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2023-50
- Fish and Wildlife Act
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Enabling Act
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NEW BRUNSWICK
REGULATION 2023-50
under the
Fish and Wildlife Act
(O.C. 2023-181)
Filed September 7, 2023
1
Section 2 of New Brunswick Regulation 84-133 under the Fish and Wildlife Act is amended
(
a
)
in the English version in the definition “antlerless deer authorization” by striking out the period at the end of the definition and substituting a semi-colon;
(
b
)
by adding the following definitions in alphabetical order:
“muzzle-loading firearm”
means a firearm in which the powder and projectile may be loaded only from the muzzle of the barrel;
(arme à feu se chargeant par la bouche)
“muzzle-loading firearm authorization”
means a valid and subsisting muzzle-loading firearm authorization issued under subsection 3.11(6).
(autorisation de chasse à l’arme à feu se chargeant par la bouche)
2
Section 3 of the Regulation is amended
(
a
)
in subsection (1)
(i
)
in paragraph (a) by striking out “sixteen” and substituting
“12”
;
(ii
)
in paragraph (c) in the portion preceding subparagraph (i) by striking out “sixteen” and substituting
“12”
;
(iii
)
in paragraph (h) by striking out “sixteen” and substituting
“12”
;
(iv
)
in paragraph (i) by striking out “sixteen” and substituting
“12”
;
(
b
)
in subsection (1.4) by striking out “A holder of a class II licence who is twelve years of age or over but under sixteen” and substituting
“A holder of a class I, II or III licence who is 12 years of age or over but under 16”
;
(
c
)
in subsection (1.41) by striking out “twelve years of age or over but under sixteen” and substituting
“12 years of age or over but under 16”
;
(
d
)
by adding after subsection (1.41) the following:
3
(1.411)
A holder of a resident bear licence or non-resident bear licence who is 12 years of age or over but under 16 years of age shall be accompanied by an adult at all times while hunting under the licence.
3
The Regulation is amended by adding the following after section 3.1:
3.11
(1)
No person shall hunt antlered deer in the Province during the period of one week beginning the seventh Monday after the first Monday in October unless the person
(
a
)
is hunting with a muzzle-loading firearm,
(
b
)
has possession of one of the following licences issued to that person bearing a muzzle-loading firearm authorization also issued to that person:
(i
)
in the case of a non-resident, a valid class I licence; or
(ii
)
in the case of a resident, a valid class III licence, and
(
c
)
is hunting in a wildlife management zone referred to in subsection 11.1(4).
3.11
(2)
No person shall hunt antlerless deer in the Province during the period set out in subsection (1) unless the person
(
a
)
has possession of a valid class III licence issued to that person bearing the following authorizations also issued to that person:
(i
)
an anterlerless deer authorization; and
(ii
)
a muzzle-loading firearm authorization, and
(
b
)
is hunting in the wildlife management zone indicated on the licence.
3.11
(3)
An applicant for or holder of a class I or III licence may apply to the Minister for a muzzle-loading firearm authorization
(
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.
3.11
(4)
An applicant for a muzzle-loading firearm authorization shall pay a non-refundable application fee of $9 if the applicant is a resident and $46 if the applicant is a non-resident.
3.11
(5)
No person shall make more than one application to the Minister for a muzzle-loading firearm authorization in any year.
3.11
(6)
The Minister shall issue a muzzle-loading firearm authorization to an applicant unless a tag in respect of the applicant’s class I or III licence, as the case may be, has already been used.
3.11
(7)
If the Minister issues a muzzle-loading firearm authorization to an applicant, the Minister shall replace the applicant’s class I or III licence, as the case may be, with one that bears the muzzle-loading firearm authorization.
3.11
(8)
No person shall be issued more than one muzzle-loading firearm authorization in any one year.
4
Section 3.3 of the Regulation is repealed.
5
Section 5 of the Regulation is amended
(
a
)
in subsection (2.2) by striking out “sections 11.1 and 11.2” and substituting
“sections 11.1, 11.2 and 11.3”
;
(
b
)
by adding after subsection (2.2) the following:
5
(2.3)
Subject to sections 11.1, 11.2 and 11.3, a class I or III licence bearing a muzzle-loading firearm authorization authorizes the holder to hunt one antlered deer in any wildlife management zone or one antlerless deer in the wildlife management zone indicated on the licence.
(
c
)
in subsection (3.1) by striking out “licence” and substituting
“licence or authorization”
.
6
Section 6 of the Regulation is amended
(
a
)
by adding before subsection (2.4) the following:
6
(2.31)
The holder of a resident bear licence shall not kill more than two bears in the Province in the year in which the licence was issued.
(
b
)
by repealing subsection (2.4) and substituting the following:
6
(2.4)
The holder of a non-resident bear licence shall not kill more than one bear in the Province in the year in which the licence was issued unless the holder obtains a second non-resident bear licence permitting the holder to kill another bear during the open season prescribed in paragraph 11(1)(a.1) in the year in which the first licence was issued.
7
Paragraph 11(1)(a) of the Regulation is repealed and the following is substituted:
(
a
)
subject to sections 3.1, 3.11, 11.1, 11.2 and 11.3, antlered deer and antlerless deer for a period of eight consecutive weeks beginning on the first Monday in October annually;
8
Section 11.1 of the Regulation is amended by adding after subsection (3) the following:
11.1
(4)
During the period set out in subsection 3.11(1), the wildlife management zones in which a person may hunt deer are the same as those in which antlerless deer may be hunted under this Regulation.
9
The Regulation is amended by adding after section 11.2 the following:
11.3
(1)
No holder of a class I or III licence bearing a muzzle-loading firearm authorization shall hunt except by means of a muzzle-loading firearm any species of wildlife during the period set out in subsection 3.11(1).
11.3
(2)
Subsection (1) does not apply to the holder who has registered a deer in accordance with this Regulation in the year in which the licence was issued.
10
Section 16 of the Regulation is amended by adding after subsection (1) the following:
16
(1.1)
A deer shall be registered no later than 24 hours
(
a
)
in the case of an antlered deer killed in wildlife management zone 1, 2 or 3, after the end of the five-week period prescribed in subsection 11.1(3),
(
b
)
in the case of a deer killed under a muzzle-loading firearm authorization, after the period set out in subsection 3.11(1), and
(
c
)
in the case of any other deer killed during the seven-week period beginning on the first Monday in October, after the end of that period.
11
Section 17 of the Regulation is amended
(
a
)
by repealing paragraph (a) and substituting the following:
(
a
)
a person who kills a deer shall
(i
)
present the deer to the deer registration agent for registration and examination,
(ii
)
present to the deer registration agent
(A
)
in the case of an antlerless deer, the class III licence bearing an antlerless deer authorization under which the person killed the deer, or
(B
)
in the case of an antlered deer, the licence under which the person killed the deer, and
(iii
)
unless the deer registration station is an office of the Department, pay a sum of $4 to the deer registration agent, and
(
b
)
in paragraph (b)
(i
)
in the portion preceding paragraph (i) of the English version by striking out “deer registration station agent” and substituting
“deer registration agent”
;
(ii
)
by repealing subparagraph (vi) and substituting the following:
(vi
)
unless the deer registration station is an office of the Department, collect and retain the sum referred to in subparagraph (a)(iii).
12
Section 21.11 of the Regulation is amended
(
a
)
by repealing subsection (2) and substituting the following:
21.11
(2)
An applicant for a resident bear licence shall, at the same time as the applicant applies for the licence, apply for the activation of up to two tags in respect of the licence.
(
b
)
in subsection (5) by striking out “the tag associated with the licence has been used” and substituting
“the tags associated with the licence have been used”
;
(
c
)
in subsection (6) by striking out “the tag associated with his or her licence” and substituting
“a tag associated with their licence”
.
13
This Regulation comes into force on September 1, 2023.
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