Regulations Amending the Manitoba Fishery Regulations, 1987
Statutory Authority
Fisheries Act
Sponsoring Department
Department of Fisheries and Oceans
REGULATORY IMPACT
ANALYSIS STATEMENT
Description
The Manitoba Fishery Regulations, 1987 (MFR) are made pursuant to the federal Fisheries Act and control fishing activity in that province. The Manitoba provincial government manages the province's freshwater fisheries by agreement with the federal government. However, all amendments to the Regulations must be processed by the Department of Fisheries and Oceans (DFO) and must be approved by the Governor in Council because they are made under federal legislation. Manitoba Conservation, the provincial government agency responsible for fisheries management in Manitoba, has requested the current regulatory amendments.
These amendments are proposed to maintain healthy, sustainable recreational fisheries throughout the province.
1. Extension of the season for dip netting whitefish
Currently, catching whitefish is permitted by means of a dip net from August 16 to October 31 with a catch limit of 25 whitefish. Recreational groups have requested that dip netting whitefish be permitted on a year-round basis. The whitefish populations of Manitoba are currently very healthy and fishing pressure is very low. In addition, dip netting is not a particularly effective method of fishing. Therefore, allowing dip netting of whitefish all year round will have minimal impact on this fish stock and will provide more fishing opportunities to anglers. The possession limit of 25 whitefish will remain in place.
2. Establish a catch limit for perch
Over the last several years, fishing pressure on perch has been increasing, especially in southern Manitoba. The 2000 Manitoba angling survey indicated that perch is the third most popular fish species targeted by anglers. The primary species caught were walleye (5.7 million fish), northern pike (4.2 million fish), and perch (2.2 million fish). In 2000, the number of perch taken was double the number taken in 1995.
To date, perch populations in Manitoba have been healthy enough not to warrant the establishment of a catch limit for recreational angling. In comparison, recreational angling limits for other fish species range from 1 to 25 depending on the abundance of fish and on fishing pressure.
Although populations of this fish species are still very healthy, the establishment of a catch limit would be appropriate to prevent future conservation problems. In addition, recreational anglers have indicated that some level of protection for perch stocks would be desirable especially on smaller water bodies. Therefore, to proactively protect perch populations, a limit will be established which will allow anglers to catch and retain or possess 25 perch in one day. Anglers currently take many more than this number on a daily basis.
3. Addition of water bodies to Stocked Trout Waters
As part of the provincial trout stocking program, two small lakes, Patterson Lake and West Goose Lake, have been stocked with trout and will be added to the Stocked Trout Waters schedule in the MFR. Fishing in these two lakes will also be restricted to the use of electrically powered motor boats, to the use of artificial lures and to a one-trout catch limit.
Generally, the Manitoba waters chosen to be stocked with trout will not support the reproduction of native fish populations. 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 give the fish populations the opportunity to mature into self-sustaining fisheries.
These proposed amendments are intended to promote stocked trout fisheries which will attract local and non-resident anglers to these areas. In addition, increased angling in these stocked waters may serve to reduce fishing pressure on native species in other waters of the area.
Alternatives
The status quo was not considered an appropriate means of maintaining healthy fisheries while supporting recreational fishing activity. No non-regulatory alternative to these measures exist that would ensure self-sustaining provincial fisheries.
Although perch populations in the province are not in any immediate conservation jeopardy, the status quo on the perch catch limit (i.e. no limit) was not an option as it would not proactively protect this species given the increasing fishing pressure. Neither was the closure of certain areas to perch fishing an alternative to establishing a perch catch limit. This option would have been too drastic a measure since there is no imminent danger to the species. Also, fishing closures would have a significant negative effect on, among others, anglers, the tourism industry in those areas and small businesses involved in the supply and service of recreational fishing activities.
The addition of water bodies to the list of Stocked Trout Waters is the best way to promote the use of provincially stocked trout fisheries by resident and non-resident anglers.
Benefits and Costs
The proposed amendments will have no financial impact on anglers or businesses connected to recreational fishing or to tourism. Since the adjustments are intended to improve conservation efforts while avoiding fishery closures and allowing recreational fishing to continue, the new limits for perch and the removal of fall dip netting for whitefish are acceptable to both anglers and small business.
The amendments relating to Patterson Lake and West Goose Lake (item 3) will provide fishing opportunities where none existed previously and will improve angling in areas where tourism-related businesses rely on the angling population for their livelihood. The changes may also benefit native fish stocks in the area by re-directing fishing effort to stocked waters.
These amendments apply only to recreational fishing and do not apply to Aboriginal fishing for food, social, ceremonial or commercial purposes.
There are no increased costs to the Government associated with these amendments.
Consultation
The amendments to the Manitoba Fishery Regulations, 1987 are an accumulation of ideas and suggestions from user groups, aboriginal groups, individuals and fisheries managers and have gone through an extensive two-year review process.
Manitoba Conservation has stocked Patterson Lake and West Goose Lake (item 3) with trout based on information provided by the Fish and Lake Improvement Program for the Parkland Region (FLIPPR). FLIPPR also recommended the other proposed amendments regarding Patterson and West Goose Lakes.
FLIPPR is a private, non-profit corporate entity dedicated to promoting the fly fishing/sport fishing industry in Manitoba's Parkland Region and beyond. This group identifies and evaluates waters that may be suitable for stocking, raises money to assist the department in developing additional trout fisheries in the Parkland Region and markets these fishing opportunities to local and non-resident anglers. The result has been a significant increase in trophy trout fisheries in the region and increased non-resident angling activity, especially for fly fishing.
Information on the proposed changes with invitations to comment were disseminated in various ways, including publication in the Manitoba Anglers' Guide, also available on Manitoba Conservation's Web site, and in the Manitoba Wildlife Federation newsletter. Interested individuals or groups were encouraged to write, telephone or e-mail Manitoba Conservation regarding any concerns or comments. The Manitoba Anglers' Guide is widely distributed to anglers, angling associations and retail fishing tackle suppliers.
Manitoba Conservation consulted with a variety of stakeholder groups as the amendments were developed. These groups included:
— the Manitoba Wildlife Federation,
— the Tourist Industry Association of Manitoba,
— Fish Futures Inc.,
— the Swan Valley Sport Fishing Enhancement Corporation,
— Intermountain Sport Fishing Enhancement,
— the Manitoba Lodge and Outfitters Association,
— major sport fishing tackle outlets,
— municipal and other provincial government agencies, and
— other affected local and regional groups.
These amendments are considered necessary for maintaining healthy, sustainable fish populations while promoting the continuation of fishing activities. The proposals received wide support from all those consulted.
Compliance and Enforcement
Once these amendments are approved, the public, along with tourist and angling associations, will be informed of the regulatory changes by press releases and advertisements in local media. Manitoba Conservation also annually produces the Manitoba Anglers' Guide, which contains the complete Regulations. All new regulations are clearly set out in this brochure, which is freely distributed throughout the province. Information about the Regulations is also available on the Manitoba Conservation Web site, which is updated regularly.
Under the existing provincial program, in addition to regular patrols of popular fishing areas, Manitoba Conservation enforcement officers give information about the Regulations, issue warnings of potential violations and lay charges for regulatory contraventions. Also, the Fisheries Act prescribes penalties, upon conviction, 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 seizure of fishing gear, catches, vehicles or other equipment used in the commission of an offence. The courts may also impose licence suspensions and cancellations.
These regulatory amendments will not involve any new enforcement costs.
Mr. Sherman Fraser, Fisheries Branch, Manitoba Conservation, Box 20, 200 Saulteaux Crescent, Winnipeg, Manitoba R3J 3W3,
Notice is hereby given that the Governor in Council, pursuant to section 43 (see footnote a) of the Fisheries Act, proposes to make the annexed Regulations Amending the Manitoba Fishery Regulations, 1987.
Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mr. Sherman Fraser, Fisheries Branch, Department of Conservation, Box 20, 200 Saulteaux Crescent, Winnipeg, Manitoba R3J 3W3 (Tel.:
Ottawa, November 19, 2003
EILEEN BOYD
Assistant Clerk of the Privy Council
REGULATIONS AMENDING THE MANITOBA
FISHERY REGULATIONS, 1987
AMENDMENTS
1. Subsection 33(3) of the Manitoba Fishery Regulations, 1987 (see footnote 1) is repealed.
2. Part I of Schedule V to the Regulations is amended by adding the following in numerical order:
43.1 Patterson Lake (50°39'N., 100°34'W.)
60.1 West Goose Lake (52°13'N., 101°21'W.)
3. Part I of Schedule XI to the Regulations is amended by adding the following after item 13:
Item |
Column I Species |
Column II Waters |
Column III Daily Quota |
Column IV Possession Quota |
Column V Size Limit |
| 13.1 | Perch | In any Division |
25 | 25 | Any size |
4. Part II of Schedule XI to the Regulations is amended by adding the following after item 13:
Item |
Column I Species |
Column II Waters |
Column III Daily Quota |
Column IV Possession Quota |
Column V Size Limit |
| 13.1 | Perch | In any Division |
25 | 25 | Any size |
5. Schedule XII to the Regulations is amended by adding the following in numerical order:
17. Patterson Lake (50°39'N., 100°34'W.)
27.2 West Goose Lake (52°13'N., 101°21'W.)
6. Item 51 of Schedule XVI to the Regulations is repealed.
COMING INTO FORCE
7. These Regulations come into force on the day on which they are registered.
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