Acts and Regulations

E-9.101 - Endangered Species Act

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Repealed on 5 June 2013
CHAPTER E-9.101
Endangered Species Act
Assented to March 22, 1996
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: 2012, c.6, s.83
Definitions
1In this Act
“assistant conservation officer” means an assistant conservation officer appointed under the Fish and Wildlife Act;(agent de conservation auxiliaire)
“assistant game warden” Repealed: 2004, c.12, s.48
“conservation officer” means a conservation officer appointed under the Fish and Wildlife Act;(agent de conservation)
“deputy game warden” Repealed: 2004, c.12, s.48
“endangered species” means any indigenous species of fauna or flora threatened with imminent extinction or imminent extirpation throughout all or a significant portion of its range and designated by regulation as endangered;(espèce menacée)
“game warden” Repealed: 2004, c.12, s.48
“Minister” means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“regionally endangered species” means any indigenous species of fauna or flora threatened with imminent extirpation throughout all or a significant portion of its range in the Province and designated by regulation as regionally endangered;(espèce régionale menacée)
“species” means any species, subspecies, race or other taxonomic category below the rank of species. (espèce)
2004, c.20, s.22; 2004, c.12, s.48
Act binds Crown
2This Act binds the Crown in right of the Province.
Prohibitions
3Subject to section 4, no person shall
(a) possess a member or any part of a member of an endangered species or regionally endangered species,
(b) wilfully or knowingly kill, injure, disturb or interfere with a member or any part of a member of an endangered species or regionally endangered species,
(c) wilfully or knowingly attempt to kill, injure, disturb or interfere with a member or any part of a member of an endangered species or regionally endangered species,
(d) wilfully or knowingly destroy, disturb or interfere with the nest, nest shelter or den of a member of an endangered species of fauna or regionally endangered species of fauna,
(e) wilfully or knowingly attempt to destroy, disturb or interfere with the nest, nest shelter or den of a member of an endangered species of fauna or regionally endangered species of fauna,
(f) wilfully or knowingly destroy, disturb or interfere with the critical habitat of a member of an endangered species or regionally endangered species, or
(g) wilfully or knowingly attempt to destroy, disturb or interfere with the critical habitat of a member of an endangered species or regionally endangered species.
Exceptions
4(1)The Minister may
(a) authorize a conservation officer or an assistant conservation officer to kill or to remove and relocate a member of an endangered species or regionally endangered species, and
(b) subject to such terms and conditions as the Minister considers appropriate, issue a permit
(i) for the collection or possession, or both, of a member or any part of a member of an endangered species or regionally endangered species
(A) for scientific purposes relating to the recovery of the endangered species or regionally endangered species,
(B) for bona fide educational purposes, or
(C) in the case of bald eagle feathers, for bona fide religious or ceremonial purposes, or
(ii) for the possession of a member or any part of a member of an endangered species or regionally endangered species that was legally obtained for any bona fide purpose by the applicant for the permit before its designation by regulation as endangered or regionally endangered.
4(1.1)Subparagraph (1)(b)(ii) applies regardless of whether a designation referred to in that subparagraph was made before or is made after the commencement of that subparagraph.
4(2)Section 3 does not apply to
(a) a conservation officer or an assistant conservation officer who is authorized to act under paragraph (1)(a), and
(b) a person who acts under the authority of a permit issued under paragraph (1)(b).
2001, c.8, s.1; 2004, c.12, s.48
Application of certain provisions of Fish and Wildlife Act
2004, c.12, s.48
5The provisions of the Fish and Wildlife Act relating to the powers of a conservation officer or assistant conservation officer apply with the necessary modifications to this Act.
2004, c.12, s.48
Offence and penalty
6A person who violates or fails to comply with section 3 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category J offence.
Administration of Act
7The Minister shall administer this Act and may designate persons to act on the Minister’s behalf.
Regulations
8(1)The Lieutenant-Governor in Council may make regulations
(a) designating any indigenous species of fauna or flora as endangered;
(b) designating any indigenous species of fauna or flora as regionally endangered.
8(2)A regulation made under subsection (1) may cover specific periods of time and areas of the Province or may be of a general nature.
Amendment to Fish and Wildlife Act
9Paragraph 95(a) of the Fish and Wildlife Act, chapter F-14.1 of the Acts of New Brunswick, 1980, is amended
(a) in subparagraph (i) by striking out “or” at the end of the subparagraph;
(b) in subparagraph (ii) by striking out “and” at the end of the subparagraph and substituting “or”;
(c) by adding after subparagraph (ii) the following:
(iii) under section 3 of the Endangered Species Act; and
Repeal
10The Endangered Species Act, chapter E-9.1 of the Revised Statutes, 1973, is repealed.
Commencement
11This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. This Act was proclaimed and came into force April 30, 1996.
N.B. This Act is consolidated to June 3, 2013.