Acts and Regulations

84-125 - Fish and Wildlife Act

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NEW BRUNSWICK
REGULATION 84-125
under the
Fish and Wildlife Act
(O.C. 84-463)
Filed June 13, 1984
Under section 118 of the Fish and Wildlife Act, the Lieutenant-Governor in Council makes the following Regulation:
2004-86
1This Regulation may be cited as the Pheasant Preserves Regulation - Fish and Wildlife Act.
2004-86
2(1)The Minister may accept applications for the establishment of pheasant preserves and issue licences for the operation of pheasant preserves, provided that they are not located on Crown Lands.
2(2)All applications and licences shall be in a form approved by the Minister.
3(1)All pheasant preserves shall be surveyed and a plan showing the area of the pheasant preserve shall be forwarded to the Minister with the application.
3(2)The costs of the survey and plans shall be borne by the applicant.
4(1)The licence fee for a pheasant preserve comprising an area of not less than forty hectares nor more than two hundred hectares, including water, is twenty-five dollars and such licence shall be marked as Class 1 Pheasant Preserve Licence.
4(2)The licence fee for a pheasant preserve comprising an area of not less than two hundred hectares nor more than four hundred hectares, including water, is one hundred dollars and such licence shall be marked as Class 2 Pheasant Preserve Licence.
5Licences issued for the operation of pheasant preserves expire on the thirty-first day of March next following the date of issue and may be renewed at the discretion of the Minister.
6(1)Repealed: 89-56
6(2)The exterior boundaries of each pheasant preserve shall be clearly defined and signs at least twenty-five centimetres by thirty-five centimetres in size shall be posted by the holder of a pheasant preserve licence around the boundaries at intervals of forty-five metres or less, bearing the words “Pheasant Preserve, No Trespassing: Under Authority Of Licence No.”.
6(3)The holder of a pheasant preserve licence shall within two months after the termination or expiry of the licence remove all signs referred to in subsection (2).
89-56; 93-86
7(1)The holder of a pheasant preserve licence shall:
(a) maintain a daily register showing names, addresses and hunting licence numbers of all persons hunting on the pheasant preserve and the number of pheasants removed from the pheasant preserve by each person; and
(b) retain the daily register for a period of two years following the expiry date of the pheasant preserve licence.
7(2)The holder of a pheasant preserve licence shall make all records pertaining to the operation of the pheasant preserve available for inspection at any reasonable time by a conservation officer.
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8(1)Subject to paragraph 33(1)(a) of the Fish and Wildlife Act and to subsection 10(1) of this Regulation, pheasants of either sex may be hunted, killed or destroyed on a pheasant preserve at any time or season.
8(2)Any provisions of the Fish and Wildlife Act or regulations made under it that limit the number of pheasants that may be killed in one day or season or that may be in the possession of any person shall not apply to pheasant preserves.
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9No person shall remove any pheasant from a pheasant preserve unless there is a metal sealed tag bearing the pheasant preserve licence number attached to the leg of the pheasant.
10(1)No person shall hunt or shoot on a pheasant preserve unless he has a pheasant preserve hunting licence issued by the Minister.
10(2)The fee for a licence to hunt, shoot or kill a pheasant on a pheasant preserve is one dollar and such licence expires on the thirty-first day of March next following the date of issue.
10(3)Except as otherwise provided by this Regulation, every holder of a licence to hunt on a pheasant preserve is subject to the provisions of the Fish and Wildlife Act and the regulations made thereunder.
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11Any person may pursue any wounded wildlife or any wounded game bird, other than a pheasant, onto a pheasant preserve after notifying the licensee of his intentions to do so.
12Except as otherwise provided by this Regulation, no person shall carry a firearm or hunt, take, pursue or kill any wildlife, other than pheasants, on a pheasant preserve.
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13A conservation officer or assistant conservation officer may enter a pheasant preserve to enforce the provisions of the Fish and Wildlife Act and any regulations made thereunder, and to inspect all wildlife, game birds, and facilities used in connection with the pheasant preserve.
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14Regulation 70, Statutory Orders and Regulations, 1963, under the Game Act is repealed.
N.B. This Regulation is consolidated to September 1, 2004.