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

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

Application

  •  (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

  •  (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    • (e) [Repealed, SOR/99-189, s. 1]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

  •  (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
  •  (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

 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

 A licence issued pursuant to these Regulations is the property of the Crown and is not transferable.

  •  (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

 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)

 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.

 [Repealed, SOR/98-247, s. 4]

Licence Conditions

  •  (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

 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

 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

 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
 
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