Acts and Regulations

2011-75 - Fish and Wildlife Act

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NEW BRUNSWICK
REGULATION 2011-75
under the
Fish and Wildlife Act
(O.C. 2011-370)
Filed December 20, 2011
1New Brunswick Regulation 82-103 under the Fish and Wildlife Act is amended by adding after section 3 the following:
3.1If, under subsection 20(4) of the Act, the Minister authorizes a non-resident to angle while not accompanied by a guide, the Minister shall issue to that person a guide exemption licence.
2 Section 10 of the Regulation is amended
(a) by repealing subsection (1);
(b) in subsection (2) by striking out “as party chief for regular Crown reserve licences” and substituting “for a regular Crown reserve licence”;
(c) by repealing subsection (4) and substituting the following:
10(4)An application for a regular Crown reserve licence shall be made on behalf of all the persons in a party by a party chief who has attained 16 years of age on or before June 1 in the year of the application.
(d) by repealing subsection (5) and substituting the following:
10(5)An application for a regular Crown reserve licence may be made
(a) at an office of the Department, or
(b) by completing an electronic application available on the Department’s website.
(e) by adding after subsection (5) the following:
10(5.1)An application for a regular Crown reserve licence shall not be made or accepted later than
(a) in the case of an application made at an office of the Department, 5 p.m. of the first Friday of the month of March in the year of the application, and
(b) in the case of an application completed on the Department’s website, 12 midnight of the first Friday of the month of March in the year of the application.
(f) by repealing subsection (7) and substituting the following:
10(7)An application for a regular Crown reserve licence shall list:
(a) up to five combinations of stretches of waters described in subsection 7(3) and dates on which the party wishes to angle, in order of preference;
(b) the number of members in the party, which shall not be less than the number of rods permitted under subsection 28(2) for angling per day on the waters specified in paragraph (a); and
(c) the name, date of birth, principal place of residence, daytime telephone number and mailing address of each member of the party.
(g) by repealing subsection (8) and substituting the following:
10(8)A person’s name shall not appear on more than one application under subsection (7).
(h) by adding after subsection (8) the following:
10(9)The Minister may request that a member of a party provide proof of identity, age and principal place of residence.
3The Regulation is amended by adding after section 10 the following:
10.1(1)The applications that meet the requirements of section 10 shall be submitted to a random computer draw.
10.1(2)For each application, an available combination of stretch of waters and date for angling shall be assigned to the corresponding party according to the order in which the application is chosen in the draw and then according to the order of preference of the party under paragraph 10(7)(a).
10.1(3)A party shall not be assigned more than one combination of stretch of waters and date for angling.
10.1(4)The Minister may remove an application of a party from the draw if
(a) the name of any member of that party appears on more than one application,
(b) any member of that party is not eligible under the Act or this Regulation to obtain a regular Crown Reserve licence, or
(c) the application is in any way incomplete, inaccurate, misleading or illegible.
10.2(1)If, after the draw held under section 10.1, any combination of stretch of waters and date remains available, the Minister may hold a random computer draw for each remaining combination.
10.2(2)Only a party that participated in and was not chosen in the draw held under section 10.1, is eligible to participate in a draw held under subsection (1).
10.2(3)An application for a draw held under subsection (1) shall be made
(a) at a designated office of the Department, or
(b) by telephone.
10.2(4)A party chosen in a draw held under subsection (1) is not eligible to participate in another draw held under that subsection.
10.3The Minister shall issue a regular Crown reserve licence to each member of a party chosen in a draw held under section 10.1 or 10.2.
10.4(1)If, after the draws held under section 10.2, any combination of stretch of waters and date remains available, the Minister may sell any corresponding remaining licences on a first-come first-served basis up to 48 hours before the date for angling.
10.4(2)The licences referred to in subsection (1) shall be issued to each member of a party, and the number of persons to make up the party shall not be less than the number of rods permitted under subsection 28(2) for angling per day on the stretch of waters covered by the licence.
10.4(3)If any of the remaining licences were not sold under subsection (1), the Minister may extend the time for the sale of those licences and subsection (2) does not apply to the sale.
4Section 16 of the Regulation is amended
(a) in subsection (1) by striking out “Subject to subsection (2),” and substituting “Subject to subsections (2) and (2.1)”;
(b) in subsection (1.1) by striking out “Subject to subsection (2)” and substituting “Subject to subsections (2) and (2.1)”;
(c) by adding after subsection (2) the following:
16(2.1)An application for a daily Crown reserve licence shall be made on behalf of all the persons in a party by a party chief who has attained 16 years of age on or before the date of the application.
16(2.2)An application for a daily Crown reserve licence shall not be made more than seven days in advance of the first day on which the party proposes to angle.
16(2.3)An application for a daily Crown reserve licence shall be made
(a) at a designated office of the Department, or
(b) by telephone.
16(2.4)An application for a daily Crown reserve licence shall list:
(a) the stretch of waters described in subsection 7(4) or 16(1.1), as the case may be, on which the party wishes to angle and date on which the party wishes to do so;
(b) the number of members in the party, which shall not be less than the number of rods permitted under subsection 28(3) for angling per day on the waters specified in paragraph (a); and
(c) the name, date of birth, principal place of residence, daytime telephone number and mailing address of each member of the party.
16(2.5)The Minister may request that a member of a party provide proof of identity, age and principal place of residence.
(d) by repealing subsection (3).
5The Regulation is amended by adding after section 16 the following:
16.1(1)The applications that meet the requirements of section 16 shall be classified according to the stretches of waters and dates referred to in paragraph 16(2.4)(a) and submitted to a random computer draw for each date on each stretch.
16.1(2)A person’s name shall not appear on more than one application per draw.
16.1(3)The Minister may remove an application of a party from a draw if
(a) the name of any member of that party appears on more than one application,
(b) any member of that party is not eligible under the Act or this Regulation to obtain a daily Crown reserve licence, or
(c) the application is in any way incomplete, inaccurate, misleading or illegible.
16.2Subject to section 18, the Minister shall issue a daily Crown reserve licence to each member of a party chosen in a draw under section 16.1.
16.3(1)If, after the draws held under section 16.1, any combination of stretch of waters and date remains available, the Minister may sell any corresponding remaining licences on a first-come first-served basis up to 48 hours before the date for angling.
16.3(2)The licences referred to in subsection (1) shall be issued to each member of a party, and the number of persons to make up the party shall not be less than the number of rods permitted under subsection 28(3) for angling per day on the stretch of waters covered by the licence.
16.3(3)If any of the remaining licences were not sold under subsection (1), the Minister may extend the time for the sale of those licences and subsection (2) does not apply to the sale.
6 Section 18 of the Regulation is repealed and the following is substituted:
18(1)No holder of a daily Crown reserve licence shall angle on any daily Crown reserve waters for more than two days in any one month, and those periods shall not be consecutive over month ends.
18(2)Days spent angling under a licence issued under section 16.3 shall not be counted for the purposes of subsection (1).
7Paragraph 27(aa) of the Regulation is repealed and the following is substituted:
(aa)replacement licence
$ 5.25
8The Regulation is amended by adding after section 27 the following:
27.01Fees payable for applications for angling licences are:
(a)application for a regular Crown reserve licence under section 10
$ 7.00 per person in the party
(b)application for a daily Crown reserve licence under section 16
$ 7.00 per person in the party
(c)application for a live release licence under section 30.2
$ 7.00 per person in the party
9The Regulation is amended by adding after section 27.1 the following:
27.2The fee for a guide exemption licence under section 3.1 is $150.
10 The Regulation is amended by adding after section 30.1 the following:
30.2(1)An application for a live release licence shall be made on behalf of all the persons in a party by a party chief who has attained 16 years of age on or before the date of the application.
30.2(2)An application for a live release licence shall not be made more than seven days in advance of the first day on which the party proposes to angle.
30.2(3)An application for a live release licence shall be made
(a) at a designated office of the Department, or
(b) by telephone.
30.2(4)An application for a live release licence shall list:
(a) the waters described in Schedule D on which the party wishes to angle and date on which the party wishes to do so;
(b) the number of members in the party, which shall not be less than the number of rods permitted under section 37 for angling per day on the waters specified in paragraph (a); and
(c) the name, date of birth, place of residence, daytime telephone number and mailing address of each member of the party.
30.2(5)The Minister may request that a member of a party provide proof of identity, age and place of residence.
30.3(1)The applications that meet the requirements of section 30.2 shall be classified according to the stretches of waters and dates referred to in paragraph 30.2(4)(a) and the classified applications shall be submitted to a random draw for each date on each stretch.
30.3(2)A person’s name shall not appear on more than one application per draw.
30.3(3)The Minister may remove an application of a party from a draw if
(a) the name of any member of that party appears on more than one application,
(b) any member of that party is not eligible under the Act or this Regulation to obtain a live release licence, or
(c) the application is in any way incomplete, inaccurate, misleading or illegible.
30.4Subject to section 31, the Minister shall issue a live release licence to each member of a party chosen in a draw under section 30.3.
30.5(1)If, after the draws held under section 30.3, any combination of stretch of waters and date remains available, the Minister may sell any corresponding remaining licences on a first-come first-served basis up to 48 hours before the date for angling.
30.5(2)The licences referred to in subsection (1) shall be issued to each member of a party, and the number of persons to make up the party shall not be less than the number of rods permitted under section 37 for angling per day on the stretch of waters covered by the licence.
30.5(3)If any of the remaining licences were not sold under subsection (1), the Minister may extend the time for the sale of those licences and subsection (2) does not apply to the sale.
11 Section 31 of the Regulation is amended by adding after subsection (2) the following:
31(3)Days spent angling under a live release licence issued under section 30.5 shall not be counted for the purposes of subsection (2).
12 This Regulation comes into force on January 1, 2012.