B.C. Reg. 442/2004, deposited October 1, 2004, pursuant to the WILDLIFE ACT [Section 108 (2) (h), (k) and (u) (ii)]. Order in Council 958/2004, approved and ordered September 30, 2004.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that the Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82, is amended as set out in the attached Schedule.

— B. BARISOFF, Minister of Water, Land and Air Protection; R. NEUFELD, Presiding Member of the Executive Council.

Schedule

1 The Wildlife Act Commercial Activities Regulation, B.C. Reg. 338/82, is amended by adding the following section:

Exemption re carcasses from motor vehicle collisions

3.12.1 (1) In this section:

"motor vehicle" includes a locomotive;

"trapper" means a person who

(a) holds a licence or permit to trap fur bearing animals, or

(b) is exempt from holding a licence or permit to trap fur bearing animals.

(2) For the purpose of possessing and transporting any mule deer, white-tailed deer, elk, moose or black bear, or wildlife described in Schedules B and C of the Designation and Exemption Regulation, B.C. Reg. 168/90, a trapper is exempt from sections 33 (2) and 37 of the Act if

(a) the wildlife is dead as a result of colliding with a motor vehicle, other than a motor vehicle operated by the trapper,

(b) the meat of the wildlife is unfit for human consumption,

(c) the carcass of the wildlife is to be used only

(i) by the trapper, and

(ii) as bait for traps set under the authority of the trapper's licence or licence exemption, and

(d) at the time of possession and transport, the trapper has, on his or her person, the trapper's current trapping licence or proof of the trapper's licence exemption.

(3) A trapper who possesses or transports wildlife under subsection (2) must, within 30 days after taking possession,

(a) complete a report on a form provided for this purpose by the Director of the Fish and Wildlife Recreation and Allocation Branch of the ministry responsible for this regulation,

(b) deliver the completed form to the address shown on the form, and

(c) maintain a copy of the completed form for at least 2 years.

(4) A person who fails to comply with this section commits an offence.

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