Acts and Regulations

2021-36 - Fish and Wildlife Act

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NEW BRUNSWICK
REGULATION 2021-36
under the
Fish and Wildlife Act
(O.C. 2021-97)
Filed April 12, 2021
1Subsection 2(3) of New Brunswick Regulation 82-103 under the Fish and Wildlife Act is amended in the portion preceding paragraph (a) by striking out “No licence” and substituting “Except in the case of a live release licence referred to in section 28.1, no licence”.
2Subsection 8(1) of the English version of the Regulation is amended by striking out “unless he is” and substituting “unless they are”.
3Section 19 of the English version of the Regulation is amended by striking out “his or her licence” wherever it appears and substituting “the licence”.
4Section 20 of the English version of the Regulation is amended
(a) in subsection (11) by striking out “his or her” and substituting “their”;
(b) in subsection (22) by striking out “unless he is at his residence” and substituting “unless they are at their residence”.
5Section 27 of the Regulation is amended
(a) in paragraph (u) by striking out “between June 1 and August 31” and substituting “during the period beginning on June 1 and ending on August 31”;
(b) in paragraph (u.1) by striking out “between September 1 and September 15” and substituting “during the period beginning on September 1 and ending on September 15”;
(c) in paragraph (v) by striking out “between June 1 and August 31” and substituting “during the period beginning on June 1 and ending on August 31”;
(d) in paragraph (v.1) by striking out “between September 1 and September 15” and substituting “during the period beginning on September 1 and ending on September 15”;
(e) in paragraph (w) by striking out “between June 1 and August 31” and substituting “during the period beginning on June 1 and ending on August 31”;
(f) in paragraph (w.1) by striking out “between September 1 and September 15” and substituting “during the period beginning on September 1 and ending on September 15”;
(g) by adding after paragraph (w.1) the following:
(w.2)subject to paragraphs (w.4) and (w.6), live release licence for angling during the period beginning on June 1 and ending on August 31 (per day)
$33.00
 
(w.3)subject to paragraph (w.5) and (w.7), live release licence for angling during the period beginning on September 1 and ending on September 15 (per day)
$22.00
 
(w.4)live release licence to angle on the Lower Cains River Stretch described in paragraph (d) of Schedule C.1 during the period beginning on June 1 and ending on August 31 (per day)
$20.00
 
(w.5)live release licence to angle on the Lower Cains River Stretch described in paragraph (d) of Schedule C.1 during the period beginning on September 1 and ending on September 15 (per day)
$13.00
 
(w.6)live release licence to angle on the Upper Cains River Stretch described in paragraph (e) of Schedule C.1 during the period beginning on June 1 and ending on August 31 (per day)
$20.00
 
(w.7)live release licence to angle on the Upper Cains River Stretch described in paragraph (e) of Schedule C.1 during the period beginning on September 1 and ending on September 15 (per day)
$13.00
6Subsection 27.01(1) of the Regulation is amended by adding after paragraph (b) the following: 
b.1)application for a live release licence under section 28.21
$ 7.00 per person in the party
7The Regulation is amended by adding after section 28 the following: 
LIVE RELEASE
28.1Classes of licences issued under section 83 of the Act include a live release licence which authorizes the holder to angle
(a) the number of fish belonging to a species referred to in section 28.5,
(b) on the waters described in Schedule C.1, and
(c) during the days specified on the licence in accordance with section 28.41.
28.11No person may apply for a live release licence unless the person
(a) is authorized to angle under a Class 7 or Class 8 licence during the same year, or
(b) is authorized to angle under a Class 9 or Class 10 licence during the same year and is applying to angle on the Lower Cains River Stretch described in paragraph (d) of Schedule C.1 or the Upper Cains River Stretch described in paragraph (e) of Schedule C.1.
28.2On waters listed in Schedule C.1, any person under the age of 16 years who is authorized to angle under a Class 7 or Class 8 licence held by another person shall not angle simultaneously with a 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.
28.21(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.
28.21(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.
28.21(3)An application for a live release licence shall be made
(a) at a designated office of the Department,
(b) by telephone, or
(c) by completing an electronic application available on the Department website.
28.21(4)An application for a live release licence shall list:
(a) the waters described in Schedule C.1 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 fewer than the number of rods permitted under section 28.8 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.
28.21(5)The Minister may request that a member of a party provide proof of identity, age and place of residence.
28.3(1)The applications that meet the requirements of section 28.21 shall be classified according to the stretches of waters and dates referred to in paragraph 28.21(4)(a) and the classified applications shall be submitted to a random draw for each date on each stretch.
28.3(2)A person’s name shall not appear on more than one application per draw.
28.3(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.
28.31Subject to section 28.41, the Minister shall issue a live release licence to each member of a party chosen in a draw under section 28.3.
28.4(1)If, after the draws held under section 28.3, 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.
28.4(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 fewer than the number of rods permitted under section 28.8 for angling per day on the stretch of waters covered by the licence.
28.4(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.
28.41(1)The Minister shall designate the days during which a holder of a live release licence may angle on any specific stretch of the waters described in Schedule C.1 and shall cause the days to be specified on the licence.
28.41(2)Despite subsection (1), a holder a live release licence may angle on any specific stretch of the waters described in Schedule C.1 two days in any one month, which period shall not immediately precede or follow the period of another month.
28.41(3)Days spent angling under a live release licence issued under section 28.4 shall not be counted for the purposes of subsection (2).
28.5A holder of a live release licence shall not
(a) angle for more than four Atlantic salmon per day;
(b) angle for any fish except with an artificial fly dressed on a single or double barbless hook;
(c) kill any fish; or
(d) be in possession of a dead fish while angling upon the waters described in Schedule C.1 or within 400 metres of these waters.
28.51Every person authorized under a live release licence for waters listed in Schedule C.1 shall immediately unhook and return each fish angled, alive into the water from which it was taken.
28.6A holder of a live release licence shall furnish such information with regard to the number of fish angled and released as required by the Minister and in the form provided for this purpose.
28.7Subject to section 28.41, a live release licence is valid during the period of each year from June 1 to September 15 inclusive.
28.8The number of rods permitted for angling per day on the live release waters described in Schedule C.1 is as follows:
(a) Lower North Branch Little Southwest Miramichi River, four rods;
(b) Sinclair Stretch of the North Pole Stream, four rods;
(c) Palisades Stretch of the North Pole Stream, four rods;
(d) the Lower Cains River Stretch, four rods; and
(e) the Upper Cains River Stretch, four rods.
28.9Despite sections 28.1 to 28.8, a licence issued under the Act is valid for the waters described in Schedule C.1 during the period of time of the year in the angling season that is outside all of the periods of time specified in subsection 2(3) and section 28.7 that pertain to those waters or any portion of those waters.
8The Regulation is amended by adding after Schedule C the following: 
SCHEDULE C.1
(a)
(a)
Lower North Branch Little Southwest Miramichi River, from and including Rocky Rapids Pool upstream to its source including all tributaries;
(b) Sinclair Stretch of the North Pole Stream, from the Bailey Bridge upstream to the mouth of Lizard Brook, exclusive of tributaries;
(c) Palisades Stretch of the North Pole Stream, from its confluence with the Little Southwest Miramichi River upstream to the Bailey Bridge, exclusive of tributaries;
(d) the Lower Cains River Stretch, exclusive of tributaries, from the river ford that is approximately three-quarters of a kilometre upstream of Hopewell Lodge upstream to the James O’Donnell Campsite (#415100298) located seven hundred metres upstream of the Acadia Bridge Pool;
(e) the Upper Cains River Stretch, exclusive of tributaries, from the James O’Donnell Campsite (#415100298) located seven hundred metres upstream of the Acadia Bridge Pool upstream up to and including Lower Otter Brook Pool.