Acts and Regulations

2024-1 - Fish and Wildlife Act

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NEW BRUNSWICK
REGULATION 2024-1
under the
Fish and Wildlife Act
(O.C. 2024-11)
Filed January 25, 2024
1Section 2 of New Brunswick Regulation 2021-30 under the Fish and Wildlife Act is amended
(a) by repealing the definition “wild turkey licence”;
(b) by adding the following definitions in alphabetical order:
“resident wild turkey licence” means a valid and subsisting resident wild turkey licence issued under paragraph 7(2)(a).(permis de chasse au dindon sauvage pour résident)
“non-resident wild turkey licence” means a valid and subsisting non-resident wild turkey licence issued under paragraph 9.3(1)(a).(permis de chasse au dindon sauvage pour non-résident)
2Section 4 of the Regulation is repealed and the following is substituted:
4(1)The Minister may establish an annual quota, which quota shall consist of a range, of wild turkey that may be hunted in each wildlife management zone.
4(2)For each wildlife management zone, the total number of applicants chosen in the draws referred to in subsection 6(1) and 9.2(1) to be issued a resident wild turkey licence or a non-resident wild turkey licence, as the case may be, shall fall within the range established for that wildlife management zone.
4(3)Despite subsections (1) and (2), the Minister, if of the opinion that the population of wild turkey does not support sustainable hunting of wild turkey in a wildlife management zone, may establish a quota of zero for that wildlife management zone.
3The heading “Application for wild turkey licence” preceding section 5 of the Regulation is repealed and the following is substituted:
Application for resident wild turkey licence
4 Section 5 of the Regulation is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(ii) in paragraph (a) by striking out “16 years” and substituting “12 years”;
(b) in subsection (4) in the portion preceding paragraph (a) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(c) in subsection (5) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(d) in subsection (6)
(i) in the portion preceding paragraph (a) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(ii) in paragraph (a) by striking out “first Friday of the month of April” and substituting “last Friday of the month of February”;
(iii) in paragraph (b) by striking out “first Friday of the month of April” and substituting “last Friday of the month of February”;
(iv) in paragraph (c) by striking out “first Friday of the month of April” and substituting “last Friday of the month of February”;
(e) by repealing subsection (7);
(f) in subsection (8) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(g) in subsection (9) by striking out “wild turkey licence” and substituting “resident wild turkey licence”.
5The heading “Wild turkey licence draw” preceding section 6 of the Regulation is repealed and the following is substituted:
Resident wild turkey licence draw
6Subsection 6(1) of the Regulation is amended by striking out “an application for a wild turkey licence received by the Minister within the time limit established under subsection 5(6) or 5(7), as the case may be,” and substituting “an application for a resident wild turkey licence received by the Minister within the time limit established under subsection 5(6)”.
7The heading “Issuance of wild turkey licence” preceding section 7 of the Regulation is repealed and the following is substituted:
Issuance of resident wild turkey licence
8Section 7 of the Regulation is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(b) in subsection (2)
(i) in paragraph (a)
(A) in the portion preceding subparagraph (i) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(B) in subparagraph (i) of the English version by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(C) in subparagraph (ii) of the English version by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(ii) in paragraph (b) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(c) in subsection (3) in the portion preceding paragraph (a) by striking out “wild turkey licence” wherever it appears and substituting “resident wild turkey licence”;
(d) in subsection (4) by striking out “wild turkey licence” and substituting “resident wild turkey licence”.
9The heading “Wild turkey licence fees” preceding section 8 of the Regulation is repealed and the following is substituted:
Resident wild turkey licence fees
10Section 8 of the Regulation is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(b) in subsection (2) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(c) in subsection (3) by striking out “wild turkey licence” and substituting “resident wild turkey licence”.
11The heading “Tag associated with wild turkey licence” preceding section 9 of the Regulation is repealed and the following is substituted:
Tag associated with resident wild turkey licence
12Section 9 of the Regulation is amended
(a) in subsection (1) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(b) in subsection (2) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(c) in subsection (3) by striking out “wild turkey licence” and substituting “resident wild turkey licence”;
(d) in subsection (4) by striking out “wild turkey licence” and substituting “resident wild turkey licence”.
13The Regulation is amended by adding after section 9 the following:
Application for non-resident wild turkey licence
9.1(1)An application for a non-resident wild turkey licence may be made by providing the information required by the Minister, in the manner that the Minister requires.
9.1(2)An application for a non-resident wild turkey licence shall not be made or accepted later than 4:30 p.m. of the last Friday of the month of February in the year of application.
9.1(3)An applicant for a non-resident wild turkey licence shall pay a non-refundable application fee of $25.
9.1(4)No person shall make more than one application to the Minister for a non-resident wild turkey licence in any year.
Non-resident wild turkey licence draw
9.2(1)Subject to subsection (2), an application for a non-resident wild turkey licence received by the Minister within the time limit established under subsection 9.1(2) shall be classified according to the wildlife management zone indicated on the application and submitted to a random computer draw for that wildlife management zone.
9.2(2)The Minister may remove an application from the draw if
(a) the application is in any way incomplete, inaccurate or misleading,
(b) the applicant has submitted more than one application, or
(c) the applicant is prohibited from obtaining or applying for a licence.
9.2(3)A person may only participate in the draw if
(a) the person
(i) operates an outfitting business located in New Brunswick that includes an accommodation that has been approved by the Minister, or
(ii) is a holder of a valid guide I licence and operates a guiding business located in New Brunswick that includes an accommodation that has been approved by the Minister,
(b) the person operates a business that is registered in the Province under one of the following Acts:
(i) the Business Corporations Act;
(ii) the Companies Act;
(iii) the Limited Partnership Act; or
(iv) the Partnerships and Business Names Registration Act, and
(c) the person provides proof of liability insurance coverage in an amount of not less than $5,000,000 for the person and their clients with respect to the person’s outfitting business or guiding business, as the case may be.
9.2(4)If a guide or an outfitter referred to in subsection (3) is successful in a draw, the Minister shall
(a) advise the person that a non-resident wild turkey licence has been set aside for their client, the eventual holder of the non-resident wild turkey licence, and
(b) provide the person with a unique identification number associated with the non-resident wild turkey licence that has been set aside for their client.
Issuance of non-resident wild turkey licence
9.3(1)Subject to this section, the Minister shall issue to the successful guide or outfitter or to a client of the guide or outfitter to whom a licence was set aside
(a) a non-resident wild turkey licence that
(i) authorizes the holder to hunt wild turkey during the wild turkey season in the year in which the licence was issued,
(ii) indicates on its face the unique alphanumeric identifier of the tag associated with the licence,
(iii) indicates on its face the wildlife management zone in which the holder is authorized to hunt wild turkey, and
(iv) bears on its face such identification of the holder as is required by the Minister, and
(b) a tag associated with the non-resident wild turkey licence.
9.3(2)Subject to subsections ( 3) and (4), if a guide or outfitter is successful in the random computer draw held under section 9.2,
(a) the guide or outfitter may, if their client is registered under section 82.1 of the Act, purchase the non-resident wild turkey licence for that year that had been set aside for their client, the eventual holder of the non-resident wild turkey licence,
(i) through the Department’s website or Service New Brunswick’s website,
(ii) at a Service New Brunswick centre, or
(iii) at the business premises of a vendor appointed under section 84 of the Act, or
(b) the client may, if the client is registered under section 82.1 of the Act, purchase the non-resident wild turkey licence for that year that had been set aside for the client,
(i) through the Department’s website or Service New Brunswick’s website,
(ii) at a Service New Brunswick centre, or
(iii) at the business premises of a vendor appointed under section 84 of the Act.
9.3(3)The Minister shall not
(a) issue a non-resident wild turkey licence to a guide or outfitter who is successful in the draw referred to in section 9.2 and who obtains the licence on behalf of their client unless the guide or outfitter
(i) provides the unique identification number provided under subsection 82.1(4) of the Act to the client at the time of registration under section 82.1 of the Act or satisfies the Minister as to the client’s identity, residence and age by presenting any identification and other documentation requested by the Minister, and
(ii) provides the unique identification number associated with the non-resident wild turkey licence, or
(b) issue a non-resident wild turkey licence to the client for whom the licence was set aside unless the client
(i) provides the unique identification number provided under subsection 82.1(4) of the Act to the client at the time of registration under section 82.1 of the Act or satisfies the Minister as to the client’s identity, residence and age by presenting any identification and other documentation requested by the Minister, and
(ii) provides the unique identification number associated with the non-resident wild turkey licence.
9.3(4)The Minister shall not
(a) issue a non-resident wild turkey licence to a guide or outfitter who is successful in the draw referred to in section 9.2 and who obtains a non-resident wild turkey licence on behalf of their client unless
(i) the client is 12 years of age or older,
(ii) the guide or outfitter provides proof the client has successfully completed, in the Province or elsewhere,
(A) a firearm safety course and hunter education course recognized by the Minister, or
(B) if hunting by bow or crossbow, a bow hunter education course recognized by the Minister, and
(iii) the guide or outfitter provides proof the client has successfully completed the wild turkey hunting education course offered by the Province, or
(b) issue a non-resident wild turkey licence to the client for whom the licence was set aside unless the client is 12 years of age or older and the client
(i) provides proof the client has successfully completed, in the Province or elsewhere,
(A) a firearm safety course and hunter education course recognized by the Minister, or
(B) if hunting by bow or crossbow, a bow hunter education course recognized by the Minister, and
(ii) provides proof the client has successfully completed the wild turkey hunting education course offered by the Province.
9.3(5)Subparagraphs (4)(a)(ii) and (b)(i) do not apply if the client referred to in those paragraphs was born before January 1, 1981, and the guide or outfitter or the client provides proof that the client previously held a hunting licence issued
(a) under the Act or any regulation under the Act, or
(b) under an act of another jurisdiction that is substantially similar to the Act or under a regulation under such an act.
9.3(6)For the purposes of subsection (5), a guide, outfitter or client may provide proof that the client previously held a hunting licence by
(a) certifying in the manner required by the Minister that the client previously held such a licence, or
(b) producing the licence.
9.3(7)A guide or outfitter may obtain more than one non-resident wild turkey licence on behalf of their clients in any year.
9.3(8)No person shall hold more than one non-resident wild turkey licence in any year.
Non-resident wild turkey licence fees
9.4(1)The fee to obtain a non-resident wild turkey licence is $80.
9.4(2)The fee for a replacement non-resident wild turkey licence obtained by a person at a Service New Brunswick centre or at the premises of a vendor appointed under section 84 of the Act is $5.25.
9.4(3)A person who obtains a non-resident wild turkey licence under paragraph 9.3(2)(a) or (b) shall pay, at the time they obtain the licence, a conservation fee of $10.
9.4(4)Conservation fees paid under this section shall be deposited to the credit of the special purpose account within the Consolidated Fund identified as the Wildlife Trust Fund.
Tag associated with non-resident wild turkey licence
9.5(1)For the purposes of this Regulation, a tag is associated with a non-resident wild turkey licence if the tag has been activated under subsection (3) in respect of that licence.
9.5(2)At the same time that a person obtains a non-resident wild turkey licence under paragraph 9.3(2)(a) or (b), they shall apply for the activation of a tag in respect of the licence.
9.5(3)When an application is made under subsection (2), the Minister may activate a tag in respect of a non-resident wild turkey licence using the unique alphanumeric identifier printed on the tag.
9.5(4)A tag associated with a non-resident wild turkey licence is not valid if it does not comply with Schedule A.
14Section 10 of the Regulation is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out “wild turkey licence” and substituting “resident wild turkey licence or non-resident wild turkey licence”;
(b) in subsection (2) in the portion preceding paragraph (a) by striking out “wild turkey licence” and substituting “resident wild turkey licence or non-resident wild turkey licence”;
(c) in subsection (3) by repealing paragraph (a) and substituting the following:
(a) has in the person’s possession
(i) a resident wild turkey licence or a non-resident wild turkey licence, as the case may be, issued to them, and
(ii) the tag associated with the licence issued to them, and
(d) by repealing subsection (4) and substituting the following:
10(4)No person shall hunt wild turkey under a resident wild turkey licence or non-resident wild turkey licence if the tag associated with the licence has already been used.
(e) by repealing subsection (5) and substituting the following:
10(5)The holder of a resident wild turkey licence or non-resident wild turkey licence shall not kill more than one wild turkey in the Province in the year in which the licence was issued.
15Section 11 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
11(1)The holder of a resident wild turkey licence or non-resident wild turkey licence who kills a wild turkey shall immediately affix the tag associated with their licence to the wild turkey in accordance with Schedule B.
(b) by repealing subsection (3) and substituting the following:
11(3)Every holder of a resident wild turkey licence and every holder of a non-resident wild turkey licence shall forward to the Minister by June 14 of the year in which their licence was issued a report containing any information required by the Minister.
16Schedule A of the Regulation is amended
(a) by striking out “TAG – WILD TURKEY LICENCE” and substituting “TAG – RESIDENT WILD TURKEY LICENCE AND NON-RESIDENT WILD TURKEY LICENCE”;
(b) by striking out “a wild turkey licence” and substituting “a resident wild turkey licence or a non-resident wild turkey licence”.
17Schedule B of the Regulation is amended by striking out “a wild turkey licence” and substituting “a resident wild turkey licence or a non-resident wild turkey licence”.