Wildlife Protection Regulation

Wildlife Protection Regulation, M.R. 85/2003 The Wildlife Act , C.C.S.M. c. W130 Regulation 85/2003 Registered April 30, 2003 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Conditions of transport 3 Documentation for transport 4 Notice to director 5 Exception for game production animal 6 Restrictions on cervids killed outside Manitoba 6.1 Attractant removal order 6.1.1 Attractant removal order re other land 6.2 Cervid attractant restriction 6.2.1 Ban on placing attractants along major highways 6.3 Powers of director — wildlife health surveillance 6.4 Required samples and information 6.5 Antler traps prohibited 6.6 Prohibition on damaging black bear dens 7 Consequential amendment Schedules A Diseases and Parasites B Wildlife Control Zones C Mandatory Testing Schedule DEFINITIONS Definitions 1 In this regulation, "Act" means The Wildlife Act ; («  Loi  ») "cervid" means any member of a species or subspecies of the deer family ( cervidae ); (« cervidé ») "deer" means (a) white-tailed deer ( Odocoileus virginianus ), or (b) mule deer ( Odocoileus hemionus ); (« cerf ») "department" means the department of government over which the minister presides and through which the Act is administered; (« ministère ») "director" means the person in the department with the title "Director of Wildlife Branch"; (« directeur ») "hazard" means a condition, situation, substance or thing that has the potential to cause harm to living things; (« danger ») "livestock" means livestock as defined in The Livestock and Livestock Products Act ; (« animal de ferme ») "processed" means tanned or otherwise treated or preserved by chemical means or made into a finished artifact or article of trade or art; (« traité ») "ungulate" means any hoofed mammal of the order perissodactyla or artiodactyla , other than domestic livestock such as cattle, horses, sheep, goats, pigs. (« ongulé ») M.R. 2/2006 ; 109/2012 ; 93/2022 TRANSPORTATION OF WILDLIFE Conditions of transport 2 A person who transports a live wild animal or live exotic wildlife in Manitoba must (a) ensure that the part of the vehicle in which the animal is transported is kept locked at all times during transit, except when it is unlocked to care for or attend to the animal; (b) ensure that no feed, bedding, water, or liquid or solid waste escapes from the vehicle while the animal is being transported; (c) use the most direct travel route to the intended destination; (d) not off-load the animal except at its intended destination, or at a veterinary clinic or a quarantine facility approved by the director; and (e) ensure that no feed, bedding, water, or liquid or solid waste from the vehicle in which the animal is transported is disposed of (i) in Manitoba, in the case of a person exporting an animal from Manitoba or transporting an animal through Manitoba to a destination elsewhere, or (ii) at any place in Manitoba except at the intended destination, in the case of a person importing an animal into Manitoba or transporting an animal between locations in Manitoba. Documentation for transport 3(1) A person must have the following documentation in his or her possession while transporting a live wild animal or live exotic wildlife in Manitoba: (a) in the case of a person transporting an animal between locations in Manitoba, a permit under the Act authorizing the person to possess the animal and written authorization from the director to transport the animal to the intended destination; (b) in the case of a person importing an animal into Manitoba, an import permit under the Act; (c) in the case of a person exporting an animal from Manitoba, an export permit under the Act; (d) in the case of a person transporting an animal through Manitoba to a destination elsewhere, (i) an export permit from the originating jurisdiction and an import permit from the jurisdiction to which the animal is being transported, or (ii) documentation that establishes that the animal is properly in his or her possession. Additional documentation for ungulates 3(2) In addition to the documents referred to in subsection (1), a person transporting a live ungulate into Manitoba, out of Manitoba, or through Manitoba to a destination elsewhere must have the proper Government of Canada movement permit in his or her possession at all times while transporting the ungulate. Notice to director 4 A person transporting a live wild animal or live exotic wildlife shall immediately notify the director if (a) the animal escapes while being transported; or (b) the animal is off-loaded at any place other than at its intended destination. Exception for game production animal 5 Sections 2, 3 and 4 do not apply to a person transporting a game production animal. RESTRICTIONS — CERVIDS Restrictions on cervids killed outside Manitoba 6(1) No person shall possess, import or attempt to import a cervid, or a part from a cervid, that has been killed outside Manitoba, unless the head, hide, hooves, mammary glands, entrails, internal organs and spinal column have been removed. Exception for specified territories 6(2) Subsection (1) does not apply in respect of a moose or caribou that is killed (a) in the part of Saskatchewan north of the 55th parallel of latitude and east of the 105th meridian of longitude; (b) in the part of Ontario north of the 51st parallel of latitude; or (c) in Nunavut or the Northwest Territories. Exception for scientific purposes 6(3) Subsection (1) does not apply in respect of a cervid or a part of a cervid that is imported by or on behalf of a government agency or department of another jurisdiction for the purpose of scientific examination by a veterinarian or recognized laboratory in Manitoba, if, from the time of entry into Manitoba until it arrives at its intended destination, it is sealed in a waterproof container from which no fluid, tissue or hair can escape. Exception for processed items 6(4) Subsection (1) does not apply to a person who possesses or imports (a) the antlers and the connecting bone plate from a cervid if, before entering Manitoba, they are (i) detached from the remainder of the skull and all hide and other tissue has been removed, and (ii) treated with a solution of not less than 2% chlorine; (b) an unprocessed hide or portion of a hide from a cervid if, before entering Manitoba, it is detached from the rest of the cervid and (i) no later than five days after entering Manitoba, it is delivered to a tanner or taxidermist to be processed, and (ii) from the time of entry into Manitoba until it arrives at its intended destination, it is stored in accordance with subsection (3); or (c) a cervid, or a part of a cervid, that is processed before entering Manitoba. Exception for item transported through Manitoba 6(5) A person who transports a cervid, or a part of a cervid, that (a) has been killed outside Manitoba in a place not referred to in subsection (2); and (b) has not been prepared in the manner specified in subsection (1); through Manitoba to a destination elsewhere must ensure that, while in Manitoba, the cervid, or the part from the cervid, is sealed in a waterproof container from which no fluid, tissue or hair can escape. Prohibition on items derived from cervids 6(6) Unless written authorization has been obtained from the director, no person shall possess a substance that contains the urine, feces, saliva or scent glands of a cervid. M.R. 162/2003 ; 2/2006 ; 109/2012 ATTRACTANTS AND ORDERS Attractant removal order 6.1(1) If an officer discovers any thing that may lure or attract wildlife or exotic wildlife and the officer believes on reasonable grounds that the presence of that thing creates or may create a risk to the health or safety of wildlife, exotic wildlife, livestock, the safety of a person or may result in damage to property, the officer may make a written order requiring the owner or occupant of the land on which the thing is located to take the action set out in the order within the time period specified in the order. 6.1(2) An order under subsection (1) may require the owner or occupant of the land to do one or more of the following: (a) construct a fence or other barrier that will effectively prevent wildlife or exotic wildlife from coming into contact with the items specified in the order; (b) remove the items specified in the order to a specific location; (c) cease placing the items specified in the order in the locations specified in the order. 6.1(3) An order under subsection (1) may be served on the owner or occupant of the land by (a) personal service; (b) leaving a copy of the order with an adult person on the land with respect to which the order was made; or (c) posting a copy of the order in a conspicuous place on the land with respect to which the order was made, if reasonable efforts have been made to serve the order under clause (a) or (b). 6.1(4) No person shall fail to comply with an order made under subsection (1). M.R. 162/2003 ; 2/2006 Attractant removal order re other land 6.1.1(1) If an officer has reasonable grounds to believe that (a) a person has placed anything on land that the person does not own or occupy that may lure or attract wildlife or exotic wildlife; and (b) the presence of that thing creates or may create a risk to the health or safety of wildlife, exotic wildlife, livestock, the safety of a person or may result in damage to property; the officer may make a written order requiring the person placing the lure or attractant to take the actions set out in the order within the time period specified in the order. 6.1.1(2) An order under subsection (1) may require the person named in the order to do one or both of the following: (a) remove the items specified in the order to a specific location; (b) cease placing the items specified in the order on the land in question. 6.1.1(3) An order under subsection (1) may be served on the person named in the order (a) by personal service; or (b) if reasonable attempts to serve the order personally have been made, by sending a copy to the person by registered or certified mail or by another service that provides the sender with confirmation of delivery. 6.1.1(4) No person shall fail to comply with an order made under subsection (1). M.R. 62/2010 Cervid attractant restriction 6.2 No person shall place any thing or substance in game hunting area 5, 6, 6A, 11, 12, 13, 13A, 18, 18A, 18B, 18C, 23, 23A or 27 or the portion of game hunting area 22 west of Provincial Trunk Highway 83 for the purpose of luring or attracting cervids without first obtaining written permission from an officer. M.R. 162/2003 ; 2/2006 ; 130/2009 Ban on placing attractants along major highways 6.2.1(1) No person shall place anything that may lure or attract wildlife or exotic wildlife on the road allowance of a provincial road or provincial trunk highway. 6.2.1(2) In this section, "provincial road" , "provincial trunk highway" and "road allowance" have the same meaning as in The Transportation Infrastructure Act . M.R. 120/2015 ; 10/2019 WILDLIFE HEALTH AND GENETIC INTEGRITY Powers of director — wildlife health surveillance 6.3(1) If it is required to determine or ensure the health and genetic integrity of wildlife and exotic wildlife populations or to ensure compliance with the Act and regulations, the director may (a) order tests on live wildlife or exotic wildlife; (b) order post-mortem tests on dead wildlife or exotic wildlife; (c) approve methods for testing on wildlife or exotic wildlife; (d) require that any person, government department or agency, municipality or other entity disclose to the director information about (i) wildlife or exotic wildlife, (ii) a wildlife or exotic wildlife farm, or (iii) livestock kept in close proximity to wildlife or exotic wildlife or a wildlife or exotic wildlife farm; or (e) disclose information collected under clause (d) to any person or entity that the director determines is necessary or advisable including to a government department or agency, the government of another jurisdiction or a municipality. Test results and personal information included 6.3(2) The information collected or disclosed under clauses (1)⁠(d) and (e) may include test results and personal information about the owner of wildlife or exotic wildlife, a wildlife or exotic wildlife farm or livestock. Powers of director — diseases and control zones 6.3(3) The director may designate (a) a disease or parasite to be a threat to the health of a wildlife or exotic wildlife population; and (b) any area of the province to be a wildlife or exotic wildlife control zone for one or more of the following purposes: (i) to monitor the health of a wildlife or exotic wildlife population, (ii) to reduce a wildlife or exotic wildlife population, (iii) to limit the transmission of disease or parasites within a wildlife or exotic wildlife population or between wildlife or exotic wildlife populations, (iv) to eradicate a threat to the health or genetic integrity of a wildlife or exotic wildlife population. Diseases and parasites designated 6.3(4) The diseases and parasites listed in Schedule A are designated under clause 3(a). Control zones designated 6.3(5) The wildlife or exotic wildlife control zones listed in Schedule B are designated under clause 3(b). Powers of director — hazard 6.3(6) If the director believes on reasonable grounds that a hazard exists or could exist with respect to wildlife or exotic wildlife, he or she may do one or more of the following: (a) order the cessation of movement of the wildlife or exotic wildlife; (b) authorize one or more persons to take, test, analyze, evaluate and store samples from free-ranging or capitive herds of the wildlife or exotic wildlife; (c) order that any wildlife or exotic wildlife whether living or dead, or any attractant be (i) seized and detained, (ii) quarantined, or (iii) destroyed. Mandatory testing 6.3(7) The owner of every animal or type of animal set out in Schedule C that is held under the authority of a permit issued under the Act or the regulations must have the animal tested in accordance with that Schedule. Mandatory reporting 6.3(8) If the result of a test conducted under subsection (7) is positive, the owner of the animal tested must immediately report the result to the director. The owner must report all other test results within the time limit set and communicated by the director. M.R. 2/2006 Required samples and information 6.4(1) A person who kills a deer in game hunting area 5, 6, 6A, 11, 12, 13, 13A, 18, 18A, 18B, 18C, 22, 23, 23A, 27, 28, 29, 29A, 30, 31, 31A, 32, 33, 35 or 35A must deliver (a) the complete head and upper neck of the deer; or (b) the medial retropharyngeal lymph nodes with the complete lower jaw of the deer; to an officer or another person designated by the minister within seven days after the deer was killed. 6.4(2) A person who kills an elk in game hunting area 13, 13A, 18, 18A, 18B, 18C, 23, 23A, 29, 29A, 30 or 31A must deliver (a) the complete head and upper neck of the elk; or (b) the obex and complete lower jaw of the elk; to an officer or another person designated by the minister within seven days after the elk was killed. 6.4(3) When a person who kills a deer or an elk delivers the parts of the animal as required under subsection (1) or (2), they must also provide the following information at the same time that the parts are delivered: (a) their name, address and telephone number; (b) the hunting licence number under authority of which the deer or elk was killed, if applicable; (c) the specific location where the deer or elk was killed; (d) the sex and estimated age of the deer or elk; (e) the date and time the deer or elk was killed. M.R. 109/2012 ; 59/2018 ; 93/2022 ; 111/2023 Antler traps prohibited 6.5 No person shall place, erect or set a device, contrivance or other thing that is designed to catch, entangle or hold the antlers of a live deer, elk, moose or caribou and pull, sever or otherwise cause the removal of the antlers. M.R. 109/2012 PROTECTING BLACK BEAR DENS Prohibition on damaging black bear dens 6.6 Unless authorized in writing by the director, no person shall damage or destroy a black bear den. M.R. 120/2015 Consequential amendment 7 Section 5.1 of The General Hunting Regulation , M.R. 351/87 is repealed. SCHEDULE A (Subsection 6.3(4)) DISEASES AND PARASITES 1. Bovine Tuberculosis (Bovine TB) 2. Chronic Wasting Disease (CWD) 3. Parelaphostrongylus tenuis 4. Elaphostrongylus cervi. M.R. 2/2006 SCHEDULE B (Subsection 6.3(5)) WILDLIFE CONTROL ZONES WILDLIFE CONTROL ZONES DISEASES Eradication Zones Game hunting areas 23 and 23A Bovine Tuberculosis (Bovine TB) Surveillance Zones Game hunting areas 13A, 18, 18A, 18B and 18C Bovine Tuberculosis (Bovine TB) Game hunting areas 5, 6, 6A, 11, 12, 13, 13A, 18, 18A, 18C, 22 (West of PTH 83), 23, 23A, 27, and those portions south of PTH 3 or within the first two townships north of the United States border of 28, 29, 29A, 31, 31A, 33, 35 and 35A Chronic Wasting Disease (CWD) SCHEDULE C (Subsection 6.3(7)) MANDATORY TESTING SCHEDULE ANIMAL TYPE DISEASE OR PARASITE TESTING PERIOD All cervids Bovine Tuberculosis Every three years Parelaphostrongylus tenuis Every three years Reindeer Elaphostrongylus cervi Every three years