Wildlife Act
A full copy of this Act may be found online at: http://www.qp.gov.sk.ca/
The following text is excerpts which pertain to
reptiles and amphibians from the:
WILDLIFE ACT 1999
Chapter W-13.12
An Act respecting the Protection of Wildlife and Wild Species
at Risk and making consequential amendments to other Acts
The Wildlife Act, 1998
being
Chapter 13.12 of the Statutes of Saskatchewan, 1998
(effective March 6, 2000, except s.87, effective April 1, 1999)
NOTE: This consolidation is not official. Amendment have been incorporated
for convenience of reference and the original statutes and regulations should be
consulted for all purposes of interpretation and application of the law. In
order to preserve the integrity of the original statutes and regulations, errors
that may have appeared are reproduced in this consolidation.
TABLE OF CONTENTS of sections included in this summary |
PART I: Short Title and Interpretation
1 Short Title
2 Interpretation
3 Possession
PART IV: Hunting Trapping and Taking
DIVISION I: Property rights in Wildlife
23 Property in wildlife in the crown
24 Property rights in captive wildlife
DIVISION II: Administration
25 Licence required for hunting
wildlife
DIVISION III: Prohibitions and prosecutions
31 Export and import of wildlife |
32 Captivity of wildlife
33 Possession of wildlife
34 Possession of wildlife by Indian
35 Hunting of wildlife by Indian
36 Licence cancelled on taking limit
41 Hunting on certain lands
43 Sale of hunting rights
44 Selling and dealing in wildlife
PART V: Protection of Wild Species at Risk
45 Interpretation
46 Rights and privileges subject to this part
47 Crown bound
51 Activity prohibited
52 Licence to protect health and property
53 Powers of wildlife officer |
PART I
Short Title and Interpretation
Short title
1 This Act may be cited as the Wildlife Act, 1998.
Interpretation
2 In this Act:
"Crown" means the Crown in right if Saskatchewan;
"department" means the department over which the minister
presides;
"director" means the Director of Fish and Wildlife appointed
pursuant to section 4;
"exotic wildlife" means:
- a vertebrate animal of any species, excluding fish, that is:
- not native to Saskatchewan; and
- usually found wild in nature in its natural habitat; and
- any part, tissue, genetic material, eggs, sperm, embryos or other forms of
developmental life of a vertebrate animal mentioned in clause a.
"firearm" means any device from which any shot, bullet or other
missile can be discharged and, without limiting the generality of the foregoing,
includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun,
longbow or crossbow;
"habitat" includes the soil, air, water, food and shelter
components of the environment that are necessary to sustain wildlife and wild
species;
"hunting" includes taking, wounding, killing, chasing, pursuing,
worrying, capturing, following after or following on the trail of searching for,
shooting at, trapping, setting snares for, stalking or lying in wait for any
wildlife, or attempting to do any of those things, whether or not the wildlife
is then or subsequently captured, wounded or killed;
"licence" means a licence, certificate, permit, quota or
allocation issued pursuant to this Act or the regulations and includes any seal
or corresponding document issued with the licence, certificate, permit, quota or
allocation;
"minister" means the member of the Executive Council to whom
for the time being the administration of this Act is assigned;
"native" means a wild species that was not deliberately or
accidentally introduced by humans that:
- is a breeding resident of Saskatchewan; or
- in some manner or degree, exists naturally in Saskatchewan
"open season" means a period specified in the regulations
during which wildlife may be lawfully hunted or taken;
"person" means an individual, association, partnership or
corporation;
"snare" means a device for the taking of any wildlife in which
the wildlife is caught in a noose;
"take" includes taking dead or alive;
"tanner" means a person who carries on the business of
preparing, preserving, plucking, dressing or dyeing the pelts or skins of
wildlife;
"taxidermist" means a person who carries on the business of
preparing, preserving, stuffing or mounting the heads, pelts or skins of any
wildlife;
"traffic" means to offer for sale, expose for sale, sell, buy,
barter, exchange, deal, solicit or trade, or advertise for the purpose of doing
any of those things;
"trap" includes a spring trap, snare, deadfall, box or net or
any other device used to capture any wildlife;
"vehicle" includes a motorized conveyance, trailer, tractor,
snowmobile, aircraft or any other conveyance, other than a boat, that is drawn,
propelled or driven by any mechanical means and includes any accessory attached
to the vehicle;
"wildlife" means a vertebrate animal of any species, excluding
fish, that is wild by nature in Saskatchewan and includes:
- any part, tissue, genetic material, eggs, sperm, embryos or other forms of
developmental life; and
- any exotic wildlife found in Saskatchewan;
"wildlife officer" means any person appointed or authorized by
the minister for the purposes of administering and enforcing this Act and the
regulations and includes a police officer or peace officer;
"wild species" means any plant, animal or organism that is wild
by nature and includes:
- pollen, spores, eggs, sperm, embryos or other forms of developmental life;
and
- any part, tissue or genetic material of a plant, animal or organism;
Possession
3 For the purposes of any provision of this Act creating an offence for
possession of a thing:
- a person has possession of any thing when it is in that person�s
personal possession or custody or when, with that person�s knowledge and
consent, it is:
- in the actual possession or custody of another person; or
- in any place, whether or not that place belongs to or is occupied by
that person, for the use or benefit of that person or of another person;
a person has possession of any thing where that person is the owner or
occupier of a place at which any thing is located and that person has
knowledge of and consents to the thing being located at that place.
PART IV
Hunting, Trapping and Taking
DIVISION I
Property Rights in Wildlife
Property in wildlife in the Crown
23 1. Subject to section 24, the property in all wildlife within
Saskatchewan, including any wildlife that has been lawfully hunted, is vested in
the Crown.
2. No person shall acquire any right or property in any wildlife otherwise than
in accordance with this Act and the regulations.
Property rights in captive wildlife
24 1. Subject to this Act and the regulations, a person has all property
rights, title and interest in and to any wildlife where that person:
- is in possession of the wildlife; and
- has a licence authorizing possession of the wildlife.
2. Where a person mentioned in subsection 1. contravene any of the provisions of
this Act or the regulations respecting the wildlife under his or her control,
all property rights, title and interest in and to the wildlife may forfeited to
the Crown by sale, donation or destruction or by setting it free.
DIVISION II
License Required for Hunting
License required for hunting wildlife
25(1) Subject to subsection (2), no person shall hunt any wildlife within
Saskatchewan:
- other than at the times, in the place and in the manner prescribed by
this Part and the regulations; and
- without a licence where a licence is required by this Part or the
regulations.
DIVISION III
Prohibitions and Prosecutions
Export and import of wildlife
311. Subject to the regulations, no person shall, without having first
obtained an export or import licence issued pursuant to this Act or the
regulations:
- export or cause to be exported from Saskatchewan any wildlife; or
- import, release or introduce into Saskatchewan any wildlife.
2. No person shall ship or transport out the province any wildlife
without first paying the royalties prescribed in the regulations
Captivity of wildlife
32 No person shall take into or keep in captivity or wilfully destroy or
disturb any wildlife � protected pursuant to this Part or the
regulations � without the written permission of the director
without a licence to do so
Possession of wildlife
33 1. No person shall possess any wildlife taken in contravention of this
Part or the regulations.
2. No person shall possess any wildlife without a licence where, pursuant to
this Part or the regulations, a licence is required to possess that wildlife.
Possession of wildlife by Indian
34 1. In this section and section 35 "agreement" means the
agreement between the Government of Canada and the Government of Saskatchewan
ratified by chapter 87 of the Statutes of Saskatchewan, 1930.
2. Subject to subsection (3), no person other than an Indian shall accept or
have in his or her possession wildlife that has been taken by an Indian for food
as permitted pursuant to section 12 of the agreement.
3. A non-Indian may possess wildlife that has been taken for food as permitted
pursuant to section 12 of the agreement by an Indian who is a father, mother,
grandfather, grandmother, brother, sister, child, spouse or common-law souse of
the non-Indian.
Hunting of wildlife by Indian
35 1. Subject to subsections 2. and 3., no person other an Indian may
assist, aid or hunt with any Indian hunting wildlife for food as permitted
pursuant to section 12 of the agreement.
2. The minister may issue to a non-Indian a licence to assist or aid, or a
licence to hunt with, an Indian who:
- is a father, mother, grandfather, grandmother, brother, sister, child,
spouse or common-law spouse of the non Indian; and
- is hunting wildlife for food as permitted pursuant to section 12 of the
agreement.
3. Where a licence to hunt is issued to non-Indian pursuant to subsection (2),
the non-Indian may only hunt in accordance with Part and the regulations and the
terms and conditions of any licence issued to the non-Indian.
Licence cancelled on taking limit
36 1. No person shall take, kill or possess more wildlife in one day or
during any other specified period than maximum allowable pursuant to this Part
or the regulations �
Hunting on certain lands
41 1. Where there are legible signs, of a specified size in the regulations,
prominently placed along the boundaries of any land so as to provide reasonable
notice bearing the words "No Trespassing or� "No
Hunting" � or "No Shooting" � or
words or symbols to a similar effect, no person shall hunt wildlife within the
boundaries of that land except with the consent of the owner or occupant.
2. Subject to this Part and the regulations, where there are legible signs, of a
size specified in the regulations, prominently placed along the boundaries of
any land so as to provide reasonable notice of instructions concerning the
method of hunting or the use of vehicles connected with hunting, no person shall
hunt any wildlife on that land except in accordance with the posted
instructions.
Selling and dealing in wildlife
44 Subject to this Act and the regulations, no person shall traffic in any
wildlife.
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Wildlife
Regulations
The following contains excerpts which pertain to reptiles and amphibians
from: The Saskatchewan Wildlife Regulations, 1981.
The Wildlife Regulations, 1981
CHAPTER W - 13.1 REG 1
The Wildlife Act
being
Chapter W - 13.1 Reg 1 (effective August 11, 1981) as amended by
Saskatchewan Regulations 63/82, 116/82, 71/83, 103/83, 128/83, 149/83,
42/84, 94/84, 110/84, 4/85, 100/85, 93/ 86. 34/87, 65/87, 85/87, 119/87,
73/88, 17/89, 82/89, 64/90, 27/91, 59/91, 76/92, 32/93, 79/93, 45/94,
19/95, 70/95, 50/96, 64/96, an Errata Notice (Gazetted December 27, 1991),
80/96, 13/97, 87/97, 18/98, 38/98, 77/98, 78/98, and 52/1999.
NOTE: This consolidation is not official. Amendments have been
incorporated for convenience of reference and the original statutes and
regulations should be consulted for all purposes of interpretation and
application of the law. In order to preserve the integrity of the original
statutes and regulations, errors that may have appeared are reproduced in this
consolidation.
TABLE OF CONTENTS of sections included in this summary |
PART I: General
1 Title
2 Interpretation
PART II: General Hunting Restrictions
4 Permitted hunting
5 Restriction re wildlife in special areas
6 Protected wildlife
7 Restrictions on hunting methods
11 Hunting at night
11.1 Hunting safety
13 Hunting near buildings etc.
14 Vehicles or power boats |
PART III: Licenses
GENERAL
31 Licenses
31.2 Possession of dead wildlife
PART VI: Traffic in Wildlife
50 General
51 Importing and exporting
52 Tanners and taxidermists
53 Shipment of wildlife
54 Records |
PART I
General
Title
1 These regulations may be cited as The Wildlife Regulations, 1981.
Interpretation
2 In these regulations:
(a)"Act" means The Wildlife Act, 1997; (Please note:
Anywhere in the regulations where it refers to, for example, section 10 of
"the
Act" it refers not to these regulations but to the actual Act, which is
summarized above.
(x.1) "hide" means the skin or pelt of an animal but
does not include the other attached parts of the animal, such as the horns,
antlers, claws or skull;
(dd) "open season" means an open season established
pursuant to any regulations made pursuant to the Act during which it is lawful
to hunt a
particular species of wildlife;
(ii.1) "road" means a prepared surface designed for
vehicular traffic;
(jj.2) "searchlight" means a spotlight, flashlight,
jacklight, nightlight, headlight or any other light that casts a beam of
light, and includes night vision scopes and goggles;
(ll) "trail" means a route regularly traveled by vehicles;
PART II
General Hunting Restrictions
Permitted Hunting
4 1. Subject to the other provisions of these
regulations, outside of game preserves, road corridor game preserves, wildlife
refuges, wildlife management units, regional parks, provincial parks,
protected areas or recreations sites, any person may, without a licence hunt:
- reptilia (snakes and turtles) other than
rattlesnakes, bullsnakes, hognosed snakes, smooth green snakes, eastern
yellow-bellied racers, northern red-bellied snakes, short-horned lizards
and snapping turtles;
- amphibia (frogs and salamanders);
(3) Notwithstanding subsection (1), reptilia, amphibia � may
not be hunted for commercial purposes. (i.e. hunted and subsequently
sold for profit)
Restriction re wildlife in special areas
5 (1) No person shall, without a licence for the purpose:
- hunt, poison, molest or disturb any wildlife within;
- destroy or alter any wildlife habitat within; or
- carry, possess or discharge any firearm within or discharge a firearm
over;
a game preserve, road corridor game preserve, wildlife refuge, wildlife
management unit, regional park, provincial park, protected areas or
recreational site.
Protected Wildlife
6 1. Subject to subsections 2., 2.1., 3. and 4., no person shall,
without a licence for the purpose, kill, disturb, or molest any wildlife or
the den, house, nest, dam or usual place of habitation of any wildlife
protected under the Act �as amended from time to time, or
under any regulation made under either Act.
- The director may issue a license:
- to capture or kill any wildlife that is wounded, diseased, a danger to
the public or a public nuisance;
- to remove or destroy the den, house, nest, dam or usual place of
habitation of any wildlife that is causing or likely to cause damage to
property;
- For the purpose of protecting his property or livestock, the
owner or occupant of any land may, without a licence, kill, on the land,
any rattlesnake �
- Any person who kills any wildlife pursuant to subsection (3) � shall
immediately report the killing to a wildlife officer, and the director may
specify the manner or disposing of the wildlife.
Restrictions on hunting methods
7 2. No person shall, without a licence for the purpose, at any
time:
c. hunt with, carry while hunting, use or set for the destruction or
capture of wildlife:
i. drugs, narcotics, poisons or tranquilizers�
ii. automatic firearms, including automatic and machine guns,
automatic and machine rifles and any other gun or rifle designed to
fire more than one shot with a single squeeze of the trigger;
iii. any night-vision device (see Interpretation)
iv. any device or mechanism designed to silence or minimize the report
of a firearm;
vi. live decoys of any kind
vii. metal-jacketed hard-point, non-expanding bullets or any such bullets
that have been tampered with or altered in any way;
viii. barbed or poisoned arrows or arrows with explosive heads
viii. 1. spears
x. tracer bullets or tracer shells
xi. traps equipped with serrated jaws or teeth
Hunting at night
11 1. No person shall hunt any wildlife during the period from
one-half hour after sunset to one-half hour before sunrise.
Hunting safety
11.1 1. Nothing in this section is to be construed as applying to hunting on a
Reserve.
2. For the purpose of ensuring the safety of hunter and the public, a
searchlight shall not be used for the purpose of hunting wildlife.
3. No person shall fail to comply with subsection (2)
Vehicles or power boats
14 No person shall use a vehicle or a power boat for the purpose of:
- chasing or pursuing any wildlife;
- disturbing any wildlife;
- driving any wildlife towards hunters; or
- injuring or killing any wildlife
unless he is authorized to do so by the minister.
PART III
Licenses
GENERAL
Licenses
31 (9) No person shall hunt any wildlife within Saskatchewan other
than;
- at the time;
- in the place;
- for the specie or sex of species; and
- in the manner;
specified in the license issued to that person.
Possession of dead wildlife
31.2 1. A person who finds dead wildlife may take possession of that
wildlife if:
- to that person�s knowledge, the wildlife was not killed in
contravention of the Act; and
- within seven days of taking possession of the dead wildlife, the
person:
- applies to a wildlife officer for and is granted a licence
authorizing possession of dead wildlife;
- provides the wildlife to a wildlife officer for inspection; and
- pays the applicable licence fee.
- Wildlife provided to a wildlife officer pursuant to subclause (1)(b)(ii)
may be marked by a wildlife officer for identification in a manner
approved by the director.
- A person is not required to have a licence authorizing possession of
dead wildlife to possess wildlife:
- mentioned in subsection 4(1); or
- taken under a valid hunting and trapping licence.
- The fee for a licence authorizing possession of dead wildlife is $10.
PART VI
Traffic in Wildlife
General
50 1. Any person may, without a licence:
- engage in, carry on or be concerned in the tanning, dressing, plucking,
dyeing or treating of the raw or undressed hide, skin or pelt of any
wildlife;�(which has been legally obtained)
- No person shall, without a licence for the purpose:
- sell or otherwise traffic in other wildlife (i.e. amphibians and
reptiles), other than:
- wildlife species taken in accordance with subsection 4(1) of
these regulations
- sell, serve, advertise or otherwise traffic in the flesh of wildlife or
dishes composed wholly or partly of wildlife;
- do business as a taxidermist
The fee for a licence to do business as a taxidermist is $25.
Importing and exporting
51 1. For the purposes of subsection 31(1) of the Act:
- a permit issued pursuant to the Import and Export Act (Canada) under
the Convention of the International Trade in Endangered Species (CITES)
constitutes the authority to export wildlife specified in the
licence.
Tanners and taxidermists
52 1. No person shall:
- ship any wildlife to or leave any wildlife with a tanner or
taxidermist, unless the person has a licence and his licence number and
a special permit on the form provided by the department verifying
payment of royalties accompanies the wildlife; or
- accept for the purpose of tanning, preserving, stuffing, mounting or
treating in any way, or for sale, or have in his possession any
preserved, stuffed or mounted wildlife, unless he receives from the
owner or person from whom it was received:
- the licence number under which the wildlife was taken or signed
statement to the effect that wildlife was legally secured
- a special permit on the form provided by the department verifying
payment of royalties
Shipment of wildlife
531. No agent, transportation company or other common carrier or any other
person shall:
- receive for shipment any wildlife or parts of wildlife, unless the
shipment is tagged or marked with the name and address of the owner, the
licence number under which the wildlife was taken and the contents; or
- transport or deliver to a consignor any shipment that is not tagged,
marked and labelled as required by clause (a).
- Any person who receive a shipment in violation of subsection (1) shall
notify the nearest wildlife officer and shall hold the shipment to be
dealt with by the wildlife officer.
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Legal Protection For Amphibians and Reptiles in Other Provinces: