Acts and Regulations

2010-12 - Fish and Wildlife Act

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NEW BRUNSWICK
REGULATION 2010-12
under the
Fish and Wildlife Act
(O.C. 2010-50)
Filed February 1, 2010
1Subsection 3(2) of New Brunswick Regulation 82-103 under the Fish and Wildlife Act is repealed and the following is substituted:
3(2)Classes of non-resident angling licences are as follows:
(a) Class 1 licence which authorizes the holder to angle for Atlantic salmon, trout, pickerel, bass and any other fish for the entire open season prescribed by law for angling for such species of fish;
(b) Class 2 licence which authorizes the holder to angle for Atlantic salmon, trout, pickerel, bass and any other fish for 7 consecutive days within the open season prescribed by law for angling for such species of fish;
(c) Class 3 licence which authorizes the holder to angle for Atlantic salmon, trout, pickerel, bass and any other fish for 3 consecutive days within the open season prescribed by law for angling for such species of fish;
(d) Class 4 licence which authorizes the holder to angle for trout, pickerel, bass and any other fish except Atlantic salmon for the entire open season prescribed by law for angling for such species of fish;
(e) Class 5 licence which authorizes the holder to angle for trout, pickerel, bass and any other fish except Atlantic salmon for 7 consecutive days within the open season prescribed by law for angling for such species of fish;
(f) Class 6 licence which authorizes the holder to angle for all species of fish except Atlantic salmon for 3 consecutive days within the open season prescribed by law for angling for such species;
(g) Class 11 licence which authorizes the holder to winter ice fish for all species of fish except Atlantic salmon and striped bass for the entire open season, on the days, in the waters and otherwise as prescribed by law for winter ice fishing such species of fish;
(h) non-resident day adventure licence which
(i) subject to subsections (2.2) and (2.3), authorizes the holder to angle, while participating in a day adventure package purchased from a day adventure operator or outfitter approved by the Minister, for Atlantic salmon, trout, pickerel, bass and any other fish for one day within the open season prescribed by law for angling for such species of fish, or
(ii) authorizes the holder to winter ice fish, while participating in a day adventure package purchased from a day adventure operator or outfitter approved by the Minister, for all species of fish except Atlantic salmon and striped bass for one day within the open season, in the waters and otherwise as prescribed by law for winter ice fishing such species of fish;
(i) Class 13 licence, being a live release Atlantic salmon licence which, subject to subsections (2.2) and (2.3), authorizes the holder to angle for Atlantic salmon, trout, pickerel, bass and any other fish during the entire open season prescribed by law for angling for such species of fish;
(j) Class 14 licence, being a live release Atlantic salmon licence which, subject to subsections (2.2) and (2.3), authorizes the holder to angle for Atlantic salmon, trout, pickerel, bass and any other fish for 7 consecutive days within the open season prescribed by law for angling for such species of fish; and
(k) Class 15 licence, being a live release Atlantic salmon licence which, subject to subsections (2.2) and (2.3), authorizes the holder to angle for Atlantic salmon, trout, pickerel, bass and any other fish for 3 consecutive days within the open season prescribed by law for angling for such species of fish.
2Subsection 4(2) of the Regulation is repealed and the following is substituted:
4(2)Classes of resident angling licences are as follows:
(a) Class 7 licence which authorizes the holder who is 16 years of age or older but younger than 65 years of age on the day the licence is issued to angle for Atlantic salmon, trout, pickerel, bass and any other fish during the entire open season prescribed by law for angling for such species of fish;
(b) Class 8 licence which authorizes the following holders to angle for Atlantic salmon, trout, pickerel, bass and any other fish during the entire open season prescribed by law for angling for such species of fish:
(i) a holder who is 10 years of age or older but younger than 16 years of age on the day the licence is issued; or
(ii) a holder who is 65 years of age or older on the day the licence is issued;
(c) Class 9 licence which authorizes the holder who is younger than 65 years of age on the day the licence is issued to angle for any fish except Atlantic salmon during the entire open season prescribed by law for angling the species of fish;
(d) Class 10 licence which authorizes the holder who is 65 years of age or older on the day the licence is issued to angle for any fish except Atlantic salmon during the entire open season prescribed by law for angling the species of fish;
(e) Class 12 licence which authorizes the holder to winter ice fish for all species of fish except Atlantic salmon and striped bass for the entire open season, on the days, in the waters and otherwise as prescribed by law for winter ice fishing such species of fish;
(f) resident day adventure licence which
(i) subject to subsections (2.2) and (2.3), authorizes the holder to angle, while participating in a day adventure package purchased from a day adventure operator or outfitter approved by the Minister, for Atlantic salmon, trout, pickerel, bass and any other fish for one day within the open season prescribed by law for angling for such species of fish, or
(ii) authorizes the holder to winter ice fish, while participating in a day adventure package purchased from a day adventure operator or outfitter approved by the Minister, for all species of fish except Atlantic salmon and striped bass for one day within the open season, in the waters and otherwise as prescribed by law for winter ice fishing such species of fish;
(g) Class 16 licence, being a live release Atlantic salmon licence which, subject to subsections (2.2) and (2.3), authorizes the holder, who is 16 years of age or older but younger than 65 years of age on the day the licence is issued, to angle for Atlantic salmon, trout, pickerel, bass and any other fish during the entire open season prescribed by law for angling for such species of fish; and
(h) Class 17 licence, being a live release Atlantic salmon licence which, subject to subsections (2.2) and (2.3), authorizes the following holders to angle for Atlantic salmon, trout, pickerel, bass and any other fish during the entire open season prescribed by law for angling for such species of fish:
(i) a holder who is 10 years of age or older but younger than 16 years of age on the day the licence is issued; or
(ii) a holder who is 65 years of age or older on the day the licence is issued.
3Subsection 6(3) of the Regulation is amended by striking out “issued under” and substituting “referred to in section 3 or 4 of”.
4Section 8 of the Regulation is amended
(a) by repealing subsection (2) and substituting the following:
8(2)A person who is the holder of a valid class 1, 2, 3, 7, 8, 13, 14, 15, 16 or 17 licence may apply for a special Crown reserve licence.
(b) by adding after subsection (2) the following:
8(2.1)On special Crown reserve waters, any person under the age of 16 years who is authorized to angle under a class 1, 2, 3, 7, 8, 13, 14, 15, 16 or 17 licence held by another person shall not angle simultaneously with the holder of the special Crown reserve licence or with any other person under the age of 16 years who is authorized to angle under that same licence.
5The Regulation is amended by adding after section 9 the following:
9.1On regular Crown reserve waters, any person under the age of 16 years who is authorized to angle under a class 7, 8, 16 or 17 licence held by another person shall not angle simultaneously with the holder of the regular Crown reserve licence or with any other person under the age of 16 years who is authorized to angle under that same licence.
6Subsection 10(1) of the Regulation is amended by repealing the definition “party” and substituting the following:
“party” means a group comprised of persons who are authorized to angle under a class 7, 8, 16, or 17 licence, and who jointly apply for regular Crown reserve licences;
7Section 16 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
16(1)Subject to subsection (2), a person who is the holder of a valid class 7, 8, 16 or 17 licence may apply for a daily Crown reserve licence.
(b) by adding after subsection (1) the following:
16(1.01)On daily Crown reserve waters, any person under the age of 16 years who is authorized to angle under a class 7, 8, 16 or 17 licence held by another person shall not angle simultaneously with the holder of the daily Crown reserve licence or with any other person under the age of 16 years who is authorized to angle under that same licence.
8Section 18 of the Regulation is repealed and the following is substituted:
18No holder of a daily Crown reserve licence shall angle on any daily Crown reserve waters for more than 2 days in any one month, and such periods shall not be consecutive over month ends.
9Section 20 of the Regulation is amended
(a) in subsection (5) by striking out “or to the purchaser’s child”;
(b) by repealing subsection (10) and substituting the following:
20(10)Subject to subsection 22(4), every person authorized under a regular Crown reserve licence or a daily Crown reserve licence who is not the holder of a class 7 or 8 licence but who is a person entitled under this Regulation to angle for Atlantic salmon under a licence issued to another person shall immediately upon killing a grilse while angling on regular Crown reserve waters or daily Crown reserve waters affix to that grilse in the fashion set out in subsection (8) a previously unused lock seal tag issued with a class 7 or 8 licence under which he or she is authorized to angle.
(c) by repealing subsection (12) and substituting the following:
20(12)Subject to subsection 22(4), every person authorized under a special Crown reserve licence who is not the holder of a class 1, 2, 3, 7, or 8 licence but who is entitled under this Regulation to angle for Atlantic salmon under a licence issued to another person shall immediately upon killing a grilse while angling upon special Crown reserve waters affix to that grilse in the fashion set out in subsection (8) a previously unused lock seal tag issued with a class 1, 2, 3, 7 or 8 licence under which he or she is entitled to angle.
10Subsection 24(3) of the Regulation is amended by striking out “Subject to subsection (3.1), no person” and substituting “No person”.
11Section 25 of the Regulation is repealed and the following is substituted:
25(1)All Atlantic salmon caught by a person under the age of 16 years accompanying the holder of a class 1, 2, 3, 7 or 8 licence shall be included in the bag limit of the holder of the class 1, 2, 3, 7 or 8 licence.
25(2)All Atlantic salmon angled by a person under the age of 16 years accompanying the holder of a class 13, 14, 15, 16 or 17 licence shall be included in the catch and release limit of the holder of the class 13, 14, 15, 16 or 17 licence.
25(3)All fish caught by a person under the age of 16 years accompanying the holder of a special, regular or daily Crown reserve licence shall be included in the bag limit of the holder of the special, regular or daily Crown reserve licence.
25(4)All Atlantic salmon angled by a person under the age of 16 years accompanying the holder of a live release licence for waters listed in Schedule D shall be included in the catch and release limit of the holder of the live release licence.
12Section 30 of the Regulation is amended
(a) in paragraph (a) by striking out “7 or class 8” and substituting “7, 8, 16 or 17”;
(b) by adding after section 30 the following:
30.1On waters listed in Schedule D, any person under the age of 16 years who is authorized to angle under a class 7, 8, 16 or 17 licence held by another person shall not angle simultaneously with the holder of the live release licence or with any other person under the age of 16 years who is authorized to angle under that same licence.
13Section 33 of the Regulation is repealed and the following is substituted:
33Every person authorized under a live release licence for waters listed in Schedule D shall immediately unhook and return each fish angled, alive into the water from which it was taken.
14Section 34 of the Regulation is repealed.