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Volume 61, No. 6

52/2018

The British Columbia Gazette,

Part II

March 27, 2018

B.C. Reg. 52/2018 , deposited March 20, 2018, under the WILDLIFE ACT [section 108] and the OFFENCE ACT [section 132]. Order in Council 122/2018, approved and ordered March 20, 2018.

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 (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a) of the Designation and Exemption Regulation, B.C. Reg. 168/90, is repealed,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 Regulation, 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.

— D. EBY, Attorney General ; D. DONALDSON, Ministry of Forests, Lands, Natural Resource Operations and Rural Development ; S. ROBINSON, Presiding Member of the Executive Council .

Schedule 1

1 Sections 13.1 to 13.6 of the Hunting Regulation, B.C. Reg. 190/84, are repealed and the following substituted: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

13.7 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 “ licenced 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 ”.

Schedule 2

1 Sections 5 (1) (

h) and 15 (

e) of the Hunting Licensing Regulation, B.C. Reg. 8/99, are repealed.

Section 6 is amended by striking out “ grizzly bear, ”.

Section 23 is amended by striking out “ licensed guide ” wherever it appears and substituting “ guide outfitter ”.

4 The

Schedule is amended by repealing items 3 (

f) and 4 (f).

Schedule 3

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:

(

A) eagles;

(

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 .

Section 15 (1) is amended

(

a) in paragraph (

b) by striking out “ non-game ” and substituting “ nongame ”, and

(

b) in paragraph (

g) by striking out “ issued under

section 2 (

p) or (

x) if the person has the permit in his or her possession ”.

Section 18 (1) is repealed and the following 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 1, 2017.

Schedule 4

Section 1.06 of the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82, is amended by repealing item (2) in

Schedule 1.06.

Section 2.01 is amended

(

a) by repealing subsections (0.1) and (2), and

(

b) by repealing subsection (1) (

d) and substituting the following:

(

d) the legal authority that the person claims to have to possess the wildlife or parts of them.

3 The following

section is added:

Reports relating to grizzly bears

2.01.1

(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.

(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 acquired from an individual, the address of the primary residence of the individual.

(3) A person who contravenes subsection (1) commits an offence.

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.

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 ”.

Schedule 5

1 Division 12 of the Wildlife Act General Regulation, B.C. Reg. 340/82, is repealed and the following substituted:

Division 12 – Retrieval of Wildlife Killed

Definition

12.01 In this Division, “main portion” means,

(

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.

Exemption – small game

12.02 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.

Exemption – game taken for hide

12.03 A person who hunts and kills game that is a fur bearing animal 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

12.04 A person who hunts 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:

(

a) the person’s normal dwelling place;

(

b) a meatcutter or the owner or operator of a cold storage plant.

Exemption – transfers of game

12.05 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 hide to a dwelling place of the other person or to a person described in

section 12.03 (

b) of this regulation, or

(

b) the other person makes every reasonable effort to remove the edible portions or, in the case 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 12.04 (

b) of this regulation.

Section 18.02 (1) is amended

(

a) in paragraph (a) (ii) by striking out “ or (2) ”, and

(

b) by repealing paragraphs (

b) and (

c) and substituting the following:

(

c) the following sections of B.C. Reg. 190/84, the Hunting Regulation:

(

i) section 13.7;

(ii)

section 17 (1) (m).

Schedule 6

Schedule 2 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended

(

a) under the heading “ Hunting Regulation, B.C. Reg. 190/84 ” by adding the following items as indicated:

Provision

Contravention

Fine

Victim

Surcharge

Levy

Ticketed

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

(

b) by repealing the heading “ Limited Entry Hunting Regulation, B.C. Reg. 134/93 ” and the two items under it, and

(

c) under the heading “ Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82 ”

(

i) by repealing the following items as indicated:

Provision

Contravention

Fine

Victim

Surcharge

Levy

Ticketed

Amount

section 2.08

(1) Unlawfully import/possess bear parts

$500

$75

$575

section 2.08

(2) Import/export bear paws

$500

$75

$575

, and

(ii) by adding the following items as indicated:

Provision

Contravention

Fine

Victim

Surcharge

Levy

Ticketed

Amount

section 2.01.1

(1) Failure to submit report

$200

$30

$230

section 2.08

(1) Unlawfully possess bear parts

$500

$75

$575

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