1984 BILL 84 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 84 WILDLIFE ACT THE ASSOCIATE MINISTER OF PUBLIC LANDS AND WILDLIFE First Reading Second Reading Committee ofthe Whole Third Reading Royal Assent

BiU 84 BILL 84 1984 WILDLIFE ACT (Assented to , 1984) TABLE OF CONTENTS

Interpretation 1 PARTI ADMINISTRATION Wildhfe officers 2 WildUfe guardians 3 Assistance to officers and guardians 4 Rewards and remuneration S Fish and WildUfe Trust Fund 6 Payments into and out of the Fiind 7 Terms and conditions 8 Fur royalties 9

PART 2 RELATIONSHIP OF THE CROWN TO WILDLIFE Property in live wildUfe 10 Property in dead wddhfe 11 Transfer of property in wddhfe 12 Disputes as to the Crown's ownership 13 Claims against the Crown 14

PART 3 LICENCES AND PERMITS EstabUshment of and entitlements under licences and permits 15 Issue of licences and permits 16 Tags 17 IneUgibdity for Ucence or permit 18 NuUity of Ucence or permit 19 Expiry 20 VaUdity of licence 21 Cancellation and suspension 22 Non-transferabiUty 23 Use of and carrying another's licence 24

PART 4 HUNTING AND RELATED ACTIVITIES General Rules for Hunting Open seasons 25 Hunting without Ucence 26 Hunting out of season 27 Requirement to carry Ucence or other proof 28 1

Hunting in a dangerous manner 29 Hunting at night 3Q Protection of Uvestock and other property jj Alcohol and drugs 32 Persons under 16 33 Prohibited items in hunting wildlife 34 Use of vehicles, boats and aircraft 35 Required clothing 3g Hunting for trafficking purposes 37 Disturbance of wddlife habitation 33 Affixation of tags 39 Hunting on occupied land 40 Hunting of Particular Kinds of Wildlife Prohibited equipment and other items 41 Prohibition against spoUage, etc. of skin and edible flesh 42 Persons other than residents 43 Hunting foUowing aircraft flight 44 Swimming big game animals 45 Use of dogs for hunting big game 46 Activities Related to Hunting Prohibition of harassment of hunters 47 Disturbance of traps 48 Disposition of access to land 49 Bird dogs 50 Firearms on roads 51 Firearms around buildings 52 PARTS POSSESSION OF AND COMMERCE IN WILDLIFE AND EXOTIC ANIMALS Application 53 Possession of wddlife and exotic animals 54 Possession of poisoned wddlife 55 Game ranching 56 Transportation of wddlife 57 Importation of live wildUfe and exotic animals 58 Exportation of wildlife 59 Release from captivity 60 Trafficking in wildlife 61 Taxidermy and tanning 62 Records of wddUfe 63

PART 6 ENFORCEMENT Status as peace officer 64 Entry on land 65 Requu-ement of vehicle, etc. operator to obey officer ^^ Power to demand licence, permit, etc. ^^ Inspection of wildUfe and exotic animals ^^ Inspection of firearms 69 Search without warrant 70 Inspectionof permit premises ^^ Production of identificadon 72 Powers of seizure 73 Initial disposition of seized things 74 Subsequent disposition of seized things ^^ Disposal of forfeited things 76

AppUcation by person claiming interest 77 Diseased wddlife and exotic animals 7g Undesirable breeds 79 Harassment by dogs and cats gO Qosingofareas to the pubUc gl Reporting g2

PART 7 EVIDENCE Power to administer oaths g3 Evidence of location of hunting g4 AdmissibUity of certificates, etc. 85 PARTS OFFENCES AND PENALTIES Offences against the Act and regulations 86 Signs 87 False or misleading information gg Limitation of time for prosecution 89 Separate offences 90 Vicarious liabiUty 91 Specific penalties 92 General penalty 93 CanceUation and suspension of licence on conviction 94 Suspension of Ucence for failure to pay fine 95

PART 9 REGULATIONS Lieutenant Govemor in Council regulations 96 Ministerial regulations 97 Scope of regulations 98

PART 10 MISCELLANEOUS Consequential 99 Temporary 100 Repeal 101 Coming into force 102

SCHEDULE ITEMS PROHIBITED FOR HUNTING PURPOSES Items prohibited for hunting aU wddlife Item 1 Items prohibited for himting big game Item 2 Items prohibited for hunting game birds Item 3 Items prohibited for hunting migratory game birds Item 4 Items prohibited for hunting fur-bearing animals Item 5 HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In tUis Act, (a) "animal" means a vertebrate animal, other than a human being or fish; (a.l) "big game" means animals of a kind prescribed as such;

(b) "bird of prey" means a bird of a kind prescribed as such; (b.l) "Crown" means the Crown in right of Alberta; (c) "endangered animal" means an animal of a kind prescribed as such; (cl) "excluded animal" means an animal of a kind prescribed as such; (d) "exotic animal" means an animal, other than wildUfe or an excluded animal; (d,l) "fijT-bearing animal" means an animal of a kind prescribed as such; (e) "fiw royalties" means the royalties under

section 9; (e.l) "fiir farm" means a ftir farm within the meaning ofthe Fur Farms Act, and "fiu* farm Ucence" means a vaUd and subsisting licence issued under that Act; (f) "game bird" means an upland game bird or a migratory game bird; (f 1) "game ranching" means raising big game for the purpose of seUing its meat for human consumption; (g) "guide" means hunt in the manner specified m clause (gl)(iv); (g. 1) "hunt" means, with reference to a wUdUfe or exotic animal, (

i) shoot at, harass or worry, (

u) chase, pursue, foUow after or on the trad of, search for, flush, stalk or he in wait for, (iu) capture or wdfidly injure or kiU, or attempt to do so, or (iv) assist another person to hunt in a manner specified in subclause (i), (

u) or (iu) while that other person is so hunting; (h) "Ucence" means a valid and subsisting licence issued under

section 16(1) authorizing hunting, and includes a tag or other component part of a Ucence; (h.l) "migratory game bird" means a bird of a kind prescribed as such; (i) "Minister" means the member of the Execudve Council charged by the Lieutenant Govemor in CouncU with the admin­ istration of this Act; (i.l) "non-game animal" means an animal of a kind prescribed as such; (j) "non-licence animal" means an animal of a kind prescribed as such; (j.l) "open season" means a period estabhshed as such under

section 25(2); (k) "permit" means a vaUd and subsisting permit issued under

section 16(1) authorizing an activity other than hunting;

(k.l) "permit premises" means premises or parts of premises where an activity for which a permit is reqmred is conducted; (1) "prescribed" (

i) in the expression "prescribed by the Minister" means pre­ scribed or otherwise provided for by regulations made by the Minister, and (ii) otherwise, means prescribed or otherwise provided for by regulations made by the Lieutenant Govemor in Council; (m) "privately owned land" means (

i) land held under a certificate of title by a person other than the Crown, (ii) land held under an agreement for sale under which the Crown is the seUer, or (iu) land or classes of land held under leases or other dispo­ sitions firom the Crown that are prescribed to be privately owned land; (n) "record" includes (

i) an account, book, retum, statement, report, document or memorandum of information whether in writing or in elec­ tronic form or represented or reproduced by any other means, and (ii) the results of the recording of detads of electronic data processing systems and programs to illustrate what the sys­ tems and programs do and how they operate; (o) "resident" means a person who (

i) has his only or primary residence in Alberta and (

A) is a Canadian citizen or admitted to permanent resi­ dence in Canada, or (

B) has lived in Canada for the 12-month period imme­ diately preceding the relevant date, or (

u) is on fiiU-time service with the Armed Forces of Canada and would, if an election were held under the Elections Act (Canada), be eUgible to vote in Alberta under that Act; (p) "skin", in relation to a wildlife or exotic animal, includes its hide or pelt, with or without the pelage, and, in the case of a bird, includes the plumage; (q) "tag" means a tag issued under

section 17; (r) "this Act" means this Act and the regulations; (s) "traffic" means seU, buy, barter, solicit or trade or offer to do so; (t) "trap" means a device, other than a weapon, designed and commonly used to capture, injure or kill wildlife or exotic ani­ mals;

(u) "upland game bird" means a bird of a kind prescribed as such; (v) "vehicle" means a device, other than an aircraft or boat, in, on or by which a person or thing may be transported; (w) "weapon" means a firearm or any other device that propels a projectde by means of an explosion, spring, air, gas, string, wire or elastic material or any combination of those things; (x) "wddlife" means big game, birds of prey, endangered ani­ mals, fur-bearing animals, migratory game birds, non-game ani­ mals, non-Ucence animals and upland game birds, and includes any hybrid offspring resulting firom the crossing of 2 wddlife an­ imals; (y) "wddlife guardian" or "guardian" means a person appointed as a wddUfe guardian under

section 3(1); (z) "wddUfe officer" or "officer" means a person holding office as a wddUfe officer under

section 2.

(2) A person shaU not be regarded as having hunted a wddhfe or exotic animal (

a) for the purposes of subsection (l)(g.l)(u), if (

i) he was not carrying a weapon, and (

u) the purpose of his activity was restricted to watching, photographing, drawing or painting a picture of the wddhfe or exotic animal, or (

b) if the activity in question was reasonably incidental to (

i) the operation of a fur farm, (

u) game ranching, or (iu) the operation of permit premises under a permit that authorized the keepuig of captive wddUfe, and was conducted on the fur farm, game ranch or permit prem­ ises, as the case may be.

(3) For the purposes ofthis Act, (

a) a person hais a thing in his possession when he has it m his personal possession or knowingly (

i) has it in the actual possession or custody of another per­ son, or (

u) has d in any place, whether or not that place belongs to or IS occupied by him, for the use or benefit of himself or of another person, and (

b) when one of 2 or more persons, with the knowledge and consent of the rest has anything in his custody or possession, d shaU be deemed to be ui the possession of each and aU of them.

(4) Where there is a reference ui this Act to a wddUfe or excluded ammal by its common name and that common name is accompanied

in the regulations by a reference to its scientific name, then, for the purposes of construing this Act, the reference to the common name ofthe animal shaU be deemed to be a reference to the scientific name ascribed to it in the regulations.

(5) Except where specified or where the context otherwise requires, a reference in this Act to a wddlife or exotic animal or any kind of wddUfe or exotic animal shall be constmed as a reference to an ani­ mal or to an animal of that kind whether it is alive or dead, and to include any part ofthe animal and its eggs or any part of its eggs. PARTI ADMINISTRATION wudUfe officers 2(1) The Minister may appoint wildhfc officcrs.

(2) The foUowing persons are ex officio wildUfe officers: (

a) aU members of the Royal Canadian Mounted Police, (

b) aU forest officers appointed under tUe Forests Act, (

c) aU park rangers appointed under the Provincial Parks Act, and (

d) all members of the Alberta Highway Patrol of the Depart­ ment of the Solicitor General. WUdlife guardians 3(1) The Minister may appoint wddlife guardians.

(2) WddUfe guardians have the powers and duties provided by this Act and any other law and such other duties as are directed by the Minister.

(3) WildUfe guardians, in the exercise and performance of their pow­ ers and duties under this Act, shaU act on the directions of the Min­ ister. 4 The protections afforded by this Act or any other law to a wildUfe officer or wddUfe guardian extend to otUer persons whde and to the extent that they are in the course of assisting the officer or guardian under his direction. 5(1) The Minister may estabUsU and administer a program provid­ ing for the payment of rewards to persons who assist the Minister with the enforcement of this Act.

(2) The Minister may provide remuneration to persons authorized by him to seU licences, permits and other items, in a manner and in an amount he considers appropriate, whether from the proceeds of their sale or otherwise, and the remuneration shaU be treated as being paid out ofthe General Revenue Fimd. Fish and wudUfe 6 There is hereby estabhshed the Fish and WildUfe Tmst Fund for the purposes of (

a) funding prescribed programs for the protection and enhance­ ment offish and wildlife in Alberta and their habitats, (

b) providing compensation, in accordance with prescribed pro­ grams, for Assistance to officers and guardians Rewards and remuneration Trust Fund

Payments into and out of the Fund Terms and conditions (

i) damage or loss caused by wildlife and measures taken to prevent such damage or loss, (ii) damage or loss occasioned to Uvestock as a resuh ofthe use of a weapon during an open season, and (iii) damage to traplines resulting from industrial activities, and (

c) promoting the use and development of humane traps, includ­ ing the estabUshment and operation of educational programs to those ends. 7(1) The foUowing shall be paid into the Fish and WUdlife Trust Fund: (

a) donations and bequests made to the Fund or that are or have been made to the Govemment for any of the purposes for which the Fund is established, (

b) the whole or any portion of (

i) fur royalties, or (ii) fees paid for licences, permits and fishing licences, that is prescribed as payable into the Fund, (

c) the whole or any portion of any other fees and assessments prescribed under

section 96(1 )(

b) that is prescribed as being lev­ ied to raise money for the Fund, (

d) income accming to the Fund, (

e) the net proceeds fi-om a sale or disposal under

section 76(l)(a), and (

f) money that accmes fi"om any other programs of the Govem­ ment, including programs conducted under agreements with other govemments, established or entered into for any of the purposes for which the Fund is established.

(2) The Minister may make payments out of the Fish and Wildlife Tmst Fund for (

a) meeting any of the purposes for which the Fund is estab­ lished, (

b) meeting the expenses of operating the Fund, or (

c) transferring to the Consohdated Cash Investment Tmst Fund money that is not immediately required for purposes mentioned in clause (

a) or (b).

(3) Money donated or bequeathed to the Fund is subject to any terms and conditions stipulated by the person donating or bequea­ thing the money. 8(1) An approval, authorization or other decision of the Minister, specific provision for which is made by this Act, may be made sub­ ject to any terms and conditions that he considers appropriate. 8

(2) A person shaU not contravene any terms or conditions imposed under subsection (1). Fiir royalties 9(1) A persou shaU, subjcct to and in accordance with the regula­ tions, pay to the Crown a royalty ui the prescribed amount ui respect of each fdr-bearing animal kiUed by him in Alberta.

(2) A person who purchases a fur-bearing animal kiUed in Alberta shaU, unless the fur royalty in respect of that animal has aheady been paid, deduct the fur royalty in respect of the animal from the pur­ chase price and remit it to the Crown as agent for the person who kiUed the animal.

(3) The Crown has a lien in respect of a fur-bearing animal killed in Alberta for the amount of any fur royalty payable in respect of that animal.

(4) A hen under subsection (3) has priority over aU other liens and all mortgages and other encumbrances in respect of the animal.

(5) This

section does not apply to animals that were lawfully kept on a fur farm.

PART 2 RELATIONSHIP OF THE CROWN TO WILDLIFE Property in 10(1) Subjcct to tUis scctiou, the property in aU Uve wildUfe in Alberta Uve WildUfe i5 ^gj^g^j jjj ^jjg Q^Q^ (2) Subsection (1) does not apply (

a) to live captive wildUfe that has been transferred under

section 12, (

b) to the progeny of a female wddlife animal that was trans­ ferred under

section 12, being progeny bom in captivity after the effective date of the transfer, (

c) to progeny bom in captivity of female progeny described in clause (b), or (

d) to wildlife bom in captivity and that is directly descended through the female Une from female progeny described in clause (b).

(3) Notwithstanding subsection (2), the property m wddUfe that ceases to be held captive reverts to the Crown.

(4) Notwithstanding subsection (2), the property in the following wildUfe is vested in the Crown: (

a) any wddUfe the property in which has reverted to the Crown, (

b) progeny of a female wildUfe animal the property in which reverted to the Crown, being progeny bom after the reversion, (

c) the progeny of female progeny described in clause (b), or (

d) wUdUfe directly descended through the female line from fe­ male progeny described in clause (b), 9

Property in dead wildlife except to the extent that there has been a subsequent transfer of that wildlife under

section 12. 11(1) After the death in Alberta of wddlife belonging to the Crown, the property in it remains in the Crown unless the Minister transfers it to another person under

section 12 or unless (

a) it has been lawfuUy hunted, (

b) where required by

section 39, a tag or tags have been affixed to it in accordance with that section, (

c) applicable regulations under

section 97(

k) have been com­ plied with in respect of that wddlife, and (

d) all appUcable provisions of this Act for the taking into pos­ session of the wildlife foUowing its death have otherwise been fully complied with.

(2) Notwithstanding subsection (1), the property in dead wddlife does not transfer fi*om the Crown (

a) if this Act or the licence under which the wildlife was hunted provides that the property in the wildUfe is to remain m the Crown, or (

b) to the extent of such parts of the wddUfe as are retained by tUe Minister following their submission to him under regulations made under

section 97(k). 12 Except as prescribed, the Minister may, in writing and in the form prescribed by the Minister, transfer the Crown's property in wildlife on terms and conditions that he considers appropriate and that are specified in the transfer instmment. 13 In the event of a dispute as to whether any wildlife belongs to the Crown or not, the decision of the Minister is final. 14 Notwithstanding any other law, no right of action Ues and no right of compensation exists against (

a) the Crown by virtue ofthe application ofthis Part, or (

b) the Crovm or a wildlife officer or wildUfe guardian acting in the execution of his duties for death, personal injury or property damage caused by a wddlife or exotic animal.

PART 3 LICENCES AND PERMITS EstabUshment of 15(1) The Lieutenant Govemor in Council may by regulation and entitlements J J v Md*^^ (

a) estabUsh Ucences and permits and specify the activities au­ thorized by or under the Ucences or permits, (

b) subdivide licences and permits into classes according to the prescribed criteria, and (

c) specify traming and testing qualifications required for the ob­ taining and holding of a Ucence or permit. Transfer of property in wildUfe Disputes as to the Crown's ownership Claims against the Crown 10

(2) The Minister may make regulations, not inconsistent with regu­ lations under subsection (l)(c), (

a) specifying qualifications required for the obtaining and hold­ ing of a licence or permit, and (

b) establishing conditions precedent to the obtaining of a licence or permit.

(3) The rights attached to a licence or permit are subject to such terms and conditions appUcable to it as may be provided by this Act or as may be endorsed by the Minister on the licence or permit.

(4) A person shall not contravene any of the terms or conditions of a Ucence or permit. Issue of Ucences 16(1) Exccpt as prescribed, the Minister may issue a licence or per- and permits ^^^ ^^ ^^ appUcaut and may (

a) determine the number of licences or permits to be issued, and (

b) where the number of licences or permits is to be Umited, estabUsh the manner in which they are to be allocated.

(2) An appUcant for a Ucence or permit shall fumish any information that the Minister reasonably requests to enable him to determine whether the appUcation should be granted or refused and the appro­ priate conditions to attach, if any. Tags 17(1) The Mmister may issue with and as part of a licence a tag or tags for each wildUfe animal that may be killed under the licence.

(2) If a tag is affixed to diseased wildUfe or wildUfe materially in­ fested by parasites and the wildUfe is surrendered to a wildlife officer, the Minister may issue a replacement tag on payment of the pre­ scribed fee. ineugibiuty for 18 A pcrsou who is uot eligible to hold a licence or permit shall not licence or permit ^ppjy f^^ obtain or Uold a Ucencc or permit or a document that, but for that ineligibiUty, would be a licence or permit. Nuiuty of licence 19(1) Whcrc 3. documcut purportmg to be a licence or permit is or permit issued to a pcrson who is not eligible to hold it, the document is and remains void as a licence or permit.

(2) A person shaU not have in his possession a document that is void by virtue of subsection (1). Expiry 20 Unless otherwise specified on a licence or permd, the licence or permit expires on MarcU 31 foUowing the date of its issue. Validity of 21 A licence to hunt a kind of wildUfe has effect subject to secdon "**"* 15(3) and is vaUd only (

a) to authorize hunting of wildUfe of that kind and the kilUng or capturing of wildlife in the number endorsed on the licence or prescribed, (

b) during the open season for wildlife of that kind and during the currency of the licence, 11

Cancellation and suspension Non- transferabiUty Use of and carrying anoUier's licence (

c) in an area where wildUfe of that kind may be lawfuUy hunted (

d) to authorize hunting by the licence holder or a person au­ thorized by or under the licence to hunt, and (

e) if it is accompanied by the tag or tags forming part of the licence, where applicable. 22(1) The Minister may, if he considers that it is in the pubhc inter­ est to do so, (

a) cancel or suspend a licence or permit, (

b) suspend a person's right to obtain or hold a licence or permit, (

c) reinstate a canceUed licence or permit, or (

d) remove a suspension of or restore a suspended right to obtain or hold a Ucence or permit.

(2) Subsection (l)(

c) and (

d) do not apply in respect of a canceUation or suspension under

section 94 or 95. 23 A Ucence or permit is not transferable unless and except to the extent prescribed by the Minister. 24(1) A person shall not (

a) allow his Ucence to be used or carried by another person, (

b) use the licence of another person, or (

c) knowingly carry the licence of another person. (2) Subsection (1) does not apply where the person using or carrying the licence is authorized by or under the licence to hunt.

PART 4 HUNTING AND RELATED ACTIVITIES General Rules for Hunting 25(1) The Lieutenant Govemor in Council may prescribe the length or maximum length of an open season and the earliest and latest dates in a year for the commencement and termination of an open season.

(2) The Minister may, subject to any restrictions prescribed under subsection (1), by regulation establish as open seasons periods during which wildUfe of the kinds and characteristics and in the numbers prescribed by him may be lawfully hunted in the areas, under the Ucences and, where applicable, in the manner prescribed by him. Hjmt^g without 26(1) A pcTsou Shall uot huut wildlife unless he holds a licence au- **"** thorizing him, or is authorized by or under a licence, to hunt wildlife of that kind. (2) Subsection (1) does not apply to hunting that is specificaUy au­ thorized by or under the Agricultural Pests Act, and subsection (1) applies oidy Open seasons 12

Hunting out of season Requirement to carry Ucence or other proof (

a) in respect of guiding, to guiding for gain or reward, and (

b) in respect of non-Ucence wildUfe, to hunting with a trap.

(3) A person shaU not for gain or reward guide another person hunt­ ing wildUfe unless he holds a Ucence specificaUy authorizing that guiding. 27(1) A person shaU not hunt wildUfe outside an open season or if there is no open season for that wildUfe. (2) Subsection (1) does not apply to hunting that is specifically au­ thorized by or under (

a) a Ucence that authorizes hunting outside or notwithstanding the lack of an open season, or (

b) the Agricultural Pests Act. 28(1) A Ucence holder hunting wildUfe shaU carry on his person the Ucence authorizing him to do so.

(2) If a person other than the Ucence holder is authorized by or under a Ucence to hunt wildUfe and himts under the authority of that Uc­ ence, he shaU carry on his person an instmment signed by the Min­ ister or the Ucence holder stating that that person is lawfully author­ ized so to hunt. 29(1) A person shaU not hunt '°™°" (

a) in a manner that endangers other persons, or (

b) without due regard for the safety of other persons.

(2) Without Umiting

section 30, a person shaU be regarded as having hunted in contravention of subsection (l)(

a) or (

b) if, whde he was hunting, (

a) he was in physical possession of a firearm, and (

b) the conditions of Ught prevailing at that time were such that visibiUty was less than the shorter of (

i) the potential range of fire ofthe firearm, or (

u) Vi mde, unless he proves that the huntmg did not endanger any other person or that he did not act without due regard for the safety of other persons, as the case may be. Hunting at night 30 A pcrsou shaU uot Uuut wildUfc, cxccpt with traps, during the period commencing at V2 hour after sunset and ending at V2 hour before sunrise the foUowing day. Hunting in a dangerous Protection of Uvestock and other property Alcohol and drugs 31 A person shaU not hunt in a manner that causes or is Ukely to cause danger to Uvestock or damage to property. 32 A person shaU not hunt wildUfe while his ability to hunt is im­ paired by alcohol or a dmg. 13

Persons under 16 33 A pcrsou who is uudcT 16 ycErs of Egc shaU not hunt with a firearm unless he is accompanied by (

a) a parent or legal guardian of his, or (

b) an adult who is authorized in writing by such a parent or legal guardian to accompany him. Prohibited items in hunting wildUfe Use of vehicles, boats and aircraft 34(1) A person shaU not set out, use or have in his possession for the purpose of hunting wildUfe anything described in Item I ofthe Schedule. (2) Subsection (1) does not apply to a setting out, use or possession of something specificaUy authorized by or under (

a) a licence authorizing the control of wildUfe depredation or the coUection of wildUfe, or (

b) the Agricultural Pests Act.

(3) The finding of a poisonous substance described in subsection (4) in a strength and volume sufficient to kiU any fur-bearing animal or of any immobilizing dmg on the trapUne, or on or in any equipment or faciUties used in connection with the trapUne, of a person who Uunts wildUfe with traps is prima facie proof that he set it out, used it or had it in his possession, as the case may be, in contravention of subsection (1).

(4) The poisonous substances referred to in subsection (3) are as foUows: Sodium Fluoroacetate Etorphine Hydrochloride Xylazine Hydrochloride PhencycUdine Hydrochloride Ketamine Hydrochloride (1080) (M99) (Rompun) (Semylan) (Ketamine) AU compounds that include Cyanide, Strychnine or Arsenic Any other prescribed poisonous substances.

(5) In subsection (4), the common names of substances stated in parentheses are inserted for convenience of reference only, and are not to be treated as part of this Act. 35(1) A person shaU not (

a) Uunt wildUfe from or with an aircraft, (

b) use a vehicle, au-craft or boat with intent to harass, mjure or kdl wildUfe, (

c) discharge a firearm from a vehicle, aircraft or boat, other than a boat that is propeUed by muscular power or anchored, or (

d) have a loaded firearm on or in a vehicle, aircraft or boat, other than a boat so propeUed or anchored. (2) Subsection (1) does not apply to an activity that is specifically authorized by or under (

a) a licence authorizing the control of wildUfe depredation or the coUection of wildUfe, or (

b) the Agricultural Pests Act. 14

(3) For the purposes of subsection (l)(d), the foUowing firearms are loaded if (

a) in the case of a rifle, shotgun or similar firearm, there is a live sheU or cartridge in the breech or chamber, (

b) in the case of a muzzle-loading firearm operated by a flint­ lock, the pan contains powder, or (

c) in the case of a muzzle-loading firearm using percussion caps, a percussion cap is in place on the nipple. Required clothing 36 A pcrson shaU uot Uuut wildUfc in a prescribed area during an open season for big game in that area unless he is clothed in the prescribed manner. Hunting for trafficking purposes Disturbance of wildUfe habitation 37 A person shall not hunt wildUfe for the purpose of trafficking or enabling trafficking in that wildUfe in contravention of

section 61. 38(1) A person shaU not wilfuUy molest, disturb or destroy a house, nest or den of wildlife prescribed by the Minister in areas and at times prescribed by the Minister. (2) Subsection (1) does not apply to a molestation, disturbance or destmction that is specificaUy authorized (

a) by or under the Agricultural Pests Act or the Water Resources Act, (

b) by or under a Ucence authorizing the control of wildlife de­ predation or the collection of wildUfe, or (

c) by regulations under

section 97(1) or a written authorization of the Minister. Affixation of tags 39 The holdcr of a licence as a part of which a tag or tags have been issued shaU, immediately after kdling wildlife, affix that tag or those tags to the prescribed part or parts of its carcass in the prescribed manner. 40(1) In this section, "occupied land" means (

a) privately owned land under cidtivation or enclosed by a fence of any kind and not exceeding 1

section in area on which the owner or occupant actuaUy resides, and (

b) any other privately owned land which is within 1 mile ofthe

section referred to in clause (

a) and which is owned or leased by the same owner or occupant.

(2) No person shaU hunt any wildhfe or discharge any firearm on or over occupied land or enter on occupied land for the purpose of doing so, without the consent ofthe owner or occupant of d. Hunting of Particular Kinds of Wildlife 41(1) A person shaU not set out, use or have in his possession for the purpose of hunting big game anything described in Item 2 ofthe Schedule.

(2) A person shall not set out, use or have in his possession for the purpose of hunting game birds anything described ui Item 3 of the Schedule. Hunting on occupied land Prohibited equipment and odier items 15

(3) A person shall not use or have in his possession for the purpose of hunting migratory game birds anything described in Item 4 ofthe Schedule.

(4) A person shaU not, while hunting migratory game birds, have in his personal possession for his own use more than 1 shotgun at any one time unless each shotgun in excess of 1 is unloaded and either disassembled or cased.

(5) A person shaU not set out, use or have in his possession for the purpose of hunting fur-bearing animals anything described in Item 5 of the Schedule.

(6) This

section does not apply to a setting out, use or possession of something that is specifically authorized by or under (

a) a Ucence authorizing the control of wildUfe depredation or the coUection of wildlife, or (

b) the Agricultural Pests Act. Prohibition 42(1) A pcrsou who has kiUed or is in possession of a game bhd or ^'ofsS^'Md big game animal, other than a mountain lion or bear, shall not allow edible flesh jtg edible flcsU to be wasted, destroyed, spoiled or abandoned.

(2) A person who has killed or is in possession of the skin of a fur- bearing animal, bear or mountain Uon shall not aUow the skin to be wasted, destroyed, spoiled or abandoned.

(3) This

section does not apply to (

a) wildlife kiUed under (

i) a licence authorizing the collection of wildUfe, or (

u) a licence autUorizing the control of wildlife depredation, unless the Ucence states that this

section is to apply, or (

b) an activity that is specifically autUorized by or under the Ag­ ricultural Pests Act. Persons other 43 A pcrsou who is uot a resident shaU not hunt big game unless he is accompanied by a person holding a licence authorizing him to guide hunters. 44(1) A person shall not hunt big game within 3 hours after his disembarkation from an aircraft at a landing location of a prescribed kind. (2) Subsection (1) does not apply to hunting that is specifically au­ thorized by or under a licence authorizing the control of wildlife depredation or the collection of wildlife. 45 A person shall not discharge a firearm at big game when it is swimming. 46(1) A person shall not (

a) be accompanied by a dog while hunting big game, or (

b) allow a dog to pursue big game. Hunting following aircraft night Swimming big game animals Use of dogs for hunting big game 16

Prohibition of harassment of hunters Disturbance of traps Disposition of access to land Bird dogs Firearms on roads (2) Subsection (1) does not apply (

a) to an activity that is specificaUy authorized by or under a Ucence authorizing the control of wildlife depredation or the col­ lection of wildUfe, or (

b) during an open season in which hunting with dogs is specifi­ cally authorized for the kind of big game being hunted. Activities Related to Hunting 47(1) A person shaU not interfere with the lawful hunting of wildUfe by another person, or with any lawful activity preparatory to such hunting, with the intention of preventing or impeding the hunting or the continuation of the hunting.

(2) A person shaU not disturb, or engage in an activity that wiU tend to disturb, wildUfe with the intention of preventing or impeding its being lawftdly hunted.

(3) A person shaU not disturb another person who is engaged in the lawfid hunting of wildlife, or in any lawftd activity preparatory to such hunting, with the intention of dissuading that person from hunt­ ing or otherwise preventing the himting or of preventing that person's enjoyment of the outdoors. 48 Where a person has a licence authorizing his exclusive ri^t to hunt with traps in a particular area, he may remove or authorize another person to remove any trap found in that area. 49(1) No person shaU directly or indirectly seU, trade or barter or offer for sale access to any land for the purpose of hunting any big game or any fur-bearing animals on any land.

(2) No person shall directly or indirectly sell, trade or barter or offer for sale access to any land for the purpose of hunting any game bird except as provided in subsection (3).

(3) No person shaU directly or indirectly seU, trade or barter or offer for sale access to any land for the purpose of hunting pheasants (

a) on privately owned land uidess he holds a licence issued to him for that purpose pursuant to this Act and except in accord­ ance with the regulations, or (

b) on pubhc land that is not privately owned land. 50 A person shaU not, in an area prescribed by the Minister, train or hold field trials for dogs for the purpose of hunting wildlife or retrieving game birds without a permit authorizing him to do so. 51(1) A person shaU not discharge a firearm from, or cause a projec­ tile from a firearm to pass along or across, (

a) a highway designated as a primary highway under the Public Highways Development Act. or (

b) a road aUowance containing a road that is paved, oded, graded or regularly maintained in a county, municipal district or pre­ scribed area. 17

(2) Subsection (1), as it appUes in reference to clause (

b) thereof, does not apply to a person hunting game birds with a shotgun under the authority of a Ucence authorizing the hunting of game birds. (3) Subsection (1) does not apply to a person engaged ui a wildUfe depredation control program authorized in writing by the Minister. Firearms around 52(1) No pCrSOU sUaU buildings (

a) discharge a firearm, or (

b) cause a projectde from a firearm to pass within 200 yards of any occupied budding. (2) Subsection (1) does not apply to (

a) the owner or occupant of, or the person having immediate possession or control of, the land on which the budding is situ­ ated, or (

b) a person authorized to perform the activity by a person re­ ferred to in clause (a).

PART 5 POSSESSION OF AND COMMERCE IN WILDLIFE AND EXOTIC ANIMALS 53 Nothing in this Part prohibits any activity that is authorized by or under the Livestock and Livestock Products Act. 54(1) Subject to this Act, a person shaU not be in possession of a wildlife or exotic animal.

(2) Subject to this Act, a person may have a wildUfe or exotic animal in his possession (

a) if and to the extent that he is authorized by a permit to do so, (

b) on a fur farm, if and to the extent that he is authorized by a fiu" farm licence to do so, or (

c) in the case of dead wildUfe, if (

i) the Minister has transferred it to him under

section 12, or (ii) the wildlife has been lawfuUy hunted and the require­ ments of

section 1 l(l)(b), (

c) and (

d) have been or are being met in relation to it. Possession of 55(1) A pcrsou shall not be in possession of wildlife that has been poisoned wildhfe subjected to a poisonous substance described in

section 34(4) or an immobdizing dmg. (2) Subsection (1) does not apply to possession that is incidental to an activity conducted under a licence authorizing the control of wild­ life depredation or under the Agricultural Pests Act. AppUcation Possession of wildUfe and exotic animals 18

Game ranching Transportation of wildlife Importation of Uve wildUfe and exotic animals Exportation of wildUfe Release from captivity Trafficking in wildUfe Taxidermy and tanning Records of wildlife 56(1) A person shaU not conduct game ranching on land belonging to the Crown that is (

a) under the administration ofthe Associate Miidster of PubUc Lands and WildUfe, or (

b) under the admuustration ofthe Minister of Municipal Affairs and is within a special area constituted under the Special Areas Act.

(2) A person shaU not hunt any big game or exotic aidmal on land on which game ranching is conducted. (3) Subsection (2) does not apply to hunting that is specifically au­ thorized by or under (

a) a Ucence authorizing the control of wildUfe depredation, or (

b) the Agricultural Pests Act. 57 A person shaU not transport wildUfe in a vehicle, aircraft or boat unless he is carrying the documents prescribed by the Minister. 58 A person shaU not import a Uve wildlife or exotic animal into Alberta unless he is so authorized by a permit specifically authorizing the importation. 59 A person shaU not export wildUfe from Alberta unless he is so authorized by a permit specifically authorizing the exportation. 60 Without Umiting

section 8(3) of the Fur Farms Act, a person shaU not release a Uve wildUfe or exotic animal from captivity unless he has the written authorization of the Minister to do so. 61(1) A person shaU not (

a) traffic in wildlife, or (

b) be in possession of wildlife for the purpose of trafficking in wildUfe. (2) Subsection (1) does not (

a) apply if and to the extent that the trafficking or the possession is specificaUy authorized by a permit, (

b) apply if the trafficking or possession is reasonably incidental to the operation of a fur farm, or (

c) prevent a person from acquiring wildlife from the Minister under

section 12.

(3) Each single act of selUng, buying, bartering, soliciting or trading in wildUfe or of offering to do so constitutes a separate act of traffick­ ing in wildUfe. 62 A person shaU not for gain or reward engage in taxidermy or in the tanning of wildUfe unless he holds a permit specifically author­ izing him to do so. 63 A person in possession of wildUfe shall, in the form and manner prescribed by the Minister, maintain records containing the infor­ mation prescribed by him conceming that wildhfe. 19

Status as peace officer Entry on land Requirement of vehicle, etc. operator to obey officer

PART 6 ENFORCEMENT 64(1) A wildUfe officer or wildUfe guardian, in the execution of his duties, is a person employed for the preservation and mamtenance of the public peace.

(2) Notwithstanding subsection (1), a wildUfe guardian shaU not ex­ ercise the powers of arrest given to a peace officer by

section 450 of the Criminal Code (Canada) as adopted by

section 4 ofthe

Summary Convictions Act. 65(1) A wildlife officer or wildUfe guardian may, without a warrant, enter on or pass over any land in the execution of his duties, and while so engaged is liable only for damage that he wilfuUy causes. (2) Subsection (1) does not authorize the entry into any building, tent or other stmcture or the search or seizure of any property on the land. 66(1) A wildlife officer, in the execution of his duties, may signal or otherwise require a person operating a vehicle, aircraft or boat to stop the vehicle, aircraft or boat forthwith or to move it to a padic- ular place and then stop the vehicle, aircraft or boat.

(2) A person operating a vehicle, aircraft or boat shaU forthwith comply with a signal or requirement made under subsection (1) and shall not proceed untd the end of a period of time reasonably neces­ sary to enable the officer to conduct any lawful inquiries.

(3) This

section does not apply with respect to an au-craft that is in flight. Power to demand 67(1) Where a wildUfc officer or wildUfe guardian beUeves that a u^nce, permit, pgrsou is or Uas bccn hunting wildUfe, he may reqmre that person to produce (

a) any Ucence authorizing him to hunt that wildUfe, or (

b) if he is a person referred to in

section 28(2), the mstrument referred to in that subsection.

(2) Where an officer or guardian believes that a person may have engaged in an activity for which a permit is required, he may require that person to produce the permit authorizing him to engage in that activity.

(3) Where an officer or guardian believes that a person is transport­ ing wildUfe in a vehicle, aircraft or boat, he may require that person to produce the documents referred to in

section 57.

(4) When an officer or guardian requires a person to produce any­ thing under this section, that person shall forthwith produce d to the officer or guardian. Inspection of wildlife and exotic animals 68(1) A wildUfe officer or wildlife guardian may require the operator or person in possession of a vehicle, aircraft or boat to produce all wildUfe and exotic animals in or on the vehicle, aircraft or boat for the purpose of uispection to determine the sex, species and size of 20

Inspection of firearms Search without warrant the animals or to ascertain whether disease or parasites are present in or on the animals, if (

a) any wildUfe or exotic animal in the vehicle, aircraft or boat is in plain view ofthe officer or guardian, or (

b) the officer or guardian has reasonable and probable grounds to believe that the vehicle, aircraft or boat contains a wildUfe or exotic animal.

(2) An officer or guardian may require tUe owner or occupant of a building, tent or other stmcture that is not a private dwelling to produce aU wildlife and exotic animals in the building, tent or other stmcture for the purpose of inspection to determine the sex, species and size of the animals or to ascertain whether disease or parasites are present in or on the animals, if (

a) any wildUfe or exotic animal in the building, tent or other stmcture is in plain view of the officer or guardian, or (

b) the officer or guardian has reasonable and probable grounds to believe that the building, tent or other stmcture contains a wildlife or exotic animal.

(3) When an officer or guardian reqidres a person to produce wildlife or exotic animals for inspection under subsection (1) or (2), that person shall forthwith produce aU wildlife or exotic animals in the vehicle, aircraft, boat, building, tent or other stmctiu"e, as the case may be, to the officer or guardian. 69(1) If a firearm or part of a firearm in a vehicle, aircraft or boat is in plain view of a wildlife officer or wildlife guardian, the officer or guardian may reqvdre the operator or person in possession of the vehicle, aircraft or boat to produce the firearm for the purpose of inspection to determine whether it is in the vehicle, aircraft or boat in circumstances constituting a danger to public safety.

(2) When an officer or guardian requires a person to produce a fire­ arm for inspection under subsection (1), that person shall forthwith produce it to the officer or guardian. 70(1) If distance, urgency, the likeUhood ofthe removal or destmc­ tion of evidence or other relevant factors do not reasonably permit the obtaining of a warrant, a wildlife officer or wildlife guardian may, without obtaining a warrant, (

a) enter into and search a place, vehicle, aircraft, boat or a budd­ ing, tent or other stmcture, or (

b) search any container, if he beUeves on reasonable and probable grounds that there is in it any evidence of an offence against this Act.

(2) The officer or guardian shaU not enter into or search the living quarters of a private dwelling under subsection (1) unless he is in immediate pursuit of a person who he has reasonable and probable grounds to beUeve has committed an offence against this Act. 21

Inspection of permit premises 71(1) A wildUfe officer or wildUfe guardian may, without obtaining a warrant, enter at any reasonable hour any premises that he has reason to beUeve are permit premises or a fdr farm, other than the Uving quarters of a private dwelling, to inspect the premises and any wildlife or exotic animals found in them and any records required to be kept by or under this Act.

(2) If it appears to a justice, on information laid before him on oath, that there are reasonable and probable grounds for beUeving that the Uving quarters of a private dwelling contain permit premises or a fiir farm, he may issue a warrant authorizing an officer or guardian to enter those quarters, by force if necessary, for the purpose of mspect- ing the quarters and inspecting any wildlife or exotic animals found in them and any records required to be kept by or under this Act.

(3) Before entering the Uving quarters under subsection (2), an officer or guardian shaU take reasonable steps to find the person in posses­ sion of them and shaU endeavour to obtain the consent of that per­ son.

(4) A permit holder, holder of a fur farm licence or other person in charge of the permit premises or fiir farm shaU, for the purpose of an inspection under this section, give all reasonable assistance to the officer or guardian carrying out the inspection and provide access to aU relevant areas ofthe permit premises or fur farm and provide all information, records and copies required to be kept by or under this Act. 72 In the exercise of his powers and duties under this Act (

a) a wildlife officer who is not in uiuform, or (

b) a wildUfe guardian shaU produce his badge or certification of his appointment on being requested to do so. Powers of seizure 73(1) A wildUfc officcr OT wildUfc guardiau may seize anything that he believes on reasonable and probable grounds may afford evidence of an offence against this Act.

(2) The officer or guardian shall, on seizing anything under subsec­ tion (1), give a receipt for it to the person, if any, having physical possession of it when it was seized. of's^''Sn*'°° ^^^^^ FoUowing a seizure of anything under

section 73, the wildlife ngs officer or wildUfe guardian shaU, subject to this section, (

a) bring d before a justice to be dealt with by him, or (

b) fumish a justice with an affidavit (

i) stating that he has reason to beUeve that an offence has been committed in respect ofthe thing seized, (

u) setting out the name ofthe person, if any, having physical possession ofthe thing seized at the time it was seized, and (iu) stating the disposition ofthe thing seized. Production of identification 22

(2) The officer or guardian may (

a) retum the thing to the person from whom it was seized or to whom it belongs before it is dealt with under subsection (1), (

b) in the case of a dead wildUfe or exotic aidmal, dispose of any part of it that is not required as evidence in accordance with a direction of the Minister, or (

c) in the case of a Uve wildUfe or exotic animal, (

i) in accordance with a direction of the Minister, keep it in captivity or dehver it to anotUer person to have it kept in captivity, kiU it or seU or otherwise dispose of it, or (

u) dispose of it in any manner agreed to by the owner.

(3) Where, in accordance with subsection (2)(c)(i), an officer or guardian deUvers an animal to another person to have it kept in captivity, the Minister may assess the cost of keeping the animal in captivity to the owner or the person in whose possession it was when it was seized, or both, and that cost shaU be paid on demand by the person assessed and is recoverable by the Minister as a debt due to the Crown. Subsequent 75(1) Subjcct to subscctiou (2), whcrc anything is scizcd and brought M^ tih^^ before a justice, the justice may order that it be (

a) forfeited to the Crown, or (

b) retumed to the person from whom it was seized.

(2) If wildUfe belonging to the Crown or anything referred to in sub- item 1, 2, 4, 8 or 9 of Item 1 ofthe

Schedule is seized and brought before a justice, the justice shaU order tUat it be retumed to the Crown if it belongs to the Crown or forfeited to the Crown if it does not.

(3) Where something is retumed in accordance with subsection (l)(b), the justice may order the person to whom the thing is retumed (

a) to hold the thing as badee for the Crown during the time limited for appeal, or any extension of tUat time, and (

b) to produce the thing if it is required in an appeal.

(4) Notwithstanding anythmg in this section, where (

a) the offence respecting which a thuig is seized under

section 73 is an offence for which the person charged has, under the

Summary Convictions Act, the right to exercise a specified penalty option, and (

b) the person charged exercises that right, then, if the thing seized is a wildUfe or exotic animal or anything referred to ui sub-item 1, 2, 4, 8 or 9 of Item 1 ofthe Schedule, it is forfeited to the Crown, and otherwise it shaU be retumed to the person from whom it was seized.

(5) Where a wildUfe or exotic animal disposed of under

section 74(2)(

b) or (

c) does not belong to the Crown and is not forfeited to 23

the Crown in accordance with this section, the Minister may provide compensation for the loss ofthe animal in the amount or at the value that, in the opinion ofthe Minister, is fair for an animal of that kind. Disposal of 76(1) Where anything is forfeited in accordance with

section 75, the forfeited tinngs Minister shaU (

a) seU or otherwise dispose of it, or (

b) retain it for the use ofthe Crown.

(2) The Minister may return to the person from whom it was seized a dead fur-bearing animal seized for an offence involving non-pay­ ment of fur royalties if those royalties and any fine are paid within 30 days after the finding of gudt. AppUcation by 77(1) Where anything is forfeited to the Crown under

section 75(lXa), mte^t*^'*'"'^ any person, other than a person convicted ofthe offence that resulted in the forfeiture, who claims an interest in it as owner, mortgagee, Uen-holder or holder of any simdar interest may, within 30 days after the forfeiture or any longer time that the judge may aUow, apply by originating notice to a judge of the Court of Queen's Bench for an order under subsection (4).

(2) The judge to whom an appUcation is made under subsection (1) sball fix a day for the hearing that is not less than 30 days after the date of filing ofthe appUcation.

(3) The appUcant shaU serve a notice of the appUcation and of the hearing on the Minister at least 15 days before the day fixed for the hearing.

(4) Where, on the hearing of an appUcation, it is made to appear to the satisfaction of the judge, (

a) that the appUcant is innocent of any compUcity in the offence or alleged offence that resulted in the forfeiture and of any col­ lusion in relation to that offence or aUeged offence with any per­ son who may have committed the offence or aUeged offence, (

b) that the appUcant exercised aU reasonable care in respect of the person permitted to obtain the thing to satisfy himself that it was not likely to be used in contravention of this Act, or, m the case of a mortgagee or Uen-holder, that he exercised such care with respect to the mortgagor or the person giving the hen, the appUcant is entitled to an order declaring that the appUcant's interest is not affected by the forfeiture and declaring the nature and extent of his interest.

(5) The appUcant or the Minister may appeal to the Court of Appeal from an order made under subsection (4).

(6) The Minister shaU, on application made to him by any person who has obtained a final order under this

section with respect to any thing, (

a) retum that thing to the appUcant, or (

b) pay to the appUcant an amount equal to the value of the mterest ofthe appUcant m that thing, as declared in the order. 24

Diseased wUdUfe 78(1) The Minister may, if he beUeves on reasonable and probable Sn^f' grounds that any wildUfe or exotic animal is diseased or materially infested by parasites and might present a danger to the health of any aiumal or person, (

a) order that the suspect wildhfe or exotic animal be quaran­ tined for the period of time and in the manner that the Minister directs, or (

b) direct a wildhfe officer to seize the suspect animal and kill or otherwise dispose of it in the manner directed by the Minister.

(2) The Miidster may provide compensation in respect of a diseased or parasitized animal disposed of under subsection (l)(

b) in an amount that, in the opinion of the Minister, represents the fair value of an undiseased or unparasitized animal of that kind.

(3) Notwithstanding subsection (2), no right of compensation exists against the Crown or the officer in respect of the subject-matter of a direction ofthe Minister under subsection (1).

(4) The Minister may assess the cost of quarantining an animal under subsection (l)(

a) to the owner of the animal and that cost shaU be paid on demand by the person assessed and is recoverable by the Minister as a debt due to the Crown.

(5) A person to whom an order under subsection (l)(

a) is directed shall comply with the order. Undesirable breeds Harassment by dogs and cats 79(1) The Minister may, if he believes that any wildlife, exotic or excluded animal poses an ecological threat or genetic danger to wild­ life and that it is in the public interest to do so, (

a) order that the suspect animal be quarantined for the period of time and in the manner that the Minister directs, or (

b) direct a wildlife officer to seize the suspect animal and kill or otherwise dispose of it in the manner directed by the Minister.

(2) The Minister may provide compensation in respect of an animal disposed of under subsection (l)(

b) in an amount that, in the opinion of the Minister, represents the fair value of an animal of that kind.

(3) Notwithstanding subsection (2), no right of compensation exists against the Crown or the officer in respect of the subject-matter of a direction ofthe Minister under subsection (1).

(4) The Minister may assess the cost of quarantming an animal under subsection (l)(

a) to the owner of the animal and that cost shaU be paid on demand by the person assessed and is recoverable by the Minister as a debt due to the Crown.

(5) A person to whom an order under subsection (l)(

a) is directed shaU comply with the order. 80(1) If a wildlife officer or wildlife guardian believes that a dog or cat is harassing wildUfe, he may order the ovmer or the person in charge of the dog or cat to confine it in the manner directed by the officer or guardian, and that person shall comply with the order. 25

Qosingofareas to the public Reporting

(2) Where an officer or guardian finds a dog harassing big game, he may kiU or attempt to kdl the dog if he believes it is necessary to do so to protect the big game, and he and the Crown are not liable for the death of or any injury to the dog.

(3) This

section does not apply with respect to a dog being used for hunting big game in circumstances in which hunting of that big game with a dog is authorized by or under this Act. 81(1) If a wildUfe officer or wildlife guardian believes that the health or safety ofthe public is in jeopardy in any area owing to the presence of a wildlife or exotic animal, he may make a written or oral order that the area be closed to public access for the period specified m the order.

(2) If an officer or guardian beUeves that the continuation of hunting in an area constitutes a safety hazard to any person, he may make a written or oral order that the area be closed to hunting for the period specified in the order.

(3) Where an officer or guardian makes an order under subsection (1) or (2), he shaU endeavour to give notice ofthe closure by whatever method he considers most appropriate to all who may be affected.

(4) No person shaU, without the written authorization of an officer or guardian, (

a) enter or remain in an area that has been closed under subsec­ tion (1), or (

b) hunt in an area that has been closed under subsection (2).

(5) The Regulations Act does not apply to orders made under sub­ section (1) or (2). 82(1) The Minister may, by notice in writing, require a permit holder, holder of a fur farm Ucence or other person who owns or is in charge of permit premises or a fur farm to submit to him, within the time stated in the notice, (

a) a written retum (

i) showing in detad any information required by the notice that relates or is incidental to any operations that are or have been conducted on the permit premises or fur farm or to the wildlife or exotic animals on those premises, and (

u) containing or pertaining to any records that relate to op­ erations or animals referred to in subclause (

i) and that are sufficiently described in the notice to enable their identifica­ tion, and (

b) any animal to which the retum relates.

(2) The Minister may, by notice in writing, requfre a person other than one referred to in subsection (1) to submit to him, within the time stated in the notice, any records that are required to be kept by that person by or under this Act and that are sufficiently described in the notice to enable thefr identification. 26

(3) A person to whom a notice is given under subsection (1) or (2) shall comply with the notice, but may comply with a notice under subsection (l)(a)(

u) or (2) by permitting any person designated by the Minister to inspect the records to which the notice relates and, on the request of that person, to take them away for further examination or copying.

(4) Any record taken away under subsection (3) shaU be retumed to the person from whose custody it was taken within 7 days after it was taken or within such longer period as the Court of Queen's Bench directs for cause or that is agreed to by a person who is entitled to its retum.

(5) An appUcation to the Court of Queen's Bench under subsection (4) shaU be made on notice to tbe person referred to in subsection (1) or (2) and to the person from whom the record was taken, if he was not the person referred to in subsection (1) or (2).

(6) A document purporting to be certified by an employee of the department responsible for its custody to be a copy of a record made under subsection (3) is admissible in evidence in any judicial pro­ ceeding and is prima facie proof of the contents ofthe record without proof of the employee's signature or appointment or of his respon- sibiUty for custody of the document.

PART 7 EVIDENCE Power to 83 A wildlife officer or wildUfe guardian may administer an oath as administer oatiis ^f j^g ^gj.g ^ commissioner for oaths to a person making a written declaration or affidavit in respect of any matter relating to the admin­ istration of this Act. Evidence of location of hunting 84 In a prosecution of an offence against

section 26(1) or 27(1), the fact that freshly killed wildUfe is found in a person's possession in Alberta is prima facie proof that the wildUfe was hunted in Alberta by that person. Admissibiuty of 85(1) In a prosecution of an offence against this Act in which proof certificates, etc. -^ required respecting (

a) the issue, cancellation, suspension or reinstatement of a lic­ ence or permit or the right to obtain or hold a licence or permit, (

b) the identity of someone who is or is not (

i) the holder of a licence or permit named therein, or (

u) authorized to perform an activity under another person's licence or permit, (

c) the appointment of a wildlife officer or wildUfe guardian, (

d) the directions ofthe Minister to wildUfe guardians under sec­ tion 3, or (

e) whether or not fur royalties have been received by the Min­ ister, 27

a certificate signed by the Minister is admissible in evidence as prima facie proof of the facts stated in the certificate and of the authority ofthe Muiister without further proof of his appointment or signature.

(2) In a prosecution of an offence against this Act, a regulation made by the Minister or a publication by the Minister attached to a Ucence stating the time of sunrise or of sunset in any area on any day is prima facie proof of those facts.

(3) In a prosecution of an offence against this Act, a certificate signed by a person in charge of a forensic laboratory operated, mamtained or supported by the Govemment of Canada or of a province certi­ fying that a wildUfe or exotic animal has been examined by him or by someone under his administration and that the animal is of a certain species, age or sex or in a certain condition shaU be admitted in evidence as prima facie proof of the facts relating to the animal stated in the certificate and ofthe authority ofthe person signing the certificate, without further proof of his appointment or signature or of the quaUfications of either person.

(4) In a prosecution of an offence against this Act where the identi­ fication of a drug or poisonous substance is necessary, a certificate signed by a person who is in charge of a laboratory referred to in subsection (3) certifying that the dmg or poisonous substance has been examined by him or by someone under his administration and stating the findings, shaU be admitted in evidence as prima facie proof of the facts stated in the certificate and ofthe authority ofthe person signing the certificate, without further proof of his appoint­ ment or signature or ofthe qualifications of either person.

(5) An accused against whom a certificate under subsection (3) or (4) is produced may, with leave of the Court and for the purposes of cross-examination, require the attendance of the person who per­ formed the examination.

(6) A certificate under this

section shaU not be received in evidence unless tbe party intending to produce it has given to the accused reasonable notice of his intention together with a copy ofthe certifi­ cate.

(7) In addition to any other method of service permitted by law, a certificate or notice under this

section may be served on the accused by registered mad sent to the address given by the accused to the wildlife officer or wildUfe guardian when he was charged. Offences against the Act and regulations Signs False or misleading information

PART 8 OFFENCES AND PENALTIES 86 A person who contravenes any provision of this Act is gmlty of an offence. 87 A person shaU not alter, destroy or remove a sign erected by the Minister to facditate the administration ofthis Act. 88 A person shaU not wilfuUy give false or misleading information to any person, including the Mmister, acting in the execution of his duties relating to this Act. 28

Limitation of time for prosecution Separate offences Vicarious UabiUty 89 A prosecution in respect of an offence against this Act may not be commenced later than 2 years after, (

a) in the case of an alleged offence involving fraud or misrepre­ sentation, the discovery ofthe aUeged fraud or misrepresentation, or (

b) in any other case, the aUeged commission of the offence. 90 Notwithstanding anything in this Act, a fine imposed on a con­ viction for an offence involving more than 1 wildlife or exotic animal may, and in the case of big game or an endangered animal shaU, be computed in respect of each animal as though each animal had been the subject of a separate count, in which case the fine imposed shall be the sum payable as the result of that computation. 91(1) In a prosecution of an offence against

section 54, 57, 58, 59, 61 or 62, it is sufficient proof of the offence to estabhsh that it was committed by an employee or agent of the accused while acting in the course of his employment or agency functions, whether or not the employee or agent has been prosecuted for the offence. (2) Subsection (1) does not apply if the accused establishes that the offence was committed without his knowledge or consent.

(3) Where a corporation is guilty of an offence against this Act, an officer, director or agent ofthe corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable to the penalty provided for the offence. Specific penalties 92(1) A pcrsou who is couvictcd of an offence against (

a) section 30, 46(l)(b), 51(1), 52(1) or 54(1), (b)

section 26(1), in respect of a licence otUer than one of a type referred to in subsection (2)(

b) ofthis section, or (c)

section 27(1), ui respect of wildlife other than an endangered animal, is liable to a fine of not more tban $2500 or to imprisonment for a term of not more than 1 month, or both.

(2) A person who is convicted of an offence against (a)

section 26(3), 31, 35(l)(

a) or (b), 43 or 60, (b)

section 26(1), in respect of a licence of a type that is in hmited supply by virtue of a determination ofthe Minister under

section 16(1), or (c)

section 34(1), in respect of a thing Usted in sub-items 1 to 5 of Item 1 ofthe Schedule, is Uable to a fine of not more than $5000 or to imprisonment for a term of not more than 2 months, or both.

(3) A person who is convicted of an offence against sectiori 29(1) or 32 is liable to a fine of not more than $10000 or to imprisonment for a term of not more than 6 months, or both. 29

(4) A person who is convicted of an offence against (a)

section 27(1), in respect of an endangered animal, (

b) section 37, or (c)

section 61(1), in respect of an endangered animal, game bird big game animal or bird of prey, is liable to a fine of not more than $100 000 or to imprisonment for a term of not more than 6 months, or both.

(5) A person who is convicted of an offence against

section 9 is Uable to a fine of not more than $50 plus an amount equal to 5 times the unpaid fur royalties or to imprisonment for a term of not more than 2 months, or both. General penalty 93 A pcrsou who is couvictcd of any offeucc against this Act for which

section 92 does not provide a penalty is Uable to a fine of not more than $2000 or to imprisonment for a term of not more than 1 month, or both. CanceUation and 94(1) Where a pcrsou is convicted of an offence against this Act in relation to a provision specified in Column 2 of the foUowing Table, all of the Ucences of that person that are of a type prescribed as recreational are automatically cancelled, and his right to obtam or hold any such licence is suspended for the period specified in Column 3 of the Table: suspension of licence on conviction COLUMN 1 Item No. 1. TABLE COLUMN 2 COLUMN 3 Provisions Period of suspension

section 24(1), 26(1), 30, 31, 35(l)(a), (

b) or (c), 40(2), 46(l)(b), 51(1) or 52(1) 1 year

section 27(1) or 54(1), in respect of wildUfe other than that referred to in Item 5 or 7 1 year

section 34(1), in respect of a thing Usted in sub-items 1 to 5 of Item 1 of the

Schedule 1 year

section 43 2 years

section 27(1) or 54(1), in respect of a bird of prey 2 years

section 29(1), 32, 37 or 61(1) 3 years

section 27(1) or 54(1), ui respect of an endangered animal 3 years

(2) A justice hearing a case involving an offence referred to m sub­ section (1) may increase any suspension provided for to a maximum of 5 years.

(3) Where a suspension of a licence or of a right to obtam or hold a licence is imposed under

section 22 or this section, and 4. 5. 6. 7. 30

(

a) that Ucence is already under suspension, (

b) the right to obtain or hold that Ucence Uas aheady been sus­ pended, or (

c) the Ucence has been canceUed, the suspension takes effect from the expiration of any existing sus­ pension or, in the case of a canceUation unaccompanied by a suspen­ sion, the first date on which the accused could, but for the subsequent suspension, lawftdly apply for and hunt under a new Ucence.

(4) Subject to subsection (3), a suspension under this

section has effect from the date of the conviction.

(5) A person whose Ucence is canceUed by virtue ofthis

section shaU forthwith deUver the Ucence to a wildUfe officer. Suspension of 95(1) In addition to any canceUation or suspension under

section 94, Ucence for fkilure :r to pay fine ** (

a) a person is convicted of an offence against this Act and or­ dered to pay a fine, and (

b) the person does not pay the fine forthwith or within the time that the court has aUowed for payment of the fine, aU of the Ucences of that person that are of a type prescribed as recreational and his right to obtain or hold any such licence are automaticaUy suspended untd such time as he pays the amount of the fine.

(2) A suspension under this

section has effect (

a) in the case where the court has aUowed time for payment of tUe fine, from tUe last date on which payment can be made, or (

b) in any other case, from the date of conviction.

(3) Where, in respect of any period, a licence or a right to apply for or hold a Ucence would, but for tbis subsection, be suspended under botb this

section and

section 22 or 94, then, notwithstanding any­ thing in those sections, the suspension under this

section shaU be treated as running first in point of time.

PART 9 REGULATIONS Lieutenant 96(1) TUc Lieutenant Govemor in Councd may make regulations Governor i^tiS (

a) respecting the operation and administration of the Fish and WddUfe Tmst Fund; (

b) prescribing fees or assessments in respect of licences and per­ mits and any govemment activity, program or services relatuig to fish or wildhfe; (

c) respecting tUe imposition and coUection of fur royalties; (

d) establishing wildlife sanctuaries and habitat development areas; 31

(

e) classifying wildUfe sanctuaries into those for the benefit of all wildUfe or those for prescribed kinds of wildUfe; (

f) respecting hunting and related activities; (

g) respecting the use and possession, including the transporta­ tion, of weapons; (

h) respecting the possession, including the transportation, and the importation and exportation of and trafficking in wildUfe and exotic animals; (

i) regulating any activities which would otherwise be permitted by or under a permit; (

j) respecting the processing of wildUfe and related activities; (

k) providing for specific penalties and for suspensions in respect of offences created by the regulations by prescribing provisions similar to sections 92 and 94 in respect thereto; (1) amending the Schedule; (

m) prescribing any matter or thing that by this statute may or is to be prescribed by the Lieutenant Govemor in CouncU; (

n) exempting or excluding from the appUcation of aU or any portion ofthis Act, whether conditionally or unconditionaUy, any class of person, activity or animal.

(2) Regulations under subsection (l)(

k) may not provide for (

a) specific penalties tbat are higher than those provided for in

section 92(2), or (

b) suspensions for a period longer than 1 year.

(3) Regulations under subsection (1)(1) cease to have force 3 years after their being made, unless previously repealed. Ministerial 97 The Minister may make regulations regulations (

a) respecting the records to be kept and the retums or reports to be made for the purposes ofthis Act; (

b) respecting the registration of wildlife for the purposes pre­ scribed by the Minister; (

c) subject to the Brand Act, requiring and otherwise respecting the marking of wildlife; (

d) respecting tUe signing of or affixing of marks to licences and the authentication of signatures or marks; (

e) estabUshing migratory bird lure sites and wildUfe control areas and specifying their purposes; (

f) providmg that areas are to be wildlife sanctuaries, habitat development areas, migratory bfrd lure sites or wildlife control areas only for prescribed parts ofthe year, (

g) respecting the use, control and management of wddhfe sanc­ tuaries, habitat development areas, migratory bfrd lure sites and wildlife control areas or any part of any of them; 32

Scope of regulations Consequential (

h) respecting the access or exclusion of any persons to or from a wildUfe sanctuary, habitat development area, migratory bird lure sites and wildlife control areas or any part of any of them; (

i) respecting the posting of signs designating any area as a wild­ life sanctuary, habitat development area, migratory bird lure site or wildUfe control area; (

j) respecting the protection of wildhfe habitat and the restora­ tion of habitat that has been altered, and enabling the Minister to order the person responsible for the alteration to restore the habitat and to charge that person with the cost of it if he has faded to effect the restoration; (

k) respecting the reporting of wildUfe animals killed and the submission to the Minister of prescribed parts of prescribed wild­ life animals kiUed; (1) authorizing or requiring wildlife depredation control, includ­ ing the removal, destmction or alteration of beaver dams and the hunting and removal of wildhfe animals that adversely affect property; (

m) authorizing entry on land for a purpose specified in clause (

I) and enabling tbe Minister to charge the cost of the removal, destmction or alteration against the person entitled to immediate possession of the land; (

n) respecting the training of and the holding of field trials for dogs for the purpose of hunting wildlife or retrieving game birds; (

o) prescribing any matter or tbing that by this statute may or is to be prescribed by the Minister. 98 Regulations made under this statute may be made to apply gen­ erally or to particular classes of persons or to particidar animals or kinds or numbers of animals, to particular parts or progeny of ani­ mals or animals of a particular sex, age, growth, size or other char­ acteristic, or to particular periods of time or areas of Alberta.

PART 10 MISCELLANEOUS 99(1)

Section 2(2) ofthe Agricultural Pests Act is amended (

a) in clause (

b) by striking out "or"; (

b) in clause (

c) by adding "or" after "bird"; (

c) by adding the following after clause (c): (

d) an endangered animal.

(2) The Fur Farms Act is amended (

a) in

section 1(b), by striking out "a faciUty licensed under the Wildlife Act to keep" and substituting "permd premises, within the meaning ofthe Wildlife Act, covered by a permh under that Act authorizing the keeping of"; 33

(

b) in

section 7, by striking out "is the holder of a permit under" and substituting "has the written permission of the Mmister re­ sponsible for"; (

c) in

section 8, (

i) in subsections (1) and (2) by adding "on a fiir farm" after "captivity"; (ii) in subsection (3) by adding "on a fur farm" after "ani­ mal"; (

d) in

section 10(1) by adding "on a fur farm" after "captivity"; (

e) in

section 16, (

i) by repealing clause (d); (ii) by repealing clause (

f) and substituting the following: (

f) designating any fur-bearing animals, non-hcence ani­ mals or excluded animals, within the meaning of the Wildlife Act, to be fur-bearing animals for the purposes of this Act.

(3) Section 7(2)(

c) ofthe Hail and Crop Insurance Act is amended hy striking out "WddUfe Damage Fund" arui substituting "Fish and WddUfe Tmst Fund".

(4) Section 7(

c) ofthe Public Lands Act is amended by striking out "game preserve, bird sanctuary" and substituting "yn!L<^ie sanctuary, habitat development area". Temporary 100 The following funds are transferred to and form part ofthe Fish and Wildlife Trust Fund: The Buck for Wddlife Tmst; The Fish and WddUfe Habitat Tmst; The Humane Trapping Tmst; The WddUfe Damage Fund; The Wddhfe Depredation Tmst. Repeal 101 The WUdUfe Act Is repealed. Coming 102 This Act comes into force on Proclamation. mto force 34

SCHEDULE ITEMS PROHIBITED FOR HUNTING PURPOSES Itemi Items prohibited for hunting all wildlife 1 An arrow equipped with an explosive head. 2 A swivel set or spring gun. 3 A firearm that is capable of firing more than 1 bullet during 1 pressure of the trigger or a firearm that can be altered to operate as such. 4 A poisonous substance described in

section 34(4) or an immobi­ lizing dmg. 5 Alight. 6 A cross-bow. 7 A shotgun of a gauge greater than 10 gauge. 8 A device designed to deaden the sound ofthe report of a firearm. 9 Recorded wildUfe caUs or sounds or an electrically operated call­ ing device. 10 A pistol or revolver. 11 Live wildlife. Item 2 Items prohibited for hunting big game 1 Ammunition of less than .23 calibre or having an empty cartridge case measuring less than 1.75 inches in length. 2 Ammunition that contains non-expanding bullets. 3 An autoloading firearm that has a capacity of more than 5 car­ tridges in the magazine. 4 A .410 gauge shotgun. 5 Bait. 6 Any arrow other than an arrow that (

a) is at least 24 inches in length, (

b) has a tip bearing a sharp, unbarbed 3 bladed bodkin head or a sharp steel unbarbed cutting head at least 1 inch in width, and (

c) has legibly and indelibly printed on the shaft the number of the hunter's Ucence. 35

7 Any bow other than a bow that (

a) is held, drawn and released by muscular power, and (

b) requires a puU of at least 40 pounds to draw an arrow 24 inches in length to its head. 8 A shotgun that is capable of holding more than 3 sheUs m the magazine and chamber combined. 9 A muzzle-loading firearm of less than .44 caUbre. 10 Any trap that coidd be used to hunt big game. Item 3 Items prohibited for hunting game birds 1 A shotgun that is capable of holding more than 3 sheUs in the magazine and chamber combined. 2 Any trap that could be used to hunt game birds. 3 Bait.

Item 4 Items prohibited for hunting migratory game birds 1 A rifle. 2 A shotgun loaded with shotgun slugs. 3 Any other firearm using baU cartridges. Item 5 Items prohibited for hunting fur-bearing animals 1 The edible parts of game birds or big game. 2 A leg-hold or foot-hold trap with a jawspread of 9 inches or more or with toothed jaws. 36

PROPOSED REGULATION UNDER BILL 84, WILDUFE ACT, RELATING TO THE DEFINITION OF WILDUFE AND EXCLUDED ANIMALS

Proposed Regulation under the Wildlife Act WILDUFE ACT Wildlife Designation Regulation 1(1) For the purposes ofthe Wildlife Act and the regulations under that Act, (

a) the animals Usted in Item 1 of

Schedule 1 are prescribed as big game, (

b) the animals Usted in Item 2 of

Schedule 1 are prescribed as birds of prey, (

c) the animals listed in Item 3 of

Schedule 1 are prescribed as endangered animals, (

d) the animals listed in Item 4 of

Schedule 1 are prescribed as fur-bearing animals, (

e) the animals listed in Item 5 sub-item A of

Schedule 1 are prescribed as migratory game birds, (0 the animals listed in Item 5 sub-item B of

Schedule 1 are prescribed as upland game birds, (

g) the animals listed in Item 6 of

Schedule 1 are prescribed as non-game animals, and (

h) the animals listed in Item 7 of

Schedule 1 are prescribed as non-licence animals.

(2) The animals listed in

Schedule 2 are prescribed as excluded ani­ mals for the purposes of the Wildlife Act and the regulations under that Act.

SCHEDULE 1 WILDLIFE Item 1 Big Game Ursus americanus Ursus arctos Felis concolor Cervus elaphus Dama (Odocoileus) hemionus Dama (Odocoileus) virginianus Alces alces Antilocapra americana Ovis canadensis Oreamnos americanus (Black Bear) (Grizzly Bear) (Mountain Lion) (Wapiti (American Elk)) (Mule Deer) (White-tailed Deer) (Moose) (Pronghom) (Rocky Mountain Bighom Sheep) (Rocky Mountain Goat) Any hybrid offspring resulting from the crossing of 2 big game ani­ mals Item 2 Birds of Prey Cathartes aura Pandion haliaetus Haliaeetus leucocephalus Circus cyaneus Accipiter striatus Accipiter cooperii Accipiter gentilis Buteo platypterus Buteo swainsoni Buteo jamaicensis Buteo regalis Buteo lagopus Aquila chrysaetos Falco sparverius Falco columbarius Falco rusticolus Falco mexicanus Tyto alba Otus kennicottii Bubo virginianus Nyctea scandiaca Surnia ulula Glaucidium gnoma Athene cunicularia Strix varia Strix nebulosa Asio otus Asioflammeus Aegolius funereus Aegolius acadicus (Turkey Vulture) (Osprey) (Bald Eagle) (Northem Harrier) (Sharp-shinned Hawk) (Cooper's Hawk) (Northem Goshawk) (Broad-winged Hawk) (Swainson's Hawk) (Red-taded Hawk) (Ferruginous Hawk) (Rough-legged Hawk) (Golden Eagle) (American Kestrel) (Merlin) (Gyrfalcon) (Prairie Falcon) (Common Bam Owl) (Westem Screech Owl) (Great Homed Owl) (Snowy Owl) (Northem Hawk-Owl) (Northem Pygmy-Owl) (Burrowing Owl) (Barred Owl) (Great Gray Owl) (Long-eared Owl) (Short-eared Owl) (Boreal Owl) (Northem Saw-whet Owl) Any hybrid offspring resulting from the crossing of 2 birds of prey

Item 3 Endangered Animals Falco peregrinus Grus americana Cygnus buccinator Vulpes velox Bison bison athabascae Rangifer tarandus (Peregrine Falcon) (Whooping Crane) (Tmmpeter Swan) (Swift Fox) (Wood Bison) (Woodland Caribou) Any hybrid offspring resulting from the crossing of 2 endangered animals Item 4 Fur-bearing Animals Tamiasciurus hudsonicus Castor canadensis Ondatra zibethica Canis latrans Canis lupus Alopex lagopus Vulpes vulpes Urocyon cinereoargenteus Maries americana Maries pennanti Mustela erminea Mustela nivalis Mustela frenata Mustela vison Gulo luscus Taxidea taxus Lutra canadensis Lynx canadensis Lynx rufus (Red Squirrel) (Beaver) (Muskrat) (Coyote) (Gray Wolf) (Arctic Fox) (Red Fox) (Gray Fox) (Marten) (Fisher) (Ermine) (Least Weasel) (Long-tailed Weasel) (Mink) (Wolverine) (Badger) (River Otter) (Lynx) (Bobcat) Any hybrid offspring resulting from the crossing of 2 fur-bearing animals Items Game Birds A.

Migratory Game Birds Branta canadensis Branta bernicla Anser albifrons Anser caerulescens Anser rossii Anas platyrhynchos Anas rubripes Anas strepera Anas penelope Anas americana (Canada Goose) (Brant (Black Brant)) (Greater White-fronted Goose) (Snow Blue Goose) (Ross' Goose) (Mallard) (American Black Duck) (Gadwall) (European Wigeon) (American Wigeon)

Anas acuta Anas crecca Anas discors Anas cyanoptera Anas clypeata Aix sponsa Aythya americana Aythya collaris Aythya valisineria Aythya marila Aythya affinis Bucephala clangula Bucephala islandica Bucephala albeola Clangula hyemailis Histrionicus histrionicus Melanitta deglandi Melanitta perspicillata Melanitta nigra Somateria spectabilis Lophodytes cucullatus Mergus merganser Mergus serrator Oxyura jamaicensis Rallus limicola Porzana Carolina Coturnicops noveboracensis Fulica americana Capella gallinago (Common Pintail) (Green-winged (Common) Teal) (Blue-winged Teal) (Cinnamon Teal) (Northem Shoveler) (Wood Duck) (Redhead) (Ring-necked Duck) (Canvasback) (Greater Scaup) (Lesser Scaup) (Common Goldeneye) (Barrow's Goldeneye) (Bufflehead) (Oldsquaw) (Harlequin Duck) (White-winged Scoter) (Surf Scoter) (Black Scoter) (King Eider) (Hooded Merganser) (Common Merganser) (Red-breasted Merganser) (Ruddy Duck) (Virginia Rail) (Sora) (Yellow Rail) (American Coot) (Common Snipe) Any hybrid offspring resulting from the crossing of 2 migratory game birds B.

Upland Game Birds Dendragapus obscurus Canachites canadensis Lagopus lagopus Lagopus mutus Lagopus leucurus Bonasa umbellus Tympanuchus phasianellus Centrocercus urophasianus Phasianus colchicus Perdix perdix (Blue Grouse) (Spmce Grouse) (Widow Ptarmigan) (Rock Ptarmigan) (White-tailed Ptarmigan) (Ruffed Grouse) (Sharp-tailed Grouse) (Sage Grouse) (Ring-necked Pheasant) (Common (Gray) (Hungarian) Partridge) Any hybrid offspring resulting from the crossing of 2 upland game birds Item 6 Non-game Animals Marmota flaviventris Marmota caligata Dipodomys ordii (Yellow-bellied Marmot) (Hoary Marmot) (Ord's Kangaroo Rat)

Phalacrocorax auritus Pelecanus erythrorhynchos Meleagris gallopavo Ceryle alcyon Perisoreus canadensis Cyanocitta stelleri Cyanocitta cristata Nucifraga columbiana Corvus corax Gavia stellata Gavia arctica Gavia immer Gavia adamsii Podilymbus podiceps Podiceps auritus Podiceps grisegena Podiceps nigricollis Aechmophorus occidentalis Botaurus lentiginosus Ardea herodias Casmerodius albus Egretta thula Bubulcus ibis Nycticorax nycticorax Plegadis chihi Cygnus columbianus Grus canadensis Grus grus Pluvialis squatarola Pluvialis dominica Charadrius semipalmatus Charadrius melodus Charadrius vociferus Charadrius montanus Himantopus mexicanus Recurvirostra americana Tringa melanoleuca Tringa flavipes Tringa solitaria Catoptrophorus semipalmatus Heteroscelus incanus Actitis macularia Bartramia longicauda Numenius phaeopus Numenius americanus Limosa haemastica Limosafedoa Arenaria interpres Calidris canutus Calidris alba Calidris pusilla Calidris minutilla Calidris fuscicollis Calidris bairdii (Double-crested Cormorant) (White Pelican) (Wild (Merriam'

s) Turkey) (Belted Kingfisher) (Gray Jay) (Steller's Jay) (Blue Jay) (Clark's Nutcracker) (Common Raven) (Red-throated Loon) (Arctic Loon) (Common Loon) (Yellow-billed Loon) (Pied-billed Grebe) (Homed Grebe) (Red-necked Grebe) (Eared Grebe) (Westem Grebe) (American Bittem) (Great Blue Heron) (Great Egret) (Snowy Egret) (Catde Egret) (Black-crowned Night Heron) (Whde-faced Ibis) (Tundra Swan) (Sandhill Crane) (Common Crane) (Black-bellied Plover) (Lesser Golden Plover) (Semipalmated Plover) (Piping Plover) (Killdeer) (Mountain Plover) (Black-necked Stilt) (American Avocet) (Greater Yellowlegs) (Lesser Yellowlegs) (Solitary Sandpiper) (Willet) (Wandering Tattler) (Spotted Sandpiper) (Upland Sandpiper) (Whimbrel) (Long-biUed Curlew) (Hudsonian Godwit) (Marbled Godwit) (Ruddy Tumstone) (Red Knot) (Sanderling) (Semipalmated Sandpiper) (Least Sandpiper) (White-mmped Sandpiper) (Baird's Sandpiper)

Calidris melanotos Calidris alpina Calidris himantopus Tryngites subruficollis Philomachus pugnax Limnodromus griseus Limnodromus scolopaceus Phalaropus tricolor Phalaropus lobatus Phalaropus fulicaria Stercorarius parasiticus Larus pipixcan Larus Philadelphia Larus canus Larus delawarensis Larus californicus Larus argentatus Larus glaucescens Larus hyperboreus Xema sabini Sterna caspia Sterna hirundo Sterna paradisaea Sterna forsteri Chlidonias niger Columba fasciata Zenaida macroura Coccyzus erythropthalmus Coccyzus americanus Chordeiles minor Phalaenoptilus nuttallii Cypseloides niger Archilochus colubris Stellula calliope Selasphorus rufus Melanerpes lewis Melanerpes erythrocephalus Sphyrapicus varius Picoides pubescens Picoides villosus Picoides tridactylus Picoides arcticus Colaptes auratus Dryocopus pileatus Contopus borealis Contopus sordidulus Empidonax flaviventris Empidonax trailUi Empidonax minimus Empidonax hammondii Empidonax oberholseri Empidonax difficilis Sayornis phoebe Sayornis saya Tyrannus verticalis (Pectoral Sandpiper) (Dunlin) (Stilt Sandpiper) (Buff-breasted Sandpiper) (Ruff) (Short-billed Dowitcher) (Long-billed Dowitcher) (Wilson's Phalarope) (Red-necked Phalarope) (Red Phalarope) (Parasitic Jaeger) (Franklin's Gull) (Bonaparte's Gull) (Mew Gull) (Ring-biUed Gull) (Califomia Gull) (Herring GuU) (Glaucous-winged Gull) (Glaucous Gull) (Sabine's Gull) (Caspian Tem) (Common Tem) (Arctic Tem) (Forester's Tem) (Black Tem) (Band-tailed Pigeon) (Mourning Dove) (Black-billed Cuckoo) (Yellow-billed Cuckoo) (Common Nighthawk) (Common Poorwill) (Black Swift) (Ruby-throated Hummingbird) (Calliope Hummingbird) (Rufous Hummingbird) (Lewis' Woodpecker) (Red-headed Woodpecker) (Yellow-bellied Sapsucker) (Downy Woodpecker) (Hairy Woodpecker) (Three-toed Woodpecker) (Black-backed Woodpecker) (Northem Flicker) (Pileated Woodpecker) (Olive-sided Flycatcher) (Westem Wood Pewee) (Yellow-bellied Flycatcher) (Willow Flycatcher) (Least Flycatcher) (Hammond's Flycatcher) (Dusky Flycatcher) (Westem Flycatcher) (Eastern Phoebe) (Say's Phoebe) (Western Kingbird)

Tyrannus tyrannus Eremophila alpestris Progne subis Tachycineta bicolor Tachycineta thalassina Stelgidopteryx serripennis Riparia riparia Hirundo pyrrhonota Hirundo rustica Parus atricapillus Parus gambeli Parus hudsonicus Sitta canadensis Sitta carolinensis Certhia americana Salpinctes obsoletus Troglodytes aedon Troglodytes troglodytes Cistothorus platensis Cistothorus palustris Cinclus mexicanus Regulus satrapa Regulus calendula Sialia stalls Sialia currucoides Myadestes townsendi Catharus fuscescens Catharus minimus Catharus ustulatus Catharus guttatus Turdus migratorius Ixoreus naevius Dumetella carolinensis Mimus polyglottos Toxostoma rufum Anthus spinoletta Anthus spragueii Bombycilla garrulus Bombycilla cedrorum Lanius excubitor Lanius ludovicianus Vireo solitarius Vireo gilvus Vireo philadelphicus Vireo olivaceus Vermivora peregrina Vermivora celata Vermivora ruftcapilla Dendroica petechia Dendroica pensylvanica Dendroica magnolia Dendroica tigrina Dendroica coronata Dendroica townsendi (Eastem Kingbird) (Homed Lark) (Purple Martin) (Tree Swallow) (Violet-green Swallow) (Northem Rough-winged SwaUow) (Bank Swallow) (Cliff" Swallow) (Bam Swallow) (Black-capped Chickadee) (Mountain Chickadee) (Boreal Chickadee) (Red-breasted Nuthatch) (White-breasted Nuthatch) (Brown Creeper) (Rock Wren) (House Wren) (Winter Wren) (Sedge Wren) (Marsh Wren) (American Dipper) (Golden-crowned Kinglet) (Ruby-crowned Kinglet) (Eastem Bluebird) (Mountain Bluebird) (Townsend's Solitaire) (Veery) (Gray-cheeked Thmsh) (Swainson's Thmsh) (Hermit Thmsh) (American Robin) (Varied Thmsh) (Gray Catbird) (Northem Mockingbird) (Brown Thrasher) (Water Pipit) (Sprague's Pipit) (Bohemian Waxwing) (Cedar Waxwing) (Northem Shrike) (Loggerhead Shrike) (Solitary Vireo) (Warbling Vireo) (Philadelphia Vireo) (Red-eyed Vireo) (Tennessee Warbler) (Orange-crowned Warbler) (Nashville Warbler) (Yellow Warbler) (Chestnut-sided Warbler) (Magnolia Warbler) (Cape May Warbler) (YeUow-mmped Warbler) (Townsend's Warbler)

Dendroica virens Dendroica fusca Dendroica pinus Dendroica palmarum Dendroica castanea Dendroica striata Mniotilta varia Setophaga ruticilla Seiurus aurocapillus Seiurus noveboracensis Oporornis agilis Oporornis Philadelphia Oporornis tolmiei Geothlypis trichas Wilsonia pusilla Wilsonia canadensis Icteria virens Piranga ludoviciana Pheucticus ludovicianus Pheucticus melanocephalus Passerina amoena Spiza americana Pipilo erythrophthalmus Spizella arborea Spizella passerina Spizella pallida Spizella breweri Pooecetes gramineus Chondestes grammacus Calamospiza melanocorys Passerculus sandwichensis Ammodramus bairdii Ammodramus savannarum Ammospiza leconteii Ammospiza caudacutus Passerella iliaca Melospiza melodia Melospiza lincolnii Melospiza georgiana Zonotrichia albicollis Zonotrichia atricapilla Zonotrichia leucophrys Zonotrichia querula Junco hyemalis Calcarius mccownii Calcarius lapponicus Calcarius pictus Calcarius ornatus Plectrophenax nivalis Dolichonyx oryzivorus Sturnella neglecta Icterus galbula Leucosticte arctoa Pinicola enucleator (Black-throated Green Warbler) (Blackbumia Warbler) (Pine Warbler) (Palm Warbler) (Bay-breasted Warbler) (Blackpoll Warbler) (Black-and-white Warbler) (American Redstart) (Ovenbird) (Northem Waterthmsh) (Connecticut Warbler) (Mouming Warbler) (MacGilUvray's Warbler) (Common Yellowthroat) (Wilson's Warbler) (Canada Warbler) (Yellow-breasted Chat) (Western Tanager) (Rose-breasted Grosbeak) (Black-headed Grosbeak) (Lazuli Bunting) (Dickcissel) (Rufous-sided Towhee) (American Tree Sparrow) (Chipping Sparrow) (Clay-colored Sparrow) (Brewer's Sparrow) (Vesper Sparrow) (Lark Sparrow) (Lark Bunting) (Savannah Sparrow) (Baird's Sparrow) (Grasshopper Sparrow) (Le Conte's Sparrow) (Sharp-tailed Sparrow) (Fox Sparrow) (Song Sparrow) (Lincoln's Sparrow) (Swamp Sparrow) (White-throated Sparrow) (Golden-crowned Sparrow) (White-crowned Sparrow) (Harris' Sparrow) (Dark-eyed Junco) (McCown's Longspur) (Lapland Longspur) (Smith's Longspur) (Chestnut-collared Longspur) (Snow Bunting) (Bobolink) (Westem Meadowlark) (Northem Oriole) (Rosy Finch) (Pine Grosbeak) 8

Carpodacus purpureus Carpodacus cassinii Carpodacus mexicanus Loxia curvirostra Loxia leucoptera Carduelis flammea Carduelis hornemanni Carduelis pinus Carduelis tristis Coccothraustes vespertinus Phrynosoma douglassi Heterodon nasicus Ambystoma macrodactylum Scaphiopus bombifrons (Purple Finch) (Cassin's Finch) (House Finch) (Red Crossbill) (White-winged Crossbill) (Common Redpoll) (Hoary Redpoll) (Pine Siskin) (American Goldfinch) (Evening Grosbeck) (Short-homed Lizard) (Plains Hog-nosed Snake) (Long-toed Salamander) (Plains Spadefoot Toad) Any hybrid offspring resulting from the crossing of 2 non-game ani­ mals Item 7 Non-licence Animals Columba livia Pica pica Corvus brachyrhynchos Sturnus vulgaris Agelaius phoeniceus Xanthocephalus xanthocephalus Euphagus carolinus Euphagus cyanocephalus Quiscalus quiscula Molothrus ater Passer domesticus Sorex cinereus Sorex vagrans Sorex plaustris Sorex arcticus Microsorex hoyi Sylvilagus nuttalli Lepus americanus Lepus townsendii Eutamias minimus Eutamias amoenus Eutamias ruftcaudus Marmota monax Spermophilus richardsonii Spermophilus columbianus Spermophilus tridecemlineatus Spermophilus franklinii Spermophilus lateralis Seiurus carolinensis Glaucomys sabrinus Thomomys talpoides Reithrodontomys megalotis Peromyscus maniculatus (Rock Dove (Pigeon)) (Black-billed Magpie) (America Crow) (European Starling) (Red-winged Blackbird) (Yellow-headed Blackbird) (Rusty Blackbird) (Brewer's Blackbird) (Common Grackle) (Brown-headed Cowbird) (House Sparrow) (Masked Shrew) (Vagrant Shrew) (Water Shrew) (Arctic Shrew) (Pigmy Shrew) (Nuttall's Cottontail) (Showshoe Rabbit) (White-tailed Jack Rabbit) (Least Chipmunk) (Yellow-pine Chipmunk) (Red-tailed Chipmunk) (Woodchuck) (Richardson's Ground Squirrel) (Columbian Ground Squirrel) (Thirteen-Uned Ground Squirrel) (Franklin's Ground Squirrel) (Golden-mantled Ground Squirrel) (Gray Squirrel) (Northem Flying Squirrel) (Northem Pocket Gopher) (Western Harvest Mouse) (Deer Mouse) 9

Peromyscus leucopus Onychomys leucogaster Neotoma cinerea Clethrionomys gapperi Phenacomys intermedius Microtus pennsylvanicus Microtus longicaudus Microtus ochrogaster Microtus richardsoni Lagurus curtatus Lemmus sibiricus Synaptomys borealis Mus musculus Zapus hudsonius Zapus princeps Erethizon dorsatum Procyon lotor Mephitis mephitis Chrysemys picta Thamnophis radix Thamnophis elegans Thamnophis sirtalis Pituophis melanoleucus Crotalus viridis Ambystoma tigrinum Bufo cognatus Bufo hemiophrys (americanus) Bufo boreas Pseudacris triseriata Rana pretiosa Rana pipiens Rana sylvatica Myotis subulatus Myotis lucifugus Myotis volans Myotis keenii Myotis evotis Lasionycteris noctivagans Eptesicus fuscus Nycteris borealis Nycteris cinerea Ochotona princeps Perognathus fasciatus (White-footed Mouse) (Northem Grasshopper Mouse) (Bushy-tailed Wood Rat) (Gapper's Red-backed Mouse) (Heather Vole) (Meadow Vole) (Long-tailed Vole) (Prairie Vole) (Water Vole) (Sagebmsh Vole) (Brown Lemming) (Northem Bog Lemming) (House Mouse) (Meadow Jumping Mouse) (Westem Jumping Mouse) (Porcupine) (Raccoon) (Striped Skunk) (Westem Painted Turtle) (Plains Garter Snake) (Wandering Garter Snake) (Red-sided Garter Snake) (Bull (Gopher) Snake) (Prairie Rattlesnake) (Tiger Salamander) (Great Plains Toad) (Canadian (Dakota) Toad) (Boreal (Westem) Toad) (Chorus Frog) ((Westem) Spotted Frog) (Northem Leopard Frog) (Wood Frog) (SmaU-footed Myotis) (Little Brown Myotis) (Long-legged Myotis) (Keen's Myotis) (Long-eared Myotis) (Silver-Haired Bat) (Big Brown Bat) (Red Bat) (Hoary Bat) (American Pika) (Olive-backed Pocket Mouse) Any hybrid offspring resulting from the crossing of 2 non-licence animals 10

SCHEDULE 2 EXCLUDED ANIMALS Item 1 Class Mammalia Equus caballus Equus asinus Bos taurus (indicus) Capra hircus Ovis aries Sus scrofa domestica Felis catus (domesticus) Canis familiaris Oryctolagus cuniculus Bubalus (Bos) bubalus Bos (Peophagus) grunniens (mutus) Camelus bactrianus Camelus dromedarius Lama glama Lama pacos Lama guanicoe Vicugna (Lama) vicugna Bison bison bison Ovibos moschatus Mesocricetus auratus Meriones unguiculatus Cavia porcellus Chinchilla laniger Rattus rattus Rattus norvegicus Mammals (Domestic Horse) (Domestic Ass (Donkey)) (Domestic Cow (Ox) (Zebu)) (Domestic Goat) (Domestic Sheep) (Domestic Swine) (Domestic Cat) (Domestic Dog) (Domestic Rabbit) (Domestic Water Buffalo) (Domestic Yak) (Domestic Bactrian Camel) (Dromedary) (Llama (domestic Guanaco)) (Alpaca (domestic)) (Guanaco) (Vicuna) (Plains Bison) (Musk-ox) (Golden Hamster) (Mongolian Gerbil) (Guinea Pig (Cavy)) (Chinchdla) (Black Rat) (Norway Rat) Any hybrid offspring resulting from the crossing of 2 mammals listed in this Item Item 2 Class Aves Anser (Cygnopis) cygnoides Anser anser Cairina moschata Gallus domesticus Domestic Meleagris gallopava (domestic) Numida (Numidia) meleagris (mitrata) Guttera edovardi Acryllium vulturinum Oreortyx picta Callipepla squamata Lophortyx californica Lophortyx gambelii Loportyx douglasii Philortyx fasciatus Birds (Domestic Chinese Goose (Domestic Swan Goose)) (Domestic Graylag Goose) (Domestic Muscovy Duck) (Domestic Chicken) (Domestic Turkey) (Helmeted Guineafowl) (Crested Guineafowl) (Vulturine Guineafowl) (Mountail Quail) (Scaled Quail) (Califomia Quail) (Gambel's Quail) (Elegant Quail) (Banded Quail) 11

Colinus virginianus Colinus nigrogularis Colinus leucopogon Colinus cristatus Odontophorus gujanensis Odontophorus capueira Odontophorus erythrops Odontophorus atrifrons Odontophorus melanonotus Odontophorus hyperythrus Odontophorus speciosus Odontophorus strophium (dialeucos) Odontophorus columbianus Odontophorus leucolaemus Odontophorus balliviani Odontophorus stellatus Odontophorus guttatus Dactylortyx thoracicus Cyrtonyx montezumae Cyrtonyx ocellatus Rhynchortyx cinctus Alectoris chukar Francolinus francolinus Francolinus pictus Francolinus pintadeanus Francolinus afer Francolinus swainsonii Francolinus rufopictus Francolinus leucoscepus Francolinus erckelii Francolinus ochropectus Francolinus castaneicoliis Francolinus jacksoni Francolinus nobilis Francolinus camerunensis Francolinus swierstrai Francolinus ahantensis Francolinus squamatus Francolinus griseostriatus Francolinus bicakaratus Francolinus icterorhynchus Francolinus clappertoni Francolinus hildebrandti Francolinus natalensis Francolinus hartlaubi Francolinus harwoodi Francolinus adspersus Francolinus capensis Francolinus sephaena (rovuma) Francolinus streptophorus Francolinus psilolaemus Francolinus shelleyi Francolinus africanus Francolinus levaillantoides (Bobwhite) (Yucatan Bobwhite) (Spot-bellied Bobwhite) (Crested Bobwhite) (Marbled Wood-Quail) (Spot-winged Wood-Quail) (Rufous-fronted Wood-Quail) (Black-fronted Wood-Quail) (Dark-backed Wood-Quail) (Chestnut Wood-Quail) (Rufous-breasted Wood-Quail) (Gorgeted Wood-Quail) (Venezuelan Wood-Quail) (Black-breasted Wood-Quail) (Stripe-faced Wood-Quail) (Starred Wood-Quail) (Spotted Wood-Quail) (Singing Quail) (Montezuma (Harlequin) Quail) (Ocellated Quail) (Tawny-faced Quail) (Chukar) (Black Partridge) (Painted Partridge) (Chinese FrancoUn) (Gray-winged FrancoUn) (Swainson's FrancoUn) (Gray-breasted FrancoUn) (YeUow-necked FrancoUn) (Erckel's FrancoUn) (Tadjoura FrancoUn) (Chestnut-naped FrancoUn) (Jackson's FrancoUn) (Handsome FrancoUn) (Cameroun FrancoUn) (Swierstra's FrancoUn) (Ahanta FrancoUn) (Scally FrancoUn) (Gray-striped FrancoUn) (Double-spurred FrancoUn) (HeugUn's FrancoUn) (Clapperton's FrancoUn) (Hildebrandt's FrancoUn) (Natal FrancoUn) (Hartlaub's FrancoUn) (Harwood's FrancoUn) (Red-billed FrancoUn) (Cape FrancoUn) (Crested Francolin) (Ring-necked FrancoUn) (Montane Francolin) (Shelley's Francolin) (Gray-winged Francolin) (Orange River Francolin) 12

Francolinus levaillantii Francolinus ftnschi Francolinus coqui Francolinus albogularis Francolinus schlegelii Francolinus lathami Francolinus nahani Francolinus pondicerianus Francolinus gularis Coturnix coturnix Coturnix japonica Coturnix coromandelica Coturnix delegorguei Coturnix pectoralis Synoicus ypsilophorus (australis) Excalfactoria adansonii Excalfactoria chinensis Perdicula asiatica Perdicula argoondah Perdicula erythrorhyncha Perdicula manipurensis Lophophorus impejanus Gallus gallus Gallus lafayettei Gallus sonneratii Gallus varius Lophura leucomelana Lophura nycthemera Lophura edwardsi Lophura swinhoei Lophura inornata Lophura erythropthalma Lophura ignita (rufa) Lophura diardi Lophura bulweri Crossoptilon crossoptilon Crossoptilon mantchuricum Crossoptilon auritum Catreus wallichii Syrmaticus ellioti Syrmaticus humiae Syrmaticus mikado Syrmaticus soemmerringii Syrmaticus reevesii Chrysolophus pictus Chrysolophus amherstiae Polyplectron chalcurum Polyplectron inopinatum Polyplectron germaini Polyplectron bicalcaratum Polyplectron malacense Polyplectron emphanum (Red-winged Francolin) (Finsch's Francolin) (Coqui Francolin) (White-throated Francolin) (Schlegel's Francolin) (Forest Francolin) (Nahan's Forest Francolin) (Gray Francolin) (Swamp Francolin) (European Quail) (Japanese Quail) (Black-breasted (Rain) Quail) (African Harlequin Quail) (Stubble Quail) (Brown Quail) (Blue Quail) (King Quail) (Jungle Bush Quail) (Rock Bush Quail) (Painted Bush Quail) (Manipur Bush Quail) (Himalayan Monal Pheasant) (Red Junglefowl) (Ceylon Junglefowl) (Gray Junglefowl) (Green Junglefowl) (Kalij Pheasant) (Silver Pheasant) (Edwards' Pheasant) (Swinhoe's Pheasant) (Salvadori's Pheasant) (Crestless Fireback) (Crested Fireback) (Siamese Fireback) (Bulwer's Pheasant) (Tibetan (White Eared) Pheasant) (Brown Eared Pheasant) (Blue Eared Pheasant) (Cheer Pheasant) (Elliot's Pheasant) (Hume's Pheasant) (Mikado Pheasant) (Copper Pheasant) (Reeve's Pheasant) (Golden Pheasant) (Lady Amherst's Pheasant) (Bronze-tailed Pheasant) (Mountain Peacock Pheasant) (Germain's Peacock Pheasant) (Gray (Common) Peacock Pheasant) (Malay Peacock Pheasant) (Palawan Peacock Pheasant) 13

Rheinartia ocellata Argusianus argus Pavo cristatus Pavo muticus Afropavo congensis Turnix sylvatica Turnix worcesteri Turnix nana Turnix hottentotta Turnix tanki Turnix suscitator Turnix nigricollis Turnix ocellata Turnix melanogaster Turnix varia Turnix castanota Turnix pyrrhothorax Turnix velox Turnix maculosa Turnix olivii Ortyxelos meiffrenii Eos bornea Trichoglossus haematodus Trichoglossus goldei Lorius garrulus Probosciger atterimus Eolophus roseicapillus Cacatua leadbeateri Cacatua sulphurea Cacatua galerita Cacatua moluccensis Cacatua alba Cacatua goffini Cacatua sanguinea Nymphicus hollandicus Eclectus roratus Polytelis alexandrae Platycercus elegans Platycercus eximius Platycercus adscitus Platycercus icterotis Psephotus haematonotus Neophema bourkii Neophema chrysostoma Neophema elegans Neophema pulchella Melopsittacus undulatus Psittacus erithacus Poicephalus gulielmi (Crested Argus Pheasant) (Great Argus Pheasant) (Common (Indian)(Japanned) Peafowl) (Green Peafowl) (Congo Peacock) (Andalusian Hemipode) (Philippine Button Quad) (Black-mmped Button Quail) (Hottentot Button Quail) (Yellow-legged Button Quail) (Barred Button Quail) (Madagascar Button Quad) (Spotted Button Quail) (Black-breasted Quail) (Painted Button Quail) (Chestnut-backed Quad) (Red-chested Quail) (Little Quad) (Red-backed Button Quail) (Buff-breasted Quail) (Quad Plover) (Red Lory) (Rainbow Lory) (Goldie's Lorikeet) (Chattering Lory) (Palm Cockatoo) (Galah (Roseate Cockatoo)) (Major Mitchell's (Leadbeater'

s) Cockatoo) (Lesser Sulphur-crested Cockatoo) (Sulphur-crested Cockatoo) (Salmon-crested Cockatoo) (White Cockatoo) (Goffin's Cockatoo) (Little Corella) (Cockatiel) (Eclectus Parrot) (Princess Parrot) (Crimson (Adelaide) Rosella) (Eastem (Common) Rosella) (Pale-headed (Mealy) Rosella) (Westem Rosella) (Red-mmped Parrot) (Bourke's Parrot (Parakeet)) (Blue-winged Parrot (Blue- winged Grass Parakeet)) (Elegant Parrot (Elegant Grass Parakeet)) (Turquoise Parrot (Turquoise Grass Parakeet)) (Budgerigar) (Gray Parrot) (Jardine's Parrot) 14

Poicephalus senegalus Poicephalus meyeri Agapornis cana Agapornis pullaria Agapornis taranta Agapornis swinderniana Agapornis roseicollis Agapornis ftscheri Agapornis personata Agapornis lilianae Agapornis nigrigenis Psittacula eupatria Psittacula cyanocephala Psittacula columboides Psittacula derbiana Psittacula alexandri Psittacula longicauda Ara ararauna Anodorhynchus hyacinthinus Ara macao Ara chloroptera Ara rubrogenys Ara sever a Ara auricollis Ara nobilis Aratinga acutacaudata Aratinga mitrata Aratinga erythogenys Aratinga leucophthalmus Aratinga jandaya Aratinga weddellii Aratinga canicularis Aratinga pertinax Aratinga aurea Nandayus nenday Cyanoliseus patagonus Pyrrhura frontalis Pyrrhura molinae Pyrrhura leucotis Pyrrhura calliptera Enicognathus leptorhynchus Bolborhynchus lineola Forpus cyanopygius Forpus passerinus Forpus xanthopterygius Forpus conspicillatus Forpus sclateri Forpus coelestis Brotogeris jugularis Brotogeris cyanoptera Brotogeris sanctithomae Pionus menstruus Pionus maximiliani Pionus senilis (Senegal Parrot) (Meyer's Parrot) (Gray-headed Lovebird) (Red-faced Lovebird) (Black-winged Lovebird) (Black-collared Lovebird) (Peach-faced Lovebird) (Fischer's Lovebird) (Masked Lovebird) (Nyasa Lovebird) (Black-cheeked Lovebird) (Alexandrine Parrot) (Plum-headed Parakeet) (Malabar Parakeet) (Derbyan Parakeet) (Moustached Parakeet) (Long-tailed Parakeet) (Blue and Yellow Macaw) (Hyacinth Macaw) (Scarlet Macaw) (Green-winged Macaw) (Red-fronted Macaw) (Chestnut-fronted Macaw) (Golden-coUared Macaw) (Red-shouldered Macaw) (Blue-crowned Conure) (Mitred Conure) (Red-masked Conure) (White-eyed Conure) (Jandaya Conure) (Dusky-headed Conure) (Orange-fronted Conure) (Brown-throated Conure) (Peach-fronted Conure) (Nanday (Black-headed) Conure) (Patagonian Conure) (Maroon-bellied Conure) (Green-cheeked Conure) (White-eared Conure) (Flame-winged Conure) (Slender-billed Conure) (Barred Parakeet) (Mexican Parrotlet) (Green-mmped Parrotlet) (Blue-winged Parrotlet) (Spectacled Parrotlet) (Sclater' Parrotlet) (Pacific Parrotlet) (Orange-chinned Parakeet) (Cobalt-winged Parakeet) (Tui Parakeet) (Blue-headed Parrot) (Scaly-headed Parrot) (White-capped Parrot) 15

Amazona collaria Amazona ablifrons Amazona viridigenalis Amazona ftnschi Amazona autumnalis Amazona festiva Amazona aestiva Amazona ochrocephala Amazona amazonica Amazona farinosa Pycnonotus jocosus Copsychus malabaricus Leiothrix lutea Zosterops palpebrosa Emberiza ftaviventris Sicalis ftaveola Tiaris canora Paroaria coronata Paroaria gularis Serinus canaria Serinus atroqularis Carduelis cucullata Pytilia phoenicoptera Pytilia melba Mandingoa nitidula Lagonosticta senegala Uraeginthus benegalus Estrilda melpoda Estrilda troglodytes Estrilda erythronotos Estrilda charmosyna Amandava amandava Amandava subflava Neochmia ruficauda Poephila guttata Poephila bichenovii Peophila acuticauda Peophila cincta Erythrura prasina Erythrura trichroa Erythrura psittacea Chloebia gouldiae Aidemosyne modesta Lonchura malabarica Lonchura griseicapilla (caniceps) Lonchura cucullata Lonchura bicolor (poensis) Lonchura fringilloides Lonchura striata Lonchura leucogastroides Lonchura punctulata Lonchura malacca (Yellow-billed Amazon) (White-fronted Amazon) (Green-cheeked Amazon) (Lilac-crowned Amazon) (Red-lored Amazon) (Festive Amazon) (Blue-fronted Amazon) (Yellow-crowned Amazon) (Orange-winged Amazon) (Mealy Amazon) (Red-whiskered Bulbul) (White-mmped Shama) (Red-billed Leiothrix) (Oriental White-eye) (Golden-breasted Bunting) (Saffron Finch) (Melodius Grassquit) (Red-crested Cardinal) (Red-cowled Cardinal) (Common Canary) (Yellow-mmped Seedeater) (Red Siskin) (Red-winged Pytilia) (Green-winged PytiUa) (Green-backed Twin-spot) (Red-biUed Waxbill) (Red-cheeked Cordon-blue) (Orange-cheeked Waxbill) (Black-mmped Waxbdl) (Black-faced Waxbill) (Black-cheeked Waxbill) (Red Avadavat (Strawberry Finch)) (Zebra Waxbill) (Star Finch) (Zebra Finch) (Double-barred Finch) (Long-tailed Finch) (Black-throated Finch) (Pin-tailed Parrot-Finch) (Blue-faced Parrot-Finch) (Red-throated Parrot-Finch) (Gouldian Finch) (Plum-headed Finch) (White-throated Munia) (Grey-headed Silverbill) (Bronze (winged) Mannikin) (Black-and-white Mannikin) (Magpie (Pied) Mannikin) (White-mmped Munia (Society Finch)) (Javan Munia) (Spotted Munia (Spice Finch)) (Chestnut Munia) 16

Lonchura maja Amadina fasciata Passer luteus Sporopipes squamifrons Ploceus intermedius Euplectes afer Euplectes orix Euplectes progne Vidua chalybeata (wilsoni) Vidua macroura Vidua paradisaea Gracula religiosa (White-headed Munia) (Cut-throat) (Golden sparrow) (Scaly Weaver) (Masked Weaver) (YeUow-crowned Bishop) (Red Bishop) (Long-tailed Whydah) (Green Indigo-Bird) (Pin-taded Whydah) (Paradise Whydah) (Hill Myna) Any Uybrid offspring resuUing from the crossing of 2 birds listed in this Item Item 3 Class Amphibia Amphibians All amphibians except (

a) those listed in

Schedule 1 as wildlife, (

b) all species of the Families Hynobiidae, Cryptobranchidae, Ascaphidae, Discoglossidae, Rhinodermatidae, Dendrobatidae, Atelopodidae, all non-NortU American species of the families Salamandridae (except Cynops pyrrhogaster (Japanese Newt)), Plethodontidae, Proteidae, Pelobatidae, Leptodactylidae, Bufon- idae, Hylidae, Ranidae and Microhylidae, and (

c) the following species: Dicamptodon ensatus Ambystoma gracile Ambystoma laterale Ambystoma jeffersonianum (tremblayi) Ambystoma maculatum Ambystoma opacum Ambystoma texanum Rhyacotriton olympicus Notophthalmus viridescens Taricha granulosa Desmognathus fuscus Desmognathus ochrophaeus Desmognathus monticola Plethodon cinereus Plethodon vehiculum Plethodon dunni Plethodon vandykei Plethodon elongatus Plethodon stormi (Pacific Giant Salamander) (Northwestem (Brown, B.C.) Salamander) (Blue-spotted Salamander) (Jefferson (Tremblay's, Silvery) Salamander) (Yellow-spotted (Spotted) Salamander) (Marbled Salamander) (Smallmouth Salamander) ((North, South) Olympic Salamander) (Red-spotted (Eastem) Newt) ((Northem) Rough-skinned Newt) (Northem Dusky Salamander) (Mountain Salamander) (Seal Salamander) (Eastem Redback Salamander) (Western Redback Salamander) (Dunn's Salamander) (Van Dyke's (Washington, Coeur D'Alene) Salamander) (Del Norte Salamander) (Siskiyou Mountain Salamander) 17

(Red-backed & Lead-backed Salamanders) (Ravine Salamander) (Wehrle's Salamander) (Slimy Salamander) (Four-toed Salamander) (Ensatina (Oregon) Salamander) ((Northem) Spring Salamander) (Mud Salamander) (Red Salamander) (Oregon Slender Salamander) (Green Salamander) (Clouded Salamander) ((Northern) Two-lined Salamander) (Long-taded Salamander) (Mudpuppy) (Great Basin Spadefoot Toad) (Eastem Spadefoot) (Eastem American Toad) (Woodhouse's (Rocky Mountain) Toad) (Northem (Blanchard'

s) Cricket Frog) (Green Tree Frog) ((Northem) Spring Peeper) (Pacific Treefrog) (Tetraploid Gray Treefrog) (Diploid (Cope'

s) Gray Treefrog) (Mountain Choms Frog) ((Northem) Red-legged Frog) (Cascades Frog) (BuUfrog) (Green Frog) (Mink Frog) (FootUill Yellow-legged Frog) (Southem Leopard Frog) (Pickerel Frog) (Eastem Narrow-mouthed Toad) (Great Plains Narrow-mouthed Toad) Any hybrid offspring resulting from the crossing of 2 amphibians listed in this Item Plethodon cinereus Plethodon richmondi Plethodon wehrlei Plethodon glutinosus Hemidactylum scutatum Ensatina eschscholtzi Gyrinophilus porphyriticus Pseudotriton montanus Pseudotriton ruber Batrachoseps wrighti Aneides aeneus Aneides ferreus Eurycea bislineata Eurycea longicauda Nectarus maculosus Scaphiopus intermontanus Scaphiopus holbrooki Bufo americanus Bufo woodhousei Acris crepitans Hyla cinerea Hyla crucifer Hyla regilla Hyla versicolor Hyla chrysoscelis Pseudacris branchyphona Rana aurora Rana cascadae Rana catesbeiana Rana clamitans Rana septentrionalis Rana boylei Rana sphenocephala Rana palustris Gastrophryne carolinensis Gastrophryne olivacea Item 4 Class Reptilia Reptiles All reptiles except (

a) those listed in

Schedule 1 as wildlife, (

b) all species of the orders Chelonia and Crocodilia, aU species ofthe famdies Agamidae, Lacertidae, Elapidae, Hydrophidae, Vi- peridae, aU non-North American species of the famdies Iguani- dae, Scincidae, Anguidae and Colubridae, and 18

(

c) the following species: Holbrookia maculata Crotaphytus collaris Crotaphytus wislizenii Sceloporus occidentalis Sceloporus undulatus Sceloporus graciosus Uta stansburiana Phrynosoma platyrhinos Ophisaurus attenuatus Urosaurus ornatus Eumeces anthracinus Eumeces fasciatus Eumeces laticeps Eumeces multivirgatus Eumeces obsoletus Eumeces septentrionalis Eumeces skiltonianus Lygosoma laterale Cnemidophorus sexlineatus Cnemidophorus tigris Gerrhonotus multicarinatus Gerrhonotus coeruleus Heloderma suspectum Charina bottae Natrix erythrogaster Natrix rhombifera Natrix sipedon Regina grahami Natrix kirtlandi Storeria dekayi Storeria occipitomaculata Thamnophis sauritus Thamnophis proximus Thamnophis brachystoma Thamnophis butleri Thamnophis ordinoides (Lesser (Northem) Earless Lizard) (Collared Lizard) ((Long-nosed) Leopard Lizard) (Westem (Northwestem, Great Basin) Fence Lizard) (Eastem Fence (Northem Prairie) Lizard) ((Northem, Great Basin) Sagebmsh Lizard) ((Northem) Side-blotched Lizard) ((Northem) Desert Homed Lizard) (Slender Glass Lizard) (Common (Northem) Tree Lizard) (Coal (Northem Coal) Skink) (Five-lined Skink) (Broad-headed Skink) ((Northem) Many-Uned Skink) (Great Plains Skink) (Prairie (Northem Prairie) Skink) (Westem (Great Basin) Skink) (Ground Skink) (Six-lined (Prairie Lined) Racemnner) (Westem (Great Basin) Whiptail) (Southem (Oregon) Alligator Lizard) (Northem Alligator Lizard) (Gda Monster) ((Pacific, Rocky Mountain) Rubber Boa) (Plain-bellied Water Snake (Northem Copperbelly)) (Diamond-backed Water Snake) (Common (Northem) Water Snake) (Graham's Water Snake) (Kirtland's Water Snake) ((Northem, Midland) Brown Snake) ((Northem, Black HiUs) Red belUed Snake) (Eastem (Northem) Ribbon Snake) (Westem (Black-backed) Ribbon Snake) (Short-headed Garter Snake) (Butler's Garter Snake) (Northwestem Garter Snake) 19

Thamnophis couchi Tropidoclonion lineatum Virginia valeriae Heterodon platyrhinos Diadophis punctatus Carphophis amoenus Coluber constrictor Masticophis flagellum Masticophis taeniatus Opheodrys aestivus Opheodrys vernalis Elaphe guttata Elaphe obsoleta Elaphe vulpina Arizona elegans Lampropeltis calligaster Lampropeltis triangulum Lampropeltis getulus (Westem Aquatic (Oregon) Garter Snake) ((Northern) Lined Snake) (Smooth (Eastem, Mountain) Earth Snake) (Eastern Hognose Snake) ((Northem, Prairie, Regal) Ringneck Snake) ((Eastem, Midwest, Western) Worm Snake) ((Northem Black)(Eastera or Westem Yellow-bellied) Racer) ((Westem) Coachwhip) (Striped Whipsnake) (Rough Green Snake) ((Eastem or Westem) Smooth Green Snake) (Com (Great Plains Rat) Snake) ((Black) Rat Snake) ((Western or Eastem) Fox Snake) ((Kansas) Glossy Snake) (Prairie King Snake) ((Eastem, Red, Pallid, Pale) Milk Snake) (Common (Califomia, Eastem, Eastem Black, Speckled) King Snake) (CaUfomia (Sierra, St.

Helena) Mountain King Snake) ((Southeastem) Scarlet Snake) ((Westem) Long-nosed Snake) (Sharp-tailed Snake) (Westem (Great Basin) Ground Snake) ((Desert) Night Snake) (Plains Black-headed Snake) Lampropeltis zonata Cemophora coccinea Rhinocheilus lecontei Contia tenuis Sonora semiannulata Hypsiglena torquata Tantilla nigriceps Any hybrid oflFspring resuhing from the crossing of 2 reptiles listed in tUis Item 20 Title: 1984 (20th, 2nd) Bill 84, Wildlife Act