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NEWFOUNDLAND

AND

LABRADOR

REGULATION 13/09

Fossil Ecological Reserve Regulations, 2009

under the

Wilderness and Ecological Reserves Act

(O.C. 2009-072)

(Filed

March 17, 2009

Under the authority of sections 25 and 29 of the Wilderness and Ecological Reserves Act,

the Lieutenant-Governor in Council makes the following regulations.

Dated at

St. Johns

March 17, 2009

Gary Norris

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definitions

Restrictions

Permits and licenses

Domestic animals

Exception

Research in reserve

Exception for research

Educational activities

Property within reserve

Hunting and fishing

Hiking

Permit required

Fossil protection zone

Mistaken Point Ecological Reserve

Application of regulations

NLR 63/97 Rep.

Schedule

Short title

These regulations may be cited as the Fossil Ecological Reserve Regulations, 2009.

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Definitions

In these regulations

(a)

"Act" means the Wilderness and Ecological Reserves Act

(b)

"fossil protection zone" means an area defined by the managing agency to delineate the area where fossils are most vulnerable to the effects of erosion and human activities;

(c)

"management plan" means the management plan for a reserve on file with the managing agency;

(d)

"managing agency" means the Parks and Natural Areas Division of the Department of Environment and Conservation;

(e)

"permit" means a permit issued and valid under these regulations;

(f)

"reserve" means a fossil ecological reserve set aside under the Act, and described in the Schedule;

(g)

"structure" means a man-made object intended to be permanent or semi-permanent or temporary in nature and includes but is not limited to buildings, houses, cottages, cabins, wharves, docks, boathouses, slipways, trailers, mobile homes, tents, tent platforms, camps, shelters and recreational vehicles used for any purpose, but does not include semi-permanent blinds or signs erected under the authority of the management plan; and

(h)

"wildlife" means an animal or plant.

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Restrictions

Within a reserve, a person shall not

(

a) destroy, damage or remove any fossil material;

(

b) pollute or obstruct a stream or other body of water or dispose of any garbage;

(

c) build or erect or cause to have built or erected a structure;

(

d) destroy, damage, remove, disturb, or handle the home, den, or nest of wildlife;

(

e) destroy, damage, remove, disturb or handle an egg of any wild bird;

(

f) destroy, damage, or remove any wildlife or natural object;

(

g) damage or remove a sign or other government property;

(

h) remove sand, stone, or gravel;

(

i) use, operate or be in possession of a motor car, motor truck, four-wheel drive vehicle, all-terrain vehicle, snow mobile, or other motorized conveyance;

(

j) land an aircraft;

(

k) operate a commercial establishment or commercial enterprise within a reserve, except guiding, touring, outfitting, fossil replication, photography, videography or sound recording, in accordance with a permit issued under these regulations;

(

l) operate a non-commercial establishment or non-commercial enterprise within a reserve except guiding, touring, outfitting, fossil replication, photography, videography or sound recording, in accordance with a permit issued under these regulations;

(

m) display, post or broadcast an advertisement;

(

n) prospect, claimstake, mine or quarry;

(

o) use explosives, mechanical and electrical rock cutting or removal tools (e.g. tile saws, percussion hammers);

(

p) use a bicycle;

(

q) land a boat;

(

r) camp; or

(

s) introduce a horse.

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Permits and licenses

(1) The minister, or a person authorized by the minister, may issue a permit or other written authorization that allows certain activities to be carried on in a reserve, subject to restrictions imposed by these regulations and the Act.

(2) The activities referred to in subsection (1) may be limited by the conditions declared on the permit or in the written authorization.

(3) A permit or written authorization shall be issued in accordance with the guidelines described in the management plan for a reserve.

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Domestic animals

The grazing of domestic animals may be permitted within a reserve provided it does not exceed existing limits at the time of the reserve establishment.

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Exception

A person engaged in the administration or management of a reserve in the normal course of his or her duties is exempt from paragraphs 3(a), (d), (e), (f), (g), (i), (j), (o), (q), (

r) and (s).

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Research in reserve

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Exception for research

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Educational activities

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Property within reserve

(1)Persons with legal title to structures and land within a reserve may continue to own those premises and to occupy and use them.

(2) First option to purchase structures and land within a reserve, should these owners decide to sell, is retained by and vests in the Crown and any sale, conveyance, gift, grant, or other transfer of land or property to which this

section applies, to a person other than the Crown, is void without the prior waiver in writing of the Crown's option as established by this section.

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Hunting and fishing

With the exception of Fortune Head Ecological Reserve, all hunting and fishing within a reserve is allowed in accordance with permits or licences issued under the Wild Life Act

, the Migratory Birds

Convention Act

Canada

) or the Fisheries Act

Canada

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Hiking

Hiking in a reserve is permitted but may be restricted to designated areas at the discretion of the managing agency.

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Permit required

(2) Applications for a permit shall provide a full description of the enterprise planned.

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Fossil protection zone

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Mistaken Point Ecological Reserve

Within the Mistaken Point Ecological Reserve

(

a) a person shall not disturb, touch or replicate a fossil, or enter the fossil protection zone as described by the managing agency, unless the person

(

i) holds the required permit,

(ii)

is engaged in the administration and management of the reserve, or

(iii)

is accompanying another person who is engaged in the administration and management of the reserve;

(

b) fires are prohibited except on the beach at

Long Beach

and

Drook

Beach

(

c) berry picking is permitted; and

(

d) mushroom picking is permitted.

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Application of regulations

These regulations shall apply to the fossil ecological reserves listed in the Schedule, except to the extent that they have been modified by the Order declaring a given Fossil Ecological Reserve in effect.

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NLR 63/97 Rep.

The Fossil Ecological Reserve Regulations

, Newfoundland and Labrador Regulation 63/97, are repealed.

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Schedule

1 .

For

t une Head Ecological Reserve

2 .

Mistaken Point Ecological Reserve

3 .

Table Point Ecological Reserve

Earl G. Tucker, Queen's Printer