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

AMENDMENTS NOT IN FORCE

• — SOR/2023-28, s. 1

  • 1 The long title of the Manitoba Fishery Regulations, 1987Footnote ¹ is replaced by the following:

    • Return to footnote ¹SOR/87-509

    Manitoba Fishery Regulations, 1987

• — SOR/2023-28, s. 2

  • 2 Section 1 of the Regulations and the heading before it are repealed.

• — SOR/2023-28, s. 3

  • • 3 (1) The definitions conservation angling licence, dip net, fisherman’s number and high quality management waters in subsection 2(1) of the Regulations are repealed.

    • (2) The definitions Department, licence, provincial Minister and resident of Manitoba in subsection 2(1) of the Regulations are replaced by the following:

      Department

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

      licence

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

      provincial Minister

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

      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)

    • (3) The portion of the definition recreational fishing in subsection 2(1) of the Regulations before paragraph (a) is replaced by the following:

      recreational fishing

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

    • (4) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

      angling licence

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

      cast netting

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

      dip netting

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

      minnow trapping

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

      provincial Act

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

      seine netting

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

• — SOR/2023-28, s. 4

  • 4 Subsection 5(1) of the Regulations is replaced by the following:

    • • 5 (1) No person shall fish unless authorized by a licence or unless fishing without a licence is authorized under the Act or the provincial Act.

• — SOR/2023-28, s. 5

  • 5 Paragraph 8(1)(b) of the English version of the Regulations is replaced by the following:

    • (b) permit another person to use their licence.

• — SOR/2023-28, s. 6

  • • 6 (1) Paragraph 9(a) of the English version of the Regulations is replaced by the following:

      • (a) carry the licence on their person; and

    • (2) Section 9 of the Regulations is renumbered as subsection 9(1) and is amended by adding the following:

      • (2) The holder of an angling licence may comply with subsection (1) by carrying and producing an electronic version of the licence.

• — SOR/2023-28, s. 7

  • 7 Section 10 of the Regulations is replaced by the following:

    • 10 Every person to whom a licence, other than an angling licence, has been issued shall

      • (a) sign their name in the space provided for that purpose; or

      • (b) affix their mark in the space provided for that purpose in the presence of a witness who attests to the affixing of the mark.

    • 11 A licence is not valid if

      • (a) it is issued on the basis of false information;

      • (b) the correct date of issue is not entered on the licence; or

      • (c) in the case of a licence other than an angling licence, the requirements of section 10 have not been met.

• — SOR/2023-28, s. 8

  • • 8 (1) Subsections 14(1) and (2) of the Regulations are replaced by the following:

      • • 14 (1) Except as otherwise permitted under the Act or the provincial Act, no person shall possess fish of a species set out in an item of Schedule XI if the size of the fish does not comply with the size limit, or the amount possessed exceeds the possession quota, set out in that item.

    • (2) The portion of subsection 14(3) of the Regulations before paragraph (a) is replaced by the following:

      • (3) Subsection (1) does not apply to

• — SOR/2023-28, s. 9

  • 9 Subsection 16(1) of the Regulations is replaced by the following:

    • • 16 (1) No person shall possess live fish or live fish eggs unless authorized under the provincial Act or by a Live Fish Handling Permit.

• — SOR/2023-28, s. 10

  • 10 Section 16.1 of the Regulations is replaced by the following:

    • • 16.1 (1) If a fish is caught by fishing, no person shall handle, transport or dispose of it in a way that will result in the spoilage or waste of the fish.

      • (2) Subsection (1) does not apply in respect of rough fish caught by a person engaged in commercial fishing.

• — SOR/2023-28, s. 11

  • • 11 (1) Subsections 19(2) to (6) of the Regulations are replaced by the following:

      • (2) For the purpose of subsection (1), the close times set out in Schedule X are considered to be fixed separately and individually for each method of recreational fishing and for each species.

      • (3) No person engaged in recreational fishing shall, on any day, catch and retain fish of a species set out in an item of Schedule XI from the waters set out in that item if the size of the fish does not comply with the size limit, or the amount caught and retained exceeds the daily quota, set out in that item.

      • (4) No person engaged in recreational fishing shall, on any day, possess fish of a species set out in an item of Schedule XI from the waters set out in that item if the size of the fish does not comply with the size limit, or the amount possessed exceeds the possession quota, set out in that item.

    • (2) The portion of subsection 19(7) of the Regulations before paragraph (a) is replaced by the following:

      • (7) A person who is not a resident of Manitoba and is under 16 years of age must, while engaged in recreational fishing,

    • (3) The portion of paragraph 19(7)(b) of the French version of the Regulations before subparagraph (i) is replaced by the following:

      • b) soit accompagnée, selon le cas :

    • (4) Subparagraph 19(7)(b)(ii) of the Regulations is replaced by the following:

      • (ii) a resident of Manitoba who is authorized under the provincial Act to engage in recreational fishing without a licence.

• — SOR/2023-28, s. 12

  • 12 Section 28 of the Regulations is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (f) and by adding the following after paragraph (f):

    • (g) West Watjask Lake (51°39′ N., 101°27′ W.).

• — SOR/2023-28, s. 13

  • 13 Section 30 of the Regulations is replaced by the following:

    • 30 No person shall engage in spearfishing unless they are swimming and using a barbed spear.

• — SOR/2023-28, s. 14

  • 14 The heading before section 33 of the Regulations is replaced by the following:

    Dip Netting, Cast Netting, Seine Netting and Minnow Trapping

• — SOR/2023-28, s. 15

  • 15 Subsection 33(1) of the Regulations is replaced by the following:

    • • 33 (1) Subject to subsections (1.1) and (2), no person engaged in recreational fishing shall use a dip net, cast net, seine net or minnow trap to fish for any species of fish except bait fish or common carp.

      • (1.1) Subject to subsection (2), no person engaged in recreational fishing shall use a dip net, cast net, seine net or minnow trap to fish for any species of fish in

        • (a) the Saskatchewan River from the Grand Rapids Generating Station to a point 1 km downstream;

        • (b) stocked trout lakes; or

        • (c) stocked trout streams.

• — SOR/2023-28, s. 16

  • 16 Section 34 of the Regulations is repealed.

• — SOR/2023-28, s. 17

  • 17 Section 36 of the Regulations is amended by adding the following after paragraph (a):

    • (a.1) a cast net, the area of which is greater than 3 m²;

• — SOR/2023-28, s. 18

  • 18 Section 37 of the Regulations is repealed.

• — SOR/2023-28, s. 19

  • 19 Section 38 of the Regulations is replaced by the following:

    • • 38 (1) A person placing an ice-fishing shelter on any ice-covered waters shall, if the shelter is left unattended, mark the following information clearly on the outside of the shelter in block letters at least 5 cm in height:

        • (a) their full name or the customer identification number indicated on their angling licence; and

        • (b) their phone number.

      • (2) Subject to subsection (3), the person shall remove the shelter from the ice-covered waters

        • (a) on or before the Sunday that falls between March 9 and March 15, in the case of the waters of the Red River;

        • (b) on or before March 15, in the case of the waters of Area B of the Southern Division;

        • (c) on or before March 31, in the case of the waters of the Southern Division other than those referred to in paragraphs (a) and (b); or

        • (d) on or before April 15, in the case of any waters other than those referred to in paragraphs (a) to (c).

      • (3) The person shall remove the shelter from the ice-covered waters at the direction of the fishery officer if the officer informs them that ice break-up appears imminent.

• — SOR/2023-28, s. 20

  • 20 Section 39 of the Regulations is replaced by the following:

    • 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 provincial Act.

• — SOR/2023-28, s. 21

  • 21 The portion of items 1 and 3 of the table to section 43 of the Regulations in column IV is replaced by the following:

    Item	Column IV
    	Conversion Factor —
    	Filleted
    1	2.5
    3	2.5

• — SOR/2023-28, s. 22

  • 22 Item 3 of Schedule I to the Regulations is replaced by the following:

    • 3 

      Minnows, except common carp, goldfish and carmine shiners

• — SOR/2023-28, s. 23

  • 23 Item 7 of Schedule I to the Regulations is replaced by the following:

    • 7 

      Suckers, except bigmouth buffalo

• — SOR/2023-28, s. 24

  • 24 Schedule II to the Regulations is repealed.

• — SOR/2023-28, s. 25

  • 25 Items 3 and 4 of Schedule IV to the Regulations are replaced by the following:

    • 3 

      Minnows, except common carp
    • 4 

      Suckers, except bigmouth buffalo

• — SOR/2023-28, s. 26

  • 26 Item 7.1 of Part I of Schedule V to the Regulations is repealed.

• — SOR/2023-28, s. 27

  • 27 Part I of Schedule V to the Regulations is amended by adding the following after item 75:

    • 76 

      West Blue Lake (51°36′N., 100°56′W.)
    • 77 

      Tees Lake (51°33′N., 101°26′W.)
    • 78 

      Elgin Reservoir (49°26′N., 100°14′W.)

• — SOR/2023-28, s. 28

  • 28 Part II of Schedule V to the Regulations is amended by adding the following after item 7:

    • 7.1 

      Goose River (54°19′N., 101°48′W.), from the water control structure downstream to Goose Lake

• — SOR/2023-28, s. 29

  • 29 Item 7 of Schedule VI to the Regulations is repealed.

• — SOR/2023-28, s. 30

  • 30 The portion of items 11, 36 and 47 of Schedule VI to the Regulations in column II is replaced by the following:

    Item	Column II
    	Scientific Name
    11	members of the family Cambaridae
    36	Sander canadensis
    47	Sander vitreus

• — SOR/2023-28, s. 31

  • • 31 (1) The heading of column I of the French version of Schedule VI to the Regulations is replaced by “Nom commun”.

    • (2) Schedule VI to the Regulations is amended by adding the following in numerical order:

      Item	Column I	Column II
      	Common Name	Scientific Name
      2.1	Bigmouth buffalo	Ictiobus cyprinellus
      2.2	Black bullhead	Ameiurus melas
      3.1	Bluegill	Lepomis macrochirus
      5.1	Brown bullhead	Ameiurus nebulosus
      6.1	Burbot	Lota lota
      10.1	Common carp	Cyprinus carpio (not including members of the subspecies koi)
      13.01	Freshwater drum	Aplodinotus grunniens
      32.1	Pumpkinseed	Lepomis gibbosus

• — SOR/2023-28, s. 32

  • 32 Schedules X to XI.1 to the Regulations are replaced by the Schedules X and XI set out in Schedule 1 to these Regulations.

    SCHEDULE X(Subsections 19(1) and (2) and 29(1))

    Item	Column I	Column II	Column III	Column IV
    	Waters	Species	Prohibited Method	Close Time
    1	The waters of the Northeast Division	Any species	Any	December 31 to January 1
    2	The waters of the Northwest Division	(a) Walleye and sauger	Any	May 1 to the third Friday in May
    		(b) Lake sturgeon	Any	May 1 to June 30
    		(c) Any other species	Any	December 31 to January 1
    3	The waters of the North Central Division	(a) Walleye and sauger	Any	May 1 to the third Friday in May
    		(b) Lake sturgeon	Any	May 1 to June 30
    		(c) Any other species	Any	December 31 to January 1
    4	The waters of the Southern Division, other than those referred to in items 5 to 7	(a) Walleye and sauger	Any	The first Monday in April to the second Friday in May
    		(b) Lake trout	Any	September 15 to October 31
    		(c) Lake sturgeon	Any	May 1 to June 15
    		(d) Any other species	Any	December 31 to January 1
    5	Red River between St. Andrews Lock and Dam (Lockport) and Lake Winnipeg, including its tributaries to the first impassable barrier	(a) Lake sturgeon	Any	The first Monday in April to June 15
    		(b) Any other species	Any	The first Monday in April to the second Friday in May
    6	Assiniboine River downstream of the Portage Diversion to Highway 240	(a) Lake sturgeon	Any	The first Monday in April to June 15
    		(b) Any other species	Any	The first Monday in April to the second Friday in May
    7	Dauphin Lake and its tributaries, excluding the Vermilion Reservoir	Any species	Any	April 1 to the second Friday in May

    SCHEDULE XI(Subsections 14(1) and 19(3) and (4))

    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	None longer than 40 cm
    3	Bigmouth buffalo	In any Division	0	0	Any size
    4	Black crappie	In any Division	6	6	None longer than 35 cm
    5	Bluegill and pumpkinseed, in the aggregate	In any Division	10	10	Any size
    6	Brook trout	In any Division	1	1	None longer than 45 cm
    7	Brown bullhead and black bullhead, in the aggregate	In any Division	25	25	Any size
    8	Burbot	In any Division	6	6	None longer than 70 cm
    9	Channel catfish	In any Division	4	4	None longer than 60 cm
    10	Freshwater drum	In any Division	10	10	None longer than 60 cm
    11	Freshwater mussels	In any Division	25	25	Any size
    12	Goldeye and mooneye, in the aggregate	In any Division	10	10	Any size
    13	Lake sturgeon	In any Division	0	0	Any size
    14	Lake trout	In any Division	1	1	None longer than 65 cm
    15	Lake whitefish	In any Division	10	10	Any size
    16	Largemouth bass	In any Division	0	0	Any size
    17	Muskellunge	In any Division	0	0	Any size
    18	Northern pike	In any Division	4	4	None longer than 75 cm
    19	Rock bass	In any Division	6	6	Any size
    20	Smallmouth bass	In any Division	4	4	None longer than 45 cm
    21	Stocked trout (brook, brown, cutthroat, rainbow, splake, arctic char), in the aggregate	In any Division	3	3	Only 1 longer than 45 cm and none longer than 60 cm
    22	Walleye and sauger, in the aggregate	In any Division	4	4	None longer than 55 cm
    23	White bass	In any Division	10	10	Any size
    24	Yellow perch	In any Division	25	25	Any size
    25	Any other species	In any Division	Any number	Any number	Any size

• — SOR/2023-28, s. 33

  • 33 Schedule XII to the Regulations is amended by adding the following after item 32:

    • 33 

      Lac du Bonnet Ponds (50°17′N., 96°01′W.)

• — SOR/2023-28, s. 34

  • 34 Schedule XV to the Regulations is replaced by the Schedule XV set out in Schedule 2 to these Regulations.

    SCHEDULE XV(Sections 40 and 41, subsection 42(1), section 43 and subsection 45(1))

    Item	Column I	Column II	Column III	Column IV
    	Waters	Species	Annual Quota	Close Time
    1	Lake Winnipeg	(a) Walleye, sauger and lake whitefish, in the aggregate	6 100 000 kg	April 1 to May 31
    		(b) Any other species, except lake sturgeon	Unlimited	April 1 to May 31
    2	Cedar Lake	(a) Walleye, sauger, lake whitefish and goldeye, in the aggregate	496 000 kg	May 1 to May 31
    		(b) Any other species, except lake sturgeon	Unlimited	May 1 to May 31
    3	Lake Manitoba	(a) Walleye and sauger, in the aggregate	907 200 kg	April 1 to May 31
    		(b) Any other species, except lake sturgeon	Unlimited	April 1 to May 31
    4	Lake Winnipegosis	(a) Walleye	270 000 kg	November 1 to May 31
    		(b) Any other species, except lake sturgeon	Unlimited	April 1 to May 31
    5	All other bodies of water	(a) Walleye and sauger, in the aggregate	2 000 000 kg	May 1 to May 31
    		(b) Northern pike	2 000 000 kg	April 1 to May 31
    		(c) Lake whitefish	2 000 000 kg	April 1 to May 31
    		(d) Any other species, except lake sturgeon	Unlimited	April 1 to May 31

• — SOR/2023-28, s. 35

  • 35 Items 18 to 22.1, 52 and 59 of Schedule XVI to the Regulations are repealed.

• — SOR/2023-28, s. 36

  • 36 The portion of items 8 to 10, 14 to 17, 42, 43, 60 and 61 of Schedule XVI to the Regulations in column II is replaced by the following:

    Item	Column II
    	Provision of these Regulations
    8	16.1(1)
    9	16.1(1)
    10	16.1(1)
    14	19(3)
    15	19(3)
    16	19(4)
    17	19(4)
    42	30
    43	30
    60	38(1)
    61	38(2), (3)

• — SOR/2023-28, s. 37

  • 37 The portion of item 50 of Schedule XVI to the Regulations in column I is replaced by the following:

    Item	Column I
    	Description of Offence
    50	Engage in recreational fishing with dip net, cast net, seine net or minnow trap for other than authorized species

• — SOR/2023-28, s. 38

  • 38 Schedule XVI to the Regulations is amended by adding the following in numerical order:

    Item	Column I	Column II	Column III
    	Description of Offence	Provision of these Regulations	Fine
    51	Engage in recreational fishing by illegal method in specified waters	33(1.1)	$100
    55.1	Engage in recreational fishing with oversized cast net	36(a.1)	$100