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The Fisheries Amendment Act

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S.M. 1993, c. 34

The Fisheries Amendment Act

(Assented to July 27, 1993)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. F90 amended

1           The Fisheries Act is amended by this Act.

2           The definition "fish" in section 1 is amended, in clause (a), by striking out "in Part I" and substituting "in Parts I and V".

3           Section 7 is amended

(a) in clause (b), by striking out "section 25" and substituting "section 24"; and

(b) in clause (c), by striking out "subsection 17(1)" and substituting "subsection 16(1)".

4           The following is added after section 31:

PART V

QUOTA ENTITLEMENT SYSTEM

Definitions

32          In this Part, "individual quota entitlement" means a property interest of a fisherman in a right to fish a certain quantity of one or more species of fish, in a particular area and for a particular season, for commercial purposes.

Regulations

33(1)       The Lieutenant Governor in Council may, for the purpose of regulating the fish harvesting rights and responsibilities of fishermen within the province for commercial purposes and after such consultations with fishermen affected as the Lieutenant Governor in Council considers appropriate, make regulations

(a) respecting the criteria for the creation, allocation and adjustment of individual quota entitlements;

(b) respecting the requirements for ownership, transfer and disposition of individual quota entitlements;

(c) respecting the qualifications and obligations of fishermen holding individual quota entitlements in terms of quantity, species, area and season;

(d) respecting the rights and obligations of fishermen holding individual quota entitlements upon injury, sickness, retirement, death and change of residence;

(e) respecting the suspension and revocation of individual quota entitlements;

(f) respecting the creation, administration and powers, duties and functions of a fishing licence suspension review board;

(g) respecting the creation, administration and powers, duties and functions of a fishing licence advisory board;

(h) respecting the creation and administration of fishing community licencing areas;

(i) respecting the procedures for pledging or lodging individual quota entitlements as security for loans;

(j) respecting such other matters as may be required for the efficient administration of fish harvesting rights and responsibilities under an individual quota entitlement system and for the purposes of this Part.

Area of application of regulations

33(2)       A regulation made under subsection (1) may be made to apply to the whole of the province or to any part of the province.

Transfer of individual quota entitlements

33(3)       A regulation made under subsection (1) shall provide that a fisherman is not entitled to transfer or dispose of his or her individual quota entitlement in respect of an area in Northern Manitoba as defined in The Northern Affairs Act unless the fisherman has publicly offered the individual quota entitlement to other persons who hold, or who are eligible to hold, an individual quota entitlement in that area.

Individual quota entitlements

34(1)       The allocation of an individual quota entitlement to a fisherman pursuant to a regulation made under subsection 33(1) constitutes a property interest of the fisherman in a right to fish the specified quota.

Dealing in individual quota entitlements

34(2)       Subject to any regulation made under subsection 33(1), a fisherman may buy, sell or pledge as security an individual quota entitlement.

Coming into force

5           This Act comes into force on the day it receives royal assent.