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Volume 63, No. 12

158/2020

The British Columbia Gazette,

Part II

June 30, 2020

B.C. Reg. 158/2020 , deposited June 26, 2020, under the WILDLIFE ACT [section 108]. Order in Council 354/2020, approved and ordered June 26, 2020.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that

(

a) the Designation and Exemption Regulation, B.C. Reg. 168/90, is amended as

set out in the attached

Schedule 1,

(

b) the Hunting Regulation, B.C. Reg. 190/84, is amended as set out in the attached

Schedule 2, and

(

c) the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82, is amended

as set out in the attached

Schedule 3.

— D. DONALDSON, Minister of Forests, Lands, Natural Resource Operations and Rural Development ; C. JAMES, Presiding Member of the Executive Council .

Schedule 1

Section 10.1 of the Designation and Exemption Regulation, B.C. Reg. 168/90, is

repealed and the following substituted:

Exemption in relation to specified wildlife killed in Region 6

10.1

(1) In this section:

"specified highway" means any of the following:

(

a) Highway 1 Alaska Highway between Haines Junction, Yukon Territory and Fireside,

British Columbia;

(

b) Highway 2 Klondike Highway;

(

c) Highway 3 Haines Road;

(

d) Highway 7 Atlin Road;

(

e) Highway 8 Tagish Road;

(

f) Highway 37 between the British Columbia-Yukon Territory border and Highway 1

Alaska Highway;

"specified wildlife" means any of the following:

(

a) a caribou;

(

b) a cougar;

(

c) a moose;

(

d) a mountain goat;

(

e) a mountain sheep.

(2) Subject to subsection (4), a person who hunts and kills specified wildlife

in Region 6 is exempt from the following provisions with respect to that specified

wildlife if the person has complied with all other provisions of the Wildlife Act and regulations respecting the person's hunting, killing and possessing of that specified

wildlife:

(a)

section 21 (1) (

b) of the Wildlife Act ;

(b)

section 16 (1) (l), (2.1) (

e) and (3) (

b) of the Hunting Regulation, B.C.

Reg. 190/84.

(3) Subject to subsection (4), a person who traps and kills a fur bearing animal

in Region 6 is exempt from the following provisions with respect to that fur bearing

animal if the person has complied with all other provisions of the Wildlife Act and regulations respecting the person's trapping, killing and possessing of that

fur bearing animal:

(a)

section 21 (1) (

b) of the Wildlife Act ;

(

b) section 3.16 (1) (

h) and (3) (

h) of the Wildlife Act Commercial Activities

Regulation, B.C. Reg. 338/82.

(4) The exemption under subsection (2) or (3) applies only while transporting

the wildlife

(

a) on a specified highway, or

(

b) in a municipality or community along a specified highway.

(5) The exemption under subsection (2) or (3) also applies to an agent of the

person referred to in that subsection.

Schedule 2

Section 16 (1) of the Hunting Regulation, B.C. Reg. 190/84, is amended

(

a) by striking out " unless within 30 days after the date of the kill, or before exporting it from the

Province, the person submits the prescribed parts of the animal to an officer for

inspection and measurement. " and substituting " unless the person submits the prescribed parts of the animal to an officer for

inspection and measurement ", and

(

b) by adding the following paragraphs after " for inspection and measurement ":

(

k) within 30 days after the date the animal was taken or killed, and

(

l) if applicable, before exporting the animal from the Province.

Section 16 (2) is repealed.

Section 16 (2.1) (

e) is amended by adding " if applicable, " before " before exporting the animal ".

Section 16 (2.2) is amended by striking out " subsection (2.1) " and substituting " subsection (1) (

k) or (2.1) (

d) or (f) " and by repealing paragraph (

b) and substituting the following:

(

b) all of the following conditions are met:

(

i) the animal taken or killed was

(

A) a caribou,

(

B) an elk in Region 2,

(

C) a grizzly bear,

(

D) a mountain goat, or

(

E) a mountain sheep;

(ii) the person took or killed the animal using the services of a guide outfitter;

(iii) the prescribed parts of the animal are submitted to an officer for inspection

and measurement within 30 days after the last day of the open season in which the

animal was taken or killed.

Section 16 (3) is repealed and the following substituted:

(3) A person commits an offence if the person takes or kills a cougar in Region 4

or Region 6 unless the person submits the prescribed parts of the cougar to an officer,

for inspection and measurement, in the region where the cougar was taken or killed

(

a) within 4 days after the date the cougar was taken or killed, and

(

b) if applicable, before exporting the cougar from the Province.

Section 16 (3.1) is repealed.

Section 16 (3.3) is repealed and the following substituted:

(3.3) A person commits an offence if the person takes or kills a black bear in

M.U. 6-12 or 6-13 in Region 6 unless the person submits the prescribed parts of the

black bear to an officer, for inspection and measurement,

(

a) within 10 days after the date the black bear was taken or killed, and

(

b) if applicable, before exporting the black bear from the Province.

Section 16 (4) is amended by striking out " subsections (1), (2), (2.1), (2.2), (3), (3.1) and (3.3) " and substituting " subsections (1), (2.1), (2.2), (3) and (3.3) ".

Section 16 (5) is repealed and the following substituted:

(5) If a person takes or kills an animal referred to in subsection (1), (2.1),

(3) or (3.3), the person commits an offence unless the person reports the killing or taking

to an officer within the applicable submission period set out in subsection (1), (2.1), (3)

or (3.3).

(5.1) For the purpose of subsection (5), "reports" means providing the following information:

(

a) the location of the killing or taking;

(

b) the date of the killing or taking;

(

c) the hunter's or taker's name, address and telephone number;

(

d) the species and sex of the animal taken or killed;

(

e) the licences and, if applicable, limited entry hunting authorizations that

authorized the taking or killing.

Schedule 3

Section 3.16 (1) of the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82,

is amended

(

a) by striking out " unless, within 15 days after the last day of the continuous season in which the

fur bearing animal was killed, or before it is exported from the Province, the person

reports the killing or taking to an officer. " and substituting " unless the person reports the killing to an officer ", and

(

b) by adding the following paragraphs after " reports the killing to an officer ":

(

g) within 15 days after the last day of the continuous season in which the fur

bearing animal was killed, and

(

h) if applicable, before the fur bearing animal is exported from the Province.

Section 3.16 (2) (

c) and (

d) is amended by adding " fur bearing " before " animal ".

Section 3.16 (3) is amended

(

a) by striking out " unless, within 15 days after the last day of the continuous season in which the

fur bearing animal was killed, or before it is exported from the Province, the person

submits the prescribed parts and information to an officer. " and substituting " unless the person submits the prescribed parts of the fur bearing animal and the

prescribed information to an officer ", and

(

b) by adding the following paragraphs after " prescribed information to an officer ":

(

g) within 15 days after the last day of the continuous season in which the fur

bearing animal was killed, and

(

h) if applicable, before the fur bearing animal is exported from the Province.

Section 3.16 (4) is repealed and the following substituted:

(4) For the purposes of subsection (3),

(

a) the prescribed parts of the fur bearing animal are the following:

(

i) the entire carcass;

(ii) the pelt, and

(

b) the prescribed information is the following:

(

i) the location and date of the kill;

(ii) the type of trap and set used;

(iii) the number of days the trap was set before the fur bearing animal was killed.

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