Acts and Regulations

2021-30 - Wild Turkey Hunting

Full text
Current to 25 January 2024
NEW BRUNSWICK
REGULATION 2021-30
under the
Fish and Wildlife Act
(O.C. 2021-86)
Filed March 30, 2021
Under subsection 118(1) of the Fish and Wildlife Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Wild Turkey Hunting RegulationFish and Wildlife Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Fish and Wildlife Act.(Loi)
“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)
“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)
“wild turkey” means a wild turkey with a visible beard on its chest that consists of a tuft of hair-like feathers that grow larger with age.(dindon sauvage)
“wild turkey licence” Repealed: 2024-1
“wild turkey season” , with reference to any year, means a period of two consecutive weeks beginning the second Monday of May.(saison de chasse au dindon sauvage)
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Wildlife management zones
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 RegulationFish and Wildlife Act.
Quotas for wildlife management zones
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.
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Application for resident wild turkey licence
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5(1)Subject to subsection 82.1(1) of the Act, an application for a resident wild turkey licence may be made by a person
(a) who is 12 years of age or older,
(b) whose principal place of residence is within the Province,
(c) who provides proof of successful completion, in the Province or elsewhere,
(i) of a firearm safety and hunter education course recognized by the Minister, or
(ii) if hunting by bow or crossbow, of a bow hunter education course recognized by the Minister, and
(d) who provides proof of successful completion, in the Province, of a wild turkey hunting education course recognized by the Minister.
5(2)Paragraph (1)(c) does not apply if the applicant was born before January 1, 1981, and provides proof that the applicant 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.
5(3)For the purposes of subsection (2), an applicant may provide proof that the applicant previously held a hunting licence by
(a) certifying in the manner required by the Minister that they previously held such a licence, or
(b) producing the licence.
5(4)An applicant may apply to the Minister for a resident wild turkey licence
(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.
5(5)In an application for a resident wild turkey licence, an applicant shall indicate from among the wildlife management zones for which a quota has been established by the Minister under subsection 4(1) the one wildlife management zone in which they wish to hunt wild turkey.
5(6)An application for a resident wild turkey licence shall not be accepted later than the following times: 
(a) in the case of an electronic application accessible through the Department’s website or Service New Brunswick’s website, 12 midnight of the last Friday of the month of February in the year of the application;
(b) in the case of an application made at a Service New Brunswick centre, the end of the business day for that Service New Brunswick centre of the last Friday of the month of February in the year of the application; and
(c) in the case of an application made at the business premises of a vendor appointed under section 84 of the Act, the end of the business day for that business premises or midnight, whichever occurs first, of the last Friday of the month of February in the year of the application.
5(7)Repealed: 2024-1
5(8)An applicant for a resident wild turkey licence shall pay a non-refundable application fee of $6.
5(9)No person shall make more than one application to the Minister for a resident wild turkey licence in any year.
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Resident wild turkey licence draw
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6(1)Subject to subsection (2), an application for a resident wild turkey licence received by the Minister within the time limit established under subsection 5(6) 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.
6(2)The Minister may remove from the draw the application of any applicant
(a) who has submitted more than one application,
(b) whose application is in any way incomplete, inaccurate or misleading, or
(c) who is prohibited from obtaining or applying for a licence.
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Issuance of resident wild turkey licence
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7(1)An applicant who in any year is successful in the draw referred to in subsection 6(1), or any other person on behalf of the applicant, may obtain a resident wild turkey licence for that year
(a) 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.
7(2)Subject to subsection (3), the Minister shall issue to the successful applicant
(a) a resident wild turkey licence that
(i) authorizes the holder to hunt wild turkey during the wild turkey season in the year in which the resident wild turkey licence was issued,
(ii) indicates on its face the unique alphanumeric identifier of the tag associated with the resident wild turkey 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 resident wild turkey licence.
7(3)The Minister shall not issue a resident wild turkey licence to a successful applicant unless the applicant, or the person obtaining the resident wild turkey licence on behalf of the applicant,
(a) provides the unique identification number provided under subsection 82.1(4) of the Act to the applicant at the time of their registration under section 82.1 of the Act, or
(b) satisfies the Minister as to the applicant’s identity by presenting the identification and other documentation requested by the Minister.
7(4)No person shall be issued more than one resident wild turkey licence in any year.
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Resident wild turkey licence fees
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8(1)The fee for a resident wild turkey licence is
(a) $20 for a resident who is 16 years of age or older but younger than 65 years of age, and
(b) $10 for a resident who is 65 years of age or older.
8(2)The fee for a replacement 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.
8(3)A person who obtains a resident wild turkey licence under subsection 7(1) shall pay, at the time they obtain the licence, a conservation fee of $5.00.
8(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.
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Tag associated with resident wild turkey licence
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9(1)For the purposes of this Regulation, a tag is associated with a resident wild turkey licence if the tag has been activated under subsection (3) in respect of that licence.
9(2)At the same time that a person obtains a resident wild turkey licence under subsection 7(1), they shall apply for the activation of a tag in respect of the licence.
9(3)When an application is made under subsection (2), the Minister may activate a tag in respect of a resident wild turkey licence using the unique alphanumeric identifier printed on the tag.
9(4)A tag associated with a resident wild turkey licence is not valid if it does not comply with Schedule A.
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Application for non-resident wild turkey licence
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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.
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Non-resident wild turkey licence draw
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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.
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Issuance of non-resident wild turkey licence
2024-1
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.
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Non-resident wild turkey licence fees
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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.
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Tag associated with non-resident wild turkey licence
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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.
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Hunting wild turkey in the Province
10(1)A resident wild turkey licence or non-resident wild turkey licence authorizes its holder to hunt wild turkey only with
(a) a shotgun of at least 28 gauge but not larger than 10 gauge, and shot of a size 4 to 7, inclusive,
(b) a bow, and
(c) a crossbow.
10(2)No holder of a resident wild turkey licence or non-resident wild turkey licence shall, while hunting wild turkeys,
(a) use bait,
(b) employ the use of a dog or dogs of any breed in any manner,
(c) engage in an organized drive of any manner, or
(d) use a trap or other device intended or designed to capture or ensnare wild turkeys.
10(3)No person shall hunt wild turkey in the Province unless that person
(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
(b) is hunting in the wildlife management zone indicated on the face of the wild turkey licence.
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.
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.
10(6)No person shall buy, sell, offer for sale or barter, or aid someone in buying, selling, offering for sale or bartering a wild turkey killed in accordance with this Regulation.
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Tagging, transportation and reporting
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.
11(2)A wild turkey shall be transported with the beard attached to the bird until at the place where the wild turkey is to be consumed or stored for consumption.
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.
11(4)No person shall
(a) affix or allow to be affixed to a wild turkey a tag associated with any wild turkey licence other than the wild turkey licence of the person who killed the wild turkey,
(b) transport a wild turkey unless the person who killed the wild turkey accompanies the carcass, or
(c) remove from a wild turkey any tag affixed to it by a person authorized to hunt wild turkey except immediately before preparation for storage or consumption at the place where the wild turkey is to be consumed or stored for consumption.
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Commencement
12This Regulation comes into force on April 1, 2021.
SCHEDULE A
TAG – RESIDENT WILD TURKEY LICENCE AND NON-RESIDENT WILD TURKEY LICENCE
1Description
A tag associated with a resident wild turkey licence or a non-resident wild turkey licence shall be a sticker, the front and back of which are illustrated below. The Province of New Brunswick galley logo shall be printed on the sticker in the upper right-hand corner. The tag shall be blue in colour and bear a unique alphanumeric identifier assigned by the Minister. The tag shall bear blank spaces in which the hunter shall record the year and the hunter’s first and last name.
2Illustrations
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SCHEDULE B
1For the purposes of this Regulation, a tag associated with a resident wild turkey licence or a non-resident wild turkey licence shall be affixed to a wild turkey by
(a) peeling back the liner of the sticker; and
(b) placing the leg of the wild turkey on the sticky side of the sticker and folding the sticker onto itself and applying pressure.
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N.B. This Regulation is consolidated to January 25, 2024.