PROVINCE OF BRITISH COLUMBIA

Transcription

1 ' PROVNCE OF BRTSH COLUMBA ORDER OF THE LEUTENANT GOVERNOR N COUNCL Order in Council No. 122, Approved and Ordered March 20, 2018 Executive Council Chambers, Victoria Lieutenant Governor On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective April 1, 2018, (a) section 10.1 () (a) of the Designation and Exemption Regulation, B.C. Reg. 168/90, is repealed, (b) the Hunting Regulation, B.C. Reg. 190/84, is amended as set out in the attached Schedule 1, (c) the Hunting Licensing Regulation; B.C. Reg. 8/99, is amended as set out in the attached Schedule 2, (d) the Permit Regulation, B.C. Reg. 253/2000, is amended as set out in the attached Schedule 3, (e) the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82, is amended as set out in the attached Schedule 4, (f) the Wildlife Act General Regulatipn, B.C. Reg. 340/82, is amended as set out in the attached Schedule 5. and (g) the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached Schedule 6. Minister of sts, Lands, Natural Resource Presiding Member of the Executive Council Operations and Rural Development (Tllis parr is for admi11istra1ive p11rpose.f u11ly a11d is 1101 pan of 1hr Order.) Authority under which Order is made: Act and section: Wildlife Act, R.S.B.C. 1996, c. 488, s. 108; Offence Act, R.S.B.C. 1996, c. 338, s. 132 Other: OCs 758/90; 1109/84; 35/99; 994/2000; 1489/82; 262/97 R page of6

2 SCHEDULE! 1 Sections 13.1 to 13.6 of the Hunting Regulation, B.C. Reg. 190/84, are repealed and the following substituted: Offence - protected wildlife A person commits an offence where the person takes or kills any of the following: (a) a grizzly bear less than 2 years old or a grizzly bear in the company of it; (b) a black bear less than 2 years old or a black bear in the company of it; (c) a white or blue (glacier) coloured black bear; (d) a cougar kitten or a cougar in the company of it; (e) a female mountain goat in the company of a kid or in a group that contains one or more kids; (f) a lynx in the company of one or more lynx; (g) a bobcat in the company of one or more bobcats. Section 16 is amended (a) in subsection (2) (b) by striking out 'tticenced guide" and substituting "guide outfitter", (b) in subsections (2) (b) and (2.2) (b) (i) by striking out "continuous season" and substituting "open season", and (c) in subsection (2.2) (b) by striking out "licensed guide" and substituting "guide outfitter''. SCHEDULE2 1 Sections 5 (1) (h) and 15 (e) of the Hunting licensing Regulation, B.C. Reg. 8199, are repealed. 2 Section 6 is amended by striking out "grizzly bear,''. 3 Section 23 is amended by striking out 'tticensed guide" wlrerever it appears and substituting "guide outfitter". 4 The Schedule is amended by repealing items 3 (f) and 4 ((>. SCHEDULE3 1 Section 6 (1) (c) of the Permit Regulation, B.C. Reg. 253/2000, is repealed and the following substituted: (c) a permit under section 2 (p) transferring a right of property in (i) antlers, or (ii) any of the following wildlife or parts of them: page2of6

3 (A) eagles; 2 Section 15 (1) is amended (B) migratory insectivorous birds or migratory nongame birds both as defined in the Convention appended to the Migratory Birds Convention Act, 1994 (Canada); (C) endangered species or threatened species; (D) grizzly bears, or. (a) in paragraph (b) by striking out "non-garnet' and substituting " nongame", and (b) in paragraph (g) by striking out 11 issued under section 2 (p) or (x) if the person has the permit in his or her possession". 3 Section 18 (1) is repeakd and thefouowing substituted: (1) A regional manager must not issue a permit under section 2 (y) in relation to wildlife or a part of wildlife unless (a) the applicant signs a statement, in the form specified by the director, that (i) a person acquired ownership of the wildlife or part under section 2 (2) or (3) of the Act, and (ii) the applicant owns the wildlife or part, and (b) in the case of a grizzly bear or a part of a grizzly bear, the applicant has a certificate, issued by an officer, (i) stating that the officer has inspected the grizzly bear or part, and (ii) setting out the opinion of the officer on whether the grizzly bear died before December l, SCHEDULE4 Sectiml 1.06 of the Wildlife Act Commercial Activities RegulaJion, B.C. Reg. 338/82, is anunded by repealing item (2) in Schedule Section2.01 is amended (a) by repealing subsections (0.1) and (2), and (b) by repealitrg subsection (1) (d) and substituting d ejolrowing: (d) the legal authority that the person claims to have to possess the wildlife or parts of them. 3 The jouowi11g section is added: Reports relating to grizzly bears (1) A taxidermist or tanner who receives a grizzly bear or a part of a grizzly bear must submit a report to the director within 10 days after receipt of the bear or part. page 3 of6

4 ., (2) A report under subsection (1) must include (a) the information set out in section 2.01 (1) (a) to (d), and (b) if the bear or part is acqt~ired from an individual, the address of the primary residence of the individual. (3) A person who contravenes subsection (1) commits an offence. 4 Section 2.08 is repealed and the following substituted: Bear parts prohibitions -general 2.08 ( 1) A person commits an offence by possessing any of the following parts of a bear: (a) a gall bladder or bile; (b) male genitalia separated from the carcass and the hide. (2) Despite subsection (1), a person who possesses a gall bladder or bile of a bear does not commit an offence under subsection (1) (a) if (a) the gall bladder is attached to the carcass, (b) the bile has not been extracted from the gall bladder, and (c) the person killed the bear no more than 48 hours previously and has not yet gutted the bear. (3) A person commits an offence by trafficking in any of the following parts of a bear: (a) a gall bladder or bile; (b) male genitalia separated from the carcass and the hide; (c) a paw separated from the carcass and the hide. S Section 3.07 (3) is amended by striking out "white or blue (Glacier) colour phases of the black bear" and substituting "white or blue (glacier) coloured black bears". SCHEDULES Division 12 of the Wildlife Act General Regulation, B.C. Reg. 340/82, is repealed and the following substituted: Definition DVSON 12 - RETREVAL OF WLDLFE KLLED n this Division, "main portion" means, Exemption - small game (a) in relation to big game, the edible meat of the four quarters, loins, neck and ribs, and (b) in relation to a game bird, the edible meat of both breasts. U.02 A person who hunts and kills small game, other than a game bird or a fur bearing animal, is exempt from section 35 (2) (b) of the Act in relation to the game killed. page4of6

5 Exemption -game taken for hide A person who hunts and kills game that is a fur bearing anirn!ll other than a black bear and removes the hide to any of the following is exempt from section 35 (2) (b) of the Act in relation to the game killed: (a) a dwelling place of the person; (b) a taxidermist, tanner, fur trader or the owner or operator of a cold storage plant. Exemption -game taken for food A person who h~nts and kills a game bird or big game and makes every reasonable effort to remove the main portions to any of the following is exempt from section 35 (2) (b) of the Act in relation to the game killed: Exemption -transfers of game (a) the person's normal dwelling place; (b) a meatcutter or the owner or operator of a cold storage plant A person who hunts and kills game and transfers the game killed to another person is exempt from section 35 (2) (b) of the Act in relation to the game killed if (a) the game is a fur bearing animal other than a black bear and the other person removes the hi(le to a dwelling place of the other person or to a person described in section (b) of this regulation, or (b) the other person makes every reasonable effort to remove the edible portions or, in the ~se of a game bird or big game, the main portions to the other person's normal dwelling place or to a person described in section (b) of this regulation. 2 Section (1) is amended (a) in paragraph (a) (ii) by striking out "or (2)", and (b) by repealing paragraphs (b) and (c) and srtbstituting the following: (c) the following sections of B.C. Reg. 190/84, the Hunting Regulation: (i) section 13.7; (ii) section 17 (1) (m). SCHEDULE6 1 Schedule 2 of the Violation Ticket Administratioll and Fines Regulation, B.C. Reg. 89/97, is amended pages of6

6 (a) under the heading "Hunting Regulation, B.C. Reg. 190/84" by adding the fouowi~g items as indicated: Victim Surcharge Ticketed Provision Contravention Fine Levy Amount section 13.7 (a) take or kill grizzly bear cub or accompanying grizzly bear $300 $45 $345 section 13.7 (b) take or kill black bear cub or accompanying black bear $300 $45 $345 section 13.7 (c) take or kill white or blue (glacier) coloured black bear $300 $45 $345 section 13.7 (d) take or kill cougar kitten or accompanying cougar $300 $45 $345 section 13.7 (e) take or kill female mountain goat with kid $300 $45 $345 section 13.7 (f) take or kill lynx in pair or group $300 $45 $345 section 13.7 (g) take or kill bobcat in pair or group $300 $45 $345 1 Provision (b) by repealing the heading "Umited Entry Hunting Regulation, B.C. Reg. 134/93" a11d the two items under it, and (c) under the heading "Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82" (i) by repealing tlze following items as indicated: 2 Contravention Vctim Surcharge Ticketed Fine levy Amount section 2.08 (1 ) section 2.08 {2) 1 Provision,and Unlawfully mport/possess bear parts mport/export bear paws (ii) by adding the following items as indicated: 2 Contravention $500 $500 $75 $575 $75 $ Vctim Surcharge Ticketed Fine Levy Amount section ( 1 ) section 2.08 (1) Failure to submit report Unlawfully possess bear parts $200 $500 $30 $230 $75 $575 page6of6