last time their application was chosen in a random computer draw;
(c) an application shall be entered into the random computer draw 243 times if the applicant
(i) has never been successful in a random computer draw and has previously applied to at least 20 random computer draws, or
(ii) has been unsuccessful in at least 20 random computer draws since the last time their application was chosen in a random computer draw.
9(2.2)The following formula applies for the purposes of paragraph (2.1)(b):
A = 3X
where
A is the number of times an application shall be entered into a random computer draw;
Xis obtained:
(a)in the circumstances referred to in subparagraph (2.1)(b)(i), by dividing the number of random computer draws to which the applicant has previously applied by five and then, if the quotient is not a whole number, by rounding down to the nearest whole number;
(b)in the circumstances referred to in subparagraph (2.1)(b)(ii), by dividing the number of random computer draws in which the applicant has been unsuccessful since the last time their application was chosen in a random computer draw by five and then, if the quotient is not a whole number, by rounding down to the nearest whole number.
9(2.3)For the purposes of subsections (2.1) and (2.2), the Minister shall rely exclusively on data or information relating to random computer draws held in relation to resident moose licences on or after 1994 and any application removed by the Minister from a draw shall not be counted.
9(3)The Minister may remove from the draw held under subsection (2) any of the applications made by an applicant who has made more than one application in any year or is not entitled to make an application or any application that is in any way incomplete, inaccurate or misleading.
9(4)Repealed: 2014-17
9(5)Repealed: 2014-17
9(6)Repealed: 2014-17
95-119; 96-63; 2004, c.20, s.28; 2011-34; 2014-17; 2015-6; 2016-44; 2019-8; 2020-56; 2022-18
Non-resident moose licence
9.1(1)The Minister shall, for the purpose of issuing non-resident moose licences, conduct the following two random computer draws:
(a) a non-resident draw; and
(b) a guide and outfitter draw.
9.1(2)A person may only participate in the guide and outfitter draw
(a) if the person
(i) operates an outfitting business located in New Brunswick that includes an accommodation that has been approved by the Minister, or
(ii) is a holder of a valid guide I licence and operates a guiding business located in New Brunswick that includes an accommodation that has been approved by the Minister,
(b) if the person operates a business that is registered in the Province under one of the following Acts:
(i) the Business Corporations Act;
(ii) the Companies Act;
(iii) the Limited Partnership Act; and
(iv) the Partnerships and Business Names Registration Act; and
(c) if the person provides proof of liability insurance coverage in an amount of not less than $5,000,000 for the person and their clients with respect to the person’s outfitting business or guiding business, as the case may be.
9.1(3)An application for a non-resident moose licence issued under paragraph (1)(a) shall not be made or 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 last day of the month of April 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 last day of the month of April 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 last day of the month of April in the year of the application.
9.1(4) For the moose season of any year, an application for a non-resident moose licence issued under paragraph (1)(b) shall not be accepted if the Minister receives the application after 4:30 p.m. of the first Friday of the month of October in the preceding year.
9.1(4.1)If the Minister receives an application for a non-resident moose licence issued under paragraph (1)(b) and the applicant does not meet the requirements set out in subsection (2), the Minister shall send a written notice to the applicant by ordinary mail and the notice is deemed to have been received by the applicant seven days after the date of mailing.
9.1(4.2)An applicant may, within 30 days after receiving the written notice, resubmit the application and the Minister may, despite subsection (4), accept the application.
9.1(5)Subject to subsections (6) and (7.1), all applications for a non-resident moose licence received by the Minister on or before the time limit established under subsection (3), (4) or (4.2) shall be submitted to the appropriate draw.
9.1(6)The Minister may remove from a draw held under subsection (1) the number of any applicant who has made more than one application in any year.
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).
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).
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).
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.
9.1(9)For the purposes of paragraphs (7.1)(d) and (8)(b) and subsection (8.1), a non-resident moose licence is deemed to be unclaimed if the licence is not purchased on or before,
(a) in the case of a draw held under paragraph (1)(a), the second Friday of the month of June that follows the date of the draw, and
(b) in the case of a draw held under paragraph (1)(b) for the moose season that follows the year of the application, April 30 that follows the date of the draw.
9.1(10)Repealed: 2022-59
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 their 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 their client.
2014-17; 2016-44; 2018-2; 2018-57; 2019-26; 2020-56; 2022-59; 2023, c.2, s.182
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.
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 registration under section 82.1 of the Act, or
(b) satisfies the Minister as to the applicant’s identity by presenting the identification and other documentation requested by the Minister.
10(3)Subject to subsection (4), an applicant who in any year is successful in the random computer draw held under paragraph 9.1(1)(a), or any other person on behalf of the applicant,
(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) 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 applicant wishes to hunt moose.
10(3.1)Subject to subsection (6), 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,
(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 their 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 their 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.
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) provides the unique identification number provided under subsection 82.1(4) of the Act to the applicant at the time of registration under section 82.1 of the Act or 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.
10(5)Paragraph (4)(b) 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 the applicant previously held such a licence, or
(b) by producing the licence.
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 paragraph 9.1(1)(b) or to a guide or outfitter under paragraph 9.1(7.1)(a) and who obtains the non-resident moose licence on behalf of their client unless the guide or outfitter
(i) provides the unique identification number provided under subsection 82.1(4) of the Act to the client at the time of registration under section 82.1 of the Act or satisfies the Minister as to the client’s identity, residence and age by presenting any identification and other documentation requested by the Minister, and
(ii) provides proof that their 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 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) 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 registration under section 82.1 of the Act or satisfies the Minister as to the client’s identity, residence and age by presenting any identification and other documentation requested by the Minister,
(ii) provides proof that they 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.
10(7)Paragraph (6)(b) does not apply if the client referred to in that paragraph was born before January 1, 1981, and the guide or outfitter provides proof that their 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.
95-119; 96-63; 2004, c.20, s.28; 2011-34; 2011-53; 2014-17; 2015-6; 2016-44; 2018-57; 2019-8; 2020-56; 2022-59
10.1(1)Subject to subsections (1.1), (6), (7), (8) and (9), 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.
10.1(1.1)The following persons are not eligible to be designated under subsection (1):
(a) a person who is under 16 years of age;
(b) Repealed: 2015-6
(c) a person whose principal place of residence is not within the Province.
(d) Repealed: 2016-44
10.1(1.2)Repealed: 2015-6
10.1(1.3)Despite paragraph (1.1)(c) but subject to subsections (6), (7), (8) and (9), a resident who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police whose principal place of residence is outside the Province may be designated under subsection (1).
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 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.
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.
10.1(2.1)Repealed: 2016-44
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), (7), (8) and (9), the holder of the resident moose licence in respect of which the designated resident moose licence was issued, or any other person on their 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.
10.1(3.1)The following persons are not eligible to be designated under subsection (3):
(a) a person who is under 16 years of age;
(b) Repealed: 2015-6
(c) a person whose principal place of residence is not within the Province.
(d) Repealed: 2016-44
10.1(3.2)Repealed: 2015-6
10.1(3.21)Despite paragraph (3.1)(c) but subject to subsections (6), (7), (8) and (9), a resident who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police whose principal place of residence is outside the Province may be designated under subsection (3).
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 their 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 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.
10.1(3.4)Repealed: 2016-44
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 they, or the person obtaining the designated resident moose licence on their behalf, provide 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.
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 their licence was issued, subject to subsections (3.7), (3.8), (6), (8) and (9) 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 their behalf, cancel that designated resident moose licence and issue a resident moose licence to the former holder of the designated resident moose licence.
10.1(3.7)A resident moose licence shall only be issued under subsection (3.6) in the same year as the previously issued resident moose licence was issued.
10.1(3.8)Subsections (1) and (3) do not apply to the holder of a resident moose licence issued under subsection (3.6).
10.1(4)Repealed: 2011-34
10.1(5)Repealed: 2016-44
10.1(6)No holder of a resident moose licence in any year shall be designated under subsection (1) or (3) in that year.
10.1(7)No person shall hold more than one designated resident moose licence in any year.
10.1(8)No holder of a conservation fundraising moose licence in any year shall be designated under subsection (1) or (3) in that year.
10.1(9)No holder of a designated conservation fundraising moose licence in any year shall be designated under subsection (1) or (3) in that year.
96-63; 2004-149; 2009-155; 2011-34; 2011-53; 2013-61; 2014-52; 2015-6; 2016-44; 2020-56; 2022-20
10.2In sections 10.3 and 10.4, “raffle” means a raffle as defined in the Charitable Gaming Licensees Regulation – Gaming Control Act.
2022-20
10.3(1)For the purpose of issuing a conservation fundraising moose licence, the Minister may approve, for a period not exceeding two years, a hunting or fishing organization or club incorporated under the Companies Act for the purpose of conducting a raffle each year to select a winner, the eventual holder of the licence.
10.3(2)The Minister shall notify an association or club approved under subsection (1) that a conservation fundraising moose licence has been set aside for the winner of the raffle, and the association or club, as the case may be, shall notify the Minister when the winner has been selected.
10.3(3)Subject to subsections (5) and (9), the winner of the raffle conducted by an association or club in any year, or a person acting on behalf of the winner,
(a) may apply for a conservation fundraising 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) 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 winner wishes to hunt moose.
10.3(4)Subject to subsection 20(1), an applicant for a conservation fundraising moose licence may hunt in any wildlife management zone even when the number of applicants chosen following the random computer draw referred to in subsection 9(2) is equal to the annual quota of moose that may be hunted by residents in that wildlife management zone.
10.3(5)The Minister shall not issue a conservation fundraising moose licence to a winner of a raffle unless the winner, or the person obtaining the conservation fundraising moose licence action on behalf of the winner,
(a) satisfies the Minister as to the winner’s identity and as to the following by providing the unique identification number provided to the winner under subsection 82.1(4) of the Act at the time of registration under section 82.1 of the Act or satisfies the Minister as to the winner’s identity by presenting any identification and other documentation requested by the Minister:
(i) the winner’s principal place of residence is within the Province; and
(ii) the winner is 18 years of age or older; and
(b) provides proof that the winner successfully completed in the Province or elsewhere one of the following courses recognized by the Minister: 
(i) a firearm safety and hunter education course; or
(ii) if hunting by bow or crossbow, a bow hunter education course.
10.3(6)Paragraph (5)(b) does not apply if a winner was born before January 1, 1981, and provides proof that the winner was the previous holder of a hunting licence issued
(a) under the Act or any regulation under the Act, or
(b) under an act of another jurisdiction that is substantially similar to the Act or under a regulation under that act.
10.3(7)For the purposes of subsection (6), a winner may provide proof that the winner was the previous holder of a hunting licence
(a) by certifying in the manner required by the Minister that the winner previously held such a licence, or
(b) by producing the licence.
10.3(8)Despite subparagraph (5)(a)(i), the Minister may issue a conservation fundraising moose licence to a resident who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police whose principal place of residence is outside the Province.
10.3(9)A person who was successful in the random computer draw held under subsection 9(2) in any year shall not apply for a conservation fundraising moose licence in that year.
2022-20
10.4(1)Subject to subsections (2), (14), (15) and (16), a winner of a raffle conducted by a hunting or fishing association or club, or any other person acting on behalf of the winner, may, at the time of obtaining the conservation fundraising moose licence or at any later time during the term of that licence, designate a person for the purposes of subsection (4)
(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.
10.4(2)The following persons are not eligible to be designated under subsection (1):
(a) a person who is under 16 years of age; and
(b) a person whose principal place of residence is not within the Province.
10.4(3)Despite paragraph (2)(b) but subject to subsections (14), (15) and (16), a resident who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police whose principal place of residence is outside the Province may be designated under subsection (1).
10.4(4)A person designated under subsection (1), or any other person acting on behalf of that person, may, at the time of the designation or at any later time during the term of the conservation fundraising moose licence, obtain a designated conservation fundraising 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 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 one of the following courses recognized by the Minister: 
(i) a firearm safety and hunter education course; or
(ii) if hunting by bow or crossbow, a bow hunter education course.
10.4(5)A person may obtain a designated conservation fundraising moose licence under subsection (4)
(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.
10.4(6)If the holder of a designated conservation fundraising moose licence no longer intends to hunt moose in the year in which the licence was issued and, subject to subsections (7), (14), (15) and (16), the holder of the conservation fundraising moose licence in respect of which the designated conservation fundraising moose licence was issued, or any other person acting the holder’s 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(3) and subject to subsection (9), issue a designated conservation fundraising moose licence to the person designated under this subsection.
10.4(7)The following persons are not eligible to be designated under subsection (6):
(a) a person who is under 16 years of age;
(b) a person whose principal place of residence is not within the Province.
10.4(8)Despite paragraph (7)(b) but subject to subsections (14), (15) and (16), a resident who was born in the Province and who is a member of the Canadian Forces or the Royal Canadian Mounted Police whose principal place of residence is outside the Province may be designated under subsection (6).
10.4(9)The Minister shall not issue a designated conservation fundraising moose licence to a person designated under subsection (6) unless the person or the person obtaining the licence on behalf the person designated
(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 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 (6) successfully completed in the Province or elsewhere one of the following courses recognized by the Minister: 
(i) a firearm safety and hunter education course; or
(ii) if hunting by bow or crossbow, a bow hunter education course.
10.4(10)Paragraphs (4)(b) and (9)(b) do not apply if the person designated under subsection (1) or (6) was born before January 1, 1981, and the person, or a person obtaining the designated conservation fundraising moose licence on behalf of the person, provides proof that the person designated under subsection (1) or (6) 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 that act
(a) by certifying in the manner required by the Minister that the person previously held such a licence, or
(b) by producing the licence.
10.4(11)Subject to subsections (12), (13), (14), (15) and (16) and on payment of the applicable fee set out in subsection 11(3), if the holder of the conservation fundraising moose licence in respect of which a designated conservation fundraising moose licence was issued dies in the same year as their licence was issued, the Minister may, on the request of the holder of the designated conservation fundraising moose licence or a person acting on their behalf, cancel that designated conservation fundraising moose licence and issue a conservation fundraising moose licence to the former holder of the designated conservation fundraising moose licence.
10.4(12)A conservation fundraising moose licence shall only be issued under subsection (11) in the same year as the previously issued conservation fundraising moose licence was issued.
10.4(13)Subsections (1) and (6) do not apply to the holder of a conservation fundraising moose licence issued under subsection (11).
10.4(14)A holder of a conservation fundraising moose licence shall not in any year be designated under subsection (1) or (6) in that year.
10.4(15)No person who was successful in the random computer draw held under subsection 9(2) in any year shall be designated under subsection (1) or (6) in that year.
10.4(16)No person who was designated under subsection 10.1(1) or (3) in any year shall be designated under subsection (1) or (6) in that year.
2022-20
11(1)The fee to obtain a resident moose licence or a designated resident moose licence is
(a) for persons who at the time of obtaining the licence are under 65 years of age, $72, and
(b) for persons who at the time of obtaining the licence are 65 years of age or over, $37.
11(2)The fee to obtain a non-resident moose licence is $548.
11(3)The fee to obtain a conservation fundraising moose licence or a designated conservation fundraising moose licence is
(a) for persons who at the time of obtaining the licence are under 65 years of age, $72, and
(b) for persons who at the time of obtaining the licence are 65 years of age or over, $37.
96-63; 2004-149; 2009-61; 2016-44; 2022-20
12(1)The Minister shall at the time a resident moose licence, a designated resident moose licence, a non-resident moose licence, a conservation fundraising moose licence or a designated conservation fundraising moose licence is obtained indicate on the face of the licence the wildlife management zone in which the holder of the licence may hunt moose.
12(2)If a person is issued a resident moose licence, a designated resident moose licence, a non-resident moose licence, a conservation fundraising moose licence or a designated conservation fundraising moose licence indicating on its face a wildlife management zone other than the wildlife management zone indicated under section 6, paragraph 10(3)(b) or paragraph 10.3(3)(b), as the case may be, the person may apply to the Minister for a new licence indicating the correct wildlife management zone and the Minister may issue the new licence in exchange for the one issued.
96-63; 2011-34; 2015-6; 2016-44; 2022-20
13(1)Subject to subsections (2), (3), (4), (5) and (6), a resident moose licence, a designated resident moose licence, a non-resident moose licence, a conservation fundraising moose licence or a designated conservation fundraising moose licence authorizes the holder of the licence to hunt moose during the moose season in the year in which the licence was issued in the wildlife management zone indicated by the Minister on the face of the licence.
13(2)If a designated resident moose licence has been issued in respect of a resident moose licence, the holder of the resident moose licence and the holder of the designated resident moose licence together shall not kill more than one moose in the Province in the year in which the licences were issued.
13(3)If a designated resident moose licence has not been issued in respect of a resident moose licence, the holder of the resident moose licence shall not kill more than one moose in the Province in the year in which the licence was issued.
13(4)The holder of a non-resident moose licence shall not kill more than one moose in the Province in the year in which the licence was issued.
13(5)If a designated conservation fundraising moose licence has been issued in respect of a conservation fundraising moose licence, the holder of the conservation fundraising moose licence and the holder of the designated conservation fundraising moose licence together shall not kill more than one moose in the Province in the year in which the licences were issued.
13(6)If a designated conservation fundraising moose licence has not been issued in respect of a conservation fundraising moose licence, the holder of the conservation fundraising moose licence shall not kill more than one moose in the Province in the year in which the licence was issued.
96-63; 2011-34; 2016-44; 2022-20
14Every licence issued under this Regulation shall bear on its face such identification of the person to whom the licence is issued as is required by the Minister.
96-63
15No person shall hunt moose in the Province unless that person
(a) has possession of a valid resident moose licence, a valid designated resident moose licence, a valid non-resident moose licence, a valid conservation fundraising moose licence or a valid designated conservation fundraising moose licence issued to that person, and
(b) is hunting in the wildlife management zone indicated by the Minister on the face of the licence.
96-63; 2011-34; 2022-20
16No holder of a resident moose licence, a designated resident moose licence, a non-resident moose licence, a conservation fundraising moose licence or a designated conservation fundraising moose licence shall have in their possession in a resort of wildlife more than one firearm during moose season.
95-119; 96-63; 2020-56; 2022-20
16.1Repealed: 2011-53
95-119; 96-63; 2011-53
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 they apply 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.
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.
17(1.1)At the same time as a person purchases a non-resident moose licence, they 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.
17(1.4)For the purposes of this Regulation, a tag is associated with a conservation fundraising moose licence if the tag has been activated under subsection (1.6) in respect of that licence.
17(1.5)At the time of obtaining the licence, an applicant for a conservation fundraising moose licence shall apply for the activation of a tag in respect of the licence.
17(1.6)On an application under subsection (1.5), the Minister may activate a tag in respect of a conservation fundraising moose licence using the unique alphanumeric identifier printed on the tag.
17(1.7)A tag associated with a conservation fundraising moose licence is not valid if it does not comply with Schedule A.
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 their licence to the moose in accordance with Schedule B.
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 their licence to the moose in accordance with Schedule B.
17(3.1)If a moose has been killed by the holder of a conservation fundraising moose licence or by the holder of a designated conservation fundraising moose licence issued in respect of the conservation fundraising moose licence, the holder of the conservation fundraising moose licence shall immediately affix the tag associated with their licence to the moose in accordance with Schedule B.
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.
17(5)No person shall affix or allow to be affixed to a moose a tag associated with a non-resident moose licence other than the non-resident moose licence of the person who killed the moose.
17(5.1)No person shall affix or allow to be affixed to a moose a tag associated with a conservation fundraising moose licence other than the conservation fundraising moose licence of
(a) the person who killed the moose, or
(b) if the holder of a designated conservation fundraising moose licence killed the moose, the holder of the conservation fundraising moose licence in respect of which the designated conservation fundraising moose licence was issued.
17(6)No person shall remove a tag affixed to a moose under this section.
17(6.1)No person shall hunt moose under a resident moose licence once the tag associated with that licence has been used.
17(7)No person shall hunt moose under a non-resident moose licence once the tag associated with that licence has been used.
17(7.1)No person shall hunt moose under a conservation fundraising moose licence once the tag associated with that licence has been used.
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.
17(8.1)No person shall hunt moose under a designated conservation fundraising moose licence once the tag associated with the conservation fundraising moose licence in respect of which the designated conservation fundraising moose licence was issued has been used.
96-63; 2016-44; 2018-57; 2020-56; 2021-61; 2022-20
17.01(1)The Minister shall establish moose registration stations and shall designate for each station an agent to be in charge of registering the moose presented to the agent for the purposes of registration in accordance with this Regulation.
17.01(2)The Minister shall supply all materials used in moose registration.
2013-61; 2021-61
17.1(1)Where a designated resident moose licence has been issued in respect of a resident moose licence, the holder of the resident moose licence and the holder of the designated resident moose licence shall at all times while hunting moose remain within visual or auditory contact of each other without the aid of artificial devices except medically prescribed eyeglasses or hearing aids.
17.1(2)Notwithstanding subsection (1), where a designated resident moose licence has been issued in respect of a resident moose licence and the holder of the designated resident moose licence is unable or does not wish to hunt moose, the holder of the resident moose licence may hunt moose alone.
96-63; 2016-44
17.2(1)When a designated conservation fundraising moose licence has been issued in respect of a conservation fundraising moose licence, the holder of the conservation fundraising moose licence and the holder of the designated conservation fundraising moose licence shall at all times while hunting moose remain within visual or auditory contact of each other without the aid of artificial devices except medically prescribed eyeglasses or hearing aids.
17.2(2)Despite subsection (1), when a designated conservation fundraising moose licence has been issued in respect of a conservation fundraising moose licence and the holder of the designated conservation fundraising moose licence is unable or does not wish to hunt moose, the holder of the conservation fundraising moose licence may hunt moose alone.
2022-20
18(1)If a holder of a resident moose licence or a holder of a designated resident moose licence issued in respect of a resident moose licence kills a moose, the holder of the resident moose licence shall
(a) register the moose not later than 12 o’clock noon on the day immediately following the closing of the moose season
(i) through the Department’s website in accordance with section 19.1, or
(ii) at the first open moose registration station on the route taken by the holder of the resident moose licence, and
(b) accompany the carcass of the moose until the moose is registered.
18(2)If a holder of a non-resident moose licence kills a moose, the holder of the non-resident moose licence shall
(a) register the moose not later than 12 o’clock noon on the day immediately following the closing of the moose season or before exporting any parts or portions of the carcass of the moose from the Province, whichever occurs first,
(i) through the Department’s website in accordance with section 19.1, or
(ii) at the first open moose registration station on the route taken by the holder of the non-resident moose licence, and
(b) accompany the carcass of the moose until the moose is registered.
18(2.1)If a holder of a conservation fundraising moose licence or a holder of a designated conservation fundraising moose licence issued in respect of a conservation fundraising moose licence kills a moose, the holder of the conservation fundraising moose licence shall
(a) register the moose not later than 12 o’clock noon on the day immediately following the closing of the moose season
(i) through the Department’s website in accordance with section 19.1, or
(ii) at the first open moose registration station on the route taken by the holder, and
(b) accompany the carcass of the moose until the moose is registered.
18(3)No person shall register a moose, present a moose for registration and examination or allow to be registered in their name a moose that was not killed by that person.
18(4)Despite subsection (3), when a moose has been killed by a holder of a designated resident moose licence, the moose shall be registered or presented for registration and examination by the holder of the resident moose licence in respect of which the designated resident moose licence was issued in accordance with this section and registered in the name of the holder of the resident moose licence.
18(4.1)Despite subsection (3), when a moose has been killed by a holder of a designated conservation fundraising moose licence, the moose shall be registered or presented for registration and examination by the holder of the conservation fundraising moose licence in respect of which the designated conservation fundraising moose licence was issued in accordance with this section and registered in the name of the holder of the conservation fundraising moose licence.
96-63; 2004, c.20, s.28; 2013-61; 2016-44; 2020-56; 2021-61; 2022-20
19For the purposes of registration at a moose registration station,
(a) the holder of a resident moose licence, the holder of a non-resident moose licence or the holder of a conservation fundraising moose licence, as the case may be, shall
(i) present to the moose registration agent
(A) the entire carcass of the moose, including the head, for registration and examination, and
(B) the licence issued to the holder under which the holder killed the moose, and
(ii) surrender to the moose registration agent any parts or portions of the moose required by the moose registration agent, and
(b) a moose registration agent shall
(i) register each moose legally presented for registration and examination,
(ii) ensure that the hunter has affixed the tag associated with their licence in accordance with subsection 17(2) or (3), as the case may be,
(iii) record any information required by the Minister,
(iv) issue a true copy of the registration permit to the person who presents the moose for registration, and
(v) forward a report to the Minister at the intervals and containing the information required by the Minister.
96-63; 2013-61; 2016-44; 2021-61; 2022-20
19.1(1)For the purposes of registering a moose through the Department’s website, a holder of a resident moose licence, a holder of a non-resident moose licence or a holder of a conservation fundraising moose licence, as the case may be, 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 true copy of the registration permit be sent to the holder by mail to the address indicated by the holder.
19.1(2)A person who registers a moose in accordance with subsection (1) shall
(a) not later than 72 hours after registering the moose, 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 moose at its place of storage, and
(b) surrender to the Minister any parts or portions of the moose at the times and places designated by the Minister.
19.1(3)A person who registers a moose in accordance with subsection (1) and who fails to provide the Minister any parts or portions of the moose at the times and places designated by the Minister under paragraph (2)(b) is not entitled to apply for a resident moose licence referred to in subsection 4(1) for the year following registration.
2021-61; 2022-20
20(1)No person shall hunt moose in wildlife management zone 26 or 27.
20(2)No holder of a resident moose licence, a designated resident moose licence, a non-resident moose licence, a conservation fundraising moose licence or a designated conservation fundraising moose licence shall carry or transport a firearm during moose season in a wildlife management zone other than the wildlife management zone indicated by the Minister on the face of the licence unless the firearm
(a) is in a case that is properly fastened,
(b) is completely wrapped in a blanket or canvas that is securely tied around the firearm, or
(c) is in the locked luggage compartment of a vehicle.
20(3)Subsection (2) does not apply in respect of bows or crossbows being carried or transported by a person who has been issued a resident bear licence or a non-resident bear licence under the Hunting Regulation - Fish and Wildlife Act.
95-119; 96-63; 97-97; 2002-11; 2004-80; 2011-34; 2011-53; 2022-20
21No person shall have possession of the carcass or a portion of the carcass of a moose in wildlife management zone 26 or 27 unless it has been registered in accordance with this Regulation.
2021-61
21.1Repealed: 2018-57
2016-44; 2018-57
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.
96-63; 2011-26; 2016-44
23New Brunswick Regulation 81-59 under the Fish and Wildlife Act is repealed.
24Repealed: 2011-34
2011-34
SCHEDULE A
TAG – RESIDENT MOOSE LICENCE, NON-RESIDENT MOOSE LICENCE OR CONSERVATION FUNDRAISING MOOSE LICENCE
1Description
A tag associated with a resident moose licence, non-resident moose licence or conservation fundraising 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
2018-57; 2022-20
SCHEDULE B
For the purposes of this Regulation, a tag associated with a resident moose licence, non-resident moose licence or conservation fundraising 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.
2018-57; 2022-20
N.B. This Regulation is consolidated to June 16, 2023.