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C.C.S.M. c. F90
The Fisheries Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"consumer" means a person who acquires or purchases fish for personal use or consumption by himself or his family and not in commercial quantities; (« consommateur »)
"container" includes any type of receptacle, package, wrapper or confining band, used in packing or marketing fish; (« récipient »)
"department" means the department of government administered by the minister; (« ministère »)
"Director" means the Director of the Wildlife and Fisheries Branch within the department; (« directeur »)
"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 »)
"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 »)
"fur farmer" means a person whose occupation is operating a premises on which fur-bearing animals are kept in captivity for sale or for the purpose of selling their pelts; (« éleveur d'animaux à fourrure »)
"inspector" means an inspector appointed under this Act; (« inspecteur »)
"lending agency" means any incorporated board, commission, association, agency or similar body
(a) all the members of which, or all the members of the board of management, board of directors, or other governing board, of which are appointed by an Act of the Legislature or an Act of Parliament, or by the Lieutenant Governor in Council or the Governor General in Council, and
(b) which is designated by the Lieutenant Governor in Council as the lending agency under this Act; (« organisme de prêt »)
"licence" means a licence or permit issued under this Act or the regulations; (« permis »)
"licensed fish dealer" means the holder of a fish dealer licence issued under the regulations; (« commerçant de poisson autorisé »)
"marketing" includes bartering, advertising, acquiring, packing, processing, storing, shipping, and transporting, for the purposes of sale or in anticipation of sale; (« commercialisation »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
(a) a person appointed as an officer under subsection 15(1),
(a.1) a conservation officer appointed under The Conservation Officers Act, and
(b) a peace officer appointed under an Act of the Legislature or the Parliament of Canada; (« agent »)
"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 »)
"processing facility" means a facility in which the processing of fish takes place; (« installation de traitement »)
"purchase" includes to offer to purchase; (« achat »)
"retail establishment" means a commercial establishment that is equipped with operating refrigeration facilities and that is authorized to serve or sell food, and includes a restaurant or food store; (« établissement de vente au détail »)
"sell" includes to offer for sale. (« vente »)
R.S.M. 1987 Supp., c. 31, s. 9; S.M. 1988-89, c. 11, s. 10; S.M. 1993, c. 34, s. 2; S.M. 1996, c. 46, s. 2; S.M. 2004, c. 32, s. 2 and 3; S.M. 2015, c. 4, s. 21; S.M. 2017, c. 33, s. 2.
S.M. 1993, c. 34, s. 3; S.M. 2017, c. 33, s. 4.
S.M. 2015, c. 43, s. 19; S.M. 2017, c. 33, s. 4.
Fish dealer licence requirement
Subject to sections 9 and 10, no person shall purchase or sell fish in Manitoba unless he or she holds a fish dealer licence issued in accordance with the regulations.
Subsection (1) applies even if the fish is to be exported from Manitoba.
Purchase only from licensed fish dealer
No person shall purchase fish in Manitoba, except from a licensed fish dealer.
Sale only to licensed fish dealer
No person shall sell fish in Manitoba, except to a licensed fish dealer.
This section applies even if the fish is to be exported from Manitoba.
R.S.M. 1987 Supp., c. 31, s. 9; S.M. 2017, c. 33, s. 6.
Exceptions to licensing and sale requirements
Nothing in sections 8.1 and 9 prohibits
(a) the sale of fish by the owner or operator of a retail establishment directly to a consumer at the establishment, if all fish sold at the establishment have been purchased from a licensed fish dealer;
(b) the sale by a fisher of fish that he or she caught directly to a consumer in Manitoba;
(c) the sale by a fisher of coarse fish that he or she caught directly to a fur farmer; or
(d) the purchase or sale of fish by persons who are not licensed fish dealers when authorized by the regulations.
R.S.M. 1987 Supp., c. 31, s. 9; S.M. 2017, c. 33, s. 6.
Processing facility licence requirement
No person shall operate a processing facility unless he or she holds a licence for that facility issued in accordance with the regulations.
Subsection (1) does not apply
(a) to a processing facility operated by a fisher, if the only fish processed at the facility have been caught by the fisher;
(b) to a processing facility operated by a licensed fish dealer; or
(c) to a processing facility located at a retail establishment.
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;
(c.1) restricting or prohibiting the marketing of a specified species of fish, or fish from a specified area of Manitoba;
(c.2) restricting or prohibiting the marketing of a specified part of a specified species of fish;
(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 processing, packaging and labelling of fish marketed in the province;
(f.1) prescribing standards for the design and operation of processing facilities;
(g) authorizing persons other than licensed fish dealers to purchase or sell fish in Manitoba, and imposing restrictions or requirements on such persons;
(h) respecting fish dealer licences and processing facility licences, including
(i) applications for a licence,
(ii) eligibility requirements for a licence,
(iii) requiring the holder of a licence to provide a bond or other security to ensure that the holder complies with the requirements of this Act,
(iv) the imposition of terms and conditions on a licence,
(v) prescribing the fee payable for a licence,
(vi) establishing the term of a licence,
(vii) the suspension, cancellation and reinstatement of a licence, and
(viii) the records to be kept by the holder of a licence and the provision of those records to the Director;
(i) respecting the operations of licensed fish dealers;
(j) respecting the operation of licensed fish processing facilities;
(k) exempting a person or a class of persons from one or more of the requirements of this Part;
(l) exempting a specified species of fish from the application of this Part;
(m) respecting any matter the minister considers necessary or advisable to ensure that the marketing of fish is carried out in a sustainable manner.
R.S.M. 1987 Supp., c. 31, s. 9; S.M. 2004, c. 32, s. 5; S.M. 2017, c. 33, s. 8.
Any contract or agreement for the sale, purchase, or transportation of fish in contravention of any provision of this Part or of any regulation made under this Part is void.
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
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
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
Any person who has lawful possession of wild fish has, subject to this Act, all property rights in the fish.
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.
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.
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.
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.
The holder of a licence shall comply with all of its terms and conditions.
A licence is not transferable except in accordance with the regulations.
A licence is valid for the period specified on the licence or in the regulations.
The minister may require an application for a licence to be in a form approved by the minister.
Every person to whom a licence is issued shall pay the fee, if any, prescribed by regulation for the licence.
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
Every person who is required to hold a licence in order to engage in specified activities 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.
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.
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.
S.M. 1996, c. 46, s. 3; S.M. 2017, c. 33, s. 9.
PROHIBITIONS RESPECTING LICENCES
Prohibition against fishing, etc.
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.
No person shall acquire or possess fish caught in contravention of this Act, the regulations or a licence.
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.
No person shall
(a) alter or deface a licence; or
(b) permit another person to use his or her licence.
Subsections (1) and (2) do not apply to an officer in the performance of his or her duties under this Act.
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;
(d.1) respecting the manner in which licences may be issued, including the submission of applications and the issuance of licences using the Internet;
(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 fishers' 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.
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;
(e) respecting any matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act.
S.M. 1996, c. 46, s. 3; S.M. 2004, c. 32, s. 3 and 8; S.M. 2015, c. 33, s. 22.
Appointment of inspectors and officers
The minister may appoint inspectors and officers for the purposes of administering and enforcing this Act and the regulations.
Authority of inspectors and officers
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.
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.
An inspector or an officer may, at any reasonable time and where reasonably required to determine compliance with this Act or the regulations, without a warrant, enter and inspect any place, including any premises, vehicle, aircraft, boat or railway car, other than a dwelling, and may
(a) open any container that the inspector or officer has reason to believe contains fish;
(b) examine any fish that the inspector or officer finds and take samples of it; and
(c) require any person to produce for examination or copying any licence, records, bills of lading or other documents.
Prohibition or obstruction of inspector or officer
No person shall obstruct, impede, or refuse to admit, an inspector or officer or other person acting in the execution of this Act or the regulations; and no person shall aid or assist any person in obstructing, impeding, or refusing to admit, an inspector or officer or other person so acting.
S.M. 1994, c. 6, s. 2; S.M. 1996, c. 46, s. 4.
Seizure in execution of duties
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.
An inspector or an officer who believes on reasonable grounds that
(a) an offence against this Act or the regulations has occurred or is occurring; and
(b) there is to be found in any place, including any premises, vehicle, aircraft, boat or railway car, any fish or other thing that will afford evidence of the offence;
may, with a warrant issued under subsection (1.1), enter and search any place for the fish or other thing and may seize it.
A justice who is satisfied by information upon oath that there are reasonable grounds to believe that there is in any place referred to in subsection (1) any fish or other thing referred to in that subsection may
issue a warrant authorizing an inspector or an officer and such other persons as may be named in the warrant to enter and search the place for the fish or other thing and to seize it.
Notwithstanding subsection (1), an inspector or an officer may exercise the power of search and seizure referred to in that subsection without a warrant if the conditions for obtaining a warrant exist but it is not practicable in the circumstances to obtain one.
Detention of fish, etc., seized
All fish and other things seized under this section may be detained for a period of two months following the day of seizure, unless during that period proceedings under this Act in respect of those fish and other things are taken, in which case the fish and other things may be further detained until the proceedings are finally concluded.
Where a person is convicted of an offence against this Act or the regulations, in addition to any penalty imposed, any fish or containers by means of, or in relation to, which the offence was committed are forfeited to the government and shall be disposed of as the minister directs.
S.M. 1994, c. 6, s. 3; S.M. 1996, c. 46, s. 5; S.M. 2017, c. 33, s. 10.
Inspector or officer may stop vehicle
An inspector or an officer, in the execution of his or her duties and responsibilities under this Act or the regulations or under any other enactment, may signal or request any person driving a vehicle or boat to stop, and the person shall immediately bring the vehicle or boat to a stop and shall not proceed until permitted to do so by the inspector or officer.
S.M. 1994, c. 6, s. 4; S.M. 1996, c. 46, s. 6.
In this Part "loan" means a loan made by the lending agency under this Part.
With no other authority than this Act, there shall be advanced to the lending agency on the requisition of the minister from and out of the Consolidated Fund, on such terms and conditions, including terms and conditions respecting repayment of the advances, interest to be charged on the advances and the rate of such interest, as the Lieutenant Governor in Council may prescribe, amounts not exceeding an aggregate $10,000,000. to be used by the lending agency in accordance with this Part.
Acceptance of additional moneys
The government may receive and accept moneys from any source to be used for the purposes of making loans under this Part; and the minister, for and on behalf of the government, with the approval of the Lieutenant Governor in Council, may make agreements for that purpose.
Any moneys received under subsection (2) may be paid to the lending agency on the requisition of the minister in addition to any moneys payable under subsection (1).
The moneys paid or advanced to the lending agency under this Part shall be dealt with by the lending agency for accounting purposes in the same manner as other moneys of the lending agency but it shall keep in its records a separate account
(a) to which shall be credited
(i) all moneys advanced to it under this Part,
(ii) all moneys collected on repayment of loans and as interest on loans, and
(iii) all moneys collected on the disposal of security taken to secure repayment of loans; and
(b) from which shall be paid
(i) all moneys advanced on loans, and
(ii) all costs incurred by the lending agency in making loans and administering this Part.
Notwithstanding any provision of any Act of the Legislature establishing or relating specifically to the lending agency, the lending agency may, with the moneys paid and advanced to it under this Part, make loans, subject to and in accordance with the regulations, to fishers and to co-operative corporations composed of fishers.
Loans in lending agency's name
The lending agency shall make and collect all loans, and take all actions and proceedings to collect loans or recover under security taken in respect of loans, in its own name.
The member of the Executive Council who is responsible for the conduct and business of the lending agency under the Act or order establishing the lending agency, or if there is no such member of the Executive Council, the minister shall, from time to time, determine the part of the costs of administration of the lending agency that are incurred in making loans and administering this Part; and that determination is final and binding on the lending agency and all other persons.
For the purpose of carrying out the provisions of this Part according to their intent, the lending agency may, with the approval of the Lieutenant Governor in Council, make regulations
(a) respecting the purposes for which loans may be made;
(b) respecting the security to be taken to secure the repayment of loans;
(c) prescribing the maximum amount that may be loaned on any loan, or on any loan of a class of loans;
(d) prescribing the rate of interest to be charged on loans;
(e) respecting the qualifications of persons to whom loans may be made;
(f) respecting the administration of this Part and the procedures to be followed in the making of loans.
Every person who contravenes or fails to comply with this Act or the regulations, or any directive or order of an inspector or an officer made under this Act or the regulations, for which no penalty is elsewhere provided herein, is guilty of an offence and liable, on summary conviction, to a fine not exceeding $100,000., or to imprisonment for a term not exceeding six months, or to both.
If a corporation is guilty of an offence under this Act, any officer, director, or agent of the corporation who directed, authorized, assented to, acquiesced in, or participated in, the commission of the offence, is a party to, and guilty of the offence.
Limitation period for prosecution
Proceedings to prosecute a person for an alleged offence under this Act may be commenced at any time within one year after the time when the subject matter of the proceedings arose.
S.M. 1994, c. 6, s. 5; S.M. 1996, c. 46, s. 7; S.M. 2004, c. 32, s. 12; S.M. 2017, c. 33, s. 11.
Liability for value of fish involved in offence
A person who is convicted of a prescribed offence involving the catching or possession of fish under
(a) this Act;
(b) a regulation made under this Act;
(c) the Fisheries Act (Canada); or
(d) the Manitoba Fishery Regulations, 1987, SOR/87-509, made under the Fisheries Act (Canada);
is liable to the Crown for the value of the fish involved in the offence.
The value of fish is to be calculated in accordance with regulations made under section 25.4.
If more than one person is convicted of an offence involving the same fish, each person is jointly and severally liable to the Crown for the value of the fish.
Liability in addition to other consequences
Liability to the Crown under this section is in addition to any fine, imprisonment, forfeiture or other consequence imposed as a result of the conviction.
The minister may make regulations prescribing offences for the purpose of subsection (1).
For the purpose of this section and sections 25.2 to 25.6, a person is convicted of an offence if he or she is found guilty of the offence, pleads guilty to the offence or pays a fine imposed in relation to the offence.
Notice of potential liability when charged
When a person is charged with an offence described in subsection 25.1(1), he or she must be provided with a written notice that advises the person that he or she will be liable to the Crown for the value of the fish involved in the offence if he or she is convicted of the offence.
Notice of amount owing on conviction
The department must provide a person convicted of an offence described in subsection 25.1(1) with a written notice setting out the amount that the person owes to the Crown for the value of the fish involved in the offence and the deadline for payment. The payment deadline must be at least 60 days after the notice is sent.
Action to recover amount owing
The amount that a person who is convicted of an offence described in subsection 25.1(1) owes to the Crown for the value of the fish involved in the offence may be enforced by action in the Court of Queen's Bench.
Regulations establishing value of fish
The minister may make regulations establishing the value of fish.
The regulations may establish the value of fish based on one or more of the following:
(a) the species of fish;
(b) the size or weight of the fish;
(c) the location where the fish was caught.
Payment into fish enhancement account
Despite The Financial Administration Act, all amounts paid to the Crown by a person convicted of an offence described in subsection 25.1(1) for the value of the fish involved in the offence must be paid or credited to the fish enhancement account of the Fish and Wildlife Enhancement Fund established under The Fish and Wildlife Enhancement Fund Act.
Licences cancelled while amounts owing
When a person who is convicted of an offence described in subsection 25.1(1) fails to pay the amount owing to the Crown for the value of the fish involved in the offence by the deadline specified in the notice provided under subsection 25.2(2), any licence issued under this Act that is held by the person is cancelled and the right of the person to obtain or hold such a licence is suspended until the amount owing to the Crown is paid.
Prohibition on obtaining licence
A person whose right to hold a licence is suspended under subsection (1) must not obtain or attempt to obtain any licence under this Act until the amount owing to the Crown is paid.
Falsification or alteration of documents, etc.
No person shall falsify or unlawfully alter, destroy, erase, or obliterate, any declaration, order or directive, inspection certificate or other document made or issued under this Act or the regulations or any mark placed on any container under this Act or the regulations.
Sale of unwholesome fish prohibited
No person shall sell, offer for sale, or hold in possession for sale, any fish, intended for human consumption that is tainted, decomposed or unwholesome.
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.
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).
Place of commission of offence
Every offence against this Act or the regulations shall, for the purposes of any prosecution, be deemed to have been committed, and every cause of complaint under this Act or the regulations shall be deemed to have arisen,
(a) in the place where the offence was actually committed; or
(b) the place where it was first discovered by an inspector or officer; or
(c) the place where the defendant resides or is found.
S.M. 2004, c. 32, s. 3; S.M. 2017, c. 33, s. 13.
Within nine months after the close of each fiscal year of the government, the minister shall prepare a report of its administration of this Act, including a review of all fisheries allocations, for that fiscal year.
The minister must, within six months after the end of the fiscal year ending March 31, 2017, and within six months after the end of every fifth fiscal year afterwards, prepare a report containing
(a) a review of the status of the fisheries resources in the province including the status of any species of fish mentioned in the Schedule and such other species of fish as the minister may select for review;
(b) a review of the fisheries management programs carried on by the government and an assessment of their effectiveness;
(c) an analysis of trends in and the forecast of demands for, the use of fisheries resources in the province; and
(d) an evaluation of the capability of the fisheries resources in the province to meet anticipated demands.
The minister must table a copy of each report under this section in the Assembly on any of the first 15 days on which the Assembly is sitting after the report has been prepared.
The minister may delegate to an employee of the government any duty or power conferred or imposed on the minister under this Act or the regulations, except the power to make regulations.
QUOTA ENTITLEMENT SYSTEM
In this Part, "individual quota entitlement" means a property interest of a fisher 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.
S.M. 1993, c. 34, s. 4; S.M. 2004, c. 32, s. 3.
The Lieutenant Governor in Council may, for the purpose of regulating the fish harvesting rights and responsibilities of fishers within the province for commercial purposes and after such consultations with fishers 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 fishers holding individual quota entitlements in terms of quantity, species, area and season;
(d) respecting the rights and obligations of fishers 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
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
A regulation made under subsection (1) shall provide that a fisher 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 fisher 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.
S.M. 1993, c. 34, s. 4; S.M. 2004, c. 32, s. 3.
The allocation of an individual quota entitlement to a fisher pursuant to a regulation made under subsection 33(1) constitutes a property interest of the fisher in a right to fish the specified quota.
Dealing in individual quota entitlements
Subject to any regulation made under subsection 33(1), a fisher may buy, sell or pledge as security an individual quota entitlement.
S.M. 1993, c. 34, s. 4; S.M. 2004, c. 32, s. 3.
Lake trout (Cristivomer namaycush) — trout, grey trout, salmon trout, siscowet
Whitefish (Coregonus clupcaformis) — lake whitefish
Yellow pickerel (Stizostedion vitreum) — pike (in United States of America), dore, walleye, yellow walleye, yellow pikeperch
Pike (Esox lucius) — pickerel (in United States of America), jackfish, northern pike
Sauger (Stizostedion canadense) — sauger pickerel, sand pickerel
Cisco (Leucichthys spp.) — tullibee, chub
Inconnu (Stenodus leucichthys) — cony
Yellow perch (Perca flavescens) — perch
Sturgeon (Acipenser fulvescens) — lake sturgeon, rock sturgeon
Goldeye (Hiodon alosoides)
Arctic char (Salvelinus alpinus) — sea trout, ilkalu or ekaluk, Hudson Bay salmon
Sucker (Catostomus spp.) — "mullet"
Redhorse (Moxostoma spp.) — "mullet"
Burbot (Lota lota) — ling, maria, eelpout, lawyer
Sheepshead (Aplodinotus grunniens) — drum, sunfish, freshwater drum, silver bass
Buffalofish (Ictiobus spp.) — buffalo
Carp (Cyprinus carpio)
Quillback (Carpiodes cyprinus) — white carp
Mooneye (Hiodon tergisus)
Channel catfish (Ictalurus punctatus) — catfish
Black bullhead (Ictalurus melas) — bullhead
Brown bullhead (Ictalurus nebulosus) — bullhead
Salmo gairdneri — rainbow trout