Manitoba Fishery Regulations, 1987
SOR/87-509
Registration 1987-08-14
Regulations Respecting Fishing in the Province of Manitoba
P.C. 1987-1678 1987-08-14
Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries, pursuant to section 34Footnote * of the Fisheries Act, is pleased hereby to revoke the Manitoba Fishery Regulations, C.R.C., c. 843, and to make the annexed Regulations respecting fishing in the Province of Manitoba, in substitution therefor.
Return to footnote *S.C. 1985, c. 31, s. 3, 7
Short Title
1 These Regulations may be cited as the Manitoba Fishery Regulations, 1987.
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)
- 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)
- 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 means a licence that authorizes the holder to engage in recreational fishing and to catch and retain or to possess fish of a species set out in an item of Part II of Schedule XI in an amount that does not exceed the possession quota, and of a size that complies with the size limit, set out in that item; (permis de pêche à la ligne (conservation))
- Department
Department means the Department of Water Stewardship of Manitoba; (ministère)
- derby
derby[Repealed, SOR/98-247, s. 1]
- dip net
dip net means a net that
(a) is hung on a ring or frame with or without a pole or a handle, and
(b) has a closed bottom; (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 means the identification number assigned by the Department to a commercial fisherman; (numéro de pêcheur)
- 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 means those waters set out in Schedule II; (eaux à gestion de haute qualité)
- 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 Fisheries Act (Manitoba), R.S.M. 1987, c. F90; (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]
- 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 Minister
provincial Minister means the Minister of Water Stewardship for Manitoba; (ministre provincial)
- recreational fishing
recreational fishing means fishing by dip 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 who has resided continuously in Manitoba for a period of at least six months immediately preceding the day on which the person begins to fish; (résident du Manitoba)
- rough fish
rough fish means any species of fish set out in Schedule IV; (poisson commun)
- 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.
- SOR/88-190, s. 1
- SOR/89-180, s. 1
- SOR/90-302, s. 1
- SOR/92-450, s. 1
- SOR/93-39, s. 1
- SOR/95-256, s. 1
- SOR/95-518, s. 1
- SOR/98-247, s. 1
- SOR/2000-310, s. 1
- SOR/2003-107, s. 1
- SOR/2005-27, ss. 1, 2
- SOR/2006-119, s. 1
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.
- SOR/90-302, s. 2
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]
- SOR/90-302, s. 21(F)
- SOR/91-381, s. 1
- SOR/99-189, s. 1
- SOR/2003-107, s. 8
PART IILicences
General
5 (1) No person shall fish unless authorized by a licence or unless fishing without a licence is authorized under the Act or the Fisheries Act (Manitoba).
(2) A licence is valid for the period specified in the licence.
(3) No fee shall be charged for issuing a licence under these Regulations.
- SOR/88-190, s. 2
- SOR/98-247, s. 2
6 (1) The provincial Minister may issue a General Fishing Permit to a person if its issuance will not adversely affect the conservation and protection of fish in the fishery.
(2) If the provincial Minister issues a General Fishing Permit to a person who has an existing treaty or aboriginal fishing right, the provincial Minister shall ensure that the permit
(a) authorizes the person to fish in accordance with and to the extent of that right; and
(b) respects the priority of the holders of the treaty or aboriginal right to exercise that right.
- SOR/89-180, s. 2
- SOR/90-302, s. 21(F)
- SOR/92-174, s. 1
- SOR/94-414, s. 1
- SOR/97-249, s. 1
- SOR/98-247, s. 2
- SOR/2003-107, s. 8
6.1 The provincial Minister may issue a Live Fish Handling Permit to authorize the holder to collect, transport and possess fish or fish eggs for the purposes set out in the Permit if its issuance will not adversely affect the conservation and protection of the fish to which the Permit applies.
- SOR/98-247, s. 2
- SOR/2003-107, s. 8
7 A licence issued pursuant to these Regulations is the property of the Crown and is not transferable.
8 (1) No person shall
(a) alter or deface any licence; or
(b) permit another person to use his licence.
(c) [Repealed, SOR/89-180, s. 3]
(2) [Repealed, SOR/98-247, s. 3]
- SOR/89-180, s. 3
- SOR/98-247, s. 3
9 Every person to whom a licence has been issued shall at all times while engaged in any activity authorized by the licence
(a) carry the licence on his person; and
(b) at the request of a fishery officer immediately produce the licence for examination.
- SOR/90-302, s. 21(F)
10 No licence is valid
(a) until the person to whom the licence is issued has
(i) signed the person’s name in the space provided thereon for that purpose, or
(ii) affixed the person’s mark in the space provided thereon for that purpose in the presence of a witness who attests to the affixing of the mark;
(b) if the licence is issued on the basis of false information; or
(c) if the correct date of issue is not entered on the licence.
11 [Repealed, SOR/98-247, s. 4]
Licence Conditions
12 (1) For the proper management and control of fisheries and the conservation and protection of fish, the provincial Minister may specify in a licence any condition that is not inconsistent with these Regulations and in particular, but not restricting the generality of the foregoing, may specify conditions respecting any of the following matters:
(a) the species and quantity of fish permitted to be taken;
(b) the period during which fishing is permitted;
(c) the Manitoba waters in which fishing is permitted;
(d) the type and quantity of fishing gear and equipment that are permitted to be possessed or used and the manner in which they are permitted to be used;
(e) the person or persons who may conduct fishing operations under the licence;
(f) the measures to be taken respecting the release into waters of fish or the disposal of fish, to avoid harming existing fish stocks; and
(g) the information to be provided to the Director or an officer with respect to any fish that is caught, and the manner in which it is to be reported.
(2) The holder of a licence shall comply with all conditions specified in the licence.
- SOR/88-190, s. 3
- SOR/98-247, s. 5
- SOR/2003-107, s. 8
13 No person shall fish in any waters set out in Schedule VIII other than as authorized by a General Fishing Permit.
Closures for Conservation Purposes
13.1 No person shall fish for or catch and retain from the waters set out in column I of an item of Schedule XVII a species of fish set out in column II of that item during the close time set out in column III of that item unless the person is fishing in accordance with a General Fishing Permit.
- SOR/95-518, s. 2
- SOR/98-247, s. 6
13.2 Before varying a close time set out in column III of an item of Schedule XVII, the provincial Minister or the Director shall consider whether the variation
(a) may infringe any existing treaty or aboriginal right of an aboriginal people;
(b) is reasonably necessary for conservation purposes; and
(c) respects the priority of the holders of that treaty or aboriginal right to exercise that right.
- SOR/98-247, s. 6
- SOR/2003-107, s. 8
PART IIIPossession and Transportation of Fish
14 (1) Except as otherwise permitted by the Act, the Freshwater Fish Marketing Act (Canada), the Fisheries Act (Manitoba) or regulations made under those Acts, no person shall possess any species of fish set out in an item of Part II of Schedule XI in an amount that exceeds the possession quota, or of a size that does not comply with the size limit, set out in that item.
(2) Despite subsection (1), a resident of Manitoba under 16 years of age or a holder of an angling licence, other than a conservation angling licence, may possess fish of a species set out in an item of Part I of Schedule XI in an amount that does not exceed the possession quota, and of a size that complies with the size limit, set out in that item.
(3) Subsections (1) and (2) do not apply to
(a) an Indian who is in possession of the fish for food for their personal use or for the use of their immediate family;
(b) a person who has purchased the fish from a retail outlet or from a person who is legally authorized to sell such fish; or
(c) a person who is otherwise legally authorized to possess such fish.
(4) Persons referred to in subsection (3) shall produce without delay, at the request of a fishery officer,
(a) proof of their Indian status;
(b) a valid receipt or trade record for any fish in their possession; or
(c) the relevant document that legally authorizes the possession of the fish.
- SOR/2003-107, s. 2
- SOR/2006-119, s. 10
15 No person shall possess live bait fish in any area set out in the table to this section.
Area | |
---|---|
1 | Stocked trout waters set out in Schedule V |
2 | Duck Mountain Provincial Forest and Duck Mountain Provincial Park |
3 | Turtle Mountain Provincial Forest and Turtle Mountain Provincial Park |
4 | Whiteshell Provincial Park |
5 | That part of the Winnipeg River between Seven Sisters Generating Station and Whiteshell Provincial Park |
6 | The waters in the Northeast, Northwest and North Central Divisions |
7 | Porcupine Mountain Provincial Forest |
8 | Atikaki Provincial Park |
9 | South Atikaki Provincial Park |
- SOR/95-256, s. 2
- SOR/2006-119, s. 2
16 (1) No person shall possess live fish or live fish eggs unless authorized
(a) under the Fisheries Act (Manitoba);
(b) by a Live Fish Handling Permit; or
(c) by a salmonid permit issued under the Fish Health Protection Regulations.
(2) No person shall bring into Manitoba, possess in Manitoba or release into any waters of Manitoba fish eggs or live fish of a species set out in Schedule IX.
(3) No person shall bring into Manitoba for use as bait any live fish, crayfish, leeches or salamanders other than under the authority of a Live Fish Handling Permit.
- SOR/89-180, s. 4
- SOR/90-302, s. 3
- SOR/93-39, s. 2
- SOR/98-247, s. 7
Spoilage of Fish
16.1 No person shall handle, transport or dispose of any fish caught by fishing other than rough fish, in a way that will result in the spoilage or waste of the fish.
- SOR/89-180, s. 5
Non-retention of Fish
17 Every person who catches a fish the retention of which is prohibited by these Regulations shall forthwith release that fish to the water from which it was taken in a manner that causes the least possible further harm to that fish.
Release of Tagged Fish
18 No person who tags or marks any fish shall release that fish into any waters of Manitoba except as authorized by a Live Fish Handling Permit.
PART IVRecreational Fishing
- SOR/98-247, s. 8
Close Times and Quotas
19 (1) No person engaged in recreational fishing shall fish for or catch and retain any species of fish from the waters set out in an item of Schedule X by a method set out in that item during the close time set out in that item.
(2) Subject to subsection (6), no person engaged in recreational fishing shall, on any day, catch and retain fish of a species set out in an item of Part I of Schedule XI from the waters set out in that item in an amount that exceeds the daily quota, or of a size that does not comply with the size limit, set out in that item.
(3) Subject to subsection (6), no person engaged in recreational fishing shall, on any day, possess fish of a species set out in an item of Part I of Schedule XI from the waters set out in that item in an amount that exceeds the possession quota, or of a size that does not comply with the size limit, set out in that item.
(4) Subject to subsection (6), no person fishing under a conservation angling licence shall, on any day, catch and retain fish of a species set out in an item of Part II of Schedule XI from the waters set out in that item in an amount that exceeds the daily quota, or of a size that does not comply with the size limit, set out in that item.
(5) Subject to subsection (6), no person fishing under a conservation angling licence shall, on any day, possess fish of a species set out in an item of Part II of Schedule XI from the waters set out in that item in an amount that exceeds the possession quota, or of a size that does not comply with the size limit, set out in that item.
(6) No person engaged in recreational fishing shall catch and retain or possess, during the period beginning on April 1 in any year and ending on March 31 of the following year, fish of a species set out in an item of Schedule XI.1 from the waters set out in that item in an amount that exceeds the annual quota for the size limit set out in that item.
(7) Non-residents of Manitoba under 16 years of age, while engaged in recreational fishing, must
(a) hold a valid angling licence; or
(b) be accompanied by
(i) the holder of a valid angling licence, or
(ii) a resident of Manitoba under 16 years of age.
(8) All fish caught by non-residents accompanied by persons referred to in paragraph (7)(b) shall be counted as part of the catch of the person accompanying the non-resident.
- SOR/88-190, s. 4
- SOR/89-180, s. 6
- SOR/90-302, s. 4
- SOR/92-174, s. 2
- SOR/97-249, s. 2
- SOR/98-247, ss. 9, 28
- SOR/2000-310, s. 2
- SOR/2003-107, s. 3
- SOR/2006-119, s. 10
19.1 and 20 [Repealed, SOR/2003-107, s. 3]
Boundary Waters
21 Where any person catches and retains fish of any species from any waters common to Manitoba and an adjoining province, state or territory, the fish caught and retained from that portion of the waters located in the adjoining province, state or territory shall be counted in determining, for the purposes of these Regulations, whether any quota or size limit has been exceeded.
General Restrictions
22 (1) Subject to subsection (2), no person shall take or attempt to take fish by snagging, snaring, clubbing or gaffing or by the use of trap nets.
(2) A person may use a gaff hook to assist the person in landing a fish caught by angling.
(3) No person shall fish in a stocked trout lake or stocked trout stream by any means other than by angling.
- SOR/93-39, s. 3
- SOR/95-518, s. 3
- SOR/96-198, s. 2
23 No person shall use, for the purposes of recreational fishing, a boat that is propelled by any means other than human or electric power, in any waters set out in an item of Schedule XII.
- SOR/92-174, s. 3
- SOR/94-55, s. 1
- SOR/98-247, s. 28
24 (1) No person shall, unless the fish is being prepared for immediate consumption, possess any fish caught by recreational fishing that are dressed, packed or cut in such a manner that
(a) the species of fish cannot readily be identified;
(b) the number of fish cannot readily be counted; or
(c) where size limits are applicable, the size of the fish cannot readily be determined.
(2) For the purpose of paragraph (1)(a), the species of fish that has been filleted can be readily identified if an area of skin of at least 6 cm2 remains attached to each fillet.
- SOR/90-302, s. 6
- SOR/98-247, s. 28
Angling
25 (1) No person shall while angling
(a) in open water use more than a single line, or rod and line;
(b) in ice-covered water use more than two lines;
(c) have more than two hooks attached to a line;
(d) use any hook that is spring-loaded;
(e) use for bait
(i) any fish other than yellow perch, goldeye or mooneye caught by recreational fishing, baitfish or previously frozen smelt, or
(ii) the offal of any fish of a species set out in Schedule IX; or
(f) use any hook other than a barbless hook.
(2) No person who is engaged in recreational fishing shall possess a hook that is attached to the end of a fishing line if the hook is not a barbless hook.
(3) [Repealed, SOR/93-39, s. 4]
- SOR/89-180, s. 10
- SOR/90-302, s. 7
- SOR/92-174, s. 4
- SOR/93-39, s. 4
- SOR/98-247, s. 28
- SOR/2003-107, s. 9
26 Every person shall
(a) when angling in open water, keep the person’s line within sight; and
(b) when angling in ice-covered water, stay within 50 m of any line being used by that person.
27 [Repealed, SOR/98-247, s. 11]
28 No person shall use natural bait while angling in McHugh Lake.
29 (1) Where, pursuant to subsection 4(1), the provincial Minister or the Director varies a close time set out in Column IV of an item of Schedule X to permit angling, the provincial Minister or the Director may specify in the notice referred to in subsection 4(2) one or more of the angling gear restrictions set out in the table to this subsection.
Angling Gear Restrictions 1 Only barbless hooks allowed 2 No natural bait allowed 3 Only artificial flies allowed 4 Only single-pointed hooks allowed 5 Only multiple-pointed hooks allowed (2) Where one or more angling gear restrictions are specified by the provincial Minister or the Director pursuant to subsection (1), no person shall, in the waters to which the notice applies, angle in contravention of any of the angling gear restrictions specified in the notice.
- SOR/2003-107, s. 8
Spearfishing
30 No person shall engage in spearfishing
(a) unless he is swimming;
(b) [Repealed, SOR/89-180, s. 12]
(c) with a barbless spear.
- SOR/89-180, s. 12
31 (1) No person shall, by spearfishing, fish for or catch and retain any fish of a species set out in Part I of Schedule XIII.
(2) No person engaged in spearfishing while using scuba gear shall fish for or catch and retain any species of fish set out in Part II of Schedule XIII.
- SOR/89-180, s. 13(F)
Bow Fishing
32 No person shall engage in bow fishing
(a) for fish other than carp or suckers;
(b) except with a fish arrow attached to a line of at least 20 kg test strength;
(c) [Repealed, SOR/90-302, s. 9]
(d) in the Red River from the dam at Lockport to a point 1 km downstream; or
(e) in the Saskatchewan River from the Grand Rapids Generating Station to a point 1 km downstream.
- SOR/89-180, s. 14(E)
- SOR/90-302, s. 9
Dip Netting, Seine Netting and Minnow Trapping
33 (1) Subject to subsection (2), no person engaged in recreational fishing shall use a dip net to fish for any species of fish except
(a) rough fish;
(b) bait fish;
(c) lake whitefish; or
(d) carp.
(2) A person engaged in recreational fishing may use a dip net to assist in landing fish caught by angling.
(3) [Repealed, SOR/2004-39, s. 1]
(4) [Repealed, SOR/88-190, s. 5]
- SOR/88-190, s. 5
- SOR/97-249, s. 3
- SOR/98-247, s. 28
- SOR/2004-39, s. 1
34 No person shall recreational fish by means of a seine net or minnow trap for any fish other than bait fish or rough fish.
- SOR/98-247, s. 28
35 No person engaged in recreational fishing shall catch and retain in any day or possess an aggregate volume of bait fish, other than suckers and ciscoes, greater than 4 L.
- SOR/89-180, s. 15
- SOR/98-247, s. 28
35.1 No person engaged in recreational fishing shall possess more than 180 live bait fish.
- SOR/96-198, s. 4
- SOR/98-247, s. 28
36 No person shall engage in recreational fishing with
(a) a dip net, the mouth of which is greater than 1 m2;
(b) a seine net, the area of which is greater than 3 m2;
(c) a minnow trap
(i) the length of which is greater than 65 cm, or
(ii) the width, depth or diameter of which is greater than 35 cm; or
(d) a minnow trap on which that person’s name and address are not clearly marked.
- SOR/98-247, s. 28
37 No person shall engage in recreational fishing by any method set out in Column I of an item of the table to this section in any waters set out in Column III of that item for a species set out in Column II of that item.
Item | Column I | Column II | Column III |
---|---|---|---|
Method | Species | Waters | |
1 | Dip netting, seine netting or minnow trapping | All species |
|
2 | [Repealed, SOR/88-190, s. 6] |
- SOR/88-190, s. 6
- SOR/90-302, s. 10
- SOR/92-450, s. 2
- SOR/98-247, s. 28
Ice Fishing
38 A person placing an ice-fishing shelter on any ice-covered waters shall
(a) mark the person’s name and address clearly on the outside of the shelter in block letters at least 5 cm in height;
(b) subject to paragraph (c), remove the shelter from the ice-covered waters
(i) on or before the Sunday that falls between March 9 and March 15, in the case of the waters of the Red River,
(ii) by March 31 in the Southern Division, other than the waters of the Red River, or
(iii) by April 15 in any waters other than those referred to subparagraphs (i) and (ii); or
(c) where a fishery officer informs them that ice break-up appears imminent, remove the shelter from ice-covered waters at the direction of the fishery officer.
- SOR/88-190, s. 7(E)
- SOR/90-302, s. 21(F)
- SOR/95-256, s. 3
- SOR/97-249, s. 4
- SOR/2005-27, s. 3
PART VCommercial Fishing
Restrictions on Trade
39 No person shall sell, trade or barter or offer to sell, trade or barter any fish taken from any waters of Manitoba other than fish taken under the authority of a licence that authorizes commercial fishing issued under the Fisheries Act (Manitoba).
- SOR/90-302, s. 11
- SOR/98-247, s. 12
Close Times and Quotas
40 No person shall engage in commercial fishing in the waters set out in Column I of an item of Schedule XV for a species set out in Column II of that item during the close time set out in Column IV of that item.
41 The annual commercial fishing quota for waters set out in Column I of an item of Schedule XV for a species set out in Column II of that item is the weight amount set out in Column III of that item.
42 (1) Where a fishery officer has determined that an annual quota for a species of fish set out in Column II of an item of Schedule XV in the waters set out in Column I of that item has been or is about to be taken, the fishery officer shall give notice that the quota has been taken.
(2) The notice referred to in subsection (1) shall be given to the persons affected or likely to be affected by the notice by one or more of the methods referred to in subsection 4(2).
(3) Where a notice is given in accordance with subsection (1), no person shall engage in commercial fishing in any waters to which the notice applies for the species to which the notice applies.
- SOR/90-302, s. 21(F)
43 To determine whether, in respect of a species set out in Column I of an item of the table to this section, the annual quota set out in Column III of an item of Schedule XV or a quantity of whole fish set out as a condition of a licence has been taken, the weight of all fish taken shall be the sum of
(a) in the case of whole fish of a species, the weight of the fish at the time they are removed from a vessel; and
(b) in the case of processed fish of a species, the weight of the fish at the time they are removed from a vessel multiplied by the appropriate conversion factor set out in Column II, III or IV, as appropriate, of an item of the table to this section.
Item Column I Column II Column III Column IV Conversion Factor — Conversion Factor — Conversion Factor — Species Dressed Headless Dressed
Headless Drawn
Filleted 1 Lake trout 1.2 1.5 — 2 Lake whitefish 1.1 1.2 2.2 3 Northern pike 1.2 1.5 — 4 Sauger 1.1 1.4 2.4 5 Walleye 1.1 1.4 2.4
44 [Repealed, SOR/98-247, s. 13]
Gill Net Mesh Size Limits
45 (1) Where, pursuant to subsection 4(1), the provincial Minister or the Director varies a close time set out in Column IV of an item of Schedule XV to permit commercial fishing, the provincial Minister or the Director may specify in the notice referred to in subsection 4(2) a minimum and a maximum gill net mesh size limit from the gill net mesh size limits set out in the table to this subsection.
Gill Net Mesh Size Limits 1 76 mm 2 83 mm 3 89 mm 4 95 mm 5 102 mm 6 108 mm 7 114 mm 8 121 mm 9 127 mm 10 133 mm 11 140 mm 12 152 mm 13 178 mm 14 203 mm 15 229 mm 16 254 mm 17 279 mm 18 305 mm 19 330 mm (2) Where minimum or a maximum gill net mesh size limit is specified by the provincial Minister or the Director pursuant to subsection (1), no person shall fish in the waters to which the notice applies with a gill net the mesh size of which is smaller than the minimum, or larger than the maximum, gill net mesh size limit specified in the notice.
- SOR/90-302, s. 12
- SOR/94-414, s. 2
- SOR/2003-107, s. 8
Spacing and Marking of Gear
46 and 47 [Repealed, SOR/98-247, s. 14]
48 No person engaged in commercial fishing shall set any trap net in such a manner that the twine is less than 20 m from any previously set trap net.
49 and 50 [Repealed, SOR/98-247, s. 15]
Restricted Waters
51 No person engaged in commercial fishing shall, unless authorized by licence, fish by means of a net in any lake within 1.5 km of the location where a stream or river enters the lake.
52 and 53 [Repealed, SOR/98-247, s. 16]
PART VITicketable Offences
Prescribed Offences
54 The contravention of any provision of these Regulations set out in column II of an item of Schedule XVI is an offence to which section 79.7 of the Act applies and which may be described in tickets in the manner set out in column I of that item.
- SOR/91-381, s. 3
Fines
55 Where proceedings are commenced under section 79.7 of the Act, the amount of the fine for an offence described in column I of an item of Schedule XVI is the amount set out in column III of that item.
- SOR/91-381, s. 3
56 and 57 [Repealed, SOR/91-381, s. 3]
SCHEDULE I(Subsection 2(1))Bait Fish
SCHEDULE II(Subsection 2(1))High Quality Management Waters
- SOR/88-190, s. 8
- SOR/89-180, s. 17
- SOR/90-302, s. 14
- SOR/92-174, s. 5
- SOR/92-450, s. 3
- SOR/94-55, s. 2
- SOR/94-414, s. 3
- SOR/95-256, ss. 4 to 6
- SOR/96-198, s. 5
- SOR/97-249, s. 5
- SOR/98-247, ss. 17, 18
- SOR/99-189, ss. 3 to 5
- SOR/2000-310, s. 3
- SOR/2003-107, s. 4
- SOR/2005-27, s. 4
- SOR/2006-119, s. 3
SCHEDULE III(Subsection 2(1))Natural Brook Trout Waters
SCHEDULE IV(Subsection 2(1))Rough Fish
- SOR/97-249, s. 6
SCHEDULE V(Subsection 2(1) and section 15)Stocked Trout Waters
- SOR/88-190, ss. 9, 10
- SOR/89-180, s. 18
- SOR/90-302, s. 15
- SOR/92-174, s. 6
- SOR/92-450, s. 4
- SOR/94-55, ss. 3 to 7
- SOR/95-256, ss. 7 to 10
- SOR/96-198, ss. 6 to 8
- SOR/97-249, ss. 7, 8
- SOR/99-189, s. 6
- SOR/2000-310, s. 4
- SOR/2003-107, s. 5
- SOR/2004-39, s. 2
- SOR/2006-119, s. 4
SCHEDULE VI(Subsection 2(3))
Common and Scientific Names
Item | Column I | Column II |
---|---|---|
Common Name | Scientific Name | |
1 | Arctic char | Salvelinus alpinus |
2 | Arctic grayling | Thymallus arcticus |
3 | Black crappie | Pomoxis nigromaculatus |
4 | Bowfin | Amia calva |
5 | Brook trout | Salvelinus fontinalis |
6 | Brown trout | Salmo trutta |
7 | Carp | Cyprinus carpio |
8 | Catfish | members of the family Ictaluridae |
9 | Channel catfish | Ictalurus punctatus |
10 | Ciscoes | members of the subgenus Leucichthys of the trout family Salmonidae |
11 | Crayfish | members of the family Astacidae |
12 | Cutthroat trout | Oncorhynchus clarki |
13 | Darters | members of the subfamily Etheostomatinae |
13.1 | Freshwater mussels | members of the family Unionidae |
14 | Gars | members of the family Lepisosteidae |
15 | Gizzard shad | Dorosoma cepedianum |
16 | Goldeye | Hiodon alosoides |
17 | Goldfish | Carassius auratus |
18 | Grass carp | Ctenopharyngodon idella |
19 | Herrings | members of the family Clupeidae |
20 | Kokanee | Oncorhynchus nerka |
21 | Lake sturgeon | Acipenser fulvescens |
22 | Lake trout | Salvelinus namaycush |
23 | Lake whitefish | Coregonus clupeaformis |
24 | Largemouth bass | Micropterus salmoides |
25 | Leeches | members of the class Hirudinae |
26 | Minnows | members of the family Cyprinidae |
27 | Mooneye | Hiodon tergisus |
28 | Mudminnows | members of the family Umbridae |
29 | Muskellunge | Esox masquinongy |
30 | Northern pike | Esox lucius |
31 | Paddlefish | Polyodon spathula |
32 | Pallid sturgeon | Scaphyrhynchus albus |
33 | Rainbow trout | Oncorhynchus mykiss |
34 | Rock bass | Ambloplites rupestris |
35 | Salamanders | members of the order Caudata |
36 | Sauger | Stizostedion canadense |
37 | Sculpins | members of the family Cottidae |
38 | Shortnose sturgeon | Acipenser brevirostrum |
39 | Shovelnose sturgeon | Scaphyrhynchus platorynchus |
40 | Smallmouth bass | Micropterus dolomieu |
41 | Smelts | members of the family Osmeridea |
42 | Splake | Brook trout X Lake trout (hybrid) |
43 | Sticklebacks | members of the family Gasterosteidae |
44 | Suckers | members of the family Catostomidae |
45 | Trout-perches | members of the family Percopsidae |
46 | Utah chub | Gila atraria |
47 | Walleye | Stizostedion vitreum |
48 | Walking catfish | Clarais batrachus |
48.1 | White bass | Morone chrysops |
49 | Yellow perch | Perca flavescens |
50 | Zebra mussel | Dreissena polymorpha |
- SOR/90-302, s. 16
- SOR/92-174, s. 7
- SOR/92-450, s. 5
- SOR/94-55, ss. 8, 9
- SOR/99-189, s. 7(F)
SCHEDULE VII
SCHEDULE VIII(Section 13)Waters Closed for Other than Educational and Scientific Purposes
- SOR/92-450, s. 6
SCHEDULE IX(Subsection 16(2) and subparagraph 25(1)(e)(ii))Prohibited Species
- SOR/89-180, s. 22
- SOR/92-450, s. 7
- SOR/99-189, ss. 8, 9(F)
SCHEDULE X(Subsections 19(1) and 29(1))
Recreational Fishing Close Times
Item | Column I | Column II | Column III | Column IV |
---|---|---|---|---|
Waters | Species | Prohibited Method | Close Time | |
1 | The waters of the Southern Division | Any speciesFootnote for Recreational Fishing Close Times* | Any* | April 1 to the second Friday in May |
2 | The waters of the Northwest Division | Any species | Any | May 1 to the third Friday in May |
3 | The waters of the North Central Division | Any species | Any | May 1 to the third Friday in May |
4 | The waters of the Northeast Division | Any species | Any | December 31 to January 1 |
Return to footnote *The close time is considered to be separately and individually fixed for each method of recreational fishing for each species.
- SOR/94-55, s. 10
- SOR/95-256, s. 12
- SOR/98-247, s. 20
- SOR/99-189, s. 10
- SOR/2003-107, s. 9
SCHEDULE XI(Subsections 2(1), 14(1) and (2) and 19(2) to (5))Daily Quotas, Possession Quotas and Size Limits
Item | Column I | Column II | Column III | Column IV | Column V |
---|---|---|---|---|---|
Species | Waters | Daily Quota | Possession Quota | Size Limit | |
1 | Arctic Char | In any Division | 8 | 8 | Any size |
2 | Arctic Grayling | In any Division | 3 | 3 | Only 1 longer than 40 cm |
3 | Black Crappie | In any Division | 6 | 6 | Any size |
4 | Brook Trout | In any Division | 1 | 1 | No longer than 45 cm |
5 | Channel Catfish | In any Division | 4 | 4 | None longer than 60 cm |
6 | Freshwater Mussels | In any Division | 25 | 25 | Any size |
7 | Goldeye and Mooneye, in the aggregate | In any Division | 10 | 10 | Any size |
8 | Lake Sturgeon | In any Division | 0 | 0 | Any size |
9 | Lake Trout | In any Division | 2 | 2 | Only 1 longer than 65 cm |
10 | Lake Whitefish | In any Division | 25 | 25 | Any size |
11 | Largemouth Bass | In any Division | 0 | 0 | Any size |
12 | Muskellunge | In any Division | 0 | 0 | Any size |
13 | Northern Pike | In any Division | 6 | 6 | Only 1 longer than 75 cm |
13.1 | Perch | In any Division | 25 | 25 | Any size |
14 | Rock Bass | In any Division | 6 | 6 | Any size |
14.1 | Smallmouth Bass | In any Division | 4 | 4 | Only 1 longer than 40 cm |
15 | Stocked Trout (brook, brown, rainbow, cutthroat, splake, arctic char), in the aggregate | In any Division | 3 | 3 | Only 1 longer than 45 cm |
16 | Walleye and Sauger, in the aggregate | In any Division | 6 | 6 | Only 1 longer than 55 cm |
17 | White Bass | In any Division | 25 | 25 | Any size |
18 | Other species not set out in items 1 to 17 | In any Division | Any number | Any number | Any size |
Item | Column I | Column II | Column III | Column IV | Column V |
---|---|---|---|---|---|
Species | Waters | Daily Quota | Possession Quota | Size Limit | |
1 | Arctic Char | In any Division | 8 | 8 | Any size |
2 | Arctic Grayling | In any Division | 3 | 3 | Only 1 longer than 40 cm |
3 | Black Crappie | In any Division | 6 | 6 | Any size |
4 | Brook Trout | In any Division | 1 | 1 | No longer than 45 cm |
5 | Channel Catfish | In any Division | 1 | 1 | No longer than 60 cm |
6 | Freshwater Mussels | In any Division | 25 | 25 | Any size |
7 | Goldeye and Mooneye, in the aggregate | In any Division | 10 | 10 | Any size |
8 | Lake Sturgeon | In any Division | 0 | 0 | Any size |
9 | Lake Trout | In any Division | 1 | 1 | Any size |
10 | Lake Whitefish | In any Division | 25 | 25 | Any size |
11 | Largemouth Bass | In any Division | 0 | 0 | Any size |
12 | Muskellunge | In any Division | 0 | 0 | Any size |
13 | Northern Pike | In any Division | 4 | 4 | Only 1 longer than 75 cm |
13.1 | Perch | In any Division | 25 | 25 | Any size |
14 | Rock Bass | In any Division | 6 | 6 | Any size |
14.1 | Smallmouth Bass | In any Division | 2 | 2 | Only 1 longer than 40 cm |
15 | Stocked Trout (brook, brown, rainbow, cutthroat, splake, arctic char), in the aggregate | In any Division | 2 | 2 | Only 1 longer than 45 cm |
16 | Walleye and Sauger, in the aggregate | In any Division | 4 | 4 | Only 1 longer than 55 cm |
17 | White Bass | In any Division | 25 | 25 | Any size |
18 | Other species not set out in items 1 to 17 | In any Division | Any number | Any number | Any size |
- SOR/94-55, s. 10
- SOR/95-256, ss. 13 to 15
- SOR/98-247, ss. 21 to 23
- SOR/2003-107, s. 6
- SOR/2004-39, ss. 3, 4
- SOR/2006-119, ss. 5 to 8
SCHEDULE XI.1(Subsection 19(6))
Annual Quotas and Size Limits
Item | Column I | Column II | Column III |
---|---|---|---|
Species | Waters | Annual Quota and Size Limit | |
1 | Walleye |
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- SOR/2003-107, s. 6
- SOR/2005-27, s. 5
SCHEDULE XII(Section 23)Waters Where the Use of Boats Propelled by Means Other than Human or Electric Power Is Prohibited for Recreational Fishing
- SOR/92-174, s. 8
- SOR/92-450, s. 8
- SOR/93-39, s. 5(F)
- SOR/94-55, s. 10
- SOR/95-256, s. 16
- SOR/97-249, s. 9
- SOR/98-247, s. 24
- SOR/2004-39, s. 5
- SOR/2006-119, s. 9
SCHEDULE XIII(Section 31)Species in Respect of Which Spearfishing Is Prohibited
SCHEDULE XIV
SCHEDULE XV(Sections 40 to 43 and 45)
Annual Commercial Fishing Quotas and Close Times
Item | Column I | Column II | Column III | Column IV |
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Waters | Species | Annual Quota | Close Time | |
1 | Lake Winnipeg |
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2 | Cedar Lake |
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3 | Lake Manitoba |
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4 | Lake Winnipegosis |
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5 | All other bodies of water |
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- SOR/99-189, s. 11
SCHEDULE XVI(Sections 54 and 55)
Designated Offences and Prescribed Fines
Item | Column I | Column II | Column III |
---|---|---|---|
Description of Offence | Provision of these Regulations | Fine | |
1 | Fishing in prescribed waters without permit | 13 | $200 |
1.1 | Possess more fish than the possession quota | 14(1) | $100 plus $25 for each fish in excess of quota to a maximum of $1,000 |
1.2 | Possess fish of a size that does not comply with the size limit | 14(1) | $50 plus $25 for each fish to a maximum of $1,000 |
2 | Possession of live bait fish in prohibited areas | 15 | $200 |
3 | Possession of live fish eggs or live fish without permit | 16(1) | $200 |
4 | Bring into Manitoba live fish or fish eggs of a specified species | 16(2) | $250 |
5 | Possess in Manitoba live fish or fish eggs of a specified species | 16(2) | $250 |
6 | Release into any waters of Manitoba live fish or fish eggs of a specified species | 16(2) | $250 |
7 | Bring into Manitoba live fish, crayfish, leeches or salamanders for use as bait without permit | 16(3) | $200 |
8 | Handle fish such that it spoils or is wasted | 16.1 | $100 plus $20 for each fish up to a maximum of $1,000 |
9 | Transport fish such that it spoils or is wasted | 16.1 | $100 plus $20 for each fish up to a maximum of $1,000 |
10 | Dispose of fish such that it spoils or is wasted | 16.1 | $100 plus $20 for each fish up to a maximum of $1,000 |
11 | Failure to release fish in least harmful manner | 17 | $50 |
12 | Release tagged or marked fish without permit | 18 | $50 |
13 | Fishing during the close time | 19(1) | $200 |
13.1 | Catch and retain fish during the close time | 19(1) | $200 plus $25 for each fish caught and retained to a maximum of $1,000 |
14 | Catch and retain more fish than the daily quota | 19(2) | $100 plus $25 for each fish in excess of quota to a maximum of $1,000 |
15 | Catch and retain fish of a size that does not comply with the size limit | 19(2) | $50 plus $25 for each fish to a maximum of $1,000 |
16 | Possess more fish than the possession quota | 19(3) | $100 plus $25 for each fish in excess of quota to a maximum of $1,000 |
17 | Possess fish of a size that does not comply with the size limit | 19(3) | $50 plus $25 for each fish to a maximum of $1,000 |
18 | Catch and retain more fish than the daily quota | 19(4) | $100 plus $25 for each fish in excess of quota to a maximum of $1,000 |
19 | Catch and retain fish of a size that does not comply with the size limit | 19(4) | $50 plus $25 for each fish to a maximum of $1,000 |
20 | Possess more fish than the possession quota | 19(5) | $100 plus $25 for each fish in excess of quota to a maximum of $1,000 |
21 | Possess fish of a size that does not comply with the size limit | 19(5) | $50 plus $25 for each fish to a maximum of $1,000 |
22 | Catch and retain more fish than the annual quota for the size limit | 19(6) | $100 plus $25 for each fish to a maximum of $1,000 |
22.1 | Possess more fish than the annual quota for the size limit | 19(6) | $100 plus $25 for each fish to a maximum of $1,000 |
23 | Take or attempt to take fish by snagging | 22(1) | $150 |
24 | Take or attempt to take fish by snaring | 22(1) | $150 |
25 | Take or attempt to take fish by clubbing | 22(1) | $150 |
26 | Take or attempt to take fish by gaffing | 22(1) | $150 |
27 | Take or attempt to take fish by using a trap net | 22(1) | $150 |
28 | Use boat propelled other than by human or electric power for recreational fishing in specified waters | 23 | $75 |
29 | Possess fish dressed, packed or cut so that species cannot readily be identified | 24(1)(a) | $75 |
30 | Possess fish dressed, packed or cut so that number cannot readily be counted | 24(1)(b) | $75 |
31 | Possess fish dressed, packed or cut so that size cannot readily be determined | 24(1)(c) | $75 |
32 | Angling in open water with more than a single line | 25(1)(a) | $100 |
33 | Angling in ice-covered water with more than two lines | 25(1)(b) | $100 |
34 | Angling with more than two hooks on line | 25(1)(c) | $100 |
35 | Angling with spring-loaded hook | 25(1)(d) | $100 |
36 | Use of prohibited fish for bait | 25(1)(e) | $200 |
37 | Angling with other than barbless hook | 25(1)(f) | $50 |
38 | Possession of other than barbless hook on end of fishing line | 25(2) | $50 |
39 | Failure to keep line within sight | 26(a) | $50 |
40 | Failure to stay within 50 m of ice-fishing line | 26(b) | $50 |
41 | Use of natural bait on McHugh Lake | 28 | $50 |
42 | Spearfishing when not swimming | 30(a) | $150 |
43 | Spearfishing with barbless spear | 30(c) | $150 |
44 | Spearfishing for prohibited species | 31(1) | $150 |
45 | Spearfishing for prohibited species using scuba gear | 31(2) | $150 |
46 | Bow fishing for other than authorized species | 32(a) | $150 |
47 | Bow fishing with other than authorized gear | 32(b) | $150 |
48 | Bow fishing in the Red River between the dam at Lockport and a point 1 km downstream | 32(d) | $150 |
49 | Bow fishing in the Saskatchewan River between the Grand Rapids Generating Station and a point 1 km downstream | 32(e) | $150 |
50 | Engage in recreational fishing with dip net for other than authorized species | 33(1) | $150 |
51 | [Repealed, SOR/2004-39, s. 6] | ||
52 | Engage in recreational fishing with seine net or minnow trap for other than specified species | 34 | $150 |
53 | Catch and retain or possess more than four litres of bait fish while recreational fishing | 35 | $100 |
54 | Possess more than 180 live bait fish while recreational fishing | 35.1 | $100 |
55 | Engage in recreational fishing with oversized dip net | 36(a) | $100 |
56 | Engage in recreational fishing with oversized seine net | 36(b) | $100 |
57 | Engage in recreational fishing with oversized minnow trap | 36(c) | $100 |
58 | Engage in recreational fishing with minnow trap not clearly marked | 36(d) | $100 |
59 | Engage in recreational fishing by illegal method in specified waters | 37 | $100 |
60 | Fail to properly mark ice-fishing shelter | 38(a) | $50 |
61 | Failure to remove ice-fishing shelter by specified date or when ordered | 38(b), (c) | $150 |
62 | Sell fish not taken under specified licences | 39 | $500 |
63 | Trade fish not taken under specified licences | 39 | $500 |
64 | Barter fish not taken under specified licences | 39 | $500 |
65 | Offer to sell fish not taken under specified licences | 39 | $500 |
66 | Offer to trade fish not taken under specified licences | 39 | $500 |
67 | Offer to barter fish not taken under specified licences | 39 | $500 |
68 | Engage in commercial fishing during close time | 40 | $500 |
69 | Engage in commercial fishing by means of a net within 1.5 km of stream or river mouth | 51 | $250 |
- SOR/89-180, ss. 24 to 27, 28(F)
- SOR/90-302, ss. 19, 20, 21(F)
- SOR/93-39, s. 7
- SOR/98-247, ss. 25 to 28
- SOR/99-427, s. 1
- SOR/2003-107, s. 7
- SOR/2004-39, s. 6
SCHEDULE XVII(Sections 13.1 and 13.2)
Fishing Restrictions for Certain Species
Item | Column I | Column II | Column III |
---|---|---|---|
Waters | Species | Close Time | |
1 | That part of the Winnipeg River between the Manitoba — Ontario border and the Pine Falls Generating Station | Lake sturgeon | January 1 to December 31 |
2 | That part of the Nelson River and its tributaries from Whitemud Falls to Kelsey Generating Station including Duck and Sipiwesk Lakes | Lake sturgeon | January 1 to December 31 |
3 | Any other waters |
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- SOR/95-518, s. 4
- SOR/99-189, s. 12
- Date modified: