WILDLIFE ACT - LOI SUR LA FAUNE ET LA FLORE

The Commissioner in Executive Council under sections 195 and 201 of the Wildlife Act, makes the annexed Reporting Regulations.

	[Insert French version]

Dated,
Fait le ………………………….…… 2006.

...................................................
Ann Meekitjuk Hanson
Commissioner of Nunavut
Commissaire du Nunavut

WILDLIFE ACT

REPORTING REGULATIONS

Interpretation

1.	In these regulations,

“acceptable biological evidence of age” means evidence acceptable under section 5 or 6;

“acceptable biological evidence of sex” means evidence acceptable under section 4 or 6;

“contact information”, in respect of a person, means that person’s full name, address and telephone number;

“record” means a written record required to be prepared or submitted by or under the Act, including these regulations;

“report” means a written or oral report required to be prepared or submitted by or under the Act, including these regulations.

General Requirements

2.	(1) Unless otherwise specifically provided, each record or report must be in a form approved by the Minister.

	(2) Unless otherwise specifically provided, a report must be submitted to a conservation officer.

	(3) Each record or written report must be retained by the person who was required to prepare it until the later of
			(a)	three years after the date on which the record or report was created; and
			(b)	the final disposition of any proceeding to which the report or record may be relevant.

Biological Evidence of Sex and Age

3.	For greater certainty, a person who kills wildlife to preserve a human life, protect a person's property or prevent starvation in accordance with section 97 of the Act is not required to do more than comply with the requirements of section 100 of the Act in respect of that kill.

4.	(1) The provisions of this section are to be used when determining the sex of game.

	(2) The following is acceptable biological evidence of the male sex of big game:
			(a)	the antlers or horns;
			(b)	the penis, testicles or baculum.

	(3) The following is acceptable biological evidence of the female sex of big game:
			(a)	the antlers or horns;
			(b)	the uterus or udder.

	(4) The following wildlife are presumed to be female in the absence of any evidence of its sex:
			(a)	grizzly bear;
			(b)	muskox, if the muskox was harvested from a population where the total allowable harvest is based on the sex of the muskox;
			(c)	Peary Caribou, if the caribou was harvested from a population where the total allowable harvest is based on the sex of the caribou;
			(d)	polar bear.

5.	(1) The provisions of this section are to be used when determining the age of game.

 	(2) The following is acceptable biological evidence of the age of a polar bear or grizzly bear:
			(a)	the degree of canine tooth eruption for a bear under one year of age;
			(b)	counting the annual growth rings of an undamaged post-canine tooth for bears older than one year of age.

	(3) For the purposes of determining the age of polar bears, a polar bear is deemed to be three years old on the first day of the January that follows the third summer after its birth.

6.	The expert testimony of a wildlife biologist, or other scientist, or a Qaujimanilik may be used as evidence of the sex or age of game, if no acceptable biological evidence of the sex or age of game is available.

Commercial Record Keeping and Reporting

7.	(1) Each person who holds a taxidermist licence, tanning licence or dealer licence, shall, immediately upon receiving wildlife, whether directly or indirectly, prepare a record of what was received describing
			(a)	the total number of wildlife of each species acquired;
			(b)	the date of receipt of the wildlife;
			(c)	the contact information of the person from whom wildlife or parts of them were acquired; and
			(d)	the type of licence and its number, or the enrolment number, of the harvester and any tag number, under which the wildlife was harvested.

	(2) Paragraph (1)(d) does not apply to a person who purchases wildlife from a person other than the person who harvested the wildlife.

	(3) The person referred to in subsection (1) shall, each month, prepare and submit a written report summarizing the record in respect of the licensed activity that occurred during the month.

(4) The report must be submitted within 10 days after the end of the month, even if no transactions are carried out in the month.

	(5) This section applies to an Inuk who is operating a business or facility to traffic in wildlife and who, but for being an Inuk, would otherwise be required to hold a dealer’s licence.

8.	(1) The holder of a harvesting instruction licence shall prepare and submit a written report containing
			(a)	the results of the course;
			(b)	a description of the sex, location, species and quantity of any wildlife that was harvested;
			(c)	the disposition of any wildlife harvested during the course; and
			(d)	such further information as the Superintendent may require.

	(2) The report must be submitted within 30 days after the end of the harvesting instruction course.

9.	(1) The holder of a research permit shall prepare and submit a written report containing
			(a)	an account of the research conducted under the licence;
			(b)	a description of the sex, location, species and quantity of any wildlife that was harvested or handled or from which specimens were taken; and
			(c)	such further information as the Superintendent may require.

	(2) The report must be submitted within such period of time as the permit requires.

	(3) If the results of the research are published, the holder of the research permit shall submit a copy of the publication to the Superintendent as soon as practicable.

10.	The holder of a harvesting instruction licence or a research permit shall send a copy of his or her report to the HTO in the locality where the activity took place.

11.	(1) The holder of a live possession licence shall prepare and submit a written report containing 
			(a)	a description of how the wildlife came into possession and any attempt at taking possession of wildlife;
			(b)	a description of the sex, location or source, species and quantity of the wildlife taken into possession;
			(c)	the method of capture; and
			(d)	such further information as the Superintendent may require.

	(2) The report must be submitted, as soon as practicable after the earlier of
			(a)	the last date of any capture of wildlife possessed under the licence; or
			(b)	the date the licence expires.

12.	(1) The holder of an animal husbandry licence shall prepare and submit a report respecting the wildlife held under the licence containing
			(a)	the common name of the wildlife;
			(b)	the number, sex, age and condition of the wildlife;
			(c)	the name and address of the person or organization who provided the wildlife;
			(d)	the contact information of the person or organization to whom the wildlife was provided, if any;
			(e)	the number of the licence, or enrolment number, and tag numbers under which the wildlife was captured;
			(f)	the number of any licence under which the wildlife was transported or imported;
			(g)	the manner, form, location and date of marking of wildlife taken from the wild; and
			(h)	a description of any loss or disposition of wildlife.

	(2) The report must be submitted at such times as the permit requires.

13.	The holder of live possession licence or animal husbandry licence shall, not later than 5 days after any escape of wildlife possessed under the authority of the licence, submit a written report of the escape.

14. 	(1) A vendor shall prepare and keep a record of each transaction that he or she is authorized to make pursuant to his or her vendors agreement.

	(2) A vendor shall, each month, prepare and submit a written report of transactions containing
			(a)	the number of each type of licence or tag issued by the vendor during that month;
			(b)	a financial statement that accurately states the amount of each transaction the vendor made during the month; and
			(c)	such further information as the Superintendent may require.

	(3) The report must be submitted within 10 days after the end the month, even if no transactions are carried out in the month.

15.	(1) A big game outfitter shall, in respect of each client, prepare and keep a record containing
			(a)	the contact information and harvesting licence number of the client;
			(b)	the name of each guide used by the client;
			(c)	the number, species, sex, date and location of any big game harvested by the client; and
			(d)	the tag numbers of any big game harvested by the client.

	(2) A big game outfitter shall submit, to the Superintendent, a copy of the record within 30 days after the date the licence expires.

Individual Harvesting Reports

16.	(1) This section applies to any person who harvests 
			(a)	a bird of prey; or
			(b)	any species for which a total allowable harvest has been established.

	(2) This section does not apply to a person who engages in commercial harvesting or large scale harvesting above the prescribed rate or quantity.

	(3) A person harvesting wildlife shall submit a report containing
			(a)	the person's contact information;
			(b)	the person's hunting licence number or enrolment number;
			(c)	the tag numbers, if any;
			(d)	the date and location where the wildlife was harvested;
			(e)	acceptable biological evidence of the sex of the wildlife, except for a bird of prey;
			(f)	a description of the age of the wildlife and its general condition;
			(g)	whether the wildlife was alone or with a group of other wildlife when harvested;
			(h)	the purpose of the harvest; and
			(i)	such further information as the Superintendent may require.

	(4) The report may be submitted either orally or in writing and must be submitted as soon as reasonably practicable after the wildlife is harvested.

	(5) A person who harvests the wildlife with the assistance of a guide may authorize the guide to prepare and submit the report on his or her behalf.

Specimens

17.	(1) A person who harvests a polar bear shall ensure that the following are provided to a conservation officer as soon as practicable after the bear is killed:
			(a)	the lower jaw of the bear, with the teeth;
			(b)	any lip tattoos and ear tags of the bear that may be present;
			(c)	acceptable biological evidence of the bear’s sex.

	(2) A person who harvests a grizzly bear shall ensure that the following are provided to a conservation officer as soon as practicable after the bear is killed:
			(a)	the bear’s skull or lower jaw, with teeth;
			(b)	acceptable biological evidence of the bear’s sex.

	(3) A person who harvests a muskox shall ensure that acceptable biological evidence of the muskox’s sex, if the muskox was harvested from a population where the total allowable harvest is based on the sex of the muskox is provided to a conservation officer as soon as practicable after the muskox is killed.

	(4) A person who harvests a wolverine shall ensure that the following are provided to a conservation officer as soon as practicable after the wolverine is killed:
			(a)	the skull, with teeth;
			(b)	acceptable biological evidence of the wolverine’s sex.

	(5) A person who harvests a Peary Caribou shall ensure that acceptable biological evidence of the caribou’s sex, if the caribou was harvested from a population where the total allowable harvest is based on the sex of the caribou, is provided to a conservation officer as soon as practicable after the Peary Caribou is killed.

	(6) A person who harvests a bird of prey shall ensure that the following are provided to a conservation officer as soon as practicable after the bird of prey is killed:
			(a)	the length of the bird;
			(b)	the band number of the bird, if any.

18.	(1) The Superintendent shall compensate a person who provides a polar bear specimen required by subsection 17(1) at the following rates:
			(a)	lower jaw or skull:		$45.00;
			(b)	ear tags:			$30.00;
			(c)	lip tattoos:			$40.00;
			(d)	baculum:			$100.00.

	(2) Any polar bear or grizzly specimen required by paragraphs 17(1)(a) or (d) or (2)(a) that is received or taken from a person must be returned to that person after the laboratory analysis of the specimen is complete if
			(a)	the person requests its return; and
			(b)	possession of the specimen by the person would be lawful.

19.	For the purposes of section 100 of the Act, the valuable parts of an animal that must be delivered or reported to a conservation officer are the parts that are not to be wasted, destroyed, abandoned or allowed to spoil under subsection 76(2) of the Act.

Large Scale Harvesting

20.	(1) This section applies to a person who engages in commercial harvesting or large scale harvesting above the prescribed rate or quantity.

	(2) The person harvesting the wildlife shall prepare and submit a written report containing
			(a)	the person's contact information;
			(b)	the person's harvesting licence number or enrolment number;
			(c)	the licence or enrolment numbers of all other persons harvesting the wildlife;
			(d)	the date and location where the wildlife was harvested;
			(e)	a description of the sex, species and quantity of the wildlife harvested;
			(f)	the disposition of the wildlife harvested; and
			(g)	such further information as the Superintendent may require.

	(3) The report must be submitted, as soon as practicable after the earlier of
			(a)	the last date of the harvest of wildlife under the licence; or
			(b)	the date the licence expires.