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Spectacle Island Game Sanctuary Designation and Regulations made under Sections 14 and 113 of the
R.S.N.S. 1989, c. 504
O.I.C. 95-333 (April 19, 1995), N.S. Reg. 65/95
The Governor in Council on the report and recommendation of the Minister of Natural Resources dated March 31, 1995, pursuant to Sections 14 and 113 of Chapter 504 of the Revised Statutes of Nova Scotia, 1989, the Wildlife Act, is pleased to, effective April 1, 1995,
(a) rescind Order in Council 69-639 dated June 30, 1969;
(b) declare the area described in Schedule "A" and shown on Schedule "B", both schedules attached to and forming part of the report and recommendation, a wildlife sanctuary to be known as Spectacle Island Game Sanctuary; and
(c) make regulations for the control of Spectacle Island Game Sanctuary and for the protection of wildlife and associated habitats therein in the form set forth in Schedule "C" attached to and forming part of the report and recommendation.
All and singular those certain lots, pieces and parcels of land and land covered by water commonly referred to as Spectacle Island, situate, lying and being off the shoreline of MacKay Point, in the County of Victoria, Province of Nova Scotia, and being more particularly described as follows:
Commencing at Nova Scotia Control Monument No. 2277 situate near Baddeck, Victoria County, Nova Scotia;
Thence 122° 30' 26" a distance of 2431 metres more or less to the point of beginning, said point situate 950 metres more or less seaward from the shoreline of MacKay Point;
Thence 111° 00' 00" a distance of 520.000 metres to a point;
Thence 21° 00' 00" a distance of 250.000 metres to a point;
Thence 291° 00' 00" a distance of 520.000 metres to a point;
Thence 201° 00' 00" a distance of 250.000 metres to the point of beginning.
Being and intended to be all that land contained within two islands, collectively known as Spectacle Island, and also that land covered by water and surrounding the said Spectacle Island contained within the afore-described perimeter boundary, said perimeter being approximately 100 metres from the ordinary high water mark of the said Spectacle Island and containing a total area of 13.0 hectares of land and land covered by water.
[Note: The map contained in Schedule "B" is not available in this format. Contact the Registry of Regulations for more information or to obtain a copy.]
1 These regulations may be cited as the "Spectacle Island Game Sanctuary Regulations".
2 In these regulations,
(a) "Act" means the Wildlife Act;
(b) "conservation officer" means any person designated a conservation officer pursuant to the Act or the Forests Act;
(c) "Department" means the Department of Natural Resources;
(d) "firearm" means any barrelled weapon from which any shot, bullet or other missile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm;
(e) "Minister" means the Minister of Natural Resources;
(f) "Sanctuary" means the Spectacle Island Game Sanctuary;
(g) "vessel" means a means of conveyance of a kind used on water and includes any accessory to the vessel.
3 (1) Except with a written permit from the Minister, no person within the limits of the Sanctuary shall
(a) take, hunt, kill or pursue or attempt to take, hunt, kill or pursue wildlife including the egg of any wildlife;
(b) destroy, disturb or molest in any way wildlife species or the habitat or nesting sites of any wildlife found therein;
(c) possess or use any firearm, trap, snare, or poison or possess any wildlife or the carcass or any part of any wildlife including the egg of any wildlife.
(2) Despite subsection (1), a licensed commercial fisherman may possess an encased firearm within the Sanctuary where such possession is otherwise lawful.
4 (1) No person shall enter or be within the limits of the Sanctuary or land upon the island within the Sanctuary during the period from April 15 to August 15, both dates inclusive, of any year.
(2) Despite subsection (1), a person may enter and be within the limits of the Sanctuary during the period referred to in subsection (1) if the person
(a) is a licensed commercial fisherman actively fishing the waters or retrieving lobster traps or other materials essential to the commercial fishing operations;
(b) is proceeding through the waters of the Sanctuary in a recreational vessel and is travelling at a rate of speed not greater than fifteen knots per hour;
(c) is in possession of written permission of the Minister; or
(d) is an employee of the Department and is acting in the execution of the personís duties.
5 (1) The Minister may issue a permit and may specify the terms and conditions upon which a permit is issued.
(2) The Minister may suspend, cancel or revoke a permit issued under subsection (1).
(3) It shall be an offence to fail to comply with the conditions of a permit.
6 Any person convicted of a violation of any of the provisions of these regulations shall incur a penalty of not less than five hundred dollars nor more than two thousand dollars.