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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2010


NEWFOUNDLAND AND LABRADOR REGULATION 17/10

NEWFOUNDLAND AND LABRADOR
REGULATION 17/10

Wild Life Regulations (Amendment)
under the
Wild Life Act
(O.C. 2010-079)

(Filed March 24, 2010)

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, March 23, 2010.

Charlene Johnson
Minister of Environment and Conservation

Gary Norris
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.3 Amdt.
Inland fishery licence

        3.   S.4.1 R&S
River specific inland fishery licence

        4.   S.6 Amdt.
Valid licence required

        5.   S.7 Amdt.
Operation of family licence

        6.   S.8 Amdt.
Production of licence

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

        8.   S.111.1 Amdt.
Non-resident hunting


CNLR 1156/96
as amended

        1. (1) Section 2 of the Wild Life Regulations is amended by adding immediately after paragraph (a) the following:

          (a.1)  "artificial fly" means an artificial fly as defined in the Newfoundland and Labrador Fishery Regulations (Canada);

             (2)  Section 2 of the regulations is amended by adding immediately after paragraph (d) the following:

        (d.01)  "cohabiting partner" means either of 2 persons who have cohabited in a conjugal relationship outside of marriage for at least one year;

             (3)  Section 2 of the regulations is amended by adding immediately after paragraph (i) the following:

           (i.1)  "hooks" and "hooked" means to be in possession of a hook and line with the line held in the hand, or a hook, line and rod with the rod held in the hand, when a fish takes the attached bait, lure or artificial fly as prescribed by the Newfoundland and Labrador Fishery Regulations (Canada);

             (4)  Section 2 of the regulations is amended by adding immediately after paragraph (r) the following:

           (r.1)  "spouse" means either of 2 persons who are married to each other;

 

        2. Subsections 3(2) and (3) of the regulations are repealed and the following substituted:

             (2)  For the purpose of this section, "family" means a parent or parents and their children including adopted and foster children and children of whom the parents are guardian, a grandparent or grandparents and their grandchildren, and a person and his or her spouse or cohabiting partner, but does not include an individual person.

             (3)  Only children and grandchildren under the age of 18 years may participate in a family inland fishery licence.

 

        3. Section 4.1 of the regulations is repealed and the following substituted:

River specific inland fishery licence

      4.1 The minister may, by order, designate an area or areas of the province for which river specific inland fishery licences and tags may be issued, subject to the terms and conditions that the minister may prescribe.

 

        4. Subsection 6(3) of the regulations is repealed and the following substituted:

             (3)  When a holder of an inland fishery licence or a family inland fishery licence, or a person angling under the authority of a family inland fishery license, to take salmon, hooks a salmon by angling, unless the salmon is released back into the water, that person shall immediately affix and lock or seal his or her tag through the gills and mouth of the salmon so that it cannot be removed without breaking the lock, or cutting, breaking or tearing the tag, mouth or gills.

 

        5. (1) Subsection 7(1) of the regulations is repealed and the following substituted:

Operation of family licence

        7. (1) A parent or guardian or grandparent who is the holder of a valid family inland fishery licence shall accompany and supervise children and grandchildren under the age of 18 years while they are angling under authority of that licence.

             (2)  Subsection 7 of the regulations is amended by adding immediately after subsection (1) the following:

          (1.1)  A spouse or cohabiting partner angling under the authority of a valid family inland fishery licence shall angle in the immediate area of and within sight of the holder of the family inland fishery licence.

 

        6. Subsection 8(2) of the regulations is repealed and the following substituted:

             (2)  Where children under the age of 18 years are angling under the authority of a family inland fishery licence, the parent or guardian or grandparent accompanying and supervising those children and grandchildren shall carry the licence and produce it on demand of a wild life officer, fishery officer or fishery guardian.

 

        7. Subsections 101(1) and (2) of the regulations is repealed and the following substituted:

Alteration or transfer of licence

   101. (1) A person shall not alter, change or deface in a material manner or loan or transfer to another person a hunting, trapping or inland fishery licence or written permission or badge or tag issued under the Act or these regulations.

             (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 or tag that has been altered, changed, defaced, loaned or transferred.

 

        8. Paragraph 111.1(1)(c) of the regulations is repealed and the following substituted:

             (c)  "direct relative" means a father, mother, grandparent, sister, brother, son, daughter, grandchild or in-law who is a resident of the province;