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Canadian Amphibian and Reptile Conservation Network - Réseau Canadien de Conservation des Amphibiens et des Reptiles

Legal Protection for Amphibians and Reptiles 
in New Brunswick

This page contains information on the:


PLEASE Note the following throughout this document :

  1. A "..." means that part of the original legislation has been omitted in order to keep the focus on reptiles and amphibians. Only sections pertaining directly or indirectly to reptiles and amphibians have been included

  2. If you are interested in other wildlife, do not refer to this text as important sections have likely been omitted.

  3. Otherwise the legislation is the original text in order to prevent any possible complications due to a change of wording.

  4. Where a brief explanation was deemed necessary and anywhere else we added words that do not appear in the original Act the text has been italicized.

  5. Other areas have been bolded to highlight important words

  6. Blue words and numbers are links, click on them to visit the website or location they describe

_________________________________________

Endangered Species Act
The following is text and excerpts pertaining to reptiles and amphibians from:

CHAPTER E-9.101
Endangered Species Act

Assented to March 22, 1996
Proclaimed and came into force April 30, 1996.
Consolidated to June 30, 1996.

The Endangered Species Act at: www.gov.nb.ca/acts/acts/e-09-101.htm

Chapter Outline
1: Definitions
3: Prohibitions
4: Exceptions

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1 In this Act:

"endangered species" means any indigenous species of fauna or flora threatened with imminent extinction or imminent extirpation throughout all or a significant portion of its range and designated by regulation as endangered;

"regionally endangered species" means any indigenous species of fauna or flora threatened with imminent extirpation throughout all or a significant portion of its range in the Province and designated by regulation as regionally endangered;

"species" means any species, subspecies, race or other taxonomic category below the rank of species.

Act binds Crown
2
This Act binds the Crown in right of the Province.

Prohibitions
3 Subject to section 4, no person shall
(a) possess a member or any part of a member of an endangered species or regionally endangered species,

(b) wilfully or knowingly kill, injure, disturb or interfere with a member or any part of a member of an endangered species or regionally endangered species,

(c) wilfully or knowingly attempt to kill, injure, disturb or interfere with a member or any part of a member of an endangered species or regionally endangered species,

(d) wilfully or knowingly destroy, disturb or interfere with the nest, nest shelter or den of a member of an endangered species of fauna or regionally endangered species of fauna,

(e) wilfully or knowingly attempt to destroy, disturb or interfere with the nest, nest shelter or den of a member of an endangered species of fauna or regionally endangered species of fauna,

(f) wilfully or knowingly destroy, disturb or interfere with the critical habitat of a member of an endangered species or regionally endangered species, or

(g) wilfully or knowingly attempt to destroy, disturb or interfere with the critical habitat of a member of an endangered species or regionally endangered species.

Exceptions
4(1) The Minister may
(a) authorize a game warden, a deputy game warden or an assistant game warden to kill or to remove and relocate a member of an endangered species or regionally endangered species, and

(b) subject to such terms and conditions as the Minister considers appropriate, issue a permit for the collection of members of an endangered species or regionally endangered species for scientific purposes relating to the propagation of the endangered species or regionally endangered species.

NEW BRUNSWICK REGULATION 96-26
under the ENDANGERED SPECIES ACT
(O.C. 96-423)
Filed April 25, 1996
Consolidated to June 30, 1996.

Under section 8 of the Endangered Species Act, the Lieutenant-Governor in Council makes the following Regulation:

1 This Regulation may be cited as the Endangered Species Regulation - Endangered Species Act.

2(1) The following species of fauna are designated as endangered:
(a) Leatherback Turtle (Dermochelys coriacea);

Note: For more information on the Leatherback Turtle, please visit:
www.speciesatrisk.gc.ca./species/english/searchdetail.cfm?speciesID=274

5 This Regulation comes into force on April 30, 1996.

NOTES ON SPECIES OF SPECIAL CONCERN:
Amphibians and Reptiles are considered "wildlife" in New Brunswick and as such are automatically protected unless a specific harvest season is laid out (like there is for game fish and fur bearers). The province may also "flagged' some species as of "special concern and these species are routinely considered in Environmental Impact Assessments.

The species of special concern or species regarded as sensitive would be flagged in the screening process of a proposed development project. Proponents have been made to alter projects to protect sensitive sites for vascular plants and the potential exists to ask for protection of sensitive sites for amphibians and reptiles through the Environmental Review Processes. The most probable triggers for an environmental review process are project size (large projects) or potential impact to a well known site for sensitive specie

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Wildlife Act

If you have any questions regarding this Act please contact:
Manager of Enforcement
Brian Jenkins - 506-453-2488
brian.jenkins@gov.nb.ca

The Fish and Wildlife Act may be found online at: www.gov.nb.ca/acts/acts/f%2D14%2D1.htm

A complete List of the Statutes of New Brunswick is at: www.gov.nb.ca/justice/asrlste.htm


The following is text and excerpts pertaining to reptiles and amphibians from:

NEW BRUNSWICK
CHAPTER F-14.1 Fish and Wildlife Act
Assented to July 16, 1980
Consolidated to March 31, 2000.

CHAPTER OUTLINE (of chapters included in this summary)

1(1) Definitions
1(2) Possession

2 Application of Act

Ownership
3 Ownership of wildlife and fish

Fish and Wildlife Offences
32-34 Hunting and fishing offences
38 Permit respecting wildlife
38.1 Offences respecting exotic animals
39 Offences respecting wildlife
39.1 Offence respecting hunting on weekly day of rest
43 Hunting offences
44 Offences respecting exporting of wildlife
45 Hunting in wildlife refuge
48 Dogs

Sale and Possession
51 Offence respecting sale of wildlife
52 Offence by proprietor or manager of hotel, restaurant respecting wildlife
53 Exemptions
55 Exemption respecting registered guests
60 Offences respecting carcass after open season
61 Permit to retain carcass, offence
62 Transfer permit, offence

Posting of Lands
80 Prohibition against hunting on posted land
80.1 Liability for trespass

Licenses and Permits
83 Licenses and permits
89 Taxidermist license
90 Wildlife permit
90.1(1) Special permit respecting exotic animals in
captivity
90.1(2) Confiscation of exotic animals in certain circumstances
91 Export permit

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1(1) In this Act

"Crown Lands" means all or any part of the lands vested in the Crown that are under the administration and control of the Minister and includes any water upon or under the surface of such lands;

"exotic wildlife" means all … vertebrates that are not indigenous to the Province and that in their natural habitat are usually wild by nature, and includes any part of such … vertebrates;

"hunting" means taking, wounding, killing, chasing, pursuing, capturing, following after or on the trail of, searching for, shooting at, stalking or lying in wait for any wildlife, whether or not the wildlife is subsequently captured, wounded or killed;

"licence" means any licence or permit issued under this Act or the regulations and includes any type of tag, validation sticker, certificate, permission, authorization or other document issued or given by the Minister under and for the purposes of this Act or the regulations, whether issued with a licence or permit or separately;

"Minister" means the Minister of Natural Resources and Energy and includes any person designated by him to act on his behalf;

"night" means that period of time elapsing between one-half hour after sunset and one-half hour before sunrise of the following day;

"open season" means the time in any year during which wildlife may lawfully be hunted, snared or trapped or during which fish may be angled;

"park" means any public or privately owned area that is set aside for recreational use by the public, whether for a fee or gratuitously given, and includes any campground, trailer or vehicle parking area, beach, bathing or picnic area;

"pelt" means the untanned skin of any wildlife…

"possession" includes the right of control or disposal of any article, irrespective of the actual possession or location of such article;

"resort of wildlife" means any waters or lands, including highways or roads, that are frequented by wildlife;

"snare" means any device for the taking of wildlife or fish whereby they are caught in a noose;
"snares" means to take or attempt to take wildlife by means of a snare;
"snaring" means taking or attempting to take wildlife by means of a snare;

"take" when used in relation to fish or wildlife includes the capturing or the taking into possession of fish or wildlife whether dead or alive;

"taxidermist" means a person who carries on the craft of preparing, preserving, stuffing or mounting the heads, pelts, hides or skins of any fish or wildlife;

"trap" means any spring trap, gin, deadfall box or net used to capture wildlife;
"trapping" means taking or attempting to take wildlife by means of a trap;
"traps" means to take or attempt to take wildlife by means of a trap;

"water" or "waters", or "Provincial water" or "Provincial waters", means such of the waters upon any shore or land, or on or in any lake, river, stream, bay, estuary, tidal water or watercourse, wholly or partially within the Province, over or in respect of which the Legislature has authority to legislate;

"weekly day of rest" means Sunday;

"wildlife" means
(a) any vertebrate … excluding fish, that is wild by nature in the Province; and
(b) any exotic wildlife that has been introduced into the wild in the Province, and includes any part of such animal …;

"wildlife refuge" means an area designated as such by the Lieutenant-Governor in Council;

1(2) For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly;
(i) has it in the actual possession or custody of another person; or
(ii) has it 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) where one of two or more persons, with the knowledge and consent of the other or others, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.

2 This Act applies to all hunting… rights of hunting, … and all matters relating thereto, except that this Act, and any lease, licence, permit or regulation issued or made hereunder, shall not authorize or be deemed to authorize any interference with the navigation of any navigable water.

OWNERSHIP

3(1) The property of all wildlife … within the Province, while in the state of nature, is hereby declared to be vested in the Crown in right of the Province, and no person shall acquire any right or property therein otherwise than in accordance with this Act and the regulations.

FISH AND WILDLIFE OFFENCES

32(1) Every person commits an offence who

(d) hunts, traps, snares …for more than the number of animals … of a species of wildlife … that the person is authorized to hunt, trap, snare …for under the licence issued to the person by the Minister;

(e) kills or attempts to kill any wildlife… by the use of poison.

32(2) Paragraph (1)(e) does not apply to a person who uses or applies a pesticide in accordance with the
Pesticides Control Act.

33(1) Subject to subsection (3), every person commits an offence who
(a) hunts wildlife in the night,
(b) hunts wildlife by means of or with the assistance of a light or lights, with or without the intent then or subsequently to capture, kill or wound wildlife,

33(2) A person or an association of persons may apply to the Minister, subject to and in accordance with the
regulations, for a permit to do any, or any combination of, the following:
(a) to use, be assisted by or be accompanied by any dog or type or breed of dog when or for the purpose of hunting wildlife…;
(b) to train any dog or type or breed of dog to hunt wildlife…;

34(1) In this section
"private land" means all land within the Province, excepting
(a) Crown Lands, and
(b) any other land that is under the administration and control of a department, as defined in subsection 1(1) of the Financial Administration Act, or a Crown Corporation or other agency of the Province, including any water upon or under the surface of such land.

34(2) Every person commits an offence who
(a) hunts wildlife, … unless authorized by licence issued under this Act or the regulations,
NO reptiles or amphibians may be hunted without a licence or authorization !

34(3) Every person commits an offence who
(a) traps or snares wildlife,… unless authorized by licence issued under this Act or the regulations, or

34(6) A person may apply in writing to the Minister for written authorization to hunt, trap, snare, remove or
relocate any wildlife … that may cause damage to private property or injury to owners of private property
or owners or occupants of private land.

34(7) Notwithstanding subsections (2) and (3), the Minister, if satisfied that the hunting, trapping, snaring, removal or relocation of wildlife proposed under subsection (6) is necessary for the prevention of damage to private property or injury to owners of private property or owners or occupants of private land, may give written authorization to the applicant, authorizing the applicant to hunt, trap, snare, remove or
relocate the wildlife, in accordance with the regulations and with the terms and conditions set out in the written authorization.

38(1) Every person who, without a permit issued under paragraph 90(1)(a) or (d), takes any wildlife …into captivity or keeps it in captivity commits an offence. 
NO native, wild Reptiles or Amphibians may be kept in captivity without a license or authority !

38(2) Every person who, without a permit issued under paragraph 90(1)(c), releases from captivity in the
Province any wildlife commits an offence.

38.1(1) Every person who,
(a) without a permit issued under paragraph 90.1(1)(a), imports into the Province exotic wildlife,
(b) without a permit issued under paragraph 90.1(1)(b), keeps exotic wildlife in captivity,
(c) fails to comply with the terms and conditions of a permit issued under paragraph 90.1(1)(a) or (b), or
(d) without a permit issued under paragraph 90.1(1)(c) releases exotic wildlife from captivity or releases exotic wildlife from captivity contrary to the terms and conditions of a permit issued under paragraph 90.1(1)(c),
commits an offence.

38.1(2) Notwithstanding subsection (1), a person may, without a permit issued under paragraph 90.1(1)(a) or
(b), import into the Province or keep in captivity those species or subspecies of exotic wildlife that are
excluded from the operation of paragraph (1)(a) or (b) by regulation.

39 Every person commits an absolute liability offence who at any time hunts, traps or snares

(b) wildlife in any wildlife refuge or park unless within an area set aside for the hunting, snaring or trapping of animals under or pursuant to regulations made under subsection 16(1) of the Parks Act.

39.1(1) Subject to subsection (2), every person who hunts wildlife on a weekly day of rest commits an absolute
liability offence.

39.1(2) Subsection (1) does not apply to
(c) a person acting under and in accordance with written authorization given under subsection 34(7).

44(1) Every person commits an offence who exports or attempts to export out of the Province any live wildlife,
or the green hide or pelt, or carcass or any part thereof, of wildlife, except where he is the holder of an
export permit issued under paragraph 90(1)(b) or subsection 91(1).

44(2) Notwithstanding subsection (1), the holder of a valid non-resident licence issued under this Act and
regulations may export from the Province any wildlife lawfully taken by him.

44(3) Every common carrier who transports out of the Province any live wildlife, or the green hide or pelt, or
carcass or any part thereof, of wildlife, except that which is authorized to be exported by this Act and
regulations, commits an offence.

45(1) Subject to subsection (2), every person commits an offence who at any time hunts, traps or snares any
wildlife within the limits of a wildlife refuge.

45(2) Notwithstanding subsection (1), the Minister may issue a licence authorizing a person to take or kill
wildlife within the limits of a wildlife refuge where in his opinion conditions warrant.

48(1) Every person commits an offence who at any time allows a dog to run at large in a resort of wildlife.

48(2) Subsection (1) does not apply to a person who is
(b) carrying out an activity involving the dog under and in accordance with a permit issued to the person under subsection 33(3).

SALE AND POSSESSION

51(1) Every person commits an offence who at any time
(a) offers or exposes for sale, or purchases or offers to purchase, the carcass or any part thereof of wildlife; or

52 Every person commits an offence who at any time
(a) being the proprietor or manager of a hotel, inn, restaurant or boarding house
(i) advertises wildlife on the menu or bill of fare;
(ii) serves cooked wildlife or a dish composed in whole or in part of wildlife; or
(iii) has wildlife on the premises,

and it is prima facie proof that the proprietor or manager has possession of the wildlife if the wildlife is found on the premises of the hotel, inn, restaurant or boarding house; or

(b) being the proprietor or manager of a store, shop, market stand or stall sells, offers or exposes for sale, or purchases or offers to purchase, the carcass or any part thereof of any wildlife.

53 The prohibitions in paragraph 51(a) and section 52 do not apply to
(b) the activities authorized under licence by section… 89.

55 Notwithstanding section 52…, the proprietor or manager of a hotel, inn, restaurant or boarding house may
prepare and serve… wildlife and have possession of …wildlife for such purpose if the … wildlife
is prepared for a registered guest who has caught the … wildlife in accordance with this Act.

60 … every person commits an offence who has in his possession the green hide or pelt, or carcass or any part
thereof, of wildlife two days after the close of the open season for wildlife, other than at his residence or in a
cold storage plant.

61 Every person commits an offence who has in his possession or keeps in cold storage the green hide or pelt, or carcass or any part thereof, of any wildlife except bear, moose or deer between the fifteenth day after the close of the open season for any such wildlife in any year and the first day of the open season for such wildlife then next following unless he is the holder of a permit issued under the regulations authorizing him to have in his possession or to keep in cold storage the parts of wildlife hereinbefore mentioned.

62 Every person commits an offence who at any time has in his possession or keeps in cold storage the green hide or pelt, or carcass or any part thereof, of wildlife which he did not take in accordance with this Act and the regulations, except where authorized by a transfer permit under subsection 91(2).

POSTING OF LANDS

80(1) An owner may post signs or cause signs to be posted on land to indicate that within the posted area any or all of the following activities are prohibited:
(a) shooting,
(b) hunting, or
(c) trapping or snaring.

80(3) An owner may post signs or cause signs to be posted on land to indicate that within the posted area any or all of the following activities are allowed if permission is obtained from the owner:
(a) shooting,
(b) hunting, or
(c) trapping or snaring.

LICENCES AND PERMITS

83 The Minister may issue a licence or permit authorizing the holder to hunt, trap or snare any species of wildlife,… subject to such conditions as are prescribed therein or in the regulations.

89(1) The Minister may issue a licence to any person, authorizing that person to carry on the craft of a taxidermist at the place and in the premises described in the licence.

89(2) Notwithstanding any other provision of this Act, the licence issued by the Minister under subsection (1) authorizes the holder to
(a) be in possession for the purpose of carrying on the craft of a taxidermist of the carcass of fish or wildlife or any part thereof that has been lawfully taken pursuant to this Act,
(b) sell, exchange or barter preserved fish or wildlife specimens; and
(c) sell, exchange or barter portions of fish or wildlife specimens prepared as trophies.

90(1) Subject to and in accordance with the regulations, the Minister may issue a permit authorizing

(a) a person to capture or obtain any wildlife and to keep it in captivity within the Province,
(b) a person who is the holder of a permit issued under paragraph (a), to export out of the Province any wildlife kept in captivity by the person,

(c) a person who is the holder of a permit issued under paragraph (a), to release from captivity any wildlife kept in captivity by the person,

(d) a person to take, capture or kill any wildlife, or to keep any wildlife that has been accidentally killed, for preservation as specimens of natural history or for scientific investigation, or

(e) a person to keep any wildlife that has been accidentally killed, for preservation as specimens for personal enjoyment.

90(2) Subject to this Act and the regulations, no person shall take wildlife except during the open season for that
wildlife.

90(3) Every person who, on the commencement of this subsection, is keeping any wildlife that has been
accidentally killed, (this pertains to all wildlife, including wildlife that is found dead) for preservation as a specimen of natural history, for scientificinvestigation or for preservation as a specimen for personal enjoyment, shall, within six months after the commencement of this subsection, obtain a permit from the Minister under paragraph (1)(d) or (e), as the case may be, authorizing the person to keep the wildlife.

90.1(1) The Minister may

(a) issue a permit authorizing a person to import into the Province exotic wildlife and prescribe the terms and conditions under which exotic wildlife may be imported into the Province,

(b) issue a permit authorizing a person to keep exotic wildlife in captivity and prescribe the terms and conditions under which exotic wildlife may be kept in captivity, or

(c) issue a permit authorizing a person to release exotic wildlife from captivity and prescribe the terms and conditions under which exotic wildlife may be released from captivity.

90.1(2) Where, in the opinion of the Minister, a person

(a) has imported exotic wildlife into the Province without a permit or has imported exotic wildlife into the Province contrary to the terms and conditions of a permit issued under paragraph (1)(a),

(b) is keeping exotic wildlife in captivity without a permit or is keeping exotic wildlife in captivity contrary to the terms and conditions of a permit issued under paragraph (1)(b), or

(c) will release exotic wildlife from captivity without a permit or will release exotic wildlife from captivity contrary to the terms and conditions of a permit issued under paragraph (1)(c),the Minister may confiscate the exotic wildlife, other than the species or subspecies of exotic wildlife that are excluded from the operation of paragraphs 38.1 (1)(a) and (b) by regulation, and may dispose of it as the Minister considers fit, and no person shall be entitled to, or have any claim or right to, any indemnity or compensation in respect of the confiscation.

91(2) The Minister may issue a transfer permit authorizing a person for a period of time not extending beyond
the thirtieth day of June next following the issuance of the transfer permit to have in his possession at his
residence or in a cold storage plant the green hide or pelt, or carcass or any part thereof, of wildlife
lawfully killed.

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Legal Protection For Amphibians and Reptiles in Other Provinces:

 

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