O. Reg. 196/00: FISH LICENSING

 

ONTARIO REGULATION 196/00

made under the

Fish and Wildlife Conservation Act, 1997

Made: March 21, 2000
Filed: March 23, 2000

Amending O. Reg. 664/98

(Fish Licensing)

1. The heading to Part I of Ontario Regulation 664/98 is revoked and the following substituted:

SPORT FISHING LICENCES

2. Sections 11 to 15 of the Regulation are revoked.

3. Section 17 of the Regulation is revoked and the following substituted:

17. The holder of a resident sport fishing licence may catch leeches for use as bait in sport fishing by means of a single leech trap that,

(a) does not exceed 45 centimetres in any dimension; and

(b) is legibly marked with the holder’s name.

4. (1) The heading to Part III of the Regulation is revoked and the following substituted:

 BUYING OR SELLING FISH, FROGS AND
LEECHES AND RELATED LICENCES

(2) Sections 31 and 32 of the Regulation are revoked and the following substituted:

31. In this Part,

“bait–fish” has the same meaning as in the Ontario Fishery Regulations;

“Canadian citizen” means a person who is a citizen within the meaning of the Citizenship Act (Canada) or a person who is a permanent resident within the meaning of the Immigration Act (Canada) but who is not a resident as defined in section 1 of the Act;

“fishery officer” means a person designated as a fishery officer under the Fisheries Act (Canada);

“leech” means a member of a species of the Class Hirudinea.

Commercial Fishing Licences

31.1 (1) A commercial fishing licence authorizes the holder to,

(a) take fish by means of a gill net, pound net, trap net, trawl net, hoop net, seine net, dip net or trammel net or by means of hooks; and

(b) sell the fish taken under it.

(2) The Minister may issue a commercial fishing licence to a resident or a Canadian citizen.

(3) The holder of a commercial fishing licence shall, if requested by a fishery officer, prepare a daily return of the fish taken but not yet landed on each day, and submit the return to the officer or to a place designated by the officer.

(4) If a fishery officer requests a daily return from the holder of a commercial fishing licence, the holder shall prepare and submit a daily return for every day in the month that the holder fishes, beginning on the day for which the daily return is first requested. 

(5) If a fishery officer has not requested daily returns for a month under subsection (3) or if the holder of a commercial fishing licence has done no fishing under the licence in that month, the holder shall submit a monthly return to the Minister on or before the eighth day of the next month.

(6) The holder of a commercial fishing licence shall,

(a) make a record of every sale of fish, except a sale to the owner or manager of a fish plant registered under the Fish Inspection Act (Canada), at the time of the sale; and

(b) give a copy of the record to the buyer at the same time.

(7) The holder of a commercial fishing licence shall compile the records made under subsection (6) over the course of a month into a monthly return and shall submit the return to the Minister on or before the eighth day of the next month.

(8) The returns required under this section shall be on the forms provided by the Minister.

(9) The Minister may permit a person to file different returns or at different times from the requirements of this section if, in the opinion of the Minister, the requirements of this section are not practical for that person.

31.2 The Minister may, upon the request of a holder of a commercial fishing licence, transfer the licence to another person.

Commercial Bait Licences

31.3 (1) Except under the authority of a commercial bait licence that authorizes the holder to take, buy or sell leeches, frogs or bait–fish, a person shall not,

(a) take frogs or bait–fish for commercial purposes; or

(b) buy or sell leeches, frogs or bait–fish for commercial purposes.

(2) Commencing January 1, 2001, except under the authority of a commercial bait licence that authorizes the holder to take, buy or sell leeches, a person shall not take in one day or possess at any time more than 120 leeches.

(3) The holder of a commercial bait licence that authorizes the holder to take bait–fish may take bait–fish by any means specified in the licence.

(4) The holder of a commercial bait licence that authorizes the holder to take leeches may take leeches by means of a trap that is legibly marked with the holder’s name.

(5) The holder of a commercial bait licence shall,

(a) keep a log book, in the form required by the Minister, with information respecting the buying, selling, and taking of leeches, frogs or bait–fish, including the quantities bought, sold or taken, and the relevant dates; and

(b) make and submit an annual return in the form required by the Minister not later than one month after the expiry of the licence.

(6) The holder of a commercial bait licence shall retain the log book for five years after the expiry of the licence that was valid at the time it was kept.

(7) The holder of a commercial bait licence shall not make a false entry in the log book.

(8) The Minister may permit a person to file different returns or at different times from the requirements of clause (5) (b) if, in the opinion of the Minister, the requirements of clause (5) (b) are not practical for that person.

31.4 The Minister may, upon the request of a holder of a commercial bait licence, transfer the licence to another person.

31.5 The holder of a commercial bait licence shall not use salt to preserve bait–fish taken under the licence.

Buying or Selling Fish

32. (1) A person who buys fish directly from the holder of an aquaculture licence, commercial fishing licence, commercial bait licence or document described in subsection (2) is exempt from the requirement in subsection 51 (1) of the Act to have a licence to buy fish.

(2) A document shall be deemed to be a licence to sell fish, other than bait–fish, for the purpose of subsection 51 (1) of the Act if,

(a) it is prepared by,

(i) the holder of an aquaculture licence or commercial fishing licence who is selling fish in accordance with the licence, or

(ii) a person who subsequently sells some or all of the fish originally sold by a person described in subclause (i);

(b) it lists the number and species of fish being sold;

(c) it is given by the person described in clause (a) to the buyer; and

(d) it identifies the person who prepared the document and the person to whom it is given.

(3) For fish transported into Ontario, a document described in subsection (2) shall be deemed to be a licence to sell fish, for the purpose of subsection 51 (1) of the Act, only if the document is attached to another document attesting to the fact that the fish originated outside Ontario.

32.1 The holder of a commercial bait licence shall not buy or sell bait–fish that have been preserved with salt.

5. The Regulation is amended by adding the following sections under the heading “Part IV Miscellaneous”:

Licence to Collect Fish

34.1 (1) The Minister may issue a licence to collect fish for scientific purposes.

(2) The holder of the licence shall, not later than January 31 after the expiry of the licence, report to the Minister in writing on the species and number of each species collected under the licence.

Licence to Transport Live Fish

34.2 (1) The Minister may issue a licence to transport a specified species of live fish, other than bait–fish, that has been taken from Ontario waters.

(2) It is a condition of a licence to transport fish that the person in possession of the fish while it is being transported shall have on his or her person a copy of the licence to transport fish and a copy of the licence under which the fish were taken.

Licence to Possess Nets

34.3 The Minister may issue a licence to authorize the holder to possess a gill net, pound net, trap net, trawl net, hoop net or seine net.

6. (1) Except as provided in subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 3 comes into force on January 1, 2001.