ARCHIVED — Regulations Amending the Quebec Fishery Regulations, 1990

P.C. 2011-829 July 29, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43 (see footnote a) of the Fisheries Act (see footnote b), hereby makes the annexed Regulations Amending the Quebec Fishery Regulations, 1990.

REGULATIONS AMENDING THE QUEBEC FISHERY REGULATIONS, 1990

AMENDMENTS

1. The definition “length” in subsection 2(1) of the Quebec Fishery Regulations, 1990 (see footnote 1) is replaced by the following:

“length” means

(a) in respect of an Atlantic salmon, the distance measured in a straight line from the tip of the snout to the fork of the tail,
(b) in respect of any other fish, the distance measured in a straight line from the tip of the snout to the tip of the caudal fin; (longueur)

2.The Regulations are amended by replacing “size” with “length” in the following provisions:

(a) subsection 4(1);
(b) paragraphs 38.1(a) and (b);
(c) section 40; and
(d) Schedule 2.

COMING INTO FORCE

3. These Regulations come into force on April 1, 2011.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Quebec Fishery Regulations, 1990 (QFR), made pursuant to the federal Fisheries Act, are aimed at controlling fishing activity in provincial waters involving freshwater as well as anadromous and catadromous species (species that live in salt water and spawn in fresh water, or vice versa).

The Service de la faune aquatique of Quebec’s Ministère des Ressources naturelles et de la Faune recently undertook a management plan for walleye and sauger that recommended to impose minimum size limits for those two species in nearly all Quebec waters.

The current definition of length in the QFR contains three different definitions (i.e. one method for measuring sturgeon, a second for eel and yellow perch, and a third for other fish species). The use of different measurement methods for the three fish species may cause confusion for anglers and fishery officers.

The objective of the Ministère des Ressources naturelles et de la Faune is to clarify the definition of catch length measurement. This will ensure that anglers easily understand which length should be used for measurement and that fisheries officers are able to effectively enforce the QFR.

Description and rationale

The definition of “length” under the QFR is changed to standardize the way all fish species are measured, with an exception for Atlantic salmon.

The length of Atlantic salmon is measured as the distance in a straight line from the tip of the snout to the fork of the tail. For all other species of fish, length is measured as the distance in a straight line from the tip of the snout to the tip of the caudal fin.

A specific definition is needed for Atlantic salmon to harmonize with the definitions used by adjacent provinces and also since the definition put forward for Atlantic salmon is a recognized international standard and is most commonly used.

Consultation

Quebec’s Ministère des Ressources naturelles et de la Faune consulted key partners in the wildlife sector through a consultative body known as the Table nationale de la faune (National Wildlife Table) [the Table]. The Table, legally recognized under the Act Respecting The Conservation and Development of Wildlife (L.R.Q. C-61.1), advises the Minister of Natural Resources and Wildlife on wildlife conservation and development issues, especially those concerning the development and promotion of hunting, fishing and trapping and the next generation of hunters, fishers and trappers.

Participating members are those agencies responsible for land management as well as federations of the wildlife resource users, such as the Federation of Quebec Outfitters; Trappers Federation managers in Quebec; the Quebec Federation of Hunters and Fishermen; the Quebec Federation for Atlantic Salmon; the Wildlife Foundation of Quebec; the Institute for Sustainable Development of First Nations of Quebec and Labrador; the Société des établissements de plein air du Québec; and Quebec Zecs (Quebec’s controlled harvesting zones).

This consultative body exists in all the administrative regions in the province, through Tables régionales de la faune (Regional Wildlife Tables) that bring together, as needed, regional representatives from the same organizations. Regional fishery managers in different areas of the province, associations of sport fishermen and anglers, and any other interested party may also propose changes to the Regulations and agree on workable solutions.

In the summer of 2010, consultation sessions were conducted with the Regional Wildlife Table, the Department of Agriculture, Fisheries and Food, Salmon Scientific Committee and First Nations.

A series of comments received was used to develop the final Regulations. The initial regulatory amendment called for a single definition and was voted in agreement by the Regional Wildlife Table and the Department of Agriculture, Fisheries and Food.

However, the Salmon Scientific Committee was opposed to the proposed amendment in respect of adjustment difficulties with previous data collected (where the length was measured at the fork) and analysis for Atlantic salmon. Given the morphological variability observed between different populations of salmon, it would be impossible to apply a correction factor to transform length measured to the tip of the caudal fin to measured to the fork at the tail. Moreover, such an approach would lead to substantial biases in the data, making it difficult to compare with previous data or with other jurisdictions. It would be impossible to ensure proper management of the species at the provincial level but also at international level given that the species is managed internationally. It was therefore agreed to exclude the Atlantic salmon from the modification to use a total length for measuring the fish caught and proceed with two definitions for length in the final regulatory proposal.

Implementation, enforcement and service standards

The public, certain tourism and fishing associations and various partners of the Ministère des Ressources naturelles et de la Faune will be informed through news releases and announcements in local and regional media. Brochures produced by the Department (i.e. Sport Fishing in Quebec — Basic Rules and Recreational Salmon Fishing — Basic Rules) clearly set out existing regulations and any new regulatory requirements. The brochures are distributed free of charge to fishers when they purchase their licences. No additional resources are needed to implement these regulatory amendments.

Contacts

Eve Ste-Marie
Policy Analyst
Legislation and Regulatory Affairs
Department of Fisheries and Oceans
200 Kent Street
Address Locator: 14E241
Ottawa, Ontario
K1A 0E6
Telephone: 613-993-0982
Fax: 613-990-0168

Valérie Harvey
Service de la réglementation, de la tarification et des permis (Regulation, Fee and Licensing Service)
Ministère des Ressources naturelles et de la Faune
880 Chemin Sainte-Foy, 2nd Floor
Québec, Quebec
G1S 4X4
Telephone: 418-521-3888, ext. 7393

Footnote a
S.C. 1991, c. 1, s. 12

Footnote b
R.S., c. F-14

Footnote 1
SOR/90-214

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