Moose Conservation Closure Regulation

Moose Conservation Closure Regulation, M.R. 122/2011 The Wildlife Act , C.C.S.M. c. W130 Regulation 122/2011 Registered July 25, 2011 bilingual version (HTML) WHEREAS the Supreme Court of Canada has recognized that the proper management and conservation of wildlife resources is a valid objective of government and is consistent with aboriginal beliefs and practices and with the enhancement of aboriginal rights; AND WHEREAS a temporary closure to hunting and trapping moose in certain areas of the province is necessary to conserve the species and sustain its ongoing viability; THEREFORE the Minister of Conservation enacts the following: Definitions 1 The following definitions apply in this regulation. "department" means the department of government over which the minister presides. (« ministère ») "director" means the person in the department with the title "Director of Wildlife and Fisheries Branch". (« directeur ») "game hunting area" means a game hunting area designated under the Hunting Areas and Zones Regulation , Manitoba Regulation 220/86. (« zone de chasse au gibier ») "moose" means Alces alces . (« orignal ») M.R. 211/2014 ; 170/2017 Purpose 2 The purpose of this regulation is to conserve and protect certain populations of moose that are at immediate risk by providing an immediate hunting and trapping closure in those areas where it is necessary for the conservation of the moose population. Application 3 This regulation applies to all persons, including those persons who may exercise aboriginal rights or treaty rights or rights under paragraph 13 of the Memorandum of Agreement set out in The Manitoba Natural Resources Transfer Act . M.R. 211/2014 Prohibition 4(1) Except as permitted under sections 4.1, 4.3 and 4.4, no person shall hunt or trap a moose in game hunting area 12, 13, 13A, 14, 14A, 18, 18A, 18B, 18C, 21, 21A (excluding Black Island), 29 and 29A or any land in game hunting area 26 that is located within the boundary line shown on Plan No. 20481 filed in the Winnipeg office of the Director of Surveys designated under The Surveys Act . 4(2) No person shall possess a moose or any part of a moose that was killed in an area set out in subsection (1) after the hunting or trapping of moose in that area was prohibited under subsection (1), unless the moose was killed under the authority of an authorization issued under section 4.1 or 4.3 or a licence issued under section 4.4. 4(3) It is intended that the prohibitions under this regulation will continue until it has been determined based on the best available information, including information from First Nations and other aboriginal peoples, that the sustainable hunting and trapping of the moose population in the affected areas is possible. M.R. 13/2012 ; 211/2014 ; 170/2015 ; 170/2017 ; 150/2018 ; 125/2019 ; 126/2022 Moose hunt authorization 4.1(1) The director may issue a written authorization to one or more aboriginal communities, groups or organizations to conduct a moose hunt in an area in subsection 4(1) for cultural, ceremonial or traditional purposes. 4.1(2) A moose hunt authorization may be issued only if the director determines that the moose population in the area in question has recovered to the point where the holding of a limited moose hunt will not pose a threat to the viability of the moose population. 4.1(3) A moose hunt authorization must specify the manner in which the hunt is to be conducted, including (a) the area where hunting may occur; (b) the period when the hunt may be conducted; (c) the number and type of moose that may be killed; (d) the names of the persons who are authorized to participate in the hunt; and (e) any other requirements that the director considers appropriate. 4.1(4) A person named as an authorized participant in a moose hunt authorization may hunt a moose in the area specified in the authorization if he or she complies with all requirements set out in the authorization respecting the manner in which the hunt is to be conducted. M.R. 170/2017 Limited moose harvest 4.2(1) A limited harvest of up to 60 moose may take place in game hunting areas 13, 13A, 18, 18A, 18B and 18C in the fall if the best available information indicates that the moose population in those areas has recovered to the point where such a harvest will not pose a threat to the viability of the population. 4.2(2) The limited moose harvest is to occur under the authority of (a) limited aboriginal community moose hunt authorizations issued under section 4.3; and (b) limited moose hunt licences issued under section 4.4. M.R. 125/2019 ; 82/2020 ; 56/2021 ; 126/2022 Limited aboriginal community moose hunt authorization 4.3(1) The director may issue limited aboriginal community moose hunt authorizations that permit the persons named in the authorization to collectively hunt and kill one male moose during the period that begins on the last Monday of October and ends on the second Monday in December in (a) game hunting areas 13 and 13A; or (b) game hunting areas 18, 18A, 18B and 18C. 4.3(2) The director may impose terms and conditions on an authorization respecting the manner in which the hunt is to be conducted, including requiring a game tag provided with the authorization to be affixed to the moose killed under the authorization. 4.3(3) The director is to distribute the authorizations to aboriginal communities that were significantly affected by the temporary moose hunting closure, or to organizations that represent such aboriginal communities. 4.3(4) An aboriginal community or organization that receives an authorization from the director may allocate the authorization to such persons as it deems appropriate. The name of each person authorized to hunt under the authorization must be written on the authorization when it is allocated. 4.3(5) A person who is hunting moose under authority of an authorization must comply with all terms and conditions set out in the authorization respecting the manner in which the moose hunt is to be conducted. M.R. 125/2019 ; 82/2020 ; 56/2021 ; 126/2022 Limited moose hunt licence 4.4(1) The director may, by draw, issue no more than 5 licences that authorize two Manitoba residents named in each licence to collectively hunt and kill one male moose using a centrefire rifle in a specified area within game hunting areas 13, 13A, 18, 18A, 18B and 18C during the period that begins on the last Monday in November and ends on the first Sunday in December. 4.4(2) A limited moose hunt licence is deemed to be a Manitoba resident conservation moose licence. Holders of a limited moose hunt licence are required to comply with all applicable requirements and prohibitions that apply to a Manitoba resident conservation moose licence, including requirements respecting the affixing of a game tag on the moose killed under authority of the licence. M.R. 125/2019 ; 82/2020 ; 56/2021 ; 126/2022 ; 8/2024 Notice of authorizations and licences 4.5 Within six months after the end of the year, the director must publish the number of authorizations issued under sections 4.1 and 4.3 and the number of licences issued under section 4.4 in the year on the department website. M.R. 126/2022 Notice 5 The director must give notice of the moose hunting and trapping closure by one or more of the following methods: (a) posting the notice in at least two places in the area or in the vicinity of the area affected by the closure; (b) broadcasting the notice over a radio or television station that broadcasts in the area or in the vicinity of the area affected by the closure; and (c) publishing the notice in one or more of the following publications: (i) a newspaper that is circulated in the area or the vicinity of the area affected by the closure, (ii) the Manitoba Hunting Guide published annually by the department, (iii) on the department's Internet site. M.R. 56/2021