Wildlife Conservation Act General Regulations

t WILDLIFE CONSERVATION ACT GENERAL REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to September 1, 2019. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca General Regulations Section 1 WILDLIFE CONSERVATION ACT CHAPTER W-4.1 GENERAL REGULATIONS Pursuant to subsection 25(2) and section 28 of the Wildlife Conservation Act R.S.P.E.I. 1988, Cap. W-4.1, Council made the following regulations: 1. Definitions (1) In these regulations, (a) “Act” means the Wildlife Conservation Act R.S.P.E.I. 1988, Cap. W-4.1; (b) “wild animal” means wildlife, wild mammals, birds, reptiles, amphibians and fish and includes the carcass or any part of the carcass of a wild animal, including the skin of any wild animal, domestically raised fur-bearing animal, wild fowl or wild bird. wildlife (2) In addition to the definition of wildlife stated in clause 1(1)(jj) of the Act, “wildlife” means the wild organisms listed by the Atlantic Canadian Conservation Data Centre for Prince Edward Island and also includes exotic wildlife. (EC533/19) Taking or Hunting Out of Season 2. Prohibition (1) No person shall take or hunt a wild animal at a time other than a prescribed open season for that wild animal. Exceptions (2) Subsection (1) does not apply to a person who takes or hunts a wild animal at a time other than a prescribed open season for that wild animal if the person is authorized to do so by a permit issued to that person under the Act. (EC533/19) Vehicles 3. Prohibition (1) No person shall use any air, land or water vehicle to chase, pursue, worry, molest, take, hunt or kill any wildlife. c t Current to: September 1, 2019 Page 3 Section 4 General Regulations Exception - permit under Act (2) Subsection (1) does not apply to the chase, pursuit, taking, hunting or killing of any wildlife in respect of which the Minister has issued a permit authorizing the activity under section 10 of the Act. (EC533/19) Application for Permit 4. Application for permit (1) An applicant for a permit under section 10 of the Act shall (a) provide the applicant’s full name and home address; (b) provide the civic address or property identification number of the location where the permitted activity will take place; (c) specify the wild animal that is the subject of the permit; (d) state the purpose for which the applicant intends to take or hunt the specified wild animal; and (e) state the proposed method of taking or hunting the specified wild animal. Additional information (2) An applicant for a permit referred to in subsection (3) shall also provide with the application (a) if the applicant proposes to hunt the wild animal, the applicant’s hunter safety certificate number; or (b) if the applicant proposes to trap the wild animal, the applicant’s trapper registration number. License or permit not required (3) A license or permit is not required to take or hunt any of the following at any time: (a) Norway rat; (b) house mouse; (c) meadow vole; (d) red-backed vole; (e) European starling; (f) rock pigeon. No fee (4) There is no application fee for a permit under section 10 of the Act. (EC533/19) Harmful Substances 5. Prohibition – depositing substance (1) No person shall deposit a substance that is harmful to wildlife, or permit such a substance to be deposited, in an area frequented by wildlife or in a place from which the substance may enter an area frequented by wildlife. Substance in combination (2) No person shall deposit a substance or permit a substance to be deposited in an area frequented by wildlife or in a place from which it may enter an area frequented by wildlife if Page 4 Current to: September 1, 2019 t c General Regulations Section 6 the substance, in combination with one or more substances, results in a substance that is harmful to wildlife. Exception (3) Subsections (1) and (2) do not apply if (a) the deposit of the substance is authorized under the Pesticides Control Act R.S.P.E.I. 1988, Cap. P-4; or (b) the substance is of a type and quantity, and the deposit is made under conditions, authorized under an Act other than the Pesticides Control Act or authorized by the Minister for scientific purposes. (EC533/19) Export and Import Permits 6. Application for permit (1) No person shall export from the province by any means (a) a wild animal or any part of a wild animal; or (b) a package containing any wild animal, except under the authority of a valid and subsisting wildlife export permit issued by the Minister that is attached to or contained with the item or items being shipped or sent. Application export permit (2) A person may apply to the Minister in the form approved by the Minister for an export permit in accordance with this section. Requirements for application (3) An applicant for an export permit shall provide the following information: (a) the person’s name, address and contact information; (b) whether the wildlife that is the subject of the export permit was legally harvested, salvaged or obtained from a domestic fur farm; (c) the reason for exporting the wildlife; (d) the destination of the exported wildlife. Issuance of permit (4) The Minister may, if the Minister is satisfied that the application meets the requirements of this section, issue to an applicant (a) a general wildlife export permit that authorizes the applicant to export any wild animal; or (b) a ranched fur export permit that authorizes an applicant to export domestically raised fur-bearing animals only. Refusal (5) If the Minister refuses to issue a permit to an applicant, the Minister shall provide written reasons for the refusal to the applicant. Exception (6) Notwithstanding subsection (1), a copy of a hunting license attached to a wild animal or package containing a wild animal is deemed to be a wildlife export permit that authorizes the c t Current to: September 1, 2019 Page 5 Section 7 General Regulations hunter to export from the province a wild animal or any part of a wild animal lawfully taken by the license holder in the province. Conditions (7) The Minister may attach any conditions to a wildlife export permit that the Minister considers appropriate. Subject to federal Act (8) A wildlife export permit issued under this section is authority to remove wildlife from the province subject to the provisions of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (Canada) S.C. 1992, c. 52. No fee (9) There is no application fee for a wildlife export permit. (EC533/19) 7. Prohibition (1) No person shall import wildlife except under the authority of a valid and subsisting wildlife import permit. Wildlife import permit (2) A person may apply to the Minister, in the form approved by the Minister, for a wildlife import permit that authorizes the person to import wildlife. Required information (3) An applicant for a wildlife import permit shall provide the following information: (a) the person’s name, address and contact information; (b) whether the wildlife that is the subject of the import permit was legally harvested or captured, salvaged or obtained from another source; (c) the destination of the imported wildlife. Additional information (4) A person who applies for a wildlife import permit to import exotic wildlife shall indicate in the application, in addition to the information required under subsection (2), (a) the purpose for which the wildlife is to be imported; (b) the species, number and sex of the wildlife to be imported; and (c) the period for which the permit will be required. Refusal (5) If the Minister refuses to issue a permit to an applicant, the Minister shall provide written reasons for the refusal to the applicant. Conditions (6) The Minister may attach any conditions to a wildlife import permit that the Minister considers appropriate. Exemption (7) A person is exempt from the requirements of this section if the wildlife being imported was lawfully hunted by the person under the laws of another jurisdiction. Page 6 Current to: September 1, 2019 t c General Regulations Section 8 No fee (8) There is no application fee for a wildlife import permit. (EC533/19) Wildlife Control Operators 8. Wildlife control operator’s permit (1) The Minister may issue a wildlife control operator’s permit to an applicant if the Minister is satisfied that the applicant has (a) submitted an application on the form approved by the Minister that includes the information specified in subsection (2); (b) provided proof that the person is 18 years of age or older; (c) provided proof that the person possesses a valid and subsisting trapping license issued under the Act; and (d) not been convicted of a contravention of the Act or the regulations under the Act, or an Act that is substantially similar to the Act anywhere in Canada, or had the person’s trapping license revoked under the provisions of the Act, within the three- year period immediately prior to the date on which the application is submitted. Required information (2) An applicant for a wildlife control operator’s permit shall provide proof satisfactory to the Minister that the applicant (a) is knowledgeable in humane wildlife dispatch methods, wildlife handling, trapping standards and firearm safety; (b) proposes to use humane dispatch methods that are acceptable to the Minister; and (c) possesses all the required licenses, permits and certifications to employ the humane dispatch methods referred to in clause (b). Written reasons refusal (3) Where the Minister refuses to issue a wildlife control operator’s permit to an applicant, the Minister shall provide written reasons for the refusal to the applicant. Prohibition (4) No person, unless otherwise authorized by the Minister, shall engage in the business of providing wildlife control services on the property of another person without first obtaining a wildlife control operator’s permit. No fee (5) There is no application fee for a wildlife control operator’s permit. (EC533/19) 9. Expiration date A wildlife control operator’s permit expires on March 31 of the year following the date of issue unless otherwise authorized by the Minister. (EC533/19) 10. Scope of permit (1) A wildlife control operator’s permit authorizes the permit holder to control, including by taking or hunting, only the following species or groups of species: (a) striped skunk; c t Current to: September 1, 2019 Page 7 Section 11 General Regulations (b) raccoon; (c) red squirrel; (d) crows. Exception (2) Notwithstanding subsection (1), the Minister may authorize the holder of a wildlife control operator’s permit to control other species not listed in that subsection at specified times and under the conditions the Minister considers appropriate or necessary. Suspension (3) The Minister may suspend the control of certain species or prohibit certain wildlife control activities when the Minister considers it necessary for the protection of human health or the health of wildlife or domestic animals. Notice (4) The Minister shall notify any affected wildlife control operator of a suspension under subsection (3). (EC533/19) 11. Requirements A wildlife control operator shall (a) immediately report a captured animal showing symptoms of disease to a conservation officer or natural resource inspector; (b) not release a diseased wild animal after capture without the expressed permission of a conservation officer or natural resource inspector; (c) not keep, tame, use for propagation purposes, sell, offer for sale, trade, or barter live wild animals taken under the provisions of a wildlife control operator’s permit; (d) not capture, handle, or harass any provincially or federally listed endangered species; and (e) not hold a wild animal in captivity for purposes of release or disposal for more than 24 hours. (EC533/19) 12. Annual report (1) A wildlife control operator shall file an annual report with the Minister at the end of each calendar year listing (a) the species of wildlife controlled; (b) the number of individual animals controlled; (c) the disposition of wild animals; and (d) any other information the Minister may require. Records (2) A wildlife control operator shall establish and maintain records on a monthly basis respecting the matters listed in clauses (1)(a) to (c) and shall make the records available for inspection by a conservation officer or natural resource inspector at any reasonable time. Other legislation (3) A wildlife control operator’s permit does not exempt the holder from the obligation to comply with the provisions of any other applicable provincial or federal legislation or an applicable municipal bylaw. (EC533/19) Page 8 Current to: September 1, 2019 t c General Regulations Section 13 13. Designated species (1) The species listed in the Schedule to these regulations are designated for the purposes of clause 19(1)(a) of the Act. Schedule adopted (2) The Schedule to these regulations is hereby adopted and forms part of these regulations. (EC533/19) 14. Revocation Wildlife Conservation Act Regulations (EC676/98) and the Fish and Game Protection Act General Regulations (EC818/66) are revoked. (EC533/19) c t Current to: September 1, 2019 Page 9 SCHEDULE General Regulations Designated Species SCHEDULE Designated Species The following are designated species for the purposes of clause 19(1)(a) of the Act: Common Name 1. Blue-spotted Salamander 2. Spotted Salamander 3. Eastern Red-backed Salamander 4. Red-spotted Newt (Eastern newt) 5. American Toad 6. Eastern American Toad 7. Spring Peeper 8. Green Frog 9. Pickerel Frog 10. Northern Leopard Frog 11. Wood Frog 12. Double-crested Cormorant 13. Great Cormorant 14. Turkey Vulture 15. Black Vulture 16. Cooper’s Hawk 17. Northern Goshawk 18. Sharp-shinned Hawk 19. Golden Eagle 20. Red-tailed Hawk 21. Rough-legged Hawk 22. Red-shouldered Hawk 23. Broad-winged Hawk 24. Swainson’s Hawk 25. Northern Harrier 26. Bald Eagle 27. Osprey 28. Merlin 29. Peregrine Falcon - anatum/tundrius 30. Gyrfalcon 31. American Kestrel 32. Wild turkey 33. Ruffed Grouse 34. Spruce Grouse 35. Gray Partridge 36. Ring-necked Pheasant 37. Sharp-Tailed Grouse 38. Rock Pigeon 39. Barn Owl (Eastern pop.) 40. Northern Saw-whet Owl 41. Boreal Owl 42. Short-eared Owl 43. Long-eared Owl c t Current to: September 1, 2019 Page 11 SCHEDULE Designated Species General Regulations 44. Snowy Owl 45. Great Horned Owl 46. Eastern Screech-Owl 47. Great Gray Owl 48. Barred Owl 49. Northern Hawk Owl 50. Belted Kingfisher 51. American Crow 52. Common Raven 53. Blue Jay 54. Gray Jay 55. European Starling 56. Red-winged Blackbird 57. Rusty Blackbird 58. Brewer’s Blackbird 59. Common Grackle 60. Yellow-headed Blackbird 61. Rainbow Trout 62. Atlantic Salmon 63. Brown Trout 64. Arctic Char 65. Brook Trout 66. Northern Short-tailed Shrew 67. Cinereus Shrew 68. Smoky Shrew 69. American Pygmy Shrew 70. American Water Shrew 71. Big Brown Bat 72. Eastern Red Bat 73. Hoary Bat 74. Little Brown Myotis 75. Northern Long-eared Myotis 76. Silver-haired Bat 77. Snowshoe Hare 78. Northern Flying Squirrel 79. Eastern Chipmunk 80. Red Squirrel 81. American Beaver 82. Meadow Vole 83. House Mouse 84. Southern Red-backed Vole 85. Common Muskrat 86. North American Deermouse 87. Norway Rat 88. Woodland Jumping Mouse 89. Meadow Jumping Mouse 90. Eastern Coyote 91. Gray Wolf Page 12 Current to: September 1, 2019 t c SCHEDULE General Regulations Designated Species 92. Red Fox 93. American Black Bear 94. Northern Raccoon 95. North American River Otter 96. American Marten 97. Striped Skunk 98. Short-tailed Weasel 99. American Mink 100. Fisher 101. Canadian Lynx 102. Bobcat 103. Moose 104. White-tailed Deer 105. Caribou 106. Woodland Caribou (Atlantic-Gaspésie pop.) 107. Smooth Greensnake 108. Northern Redbelly Snake 109. Maritime Garter Snake (EC533/19) c t Current to: September 1, 2019 Page 13