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The Fisheries Amendment Act

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S.M. 1996, c. 46

THE FISHERIES AMENDMENT ACT


 

(Assented to November 19, 1996)

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

C.C.S.M. c. F90 amended

1         The Fisheries Act is amended by this Act.

2         Section 1 is amended

(a) in the definition "Director", by striking out everything after "department";

(b) by repealing the definition "fish" and substituting the following:

"fish", where used as a noun, means

(a) in Parts I and V, round, dressed or filleted fish of any species enumerated in the Schedule, whether fresh or frozen and whether packaged or unpackaged, and includes parts of those fish, and

(b) in all other Parts, any freshwater or saltwater fish, shellfish, crustaceans or aquatic invertebrates, and includes

(i) round, dressed and filleted fish, whether fresh or frozen and whether packaged or unpackaged, and

(ii) parts, products and by-products of those fish, shellfish, crustaceans and aquatic invertebrates; (« poisson »)

(c) by adding the following definitions in alphabetical order:

"department" means the department of government administered by the minister; (« ministère »)

"licence" means a licence or permit issued under this Act or the regulations; (« permis »)

"officer" means

(a) a person appointed as an officer under subsection 15(1), and

(b) a peace officer appointed under an Act of the Legislature or the Parliament of Canada; (« agent »)

3         The following is added after section 14:

PART II.1

LICENSING

INTERPRETATION

Definitions

14.1(1)   In this Part,

"fish", where used as a verb, means catch or attempt to catch fish; (« pêcher »)

"Manitoba waters" means a wetland, a body of water or a portion of a body of water, the bed of which is owned

(a) by the Crown in right of Manitoba, or

(b) by a person who has entered into an agreement with the minister regarding the maintenance and enhancement of fish populations and the licensing of fishing in those waters; (« eaux manitobaines »)

"wild fish" means fish that is wild by nature in Manitoba waters or fish that has been introduced into Manitoba waters. (« poisson sauvage »)

Presumption of Crown ownership

14.1(2)   For the purposes of this Part, in the absence of evidence to the contrary, the bed of each wetland, body of water or portion of a body of water within Manitoba is presumed to be owned by the Crown in right of Manitoba unless it forms part of an Indian reserve or a national park.

PROPERTY IN FISH

Property in fish

14.2(1)   The property in all wild fish, including wild fish that have been unlawfully caught, is vested in the Crown, and no person may acquire any right or property in such fish other than in accordance with this Act.

Property in fish lawfully caught

14.2(2)   Any person who has lawful possession of wild fish has, subject to this Act, all property rights in the fish.

Possession

14.2(3)   For the purposes of this Act and the regulations,

(a) a person has possession of any thing when it is in the person's actual possession or custody or, with the person's knowledge and consent, it is

(i) in the actual possession or custody of another person, or

(ii) in any place, whether or not that place belongs to or is occupied by the person, for the use or benefit of the person or of another person; and

(b) where one or more persons, with the knowledge and consent of one or more other persons, have custody or possession of any thing, it shall be deemed to be in the custody and possession of each and all of them.

LICENCES

Powers of minister

14.3(1)   Subject to the regulations, the minister may

(a) issue any licence subject to such terms and conditions that the minister considers appropriate;

(b) alter the terms or conditions of any existing licence where the minister considers it appropriate;

(c) establish the number, types or classes of licences that may be issued;

(d) establish how licences are to be allocated;

(e) specify or alter the form of any licence; or

(f) do anything the minister considers necessary to develop, maintain, enhance, manage or use Manitoba's fisheries in a sustainable manner.

Licence conditions

14.3(2)   Subject to the regulations, the minister, as a term or condition of any licence, may limit or specify

(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;

(g) the information to be provided to the Director or an officer with respect to any fish caught, and the manner in which it is to be reported;

(h) the consequences of contravening or failing to comply with any term or condition of the licence;

(i) any other terms or conditions that the minister considers appropriate.

Delegation of licensing

14.3(3)   The minister may authorize persons not employed by the government to issue licences on behalf of the minister, subject to such terms and conditions as the minister considers appropriate.

Compliance with licence

14.3(4)   The holder of a licence shall comply with all of its terms and conditions.

Transferability of licence

14.3(5)   A licence is not transferable except in accordance with the regulations.

Term of licence

14.3(6)   A licence is valid for the period specified on the licence or in the regulations.

Application for licence

14.3(7)   The minister may require an application for a licence to be in a form approved by the minister.

Licence fee

14.3(8)   Every person to whom a licence is issued shall pay the fee, if any, prescribed by regulation for the licence.

Requirement for information

14.3(9)   The minister may require the holder of a licence, or an applicant for a licence or renewal of a licence, to provide the minister with information for the purposes of

(a) evaluating an application for a licence or renewal of a licence; or

(b) monitoring activities conducted pursuant to a licence.

Obligation to carry and produce licence

14.3(10)  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 or her person; and

(b) if requested by an officer, immediately produce the licence for examination.

Validity of licence

14.3(11)  No licence is valid

(a) until the person to whom it is issued has

(i) signed it in the space provided for that purpose, or

(ii) affixed his or her mark in the space provided for that purpose in the presence of a witness who attests to the affixing of the mark;

(b) if it is issued on the basis of false information or to a person who is not eligible to hold it;

(c) if the correct date of issue is not entered on the licence.

Transitional

14.3(12)  A valid and subsisting licence issued under the Manitoba Fishery Regulations, 1987  under the Fisheries Act (Canada) before the coming into force of this section is deemed to be a valid and subsisting licence issued under this Act.

PROHIBITIONS RESPECTING LICENCES

Prohibition against fishing, etc.

14.4(1)   No person shall, except under the authority of a licence,

(a) fish in Manitoba waters unless permitted by regulation; or

(b) carry on any activity related to fishing in Manitoba waters that is prohibited by the regulations.

Unlawful possession

14.4(2)   No person shall acquire or possess fish caught in contravention of this Act, the regulations or a licence.

False information

14.4(3)   No person shall provide false or misleading information to the minister or any official of the department in, or in support of, an application for a licence.

Prohibitions re licence

14.4(4)   No person shall

(a) alter or deface a licence; or

(b) permit another person to use his or her licence.

Exception

14.4(5)   Subsections (1) and (2) do not apply to an officer in the performance of his or her duties under this Act.

REGULATIONS

Ministerial regulations

14.5(1)   The minister may make regulations

(a) defining, enlarging or restricting the meaning of any word or phrase used in this Act but not defined in this Act;

(b) requiring the keeping of records, the provision of information to an officer and the submission of returns to the department for activities related to this Act;

(c) prescribing categories of licences or activities authorized by licences;

(d) prescribing eligibility requirements and application forms for the issue, renewal or transfer of licences;

(e) respecting the use of tags associated with a licence;

(f) respecting the terms and conditions and the transferability of licences;

(g) respecting the licensing of fishermen's helpers or employees;

(h) respecting the time, the area, and the fish to which a licence relates or is limited;

(i) respecting fishing quotas or limits on the number, size or weight of fish caught and retained under the authority of a licence;

(j) respecting the revocation of licences and any process related to those revocations;

(k) respecting the use of fishing gear and equipment;

(l) restricting or prohibiting the sale or possession of live bait fish;

(m) designating any area of Manitoba as an area for managing, controlling and harvesting fish and prohibiting or restricting fishing or any activity related to fishing in the designated area;

(n) respecting the terms and conditions under which persons may engage in fishing without a licence;

(o) governing the operation of fishing events, including performance standards and the keeping of records in respect of the events;

(p) governing safety practices in fishing and related activities;

(q) respecting the propagation, rearing, keeping, disposition, marketing, transportation, importation or stocking of live fish, including those acquired and raised for aquaculture purposes;

(r) respecting the allocation of fish resources in Manitoba waters to persons or classes of persons;

(s) restricting or prohibiting any activity related to fishing in Manitoba waters;

(t) respecting any other matter relating to fish, fishing or fisheries within the jurisdiction of Manitoba.

L.G. in C. regulations

14.5(2)   The Lieutenant Governor in Council may make regulations

(a) respecting fees payable for licences;

(b) respecting the remuneration of persons authorized by the minister to issue licences;

(c) governing the imposition and collection of royalties for fish caught pursuant to any licence;

(d) prescribing ticketable offences against this Act or the regulations, the manner in which the offences may be described in tickets and the fines payable in respect of the ticketable offences, which shall not exceed $1,000. for any offence;

(e) respecting any matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act.

4(1)      Subsection 15(1) is repealed and the following is substituted:

PART II.2

ENFORCEMENT

Appointment of inspectors and officers

15(1)     The minister may appoint inspectors and officers for the purposes of administering and enforcing this Act and the regulations.

Authority of inspectors and officers

15(1.1)   For the purposes of this Act and the regulations, each inspector or officer is, and has and may exercise the powers and authority of, a police constable or peace officer.

Power of arrest

15(1.2)   An inspector or officer, on witnessing the commission of an offence under this Act or the regulations, may without process arrest the person found committing the offence and bring the person before a court of competent jurisdiction to be dealt with according to law.

4(2)      Subsection 15(2) is amended

(a) in the part preceding clause (a), by adding "or an officer" after "inspector";

(b) in clauses (a) and (b), by adding "or officer" after "inspector"; and

(c) in clause (c), by adding "licence, " before "records".

4(3)      Subsection 15(3) is amended by adding "or officer" after "inspector" in the section heading and wherever it occurs in the subsection.

5(1)      Subsection 17(1) is amended by adding "or an officer" after "An inspector".

5(2)      Subsection 17(1.1) is amended by adding "or an officer" after "inspector".

5(3)      Subsection 17(1.2) is amended by adding "or an officer" after "inspector".

6         Section 17.1 is amended

(a) in the section heading, by adding "or officer" after "Inspector";

(b) by adding "or an officer" after "An inspector"; and

(c) by adding "or officer" at the end.

7         Subsection 25(1) is amended by striking out "or an inspector" and subsituting ", an inspector or an officer".

8         Clause 28(b) is amended by adding "or officer" after "inspector".

Coming into force

9         This Act comes into force on a day fixed by proclamation.