Vol. 145, No. 21 — October 12, 2011
Registration
SOR/2011-194 September 22, 2011
FISHERIES ACT
Regulations Amending Certain Regulations Made Under the Fisheries Act (Miscellaneous Program)
P.C. 2011-950 September 22, 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 Certain Regulations Made Under the Fisheries Act (Miscellaneous Program).
REGULATIONS AMENDING CERTAIN REGULATIONS
MADE UNDER THE FISHERIES ACT
(MISCELLANEOUS PROGRAM)
NORTHWEST TERRITORIES FISHERY REGULATIONS
1. The portion of items 1 to 23 under the heading “REGION I — MACKENZIE DELTA” of Schedule V to the Northwest Territories Fishery Regulations (see footnote 1) in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION I — MACKENZIE DELTA |
|
|
1. |
August 15 to October 15 |
|
2. |
September 1 to October 31 |
|
3. |
September 1 to October 31 |
|
4. |
September 1 to October 31 |
|
5. |
August 15 to October 15 |
|
6. |
September 1 to October 31 |
|
June 1 to June 30 |
|
|
September 1 to October 31 |
|
|
7. |
August 15 to October 15 |
|
8. |
September 1 to October 31 |
|
September 1 to October 31 |
|
|
September 1 to October 31 |
|
|
September 1 to October 31 |
|
|
9. |
August 15 to October 15 |
|
10. |
August 15 to October 15 |
|
11. |
June 1 to June 30 |
|
September 1 to October 31 |
|
|
September 1 to October 31 |
|
|
12. |
May 15 to June 15 |
|
August 7 to September 15 |
|
|
May 15 to June 15 |
|
|
May 15 to June 15 |
|
|
May 15 to June 15 |
|
|
13. |
May 15 to June 15 |
|
May 15 to June 15 |
|
|
May 15 to June 15 |
|
|
May 15 to June 15 |
|
|
14. |
May 15 to June 15 |
|
May 15 to June 15 |
|
|
May 15 to June 15 |
|
|
15. |
May 15 to June 15 |
|
May 15 to June 15 |
|
|
May 15 to June 15 |
|
|
May 15 to June 15 |
|
|
16. |
May 15 to June 15 |
|
May 15 to June 15 |
|
|
May 15 to June 15 |
|
|
17. |
August 15 to October 15 |
|
18. |
August 15 to October 15 |
|
19. |
September 1 to October 31 |
|
20. |
September 1 to October 31 |
|
21. |
May 15 to June 15 |
|
22. |
September 1 to October 31 |
|
23. |
August 15 to October 15 |
2. Item 24 under the heading “REGION I — MACKENZIE DELTA” of Schedule V to the Regulations is repealed.
3. The portion of items 25 to 34 under the heading “REGION I — MACKENZIE DELTA” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION I — MACKENZIE DELTA |
|
|
25. |
May 15 to June 15 |
|
26. |
August 15 to October 15 |
|
27. |
September 1 to October 31 |
|
28. |
September 1 to October 31 |
|
29. |
August 15 to October 15 |
|
30. |
September 1 to October 31 |
|
31. |
September 1 to October 31 |
|
32. |
September 1 to October 31 |
|
33. |
September 1 to October 31 |
|
34. |
September 1 to October 31 |
4. The portion of items 1 to 27 under the heading “REGION II — SLAVE MACKENZIE” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION II — SLAVE MACKENZIE |
|
|
1. |
August 15 to October 15 |
|
2. |
September 1 to October 31 |
|
3. |
September 1 to October 31 |
|
4. |
September 1 to October 31 |
|
5. |
August 15 to October 15 |
|
6. |
August 15 to October 15 |
|
7. |
August 15 to October 15 |
|
8. |
April 15 to June 15 |
|
9. |
August 15 to October 15 |
|
10. |
August 15 to October 15 |
|
11. |
August 15 to October 15 |
|
11.1 |
August 15 to October 15 |
|
12. |
May 15 to May 30 |
|
13. |
May 15 to May 30 |
|
14. |
May 15 to May 30 |
|
15. |
May 15 to May 30 |
|
16. |
May 15 to May 30 |
|
17. |
May 15 to May 30 |
|
18. |
August 15 to October 15 |
|
19. |
August 15 to October 15 |
|
20. |
August 15 to October 15 |
|
21. |
August 15 to October 15 |
|
22. |
August 15 to October 15 |
|
23. |
August 15 to October 15 |
|
24. |
May 15 to May 30 |
|
25. |
August 15 to October 15 |
|
26. |
August 15 to October 15 |
|
27. |
August 15 to October 15 |
5. Item 28 under the heading “REGION II — SLAVE MACKENZIE” of Schedule V to the Regulations is repealed.
6. The portion of items 29 to 75 under the heading “REGION II — SLAVE MACKENZIE” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION II — SLAVE MACKENZIE |
|
|
29. |
August 15 to October 15 |
|
30. |
August 15 to October 15 |
|
31. |
August 15 to October 15 |
|
32. |
August 15 to October 15 |
|
33. |
August 15 to October 15 |
|
34. |
August 15 to October 15 |
|
35. |
August 15 to October 15 |
|
36. |
August 15 to October 15 |
|
37. |
August 15 to October 15 |
|
38. |
August 15 to October 15 |
|
39. |
August 15 to October 15 |
|
40. |
August 15 to October 15 |
|
41. |
August 15 to October 15 |
|
42. |
August 15 to October 15 |
|
43. |
August 15 to October 15 |
|
44. |
August 15 to October 15 |
|
45. |
August 15 to October 15 |
|
46. |
August 15 to October 15 |
|
46.1 |
August 15 to October 15 |
|
47. |
August 15 to October 15 |
|
48. |
August 15 to October 15 |
|
49. |
August 15 to October 15 |
|
50. |
August 15 to October 15 |
|
51. |
August 15 to October 15 |
|
52. |
April 15 to June 15 |
|
53. |
May 15 to May 30 |
|
54. |
August 15 to October 15 |
|
55. |
August 15 to October 15 |
|
56. |
August 15 to October 15 |
|
57. |
August 15 to October 15 |
|
58. |
August 15 to October 15 |
|
59. |
August 15 to October 15 |
|
60. |
August 15 to October 15 |
|
61. |
August 15 to October 15 |
|
62. |
April 15 to June 15 |
|
63. |
August 15 to October 15 |
|
64. |
August 15 to October 15 |
|
65. |
August 15 to October 15 |
|
66. |
August 15 to October 15 |
|
67. |
August 15 to October 15 |
|
68. |
August 15 to October 15 |
|
69. |
August 15 to October 15 |
|
70. |
August 15 to October 15 |
|
71. |
August 15 to October 15 |
|
72. |
August 15 to October 15 |
|
73. |
August 15 to October 15 |
|
74. |
August 15 to October 15 |
|
75. |
August 15 to October 15 |
7. The portion of items 1 to 14 under the heading “REGION III — CENTRAL INLAND” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION III — CENTRAL INLAND |
|
|
1. |
August 15 to October 15 |
|
2. |
August 15 to October 15 |
|
3. |
August 15 to October 15 |
|
4. |
August 15 to October 15 |
|
5. |
August 15 to October 15 |
|
6. |
August 15 to October 15 |
|
7. |
August 15 to October 15 |
|
8. |
August 15 to October 15 |
|
9. |
August 15 to October 15 |
|
10. |
August 15 to October 15 |
|
11. |
August 15 to October 15 |
|
12. |
August 15 to October 15 |
|
13. |
August 15 to October 15 |
|
14. |
August 15 to October 15 |
8. The portion of items 16 to 20 under the heading “REGION III — CENTRAL INLAND” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION III — CENTRAL INLAND |
|
|
16. |
August 15 to October 15 |
|
17. |
August 15 to October 15 |
|
18. |
August 15 to October 15 |
|
19. |
August 15 to October 15 |
|
20. |
August 15 to October 15 |
9. The portion of items 22 and 23 under the heading “REGION III — CENTRAL INLAND” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION III — CENTRAL INLAND |
|
|
22. |
August 15 to October 15 |
|
23. |
August 15 to October 15 |
10. The portion of items 25 to 48 under the heading “REGION III — CENTRAL INLAND” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION III — CENTRAL INLAND |
|
|
25. |
August 15 to October 15 |
|
26. |
August 15 to October 15 |
|
27. |
August 15 to October 15 |
|
28. |
August 15 to October 15 |
|
29. |
August 15 to October 15 |
|
30. |
August 15 to October 15 |
|
31. |
August 15 to October 15 |
|
32. |
August 15 to October 15 |
|
33. |
August 15 to October 15 |
|
34. |
August 15 to October 15 |
|
35. |
August 15 to October 15 |
|
36. |
August 15 to October 15 |
|
37. |
August 15 to October 15 |
|
38. |
August 15 to October 15 |
|
39. |
August 15 to October 15 |
|
40. |
August 15 to October 15 |
|
41. |
August 15 to October 15 |
|
42. |
August 15 to October 15 |
|
43. |
August 15 to October 15 |
|
44. |
August 15 to October 15 |
|
45. |
August 15 to October 15 |
|
46. |
August 15 to October 15 |
|
47. |
August 15 to October 15 |
|
48. |
August 15 to October 15 |
11. The portion of items 50 to 62 under the heading “REGION III — CENTRAL INLAND” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION III — CENTRAL INLAND |
|
|
50. |
August 15 to October 15 |
|
51. |
August 15 to October 15 |
|
52. |
August 15 to October 15 |
|
53. |
August 15 to October 15 |
|
54. |
August 15 to October 15 |
|
55. |
August 15 to October 15 |
|
56. |
August 15 to October 15 |
|
57. |
August 15 to October 15 |
|
58. |
August 15 to October 15 |
|
59. |
August 15 to October 15 |
|
60. |
August 15 to October 15 |
|
61. |
August 15 to October 15 |
|
62. |
August 15 to October 15 |
12. The portion of item 16 under the heading “REGION IV — CENTRAL ARCTIC” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION IV — CENTRAL ARCTIC |
|
|
16. |
September 1 to October 31 |
13. The portion of item 21 under the heading “REGION IV — CENTRAL ARCTIC” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION IV — CENTRAL ARCTIC |
|
|
21. |
September 1 to October 31 |
14. Item 36 under the heading “REGION IV — CENTRAL ARCTIC” of Schedule V to the Regulations is repealed.
15. The portion of item 14.1 under the heading “REGION V — KEEWATIN” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION V — KEEWATIN |
|
|
14.1 |
August 15 to October 15 |
16. The portion of item 26.1 under the heading “REGION V — KEEWATIN” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION V — KEEWATIN |
|
|
26.1 |
August 15 to October 15 |
17. The portion of item 30 under the heading “REGION V — KEEWATIN” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION V — KEEWATIN |
|
|
30. |
August 15 to October 15 |
18. The portion of item 38 under the heading “REGION V — KEEWATIN” of Schedule V to the Regulations in column IV is replaced by the following:
|
Column I |
Column IV |
|---|---|
|
REGION V — KEEWATIN |
|
|
38. |
August 15 to October 15 |
YUKON TERRITORY FISHERY REGULATIONS
19. Schedule V to the Yukon Territory Fishery Regulations (see footnote 2) is replaced by Schedule V set out in Schedule 1 to these Regulations.
MANITOBA FISHERY REGULATIONS, 1987
20. The portion of item 4 of Schedule X to the Manitoba Fishery Regulations, 1987 (see footnote 3) in column IV is replaced by the following:
|
|
Column IV |
|---|---|
|
4. |
May 1 to the third Friday in May |
21. The portion of items 1 to 5 of Schedule XV to the Regulations in column IV is replaced by the following:
|
Item |
Column IV |
|---|---|
|
1. |
(a) April 1 to May 31 |
|
(b) April 1 to May 31 |
|
|
(c) September 15 to October 31 |
|
|
(d) May 15 to June 30 |
|
|
(e) April 1 to May 31 |
|
|
2. |
(a) May 1 to May 31 |
|
(b) September 15 to October 31 |
|
|
(c) May 1 to May 31 |
|
|
3. |
(a) April 1 to May 31 |
|
(b) April 1 to May 31 |
|
|
(c) September 15 to October 31 |
|
|
(d) April 1 to May 31 |
|
|
4. |
(a) April 1 to May 31 |
|
(b) April 1 to May 31 |
|
|
(c) September 15 to October 31 |
|
|
(d) April 1 to May 31 |
|
|
5. |
(a) May 1 to May 31 |
|
(b) April 1 to May 31 |
|
|
(c) May 1 to May 31 |
|
|
(d) September 15 to October 31 |
|
|
(e) May 15 to June 30 |
|
|
(f) September 1 to October 31 |
|
|
(g) May 1 to May 31 |
SASKATCHEWAN FISHERY REGULATIONS, 1995
22. Section 7 of the Saskatchewan Fishery Regulations, 1995 (see footnote 4) is replaced by the following:
7. (1) No person shall fish for or catch and retain any species of fish in the waters set out in column 1 of the schedule during a close time set out in column 2.
(2) No person shall fish for or catch and retain any species of fish in all waters of
- (a) Chopper Lake at approximately 54°13′ N 104°42′ W;
- (b) Jans Bay at approximately 55°10′ N 108°08′ W, Wepooskow Bay at approximately 55°12′ N 108°07′ W, and Wepooskow Narrows of Canoe Lake at approximately 55°10′ N 108°09′ W, all lying within Townships 71 and 72, Range 14, all west of the Third Meridian, and including all waters of Canoe Lake lying within a radius of 2.4 km from the intersection of the centre-line of Wepooskow Narrows with the easterly bank of Canoe Lake at approximately 55°10′30′′ N 108°08′50′′ W;
- (c) Keeley River lying between its intersections with 55°00′ N and with Jans Bay of Canoe Lake at approximately 55°10′ N 108°08′ W;
- (d) Indian Bay of Chitek Lake, lying east of a straight line drawn from a point of land at approximately 53°43′02′′ N 107°46′26′′ W, and extending to approximately 53°43′09′′ N 107°46′26′′ W; and
- (e) Parkbeg Reservoir at approximately 50°27′ N 106°16′ W.
23. The Regulations are amended by adding, after section 9, the schedule set out in Schedule 2 to these Regulations.
ALBERTA FISHERY REGULATIONS, 1998
24. Schedules 3 and 4 to the Alberta Fishery Regulations, 1985 (see footnote 5) are replaced by Schedules 3 and 4 set out in Schedule 3 to these Regulations.
25. Schedule 7 to the Regulations is replaced by Schedule 7 set out in Schedule 4 to these Regulations.
26. The portion of items 1 to 3 of Part 1 of Schedule 8 to the Regulations in column 3 is replaced by the following:
|
Item |
Column 3 |
|---|---|
|
1. |
August 1 to August 15 |
|
2. |
Apr. 1 to Dec. 31 |
|
3. |
Nov. 30 to August 15 |
27. The portion of items 1 to 3 of Part 2 of Schedule 8 of the Regulations in column 3 is replaced by the following:
|
Item |
Column 3 |
|---|---|
|
1. |
August 1 to August 15 |
|
2. |
Apr. 1 to Dec. 31 |
|
3. |
Nov. 30 to August 15 |
COMING INTO FORCE
28. These Regulations come into force on the day on which they are registered.
SCHEDULE 1
(Section 19)
SCHEDULE V
(Subsection 8(4))
PART I — LAKES
|
Item |
Column I |
Column II |
|---|---|---|
|
1. |
Any lake |
November 1 to November 30 |
PART II — RIVERS
|
Item |
Column I |
Column II |
|---|---|---|
|
1. |
Yukon River |
|
|
(a) upstream from Whitehorse Dam |
December 1 to December 31 |
|
|
(b) from Whitehorse Dam downstream to Robert Campbell Bridge |
December 1 to December 31 |
|
|
(c) from Robert Campbell Bridge downstream to Canada/USA boundary |
December 1 to December 31 |
|
|
2. |
Tatchun Creek and the waters of the Yukon River between fishing boundary signs located on the Yukon River 30 m upstream from the confluence of the Yukon River and Tatchun Creek and 30 m downstream from that confluence |
August 1 to September 30 |
|
3. |
Klukshu River |
|
|
(a) from Klukshu Lake downstream to a fishing boundary sign located approximately 1 km downstream from Haines Road culvert |
June 1 to December 1 |
|
|
(b) from a fishing boundary sign located approximately 1 km downstream from Haines Road culvert to a fishing boundary sign located approximately 30 m upstream from the confluence of the Klukshu River with the Tatshenshini River |
(i) 12:00 hours Tuesday to 06:00 hours on Saturday of each week from June 1 to July 7 |
|
|
(c) from a fishing boundary sign located approximately 30 m upstream from the confluence of Klukshu River with the Tatshenshini River downstream to that confluence |
12:00 Tuesday to 06:00 Saturday of each week from June 1 to October 1 |
|
|
4. |
Village Creek |
July 1 to October 15 |
|
5. |
Blanchard River |
July 24 to August 31 |
|
6. |
Tatshenshini River |
|
|
(a) downstream from a fishing boundary sign located approximately 30 m downstream from the confluence of Village Creek with the Tatshenshini River |
December 1 to December 31 |
|
|
(b) from a fishing boundary sign located approximately 100 m upstream from the confluence of Klukshu River with the Tatshenshini River and downstream to a fishing boundary sign located approximately 30 m downstream from the confluence of Village Creek with the Tatshenshini River |
12:00 Tuesday to 06:00 Saturday of each week from June 1 to October 1 |
|
|
(c) upstream from a fishing boundary sign located approximately 100 m upstream from the confluence of Klukshu River with the Tatshenshini River |
December 1 to December 31 |
|
|
7. |
Any other river, creek or stream not specified in this Part |
December 1 to December 31 |
SCHEDULE 2
(Section 23)
SCHEDULE
(Section 7)
CLOSE TIMES
|
|
Column 1 |
Column 2 |
|---|---|---|
|
1. |
All waters of the Ballantyne River and all waters of Ballantyne Bay of Deschambault Lake, at approximately 54°40′ N 103°33′ W, lying south of 54°37′30″ N and west of 103°40′ W. |
March 1 to June 15 |
|
2. |
Chachukew Lake, at approximately 55°12′40″ N, 103°02′ W, including Medicine Rapids, lying west of UTM Z13 625560. |
March 1 to May 31 |
|
3. |
All portions of Corneille Lake, including Carter Bay, lying west of UTM Z13 648000 at approximately 54°56′45″ N 102°42′37″ W. |
March 1 to May 31 |
|
4. |
All waters of the Fisher Creek, at approximately 54°44′ N 103°26′ W, and all waters of Fisher Bay of Deschambault Lake lying east of a line drawn south from a point of land on the north shore of the bay at approximately 54°45′ N 103°29′ W, to a point of land on the south shore of the bay, at approximately 54°44′ N 103°29′ W. |
March 1 to June 15 |
|
5. |
The portion of Iskwatam Lake, at approximately 55°34′ N 103°04′ W, lying south and east of a straight line extending from a point of land at approximately 55°33′45″ N 103°08′48″ W to a point of land at approximately 55°33′24″ N 103°08′00″ W, up to and including its juncture with Pow Lake. |
March 1 to May 31 |
|
6. |
The portion of Jan Lake, at approximately 54°56′ N 102°55′ W, lying north of a straight line connecting a point of land at approximately 54°58′03″ N 102°52′54″ W with a point of land at approximately 54°57′48″ N 102°52′39″ W. |
March 1 to May 31 |
|
7. |
All waters of Kisis Channel at approximately 55°51′ N 108°28′ W. |
March 1 to June 30 |
|
8. |
All waters of the McCusker River at approximately 55°32′ N 108°39′ W, of Niska Lake at approximately 55°35′ N 108°38′ W or Niska Channel at approximately 55°40′ N 108°39′ W, and Peter Pond Lake lying north of the north boundary of Township 74, in Range 18, west of the Third Meridian and south of a straight line joining the western extremity of a jut of land on the eastern bank of Niska Channel, at approximately 55°42′33″ N and 108°37′35″ W, with the eastern extremity of a jut of land on the western bank of Niska Channel, at approximately 55°43′04″ N 108°38′14″ W. |
March 1 to June 30 |
|
9. |
All waters of Muskike Lake at approximately 55°14′ N 103°04′ W. |
March 1 to May 31 |
|
10. |
All waters of the Oskikebuk River south of approximately 54°50′39″ N 103°51′30″ W, extending to and including waters west of approximately 103°44′29″ W on the West Arm. |
March 1 to June 15 |
|
11. |
All waters of Palf Creek, at approximately 55°01′ N 103°26′ W, and all waters of Hidden Bay lying north of the narrows of the bay at approximately 54°56′ N 103°24′ W. |
March 1 to June 15 |
|
12. |
All portions of Peter Pond Lake, including Vee Bay, lying between a straight line extending from the southernmost point of Fleury Point, at approximately 55°49′42″ N 108°37′45″ W, and extending westerly to the point of land at approximately 55°49′27″ N 108°40′12″ W, and a line extending from the point of land on Sandy Point at approximately 55°51′15″ N 108°40′54″ W, and extending westerly to a point of land at approximately 55°51′18″ N 108°43′00″ W. |
March 1 to June 30 |
|
13. |
All waters of Pow Lake at approximately 55°33′ N 103°10′ W, including the segment of unnamed river lying between Pow Lake and Iskwatam Lake. |
March 1 to May 31 |
|
14. |
All waters of the Puskwakau River at approximately 54°33′ N 103°34′ W, and all waters of Ballantyne Bay of Deschambault Lake lying south of a straight line drawn westerly from a jut of land on the eastern shore of the bay, at approximately 54°34′ N 103°31′ W, to the southern extremity of Williams Island, at approximately 54°34′ N 103°33′ W, to the eastern extremity of a point of land on the western shore of the bay at approximately 54°34′ N 103°37′ W. |
March 1 to June 15 |
|
15. |
All portions of Wood Lake, including Grassy Narrows, lying east of UTM Z13 612500 at approximately 55°17′ N 103°17′ W. |
March 1 to May 31 |
|
16. |
All waters of Van Pattens Creek and its tributaries lying within Township 33, Range 12; Township 34, Range 11; and Township 34, Range 12, all west of the Second Meridian, including all waters of Fishing Lake, at approximately 51°51′50″ N 103°35′08″ W, within a radius of 100 m from the intersection of the centreline of Van Pattens Creek and the northerly bank of Fishing Lake. |
April 1 to the Friday immediately preceding Victoria Day |
|
17. |
All waters of Konuto Lake at approximately 54º38′N 102º03′ W. |
April 1 to June 30 |
SCHEDULE 3
(Section 24)
SCHEDULE 3
(Section 4)
WATERS CLOSED TO ALL FISHING
|
Item |
Column 1 |
Column 2 |
|---|---|---|
|
1. |
Fish Management Zone 1 — Eastern Slopes |
|
|
(a) lakes |
(a) Apr. 1 to May 31 |
|
|
(b) flowing waters |
(b) Nov. 1 to May 31 |
|
|
2. |
Fish Management Zone 2 — Parkland-Prairie |
|
|
(a) lakes |
(a) Mar. 16 to May 8 |
|
|
(b) flowing waters |
(b) Nov. 1 to May 31 |
|
|
3. |
Fish Management Zone 3 — Northern Boreal |
|
|
(a) lakes |
(a) Apr. 1 to May 31 |
|
|
(b) flowing waters |
(b) Nov. 1 to May 31 |
SCHEDULE 4
(Section 15)
WATERS CLOSED TO SPORTFISHING
|
|
Column 1 |
Column 2 |
|---|---|---|
|
1. |
Fish Management Zone 1 — Eastern Slopes |
|
|
(a) lakes |
(a) Apr. 1 to May 31 |
|
|
(b) flowing waters |
(b) Nov. 1 to May 31 |
|
|
2. |
Fish Management Zone 2 — Parkland-Prairie |
|
|
(a) lakes |
(a) Mar. 16 to May 8 |
|
|
(b) flowing waters |
(b) Nov. 1 to May 31 |
|
|
3. |
Fish Management Zone 3 — Northern Boreal |
|
|
(a) lakes |
(a) Apr. 1 to May 31 |
|
|
(b) flowing waters |
(b) Nov. 1 to May 31 |
SCHEDULE 4
(Section 25)
SCHEDULE 7
(Sections 23 and 24)
|
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
|
1. |
Bait |
All water bodies |
Nov. 1 to Aug. 15 |
|
2. |
Bait fish |
All water bodies |
Nov. 1 to May 31 |
|
3. |
Fish as bait |
All water bodies |
Nov. 1 to May 31 |
|
4. |
Bait except maggots |
All water bodies |
Aug. 16 to Oct. 31 |
|
5. |
Hook size more than 10 mm |
All water bodies |
Oct. 1 to Jan. 15 |
|
6. |
Bait except maggots and meal worms |
All water bodies |
Apr. 1 to May 15 |
REGULATORY IMPACT
ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issue and objectives
Current fishery regulations made under the Fisheries Act set close times that specify when fishing seasons are closed for specific species of fish and/or specific bodies of water. In some cases, close times are year round or for a single day and can be modified through a regulatory tool called a variation order. These close times are modified annually to allow fishing during similar periods each year. The authority to vary close times by order is described in the Fishery (General) Regulations, which delegate the authority to Fisheries and Oceans Canada regional director generals or their provincial counterparts.
The Standing Joint Committee for the Scrutiny of Regulations (Committee) has expressed concern over how close times are set out in various regulations and the manner in which they are varied. The Committee contends that the manner in which such close times are used amounts to an improper sub-delegation of authority that is not supported by the Fisheries Act. The Department is taking the necessary steps to correct the aforementioned issues, and is seeking to amend close times, as appropriate, so that they more closely reflect when fishing should not occur for conservation, biological or management reasons.
These amendments will amend token (i.e. one day) and year-long related close times to more accurately reflect when fishing does not occur. These amendments are being made in a manner that will ensure maintenance of an orderly fishery, and preserve the Department’s ability to address conservation concerns.
The objective of the amendments is to ensure that the respective regulations operate as intended; specifically, that a close time is properly established by the Governor in Council, for a specified period of time. Furthermore, discontinued use of token and year-long close times will ensure that Governor in Council authority is not improperly sub-delegated in the process of varying close times.
Description and rationale
The amendments will amend token and year-long close times in a number of regulations made pursuant to the Fisheries Act. The Fisheries Act defines a close time as a “specified period during which fish to which it applies may not be fished, and ‘closed time’ or ‘closed season’ has a similar meaning.” The regulations being amended in this round of amendments are the Manitoba Fishery Regulations, 1987; the Northwest Territories Fishery Regulations; the Saskatchewan Fishery Regulations; the Yukon Territory Fishery Regulations; and the Alberta Fishery Regulations, 1998.
There are two particular types of close times that the Committee cites as a concern:
- (a) Year-round close times, e.g. January 1–December 31
When a close time is set in regulation for an entire calendar year it is considered by the Committee to be a permanent prohibition against fishing put in place by the Governor in Council. Use of a variation order to change such a close time is interpreted by the Committee as unauthorized officials rescinding a prohibition, rather than the Governor in Council, which is the body authorized to amend the regulations. - (b) Token close times, e.g. one day
When a very short close time is set in regulation, it is generally put in place to permit departmental officials to subsequently establish another close time by variation order if necessary. The Committee contends that this practice circumvents the sole authority of Governor in Council to set close times by sub-delegating the effective close time decision to regional director generals.
The amendments being made to the regulations are as follows:
- Manitoba Fishery Regulations, 1987: Amendments being made to these Regulations address the year-long close times listed in Schedule 10 (item 4), and column 4 of Schedule 15 to reflect current fishery management practices.
- Northwest Territories Fishery Regulations: Amendments being made to these Regulations include a repeal of items 24 (Region I — Mackenzie Delta), 28 (Region II — Slave Mackenzie) and 36 (Region IV — Central Arctic) of Schedule 5. These repeals are administrative in nature, as the recreational use of these waters (boating, fishing, etc.) has been prohibited; either the water body has been reclassified as contaminated, or the water body has been reclassified as a part of a national park. Therefore, the use of close times in this case would not be needed. As well, amendments are being made to the full list of close times in Schedule 5 to reflect current fishery management practices as well as spawning requirements.
- Saskatchewan Fishery Regulations: Amendments being made to the Regulations address section 7 (Close Times). Currently, this section is limited by the listing of one close time. Amendments being made to this section will introduce the use of a new schedule, which will list all the current close times for specific bodies of water located in the province. As well, subparagraph 7(2) will be repealed and replaced by a new subparagraph 2 that will describe a prohibition where no person shall fish, or catch and retain species of fish into the listed bodies of water.
- Yukon Territory Fishery Regulations: Amendments being made to the Regulations include a repeal of Part Ⅰ of Schedule 5, which currently lists token close times for specific lakes. Part Ⅰ will be replaced by a new table, which indicates the use of one close time for any lake in the region. Part Ⅱ of the schedule will repeal items 1–29, as a duplicative provision exists indicating one close time for any river in the region. The remaining items in Part Ⅱ will not be repealed as they reflect specific salmon migration patterns but will be renumbered.
- Alberta Fishery Regulations, 1998: Amendments being made to these Regulations include replacing schedules 3, 4, 7 and 8 to reflect current fishery management practices and actual closures for this fishery.
Rationale
The broad regulation-making power in section 43 of the Fisheries Act authorizes the Governor in Council to fix, in regulations, the close times, prohibitions, and gear restrictions, as well as to identify who can vary them. Currently, under the Fisheries Act, fishing seasons are managed by making close times in regulation, and then having fisheries officials vary the close times to properly reflect the fishing season. This allows officials to respond quickly to changing circumstances by varying close times, fishing quotas, and limits on the size and weight of fish.
The amendments will address the Committee’s concerns and set the close time to represent current fishery management practices. The ability to vary close times is a valuable instrument that can be implemented and adjusted quickly to ensure the proper management and control of marine and freshwater fisheries, and variation orders will continue to be used as needed to ensure conservation and protection of fish. This authority is described in section 6 of the Fishery (General) Regulations.
Variation Orders are used to close an area to fishing due to conservation concerns, such as when the quota is reached, when fish are spawning and congregated or when the water levels are low in rivers, making certain species of fish vulnerable.
Consultation
As the amendments to the regulations are minor and administrative in nature, it was determined that consultation was not necessary.
The amendments that will be made are in response to technical concerns from the Committee, and were prepared by the Department in collaboration with the provinces and territories.
As these amendments are strictly administrative in nature, the impact on the public and/or stakeholders is minimal. The Department is not changing any of the actual restrictions in a way that would impact fishing under this regulation. The changes adjust the content of schedules and address the use of a few items that address fishing equipment, moving some from a schedule into the text of the regulation. The amendments clarify and describe when fishing does not occur in each of the aforementioned regulations.
A second phase of close time amendments is currently underway, with major reviews of policy and scope to the following Regulations: the Aboriginal Communal Fishing Licenses Regulations; the Atlantic Fishing Regulations; the British Columbia Sport Fishing Regulations; the Foreign Vessel Fishing Regulations; the Maritime Provinces Fishery Regulations; the Alberta Fishery Regulations, 1998 and the Pacific Fishery Regulations. Therefore, consultation with various stakeholders will be taking place to ensure that the amendments to the close times reflect the management practices of the fishery and will minimize the adverse impacts, if any, on the livelihood of fishers.
Implementation, enforcement and service standards
The amendments will not generate any new costs in terms of enforcement, as no additional enforcement resources will be required to implement the amendments.
Commercial harvesters and recreational anglers will be informed of the amendments through the newspaper and radio media, and through Fishery Notices posted on the Department’s Web site. The media notices will also inform all sectors that continued compliance with all regulations is required. Meetings will be arranged to advise provincial and Aboriginal enforcement authorities of the amendments so that consistent messaging is relayed to the public.
Contact
Samia Hirani
Regulatory Analyst
Fisheries and Oceans Canada
200 Kent Street
Ottawa, Ontario
K1A 0E6
Telephone: 613-990-0122
Email: samia.hirani@dfo-mpo.gc.ca
Footnote a
S.C. 1991, c. 1, s. 12
Footnote b
R.S., c. F-14
Footnote 1
C.R.C., c. 847
Footnote 2
C.R.C., c. 854
Footnote 3
SOR/87-509
Footnote 4
SOR/95-233
Footnote 5
SOR/98-246