Manitoba Fishery Regulations, 1987 (SOR/87-509)

1 [Repealed, SOR/2023-28, s. 2]

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Fisheries Act; (Loi)

  angling

  angling means fishing by means of a line and hook, or a rod, line and hook; (pêche à la ligne)

  angling licence

  angling licence means a licence that authorizes the holder to engage in recreational fishing; (permis de pêche à la ligne)

  artificial fly

  artificial fly means a single-pointed hook or two single-pointed hooks dressed with silk, tinsel, wool, fur, feathers or any combination of those materials that is designed to attract fish; (mouche artificielle)

  bait fish

  bait fish means any species of fish set out in Schedule I; (poisson-appât)

  barbless hook

  barbless hook includes

  • (a) a hook that has all of its barbs compressed to be in complete contact with the shaft of the hook, and

  • (b) a hook that has barbs on its shank that are designed solely to retain bait and that has any other barbs compressed to be in complete contact with the shaft of the hook; (hameçon sans ardillon)

  bow fishing

  bow fishing means fishing with a bow and arrow; (pêche à l’arc)

  cast netting

  cast netting means fishing by means of a cast net; (pêche à l’épervier)

  commercial fishing

  commercial fishing means fishing for the purpose of sale or barter or for any other commercial purpose; (pêche commerciale)

  conservation angling licence

  conservation angling licence[Repealed, SOR/2023-28, s. 3]

  Department

  Department means the Department of Natural Resources and Northern Development of Manitoba; (ministère)

  derby

  derby[Repealed, SOR/98-247, s. 1]

  dip net

  dip net[Repealed, SOR/2023-28, s. 3]

  dip netting

  dip netting means fishing by means of a dip net; (pêche à l’épuisette)

  Director

  Director means the Director of the Fisheries Branch of the Department; (directeur)

  Division

  Division means a Division of the Province of Manitoba as named and described in Plan of Survey 18297D; (division)

  dressed weight

  dressed weight means the weight of a fish after the gills and entrails have been removed; (poids habillé)

  fillet

  fillet means any piece of fish flesh; (filet)

  fish arrow

  fish arrow means an arrow with one or more barbs attached; (flèche à poisson)

  fisherman’s number

  fisherman’s number[Repealed, SOR/2023-28, s. 3]

  General Fishing Permit

  General Fishing Permit means a licence that is issued under section 6; (permis de pêche générale)

  headless drawn weight

  headless drawn weight means the weight of a fish after the head, gills and entrails have been removed without cutting the belly; (poids éviscéré et étêté)

  headless dressed weight

  headless dressed weight means the weight of a fish after the head, gills and entrails have been removed and the belly has been cut; (poids habillé et étêté)

  high quality management waters

  high quality management waters[Repealed, SOR/2023-28, s. 3]

  hook

  hook means a single-pointed or multiple-pointed hook on a common shaft and includes an artificial lure that has one or more hooks attached to it; (hameçon)

  Indian

  Indian means an Indian within the terms of paragraph 13 of the Memorandum of Agreement, known as the Manitoba Natural Resources Transfer Agreement, being the agreement entered into between Canada and Manitoba on December 14th, 1929 and confirmed by the Constitution Act, 1930; (Indien)

  length

  length means, for the purposes of measuring a fish, the distance between the furthest anterior point of the head of a fish and the furthest posterior point of the caudal fin of that fish; (longueur)

  licence

  licence means a fishing licence issued under the Act or the provincial Act; (permis)

  Live Fish Handling Permit

  Live Fish Handling Permit means a licence that is issued under section 6.1; (permis de manutention de poisson vivant)

  mesh size

  mesh size, means, in respect of the mesh of a net, the distance between the diagonally opposed angles of a single mesh measured inside the knots after being stretched to form two parallel straight lines by the device commonly known as the Selkirk Net Gauge after the net has been immersed in water; (maillage)

  Minister

  Minister[Repealed, SOR/2003-107, s. 1]

  minnow trapping

  minnow trapping means fishing by means of a minnow trap; (pêche au piège à ménés)

  natural bait

  natural bait means any material used to attract fish, which is partly or wholly composed of plants, animals or plant or animal products, but does not include an artificial fly; (appât naturel)

  natural brook trout waters

  natural brook trout waters means those waters set out in Schedule III; (eaux naturelles à ombles de fontaine)

  open water

  open water means water that is not ice-covered; (eaux libres)

  Plan of Survey

  Plan of Survey means a document delineating specific boundaries of land confirmed by and deposited with the Director of Surveys for Manitoba pursuant to the The Surveys Act, re-enacted Statutes of Manitoba 1987, c. S240, as amended; (levé)

  provincial Act

  provincial Act means the Fisheries Act (Manitoba), C.C.S.M. c. F90; (loi provinciale)

  provincial Minister

  provincial Minister means the Minister of the Government of Manitoba who is responsible for the administration of the provincial Act; (ministre provincial)

  recreational fishing

  recreational fishing means fishing by dip netting, cast netting, seine netting, minnow trapping, angling, bow fishing or spearfishing, but does not include

  • (a) fishing by an Indian for food for their personal use or for the use of their immediate family, or

  • (b) commercial fishing; (pêche récréative)

  registration number

  registration number[Repealed, SOR/98-247, s. 1]

  resident

  resident[Repealed, SOR/98-247, s. 1]

  resident of Manitoba

  resident of Manitoba means a person whose primary residence is in Manitoba and who has lived in Manitoba for a period of at least 6 consecutive months during the 12 months before the day on which they

  • (a) apply for a licence; or

  • (b) engage in fishing, if they are authorized to fish without a licence; (résident du Manitoba)

  rough fish

  rough fish means any species of fish set out in Schedule IV; (poisson commun)

  seine netting

  seine netting means fishing by means of a seine net; (pêche à la seine)

  snagging

  snagging means catching or attempting to catch a fish with a hook in any manner other than by inducing the fish to take the hook in its mouth; (casaquer)

  spearfishing

  spearfishing means fishing by means of a spear or spear gun; (pêche au harpon)

  sport fishing

  sport fishing[Repealed, SOR/98-247, s. 1]

  stocked lake trout lakes

  stocked lake trout lakes means those lakes set out in Part III of Schedule V; (lacs ensemencés de touladis)

  stocked trout lakes

  stocked trout lakes means those lakes set out in Part I of Schedule V; (lacs ensemencés de truites)

  stocked trout streams

  stocked trout streams means those streams set out in Part II of Schedule V; (cours d’eau ensemencés de truites)

  trap net

  trap net means a net that catches fish by impoundment, and includes a net commonly known as a hoop net and a pound net. (parc en filet)

• (2) Where a period of time is set out in these Regulations, the period

  • (a) includes both the first hour or day and the last hour or day set out; and

  • (b) begins and ends in the same calendar year except that where the period is stated to end on a day that occurs earlier in a calendar year than the day in which it begins, the period begins in one calendar year and ends in the next calendar year.

• (3) A reference in these Regulations to a species or group of species of fish by its common name as set out in Column I of an item of Schedule VI shall be construed as a reference to the species or group of species of fish the scientific name of which is set out in Column II of that item.

• (4) For the purposes of these Regulations, two fillets shall be counted as one fish.

• (5) For the purpose of determining whether the size of a filleted fish of a species set out in the table to this subsection complies with the size limit set out for that species, the fillet length shall be multiplied by the conversion factor for that species set out in that table.

  Item	Column I	Column II
  	Species	Conversion Factor
  1	Arctic grayling	1.45
  2	Brook trout	1.38
  3	Brown trout	1.48
  4	Channel catfish	1.57
  5	Lake trout	1.53
  6	Largemouth bass	1.63
  7	Northern pike	1.57
  8	Rainbow trout	1.49
  9	Smallmouth bass	1.65
  10	Walleye and sauger	1.60

• (6) For the purposes of Part IV of these Regulations, a fish is not retained or possessed by a person if, after being caught, the fish is unhooked and immediately released into the water from which it was taken.

Application

• 3 (1) Subject to subsection (2), these Regulations apply to the management and control of fisheries in Manitoba.

• (2) These Regulations do not apply to waters that are situated in a National Park of Canada or to waters that are the subject of a Fish Farming Licence.

PART IGeneral

Variation of Close Times, Fishing Quotas and Limits

• 4 (1) Where a close time, fishing quota or limit on the size or weight of fish is fixed in respect of an area under these Regulations, the provincial Minister or the Director may, by order, vary that close time, fishing quota or limit in respect of that area or any portion of that area.

• (2) Where a close time, fishing quota or limit is varied under subsection (1), the provincial Minister or the Director shall give notice of the variation to the persons affected or likely to be affected by the variation by one or more of the following methods:

  • (a) posting the notice in at least two places in the area or in the vicinity of the area affected by the variation;

  • (b) broadcasting the notice over a radio or television station that broadcasts in the area or in the vicinity of the area affected by the variation;

  • (c) having a fishery officer give oral notice thereof to those persons; and

  • (d) publishing the notice in one or more of the following publications:

    • (i) in the Manitoba Gazette,

    • (ii) in a newspaper that is circulated in the vicinity of the area affected by the variation,

    • (iii) in the Manitoba Anglers Guide published by the Department,

    • (iv) in the Commercial Harvest Schedule, published by the Department, and

    • (v) on the Department’s Internet site.

  • (e) [Repealed, SOR/99-189, s. 1]