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Copyright © 2006: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2005


NEWFOUNDLAND AND LABRADOR REGULATION 39/05

NEWFOUNDLAND AND LABRADOR
REGULATION 39/05

Wild Life Regulations (Amendment)
under the
Wild Life Act
(O.C. 2005-230)

(Filed May 24, 2005)

Under the authority of section 7 of the Wild Life Act, the minister, with the approval of the Lieutenant-Governor in Council, makes the following regulations.

Dated at St. John’s, May 20, 2005.

Tom Osborne
Minister of Environment and Conservation

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.4 Amdt.
Salmon tags

        3.   S.5 R&S
Prohibition re: multiple licence

        4.   S.6 Amdt.
Valid licence required

        5.   S.6.1 Added
Cancellation of licence

        6.   S.9.2 Added
Fish return

        7.   S.101 Amdt.
Alteration or transfer of licence

        8.   S.111.1 Amdt.
Non-resident hunting

        9.   S.112 Rep.
Non-resident hunting

      10.   Sch C Rep.
Licence Fees


CNLR 1156/96
as amended

        1. Paragraph 2(k) of the Wild Life Regulations is amended by deleting the words "Fishery Regulations" and substituting the words and brackets "Newfoundland and Labrador Fishery Regulations (Canada)".

 

        2. Section 4 of the regulations is amended by renumbering it as subsection 4(1) and by adding immediately after that subsection the following:

             (2)  Notwithstanding subsection (1), where additional tags are issued, those tags may bear a number that differs from the number on the licence provided that there is recorded on the licence and elsewhere as the minister considers appropriate, the number found on the additional tags.

        3. Section 5 of the regulations is repealed and the following substituted:

Prohibition re: multiple licence

        5. A person may, for a season, apply for, be issued and hold one inland fishery licence to take salmon or one family inland fishery licence to take salmon but shall not apply for, be issued or hold both of these for the same season.

        4. (1) Paragraph 6(1)(b) of the regulations is amended by deleting the words "Fishery Regulations" and substituting the words and brackets "Newfoundland and Labrador Fishery Regulations (Canada)".

             (2)  Subsection 6(2) of the regulations is repealed.

 

        5. The regulations are amended by adding immediately after section 6 the following:

Cancellation of licence

      6.1 Where a person has been convicted of an offence with respect to the illegal possession, sale or trafficking of fish under the Fishery (General) Regulations (Canada) or the Newfoundland and Labrador Fishery Regulations (Canada), his or her inland fishery licence shall be cancelled immediately and he or she shall not be entitled to obtain an inland fishery licence for a period not exceeding 5 years from the date of that conviction as the minister may determine.

        6. The regulations are amended by adding immediately after section 9.1 the following:

Fish return

      9.2 A holder of

             (a)  an inland fishery licence to take salmon; and

             (b)  a family inland fishery licence to take salmon,

shall, not later than 7 days after the close of the inland fishery season for salmon for which the licence is issued,

             (c)  complete the return form attached to his or her licence; and

             (d)  surrender his or her licence together with the return to the Inland Fish and Wild Life Division of the Department of Environment and Conservation.

 

        7. Subsection 101(1) of the regulations is amended by deleting the word "fishing" and substituting the words "inland fishery".

             (2)  Subsection 101(2) of the regulations is repealed and the following substituted:

             (2)  A person shall not angle for or hunt, take or kill wild life while in possession of or acting upon an inland fishery licence or a hunting or trapping licence or written permission that has been altered, changed, defaced, loaned or transferred.

        8. (1) Subsection 111.1(3) of the regulations is repealed and the following substituted:

             (3)  A non-resident shall not angle in non-scheduled inland waters of the province without possessing a valid non-resident

             (a)  inland fishery licence to take trout; or

             (b)  family inland fishery licence to take trout.

          (3.1)  A non-resident shall not angle in scheduled inland waters of the province without possessing a valid non-resident

             (a)  inland fishery licence to take salmon; or

             (b)  family inland fishery licence to take salmon.

          (3.2)  A non-resident, while angling in scheduled inland waters of the province, shall not retain trout without possessing a valid non-resident

             (a)  inland fishery licence to take trout; or

             (b)  family inland fishery licence to take trout.

             (2)  Section 111.1 of the regulations is amended by deleting the words "Fishery Regulations" wherever they occur and substituting the words and brackets "Newfoundland and Labrador Fishery Regulations (Canada)".

 

        9. Section 112 of the regulations is repealed.

 

      10. Schedule C of the regulations is repealed.