This is an official version. Copyright © 2006: Queen's Printer, Important Information
Consolidated Newfoundland Regulation 1996 CONSOLIDATED Wild
Life Regulations Under the authority of section 7 of the Wild Life Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations. REGULATIONS Analysis 1. Short title 2. Definitions PART
I 3. Inland fishery licence 4. Salmon tags 5. Prohibition re multiple licences 6. Valid licence required 7. Operation of family licence 8. Production of licence 9. PART
II 10. Licences and badges 11. Fur dealer's store licence 12. Travelling fur dealer's licence 13. Issue of licences 14. Hunting and trapping 15. Wolf licence 16. Open season by order 17. Prohibited activities 18. Licences and badges to be carried on person 19. Poison 20. Fur farms 21. Export of animals 22. Export of pelts 23. Aiding and abetting export 24. Trapper's and fur exporter's licence return PART
25. Beaver licence 26. Licences 27. Beaver Management Area 28. Beaver pelts to be sealed and marked 29. Pelts not taken by licensee 30. Unsealed or unmarked pelts 31. Beaver dam 32. Active beaver habitat 33. Return filed by trapper 34. Return filed by dealer PART
IV 35. Big game 36. Age limit 37. Licences required by hunters 38. Open season by order 39. Prohibition 40. Use of dogs 41. Big game not to be molested while swimming 42. Hunting at night 43. Snares 44. Sunday hunting 45. Traffic in big game 46. Commercial caribou harvesting licence 47. Records required 48. Production of records 49. Tag to be affixed 50. Packaging of meat 51. 52. Wholesale licence 53. Expiration of licence 54. Records to be maintained 55. Production of records 56. 57. Tag to be affixed 58. Retail licence 59. Expiration of licence 60. Tag to be affixed 61. Packaging of meat 62. 63. Proof of purchase 64. 65. Proof of sex 66. Cold storage 67. Surrender of jawbone 68. Skin exporter's dealer's licences 69. Removal of game 70. Surrender of licences PART
V 71. Small game licences and badges 72. Age limit 73. Open season for small game 74. Licences required by hunters 75. Prohibition 76. 77. Traffic in ptarmigan 78. Cold storage, wild birds 79. Snares 80. Bag limits 81. Raptors PART
VI 82. Possession of live wild life 83. Import of wild life 84. Release of wild life 85. Export of wild life 86. Scientific purposes 87. Exception 88. Nuisance wild life 89. Closed season except by order 90. Traffic in wild life PART
91. Complimentary licences 92. Order re fees 93. Loss of licence copy 94. Fees 95. Licence vendors 96. Issue of licence prohibited 97. Production of licences 98. False application 99. Persons under prohibition 100. Residents and non‑residents 101. Alteration or transfer of licence PART
VIII 102. Prohibition 103. Exception 104. Destruction of dogs PART
IX 105. Prohibition on use of aircraft or vehicle 106. Harassment of wild life 107. Firearms, ammunition, permits and licences 108. Hunting bows and arrows PART
X 109. Checkstations 110. Poison 111. Hunting near dwellings, schools, etc. 112. Non‑resident hunting 113. Issue of permits 114. Orders by minister 115. Repeal Schedule A Schedule B Short title 1. These regulations may be cited as the Wild Life Regulations. 17/84 s1 Definitions 2. In these regulations (a) "Act" means the Wild Life Act; (b) "beaver management area" means a part of the province to which the regulations respecting the trapping of beaver under a trapline licence shall apply, those areas being described in the Gazette in the annual order respecting the trapping of beaver; (c) "beaver trapline" means that part of a beaver management area to which a person has been granted exclusive beaver trapping rights under licence; (d) "big game" includes bear, caribou, moose and all members of the deer family; (e) "domestic bird" includes non‑native species kept in captivity but does not include native species kept in captivity or non‑native species present in the wild state; (f) "firearm" means a device by which a missile is discharged by means of an explosive propellant or by compressed air or by a spring and includes sporting guns of all calibres, automatic or autoloading guns, repeating guns, pump guns, set guns, swivel guns, punt guns, rifles, pistols and revolvers of every description, crossbows, longbows and compound bows; (g) "fishery officer and fishery guardian" include persons appointed or designated as such under section 5 of the Fisheries Act; (h) "game" includes big game, small game, furbearing animals and porcupines; (i) "game licence" means a licence to hunt, take or kill any game by shooting or snaring as specified in the licence or in the annual order respecting the hunting of the particular species; (j) "hunt", "take", "kill" or "trap" includes an attempt to hunt, take, kill or trap; (k) "inland waters" means all the inland waters defined as such in the Fishery Regulations; (l) "licensed guide" means the holder of a guide's licence issued to him or her and valid under the Guides Regulations; (m) "management area" means a part of the province to which the regulations respecting the hunting or trapping of wild life shall apply, that area being described in the annual order respecting the hunting or trapping of the species concerned as published in the Gazette; (n) "minister" means the minister appointed under the Executive Council Act to administer the Act; (o) "Northern Peninsula" means the peninsula in the northern part of Newfoundland having as its southern boundary a line drawn from the northern extremity of Deer Arm, Bonne Bay, to White Point, at the entrance of Sop's Arm, White Bay; (p) "ptarmigan" includes rock or barren or willow ptarmigan, commonly called partridge; (q) "shed antlers" means antlers shed naturally by big game animals, moose and caribou, over winter, and are found on the ground, each side being separate and not joined; (r) "small game" includes ptarmigan, ruffed grouse, spruce grouse, wild ducks, wild geese, snipe, rabbits (varying hares) and arctic hares; (s) "taxidermy" means the practice of preserving or mounting wild life or parts of wild life; (t) "vehicle" means a device in, upon or in which a person or property may be transported or drawn over land, water, snow, ice, marsh, swampland and other natural terrain and includes an aircraft or air‑cushioned vehicle; (u) "wild bird" means a bird other than a domestic bird; and (v) "wild life checkstation" means mobile trailer, wild life patrol cabin, other structure or motor vehicle equipped with signs, established by the Wild Life Division in or near a management area for the enforcement of the Act and regulations. 17/84 s2; 229/88 s1; 230/94 s1 PART I Inland fishery licence 3. (1) The minister may, upon application by a person, issue to that person (a) an inland fishery licence to take salmon or trout by angling; or (b) a family inland fishery licence to take salmon or trout by angling, and the minister may, in addition, issue to that person a badge or badges in respect of that licence. (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. (3) Only children 17 years of age and under may participate in a family inland fishery licence. 17/84 s3; 153/94 s1 Salmon tags 4. There shall be issued with every inland fishery licence to take salmon and every family inland fishery licence to take salmon tags and those tags shall bear the same number as the licence. 229/88 s2 Prohibition re multiple licences 5. A person shall not apply for, be issued with or hold more than one inland fishery licence to take salmon or more than one family inland fishery licence to take salmon in any season. 229/88 s2 Valid licence required 6. (1) A person shall not (a) angle for salmon in inland waters; or (b) angle in a river or brook set out in Schedule I of the Fishery Regulations, unless he or she is the holder of a valid inland fishery licence or a valid family inland fishery licence or a river specific inland fishery licence. (2) An inland fishery licence and a family inland fishery licence to take salmon shall not be valid unless the holder has at least one unused tag in his or her possession. (3) When the holder of an inland fishery licence or a family inland fishery licence to take salmon takes possession of a salmon by angling, that person shall immediately affix and lock the 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. (4) A person shall not possess a salmon that is not properly tagged. 183/90 s1 Operation of family licence 7. (1) A parent or guardian who is the holder of a valid family inland fishery licence shall accompany and supervise children under the age of 18 years while fishing under authority of that licence. (2) Where more than one person is angling under the authority of a family inland fishery licence, for the purpose of determining the catch limit, all fish caught by those persons shall be considered to be the catch of the holder of the licence. 229/88 s2 Production of licence 8. (1) Every holder of an inland fishery licence or a family inland fishery licence shall carry the licence while angling and shall produce it on the demand of a wild life officer, fishery officer or fishery guardian. (2) Where children under the age of 18 years are fishing under the authority of a family inland fishery licence, the parent or guardian accompanying and supervising those children shall carry the licence and produce it on the demand of a wild life officer, fishery officer or fishery guardian. 229/88 s2 9. A person shall not buy, sell, offer for sale or use for a commercial purpose fish other than smelt or eels taken in inland waters. 17/84 s3; 229/88 s2; 183/90 s1 PART II Licences and badges 10. (1) The minister may, upon application by any person, issue to that person (a) a trapper's licence to take or kill furbearing animals except beaver; (b) a fur farm licence to operate or conduct an establishment for the keeping or breeding of furbearing animals; (c) a live furbearing animal export licence to export from the province live furbearing animals; (d) a fur exporter's licence to export from the province the skins or pelts of furbearing animals; (e) a fur dealer's store licence to engage in the business of buying the skins or pelts of furbearing animals upon premises specified in that licence; (f) a travelling fur dealer's licence to engage in the business of buying the skins or pelts of furbearing animals at any place other than upon premises in respect of which the minister decides that a fur dealer's store licence is required; (g) a trapper's beaver licence to take or kill beaver; or (h) a beaver trapline licence to take or kill beaver, and the minister may, in addition, issue to that person a badge in respect of any licence. (2) Licences issued under subsection (1) are valid for the following periods only: (a) in relation to a trapper's licence, a trapper's beaver licence and a beaver trapline licence, the period of the open season in respect of which it is issued; (b) in relation to a fur exporter's licence, a fur dealer's store licence and a travelling fur dealer's licence, the period July 1 to June 30 following; (c) in relation to all other licences, during the period from the date of issue until December 31 in the same year. (3) A badge issued under subsection (1) is valid for that period only as the licence in respect of which it was issued is valid. (4) A non‑resident shall not be issued with a trapper's licence, a trapper's beaver licence or a beaver trapline licence. 17/84 s4; 185/84 s1; 229/88 s3 Fur dealer's store licence 11. A fur dealer's store licence authorizes the purchase of the skins or pelts of furbearing animals by any person upon the premises specified in that licence and not elsewhere. 17/84 s5 Travelling fur dealer's licence 12. A travelling fur dealer's licence authorizes the purchase of the skins or pelts of furbearing animals at any place other than upon any premises in respect of which a fur dealer's store licence is required under these regulations. 17/84 s6 Issue of licences 13. The minister may issue, free of charge to a person, a fur exporter's licence for the export of the skin or pelt of any furbearing animal as a specimen, gift or trophy or for scientific or other purposes, not for sale or profit. 17/84 s7 Hunting and trapping 14. (1) A person shall not hunt, trap, take or kill any furbearing animal except during the open season prescribed in these regulations or in any order made under them. (2) A person shall not possess a trap, snare or other device commonly used to take furbearing animals in any area frequented by wild life except during the open seasons prescribed in the Furbearing Animals Trapping Order. (3) A person shall not hunt, take or kill a furbearing animal by means of firearms except that the holder of a trapper's licence who is also the holder of a permit to carry firearms may use that firearm to kill furbearing animals that are alive in traps or snares. (4) Notwithstanding subsection (3), the hunting,
taking and killing of furbearing animals by means of firearms is permitted in
the 17/84 s8 Wolf licence 15. (1) Upon application by a person, the minister may issue to that person a licence to take one wolf by shooting. (2) A person shall not hunt, take or kill more than one wolf unless that person is the holder of a trapper's licence. 229/88 s4 Open season by order 16. The minister may, by order, prescribe an open season in respect of the furbearing animals and that order may be made so as to apply to the whole of the province or to the part or parts of it that may be specified in the order. 17/84 s9 Prohibited activities 17. A person other than the holder of a licence issued to him or her and valid under these regulations shall not (a) trap, take or kill furbearing animals; (b) operate or conduct an establishment for the keeping or breeding of furbearing animals; (c) have possession of a live furbearing animal at a location that is not licensed as a fur farm under these regulations; (d) export or attempt to export from the province any live furbearing animals; (e) export or attempt to export from the province the skins or pelts of any furbearing animals; (f) engage in the business of buying the skins or pelts of any furbearing animals; (g) possess in areas frequented by wild life any trap, snare or other device commonly used to take furbearing animals; or (h) purchase any furbearing animal or the skin or pelt of any furbearing animal from any person who is not the holder of a trapper's licence. 17/84 s10 Licences and badges to be carried on person 18. The holder of a trapper's licence, trapper's beaver licence or beaver trapline licence shall not trap, take or kill any furbearing animal unless he or she has his or her licence on his or her person and, if a badge has been issued to him or her, wears that badge in a conspicuous manner. 17/84 s11 Poison 19. The holder of a trapper's licence shall not be in possession of poison or poisonous ingredients while trapping. 17/84 s12 Fur farms 20. (1) The owner, manager or employee of an establishment for keeping or breeding furbearing animals shall permit the establishment to be inspected at all reasonable times by a wild life officer. (2) The owner, manager or employee of an establishment for keeping or breeding furbearing animals shall furnish a wild life officer, upon request, with the information that the minister may specify. (3) The owner, manager or employee of an establishment for keeping or breeding furbearing animals shall not feed or cause to be fed the meat of any game animal to furbearing animals except under permit from the minister. (4) The owner, manager or employee of an establishment for keeping or breeding furbearing animals shall erect or cause to be erected suitable pens or cages and fences to prevent the escape of furbearing animals from the establishment. (5) The owner, manager or employee of an establishment for keeping or breeding furbearing animals shall provide enclosures for the protection of the furbearing animals. (6) The owner, manager or employee of an establishment for keeping or breeding furbearing animals shall see that the establishment is kept in a clean and sanitary condition and that no furbearing animal is kept in it in a manner that would cause it avoidable suffering or injury. 17/84 s13 Export of animals 21. A person, on his or her own behalf or as agent for any person or common carrier, shall not receive for export or cause to be exported or carried out of the province any live furbearing animal unless a live furbearing animal export licence, issued and valid under these regulations, is produced to cover the shipment. 17/84 s14 Export of pelts 22. A person, on his or her own behalf or as agent for any person or common carrier, shall not receive for export or cause to be exported or carried out of the province the raw or undressed skin or pelt of a furbearing animal except in pursuance and by virtue of a permit issued by the minister. 17/84 s15 Aiding and abetting export 23. The master, owner, purser, other officer or any member of the crew of any vessel or aircraft shall not abet or knowingly permit the export of any live furbearing animal in respect of which a live furbearing animal export licence has not been issued by the minister. 17/84 s16 Trapper's and fur exporter's licence return 24. (1) Every holder of a trapper's licence shall, on or before June 30, furnish to the Wild Life Division a return in the form that the minister may prescribe, setting out the number and kinds of furbearing animals taken by him or her during the period of validity of the licence. (2) The holder of a fur exporter's licence shall make a return to the Wild Life Division within 30 days of the date of the expiration of the licence upon the form and in the manner prescribed by the minister of the quantities and kinds and values of all skins or pelts of furbearing animals exported under authority of the licence. (3) Every holder of a fur exporter's licence who is not a resident of the province or who terminates his or her residence in the province shall make that return before he or she leaves the province. 17/84 s17 PART Beaver licence 25. The minister may, in each year, prescribe by order (a) the area in which and the period during which beaver may be taken or killed; (b) the number of beaver which may be taken by each holder of a trapper's beaver licence or beaver trapline licence; and (c) the number of trapper's beaver licences and beaver trapline licences that may be issued in respect of the period referred to in paragraph (a). 17/84 s18 Licences 26. (1) A trapper's beaver licence and beaver trapline licence shall state the area in which and the period during which it is lawful for the holder of it to take or kill beaver. (2) The holder of a licence referred to in subsection (1) shall be entitled to take or kill not more than the number of beaver specified in the licence. (3) The holder of a licence referred to in subsection (1) is entitled to have in his or her possession between the dates specified in the licence not more than the number specified in it of green or untanned or undressed hides or pelts of any beaver lawfully taken under the licence. 17/84 s19 Beaver Management Area 27. (1) This section applies to the trapping of beaver in any area designated as a Beaver Management Area in the annual open season order for beaver trapping and for the purpose of this section, "order" means the Annual Open Season Order. (2) The minister may issue for any area designated in the order a beaver trapline licence to any person who, upon investigation, is found entitled to it. (3) An applicant for a beaver trapline licence shall make application to the nearest wild life officer and with his or her application shall submit evidence as to the length of time he or she has trapped and in his or her application shall describe as accurately as possible the area in which he or she proposes to trap. (4) A beaver trapline licence shall authorize the holder to trap beaver in and over the area described or shown on a plan or map provided to the licensee and during the period or periods prescribed in the order. (5) Where, in the opinion of the minister, the trapline area produces sufficient animals for 2 or more trappers, he or she may divide that area into 2 or more traplines as he or she may consider appropriate. (6) Where, in the opinion of the minister, the trapline does not produce sufficient animals for one trapper, he or she may amalgamate 2 or more trapline areas into one as he or she considers appropriate. (7) A person may not hold more than one trapper's beaver licence or more than one beaver trapline licence and a person may not hold both licences at the same time. (8) A person other than the holder of a beaver trapline licence may not hunt, trap, take or have in his or her possession any beaver in any trapline area but the minister may, where the holder of a licence, because of illness or other reasons, is unable to carry out his or her trapline operations upon the application of the licensee, authorize another party to take or possess beaver in or over the trapline area, on behalf of the licensee. (9) Except as provided in subsection (8) the holder of a beaver trapline licence shall not employ or allow another person to hunt, trap, take or possess beaver in or over the trapline area assigned to him or her. (10) The holder of a beaver trapline licence shall not hunt, trap or take beaver outside the trapline area assigned to him or her. (11) The holder of a beaver trapline licence shall not use a trap that has not been tagged with a metal tag bearing the number of his or her licence. (12) Where any part of a Beaver Management Area is not being utilized as a trapline area, the minister may issue a special permit or licence authorizing beaver trapline in that area on those terms and conditions that he or she considers fair and reasonable. (13) Beaver trapline licences may be renewed at the discretion of the minister on those terms and conditions and upon payment of those fees that may be in force but the holder of a trapline licence in any year who wishes to renew his or her licence for the following year shall on or before October 15 apply for renewal of his or her licence. (14) A person who fails, neglects or refuses to apply for a licence renewal before the date referred to in subsection (13) shall be considered to have forfeited his or her licence and the right to the trapline area covered by that licence and the forfeited licences may be granted to another applicant. (15) The minister may, where he or she considers it necessary for conservation purposes, prohibit the holder of a beaver trapline licence from trapping over the area assigned to him or her but when that area may again be opened for trapping, that person shall have prior claim to any beaver trapline licence that may be issued so long as it has not been demonstrated that the person was responsible for the decline of the beaver in the trapline area. (16) The holder of a beaver trapline licence shall fully utilize the trapline area assigned to him or her during a trapping season and failure to harvest a sufficient number of beaver shall be considered sufficient grounds for the cancellation of the beaver trapline licence. (17) The minister may withhold renewal of a beaver trapline licence to a person who in his or her opinion has failed to provide various data and beaver parts required to ensure the sound management of the species in that area and that licence shall not be renewed until the minister is satisfied that the person shall comply with those conditions in the future. 17/84 s20; 229/88 s5 Beaver pelts to be sealed and marked 28. The holder of a trapper's beaver licence and a beaver trapline licence who takes or kills a beaver shall, within 14 days after the close of the open season stated on that licence, present the cured pelts or skins of that beaver together with the licence issued to him or her and the return form attached to the licence to a wild life officer or shall forward them to the Wild Life Division so that the skins may be measured, sealed or marked in a manner prescribed by the minister. 17/84 s21 Pelts not taken by licensee 29. A person shall not present or permit to be presented to a wild life officer for sealing or marking the skin or pelt of a beaver that was not taken by him or her in accordance with a valid trapper's beaver licence or a beaver trapline licence issued to him or her in accordance with these regulations and a person shall not be a party to having or attempting to have a skin or pelt of any beaver sealed or marked by a wild life officer that was not taken under and in accordance with the licence that is presented to the wild life officer with the skins or pelts. 17/84 s22 Unsealed or unmarked pelts 30. A fur dealer or buyer shall not have any unsealed or unmarked beaver pelts in his or her possession. 17/84 s23 Beaver dam 31. Except with the approval in writing of the minister, a person shall not take away, destroy or interfere with a beaver dam, beaver house or food stored by beaver. 17/84 s24 Active beaver habitat 32. A person, other than a person holding a trapper's beaver licence or a beaver trapline licence shall not set any trap or snare on an active beaver house, beaver dam or beaver path. 17/84 s25 Return filed by trapper 33. The holder of a trapper's beaver licence or a beaver trapline licence shall complete the return form attached to the licence whether or not any beaver were taken and forward it to the Wild Life Division within 14 days of the close of the open season stated in the licence. 17/84 s26 Return filed by dealer 34. The holder of a fur dealer's store licence or a travelling fur dealer's licence shall complete the return form attached to the licence and forward it to the Wild Life Division within 30 days of the date of expiration of the licence. 17/84 s27 PART IV Big game 35. (1) The minister may, upon application by a person or any 2 or more persons, issue a big game licence to take one moose, one caribou or one bear by shooting and the minister may, in addition, issue a badge or badges in respect of the licence. (2) There shall be issued with every big game licence, except a big game licence for the shooting of bear, one or more seals or tags or both, and those seals or tags shall bear the same number as the licence. (3) Every licence, seal or tag and badge issued under subsections (1) and (2) is valid only until the big game animal has been killed or for the period of the open season in respect of which the licence, seal or tag and badge is issued, whichever first occurs. (4) Where a big game licence is issued to 2 or more persons, each of those persons is for the purpose of these regulations considered to be the holder of that licence. (5) A resident who holds a big game licence under this section that is issued through a draw process may hold only one big game licence to shoot a moose or one big game licence to shoot a caribou in a 12 month period ending April 30. (6) This subsection does not prevent the holder of either of these licences from holding a regular caribou hunting licence for the northern zone of Labrador nor does it prevent the holder of a special caribou licence or of a regular caribou licence for the northern zone of Labrador from holding one of the big game licences issued through a draw process. (7) A person shall not possess or transport big game unless the seal or tag issued with the licence has been affixed and locked to the carcass between the tendon and the bone of each quarter so that the seal or tag cannot be removed without breaking the lock or cutting, breaking or tearing the tag, tendon or bone. (8) The seal or tag shall be affixed and locked on the big game animal before it is moved from the place of kill and before it is brought into a hunting camp, structure, dwelling or other place of abode occupied overnight or before being placed wholly or partially on a motor vehicle, snowmobile, all‑terrain vehicle, aircraft or boat. (9) The seal or tag affixed and locked on the big game animal shall remain in the possession of the licence holder or licence holders until the meat of that big game animal has been utilized. (10) Where the holder of a licence gives an entire quarter of a big game animal gratuitously to another person, the seal or tag shall remain in possession of that person until he or she has utilized all the meat of that quarter. (11) Every holder of a big game licence shall be named and described in that licence. (12) When 2 persons are the holders of one big game licence, both of those persons may carry firearms and hunt provided they are in the immediate area of and within sight of each other while both are hunting and both licence holders are guilty of an offence if they are not in the immediate area of and within sight of each other while hunting. (13) Either of the holders of one big game licence may hunt alone provided that he or she has the licence and seals or tags issued with that licence on his or her person. (14) The persons who are named in a big game licence to shoot moose or in a big game licence to shoot caribou are the only persons eligible to hunt with the licence. (15) One moose or one caribou may be taken for each big game licence and if more than one is taken, both holders of the licence are guilty of an offence. (16) Subsections (9) to (13) do not apply in the (17) When more than 2 persons are the holders of one big game licence to hunt polar bear, all of those persons may carry firearms and hunt provided they are in the immediate area of and in sight of each other while hunting and all licence holders are guilty of an offence if they are not in the immediate area of and within sight of each other while hunting. (18) For the purposes of this section, place of kill means the area included in a 10 metre radius from where the animal is dropped by the hunter. 17/84 s28; 86/88 ss1&2; 229/88 s7; 183/90 s2 Age limit 36. (1) A person under 18 years of age on August 31 in the year in which an application for a big game licence is made and a person on behalf of that person shall not apply for a big game licence. (2) A big game licence shall not be issued in respect of a person who is not 18 years of age on August 31 in the year to which the licence relates. (3) Notwithstanding subsections (1) and (2), the minister may, in cases where need is shown, issue a big game licence to a person between the ages of 16 years and 18 years. 17/84 s29; 229/88 s8 Licences required by hunters 37. (1) A person who is not the holder of a big game licence issued to him or her and valid under these regulations shall not hunt, take or kill any big game. (2) Except as provided for in subsection 35(12), a holder of a big game licence shall not hunt, take or kill big game unless the licence is on the person of the licence holder and where a badge has been issued with the licence, the licence holder shall wear the badge in a conspicuous manner. (3) The holder of a big game licence shall not hunt in a management area that is not named in the big game licence. 17/84 s30; 229/88 ss9&10; 183/90 s3 Open season by order 38. The minister may, by order, prescribe an open season in respect of the big game animals and that order may be made so as to apply to the whole of the province or to the part or parts of it that may be specified in the order. 17/84 s31 Prohibition 39. (1) A person shall not hunt, take or kill any big game except during the open seasons prescribed in an order made under these regulations. (2) A person shall not hunt, take or kill in an open season any big game other than the number, kind or sex named in his or her licence or designated in an order made under these regulations. (3) A person who kills, cripples or wounds a big game animal shall immediately make all reasonable efforts to retrieve that animal. 17/84 s32 Use of dogs 40. (1) A person shall not use a dog for the purpose of hunting big game. (2) A person shall not, while hunting small game with a dog, hunt, take or kill any big game and if the dog, accompanied by a person hunting small game, hunts, tracks, follows, pursues or worries big game, then that person shall be guilty of an offence. (3) A person who owns a dog shall not permit the dog to chase or harass wild life. (4) Notwithstanding subsection (3), dogs may be used to hunt and retrieve small game during the open seasons for that game. 17/84 s33; 229/88 s11; 183/90 s4 Big game not to be molested while swimming 41. A person shall not hunt, take, kill or molest any big game while the game is swimming. 17/84 s34 Hunting at night 42. (1) A person shall not make use of or take advantage of any artificial light or device involving the use of artificial light to hunt, take or kill any game. (2) A person shall not hunt, take or kill big game during the period commencing one‑half hour after sunset on any day ending and ending one‑half hour before sunrise on the day next following. 17/84 s35 Snares 43. (1) A person shall not set or use or cause to be set or used any pitfall, trap or snare for the purpose of taking or killing big game. (2) Nothing in subsection (1) shall prevent the taking or killing of black bear by snaring by a person authorized to do so by the minister or his or her agent. 17/84 s36; 86/88 s3 Sunday hunting 44. A person shall not hunt, take or kill big game on a Sunday. 17/84 s37 Traffic in big game 45. (1) Subject to subsections (4), (5), (6), (7), sections 46, 52, 58, 64 and 68, (a) a person shall not sell or purchase, attempt to sell or purchase or otherwise traffic in a big game animal or parts of it; (b) a person shall not have possession of a big game animal or parts of it but this provision does not apply to (i) the holder of a big game licence where the big game animal has been taken in accordance with these regulations, (ii) a person who gratuitously receives from the holder of a big game licence a big game animal or parts of it taken in accordance with these regulations, (iii) the sale, purchase or possession of big a game animal or parts of it that has been imported for commercial purposes under authority of a permit to import, or (iv) the possession of a big game animal or parts of it that has been marketed under a commercial caribou harvesting licence, a wholesale caribou meat licence, a retail caribou meat licence or a wild meat service licence. (2) A person shall not take, possess or traffic in a big game animal or parts of it that has been killed or injured by motor vehicles, railway trains or other accident or as a result of disease or other causes. (3) The minister may upon application issue a permit to import the meat of big game animals for commercial purposes. (4) The sale of moose and caribou parts is permitted by the holder of a big game licence, where the animal has been taken in accordance with these regulations, to manufacturers of crafts operating within the province and recognized by the department responsible for craft development. (5) Shed antlers may be collected and sold to manufacturers of crafts operating within the province and recognized by the department responsible for craft development. (6) A "Permit to Collect Shed Antlers", containing the conditions of sale, must be obtained from the Minister of Forest Resources and Agrifoods or an agent of the minister for collection and sale under subsection (5). (7) Moose and caribou parts may be collected to be sold to manufacturers of crafts operating within the province and recognized by the department responsible for craft development, or for the personal use of the collector. (8) A "Permit to Collect Moose and Caribou Parts", specifying the parts to be collected and containing conditions of the disposition of those parts, must be obtained from the Minister of Forest Resources and Agrifoods or an agent of the minister for collection and sale under subsection (7). (9) Craft manufacturers purchasing big game animal parts must obtain a "Permit to Purchase Moose and Caribou Animal Parts", containing the conditions of purchase, authorized by the Minister of Forest Resources and Agrifoods or an agent of the minister. 229/88 s12; 230/94 ss2&3 Commercial caribou harvesting licence 46. (1) The minister may, upon application by a person, company or corporation, issue to that person, company or corporation a commercial caribou harvesting licence for the hunting, taking, processing, storing, shipping and selling of caribou and caribou by‑products. (2) A commercial caribou harvesting licence shall expire on December 31 in each year. (3) Applications for commercial caribou harvesting licence renewal shall be reviewed annually, after evaluation of the health of the herd. 229/88 s12 Records required 47. The holder of a commercial caribou harvesting licence shall maintain records of (a) the number of caribou taken; (b) the weight of the caribou meat; (c) the name and address of the person, wholesale or retail business, purchasing caribou; (d) the date of the sale of caribou meat to a person, wholesale or retail business; and (e) the weight of caribou meat sold to a person, wholesale or retail business. 229/88 s12 Production of records 48. The holder of a commercial caribou harvesting licence shall produce the records when requested to do so by a wild life officer. 229/88 s12 Tag to be affixed 49. The holder of a commercial caribou harvesting licence shall affix and lock a tag between the tendon and the bone and around the bone of each quarter of caribou meat before it is shipped from the processing facility. 229/88 s12 Packaging of meat 50. The holder of a commercial caribou harvesting licence shall package caribou meat sold in less than quarter lots in packages labelled or marked for future identification. 229/88 s12 51. The holder of a commercial caribou harvesting licence shall not sell caribou meat to a wholesale or retail business that is not in possession of a wholesale caribou meat licence, a retail caribou meat licence or a wild meat service licence. 229/88 s12 Wholesale licence 52. The minister may, upon application by a wholesale business, issue to that wholesale business a licence for the purchase and sale of caribou meat, by the quarter, taken on a commercial caribou harvesting licence. 229/88 s12 Expiration of licence 53. A wholesale caribou meat licence shall expire on December 31 in each year. 229/88 s12 Records to be maintained 54. The holder of a wholesale caribou meat licence shall maintain records of (a) the name and address of the person, wholesale or retail business purchasing caribou; (b) the date of the sale of caribou meat to a person, wholesale or retail business; and (c) the weight of caribou meat sold to a person, wholesale or retail business. 229/88 s12 Production of records 55. The holder of a wholesale caribou meat licence shall produce the records when requested to so by a wild life officer. 229/88 s12 56. The holder of a wholesale caribou meat licence shall not sell caribou meat to a wholesale or retail business that is not in possession of a wholesale caribou meat licence, a retail caribou meat licence or a wild meat service licence. 229/88 s12 Tag to be affixed 57. The tag that is affixed and locked between the tendon and the bone and around the bone of each quarter of caribou meat shall not be removed while it is in possession of the holder of a wholesale caribou meat licence. 229/88 s12 Retail licence 58. The minister may, upon application by a retail business, issue to that retail business a licence for the purchase of caribou meat from the holder of a commercial caribou harvesting licence or the holder of a wholesale caribou meat licence and to sell the caribou meat at retail. 229/88 s12 Expiration of licence 59. A retail caribou meat licence shall expire on December 31 in each year. 229/88 s12 Tag to be affixed 60. The tag that is affixed and locked between the tendon and the bone and around the bone of each quarter of caribou meat shall not be removed until the quarter of meat has been cut and packaged by the holder of a retail caribou meat licence. 229/88 s12 Packaging of meat 61. The holder of a retail caribou meat licence shall package caribou meat sold in less than quarter lots in packages labelled or marked for future identification. 229/88 s12 62. A person shall not sell caribou meat while not being in possession of a valid wholesale caribou meat licence or a valid retail caribou meat licence. 229/88 s12 Proof of purchase 63. A person who purchases caribou meat from the holder of a commercial caribou harvesting licence, the holder of a wholesale caribou meat licence or the holder of a retail caribou meat licence shall produce proof of purchase if requested to do so by a wild life officer. 229/88 s12 64. (1) The minister may, by issue of a wild meat service licence, authorize the owner or operator of a tourist establishment licensed under the Tourist Establishments Act or a person licensed under the Food and Drug Act (Canada) to purchase from the holder of a permit to sell, during the open season and 7 days after that, big game legally taken, and to serve that game to customers. (2) The holder of a big game licence may, during the open season and for 7 days after that, obtain from a wild life officer a permit to sell big game legally taken by him or her to any holder of a wild meat service licence. (3) A wild meat service licence shall expire on August 31 in each year. (4) The holder of a wild meat service licence shall keep records and make a return to the Wild Life Division at the end of each month recording the name and address of the sellers, the purchases made and the quantities served during the month and the stock on hand at the end of the month. (5) The holder of a wild meat service licence shall produce the records when requested to do so by a wild life officer. (6) The holder of a wild meat service licence shall not sell or serve or offer to sell or serve big game except in the form of cooked meals prepared for consumption on the premises or elsewhere. 17/84 s39 Proof of sex 65. The holder of a big game licence to hunt, take or kill male only animals shall upon request of a wild life officer produce the scrotum attached to one‑quarter of the big game taken. 17/84 s40 Cold storage 66. (1) A person shall not accept or keep any untagged big game or parts of it in a commercial, company or private cold storage, bait depot or other freezer. (2) Subsection (1) does not apply to big game or parts of it placed in storage by a wild life officer engaged in the execution of his of her duties. 17/84 s41 Surrender of jawbone 67. Every person who kills a moose or a caribou in an area of the province which has been designated as a management area in the Annual Hunting Order made under these regulations shall surrender to the nearest wild life officer the lower jawbone of the moose or caribou but, if a person wishes to retain the head of that animal for mounting purposes, he or she may do so by permitting a wild life officer to inspect the head and, upon the inspection, the person will be considered to have so surrendered the jawbone. 17/84 s42 Skin exporter's dealer's licences 68. (1) The minister may upon application issue (a) a skin exporter's licence to export from the province the skins or hides of big game animals; and (b) a skin dealer's licence to purchase or receive for processing the skins or hides of big game animals. (2) A licence issued under this section is valid to the end of the year in which the licence is issued. (3) The holder of a skin dealer's licence shall, within 30 days of the expiration of the licence, make a return to the minister in form prescribed by the minister and the return shall include the date on which each skin or hide was received by the holder of the licence, the name and address of the seller, the consideration for the transaction, the number of the big game licence under which the animal was taken, the species of animal and the disposition of the skin. (4) Notwithstanding section 63, skins or hides of big game animals taken in accordance with these regulations may (a) be exported by the holder of a skin exporter's licence; and (b) be sold to the holder of a skin dealer's licence by the holder of the big game licence under which the animals were taken. 17/84 s43 Removal of game 69. (1) A person killing big game shall remove the same from the place where it was killed on or before the close of the season for that game. (2) A person who, having killed any big game during the open season for that game, is unable to remove the same from the place where it was killed before the close of the season open for that game, shall apply to the nearest wild life officer for a permit to transport game in closed season. (3) A permit to transport big game in closed season may be issued by a wild life officer to a person upon application by that person who shall provide the following information: (a) the location of the game so killed; (b) the date on which the game was killed; and (c) the destination to which the game is to be transported. (4) A permit to transport big game in closed season shall contain the following information: (a) the name of the person to whom it is issued; (b) the date on which the game was killed; (c) the location of the game so killed; (d) the destination to which the game is to be transported; (e) the date of the application and issuance of the permit; and (f) the date on which the permit expires. (5) A permit to transport game in closed season shall not be valid after the expiration of a period of 7 days following the date of issuance unless that permit is endorsed by the issuing officer that it is valid for a longer period. 17/84 s44 Surrender of licences 70. (1) Each holder of a big game licence shall, within 7 days after the close of the open season for which the licence is valid, surrender his or her licence to the nearest wild life officer or forward by registered mail to the Wild Life Division. (2) Notwithstanding subsection (1), each holder of a big game licence shall, within 7 days after the date on which the animal was taken under the licence, surrender his or her licence to a person named in subsection (1). (3) Every holder of a big game licence shall, within 7 days after making a kill, fill in and forward to the Wild Life Division the return form attached to the licence and licence holders failing to make a kill shall complete and forward the return form within 7 days after the close of the season. 17/84 s45; 229/88 s13 PART V Small game licences and badges 71. The minister may, upon application by a person, issue to that person a small game licence (a) to take or kill ptarmigan, spruce grouse and ruffed grouse by shooting or snaring; (b) to take or kill ptarmigan, spruce grouse and ruffed grouse by snaring; (c) to take or kill rabbits (varying hares) and arctic hares by shooting or snaring; or (d) to take or kill rabbits (varying hares) and arctic hares by snaring, and the minister may, in addition, issue to that person a badge in respect of the licence. 17/84 s46 Age limit 72. (1) A person under 16 years of age and a person on behalf of a person under 16 years of age shall not apply for a small game licence to take or kill wild ducks, wild geese and snipe by shooting and to take or kill ptarmigan, spruce grouse and ruffed grouse by shooting or snaring. (2) A person under 16 years of age or a person on his or her behalf may apply for and be issued a licence to take or kill ptarmigan, spruce grouse and ruffed grouse by snaring. (3) A person under 16 years of age or a person on his or her behalf may apply for and be issued a licence to take or kill rabbits (varying hares) and arctic hares by snaring. (4) Subject to subsections (2) and (3), a small game licence shall not be issued to a person under 16 years of age or to a person on his or her behalf. (5) Where a small game licence is issued to a person under 16 years of age it shall be clearly marked "not valid for shooting". 17/84 s47 Open season for small game 73. The minister may, by order, prescribe an open season in respect of the small game species and that order may be made so as to apply to the whole of the province or to a part or parts of it that may be specified in the order. 17/84 s48 Licences required by hunters 74. (1) A person who is not the holder of a small game licence issued and valid under these regulations shall not hunt, take or kill small game except wild ducks, wild geese and snipe which may be hunted, taken or killed by the holder of a migratory game bird hunting permit. (2) A person shall not hunt wild duck, wild geese
or snipe unless he or she is the holder of a Canada Migratory Game Bird Hunting
Permit issued under the authority of the Migratory
Birds Regulations ( (3) A holder of a small game licence shall not hunt, take or kill any small game unless he or she has his or her licence on his or her person and if a badge has been issued to him or her, wears his or her badge in a conspicuous manner. 17/84 s49; 229/88 s14 Prohibition 75. (1) A person shall not hunt, take or kill small
game except during the open season prescribed under these regulations or the Migratory Birds Regulations ( (2) A person shall not take or destroy the nests
or eggs of any wild birds except when authorized under the provisions of the Migratory Birds Convention Act ( (3) A person shall not hunt, take or kill by means of a firearm small game on a Sunday. 17/84 s50; 229/88 s15 76. (1) The minister may, by issue of a wild meat service licence, authorize the owner or operator of any tourist establishment licensed under the Tourist Establishments Act or any person licensed under the Food and Drug Act (Canada) to purchase from the holder of a permit to sell during the open season and 7 days after that small game legally taken, except migratory birds, and to serve that game to customers. (2) The holder of a small game licence may, during the open season and for 7 days after that, obtain from any wild life officer a permit to sell game legally taken by him or her, except migratory birds, to any holder of a wild meat service licence. (3) A person shall not sell or purchase or offer to sell or purchase or expose for sale any migratory game bird, migratory insectivorous bird or migratory non‑game bird. (4) The holder of a wild meat service licence shall keep records and make a return to the Wild Life Division at the end of each month recording the name and address of the sellers, the purchases made and the quantities served during the month and the stock on hand at the end of the month. (5) The holder of a wild meat service licence shall produce the records when requested to do so by a wild life officer. (6) The holder of a wild meat service licence shall not sell or serve or offer to sell or serve small game except in the form of cooked meals prepared for consumption on the premises or elsewhere. (7) A wild meat service licence shall expire on August 31 in each year. 17/84 s51 Traffic in ptarmigan 77. (1) Subject to sections 76 and 87, a person shall not sell or purchase, or offer to sell or purchase, or expose for sale any ptarmigan and an owner or occupier of a restaurant, boarding house, roadhouse, tavern, lunch counter or tourist establishment as defined by the Tourist Establishments Act shall not serve ptarmigan or cause or permit ptarmigan to be served. (2) When an offence, for which the owner or occupier of any premises mentioned in subsection (1) is liable, has been committed by the manager, agent, servant or other person, that manager, agent, servant or other person is liable to the same penalty as if he or she were the owner or occupier of the premises. (3) Where the owner or occupier of any premises mentioned in subsection (1) is charged with an offence against this section, he or she shall be entitled, upon information duly laid by him, to have another person whom he or she charges as the actual offender brought before the court at the time appointed for the hearing of the charge and if, after the commission of the offence has been proved, he or she proves to the satisfaction of the court that he or she has used due diligence to enforce compliance with this section and the other person has committed the offence in question without his or her knowledge, consent or connivance, that other person may be summarily convicted of the offence and the owner or occupier shall be exempt from any penalty. 17/84 s52 Cold storage, wild birds 78. (1) A person shall not place any wild bird in storage in a commercial, company or private cold storage, bait depot or other freezer, except during the open season for birds of each species and for 7 days after that. (2) A person shall not accept any wild birds in a commercial, company or private cold storage, bait depot or other freezer, except during the open season for birds of each species and for 7 days after that. (3) Subsections (1) and (2) do not apply to wild birds or parts of them placed in storage by a wild life officer engaged in the execution of his or her duties. 17/84 s53 Snares 79. (1) A person shall not set or use or cause to be set or used any pitfall, trap or snare for the purpose of taking or killing wild birds, except the holder of a small game licence may be permitted to take ptarmigan, spruce grouse and ruffed grouse by snaring. (2) A person shall not set or use or cause to be set or used a net of any description for the purpose of taking or killing small game. (3) A person shall not set or use a fish hook or snare equipped with a fish hook or other similar device for the purpose of taking or killing small game. (4) Every person who has set or used a snare or trap which may legally be set in accordance with these regulations shall take up or spring the snare or trap on or before the last day of the season during which a snare or trap may legally be set. 17/84 s54 Bag limits 80. A person shall not take or kill in any open season more small game than the quantity specified in the Annual Hunting Order. 17/84 s55 Raptors 81. (1) A person shall not hunt, take or kill or have in his or her possession an eagle, falcon, hawk, osprey or owl of any species. (2) A person shall not sell or purchase or offer to sell or purchase or expose for sale any eagle, falcon, hawk, osprey or owl of any species. (3) Notwithstanding subsections (1) and (2), the minister or his or her agent may issue a permit to authorize the possession of raptors. 17/84 s56 PART VI Possession of live wild life 82. Subject to subsection 7(3) of the Act and subject to these regulations, every person in possession or control of live wild life shall, immediately upon coming into that possession or control, apply in writing to the minister for a permit to keep the live wild life in captivity. 17/84 s57 Import of wild life 83. (1) Except with the prior written permission of the minister, (a) a person shall not import or bring into the province any wild animal; (b) a person shall not bring into the island
portion of the province from (2) For the purpose of this part the term "wild animal" means any live animal, including without limitation, any amphibian, arthropod, bird, coelenterate, crustacean, fish, other invertebrate, mammal, mollusk or reptile, whether or not bred, hatched or born in captivity and including any egg or offspring of them. (3) A person shall not have possession of any wild
animal which has been imported into the province or has been brought into the
island portion of the province from (4) This section does not apply to wild animals set out in Schedule B. 17/84 s58 Release of wild life 84. A person shall not release into natural cover
any wild animal imported into the province or propagated from stock imported
into the province or brought into the island portion of the province from 17/84 s59 Export of wild life 85. A person shall not export, take or carry any wild life out of the province except in pursuance to and by virtue of a permit issued by the minister or his or her agent. 17/84 s60 Scientific purposes 86. These regulations do not apply to a person who does an act prohibited by the regulations if it is done for scientific purposes or for the purpose of conservation of wild life and the person has obtained before the act the written permission of the minister or his or her agent. 17/84 s61 Exception 87. (1) Notwithstanding anything contained in these regulations, the minister or his or her agent may by written permission authorize any religious, charitable or educational organization to serve the meat of game with meals, for which a charge is made, where the game (a) has been taken in accordance with these regulations; or (b) has been forfeited and donated without charge to the organization. (2) Notwithstanding anything contained in these regulations, the minister or an agent of the minister may issue a permit authorizing the possession of any wild life for mounting that has been taken by accidental means. 17/84 s62; 229/88 s16 Nuisance wild life 88. Wild life species which are considered by the minister to be a nuisance or menace may be taken by shooting or trapping with the written permission of the minister or his or her agent. 17/84 s63 Closed season except by order 89. In relation to any wild life species that is not named in the annual hunting or trapping orders, there is no open season. 17/84 s64 Traffic in wild life 90. A person shall not sell or purchase or attempt to sell or purchase or otherwise traffic in or have in his or her possession or under his or her control any wild life taken contrary to these regulations. 17/84 s65 PART Complimentary licences 91. The minister may issue game and fishing licences, badges, tags and seals free of charge to His Honour the Lieutenant‑Governor, the Honourable the Premier, former premiers and distinguished visitors to the province. 17/84 s66 Order re fees 92. Notwithstanding the fees prescribed by the minister, the minister may, by order, (a) designate areas or zones in the Labrador portion of the province in which free licences for the hunting of caribou and free licences for the hunting of black bear may be issued subject to the conditions set out in the order; (b) designate areas or zones in the Labrador portion of the province in which special licences for the hunting of caribou and special licences for the hunting of black bear may be issued at a fee prescribed by the minister subject to the conditions set out in the order; and (c) designate areas or zones in the 17/84 s67; 188/89 s1; 18/91 s1 Loss of licence copy 93. A person who loses or otherwise destroys his or her big game hunting licence may be issued a duplicate replacement licence upon submission of a duly completed affidavit and the payment of a fee as prescribed by the minister. 17/84 s68 Fees 94. Subject to sections 91 and 92, the fees payable for various licences shall be as prescribed by the minister. 17/84 s69 Licence vendors 95. (1) Every person, other than an employee of the provincial government, who issues hunting, fishing or trapping licences on behalf of the minister may be paid a commission equal to 15% of the value of the licences issued by him or her or in cases where no licence fee is charged for the licences issued may be paid the sum prescribed by the minister instead of the commission. (2) A person, other than an employee of the provincial government, who issues a resident small game (birds and mammals) licence may charge the applicant a sum prescribed by the minister for the time taken by that person to issue the licence and subsection (1) shall not apply. 17/84 s70; 1992 cF‑7.1 s46 Issue of licence prohibited 96. A person shall not issue a hunting licence to a person under the ages specified in sections 36 and 72. 17/84 s71 Production of licences 97. (1) A holder of a licence or badge or written permission issued under these regulations shall not refuse or neglect to produce the same or permit the examination of them when requested or required to do so by a wild life officer. (2) A holder of a licence or badge or written permission issued under these regulations shall not permit that licence or badge or written permission to be used by another person. 17/84 s72 False application 98. (1) A person shall not make a false statement or supply false information when applying for a hunting, trapping or fishing licence. (2) A person shall not complete a big game licence application form on behalf of another person without the knowledge and consent of that person. 17/84 s73 Persons under prohibition 99. (1) A person shall not apply for a big game licence during the period during which he or she is prohibited from holding a big game licence by order of a court made under the provisions of section 29 of the Wild Life Act. (2) A big game licence shall be invalid if it is issued to a person who is prohibited from holding a big game licence by order of a court made under provisions of the Wild Life Act. (3) A person shall not apply for a licence to hunt game during the period during which he or she is prohibited by a court from possessing a firearm. (4) A licence to hunt shall not be issued to a person who is prohibited by a court from possessing a firearm. (5) A licence to hunt shall be invalid if it is issued to a person who is prohibited by a court from possessing a firearm. (6) Notwithstanding subsections (3), (4) and (5), a person who is prohibited by a court from possessing a firearm may be issued a small game licence for snaring which shall be clearly marked "not valid for shooting". 17/84 s74; 229/88 s17 Residents and non‑residents 100. (1) A resident shall not apply for a big game licence with a non‑resident. (2) A non‑resident and a person on behalf of a non‑resident shall not apply for a big game licence with a resident. (3) A non‑resident shall not participate in the big game licence draw for residents. (4) A non‑resident and a person on behalf of a non‑resident shall not apply for a resident small game licence. (5) A big game licence shall be invalid if it is issued (a) to a resident and a non‑resident; or (b) to a non‑resident as a result of the big game licence draw for residents. 17/84 s75 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 fishing licence or written permission or badge issued under the Act or regulations. (2) A person shall not hunt, take or kill any wild life while in possession of or acting upon any hunting, trapping or fishing licence or written permission that has been altered, changed, defaced, loaned or transferred. (3) A person shall not carry or possess any firearm in an area known to be frequented by wild life while in possession of or acting upon any hunting licence or written permission that has been altered, changed, defaced, loaned or transferred. 17/84 s76; 229/88 s18 PART VIII Prohibition 102. A person shall not take a dog to a place frequented by wild life from April 1 to August 31 in any year. 17/84 s77 Exception 103. Notwithstanding section 102, the minister or his or her agent may issue a permit to individuals or organizations authorizing participation in dog field trials or dog field training subject to any conditions that may be included in the permit. 136/88 s1 Destruction of dogs 104. A wild life officer may destroy or cause to be destroyed any dog which is found harassing wild life. 17/84 s79 PART IX Prohibition on use of aircraft or vehicle 105. (1) A person shall not hunt wild life from any aircraft or any four‑wheel drive motor vehicle or motor vehicle equipped with a caterpillar or track‑tread, whether in motion or otherwise, but this shall not limit the use of a vehicle when being used for transportation purposes only. (2) A person shall not use any aircraft in locating, spotting or searching for wild life for the purposes of directing or assisting himself or herself or another person to destroy or capture the wild life. (3) A person other than the holder of a valid game licence shall not carry or possess a firearm in an aircraft without first having obtained a permit from the minister. (4) Subsection (3) shall not apply to equipment
carried on any aircraft in compliance with the provisions of the Aeronautics Act ( (5) Where a person violates the provisions of these regulations while in an aircraft, four‑wheel drive motor vehicle or motor vehicle equipped with a caterpillar or track‑tread and the actual offender has not been ascertained and prosecuted, the person in control of the aircraft or motor vehicle at the time of the offence is responsible for the violation and may be prosecuted as the offender. (6) Nothing in subsection (5) relieves the actual offender from liability for the violation. 17/84 s80; 229/88 s19 Harassment of wild life 106. A person shall not operate an aircraft, motor vehicle, vessel, snow machine or all‑terrain vehicle in a manner that will harass any wild life. 17/84 s81 Firearms, ammunition, permits and licences 107. (1) A person other than a person holding a permit to carry, transport or possess firearms or ammunition issued to him or her by the minister or his or her agent shall not during the closed season carry, transport or possess a firearm or ammunition in any place known to be frequented by wild life, but a person travelling to a hunting area may, if he or she holds the proper game licence, carry, transport or possess a firearm or ammunition in an area known to be frequented by wild life if the firearm is cased or securely wrapped and tied. (2) A person, other than a person holding a permit to carry, transport or possess firearms or ammunition, issued to him or her by the minister or his or her agent, shall not on a Sunday carry, transport or possess a firearm or ammunition in any place known to be frequented by wild life, but a person travelling to a hunting area on a Sunday may, if he or she holds the proper game licence, carry, transport or possess a firearm or ammunition in an area known to be frequented by wild life if the firearm is cased or securely wrapped and tied. (3) A person shall not during any closed season for big game carry, transport or possess a rifle, single bullet, rifled slug, ball, buckshot or a shot larger than BB in any place known to be frequented by wild life, except in Labrador a person during the prescribed open seasons may hunt small game with a.22 calibre rim‑fire rifle. (4) A person other than the holder of a valid game licence issued to him or her shall not carry, transport or possess a firearm or ammunition during the open seasons for shooting in any place frequented by wild life, unless authorized by the minister or his or her agent. (5) A person other than the holder of a big game licence shall not, during an open season for big game, carry, transport or possess a rifle, single bullet, rifled slug, ball, buckshot, or any shot larger than BB in any place known to be frequented by wild life with a management area other than the management area in which the big game licence is valid, except in Labrador a person may during the prescribed open seasons hunt small game with a.22 calibre rim‑fire rifle. (6) A person shall not hunt, take or kill any wild life with a repeating, automatic or autoloading shotgun which has not been permanently plugged or altered so that it is incapable of holding of total of more than 3 shells at one time in the chamber and magazine. (7) A person shall not carry, transport or possess a repeating, automatic or autoloading shotgun in an area frequented by wild life, unless that shotgun has been permanently plugged or altered so that it is incapable of holding a total of more than 3 shells in the chamber and magazine at one time. (8) A person shall not use for hunting or shooting wild life a set gun, swivel gun or the apparatus known as a silencer and for the purpose of this subsection, "set gun" means a contrivance, device or firearm capable of discharging or projecting a missile which is set to operate otherwise than in the presence of and by the direct act of user. (9) A person shall not carry, transport or possess a set gun, swivel gun or the apparatus known as a silencer in an area known to be frequented by wild life. (10) A person under the age of 16 years shall not carry, transport, possess or use firearms in any place frequented by wild life, except when authorized by a permit issued by the minister or his or her agent. (11) A person shall not hunt, take or kill wild life with fully automatic rifle. (12) A person shall not, within the island portion of the province, carry, transport or possess a rifle of.22 calibre or a rifle using ammunition having a bullet weight of less than 100 grains or a muzzle energy less than 1,500 foot pounds as specified in Schedule A in an area known to be frequented by wild life. (13) Notwithstanding subsection (12), the holder of a trapper's licence may carry, transport, possess and use a.22 calibre rim‑fire rifle to kill furbearing animals that are alive in traps. (14) A person shall not hunt, take or kill any big game by means of a rifle of.22 calibre or a rifle using ammunition having a bullet weight of less than 100 grains or a muzzle energy less than 1,500 foot pounds or a shotgun smaller than 20 gauge calibre. (15) Notwithstanding
subsection (14), the minister may by order designate areas or zones in the (16) A person shall not hunt any wild life and a person shall not carry, transport or possess in any area frequented by wild life a firearm which propels a missile by means of compressed air, compressed gas or by a spring but this section shall not be construed as prohibiting the hunting of wild life with hunting bows and hunting arrows as provided for in section 108. (17) A person engaged in a timber operation or in maintenance of a timber operation or in a mining operation or in the construction or maintenance of a railway or public work shall not possess, during a closed season for big game, a firearm in the vicinity of a dwelling place or structure used in connection with that unless authorized by the minister or his or her agent. (18) A person shall not possess in a fishing camp, hunting camp, summer cottage or other camp or cottage a firearm, during the periods of closed season, except that the minister or his or her agent may issue a permit to keep a firearm in that camp or cottage when the owner or occupier demonstrates the need to keep a firearm in that camp or cottage. (19) A person shall not carry, transport or possess a loaded firearm in or on or discharge the same from any aircraft, motor car or other vehicle and for the purpose of this subsection a firearm shall be considered loaded if it has a loaded shell or cartridge in the barrel or in the magazine and that magazine is affixed to the firearm in its usual position. (20) A person shall not discharge a firearm from or across a railway, highway, public road or private road. (21) A person shall not hunt, take or kill any big game by means of the fully metal cased non‑exploding bullet or ball commonly known as service ammunition or subject to section 108, by a missile other than a single bullet or ball. (22) A person shall not carry, transport or possess a fully metal cased non‑exploding bullet or ball commonly known as service ammunition in any area known to be frequented by wild life. (23) A person shall not use or possess ammunition that has been cut, ringed or in any way altered in any area known to be frequented by wild life. (24) A person holding a hunting licence shall not carry, transport or possess more than one firearm in an area known to be frequented by wild life unless each firearm in excess of one is unloaded and cased or securely wrapped and tied. (25) For the purpose of this section, the following calibres are considered to be .22 calibres: .218, .219, .220, .222, .22/250, .223, .224 and .225 whether or not these calibres may use ammunition having a bullet weight in excess of 100 grains or having a muzzle energy in excess of 1,500 foot pounds. 17/84 s82; 275/90 ss1‑3 Hunting bows and arrows 108. (1) A person shall not hunt, take or kill any wild life by means of a cross bow and arrow. (2) A person shall not hunt, take or kill any big game by means of a long bow and arrow unless the long bow has at least 20 kilograms pull at full draw. (3) A person shall not hunt, take or kill any big game by means of a compound bow and arrow unless the compound bow has at least 20 kilograms pull at peak draw. (4) A person shall not hunt, take or kill any big game by means of a long bow or compound bow as provided in subsections (2) and (3) unless the arrow is tipped with a metal hunting head possessing 2 or more cutting surfaces retaining a sharpened edge. (5) A person shall not hunt, take or kill any small game by means of a long bow and arrow unless the long bow has at least 10 kilograms pull at full draw. (6) A person shall not hunt, take or kill any small game by means of a compound bow and arrow unless the compound bow has at least 10 kilograms pull at peak draw. (7) A person shall not hunt, take or kill any small game by means of a long bow or compound bow as provided in subsections (5) and (6) unless the arrow is tipped with a blunt, bludgeon or other small game tip designed to kill by shock. (8) A person shall not hunt, take or kill any wild life with an arrow that is tipped with poison or a drug. (9) A person shall not hunt, take or kill any wild life with an arrow that is equipped with barbed or explosive arrowheads. (10) A person shall not carry, possess or transport any arrow tipped with poison or a drug in any area known to be frequented by wild life. (11) A person shall not carry, possess or transport an arrow that is equipped with barbed or explosive arrowheads in any area known to be frequented by wild life. 17/84 s83 PART X Checkstations 109. When directed by a wild life officer, every person shall stop at a wild life checkstation and shall produce game licences, tags, badges, firearms, ammunition and wild life for inspection. 17/84 s84 Poison 110. Except with the written authorization of the minister or an agent of the minister, a person shall not take, kill or possess any wild life by means of poison or set, lay out, put, place, cause or permit to be set, laid out, put or placed any poison or poisonous ingredients that may endanger wild life. 229/88 s20 Hunting near dwellings, schools, etc. 111. (1) A person shall not discharge a firearm within 1,000 metres of a school, playground or athletic field or within 300 metres of a dwelling. (2) Every person who, while hunting, discharges or causes to be discharged or handles a firearm without exercising reasonable care for the safety of other persons, is guilty of an offence and is liable on conviction to a fine of not more than $500 or to imprisonment of a term of not more than 6 months, or both. (3) A person shall not hunt or discharge a firearm within 1,000 metres of a commercial wood cutting operation that has been clearly marked by signs stating "No Hunting". 17/84 s87; 229/88 s22 Non‑resident hunting 112. (1) In this section (a) "adjacent" means (i) in the case of a lake or pond, the lake or pond at which a co‑operative camp is located, and (ii) in the case of a river or stream, within 800 metres upstream or 800 metres downstream of a co‑operative camp; (b) "co‑operative camp" means a non‑commercial,
private club, (c) "direct relative" means a father, mother, sister, brother, son, daughter or in‑law who is a resident of the province; (d) "outfitter" means the owner or operator of a camp site, lodge, cabin and related facilities constructed solely for the purpose of and used solely as a base for outfitting operations for sports fishing or hunting and related commercial recreational activities that is licensed under the Tourist Establishments Regulations; and (e) "provincial highway" means a public highway maintained by the Department of Works, Services and Transportation and designated by a route number. (2) A non‑resident shall not hunt, take or kill big game in any part of the province without employing and being accompanied by a licensed guide. (3) A non‑resident shall not angle for salmon or trout in any inland water of the province without possessing a valid inland fishery licence or a valid family inland fishery licence. (4) Within the island portion of the province and
south of 52° north latitude in (5) North of 52° north latitude, a non‑resident shall not angle for any species of fish in any inland waters without engaging the services of an outfitter except that (a) a non‑resident who is the guest of a co‑operative camp may angle in the waters adjacent to those camps if accompanied by a licensed guide; (b) a non‑resident who is accompanied by a direct relative who is a resident may angle in any inland water north of 52° north latitude; and (c) in waters set out in Schedule I of the Fishery Regulations, a non‑resident licensed to fish for salmon may fish within 800 metres upstream and 800 metres downstream to a bridge on a provincial highway if accompanied by a licensed guide. (6) A non‑resident may angle in any inland water within 800 metres of a provincial highway, other than waters set out in Schedule I of the Fishery Regulations, without using the services of an outfitter or without being accompanied by a licensed guide or a direct relative. (7) When 2 or more non‑residents hunt or angle together, the number of guides shall not be less than one guide for each 2 non‑residents. (8) This section shall expire on 84/95 s1 Issue of permits 113. The minister or his or her agent may (a) issue a permit referred to in these regulations in the form and subject to those terms and conditions that he or she may consider appropriate; (b) refuse to issue such a permit; or (c) having issued a permit, cancel it when it is shown to his or her satisfaction that the person to whom it was issued has failed to comply with the terms and conditions of it. 17/84 s89 Orders by minister 114. Notwithstanding anything contained in these regulations, the minister may, by order, (a) close, alter or vary an open season prescribed in these regulations or in an order made under them; (b) prohibit the taking or killing of wild life in an area, or within a period or in a manner specified in the order, or generally; (c) exempt native persons living in the (d) prescribe reduced fees or increased bag limits or both for the hunting of moose in areas where the removal of animals may be necessary to prevent or remedy serious forest damage; or (e) prescribe bag limits which are not clearly prescribed and alter or vary bag limits which are prescribed by these regulations. 17/84 s90 Repeal 115. The Wild Life Regulations, 1984, Newfoundland Regulation 17/84, are repealed. Schedule A
Abbreviations: 17/84 Sch B Schedule B AMPHIBIAN
ARTHROPOD
BIRDS
COELENTERATE Nil CRUSTACEAN
FISH
OTHER
INVERTEBRATE
MAMMALS
MOLLUSK Nil REPTILES
17/84 Sch C (Includes
correction of August 15, 1997, p.965.) ©Earl G. Tucker, Queen's Printer |