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

Regulations are current to 2019-08-28 and last amended on 2017-06-09. Previous Versions

Manitoba Fishery Regulations, 1987

SOR/87-509

FISHERIES ACT

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.

Short Title

 These Regulations may be cited as the Manitoba Fishery Regulations, 1987.

Interpretation

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    derby[Repealed, SOR/98-247, s. 1]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

    TABLE

    ItemColumn IColumn II
    SpeciesConversion Factor
    1Arctic grayling1.45
    2Brook trout1.38
    3Brown trout1.48
    4Channel catfish1.57
    5Lake trout1.53
    6Largemouth bass1.63
    7Northern pike1.57
    8Rainbow trout1.49
    9Smallmouth bass1.65
    10Walleye and sauger1.60
  • (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
 
Date modified: