O. Reg. 324/13: FISH LICENSING

ONTARIO REGULATION 324/13

made under the

FISH AND WILDLIFE CONSERVATION ACT, 1997

Made: December 11, 2013
Filed: December 13, 2013
Published on e-Laws: December 13, 2013
Printed in The Ontario Gazette: December 28, 2013

Amending O. Reg. 664/98

(FISH LICENSING)

1. Subsection 20 (2) of Ontario Regulation 664/98 is revoked and the following substituted:

(2) An aquaculture licence is valid for the period specified in the licence.

2. (1) Subsection 24 (1) of the Regulation is revoked and the following substituted:

(1) A person who engages in aquaculture without a licence is exempt from subsection 47 (1) of the Act if the person engages in aquaculture in any of the following circumstances:

1. The person cultures fish in an aquarium for personal use.

2. The person cultures fish in an aquarium for the purpose of engaging in the aquarium trade.

3. Subject to subsection (1.1), the person cultures fish in an aquarium located at an educational institution or facility for one of the following purposes,

i. to exhibit the fish at the educational institution or facility, or

ii. to raise the fish in a classroom at the educational institution or facility, other than a post-secondary institution for stocking purposes as part of a program to assist in the conservation of that species in Ontario.

4. Subject to subsection (1.1), the person cultures fish in an aquarium located at premises that are generally open to the public for the sole purpose of exhibiting the fish to the public at the premises.

(1.1) A person who engages in aquaculture in the circumstances described in paragraph 3 or 4 of subsection (1) is not exempt from subsection 47 (1) of the Act unless the following conditions are met:

1. All wastewater and effluent from the aquarium is,

i. discharged into a municipal wastewater treatment system, or

ii. disinfected by a process that removes or inactivates pathogens such as viruses, bacteria and protozoa in water.

2. Any fish that are cultured in the aquarium and subsequently die shall not be deposited into natural waters.

(2) The definition of “aquarium” in subsection 24 (3) of the Regulation is revoked and the following substituted:

“aquarium” means an artificial container used to culture fish with no inflow or outflow directly connected to natural waters;

(3) Subsection 24 (3) of the Regulation is amended by adding the following definition:

“educational institution or facility” means a daycare, nursery school, primary school, high school, private school or post-secondary institution.

3. Subsection 25 (3) of the Regulation is revoked and the following substituted:

(3) A licence to stock fish is valid for the period specified in the licence.

Commencement

4. This Regulation comes into force on the later of January 1, 2014 and the day it is filed.