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CONSOLIDATED Wild Life Regulations
Amended by: 56/96 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
PART I
PART II
PART III
PART IV
PART V
PART V.1
PART V.2
PART VI
PART VII
PART VII.1
DESIGNATED ADULTS
PART VIII
PART IX
Short title 1. These regulations may be cited as the Wild Life Regulations . Definitions 2. In these regulations (a) "Act" means the Wild Life Act ; (a.1) "angler with a disability" means a person who holds a valid inland fishery licence, a river specific inland fishery licence or a valid family inland fishery licence and has a disability affecting angling activities;
(a.2)
"artificial fly" means an artificial fly as defined in the Newfoundland and Labrador Fishery Regulations
( (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 an order made under these regulations 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; (d.01) "cohabiting partner" means either of 2 persons who have cohabited in a conjugal relationship outside of marriage for at least one year;
(d.1)
"conservation licence" means a one week, one tag licence as prescribed by the minister; (d.2) "designated angler" means a person who holds a valid inland fishery licence, river specific inland fishery licence or a valid family inland fishery licence and is specified by an angler with a disability to angle and retain a species of fish that the angler with a disability is permitted by law to catch and retain, but does not include a person who is prohibited by the court from holding an inland fishery licence; (d.3) "designated hunter" means a person who has completed a hunter training course or program recognized by the minister and is specified by a hunter with a disability to shoot and retrieve a big game animal of the kind and sex named on the licence of the hunter with a disability, but does not include a person who is prohibited by the court from possessing a firearm or holding a big game licence; (d.4) "disability affecting angling activities" means a permanent impairment or other permanent medical condition which, in the opinion of a health care provider, restricts a person's ability to perform the activities of angling, including accessing a place from which to angle, retaining and releasing fish; (d.5) "disability affecting hunting activities" means a permanent impairment or other permanent medical condition which, in the opinion of a health care provider, restricts a person's ability to perform the activities of hunting, including shooting and retrieving a big game animal; (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 ; (g.1) "fur farm" means a fur farm as defined in the Fur Farming Regulations made under the Animal Health and Protection Act ; (h) "game" includes big game, small game, fur bearing animals, coyote and porcupine; (i) "game licence" means a licence to hunt, take or kill any game by shooting or snaring as specified in the licence or in an order made under these regulations respecting the hunting of the particular species; (i.1) "health care provider" means a person licensed as a medical practitioner under the Medical Act, 2011 , as a nurse practitioner under the Registered Nurses Act, 2008 or as a practitioner under the Optometry Act, 2012 ; (i.2) "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); (j) "hunt", "take", "kill" or "trap" includes an attempt to hunt, take, kill or trap; (j.1) "hunter with a disability" means a person who holds a valid big game licence issued by the minister and has a disability affecting hunting activities;
(k)
"inland waters" means all the inland waters defined as such in the Newfoundland and Labrador Fishery Regulations
( (k.1) "legally blind" means a permanent impairment or other permanent medical condition in which a person, in the opinion of a health care provider, (i) has no better than 20/200 vision, that is, the person, with the best possible correction can see less at 6 metres than a person with normal vision can see at 61 metres, or
(ii)
has a maximum diameter of field of vision in both eyes of less than 20°; (k.2) "licensed fur farm" means a fur farm for which a licence has been issued and is in force under the Animal Health and Protection Act and the Fur Farming Regulations made under that Act; (l) "licensed guide" means the holder of a guide's licence issued to the holder and valid under the Guides Regulations, 1998 ; (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 an order made under these regulations respecting the hunting or trapping of the species concerned; (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 and Labrador 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; (o.01) "prepared meal" means a meal that is either cooked or prepared in another manner that does not require further preparation before it can be consumed;
(o.1)
[Rep. by NLR 101/15 s1]
(o.2)
[Rep. by NLR 101/15 s1] (p) "ptarmigan" includes rock or barren or willow ptarmigan, commonly called partridge;
(p.1)
"river specific inland fishery licence" means an inland fishery licence issued by the minister for an area designated under section 4.1; (p.2) "service animal" means a service animal as defined in the Service Animal Act ; (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, snowshoe hares, arctic hares, porcupines and red squirrel; (r.1) "spouse" means either of 2 persons who are married to each other; (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; (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; and (w) "youth" means a person who is under the age of 18. 17/84 s2; 229/88 s1; 230/94 s1; 79/97 s1; 96/99 s1; 2001 c42 s45; 32/04 s1; 89/04 s1; 39/05 s1; 17/10 s1; 44/12 s1; 101/15 s1; 94/17 s2; 69/22 s1; 59/23 s1 Application - fur farms 2.1 (1) These regulations do not apply to a fur bearing animal that is maintained or kept in captivity on a licensed fur farm, or the pelt or other parts of that animal. (2) Notwithstanding subsection (1), these regulations apply to a fur bearing animal that escapes or is released from a licensed fur farm, or the pelt or other parts of that animal. (3) Notwithstanding subsection (1), these regulations apply to a wild fur bearing animal that was not previously maintained or kept in captivity on a licensed fur farm and is captured in the province and subsequently maintained or kept in captivity on a licensed fur farm, or the pelt or other parts of that animal. Application - circuses 2.2 (1) These regulations do not apply to an animal that is maintained or kept in captivity in a circus. (2) Notwithstanding subsection (1), sections 82, 83 and 84 apply to an animal that is maintained or kept in captivity in a circus. (3) Notwithstanding subsection (1), these regulations apply to an animal that escapes or is released from a circus. (4) For the purpose of this section, (a) "circus" means a mobile place in which animals held and exhibited are made to perform behaviours at the direction of a human handler or trainer for the entertainment or education of members of the public and excludes a dog show, a horse show and a livestock fair; and (b) "place" includes commercial or private premises, land, a container, vehicle, vessel or aircraft. 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. (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 the person’s 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. 17/84 s3; 153/94 s1; 17/10 s2; 94/17 s3; 59/23 s2 Open season for salmon
3.1
A person shall not angle for salmon except during the open season prescribed under these regulations or the Newfoundland and Labrador Fishery Regulations
( Salmon limits 3.2. (1) The minister may, by order, prescribe limits respecting the number of salmon a person may hook and retain and the number of salmon a person may hook and release. (2) An order made under subsection (1) may be made to apply to the whole of the province or to a part or parts of it that may be specified in the order. (3) A person shall not hook and retain or hook and release more salmon than the limit specified in an order made under subsection (1). Salmon tags 4. (1) 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. (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. 229/88 s2; 39/05 s2 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. Conservation licence
4.2
The minister may issue a conservation licence in addition to other licences referred to in this Part for the summer angling season. 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. Multiple licences
5.1
Notwithstanding section 5, a person may apply for, be issued with or hold one river specific inland fishery licence in any season for each area designated by the minister under section 4.1 together with another licence issued under this Part. 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 Newfoundland and Labrador Fishery Regulations
( unless the person is the holder of a valid inland fishery licence or a valid family inland fishery licence or a river specific inland fishery licence. (2) [Rep. by NLR 39/05 s4] (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 a tag issued with the licence 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; 39/05 s4; 17/10 s4; 59/23 s3 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), the person’s inland fishery licence shall be cancelled immediately and the person 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. 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. (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. (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; 17/10 s5 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 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. 229/88 s2; 17/10 s6 Angler with a disability
8.1
(1) An angler with a disability may specify one designated angler to angle and retain the species set out in the licence of the angler with a disability, in the area permitted and within the bag limits set by law. (2) A designated angler shall (a) keep within 100 metres of the angler with a disability, except when in pursuit of a fish that has been hooked for the angler with a disability; (b) possess the licence and tags of the angler with a disability at all times while angling for that angler with a disability; and (c) immediately affix and lock a tag to a salmon caught for the angler with a disability in the manner described in subsection 6(3). (3) Where a designated angler retains and tags a salmon, the angler with a disability shall immediately take possession of and retain the salmon. 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 Fall Season
9.1
The fall fishing season as prescribed shall be a separate angling season and shall require a separate licence. 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 the licence; and (d) surrender the licence together with the return to the Inland Fish and Wild Life Division of the Department of Environment and Conservation. Licences 10. (1) The minister may, upon application by any person, issue to that person (a) a trapper's licence to take or kill fur bearing animals except beaver; (b) a live fur bearing animal export licence to export from the province live fur bearing animals; (c) a fur exporter's licence to export from the province the skins or pelts of fur bearing animals; (d) a fur dealer's store licence to engage in the business of buying the skins or pelts of fur bearing animals upon premises specified in that licence; (e) a travelling fur dealer's licence to engage in the business of buying the skins or pelts of fur bearing animals at any place other than upon premises in respect of which the minister decides that a fur dealer's store licence is required; (f) a trapper's beaver licence to take or kill beaver; or (g) a beaver trapline licence to take or kill beaver. (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) [Rep by 94/17 s4] (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; 44/12 s3; 1; 94/17 s4 Fur dealer's store licence 11. A fur dealer's store licence authorizes the purchase of the skins or pelts of fur bearing animals by any person upon the premises specified in that licence and not elsewhere. Travelling fur dealer's licence 12. A travelling fur dealer's licence authorizes the purchase of the skins or pelts of fur bearing animals at any place other than upon any premises in respect of which a fur dealer's store licence is required under these regulations. 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 fur bearing animal as a specimen, gift or trophy or for scientific or other purposes, not for sale or profit. Hunting and trapping 14. (1) A person shall not hunt, trap, take or kill any fur bearing 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 fur bearing animals in any area frequented by wild life except during the open seasons prescribed in an order made under these regulations. (3) A person shall not hunt, take or kill a fur bearing 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 fur bearing animals that are alive in traps or snares. (4) Notwithstanding subsection (3),
(a)
the hunting, taking and killing of fur bearing animals by means of firearms is permitted in the (b) the hunting, taking and killing of coyote, fox and lynx, by the holder of a trapper’s licence using a center-fire rifle not greater than .225 calibre or a shotgun using shot size 2 or larger is permitted on the Island portion of the province. 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. Open season by order 16. The minister may, by order, prescribe an open season in respect of the fur bearing 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. Bag limits
16.1
A person shall not take or kill in any open season more fur bearing animals than the quantity specified in an order made under these regulations. Prohibited activities 17. A person other than the holder of a licence issued and valid under these regulations shall not (a) trap, take or kill fur bearing animals; (b) [Rep. by 44/12 s4] (c) [Rep. by 44/12 s4] (d) export or attempt to export from the province any live fur bearing animals; (e) export or attempt to export from the province the skins or pelts of any fur bearing animals; (f) engage in the business of buying the skins or pelts of any fur bearing animals; (g) possess in areas frequented by wild life any trap, snare or other device commonly used to take fur bearing animals; or (h) purchase any fur bearing animal or the skin or pelt of any fur bearing animal from any person who is not the holder of a trapper's licence. Licences 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 fur bearing animal unless the holder has the licence on the holder's person. Poison 19. The holder of a trapper's licence shall not be in possession of poison or poisonous ingredients while trapping. Fur farms 20. The owner or operator of a licensed fur farm or custodian of a fur bearing animal on a licensed fur farm shall not feed or cause to be fed the meat of any game animal to fur bearing animals maintained or kept in captivity on the licensed fur farm except under a permit from the minister. Export of animals 21. A person, on the person’s 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 fur bearing animal unless a live fur bearing animal export licence, issued and valid under these regulations, is produced to cover the shipment. 17/84 s14; 59/23 s8 Export of pelts 22. A person, on the person’s 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 fur bearing animal except in pursuance and by virtue of a permit issued by the minister. 17/84 s15; 59/23 s9 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 fur bearing animal in respect of which a live fur bearing animal export licence has not been issued by the minister. 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 fur bearing animals taken by the holder 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 fur bearing 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 ceases to be a resident of the province shall make that return before leaving the province. 17/84 s17; 59/23 s10 Beaver licence 25. The minister may 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; 94/17 s8 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 possess, 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; 59/23 s11 Beaver Management Area 27. (1) This section applies to the trapping of beaver in any area designated as a Beaver Management Area in an order for beaver trapping and for the purpose of this section, "order" means an order made under these regulations. (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 the application shall submit evidence as to the length of time the applicant has trapped and in the application shall describe as accurately as possible the area in which the applicant 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 holder 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, the minister may divide that area into 2 or more traplines as the minister may consider appropriate. (6) Where, in the opinion of the minister, the trapline does not produce sufficient animals for one trapper, the minister may amalgamate 2 or more trapline areas into one as the minister 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 possess any beaver in any trapline area but where the holder is unable to carry out the holder's trapline operations because of illness or other reasons, the minister may, upon application of the holder, authorize another party to take or possess beaver in or over the trapline area on behalf of the holder. (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 the holder. (10) The holder of a beaver trapline licence shall not hunt, trap or take beaver outside the trapline area assigned to the holder. (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 the holder’s 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 the minister 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 that licence for the following year shall on or before October 15 apply for renewal of the 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 the licence and the right to the trapline area covered by that licence and the forfeited licence may be granted to another applicant. (15) The minister may, where the minister considers it necessary for conservation purposes, prohibit the holder of a beaver trapline licence from trapping over the area assigned to the holder 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 the holder 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 the minister’s 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; 94/17 s9; 59/23 s12 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 the holder 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; 59/23 s13 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 the person in accordance with a valid trapper's beaver licence or a beaver trapline licence issued to that person 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; 59/23 s14 Unsealed or unmarked pelts 30. A fur dealer or buyer shall not have any unsealed or unmarked beaver pelts in the fur dealer's or buyer's possession. 17/84 s23; 59/23 s15 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. 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. 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. 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 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 big game by shooting. (1.1) The minister may, upon application by a person who applies for a licence under subsection (1) to take black bear by shooting, issue to that person a trapper's licence to take black bear by trapping. (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 issued under subsections (1), (1.1) 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 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) Subsection (5) does not prevent the holder of either of the licences referred to in subsection (5) 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 the possession of that person until the person 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 the holder has the licence and seals or tags issued with that licence on the holder’s person. (14) The persons who are named in a licence to shoot big game 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 94/17 s10; 69/22 s2; 59/23 s16 Age limit 36. (1) A person under 16 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 16 years of age on August 31 in the year to which the licence relates. 17/84 s29; 229/88 s8; 94/17 s11 Rep by 94/17 s12 36.1 [Rep by 94/17, s12] Hunter with a disability 36.2 (1) The minister may, upon application from a person who has a disability affecting hunting activities, issue a big game licence under section 35.
(2)
A hunter with a disability (a) who is legally blind shall; or (b) who is not legally blind may specify one designated hunter to shoot and retrieve the type and sex of big game animal named on the licence of the hunter with a disability. (3) A designated hunter shall, at all times while hunting for a hunter with a disability,
(a)
keep the hunter with a disability within sight or keep within 800 metres of the hunter with a disability; and (b) possess the licence and tags of the hunter with a disability. (4) Notwithstanding paragraph (3)(a), a designated hunter is not required to keep the hunter with a disability within sight or keep within 800 metres of the hunter with a disability when that designated hunter is in pursuit of an animal that the designated hunter has injured.
(5)
A person may not be specified as a designated hunter more than once in a season. 96/99 s2; 101/15 s4; 94/17 s13; 59/23 s17 Licences required by hunters 37. (1) A person who is not the holder of a big game licence issued to the person and valid under these regulations shall not hunt, take or kill any big game. (2) Except as provided for in subsection 35(12) or paragraph 36.2(3)(b), 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. (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; 96/99 s3; 94/17 s14; 59/23 s18 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. 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 the person’s 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; 59/23 s19 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. 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. (3) Notwithstanding subsections (1) and (2), where moose are considered by the minister to be a nuisance or menace and written permission of the minister or the minister’s agent is obtained under section 88, a person may use an artificial light or device referenced in subsection (1) and may shoot or kill moose during the period referenced in subsection (2). 17/84 s35; 50/20 s1; 59/23 s20 Traps 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) Notwithstanding subsection (1), a person may hunt, take or kill a black bear by trapping where that person (a) holds (i) a valid big game licence under this Part to take black bear by shooting, and
(ii)
a valid trapper's licence under this Part to take black bear by trapping; or
(b)
is authorized to do so by the minister or the minister's agent. 17/84 s36; 86/88 s3; 94/17 s15; 69/22 s3 Rep. by NLR 20/06 s1 44. [Rep. by NLR 20/06 s1] Traffic in big game 45. (1) Subject to subsections (4) to (7) and sections 46, 52, 58, 68 and 81.4, a person shall not (a) sell, purchase, offer to sell or purchase or otherwise traffic in a big game animal or parts of a big game animal; or (b) have possession of a big game animal or parts of a big game animal. (1.1) Paragraph (1)(b) shall not apply to (a) the holder of a big game licence where the big game animal has been taken in accordance with these regulations; (b) a person who has been specified as a designated hunter by a hunter with a disability where the big game animal has been taken in accordance with these regulations;
(c)
a person who gratuitously receives from the holder of a big game licence or from a registered food bank a big game animal or parts of it taken in accordance with these regulations; (d) the possession of a big game animal or parts of it that is being donated to a registered food bank in accordance with these regulations; (e) the sale, purchase or possession of a big game animal or parts of it that has been imported for commercial purposes under authority of a permit to import; or (f) 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, shall be obtained from the minister 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, shall be obtained from the minister or an agent of the minister for collection and sale under subsection (7). (9) Craft manufacturers purchasing big game animal parts shall obtain a permit to purchase moose and caribou animals parts, containing the conditions of purchase, authorized by the minister or an agent of the minister. 229/88 s12; 230/94 ss2&3; 96/99 s4; 101/15 s5; 94/17 s15; 59/23 s21 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. 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. 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. 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. 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. 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. 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. Expiration of licence 53. A wholesale caribou meat licence shall expire on December 31 in each year. 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. 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. 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. 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. 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. Expiration of licence 59. A retail caribou meat licence shall expire on December 31 in each year. 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. 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. 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. 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. Rep. by 59/23 s22 64. [Rep. by 59/23 s22] Proof of sex 65. (1) 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. (2) Subsection (1) includes a hunter with a disability notwithstanding the fact that a designated hunter has performed the actual killing of the moose or caribou. 17/84 s40; 96/99 s5; 101/15 s6 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 the wild life officer’s duties. 17/84 s41; 59/23 s23 Rep. by 10/17 s1 67. [Rep. by 10/17 s1] 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. 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. (6) In this section, a person who has killed game includes a hunter with a disability who specifies a designated hunter under these regulations. 17/84 s44; 96/99 s6; 101/15 s7 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 the 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 the 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. (4) In this section, a holder of a big game licence includes a hunter with a disability. 17/84 s45; 229/88 s13; 96/99 s7; 101/15 s8; 59/23 s24 Small game licences 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 snowshoe hares and arctic hares by shooting or snaring; (d) to take or kill showshoe hares and arctic hares by snaring; or (e) to take or kill red squirrel by shooting. 17/84 s46; 94/17 s17; 69/22 s4 Age limit 72. (1) A person under 12 years of age and a person on behalf of a person under 12 years of age shall not apply for a small game licence to take or kill (a) wild birds that are permitted to be hunted by shooting under the authority of a permit issued under the Migratory Birds Convention Act, 1994 (Canada); (b) ptarmigan, spruce grouse and ruffed grouse by shooting or snaring; or (c) red squirrel by shooting. (2) A person under 12 years of age or a person on behalf of a person under 12 years of age may apply for and be issued a small game licence to take or kill ptarmigan, spruce grouse and ruffed grouse by snaring. (3) A person under 12 years of age or a person on behalf of a person under 12 years of age may apply for and be issued a small game licence to take or kill snowshoe 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 12 years of age or to a person on behalf of a person under 12 years of age. (5) Where a small game licence is issued to a person under 12 years of age it shall be clearly marked "not valid for shooting". 17/84 s47; 94/17 s18; 69/22 s5; 59/23 s25 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. 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 birds which may be hunted, taken or killed by the holder of a migratory game bird hunting permit. (2) A person shall not hunt wild birds permitted to be hunted under the authority of a permit issued under the Migratory Birds Convention Act, 1994 (Canada) unless that person is the holder of a Canada Migratory Game Bird Hunting Permit issued under the authority of the Migratory Birds Regulations (Canada). (3) A holder of a small game licence shall not hunt, take or kill any small game unless the holder has the licence on the holder's person. 17/84 s49; 229/88 s14; 94/17 s19; 59/23 s26 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, 1994
( (3) [Rep. by NLR 20/06 s2] 17/84 s50; 229/88 s15; 20/06 s2; 94/17 s20 Rep.by 59/23 s27 76. [Rep. by 59/23 s27] Rep.by 59/23 s28 77. [Rep. by 59/23 s28] 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 the wild life officer’s duties. 17/84 s53; 59/23 s29 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. Bag limits 80. A person shall not take or kill in any open season more small game than the quantity specified in an order made under these regulations. 17/84 s55; 94/17 s21 Raptors 81. (1) A person shall not hunt, take, kill or possess an eagle, falcon, hawk, osprey or owl of any species. (2) A person shall not sell, purchase or offer to sell or purchase any eagle, falcon, hawk, osprey or owl of any species. (3) Notwithstanding subsections (1) and (2), the minister or the minister’s agent may issue a permit to authorize the possession of raptors. 17/84 s56; 59/23 s30 Coyote licence 81.1 (1) The minister may, upon application by a person 12 years of age and over, issue to that person a coyote licence to take coyote by shooting. (2) The holder of a coyote licence may hunt, take or kill coyote with a centre-fire rifle not greater than .225 calibre or a shotgun using shot size 2 or larger. (3) The minister may make the licence subject to those terms and conditions that the minister may determine. (4) The holder of a coyote licence may sell the whole or any part of a coyote taken under that licence. Open season 81.2 (1) The minister may, by order, prescribe an open season for coyote and that order may be made to apply to the whole of the province or to a part of the province that may be specified in the order. (2) The minister may, by order, set a limit on the number of coyote that may be taken during an open season. Prohibition 81.3 (1) Unless otherwise permitted in these regulations or in an order made under them, a person who does not hold a valid coyote licence shall not hunt, take or kill coyote. (2) A holder of a coyote licence shall not hunt, take or kill coyote unless the holder has the licence on the holder's person. (3) [Rep. by NLR 20/06 s3] 32/04 s2; 20/06 s3; 94/17 s23; 59/23 s31 PART V.2 Sale of game 81.4 (1) The minister may issue a wild meat service licence authorizing the owner or operator of a tourist accommodation registered under the Tourist Accommodations Act or a person licensed under the Food and Drugs Act (Canada) to (a) purchase big game and small game, except migratory birds, from the holder of a permit to sell big game and small game, during the open season and for 7 days after the open season; and (b) serve meat of that game to customers. (2) The holder of a big game licence may obtain a permit from a wild life officer to sell big game to any holder of a wild meat service licence during the open season and for 7 days after the open season. (3) The holder of a small game licence may obtain a permit from a wild life officer to sell small game, except migratory birds, to any holder of a wild meat service licence during the open season and for 7 days after the open season.
(4)
A person shall not sell, purchase or offer to sell or purchase any migratory bird. (5) A wild meat service licence shall expire on August 31 in each year. (6) 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 following information: (a) the name and address of the sellers; (b) the purchases made during the month; (c) the quantities served during the month; and (d) the stock on hand at the end of the month. (7) The holder of a wild meat service licence shall produce the records referred to in subsection (6) when requested to do so by a wild life officer. (8) The holder of a wild meat service licence shall not sell, serve or offer to sell or serve big game meat or small game meat except in the form of prepared meals. Permission to serve game 81.5 Notwithstanding anything contained in these regulations, the minister or the minister's agent may by written permission authorize any religious, charitable or educational organization to serve big game meat or small game meat in the form of prepared meals, for which a charge is made, where the big game or small game (a) has been taken by the organization in accordance with these regulations; or (b) has been donated by a licence holder to the organization. Traffic in ptarmigan 81.6 Subject to sections 81.4 and 81.5, a person shall not sell, purchase or offer to sell or purchase any ptarmigan and an owner or occupier of a restaurant, boarding house, roadhouse, tavern, lunch counter or tourist accommodation as defined by the Tourist Accommodations Act shall not serve ptarmigan or cause or permit ptarmigan to be served. Donation of game 81.7 (1) The minister may issue a donated game licence to a registered food bank authorizing the registered food bank to (a) receive from a licence holder, during the open season and up to and including the date immediately before the start of the next open season, (i) big game meat, that has been prepared by a licensed butcher, and (ii) small game meat, except migratory birds; and
(b)
provide the meat referred to in paragraph (a) without charge to customers of the registered food bank. (2) A licence holder may donate meat referred to in paragraph (1)(a) to any holder of a donated game licence during the open season and up to and including the date immediately before the start of the next open season. (3) A donated game licence shall expire on August 31 in each year. (4) A registered food bank that has been issued a donated game licence shall keep records and make a return to the Wild Life Division at the end of each month recording the following information: (a) the name and address of the licence holders who donated meat in accordance with this section; (b) the amount of donations received during the month; (c) the quantities distributed during the month; and (d) the stock on hand at the end of the month. (5) A registered food bank that has been issued a donated game licence shall produce the records referred to in subsection (4) when requested to do so by a wild life officer. 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. Possession of live captive fur bearing animals 82.1 (1) Notwithstanding subsection 2.1(1), every person in possession or control of a live fur bearing animal that has been born or bred in captivity and is to be maintained or kept in captivity on a licensed fur farm shall, immediately upon coming into that possession or control, apply in writing to the minister for a permit to keep the live fur bearing animal in captivity. (2) This section does not apply to Mustela vison (mink), Vulpes vulpes (Coloured fox) or Alopex lagopus (Blue (Arctic) Fox) but does apply to a hybrid of one or both of those species. 44/12 s6; 17/94 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. Import of captive fur bearing animals 83.1 (1) Notwithstanding subsection 2.1(1), except with the prior written permission of the minister, a person shall not (a) import or bring into the province; or
(b)
bring into the island portion of the province from a fur bearing animal that has been born or bred in captivity and is to be maintained or kept in captivity on a licensed fur farm. (2) A person shall not have possession of a fur bearing animal that has been born or bred in captivity and is maintained or kept in captivity on a licensed fur farm, which has been imported into the province or has been brought into the island portion of the province from Labrador without the prior written permission of the minister. (3) This section does not apply to Mustela vison (mink), Vulpes vulpes (Coloured fox) or Alopex lagopus (Blue (Arctic) Fox) but does apply to a hybrid of one or both of those species. 44/12 s7;17/94 s1 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 Labrador or propagated from stock brought from Release of animals from fur farm prohibited 84.1 Notwithstanding subsection 2.1(1), a person shall not release or permit the escape of, or attempt to release or permit the escape of, a fur bearing animal that is maintained or kept in captivity on a licensed fur farm. 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 the minister’s agent. 17/84 s60; 59/23 s33 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 the minister’s agent. 17/84 s61; 59/23 s34 Special circumstances 86.1 (1) Notwithstanding anything contained in these regulations, the minister or an agent of the minister may issue a permit authorizing a person to hunt, angle for, take, capture or kill wild life where the minister or agent of the minister is satisfied that (a) special circumstances exist; and (b) the hunting, angling for, taking, capturing or killing of wild life does not pose a threat to species conservation or wild life management. (2) For the purposes of subsection (1), "special circumstances" include activities, not otherwise licensed or permitted under these regulations, which (a) are undertaken for an educational purpose; or (b) promote the province. (3) Notwithstanding anything contained in these regulations, the minister or an agent of the minister may, in a permit issued under subsection (1), prescribe terms and conditions respecting (a) the area of the province in which wild life may be hunted, angled for, taken, captured or killed; (b) the time period during which wild life may be hunted, angled for, taken, captured or killed; (c) the species of wild life that may be hunted, angled for, taken, captured or killed; (d) the methods by which wild life may be hunted, angled for, taken, captured or killed; (e) the requirement, if any, for hunting, angling, trapping or firearm safety courses or programs; and (f) the requirement, if any, to be accompanied by a licensed guide. (4) A person who is issued a permit under subsection (1) shall pay the fee set by the minister. Exception 87. Notwithstanding anything contained in these regulations, the minister or the minister's agent 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; 59/23 s35 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 the minister’s agent. 17/84 s63; 59/23 s36 Closed season except by order 89. In relation to any wild life species that is not named in an order made under these regulations, there is no open season. 17/84 s64; 94/17 s24 Traffic in wild life 90. A person shall not sell, purchase, offer to sell or purchase or otherwise traffic in or have possession or control of any wild life taken contrary to these regulations. 17/84 s65; 59/23 s37 Complimentary licences 91. The minister may issue game and fishing licences, tags and seals free of charge to the Lieutenant-Governor, the Premier, former premiers and distinguished visitors to the province. Training requirements 91.1 (1) A licence shall not be issued to a person, including a person who has a disability affecting hunting activities, to hunt, take or kill an animal (a) by trapping unless the person has completed, where required by the minister, a trapping education course or program; and (b) by shooting or with a firearm unless the person has completed, where required by the minister, (i) a hunting education course or program, and (ii) a firearm safety course or program. (2) Notwithstanding paragraph (1)(b), a person who is legally blind may be exempted from the standard testing in a hunting education or firearm safety course or program which requires vision to perform if the person provides a certificate from a health care provider certifying that the person is legally blind. Consent required
91.2
(1)
A licence that permits a youth to use a firearm shall not be issued to a youth without the written consent of a parent or a person who has custody of the youth where
(a)
the youth is under 16 years of age and the licence is a trapper's licence issued under Part II or III;
(b)
the youth is under 18 years of age and the licence is a big game licence issued under Part IV;
(c)
the youth is under 16 years of age and the licence is a small game licence issued under Part V; and
(d)
the youth is under 16 years of age and the licence is a coyote licence issued under Part V.1.
(2)
The minister may prescribe the form in which written consent under this section is provided. (3) A youth or a designated adult accompanying and supervising the youth shall carry the written consent required under subsection (1) while carrying, transporting, possessing or using firearms in any place frequented by wild life.
(4)
A youth under 16 years of age who is hunting under the authority of a permit issued under the Migratory Birds Convention Act, 1994
( 17/84 s66; 94/17 s25; 94/17 s26 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 the person’s 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; 59/23 s40 Fees 94. Subject to sections 91 and 92, the fees payable for various licences shall be as prescribed by the minister. Licence issuers
95.
(1) A person who, on behalf of the minister, issues a hunting or fishing licence for which a fee is charged may, in addition to that fee, charge the applicant an amount set by the minister to compensate the person for the time taken to issue the licence.
(2)
A person to whom subsection (1) applies shall also issue hunting and fishing licences for which no fee is charged but shall not charge the applicant an amount as compensation for the time taken to issue the licence. Issue of licence prohibited 96. A person shall not issue a hunting licence to a person under the ages specified in these regulations. 17/84 s71; 94/17 s27 Production of licences 97. (1) When requested or required to do so by a wild life officer, a person shall not refuse or neglect to produce or permit the examination of (a) game licences and tags; (b) permissions, consents and other documentation required to be carried under these regulations; (c) firearms and ammunition; and (d) wild life. (2) A holder of a game licence, tag, permission, consent or other documentation issued or required under these regulations shall not permit it to be used by another person. (3) Subsection (2) does not apply to a hunter with a disability who has specified a designated hunter to hunt for that hunter with a disability under a valid big game licence. 17/84 s72; 96/99 s8; 101/15 s9; 94/17 s28; 59/23 s41 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. Persons under prohibition 99. (1) A person shall not apply for a big game licence during the period during which the person 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 the person 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; 59/23 s42 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. 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 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. (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. (4) In this section, "transfer" does not include the possession of a licence of a hunter with a disability by a designated hunter as required by subsection 36.2(3). PART VII.1 Designated adult required 101.1 (1) A designated adult shall accompany and supervise a youth while the youth is hunting, taking or killing an animal by shooting (a) under a trapper's licence issued under Part II or III and the youth is 12 years of age or over but under 16 years of age; (b) under a big game licence issued under Part IV and the youth is 16 years of age or over but under 18 years of age; (c) under a small game licence issued under Part V and the youth is 12 years of age or over but under 16 years of age; (d) under a coyote licence issued under Part V.1 and the youth is 12 years of age or over but under 16 years of age; and
(e)
under the authority of a permit issued under the Migratory Birds Convention Act, 1994
( (2) While accompanying and supervising a youth, a designated adult shall, at all times, (a) remain within arm's length of the youth; and (b) be able to take control of the firearm if necessary. (3) A designated adult shall not accompany and supervise more than 2 youths at one time. Injured animals 101.2 (1) Notwithstanding the requirement under these regulations to hold a valid licence in order to hunt, take or kill an animal by shooting or with a firearm, a designated adult may shoot an animal that has been injured by a youth hunting under a valid licence for the purpose of assisting the youth. (2) Notwithstanding paragraph 101.1(2)(a), a designated adult assisting a youth under subsection (1) shall keep the youth within sight at all times. (3) Notwithstanding paragraph 101.1(2)(a), a designated adult is not required to keep the youth within sight at all times where the designated adult is pursuing an animal that has been injured by the youth. Designated adults generally 101.3 (1) A person shall not be a designated adult unless (a) the person is over the age of 18 years; (b) the person is not prohibited from carrying, transporting, possessing or using a firearm or from being a designated adult; (c) the person is eligible for the same type of licence under which the youth is hunting, taking or killing an animal by shooting; and (d) where the person is not a parent of the youth or does not have custody of the youth, the person has been designated by a parent or person with custody of the youth to accompany and supervise the youth while the youth is hunting, taking or killing an animal by shooting. (2) A designated adult shall carry evidence of eligibility under paragraph (1)(c) while accompanying and supervising a youth. (3) A designation under paragraph (1)(d) shall be in writing and signed by a parent or person in custody of the youth. (4) A designated adult or the youth that the designated adult is accompanying and supervising shall carry the designation required under this section while the youth is hunting, taking or killing an animal by shooting. Offences 101.4 (1) A designated adult who contravenes a requirement or obligation imposed on the designated adult under this Part is guilty of an offence and liable on summary conviction (a) for a first offence to a fine of not less than $300 nor more than $500 and in default of payment to imprisonment for a period not exceeding 6 months; (b) for a second offence that occurs within 3 years of the first conviction to a fine of not less than $300 nor more than $500 and in default of payment to imprisonment for a period not exceeding 6 months; and (c) for a subsequent offence that occurs within 3 years of the previous convictions to a fine of $500 and in default of payment to imprisonment for a period not exceeding 6 months.
(2)
Where a person is convicted of an offence under paragraph (1)(b), the (3) Where a person is convicted of an offence under paragraph (1)(c), the Provincial Court judge shall, in addition to another penalty imposed for the offence, make an order prohibiting the person from (a) being a designated adult under these regulations for a period of 5 years from the date of conviction; and (b) holding a trapper's licence issued under Part II or Part IV, a big game licence issued under Part IV or a small game licence issued under Part V for 5 years from the date of conviction. (4) A person is guilty of an offence who, during a period of prohibition under subsection (2) or (3), accompanies or supervises a youth as a designated adult, applies for a licence, obtains a licence or makes a false statement for the purpose of obtaining a licence. 17/84 s76; 229/88 s18; 96/99 s9; 39/05 s7; 17/10 s7; 101/15 s10; 94/17 s30; 69/22 s6; 59/23 s44 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. Exception
103.
Notwithstanding section 102, the minister or the minister’s agent may issue a permit
(a)
to individuals or organizations participating in dog field trials or dog field training; or (b) to a hunter with a disability who requires the use of a service animal that is a dog, subject to any conditions that may be included in the permit. 96/99 s10; 101/15 s11; 59/23 s45 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 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 the person 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; 94/17 s31; 59/23 s46 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. 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 the person by the minister or the minister’s 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 the person 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) [Rep. by NLR 20/06 s4] (3) A person shall not during any closed season for big game carry, transport or possess
(a)
a rifle or single bullet;
(b)
a rifled slug that can be fired from a shot gun; or
(c)
a ball that can be fired from a muzzle loader, in any place known to be frequented by wild life, except a person during the prescribed open seasons may hunt small game with a rim-fire rifle not greater than .22 calibre or coyote with a centre-fire rifle not greater than .225 calibre. (4) A person other than the holder of a valid game licence issued to the person 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 the minister’s agent. (4.1) Notwithstanding subsection (4), a person who is legally blind shall not carry, transport, possess or use a firearm for the purpose of hunting. (4.2) A person shall carry an outdoor identification card or other identification recognized by the minister while the person is carrying, transporting, possessing or using a firearm under the authority of a valid licence in any place frequented by wild life. (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)
a rifle or single bullet;
(b)
a rifled slug that can be fired from a shotgun; or
(c)
a ball that can be fired from a muzzle loader, in any place known to be frequented by wild life within a management area other than the management area in which the big game licence is valid, except a person may, during the prescribed open seasons, hunt small game with a rim-fire rifle not greater than .22 calibre or coyote with a centre-fire rifle not greater than .225 calibre. (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 12 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 the minister’s agent. (10.1) A person under the age of 18 years shall be accompanied and supervised by a designated adult where required under Part VII.1 while carrying, transporting, possessing or using firearms in any place frequented by wild life. (11) A person shall not hunt, take or kill wild life with fully automatic rifle. (12) Rep. by NR 82/99 s1 (13) The holder of a trapper's licence may carry, transport, possess and use a rim-fire rifle not greater than .22 calibre to kill fur bearing animals that are alive in traps. (14) A person shall not hunt, take or kill any big game by means of a rifle smaller than .243 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 the minister’s 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 the minister’s 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 or if an arrow is loaded in a long bow, compound bow or cross bow. (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) [Rep. by 50/20 s2] 17/84 s82; 275/90 ss1-3; 58/99 s1; 82/99 s1; 96/99 s11; 32/04 s3; 20/06 s4; 101/15 s12; 94/17 s32; 50/20 s2; 59/23 s47 Hunting bows and arrows 108. (1) [Rep. by 50/20 s3] (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. (3.1) A person shall not hunt, take or kill any small game or big game by means of a cross bow and arrow unless the cross bow has at least 68 kilograms pull at peak draw. (4) A person shall not hunt, take or kill any big game by means of a long bow, compound bow or cross bow as provided in subsections (2), (3) and (3.1) 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, compound bow or cross bow as provided in subsections (3.1), (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; 50/20 s3 Checkstations
109.
When directed by a wild life officer, every person shall stop at a wild life checkstation and shall produce the following for inspection:
(a)
game licences and tags;
(b)
permissions, consents and other documentation required to be carried under these regulations;
(c)
firearms and ammunition; and
(d)
wild life. 17/84 s84; 94/17 s34 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. 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". Non-resident hunting
111.1
(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 or a cottage 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 or a cottage;
(b)
"co-operative camp" means a non-commercial, private club,
(b.1)
"cottage" means a cabin, cottage, country home, vacation home or other similar structure which is not a primary residence and which is owned by a resident of the province but does not include a co-operative camp or a property owned by a corporate person; (c) "direct relative" means a parent, grandparent, sibling, child, grandchild 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 registered under the Tourist Accommodations Act;
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 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.
(4)
Within the island portion of the province and south of 52° north latitude in Labrador, a non-resident shall not angle in any waters set out in Schedule I of the Newfoundland and Labrador Fishery Regulations
(
(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 Newfoundland and Labrador Fishery Regulations
(
(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 Newfoundland and Labrador Fishery Regulations
(
(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)
Notwithstanding subsection (5), north of 52
°
north latitude, a non-resident who is a paying guest of a tourist accommodation registered under the Tourist Accommodations Act
may angle for fish in inland waters provided that the non-resident (a) returns to that tourist accommodation each night;
(b)
utilizes the services of a licensed guide; and
(c)
does not fish within 2 kilometres, or a distance which the minister may establish, of an existing licensed outfitter camp site, lodge, cabin and related facilities.
(9) Notwithstanding subsection (5), a non-resident who is a guest of a resident of the province at a cottage located in Labrador may angle for fish in inland waters provided that (a) the non-resident fishes in waters adjacent to that cottage; (b) the non-resident is accompanied by a licensed guide; and (c) a fee is not charged and remuneration is not paid for the guide service or for lodging, accommodations or meals at that cottage. 61/98 s1; 59/00 s1; 39/05 s8; 17/10 s8; 2020 T-6.1 s15; 59/23 s48 Rep. by NLR 39/05 s9 112. [Rep. by NLR 39/05 s9] Issue of permits 113. The minister or the minister’s agent may (a) issue a permit referred to in these regulations in the form and subject to those terms and conditions that the minister may consider appropriate; (b) refuse to issue such a permit; or (c) having issued a permit, cancel it when it is shown to the minister’s satisfaction that the person to whom it was issued has failed to comply with the terms and conditions of it. 17/84 s89; 59/23 s49 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. Rep. by 94/17 s36 114.1 [Rep. by 94/17 s36] 17/84 s90; 94/17 s35; 94/17 s36 Repeal
115.
The Wild Life Regulations, 1984, Newfoundland Regulation 17/84, are repealed.
Schedule A
Abbreviations:
Schedule B AMPHIBIAN
ARTHROPOD
BIRDS
COELENTERATE Nil CRUSTACEAN
FISH
OTHER INVERTEBRATE
MAMMALS
MOLLUSK Nil REPTILES
Schedule C - Rep. by NLR 39/05 s10 ©Queen's Printer |