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The Fisheries Amendment Act

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S.M. 2004, c. 32

Bill 38, 2nd Session, 38th Legislature

The Fisheries Amendment Act

(Assented to June 10, 2004)

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 "marketing", by adding "acquiring," after "advertising,"

(b) by repealing the definitions "fisherman" and "processing of fish"; and

(c) by adding the following definitions:

"fisher" means a person licensed under this Act or the Fisheries Act (Canada), and any regulations made under either Act, to fish for commercial purposes, and includes any other person authorized under the regulations to fish on behalf of a licensed person; (« pêcheur »)

"processing" includes the cleaning, filleting, smoking, salting, icing, packing, freezing, cooking, pickling or drying of fish, or the preparing of fish for market in any other manner; (« traitement »)

3(1)        In the English version of the following provisions "fisherman" is struck out wherever it occurs and "fisher" is substituted:

(a) in the definition "producer" in section 1;

(b) subsection 29(1);

(c) section 32;

(d) subsection 33(3);

(e) subsections 34(1) and (2).

3(2)        Clause 14.5(1)(g) of the English version is amended by striking out "fishermen's" and substituting "fishers'".

3(3)        Section 21 and subsection 33(1) of the English version are amended by striking out "fishermen" wherever it occurs and substituting "fishers".

4           Section 2 is repealed.

5           Section 11 is replaced with the following:

Regulations

11          The minister may make regulations

(a) declaring any fish of a species or type named in the Schedule to be a coarse fish;

(b) exempting any fish or any class, variety or grade of fish produced in the province or in any area of the province, or any person or class of persons from any provision of this Act or the regulations;

(c) prescribing the records to be kept respecting all fish caught, taken or marketed in the province;

(d) respecting the transportation of fish in the province;

(e) requiring documentation to accompany fish marketed in the province and respecting the information to be contained in such documentation;

(f) respecting the packing, packaging and labelling of fish marketed in the province;

(g) respecting the marketing of fish in the province by persons other than the corporation, but including agents of the corporation;

(h) requiring persons marketing fish, other than the corporation, but including agents of the corporation, to be registered or licensed, and providing for the following:

(i) the eligibility requirements for registration or a licence,

(ii) applications for registration or a licence,

(iii) the term of registrations or licences,

(iv) the imposition of terms or conditions on registrations or licences,

(v) the fees for registrations or licences,

(vi) the suspension, cancellation and reinstatement of registrations or licences,

(vii) the transfer of registrations or licences,

(viii) the conduct of appeals respecting registrations or licences,

(ix) any other matter necessary to establish and enforce a program dealing with the registration or licensing of persons marketing fish.

6           Section 13 is repealed.

7           Part II is repealed.

8            Clause 14.5(2)(d) is amended by striking out everything after "respect of the ticketable offences".

9            Section 16 is repealed.

10          The following is added before section 17:

Seizure in execution of duties

16.1        An inspector or officer acting in the course or scope of duty who discovers an offence being committed against this Act or the regulations may seize any vehicle, boat, fish, net, fishing equipment or other thing which is being used to commit the offence or which is evidence of the offence. The inspector or officer must bring the seized item before a justice, or report on it to a justice, to be dealt with according to law.

11          The heading for Part III is amended by striking out "FISHERMAN'S".

12          Subsection 25(1) is amended by striking out "$10,000." and substituting "$100,000.".

13          The following is added after section 27:

Interference prohibited

27.1(1)     No person shall remove, damage or in any way interfere with any net or other fishing gear or equipment set out by any other person for the purpose of catching fish.

Exception for officers

27.1(2)     Subsection (1) does not apply to an inspector or officer in the performance of his or her duties under this Act or the Fisheries Act (Canada).

Coming into force

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