Gros Morne National Park of Canada Snowshoe Hare Regulations (SOR/2005-205)

Regulations are current to 2014-04-02 and last amended on 2009-12-03. Previous Versions

Gros Morne National Park of Canada Snowshoe Hare Regulations

SOR/2005-205

CANADA NATIONAL PARKS ACT

Registration 2005-06-28

Gros Morne National Park of Canada Snowshoe Hare Regulations

P.C. 2005-1271 2005-06-28

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 17 of the Canada National Parks ActFootnote a, hereby makes the annexed Gros Morne National Park of Canada Snowshoe Hare Regulations.

INTERPRETATION

 The definitions in this section apply in these Regulations.

“Act”

“Act” means the Canada National Parks Act. (Loi)

“Chief Executive Officer”

“Chief Executive Officer” has the same meaning as in subsection 2(1) of the Parks Canada Agency Act. (directeur général)

“child”

“child” means a son or daughter of a person or an individual adopted in fact by a person. (enfant)

“community”

“community” means any of the following communities in the Province of Newfoundland and Labrador, namely, Birchy Head, Cow Head, Curzon Village, Glenburnie, Neddy Harbour, Norris Point, Rocky Harbour, St. Paul’s, Sally’s Cove, Shoal Brook, Trout River, Winter House Brook and Woody Point. (collectivité)

“eligible person”

“eligible person” means a person who, at the time of their application for and receipt of a snare permit, is a permanent resident of a community and who

  • (a) was, on August 13, 1973, at least 19 years of age and a permanent resident of the park or a community; or

  • (b) is the child of a person described in paragraph (a). (admissible)

“park”

“park” means Gros Morne National Park of Canada. (parc)

“possession”

“possession” has the same meaning as in subsection 4(3) of the Criminal Code. (possession)

“season”

“season” means the period for which snare permits are issued. (saison)

“snare”

“snare” means the act of capturing or attempting to capture an animal using a snare. (chasse au collet)

“snare permit”

“snare permit” means a permit issued under section 8. (permis de chasse au collet)

“snowshoe hare”

“snowshoe hare” means a member of the species Lepus americanus and includes any part of such an animal. (lièvre d’Amérique)

“superintendent”

“superintendent” means the superintendent of the park. (directeur)

APPLICATION

  •  (1) These Regulations apply to Gros Morne National Park of Canada.

  • (2) In the event of an inconsistency between these Regulations and any other regulation made under the Act, these Regulations prevail to the extent of the inconsistency.

 Sections 5 and 6 do not apply to the superintendent, a park warden, an enforcement officer or a peace officer while they are performing functions related to the management of the harvesting of snowshoe hare in the park or to any other person authorized by the superintendent while they are conducting scientific research in the park in respect of the snowshoe hare or the harvesting activity.

TRADITIONAL RENEWABLE RESOURCE HARVESTING ACTIVITY

 The snaring of snowshoe hare in the park is hereby specified to be a traditional renewable resource harvesting activity.

GENERAL PROHIBITIONS — SNARING AND POSSESSION

 No person shall snare snowshoe hare in the park unless they are the holder of a snare permit.

 No person shall possess snowshoe hare in the park unless

  • (a) the person is the holder of a snare permit and the snowshoe hare was snared in the park; or

  • (b) the person is the holder of a permit issued by the Province of Newfoundland and Labrador that entitles them to snare snowshoe hare outside the park, and the snowshoe hare was snared outside the park.

SNARE PERMITS

Application

 An application for a snare permit shall be submitted to the superintendent on the form provided by the superintendent and must include the following information:

  • (a) the name and date of birth of the applicant and the address of their permanent residence; and

  • (b) written evidence that the applicant is an eligible person.

Issuance

  •  (1) Subject to any other provisions of these Regulations and any determinations made under sections 15 to 17, the superintendent shall issue a permit to snare snowshoe hare in the park to an eligible person on application by that person in accordance with section 7.

  • (2) No person is entitled to obtain a snare permit for a given season if they are already the holder of a valid or suspended snare permit for that season or if, during the 12 months preceding the submission of the application, a snare permit previously issued to them was revoked.

  • (3) The permit holder shall sign the snare permit on receipt.

  • SOR/2009-322, s. 26.

Contents

  •  (1) Every snare permit shall contain the name and date of birth of the permit holder, the address of their permanent residence and

    • (a) a statement that the transfer or assignment of the permit is prohibited;

    • (b) a description of the duties of the permit holder as set out in sections 12 to 14;

    • (c) a statement that contravention of a condition of the permit constitutes an offence under subsection 24(3) of the Act; and

    • (d) any standard conditions that are specified by the superintendent, in accordance with sections 15 to 17, in respect of

      • (i) the duration of the permit,

      • (ii) the areas in the park in which the permit holder may snare snowshoe hare,

      • (iii) all or part of any of those areas, identified on the permit as areas in which the permit holder may snare snowshoe hare, in which the snaring of snowshoe hare is restricted for part of the duration of the permit,

      • (iv) the maximum number of snowshoe hare that may be snared and possessed by the permit holder in the season, and

      • (v) the method to be used by the permit holder to indicate their snares, snaring lines and trails.

      • (vi) and (vii) [Repealed, SOR/2009-322, s. 27]

  • (2) The superintendent may, when necessary to ensure the protection of snowshoe hare in the park and the preservation, control and management of the park, including the maintenance or restoration of its ecological integrity, include in all snare permits to be issued for a given season any supplementary conditions that may be required.

  • SOR/2009-322, s. 27.

Expiry

 A snare permit expires on the earliest of

  • (a) the expiry date stated on the permit,

  • (b) the day on which the permit is revoked, and

  • (c) the day on which the permit holder is no longer a permanent resident of the park or a community.

PROHIBITIONS — HOLDERS OF SNARE PERMITS

 No holder of a snare permit shall

  • (a) transfer or assign their snare permit;

  • (b) use a snare other than one that is constructed of metallic wire;

  • (c) set a snare in a manner capable of capturing an animal other than a snowshoe hare;

  • (d) subject to paragraph 12(e), set more snares than the maximum number of snowshoe hare that may be snared as set out in their snare permit;

  • (e) bait a snare with any bait other then naturally occurring flora;

  • (f) cut any flora with a trunk diameter that is greater than 7.5 cm measured at a height of 15 cm above the ground, for use in snaring snowshoe hare;

  • (g) cut or damage white pine (Pinus strobus), yellow birch (Betula alleghaniensis), black ash (Fraxinus nigra) or red maple (Acer rubrum);

  • (h) leave a snare unattended for more than 48 hours;

  • (i) snare snowshoe hare in an area of the park that has been closed to the snaring of snowshoe hare by the superintendent under section 16; or

  • (j) use snowshoe hare snared under their snare permit for any purpose other than for their own personal use — including as gifts — or the use of their household.

DUTIES OF HOLDERS OF SNARE PERMITS

 The holder of a snare permit shall

  • (a) carry their snare permit when they are snaring or in possession of snowshoe hare in the park;

  • (b) on request by the superintendent, a park warden, an enforcement officer or a peace officer, immediately produce for examination, as applicable, their snare permit, snares and any snowshoe hare in their possession;

  • (c) notify the superintendent, in writing as soon as possible, of any change in the address of their permanent residence;

  • (d) report, without delay, to a park warden, any accidental capture by the permit holder in any of their snares of an animal other than a snowshoe hare if that animal is wounded or dead; and

  • (e) after they snare one half of the limit of snowshoe hare specified in their permit, reduce the number of their snares so that the number of their snares does not at any subsequent time exceed the remainder of that limit.

  • SOR/2009-322, s. 28(F).
  •  (1) The holder of a snare permit shall remove their snares, snaring line indicators and trail indicators when the limit of snowshoe hare specified in the snare permit has been reached or, if that limit is not reached, before the expiry of the permit.

  • (2) If the permit holder fails to comply with subsection (1), the superintendent shall remove and dispose of the snares, snaring line indicators and trail indicators.

  • (3) The permit holder shall be responsible for all expenses incurred by the superintendent under subsection (2).

  •  (1) Within 30 days after the expiry of a snare permit, the permit holder shall return the permit to a park warden.

  • (2) The permit holder shall state the following information on the back of their snare permit before returning it:

    • (a) the number of snares set by the permit holder;

    • (b) the number of snowshoe hare snared by the permit holder;

    • (c) the areas in which the snowshoe hare were snared;

    • (d) the number of days during which the permit holder carried on the snaring activity under the permit; and

    • (e) any other information that the permit holder was required to record under a condition of the permit.

POWERS OF SUPERINTENDENT

 The superintendent shall, for the purposes of the conservation of snowshoe hare and the maintenance of the ecological integrity of the park, in respect of each season, determine those areas in the park in which the snaring of snowshoe hare will be permitted or restricted.

 The superintendent may, at any time, for purposes of management of the park, public safety or the conservation of natural resources, close areas of the park to the snaring of snowshoe hare for any period that the superintendent determines necessary.

 Based on the determinations made under sections 15 and 16, the superintendent shall, in respect of each season, determine

  • (a) the limit of snowshoe hare that may be snared under a snare permit; and

  • (b) the maximum number of snare permits to be issued for each area where the snaring of snowshoe hare will be permitted.

SUSPENSION AND REVOCATION

  •  (1) The superintendent may suspend a snare permit if the permit holder contravenes any provision of these Regulations or any condition of their permit.

  • (2) The superintendent shall reinstate a suspended snare permit

    • (a) if the contravention that led to the suspension has been corrected;

    • (b) after a period of 30 days from the date of the suspension, unless proceedings have been instituted before the end of that period in respect of the alleged contravention; or

    • (c) if proceedings are instituted, after the permit holder has been found not guilty of an offence in respect of the alleged contravention or after the proceedings against them have been discontinued.

  • (3) The superintendent shall revoke the snare permit if

    • (a) the permit holder is convicted of an offence in respect of a contravention of any provision of these Regulations or any condition of the permit; or

    • (b) except when the permit was reinstated under paragraph (2)(b) or (c), the permit has been suspended twice during the period for which it was issued.

DECISIONS OF THE SUPERINTENDENT

Notice

 If the superintendent refuses to issue a snare permit or suspends or revokes a snare permit, the superintendent shall, as soon as possible after making their decision, provide written notice of their decision, including reasons, to the applicant or permit holder, as applicable.

Review

  •  (1) Any person to whom the superintendent has refused to issue a snare permit, or whose snare permit has been suspended or revoked by the superintendent, may request a review of the superintendent’s decision by submitting a request in writing to the Chief Executive Officer within 30 days after receipt by that person of the notice referred to in section 19.

  • (2) On receipt of the written request for review, the Chief Executive Officer shall require that the superintendent issue or reinstate the snare permit if the Chief Executive Officer reaches a decision that differs from the superintendent’s decision with respect

    • (a) in the case of a refusal, to the requirements and matters to be considered under sections 7 and 8; and

    • (b) in the case of a suspension or revocation, to the reasons set out in section 18.

  • (3) The Chief Executive Officer shall provide written notice of their decision, including reasons, to the person who requested the review.

CONSEQUENTIAL AMENDMENT TO THE NATIONAL PARKS WILDLIFE REGULATIONS

 [Amendment]

COMING INTO FORCE

 These Regulations come into force on October 1, 2005.