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Small Game Hunting Regulations

made under Section 113 of the

Wildlife Act

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

O.I.C. 87-957 (August 18, 1987, effective August 19, 1987), N.S. Reg. 166/87

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 175/2015


Citation

1     These regulations may be cited as the Small Game Hunting Regulations.


Definitions

2     In these regulations

 

                (a)    “Act” means the Wildlife Act;

Clause 2(a) amended: O.I.C. 92-701, N.S. Reg. 142/92.

 

                (aa)  “base licence” means a licence issued by the Department consisting of a licence card and a current wildlife habitat stamp;

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

 

                (ab)  “crossbow” means a crossbow as defined in the Firearm and Bow Regulations made under the Act;

Clause 2(ab) added: O.I.C. 2013-245, N.S. Reg. 268/2013.

 

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

Clause 2(b) amended: O.I.C. 92-701, N.S. Reg. 142/92.

 

                (c)    “Dog Field Trial Permit” means a permit issued under Section 43 of the Act;

 

                (d)    “gallinaceous bird” means all species of grouse, partridge, pheasant, quail, ptarmigan, wild turkey and the eggs of all such species;

 

                (e)    “game bird” means a wild gallinaceous bird or a migratory game bird as defined in the Migratory Birds Convention Act (Canada);

 

                (f)    “Migratory Bird Game Hunting Permit” means a permit issued under the Migratory Birds Convention Act (Canada);

 

                (g)    “small game” means snowshoe hare, all gallinaceous birds and game birds;

 

                (h)    “Small Game Hunting Licence” means a valid base licence which has affixed to it a valid small game hunting stamp;

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

 

                (i)     “Small Game 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 small game in accordance with the Act and regulations;

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


Type of licences/fees

3     (1)    Subject to subsection (4), the Minister may issue a stamp in the following forms at the rates stated:

 

                (a)    Resident Small Game Hunting Stamp                                                  $17.26

Clause 3(1)(a) replaced: O.I.C. 92-701, N.S. Reg. 142/92; amended: O.I.C. 1999-273, N.S. Reg. 60/99; O.I.C. 2015-96, N.S. Reg. 175/2015.

 

                (b)    Non-Resident Small Game Hunting Stamp                                          $62.30

Clause 3(1)(b) replaced: O.I.C. 92-701, N.S. Reg. 142/92; amended: O.I.C. 1999-273, N.S. Reg. 60/99; O.I.C.  2015-96, N.S. Reg. 175/2015.

Subsection 3(1) amended: O.I.C. 1999-273, N.S. Reg. 60/99.

 

       (2)    No person shall take, hunt or kill or attempt to take, hunt or kill or possess a game bird unless that person holds a valid Small Game Hunting Licence.

Subsection 3(2) amended: O.I.C. 88-546, N.S. Reg. 120/88.

 

       (3)    Notwithstanding subsection (1), where any resident who applies for a Small Game Hunting Stamp has attained the age of sixty-five years or over prior to applying for a licence and furnishes proof of age and residency, the Minister may issue to that person a Resident Senior Citizen Small Game Hunting Stamp at no charge.

Subsection 3(3) amended: O.I.C. 90-845, N.S. Reg. 182/90; O.I.C. 1999-273, N.S. Reg. 60/99.

 

       (4)    No Small Game Hunting Licence is required by a resident to take, hunt or kill or attempt to take, hunt or kill snowshoe hare.

 

       (5)    Despite subsection (4), no person shall hunt snowshoe hare unless the person is the holder of a base licence.

Subsection 3(5) replaced: O.I.C. 1999-273, N.S. Reg. 60/99.

 

       (6)    A Small Game Hunting Licence expires on the last day of the open season prescribed for taking any small game.

 

       (7)    A person who does not require a Migratory Game Bird Hunting Permit is exempt from the requirement to obtain a Small Game Hunting Licence pursuant to subsection (2) on the day designated as “Waterfowler Heritage Day” under the federal Migratory Birds Regulations.

Subsection 3(7) added: O.I.C. 2001-284, N.S. Reg. 72/2001.


Qualifications

4     (1)    Any resident eighteen years of age or over may apply for a Resident Small Game Hunting Licence.

Subsection 4(1) amended: O.I.C. 93-829, N.S. Reg. 151/93.

 

       (2)    Any non-resident eighteen years of age or over may apply for a Non-Resident Small Game Hunting Licence.

Subsection 4(2) amended: O.I.C. 93-829, N.S. Reg. 151/93.

 

       (3)    No Small Game Hunting Licence shall be issued to any person under the age of twelve years.

Subsection 4(3) amended: O.I.C. 97-512, N.S. Reg. 91/97.

 

       (4)    No person who is over 12 and under 18 years of age shall hunt small game with a firearm, crossbow or bow unless

 

                (a)    the person is certified under the Hunter Education, Safety and Training Regulations made under the Act to hunt with a firearm, crossbow or bow, as applicable;

Clause 4(4)(a) replaced: O.I.C. 2006-365, N.S. Reg. 161/2006; amended: O.I.C. 2013-211, N.S. Reg. 234/2013.

 

                (b)    the appropriate licence is acquired by the parent or guardian and the applicant and the parent or guardian both sign the licence; and

 

                (c)    the person is under the immediate supervision of their parent or guardian or any other responsible person 18 years of age or older who is certified under the Hunter Education, Safety and Training Regulations made under the Act to hunt with a firearm, crossbow or bow, as applicable.

Clause 4(4)(c) amended: O.I.C. 2013-211, N.S. Reg. 234/2013.

Subsection 4(4) replaced: O.I.C. 2006-365, N.S. Reg. 161/2006; amended O.I.C. 2013-211, N.S. Reg. 234/2013.

 

       (5)    A person of any age may snare snowshoe hare.

Subsection 4(5) replaced: O.I.C. 2000-218, N.S. Reg. 66/2000.

Subsection 4(6) added: O.I.C. 90-845, N.S. Reg. 182/90; repealed: O.I.C. 2000-218, N.S. Reg. 66/2000.


Open season for small game

5     (1)    The holder of a valid Small Game Hunting Licence or a valid base licence in circumstances permitted by these regulations, may take, hunt or kill or attempt to take, hunt or kill in all counties of the Province and possess any small game listed in subsection (2) or any migratory bird listed in the Migratory Birds Convention Act (Canada) for which there is an open season.

Subsection 5(1) amended: O.I.C. 2000-218, N.S. Reg. 66/2000.

 

       (2)    The open seasons for the various species of small game which may be hunted in the Province are as follows:

 

                Species                                      County                     Open Season

                (a)    snowshoe hare                  All counties               Nov. 1st to last day of Feb.

Clause 5(2)(a) replaced: O.I.C. 2001-284, N.S. Reg. 72/2001.

 

                (b)    ruffed grouse                    All counties               Oct. 1st to Dec. 31st

Clause 5(2)(b) amended: O.I.C. 94-683, N.S. Reg. 140/94.

 

                (c)    (i)     ring necked              Annapolis, Kings,     Nov. 1st to Dec. 15th

                                  pheasant (male)       Hants Counties

Subclause 5(2)(c)(i) amended: O.I.C. 88-546, N.S. Reg. 120/88.

 

                         (ii)    ring necked              All other counties     Oct. 1st to Dec. 15th

pheasant (male)

 

       (2A) Despite clause (2)(a), no person shall hunt snowshoe hare with a dog from November 1st to November 15th inclusive.

Subsection 5(2A) added: O.I.C. 2001-284, N.S. Reg. 72/2001.

 

       (3)    Except as provided by the Act or regulations, no person shall take, hunt or kill or attempt to take, hunt or kill or possess a hen pheasant, ptarmigan, Canada grouse (commonly called spruce partridge) or Hungarian partridge.

Subsection 5(3) amended: O.I.C. 90-845, N.S. Reg. 182/90.


Bag limits for small game

6     (1)    (a)    There is no bag limit for snowshoe hare.

 

                (b)    The bag limit for ruffed grouse is five birds per day.

 

                (c)    The bag limit for ring necked pheasants (male) is two birds per day.

 

       (2)    The bag limits prescribed in subsection (1) do not apply to any game birds taken, hunted or killed on a shooting preserve licensed under the Act, provided such game birds are properly tagged.


Possession limits for small game

7     (1)    No person shall possess, at any time, carcasses of ruffed grouse or ring necked pheasant (male) greater than twice the daily bag limit prescribed in Section 6.

 

       (2)    (a)    Subject to subsection (1), no person shall possess or transport a ring necked pheasant unless at least one fully feathered wing and the tail are attached to the bird.

 

                (b)    The wing and tail may be removed from the ring necked pheasant when the bird is prepared for immediate cooking or after the bird is taken to the residence of its owner for preservation.

 

       (3)    Subsection (2) does not apply to game birds taken, hunted or killed on a shooting preserve licensed under the Act, provided such game birds are properly tagged.

 

       (4)    Subsection (1) does not apply to game birds possessed by a person holding a valid Dog Field Trial Permit issued under Section 43 of the Act.


Section 8 repealed: O.I.C. 90-845, N.S. Reg. 182/90.


Retrieving small game

9     A person who kills, cripples or injures small game shall

 

                (a)    immediately make every reasonable effort to retrieve the small game; and

 

                (b)    if the small game retrieved is alive, immediately kill it and include it in their daily bag limit.


Snowshoe hare

10   (1)    No person shall set any snare for snowshoe hare made of material other than wire commonly known as rabbit wire, not lighter than 20 gauge.

 

       (2)    No person shall use a body gripping trap or leg hold trap to take, hunt or kill or attempt to take, hunt or kill snowshoe hare.


Hunting methods and equipment

11   No person shall use any snare, net or trap to hunt, take or kill or attempt to take, hunt or kill a game bird.

Section 11 replaced: O.I.C. 88-546, N.S. Reg. 120/88.


Storage permits

12   (1)    Any Small Game Hunting Licence issued pursuant to these regulations or base licence issued pursuant to regulations made under the Act shall serve as a valid storage permit to the holder thereof to store the meat of small game until April 30th of the year following.

Subsection 12(1) amended: O.I.C. 2000-218, N.S. Reg. 66/2000.

 

       (2)    After April 30th of the year following, it shall be an offence to store the meat of any small game, including snowshoe hare, without a storage permit issued by the Department.

 

       (3)    The Minister may authorize an employee of the Department to issue a permit to store small game as required under these regulations.


Terms/conditions of licence

13   It shall be an offence for any person to contravene any terms and conditions contained in a Small Game Hunting Licence.


Section 14 repealed: O.I.C. 97-512, N.S. Reg. 91/97.


Repeal of old regulations

15   Regulations made by Order in Council 79-837 dated the 10th day of July, 1979, as amended, respecting Hungarian Partridge, Ruffed Grouse, Cock Pheasant and small game and regulations made by Order in Council 79-833 dated the 10th day of July, 1979, as amended, respecting big game and small game licences are rescinded effective on and from the 19th day of August, 1987.


Effective date of new regulations

16   These regulations shall come into force on and after the 19th day of August, 1987.