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

Regulations are current to 2022-06-20 and last amended on 2017-06-09. Previous Versions

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    • (c) [Repealed, SOR/89-180, s. 3]

  • (2) [Repealed, SOR/98-247, s. 3]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

PART IIIPossession and Transportation of Fish

  •  (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

 No person shall possess live bait fish in any area set out in the table to this section.

TABLE

Area
1Stocked trout waters set out in Schedule V
2Duck Mountain Provincial Forest and Duck Mountain Provincial Park
3Turtle Mountain Provincial Forest and Turtle Mountain Provincial Park
4Whiteshell Provincial Park
5That part of the Winnipeg River between Seven Sisters Generating Station and Whiteshell Provincial Park
6The waters in the Northeast, Northwest and North Central Divisions
7Porcupine Mountain Provincial Forest
8Atikaki Provincial Park
9South Atikaki Provincial Park
  • SOR/95-256, s. 2
  • SOR/2006-119, s. 2
  •  (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.

    • (c) [Repealed, SOR/2017-122, s. 2]

  • (2) No person shall, unless authorized, bring into Manitoba, possess in Manitoba or release into any waters of Manitoba live fish or live fish eggs of a species set out, in respect of Manitoba, in Part 2 of the schedule to the Aquatic Invasive Species Regulations.

  • (2.1) [Repealed, SOR/2015-121, s. 31]

  • (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
  • SOR/2008-278, s. 1
  • SOR/2011-39, s. 8(F)
  • SOR/2015-121, s. 31
  • SOR/2017-122, s. 2

Spoilage of Fish

 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

 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

 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

  •  (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

 [Repealed, SOR/2003-107, s. 3]

Boundary Waters

 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

  •  (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

 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
  •  (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
 
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