Subject: Provision of Fish or Gametes from the Provincial Fish Culture Program
Policy: FisPp.9.5.1
Compiled by – Ministry: Natural Resources
Division: Policy
Date issued: August 2004
Branch: Biodiversity
Section: Fisheries Policy
Replaces directive title: Same
Number: FI 2.06.05
Dated: August 1995

1.0 Definitions

In this policy / procedure,

Act
means the Fish and Wildlife Conservation Act (FWCA)
aquaculture
is defined in the Act and means the breeding or husbandry of fish, and the verb “culture” has, with respect to fish, a corresponding meaning
artificial waters
are described in clause 3(2)(b) of the Ontario Fishery Regulations made under the Fisheries Act and may be referred to as artificial ponds in this policy. The water body (e.g. pond) must be artificial and meet the following additional criteria: It cannot be on a regional flood plain. It must be wholly within the boundaries of privately-owned land. It can contain water from surface run-off, natural springs, ground water or water pumped from a stream or lake; however, it cannot have a connection or outflow to natural waters. Use is restricted to non-commercial purposes and fish deposited into the water body must be obtained from either an aquaculture facility licensed under the provincial Act or a commercial fishing operation licensed under the provincial Act
culture
is defined in the definition of “aquaculture” and when used as a verb with respect to fish has a corresponding meaning with aquaculture
Ontario waters and waters of Ontario
refer to the natural waters of Ontario and does not include artificial ponds

2.0 Rationale

Revisions to the aquaculture regulations in 1995 expanded the list of species eligible for aquaculture. To culture many of these new species the industry required access to wild stocks. The Ontario Ministry of Natural Resources (OMNR) will assist by allowing the collection of fish or gametes directly from Ontario waters (FisPp.9.5.2 - Collection of fish gametes / Issuance of Licence to Collect Fish for Aquaculture) and by making available surplus stock from OMNR fish culture stations or OMNR egg collections.

The use of wild stocks is encouraged by OMNR as a means of avoiding imports of fish into the province. However, OMNR has an obligation to ensure that wild stocks are protected and the government receives fair compensation for Crown resources.

This policy / procedure identifies the process for acquiring wild fish or gametes from provincial fish culture stations.

3.0 Program direction

The intent is for individual operators and the aquaculture industry to become self- sufficient and not to remain dependent on provision of fish from the fish culture system or wild fish or egg collections (FisPp. 9.5.2). Individuals applying for a Licence to Collect Fish for Aquaculture should be advised of this and encouraged to develop their own hatchery-maintained brood stocks.

OMNR may assist by provision of fish or gametes excess to the Ministry’s requirements from brood stocks held at OMNR fish culture stations e.g. brook trout, lake trout, brown trout. Prices for fish or gametes will be established by Fish Culture Section.

4.0 Procedure

Provision of stocks from OMNR Fish Culture Stations

The holder of an aquaculture licence may request a supply of fish or gametes from the Ministry to meet an identified need to develop a brood stock, proceed with culture of a given species, or to enhance the genetics of an existing stock.

An OMNR office receiving an inquiry about the availability of fish from the OMNR Fish Culture Section should:

  1. Direct interested parties to contact the Manager of Fish Culture Section, Fish and Wildlife Branch in order to obtain information about what stocks are in the OMNR system and to identify an interest in a particular stock or stocks.

The Manager of Fish Culture Section will ensure that:

  1. The requester is advised of availability of stocks and options to obtain;
  2. Any costs associated with getting the eggs/stocks, established by Fish Culture Section and set out in periodic bulletins will be charged; and
  3. No guarantee is provided with respect to fish health or viability of the eggs or fish.

Arrangements to obtain eggs/fish:

  1. Purchasers must arrange for transportation of the fish or gametes from the source to their facility;
  2. At the time of pick-up, purchasers must show that their facility is licensed for the species in question;
  3. The purchaser must provide payment to OMNR in the form of a certified cheque or money order at the time or prior to receipt of the fish;
  4. An invoice/receipt will by issued by OMNR using a format set out by the Manager of Fish Culture Section; and
  5. Appropriate financial procedure to have the payment identified as cost recovery to the Fish and Wildlife SPA must be followed.

5.0 References

5.1 Legislative references

  • Fish and Wildlife Conservation Act
    • Section 83 - fees and royalties
    • Section 84 - sale of products and services
  • Fish Licencing Regulation
    • Section 19
  • Fisheries Act
  • Fish Health Protection Regulations

5.2 Directive cross references

  • Policies and procedures
    • FisPp.9.2.1 - Issuance of Aquaculture Licence, Renewals, Transfers, Amendments, Refusals and Cancellations
    • FisPp.9.5.2 - Collection of fish or gametes / Issuance of Licence to Collect Fish for Aquaculture
    • FisPp.9.5.3 - Administration of Federal Fish Health Protection Regulations with respect to the importation of live fish or gametes into Ontario