Acts and Regulations

94-47 - Moose Hunting

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NEW BRUNSWICK
REGULATION 94-47
under the
Fish and Wildlife Act
(O.C. 94-235)
Filed April 22, 1994
Under section 118 of the Fish and Wildlife Act, the Lieutenant-Governor in Council makes the following Regulation:
2004-80
1This Regulation may be cited as the Moose Hunting Regulation - Fish and Wildlife Act.
2004-80
2In this Regulation
“Act” means the Fish and Wildlife Act;
“arrow fitted with a broad head” means an arrow, no part of which is coated with a poisonous substance or designed to explode, the point of which is not barbed or equipped with a ripper and the head of which has two, three or four blades but which does not have a blade that is barbed or is less than twenty millimetres at the widest point;
“members of the Royal Canadian Mounted Police force” means members of the Royal Canadian Mounted Police force as defined in the General Regulation - Medical Services Payment Act;
“moose registration agent” means a conservation officer, an assistant conservation officer or any other person designated by the Minister for the purposes of the registration and examination of moose under this Regulation;
“moose season” , with reference to any year, means the Thursday, Friday and Saturday of the last full week of September.
95-119; 2004-80
3For the purposes of this Regulation, the wildlife management zones shall be the same as the wildlife management zones established under section 12 of the Hunting Regulation - Fish and Wildlife Act.
2004-80
4(1)An application for a resident moose licence may be made by a resident
(a) who is eighteen years of age or over,
(b) who has a New Brunswick Medicare number, and
(c) whose principal place of residence is within the Province.
4(2)An application for a resident moose licence may be made
(a) by using a computer assisted application line from a touch tone telephone, or
(b) by completing an application form provided by the Minister at an office of the Department or a Service New Brunswick Centre.
4(3)An applicant for a resident moose licence shall pay a non-refundable application fee of
(a) where the applicant applies for the licence in accordance with paragraph (2)(a), six dollars, and
(b) where the applicant applies for the licence in accordance with paragraph (2)(b), ten dollars.
4(4)An application for a non-resident moose licence may be made by a non-resident who is eighteen years of age or over.
4(5)An application for a non-resident moose licence may be made by using a computer assisted application line from a touch tone telephone.
4(6)An applicant for a non-resident moose licence shall pay a non-refundable application fee of twenty-five dollars.
4(7)No person shall apply for a resident moose licence or a non-resident moose licence more than once in any one year.
96-63; 2004, c.20, s.28
4.1(1)A person who applies for a resident moose licence under subsection 4(2) or 7(1) shall pay, in addition to any other fee payable under this Regulation in respect of the application, a conservation fee of two dollars.
4.1(2)A person who applies for a non-resident moose licence under subsection 4(5) shall pay, in addition to any other fee payable under this Regulation in respect of the application, a conservation fee of ten dollars.
4.1(3)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.
97-118; 2002-11
5Subject to subsection 20(1), the Minister may establish an annual quota of moose that may be hunted by residents in each wildlife management zone, which quota shall consist of a range, and the number of applicants chosen by the random computer draw held under subsection 9(2) to be issued a resident moose licence in relation to each wildlife management zone shall fall within the range established for that wildlife management zone.
96-63
6An applicant for a resident moose licence shall
(a) indicate from among the wildlife management zones for which a quota has been established by the Minister under section 5 the one wildlife management zone in which the applicant wishes to hunt moose,
(b) indicate at which office of the Department or Service New Brunswick Centre the applicant wishes to purchase his or her resident moose licence if chosen in the random computer draw held under subsection 9(2), and
(c) provide his or her Medicare number to be used in the random computer draw held under subsection 9(2).
96-63; 2004, c.20, s.28
7(1)Notwithstanding paragraph 4(1)(b), subsections 4(2) and (3) and paragraph 6(c), members of the Royal Canadian Mounted Police force who are residents and regular members of the Canadian Armed Forces who are residents may apply for a resident moose licence
(a) by completing an application form provided by the Minister at an office of the Department or a Service New Brunswick Centre,
(b) by providing, in addition to the information required under paragraphs 6(a) and (b), a unique identification number satisfactory to the Minister to be used in the random computer draw held under subsection 9(2), and
(c) by paying a non-refundable application fee of six dollars.
7(2)Subsection 9(3) and paragraph 10(2)(a) apply with the necessary modifications to an applicant for a resident moose licence under subsection (1).
96-63; 2004, c.20, s.28
8An applicant who applies for a resident moose licence at an office of the Department or a Service New Brunswick Centre shall satisfy the Minister as to the applicant’s identity, residence and age by presenting any identification and other documentation requested by the Minister.
96-63; 2004, c.20, s.28
9(1)An application for a resident moose licence shall not be made or accepted later than
(a) in the case of an application made using the computer assisted application line, midnight of the second Friday of the month of June in the year of application, and
(b) in the case of an application made at an office of the Department or a Service New Brunswick Centre, five o’clock in the afternoon of the second Friday of the month of June in the year of application.
9(2)Subject to subsection (3), all applications for a resident moose licence received by the Minister on or before the time limits established under subsection (1) shall be classified according to the wildlife management zone in which each applicant wishes to hunt moose and shall be submitted to a random computer draw for each wildlife management zone.
9(3)The Minister may remove from the draw held under subsection (2) the Medicare number of any applicant whose Medicare number appears more than once in any year or whose application is in any way incomplete, inaccurate, misleading, illegible or indiscernible.
9(4)An application for a non-resident moose licence shall not be made or accepted later than midnight of the first Friday of the month of July in the year of application.
9(5)Subject to subsection (6), all applications for a non-resident moose licence received by the Minister on or before the time limit established under subsection (4) shall be submitted to a random computer draw from which a maximum of one hundred successful applicants will be chosen.
9(6)The Minister may remove from the draw held under subsection (5) the number of any applicant who has made more than one application in any year.
95-119; 96-63; 2004, c.20, s.28
10(1)Subject to subsection (2), an applicant who in any year is successful in the random computer draw held under subsection 9(2), or any other person on behalf of the applicant, may purchase the applicant’s resident moose licence for that year at the office of the Department or the Service New Brunswick Centre indicated by the applicant when applying for the licence.
10(2)The Minister shall not issue a resident moose licence for a successful applicant unless the applicant, or the person purchasing the licence on behalf of the applicant,
(a) produces a New Brunswick Medicare card to verify that the applicant’s Medicare number was chosen in the random computer draw held under subsection 9(2),
(b) satisfies the Minister as to the applicant’s identity, residence and age by presenting any identification and other documentation requested by the Minister, and
(c) provides proof that the applicant successfully completed in the Province a firearm safety and hunter education course approved by the Minister.
10(3)Subject to subsection (4), an applicant who in any year is successful in the random computer draw held under subsection 9(5), or any other person on behalf of the applicant,
(a) may purchase the applicant’s non-resident moose licence for that year at any office of the Department or any Service New Brunswick Centre, and
(b) shall, at the time of purchase, indicate from among the wildlife management zones in which moose may be hunted under this Regulation the one wildlife management zone in which the applicant wishes to hunt moose.
10(4)The Minister shall not issue a non-resident moose licence for a successful applicant unless the applicant, or the person purchasing the licence on behalf of the applicant,
(a) satisfies the Minister as to the applicant’s identity, residence and age by presenting any identification and other documentation requested by the Minister, and
(b) provides proof that the applicant successfully completed in the Province a firearm safety and hunter education course approved by the Minister.
10(5)Paragraphs (2)(c) and (4)(b) do not apply where the applicant, or the person purchasing the licence on behalf of the applicant,
(a) provides proof satisfactory to the Minister that the applicant successfully completed in another province or territory of Canada or a state of the United States of America a firearm safety and hunter education course recognized by the Minister, or
(b) provides proof that the applicant was the previous holder of a hunting licence issued under the Act or any regulation under the Act by producing such a licence or by completing a certificate provided by the Minister stating that the applicant previously held such a licence.
95-119; 96-63; 2004, c.20, s.28
10.1(1)Subject to subsections (6) and (7), an applicant who in any year is successful in the random computer draw held under subsection 9(2), or any other person on behalf of the applicant, may, at the time of the purchase of the applicant’s resident moose licence, designate a person for the purposes of subsection (2).
10.1(2)A person designated under subsection (1), or any other person on behalf of that person, may, at the time of the purchase of the successful applicant’s resident moose licence, purchase a designated resident moose licence.
10.1(3)The Minister may, where
(a) the holder of a previously issued designated resident moose licence no longer intends to hunt moose in the year in which the licence was issued,
(b) the holder of the resident moose licence in respect of which the designated resident moose licence was issued, or any other person on his or her behalf, designates another person for the purposes of this subsection, and
(c) the holder of the resident moose licence in respect of which the designated resident moose licence was issued, or any other person on his or her behalf, returns the previously issued resident moose licence and the previously issued designated resident moose licence,
issue a new resident moose licence to the holder of the resident moose licence and, on payment of a fee of fifty-five dollars, a designated resident moose licence to the person designated under paragraph (b).
10.1(4)Subsection 4(1), paragraphs 10(2)(b) and (c) and subsection 10(5) apply with the necessary modifications to a person designated under subsection (1) or paragraph (3)(b).
10.1(5)A designated resident moose licence shall bear the number of the resident moose licence in respect of which the designated resident moose licence is issued.
10.1(6)No holder of a resident moose licence in any year shall be designated under subsection (1) or paragraph (3)(b) in that year.
10.1(7)No person shall hold more than one designated resident moose licence in any year.
96-63; 2004-149
11(1)The fee to purchase a resident moose licence or a designated resident moose licence is
(a) for persons who at the time of purchase are under sixty-five years of age, fifty-five dollars, and
(b) for persons who at the time of purchase are sixty-five years of age or over, twenty-eight dollars.
11(2)The fee to purchase a non-resident moose licence is four hundred and eighteen dollars.
96-63; 2004-149
12(1)The Minister shall at the time of the purchase of a resident moose licence, a designated resident moose licence or a non-resident moose licence issue and affix to the back of the licence a moose validation sticker which shall indicate the wildlife management zone in which the holder of the licence may hunt moose.
12(2)Where a person is issued a moose validation sticker indicating information that does not match the information provided by the person on the person’s application, the person may apply to the Minister for a new moose validation sticker indicating the correct information and the Minister may issue a new moose validation sticker in exchange for the one issued.
96-63
13(1)Subject to subsections (2), (3) and (4), a resident moose licence, a designated resident moose licence or a non-resident moose licence to which is affixed a moose validation sticker authorizes the holder of the licence to hunt moose in the wildlife management zone indicated on the moose validation sticker during moose season in the year in which the licence was issued.
13(2)Where a designated resident moose licence has been issued with a resident moose licence, the holder of the resident moose licence and the holder of the designated resident moose licence together shall not kill more than one moose in the Province in the year in which the licences were issued.
13(3)Where a designated resident moose licence has not been issued with a resident moose licence, the holder of the resident moose licence shall not kill more than one moose in the Province in the year in which the licence was issued.
13(4)The holder of a non-resident moose licence shall not kill more than one moose in the Province in the year in which the licence was issued.
96-63
14Every licence issued under this Regulation shall bear on its face such identification of the person to whom the licence is issued as is required by the Minister.
96-63
15No person shall hunt moose in the Province unless that person
(a) has possession of a valid resident moose licence, a valid designated resident moose licence or a valid non-resident moose licence issued to that person, to which is affixed a moose validation sticker also issued to that person, and
(b) is hunting in the wildlife management zone indicated on the moose validation sticker.
96-63
16No holder of a resident moose licence, a designated resident moose licence or a non-resident moose licence shall have in his or her possession in a resort of wildlife more than one firearm during moose season.
95-119; 96-63
16.1No holder of a resident moose licence, a designated resident moose licence or a non-resident moose licence shall hunt for moose by means of a bow and arrow during moose season except by means of a bow having a draw weight of not less than twenty kilograms at seventy centimetres draw and an arrow fitted with a broad head.
95-119; 96-63
17(1)A detachable tag shall
(a) be issued with every resident moose licence and non-resident moose licence, and
(b) bear the number of the resident moose licence or non-resident moose licence with which it is issued.
17(2)Where a moose has been killed by the holder of a resident moose licence or by the holder of a designated resident moose licence issued with the resident moose licence, the holder of the resident moose licence shall immediately detach the tag from his or her licence and affix the tag to an antler or through an ear of the moose.
17(3)Where a moose has been killed by the holder of a non-resident moose licence, the holder of the non-resident moose licence shall immediately detach the tag from his or her licence and affix the tag to an antler or through an ear of the moose.
17(4)No person shall affix or allow to be affixed to a moose a tag from a resident moose licence other than the resident moose licence of
(a) the person who killed the moose, or
(b) where the holder of a designated resident moose licence killed the moose, the holder of the resident moose licence in respect of which the designated resident moose licence was issued.
17(5)No person shall affix or allow to be affixed to a moose a tag from a non-resident moose licence other than the non-resident moose licence of the person who killed the moose.
17(6)A tag affixed to a moose in accordance with this section shall remain affixed to the moose until the moose has been presented for registration and examination in accordance with this Regulation.
17(7)No person shall hunt moose under a resident moose licence or a non-resident moose licence once the tag has been detached from the licence.
17(8)No person shall hunt moose under a designated resident moose licence once the tag has been detached from the resident moose licence in respect of which the designated resident moose licence was issued.
96-63
17.1(1)Where a designated resident moose licence has been issued with a resident moose licence, the holder of the resident moose licence and the holder of the designated resident moose licence shall at all times while hunting moose remain within visual or auditory contact of each other without the aid of artificial devices except medically prescribed eyeglasses or hearing aids.
17.1(2)Notwithstanding subsection (1), where a designated resident moose licence has been issued with a resident moose licence and the holder of the designated resident moose licence is unable or does not wish to hunt moose, the holder of the resident moose licence may hunt moose alone.
96-63
18(1)Where a moose has been killed by the holder of a resident moose licence or by the holder of a designated resident moose licence issued with the resident moose licence, the holder of the resident moose licence shall
(a) by no later than twelve o’clock noon on the day immediately following the closing of moose season, present the whole carcass of the moose, including the head, for registration and examination by a moose registration agent at the first open office of the Department on the route taken by the person, and
(b) personally accompany the carcass of the moose while it is being transported prior to it being presented for registration and examination by a moose registration agent.
18(2)Where a moose has been killed by the holder of a resident moose licence or by the holder of a designated resident moose licence issued with the resident moose licence, the holder of the resident moose licence shall, when presenting the moose for registration and examination by a moose registration agent, surrender to the moose registration agent such parts or portions of the moose as may be required by the moose registration agent.
18(3)Where a moose has been killed by the holder of a non-resident moose licence, the holder of the non-resident moose licence shall
(a) by no later than twelve o’clock noon on the day immediately following the closing of moose season, present the whole carcass of the moose, including the head, for registration and examination by a moose registration agent at the first open office of the Department on the route taken by the person, and
(b) personally accompany the carcass of the moose while it is being transported prior to it being presented for registration and examination by a moose registration agent.
18(4)Where a moose has been killed by the holder of a non-resident moose licence, the holder of the non-resident moose licence shall, when presenting the moose for registration and examination by a moose registration agent, surrender to the moose registration agent such parts or portions of the moose as may be required by the moose registration agent.
18(5)No person shall present a moose for registration and examination or allow to be registered in his or her name a moose that was not killed by that person.
18(6)Notwithstanding subsection (5), where a moose has been killed by the holder of a designated resident moose licence, the moose shall in accordance with this section be presented for registration and examination by and registered in the name of the holder of the resident moose licence in respect of which the designated resident moose licence was issued.
96-63; 2004, c.20, s.28
19(1)Every moose registration agent shall
(a) register each moose legally presented for registration,
(b) record such information as may be required by the Minister,
(c) remove the tag affixed to the moose in accordance with section 17 and affix a lock seal hide tag to the right foreleg of the moose, and
(d) issue a true copy of the registration permit to the person who presented the moose for registration.
19(2)No person shall remove the lock seal hide tag which has been affixed to a moose by a moose registration agent under paragraph (1)(c).
96-63
20(1)No person shall hunt moose in wildlife management zone 26 or 27.
20(2)No holder of a resident moose licence, a designated resident moose licence or a non-resident moose licence shall carry or transport a firearm during moose season in a wildlife management zone other than the wildlife management zone indicated on the moose validation sticker affixed to the licence unless the firearm
(a) is in a case that is properly fastened,
(b) is completely wrapped in a blanket or canvas that is securely tied around the firearm, or
(c) is in the locked luggage compartment of a vehicle.
20(3)Subsection (2) does not apply in respect of bows and arrows being carried or transported by a person who has been issued a resident bear licence or a non-resident bear licence under the Hunting Regulation - Fish and Wildlife Act.
95-119; 96-63; 97-97; 2002-11; 2004-80
21No person shall have possession of the carcass or a portion of the carcass of a moose in wildlife management zone 26 or 27 unless it has been registered and examined in accordance with this Regulation in one of wildlife management zones 1 to 25.
22(1)The holder of a resident moose licence, a designated resident moose licence or a non-resident moose licence who has lost his or her licence or whose licence has been destroyed may apply to the Minister for a replacement and the Minister, if satisfied that the licence is lost or destroyed, may, on payment of the fee set out in subsection (2), issue a replacement licence to the holder.
22(2)The fee for a replacement licence is five dollars.
96-63
23New Brunswick Regulation 81-59 under the Fish and Wildlife Act is repealed.
24Paragraph 10(2)(c) and subsection 10(3) of this Regulation come into force on January 1, 1995.
N.B. This Regulation is consolidated to January 6, 2005.