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Bear Harvesting Regulations

made under subsection 113(1) of the

Wildlife Act

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

O.I.C. 88-349 (March 29, 1988, effective May 1, 1988), N.S. Reg. 60/88

as amended to O.I.C. 2015-239 (July 23, 2015), N.S. Reg. 287/2015


Citation

1     These regulations may be cited as the Bear Harvesting Regulations.


Definition

2     In these regulations

 

                (a)    “Act” means the Wildlife Act;

Clause 2(a) amended: O.I.C. 92-707, N.S. Reg. 148/92.


Clause 2(b) repealed: O.I.C. 2005-235, N.S. Reg. 116/2005.


Clause 2(c) repealed: O.I.C. 2010-245, N.S. Reg. 85/2010.

 

                (ca)  “baiting period” means the period of time when bait may be set out for the purpose of attracting bears;

Clause 2(ca) added: O.I.C. 94-680, N.S. Reg. 137/94; replaced: O.I.C. 2010-245, N.S. Reg. 85/2010.

 

                (d)    “Bear Hunting Licence” means a valid base licence which has affixed to it a valid Bear Hunting Stamp and a tag;

Clause 2(d) replaced: O.I.C. 1999-273, N.S. Reg. 60/99.

 

                (da)  “Bear Hunting Stamp” means a stamp issued by the Department that, when affixed to a valid base licence, confers on the holder the privilege of hunting bear with a weapon in accordance with the Act and regulations;

Clause 2(da) added: O.I.C. 1999-273, N.S. Reg. 60/99.

 

                (db)  “Bear Snaring Stamp” means a stamp issued by the Department that, when affixed to a valid base licence, confers on the holder the privilege of snaring bear in accordance with the Act and regulations;

Clause 2(db) added: O.I.C. 1999-273, N.S. Reg. 60/99.


Clause 2(e) repealed: O.I.C. 2006-365, N.S. Reg. 154/2006.

 

                (ea)  “cable foot snare” means a cable that is at least 4.75 mm in diameter and is capable of being set to catch and hold a bear by 1 leg only and other devices that assist in placing a loop of the cable around the leg of the bear;

Clause 2(ea) added: O.I.C. 2005-235, N.S. Reg. 116/2005.

 

                (f)    “Department” means the Department of Natural Resources;

Clause 2(f) amended: O.I.C. 92-707, N.S. Reg. 148/92.


Clause 2(g) repealed: O.I.C. 2006-365, N.S. Reg. 154/2006.

                (h)    “Minister” means the Minister of Natural Resources;

Clause 2(h) amended: O.I.C. 92-707, N.S. Reg. 148/92.

 

                (i)     “Resident Bear Snaring Licence” means a valid base licence which has affixed to it a valid Bear Snaring Stamp and a tag;

Clause 2(i) replaced: O.I.C. 1999-273, N.S. Reg. 60/99.

 

                (j)     “special baiting permit” means a permit issued by the Department permitting the holder to set out bait for the sole purpose of viewing or photographing bear.

Clause 2(j) added: O.I.C. 94-680, N.S. Reg. 137/94; replaced: O.I.C. 2010-245, N.S. Reg. 85/2010.


Type of licence/fees                                                                                                                  

3     (1)    The Minister may issue a stamp in the following form at the rates stated:

 

                (a)    Resident Bear Hunting Stamp                  $26.57

Clause 3(1)(a) amended: O.I.C. 1999-273, N.S. Reg. 60/99; O.I.C. 2015-96, N.S. Reg. 165/2015.

 

                (b)    Resident Bear Snaring Stamp                   $26.57

Clause 3(1)(b) amended: O.I.C. 1999-273, N.S. Reg. 60/99; O.I.C. 2015-96, N.S. Reg. 165/2015.

 

                (c)    Non-Resident Bear Hunting Stamp          $124.52

Clause 3(1)(c) amended: O.I.C. 1999-273, N.S. Reg. 60/99; O.I.C. 2015-96, N.S. Reg. 165/2015.

Subsection 3(1) replaced: O.I.C. 89-743, N.S. Reg. 90/89; amended and renumbered Section 3: O.I.C. 1999-273, N.S. Reg. 60/99; renumbered 3(1): O.I.C. 2005-235, N.S. Reg. 116/2005.

 

       (2)    Despite clauses (1)(a) and (1)(b), the Minister may issue a Resident Bear Hunting Stamp or a Resident Bear Snaring Stamp at no charge to a resident who is 65 years of age or older and shows proof of age and residency.

Subsection 3(2) repealed: O.I.C. 1999-273, N.S. Reg. 60/99; added: O.I.C. 2005-235, N.S. Reg. 116/2005.

 

       (3)    The Department may issue a special baiting permit at any time during the year at no charge.

Subsection 3(3) added: O.I.C. 2010-245, N.S. Reg. 85/2010.


Qualifications

4     (1)    Any resident eighteen years of age or over who is certified to hunt with a weapon under the Hunter Education, Safety and Training Regulations made under the Act may apply for a Resident Bear Hunting Licence.

Subsection 4(1) amended: O.I.C. 2006-365, N.S. Reg. 154/2006.

 

       (2)    Any resident eighteen years of age or over who is certified as a qualified fur harvester under the Hunter Education, Safety and Training Regulations made under the Act may apply for a Resident Bear Snaring Licence.

Subsection 4(2) amended: O.I.C. 94-680, N.S. Reg. 137/94; O.I.C. 2006-365, N.S. Reg. 154/2006.

 

       (3)    Any non-resident eighteen years of age or over who is certified to hunt with a weapon under the Hunter Education, Safety and Training Regulations made under the Act may apply for a Non-Resident Bear Hunting Licence.

Subsection 4(3) amended: O.I.C. 2006-365, N.S. Reg. 154/2006.

 

       (4)    It is an offence for a non-resident to snare for bear.

 

       (5)    No Bear Hunting Licence or Bear Snaring Licence shall be issued to any person under the age of sixteen years.

Subsection 4(5) amended: O.I.C. 94-680, N.S. Reg. 137/94.

 

       (6)    (a)    Any resident or non-resident over sixteen and under eighteen years of age may apply for a Resident or Non-Resident Bear Hunting Licence and any resident over sixteen and under eighteen years of age may apply for a Resident Bear Snaring Licence provided

 

                         (i)     the appropriate licence is acquired by the parent or guardian of the applicant at the fee prescribed; and

 

                         (ii)    the applicant and the parent or guardian both sign the licence.

Clause 4(6)(a) amended: O.I.C. 94-680, N.S. Reg. 137/94.

 

                (b)    Any person issued a Bear Hunting Licence or Bear Snaring Licence under clause (a) shall, while hunting or snaring, be under the immediate supervision of the parent or guardian or any other responsible person eighteen years or over who is certified under the Hunter Education, Safety and Training Regulations made under the Act to hunt with a weapon.

Clause 4(6)(b) amended: O.I.C. 94-680, N.S. Reg. 137/94; O.I.C. 2006-365, N.S. Reg. 154/2006, O.I.C. 2010-245, N.S. Reg. 85/2010.

 

       (7)    No person shall take, hunt or kill or attempt to take, hunt or kill bear with a weapon unless that person

 

                (a)    holds a valid Bear Hunting Licence; and

 

                (b)    is certified to hunt with the weapon under the Hunter Education, Safety and Training Regulations made under the Act.

Subsection 4(7) replaced: O.I.C. 2006-365, N.S. Reg. 154/2006; amended: O.I.C. 2010-245, N.S. Reg. 85/2010.

 

       (8)    No person shall snare for bear unless that person

 

                (a)    holds a valid Resident Bear Snaring Licence; and

 

                (b)    is certified as a qualified fur harvester under the Hunter Education, Safety and Training Regulations made under the Act.

Subsection 4(8) replaced: O.I.C. 2006-365, N.S. Reg. 154/2006.


Bear hunting open season

5     A person who holds a valid Bear Hunting Licence may take, hunt or kill or attempt to take, hunt or kill the bag limit for hunting bear regardless of sex with a weapon in all counties of the Province within the open season for hunting bear which is defined as the period from the second Monday of September until the end of the general open season for hunting deer specified in the Deer Hunting Regulations in any year, both dates inclusive.

Subsection 5(1) amended: O.I.C. 95-464, N.S. Reg. 89/95; amended and renumbered Section 5: O.I.C. 97-526, N.S. Reg. 105/97; amended: O.I.C. 2003-187, N.S. Reg. 103/2003; O.I.C. 2015-239, N.S. Reg. 287/2015.


Bear snaring open season

6     A person who holds a valid Resident Bear Snaring Licence may snare the bag limit for snaring bear regardless of sex in all counties of the Province within the open season for snaring bear which is defined as the period from October 1 to the date specified for the end of the general open season for hunting deer in the Deer Hunting Regulations made under the Act, both dates inclusive, including Sundays.

Section 6 amended: O.I.C. 2005-235, N.S. Reg. 116/2005; O.I.C. 2008-461, N.S. Reg. 379/2008.


Bag limit for bear

7     (1)    The bag limit for hunting bear with a weapon during the open season for hunting bear is one bear regardless of sex.

 

       (2)    The bag limit for snaring bear during the open season for snaring bear is two bear regardless of sex.

Subsection (2) amended: O.I.C. 2010-245, N.S. Reg. 85/2010.

 

       (3)    No person shall take, hunt or kill or attempt to take, hunt or kill or have in their possession a greater number of bear than the bag limits for bear prescribed in these regulations.

 

7A  Despite Section 5 and subsection 7(1), no person who holds a Bear Hunting Licence shall take, hunt or kill or attempt to take, hunt or kill a female bear that is accompanied by one or more cubs.

Section 7A added: O.I.C. 2003-187, N.S. Reg. 103/2003.


Tagging bear

8     (1)    When the holder of a Bear Hunting Licence or Resident Bear Snaring Licence kills a bear, that person shall immediately

 

                (a)    detach from the Bear Hunting Licence or Resident Bear Snaring Licence issued to that person the tag which forms part of the licence; and

 

                (b)    indicate the date of kill on the Bear Hunting Licence or Resident Bear Snaring Licence by cutting out both the outlined areas showing respectively the day and month of the kill.

 

       (2)    Subject to subsection (3), the holder of a valid Bear Hunting Licence or Resident Bear Snaring Licence shall ensure that the detached tag remains in or upon the bear carcass until it is prepared for consumption.

 

       (3)    The holder of a valid Bear Hunting Licence or Resident Bear Snaring Licence may keep the detached tag on their person provided the holder stays with the bear at all times while it is being transported.

 

       (4)    Except as provided in Section 8A for snaring bear in partnership, no person shall take, hunt, kill or snare or attempt to take, hunt, kill or snare a bear after the tag has been detached from the Bear Hunting Licence or Resident Bear Snaring Licence issued to that person.

Subsection 8(4) amended: O.I.C. 2008-461, N.S. Reg. 379/2008.


Snaring bear with partner

8A  (1)    In this Section, “partner” means a person snaring bear in partnership with another person in accordance with this Section.

 

       (2)    To snare bear in partnership, a person who holds a valid Resident Bear Snaring Licence must notify the Department in writing that they are snaring bear in partnership with another holder of a valid Resident Bear Snaring Licence named in the notice.

 

       (3)    A person may tend bear snares set by their partner.

 

       (4)    A person tending their partner’s snares must

 

                (a)    carry their partner’s Resident Bear Snaring Licence with them while tending the snares; and

 

                (b)    complete the necessary tagging requirements on behalf of their partner in accordance with these regulations.

Section 8A added: O.I.C. 2008-461, N.S. Reg. 379/2008.


Transporting bear

9     (1)    No person shall be in possession of or transport a bear carcass killed by another person unless

 

                (a)    it is possessed or transported during the open season when the bear was taken or one day immediately thereafter;

 

                (b)    the bear carcass has attached to it the tag of the valid Bear Hunting Licence or Resident Bear Snaring Licence issued to the person who killed the bear.

Clause 9(1)(b) amended: O.I.C. 89-743, N.S. Reg. 90/89.

Clause 9(1)(c) repealed: O.I.C. 1999-273, N.S. Reg. 60/99.

 

       (2)    No person who kills a bear shall permit it to be transported by another person without complying with this Section.

Original subsection 9(2) repealed and subsection (3) renumbered (2): O.I.C. 1999-273, N.S. Reg. 60/99.


Subsections 9(4) & (5) repealed: O.I.C. 1999-273, N.S. Reg. 60/99.


Hunting methods and equipment

10   (1)    (a)    No person shall snare for bear except with a cable foot snare.

Clause 10(1)(a) amended: O.I.C. 2005-235, N.S. Reg. 116/2005.

 

                (b)    No person shall snare for bear within 100 feet of the boundaries of any common or public highway.

 

                (c)    No person who has set a snare for bear shall fail to examine it at least once every day.

Clause 10(1)(c) amended: O.I.C. 89-743, N.S. Reg. 90/89.

 

                (d)    For the purpose of these regulations, “day” is defined as the time period between 12:01 a.m. and 11:59 p.m.

Clause 10(1)(d) added: O.I.C. 89-743, N.S. Reg. 90/89.

 

       (2)    No person shall set out bait for the purpose of attracting bears within the distances prohibited under the Firearm and Bow Regulations made under the Act for discharging a weapon near a school, dwelling or any other place listed in those regulations, unless the person has the consent of the owner or occupier of the place.

Subsection 10(2) replaced: O.I.C. 2010-245, N.S. Reg. 85/2010.


Subsection 10(3) repealed: O.I.C. 2013-217, N.S. Reg. 240/2013.

Subsection 10(4) repealed: O.I.C. 2013-217, N.S. Reg. 240/2013.

Subsection 10(5) repealed: O.I.C. 2010-245, N.S. Reg. 85/2010.


Information return

11   The holder of a Bear Hunting Licence or a Resident Bear Snaring Licence shall, not later than 2 weeks after the end of the season for which the licence was issued,

 

                (a)    complete and return to an area office of the Department an information return as required by the Minister; and

 

                (b)    where the licence holder has killed a bear, submit the lower jawbone or skull of the bear to an area office of the Department for extraction of a pre-molar tooth together with the completed information return required under clause (a).

Section 11 replaced: O.I.C. 2001-289, N.S. Reg. 77/2001.


Terms/conditions of licence

12   It shall be an offence for any person to contravene any term or condition contained on a Bear Hunting Licence or Resident Bear Snaring Licence.


Section 13 repealed: O.I.C. 97-526, N.S. Reg. 105/97.


Repeal of old regulations

14   Regulations made by Order in Council 87-959 dated the 18th day of August, 1987, respecting the snaring of bear are rescinded as and from the 1st day of May, 1988.


Effective date of new regulations

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


“firearm and bow” and “firearm or bow” replaced with “weapon”: O.I.C. 2010-245, N.S. Reg. 85/2010.