Preserve Regulations

N.S. Reg. 89/1988

Nova Scotia — Regulations

Preserve Regulations

N.S. Reg. 89/1988

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Pheasant Shooting Preserve Regulations

made under subsection 113(1) of the

Wildlife Act

R.S.N.S. 1989, c. 504

O.I.C. 88-404 (effective May 1, 1988), N.S. Reg. 89/1988

amended to O.I.C. 2015-239 (effective July 23, 2015), N.S. Reg. 288/2015

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Types of licence/fee

Qualifications

Shooting preserve area

Register

Licence exemption

Open seasons

Bag limits

Hunting method and equipment

Terms/conditions of licence

Repeal of old regulations

Effective date of new regulations

Citation

1 These regulations may be cited as the Pheasant Shooting Preserve Regulations .

Definitions

2 In these regulations

(a) “Act” means the Wildlife Act ;

(b) “Department” means the Department of Lands and Forests;

(c) “Minister” means the Minister of Lands and Forests;

(d) “pheasant” means Phasianus colchicus , commonly known as ring-necked

pheasant;

(e) “pheasant shooting preserve” means an area of land on which pen reared

pheasants and other game birds approved by the Minister are kept or

released for hunting by such persons as are permitted by the pheasant

shooting preserve operator;

(f) “pheasant shooting preserve operator” includes any person licensed under

these regulations to operate a pheasant shooting preserve;

(g) “pheasant shooting preserve operator’s licence” means a licence issued

pursuant to these regulations conferring on the holder thereof the privilege

of operating a pheasant shooting preserve;

(h) “quail” means Colinus virginianus , commonly known as bobwhite quail.

Types of licence/fee

(1) The Minister may issue a pheasant shooting preserve operator’s licence at the rate

of $62.26 per year.

(2) No person shall operate a pheasant shooting preserve unless the person is the

holder of a valid pheasant shooting preserve operator’s licence issued pursuant to

these regulations.

(3) A licence issued pursuant to these regulations expires on the last day of March next

following the date of issuance and may be renewed at the discretion of the

Minister.

Qualifications

(1) Any person eighteen years of age or over may apply for a pheasant shooting

preserve operator’s licence.

(2) Every application shall be submitted in writing on a form prescribed by the

Minister.

(3) No person shall keep or release game birds other than pheasants at a shooting

preserve without the prior written approval of the Minister.

(4) A person who applies to operate or is operating a pheasant shooting preserve must

own or have a legal right to use a minimum of 100 acres of land capable of

providing adequate cover to released birds.

Shooting preserve area

(1) No pheasant shooting preserve shall be located on Crown lands.

(2) An applicant for a pheasant shooting preserve licence must provide the Minister

with

(

a) a plan of the lands proposed to be included in the reserve, including a

boundary diagram and description of the lands, in a form acceptable to the

Minister; and

(

b) proof that the applicant owns the lands or has written permission from the

owner of the lands to use the lands for a pheasant shooting preserve.

(3) The cost of the plan shall be borne by the applicant.

(4) Any alterations to boundaries identified in a plan submitted under clause (2)(

a) must be submitted in writing to the Minister and approved in writing by the

Minister.

(5) [repealed]

(6) The perimeter boundary of a pheasant shooting preserve shall be posted with signs

that are clearly visible in daylight under normal conditions and that are posted at a

distance of not more than 150 feet apart.

(7) No pheasant shooting preserve shall be larger than 1000 acres.

Register

(1) A pheasant shooting preserve operator shall

(

a) maintain a daily register showing the name and address of any person

hunting on the pheasant shooting preserve; and

(

b) maintain a daily register showing the number of pheasants and other game

birds approved by the Minister released each day and the number taken.

(2) [repealed]

(3) A pheasant shooting preserve operator shall at all reasonable times make records

pertaining to the pheasant shooting preserve available for inspection upon request

by a conservation officer.

Licence exemption

(1) Any person who is the holder of a valid base licence, when permitted by a pheasant

shooting preserve operator to hunt on a pheasant shooting preserve may hunt, take

or kill or attempt to hunt, take or kill pheasants or other game birds approved by

the Minister without a Small Game Hunting Licence or permit.

(2) Except as provided in these regulations, any person who hunts, takes or kills or

attempts to hunt, take or kill wildlife on a pheasant shooting preserve is subject to

the provisions of the Act and regulations made pursuant thereto.

Open seasons

(1) The open season to take, hunt or kill pheasants or other game birds approved by

the Minister on a pheasant shooting preserve is the period of time from the first

day of August to the last day of March next following, both dates inclusive, and,

except as provided in

Section 11 [10A] of the General Wildlife Regulations made

under the Act, excluding Sundays.

(2) Despite subsection (1), any person who holds a valid Dog Field Trial Permit may

hunt, take or kill pen reared pheasants or other game birds approved by the

Minister during the operation of a dog field trial.

Bag limits

(1) Bag limits and possession limits prescribed in the Small Game Hunting

Regulations under the Act shall not apply to pheasants or other game birds

approved by the Minister which are pen reared and released on a pheasant shooting

preserve.

(2) A game animal other than one described in subsection (1) may be taken, hunted or

killed by any person on a pheasant shooting preserve provided the person

(

a) holds a valid licence or permit issued under the Act or regulations to take

the game animal; and

(

b) complies with the open season, bag limit and possession limits prescribed

under the Act or regulations for the game animal.

(3) It shall be an offence for any person to violate any of the provisions outlined in

subsection (2) while hunting on a pheasant shooting preserve.

(4) No pheasant shooting preserve operator shall take or allow to be taken on that

operator’s pheasant shooting preserve more game birds than have been released on

the preserve in that operating season.

Hunting method and equipment

(1) No person shall remove from a pheasant shooting preserve a pheasant or other

game bird approved by the Minister unless the game birds are identified with a

band or tag bearing the licence number of the pheasant shooting preserve operator.

(2) No pheasant shooting preserve operator shall fail to provide a tag or band required

under subsection (1).

(3) Except as provided in the Act or regulations, no person shall carry a firearm or

bow on a pheasant shooting preserve or take, hunt or kill or attempt to take, hunt or

kill any wildlife on a pheasant shooting preserve other than pen reared game birds

released thereon.

(4) No pheasant shooting preserve operator shall fail

(

a) to keep the pheasant shooting preserve in a clean and sanitary condition;

(

b) to report to the Minister the outbreak of any disease affecting any pheasants

or other game birds kept on the pheasant shooting preserve; and

(

c) to post a quarantine notice at the entrance to the pheasant shooting preserve

when any contagious or infectious disease breaks out affecting pheasants or

other game birds kept on the pheasant shooting preserve.

(5) A conservation officer may enter a pheasant shooting preserve to enforce the

provisions of the Act and regulations, to inspect any wildlife kept or taken on the

pheasant shooting preserve and to inspect facilities in which game birds are kept.

(6) A pheasant shooting preserve operator who releases quail must make every effort

to re-capture unharvested quail by the use of a quail recall box, which is a holding

cage that has 2 or more separate compartments and that, for purposes of attracting

the unharvested quail, already has quail in at least 1 compartment.

Terms/conditions of licence

11 It shall be an offence for any person to contravene any term or condition contained in a

licence issued under these regulations.

12 [repealed]

Repeal of old regulations

13 Regulations made by Order in Council 79-838 dated the 10th day of July, 1979, as

amended, respecting pheasant hunting preserves are rescinded as and from the 1st day of

May, 1988.

Effective date of new regulations

14 These regulations shall come into force on and after the 1st day of May, 1988.

Legislative History

Reference Tables

Pheasant Shooting Preserve Regulations

N.S. Reg.

89/1988

Wildlife Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Pheasant Shooting Preserve Regulations made

under the Wildlife Act includes all of the

following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

89/1988

May 1, 1988

date specified

May 19, 1988

162/1991

Jul

15, 1991

date

specified

Jul

26, 1991

108/1996

Jul 1,

date

specified

Jul 5,

92/1997

Jul 1,

date

specified

Aug

15, 1997

161/2004

May

21, 2004

date

specified

Jun

11, 2004

177/2007

Apr 1,

date

specified

Mar

30, 2007

232/2008

Apr 1,

date

specified

Apr

18, 2008

171/2009

Apr 1,

date

specified

Apr

14, 2009

147/2011

Apr 1,

date

specified

Apr

15, 2011

174/2013

Apr 1,

date

specified

Apr

12, 2013

174/2015

Apr 1,

date

specified

Apr 8,

288/2015

Jul

23, 2015

date

specified

Aug 7,

The

following regulations are not yet in force and are not included in the current

consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

2(

g) defn. of “pheasant shooting preserve operator’s

licence” .........................

am. 161/2004

2(

h) defn. of “quail” .........................

ad. 161/2004

3(1) ...................................................

fc. 177/2007, 232/2008, 171/2009, 147/2011, 174/2013,

174/2015

4(4) ...................................................

ad. 161/2004

5(2) ...................................................

rs. 161/2004

5(3) ...................................................

am. 161/2004

5(4) ...................................................

rs. 161/2004

5(5) ...................................................

rep. 161/2004

5(7) ...................................................

ad. 161/2004

6(2) ...................................................

am. 162/1991; rep. 108/1996

7(1) ...................................................

am. 161/2004

8(1) ...................................................

am. 162/1991, 288/2015

8(2) ...................................................

am. 161/2004

9(2) ...................................................

am. 161/2004

9(4) ...................................................

ad. 161/2004

10(6) .................................................

ad. 161/2004

12 ......................................................

rep. 92/1997

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

References to the Department and Minister of Lands and

Forests should be read as references to the Department and Minister of

Natural Resources in accordance with O.I.C. 1991-971 under the Public Service Act , R.S.N.S. 1989, c.

Sep 16, 1991

References to the Department and Minister of Lands and

Forests should be read as references to the Department and Minister of Lands

and Forestry in accordance with O.I.C. 2018-188 under the Public Service Act , R.S.N.S. 1989, c.

Jul 5, 2018

References to the Department and Minister of Lands and

Forests should be read as references to the Department and Minister of Natural Resources and Renewables in

accordance with O.I.C. 2021-210 under the Public

Service Act , R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

116/1979

Pheasant Hunting Preserves Regulations

Jul 2, 1979

May 1, 1988

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 89/1988
Date1988-01-01
Typeregulation
Volume / chapterjust regulations regs wipheast.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifierbca6ea4be8336bdd532f43a9ad36fa9ee9697464

Source file is stored in the law ingest library (htm).