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Registration

SOR/2012-67 March 30, 2012

FISHERIES ACT

Regulations Amending the Manitoba Fishery Regulations, 1987

P.C. 2012-347 March 29, 2012

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 Manitoba Fishery Regulations, 1987.

REGULATIONS AMENDING THE MANITOBA FISHERY REGULATIONS, 1987

AMENDMENTS

1. Section 28 of the Manitoba Fishery Regulations, 1987 (see footnote 1) is amended by adding the following after paragraph (c):

  1. (c.1) Persse Lake (51°33 N., 101°25 W.) 44 km north of Roblin;

2. Part Ⅰ of Schedule V to the Regulations is amended by adding the following after item 71:

72. Beautiful Lake (51°33′49″ N., 100°59′59″ W.)

73. Black Beaver Lake (51°46′29″ N., 100°52′55″ W.)

74. Lake 400 (50°31′16″ N., 100°10′18″ W.)

75. Persse Lake (51°33′30″ N., 101°25′57″ W.)

3. Schedule XII to the Regulations is amended by adding the following after item 30:

31. Antons Lake (50°16′ N., 99°54′ W.)

32. Persse Lake (51°33′ N., 101°25′ W.)

COMING INTO FORCE

4. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue

The Province of Manitoba stocks select waters with trout to enhance and diversify angling opportunities. These activities are undertaken in accordance with the provincial stocking program, and are also subject to additional regulatory provisions, examples of which include daily limits and possession quotas, restrictions on the use of live and/or natural bait, specifications of gear type, and prohibitions on certain types of watercraft propulsion. Since some of the stocked trout waters are not presently listed in the Manitoba Fishery Regulations, 1987 (the Regulations), the provisions related to stocked trout waters do not apply and therefore cannot be enforced.

Objectives

The objective of these amendments is to update the necessary schedules so that the related provisions of the Regulations can be applied and enforced regarding the listed lakes. The amendments to the Regulations have been requested by the Province of Manitoba for the conservation and protection of Manitoba’s fish populations.

Description and rationale

The Manitoba provincial government manages the province’s freshwater fisheries authority delegated by way of the Manitoba Fishery Regulations, 1987. All amendments to the Regulations must be made by the Governor in Council because they are made under federal legislation. Manitoba Water Stewardship is the provincial government agency responsible for fisheries management in Manitoba. Water Stewardship has requested the following regulatory amendments for 2012:

1. Addition to Part Ⅰ of Schedule V, Stocked Trout Lakes

The amendments will add Beautiful Lake, Black Beaver Lake, Lake 400, and Persse Lake to Part Ⅰ (“Stocked Trout Lakes”) of Schedule V (“Stocked Trout Waters”) of the Regulations. These amendments will ensure that there is an accurate and up-to-date listing of stocked trout waters and ensure provisions of the Manitoba Fishery Regulations, 1987, as they relate to stocked trout lakes, are applicable to the added lakes.

While conservation of stocked trout is not an issue, catch limits, angling methods, close times and other restrictions are usually established in stocked waters to provide protection and maintain quality fisheries. Certain Manitoba waters are stocked with trout specifically to promote the use of provincially stocked trout fisheries by resident and non-resident anglers, and to enhance and diversify angling opportunities. The provincial stocking program is designed to meet user group expectations and demands.

Addition of water bodies to the schedules of stocked trout waters will provide additional fishing opportunities. It will also improve angling and provide further tourism opportunities into areas where businesses rely on anglers for their livelihood. Quality trout fishing attracts anglers from across North America and around the world. In 2005, the Government of Canada and Manitoba conducted an angling survey that provided information on the economic impacts of fishing. The survey showed that non-resident anglers spent on average $214.26 per day on angling. The majority of the expenditure occurs where the fishing resources are located. For rural Manitoba, tourism provides a means of diversifying local economies by providing increased economic opportunities for industry (purchase of fishing tackle, fishing gear, etc.), angling licence revenues and local community benefits (lodging, petrol, etc.).

2. Addition of waters to section 28 where natural bait is prohibited

This amendment will add Persse Lake to the list of waters where the use of natural bait while angling is prohibited. Natural bait is defined as any material used to attract fish, which is partly or wholly composed of plants, animals or plant or animal products (i.e., leeches, worms, frozen minnows, corn), but does not include an artificial fly. Natural bait is different from bait fish, as bait fish is defined as any species of fish set out in Schedule I. As with all stocked trout waters listed in Schedule V, the possession of live bait fish in Persse Lake will be prohibited under section 15 of the Regulations. However, the use of natural bait will be prohibited in this lake because natural bait can lead to various undesirable outcomes that can contribute to higher mortality rates. Some natural bait, such as worms, leeches, and crayfish, can become vectors for diseases and invasive species. As well, corn, used to imitate fish eggs, can obstruct the digestive tract in smaller trout, contributing to mortality rates.

The aim of this amendment is to protect trout stocks by avoiding unintentional mortality due to deep hook ingestion, which is associated with using natural bait. When using natural bait, fish are more likely to quickly ingest the bait, causing deep hooking and associated damage, and/or death to the hooked fish. As opposed to natural bait, using artificial bait will generally reduce damage and decrease the unwanted fish mortality as the targeted fish will not deeply ingest the artificial bait. Therefore, for fishing activities where the goal is to release the caught fish, limiting the use of natural bait is preferred. These efforts are part of Manitoba’s strategy to increase the quality and experience of recreational angling opportunities in the province.

Angling associations play an important role in developing these types of recreational fishing opportunities. Local groups have requested the implementation of these amendments about which stakeholders were consulted and which were vetted by fisheries scientists and regional fisheries managers.

According to subsection 22(3) of the Regulations, fishing in Persse Lake, like in all stocked trout lakes and stocked trout streams, is limited to recreational angling and has been developed for tourism by the local fish and game association (Fish and Lake Improvement Program for the Parkland Region — FLIPPR). Currently, no other lakes have been identified as needing to be listed to ban natural bait. In some cases, regulatory changes to restrict natural bait have not been requested. In other cases, water bodies have different characteristics that do not warrant the same level of concerns as outlined above.

3. Addition to Schedule XII of the list of waters where the use of boats propelled by means other than human or electric power is prohibited for recreational fishing

These amendments will result in anglers fishing on Antons Lake and Persse Lake being restricted to the use of electric powered motors on boats. Both lakes would be added to Schedule XII: “Waters Where the Use of Boats Propelled by Means Other than Human or Electric Power Is Prohibited for Recreational Fishing.” Stakeholders in the area requested this change to improve the overall fishing experience and create a pristine environment. There are other lakes across the province subject to similar restrictions. The regulation only applies to boaters who are actively engaged in recreational fishing, and will not have an impact on recreational boaters not engaged in recreational fishing.

The above-mentioned amendments will help to ensure the maintenance of healthy, sustainable recreational fisheries throughout the province, and will have no financial impact on anglers or businesses connected to recreational fishing or tourism. The amendments improve conservation efforts, and make enforcement and administration of the Regulations comprehensive.

These amendments will apply only to recreational fishing and do not apply to Aboriginal fishing for food, social, ceremonial or commercial purposes.

Consultation

The amendments to the Manitoba Fishery Regulations, 1987 are based on ideas and suggestions from individuals, user groups, and fisheries managers and have gone through an extensive 12-month consultation and review process.

In January 2010, information on the proposed amendments with an invitation to comment was disseminated in the Manitoba Anglers’ Guide, which is widely distributed to anglers, angling associations and retail fishing tackle suppliers. During the summer of 2010, information packages identifying the proposed Regulations were sent to provincial user groups and stakeholders as a reminder to solicit their feedback. Additionally, information on the proposed changes was posted on the Manitoba Water Stewardship (the department responsible for the management of fisheries for the Government of Manitoba) Web site and circulated in provincial fish and game user group newsletters and publications. Interested individuals or groups were encouraged to write, telephone, or email Manitoba Water Stewardship regarding any concerns or comments.

Manitoba consulted with a variety of stakeholder groups as the amendments were developed. These groups include provincial fish and game user groups (e.g. Fish Futures Inc., Manitoba Wildlife Federation, Manitoba Lodges and Outfitters Association, Fish and Lake Improvement Program for the Parkland Region, Swan Valley Sport Fishing Enhancement Inc., Intermountain Sport Fishing Enhancement Inc., Manitoba Fly Fishers Association), Manitoba Tourism and local tourism-based businesses, major sport fishing tackle outlets, municipal and other provincial government agencies and other affected local and regional groups.

The province’s consultation program resulted in support of these amendments by all key stakeholder groups.

Pre-publication in the Canada Gazette, Part Ⅰ

The Regulations were pre-published in the Canada Gazette, Part Ⅰ, on December 24, 2011, followed by a 30-day comment period and no comments were received.

Compliance and enforcement

When the amendments to the Regulations are made, the public, including tourist and angling associations, will be informed by press releases and advertisements in local media. The Government of Manitoba also annually produces the Manitoba Anglers’ Guide, which contains the complete and up-to-date fisheries regulations. The guide is distributed free of charge throughout the province. Information about the Regulations is also available at www.manitobafisheries.com, which is updated regularly.

Under the provincial enforcement program, Manitoba Conservation Natural Resource officers regularly patrol popular fishing areas, give information about the Regulations, issue warnings and lay charges. The federal Fisheries Act prescribes penalties for contraventions of the Regulations, which include jail terms of up to 24 months and/or fines of up to $500,000. In addition, the courts may order the forfeiture of fishing gear, catch, vehicles or other equipment used in the commission of an offence. The courts may also impose license suspensions and cancellations.

Contacts

Jeffery Cottes
Legislative Specialist
Manitoba Water Stewardship — Fisheries Branch
P.O. Box 20
200 Saulteaux Crescent
Winnipeg, Manitoba
R3J 3W3
Telephone: 204-945-7806

Samia Hirani
Regulatory Analyst
Legislation and Regulatory Affairs
Fisheries and Oceans Canada
200 Kent Street
Ottawa, Ontario
K1A 0E6
Telephone: 613-990-0122

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

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

Footnote 1
SOR/87-509