O. Reg. 664/98: FISH LICENSING

Fish and Wildlife Conservation Act, 1997
Loi de 1997 sur la protection du poisson et de la faune

ontario REGULATION 664/98

Amended to O. Reg. 113/04

FISH LICENSING

Historical version for the period April 22, 2004 to November 3, 2004.

This Regulation is made in English only.

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CONTENTS

PART I
SPORT FISHING LICENCES

Definitions

1. In this Part,

“Canadian resident” means a person whose primary residence is any part of Canada and who has actually resided in any part of Canada for a period of at least six months during the 12 months immediately preceding the time that residence becomes material under this Part;

“lake trout” includes common lake trout, Great Lakes trout, grey trout, Makinaw trout and siscowet;

“sport fishing” means the taking of fish for non-commercial purposes by angling or by means of hook and line, spear, dip net, bait-fish trap, seine net or bow and arrow;

“validation tag” includes a resident sport fishing tag, a resident conservation tag, a non-resident sport fishing tag and a non-resident conservation tag.  O. Reg. 664/98, s. 1.

Sport Fishing by Residents and canadian residents

2. (1) A sport fishing licence authorizes the holder to engage in sport fishing.  O. Reg. 664/98, s. 2 (1).

(2) The licence is composed of a fishing outdoors card or a temporary fishing outdoors card issued under section 3, or a combined hunting/fishing outdoors card issued under Ontario Regulation 665/98 (Hunting), and the appropriate validation tag.  O. Reg. 664/98, s. 2 (2).

(3) The licence is not valid unless the appropriate validation tag is affixed to the fishing outdoors card or the combined hunting/fishing outdoors card.  O. Reg. 664/98, s. 2 (3).

(4) The following documents are deemed to be sport fishing licences:

1. A disabled person parking permit issued under the Highway Traffic Act.

2. A national identity card issued by the Canadian National Institute for the Blind.

3. The birth certificate of a resident or Canadian resident under the age of 18 years or over the age of 65 years.

4. The birth certificate of a person who meets the criteria published by the Minister in The Ontario Gazette. 

5. A fishing outdoors card or combined hunting/fishing outdoors card which expired in the previous calendar year, together with a receipt issued within the previous 30 days to the holder of the outdoors card from a ServiceOntario kiosk indicating payment for the renewal of the outdoors card and for the renewal of a fishing tag.  O. Reg. 664/98, s. 2 (4); O. Reg. 23/00, s. 1.

3. (1) A fishing outdoors card or temporary fishing outdoors card may be issued to an applicant who is a resident or a Canadian resident.  O. Reg. 664/98, s. 3 (1).

(2) The holder of a fishing outdoors card or temporary fishing outdoors card who ceases to be a Canadian resident is not eligible to obtain any permits or validation tags for that card.  O. Reg. 664/98, s. 3 (2).

(3) The holder of a fishing outdoors card or temporary fishing outdoors card shall notify the Minister of any change in the information submitted in the application for the card not later than 10 days after the change occurs.  O. Reg. 664/98, s. 3 (3).

(4) A fishing outdoors card expires on December 31,

(a) of the third year after the date of its issue, if it is issued in November or December; or

(b) of the second year after the date of its issue, if it is issued from January to October, inclusive.  O. Reg. 664/98, s. 3 (4).

(5) A temporary fishing outdoors card expires on December 31 of the year of its issue.  O. Reg. 664/98, s. 3 (5).

(6) A person shall not apply for or possess more than one fishing outdoors card, whether regular or temporary.  O. Reg. 664/98, s. 3 (6).

4. (1) The Minister may issue in any year a promotional licence for sport fishing for a duration of no more than three days to a resident or a Canadian resident to take fish within the conservation catch and possession limits described in the Ontario Fishery Regulations.  O. Reg. 664/98, s. 4 (1).

(2) Section 2 does not apply to a promotional licence or to a guest licence for sport fishing under section 18.  O. Reg. 664/98, s. 4 (2).

5. (1) A sport fishing licence issued to a resident of Manitoba in accordance with the laws of Manitoba shall be deemed to be valid for sport fishing in the following Ontario lakes:

1. Garner Lake (50°48'N., 95°11'W.).

2. Davidson Lake (50°21'N., 95°09'W.).

3. Ryerson Lake (50°23'N., 95°09'W.).

4. Mantario Lake (49°95'N., 95°10'W.).

5. Frances Lake (51°43'N., 95°08'W.).

6. Moar Lake (52°00'N., 95°07'W.).

O. Reg. 664/98, s. 5 (1).

(2) A sport fishing licence issued to a resident of the province of Quebec under the laws of Quebec shall be deemed to be a licence for sport fishing in the Ontario waters that form a portion of the Ottawa River, Division 12, Ontario Fishery Regulations and the Ontario portion of Lake Temiskaming, Division 18, Ontario Fishery Regulations.  O. Reg. 664/98, s. 5 (2).

6. The Minister may issue to a holder of a sport fishing licence a permit to take lake herring, lake whitefish and pink salmon by means of a dip net for personal use.  O. Reg. 664/98, s. 6.

Sport Fishing by Non-Residents

7. (1) A sport fishing licence may be issued to a non-resident, including a non-resident under 16 years of age, but is not valid unless a validation tag is attached to the reverse side of it.  O. Reg. 664/98, s. 7 (1).

(2) The tag authorizes the holder to sport fish during the period specified on the tag.  O. Reg. 664/98, s. 7 (2).

(3) A non-resident sport fishing licence is not valid for sport fishing in Lake St. Joseph, located at latitude 51°05'N and longitude 90°35'W as described and outlined in black on the map filed in the office of the Director of the Fish and Wildlife Branch of the Ministry of Natural Resources, unless a tag authorizing it is attached to the reverse side of the licence.  O. Reg. 664/98, s. 7 (3).

(4) A non-resident under 18 years of age who is fishing with the holder of a sport fishing licence shall be deemed to hold a sport fishing licence but one limited to fishing under the authority of the licence holder.  O. Reg. 664/98, s. 7 (4).

8. Revoked:  O. Reg. 546/00, s 1.

9. (1) Revoked:  O. Reg. 508/99, s. 1.

(2) Revoked:  O. Reg. 508/99, s. 1.

(3) Revoked:  O. Reg. 508/99, s. 1.

(4) Revoked:  O. Reg. 508/99, s. 1.

(5) A holder of a non-resident sport fishing licence shall not take fish in excess of the conservation catch and possession limits set out in the Ontario Fishery Regulations if the licence holder is camping on Crown land located in the area described,

(a) in Divisions 20, 21, 22A, 24, 30, 31, 33 or 34 of the Ontario Fishery Regulations; or

(b) in Division 22 of the Ontario Fishery Regulations except the area set out in Schedule A to this Regulation.  O. Reg. 323/99, s. 1.

10. A licence may be issued to a non-resident who is under 18 years of age, including a non-resident who is under 16 years of age, if the person is a member of an organized camp and if at least five members of the organized camp apply for the licence.  O. Reg. 664/98, s. 10.

11. Revoked:  O. Reg. 196/00, s. 2.

12. Revoked:  O. Reg. 196/00, s. 2.

13. Revoked:  O. Reg. 196/00, s. 2.

14. Revoked:  O. Reg. 196/00, s. 2.

15. Revoked:  O. Reg. 196/00, s. 2.

General

16. (1) An outdoors card, a combined hunting/fishing outdoors card, a non-resident sport fishing licence or temporary outdoors card is not valid for catching and retaining lake trout taken by angling from Echo Bay (49°39'N., 94°50'W.) or Clearwater Bay (49°42'N., 94°45'W.), including Deception Bay (49°42'N., 94°48'W.), Woodchuck Bay (49°41'N., 94°52'W.) and Kendal Inlet (49°44'N., 94°39'W.) of Lake of the Woods, or from Cul de Sac Lake (49°38'N., 94°50'W.) unless the licence holder has been issued a tag authorizing it.  O. Reg. 664/98, s. 16 (1).

(2) The tag shall not be issued to a licence holder unless he or she files an application with the Minister and his or her name is selected in a draw conducted by the Minister.  O. Reg. 664/98, s. 16 (2).

(3) A person shall not submit more than one application or possess more than one tag described in this section in a year.  O. Reg. 664/98, s. 16 (3).

(4) A licence holder who is issued a tag shall attach it to the back of the appropriate licence unless the holder has a combined hunting/fishing outdoors card, in which case, the licence holder shall carry the tag on his or her person.  O. Reg. 664/98, s. 16 (4).

(5) A licence holder who catches and retains a lake trout from the waters referred to in subsection (1) shall attach the seal provided with the tag to the lower jaw of the lake trout immediately after catching it at the site where it was caught, and shall keep the seal attached to the lake trout while it is being transported and until it is consumed.  O. Reg. 664/98, s. 16 (5).

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.  O. Reg. 196/00, s. 3.

18. The Minister may issue an angler’s guest licence for sport fishing.  O. Reg. 664/98, s. 18.

PART II
AQUACULTURE

Aquaculture Licences

19. (1) A person wishing to engage in aquaculture shall apply for an aquaculture licence in a form established by the Minister.  O. Reg. 664/98, s. 19 (1).

(2) An applicant for an aquaculture licence shall, on request, provide with the application a description acceptable to the Minister of the measures that the applicant intends to put in place or has put in place to prevent fish from escaping from any location for which the licence is being considered.  O. Reg. 664/98, s. 19 (2).

20. (1) The holder of an aquaculture licence may,

(a) culture those fish specified in the licence from among the species of fish set out in Schedule B for any location set out in the licence;

(b) buy fish of the species specified in the licence for any location set out in the licence and may deposit such fish only in that location;

(c) sell fish of the species specified in the licence taken from any location set out in the licence.  O. Reg. 664/98, s. 20 (1).

(2) An aquaculture licence is valid for five years from its date of issue.  O. Reg. 664/98, s. 20 (2).

21. (1) It is a condition of an aquaculture licence that the holder,

(a) adhere to the measures for preventing the escape of fish described in the application for the licence, if any;

(b) correct, as required by the Minister, any deficiencies in such measures that are identified by the Minister;

(c) report to the Minister the number of fish that escape in excess of the number permitted in the licence; and

(d) attempt to recapture escaped fish if the Minister has given approval in advance but otherwise obtain the direction of the Minister before attempting to recapture them.  O. Reg. 664/98, s. 21 (1).

(2) It is a condition of an aquaculture licence that authorizes aquaculture involving the use of a cage on public lands that the holder test and at all times maintain water quality as required in the licence and, where required, report on water quality to the Minister.  O. Reg. 664/98, s. 21 (2).

22. (1) The holder of an aquaculture licence shall immediately report to the Minister the discovery in fish of any of the disease organisms listed in Schedule C or of any other disease organism of which the Minister has notified the holder.  O. Reg. 664/98, s. 22 (1).

(2) Unless the Minister directs otherwise, no holder of an aquaculture licence shall sell or otherwise dispose of fish taken from a location set out in the holder’s licence if the fish are infected with a disease organism listed in Schedule C or any other disease organism of which the Minister has notified the holder of the licence.  O. Reg. 664/98, s. 22 (2).

23. (1) A holder of an aquaculture licence may apply to the Minister to transfer the licence.  O. Reg. 664/98, s. 23 (1).

(2) The application shall be granted if the holder is in compliance with the conditions of the licence.  O. Reg. 664/98, s. 23 (2).

24. (1) A person may, without a licence, engage in aquaculture if the fish are cultured in aquariums.  O. Reg. 664/98, s. 24 (1).

(2) Subsection 51 (1) of the Act does not apply to the buying or selling of goldfish, koi (Cyprinus carpio) and the species of tilapia set out in Schedule B if these fish are bought or sold for the purpose of the aquarium trade.  O. Reg. 113/04, s. 1.

(3) In this section,

“aquarium” means an artificial container used to culture fish for personal use or for the aquarium trade;

“aquarium trade” means the culturing, buying or selling of aquarium, tropical or ornamental fish for the pet or hobby market.  O. Reg. 664/98, s. 24 (3).

Fish Stocking Licences

25. (1) The Minister may issue a licence to stock fish in the numbers and species determined by the Minister.  O. Reg. 664/98, s. 25 (1).

(2) The holder of a licence to stock fish may stock fish at any location set out in the licence.  O. Reg. 664/98, s. 25 (2).

(3) A licence to stock fish is valid for three years from its date of issue.  O. Reg. 664/98, s. 25 (3).

26. It is a condition of a licence to stock fish that the holder submit to the Minister, on request, information on the fish stocked in accordance with the request.  O. Reg. 664/98, s. 26.

27. A holder of a licence to stock fish shall not stock fish infected with a disease organism listed in Schedule C or with any other disease organism of which the Minister has notified the holder.  O. Reg. 664/98, s. 27.

Licence to Collect Fish from Ontario Waters

28. (1) The Minister may issue a licence to collect fish from Ontario waters in such numbers and species of fish listed in Schedule B as are set out in the licence.  O. Reg. 664/98, s. 28 (1).

(2) The licence may specify the locations with respect to which the licence applies, the method of collection authorized by it and the period of validity of the licence.  O. Reg. 664/98, s. 28 (2).

Transportation of Fish

29. (1) An aquaculture licence, a licence to stock fish or a licence to collect fish from Ontario waters are authority to ship or transport under this section live fish of a species specified in the licence if a person transporting the fish has on his or her person a copy of the licence.  O. Reg. 664/98, s. 29 (1).

(2) A receipt, invoice, bill of lading or similar document listing fish received from the holder of an aquaculture licence shall be deemed to be a licence to transport the fish described in the document.  O. Reg. 664/98, s. 29 (2).

(3) Subsection 57 (1) of the Act does not apply,

(a) to a person transporting a container that contains fish if that person produces on request a copy of an aquaculture licence, a licence to stock fish or a licence to collect fish from Ontario waters or an invoice or other receipt issued by the holder of an aquaculture licence and the licence, invoice or receipt accompanies the fish and lists the species transported;

(b) to a person transporting fish taken in accordance with the Act and the regulations taken under the authority of a sport fishing licence if that person accompanies the fish during transportation.  O. Reg. 664/98, s. 29 (3).

Non-Application of Sections of the Act to Licence Holders

30. (1) Subsection 37 (1) of the Act does not apply to,

(a) the holder of an aquaculture licence, a commercial fishing licence, a commercial bait licence, a licence to collect fish from Ontario waters or a licence to collect fish for scientific purposes if the holder possesses a net mentioned in that subsection and uses it in a manner that is consistent with the purpose for which the holder’s licence was issued;

(b) to a manufacturer, merchant or common carrier that possesses nets for the purpose of sale or transportation.  O. Reg. 664/98, s. 30 (1).

(2) Subsection 36 (5) of the Act does not apply to the holder of an aquaculture licence, a licence to stock fish or a licence to collect fish from the wild with respect to the fish and waters indicated on such licences.  O. Reg. 664/98, s. 30 (2).

PART III
BUYING OR SELLING FISH, FROGS AND LEECHES AND RELATED LICENCES

Definitions

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.  O. Reg. 196/00, s. 4 (2).

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.  O. Reg. 196/00, s. 4 (2).

(2) The Minister may issue a commercial fishing licence to a resident or a Canadian citizen.  O. Reg. 196/00, s. 4 (2).

(2.1) The Agreement Among the The Chippewas of Nawash First Nation and Saugeen First Nation and Her Majesty the Queen in Right of Ontario as represented by the Minister of Natural Resources and Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development Canada, dated June 20, 2000, which contains a provision stating that the agreement is to have the effect of a commercial fishing license, shall be deemed to be a commercial fishing licence issued under the authority of the Act and the Ontario Fishery Regulations.  O. Reg. 382/00, s. 1.

(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.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

(8) The returns required under this section shall be on the forms provided by the Minister.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

31.2 The Minister may, upon the request of a holder of a commercial fishing licence, transfer the licence to another person.  O. Reg. 196/00, s. 4 (2).

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.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

(7) The holder of a commercial bait licence shall not make a false entry in the log book.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

31.4 The Minister may, upon the request of a holder of a commercial bait licence, transfer the licence to another person.  O. Reg. 196/00, s. 4 (2).

31.5 The holder of a commercial bait licence shall not use salt to preserve bait-fish taken under the licence  O. Reg. 196/00, s. 4 (2).

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.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

(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.  O. Reg. 196/00, s. 4 (2).

32.1 The holder of a commercial bait licence shall not buy or sell bait-fish that have been preserved with salt.  O. Reg. 196/00, s. 4 (2).

32.2 (1) The following fish that do not exist in Ontario waters are prescribed, for the purpose of subsection 51 (1) of the Act, as fish that can be bought or sold only under the authority of a licence:

 

1.	Grass carp	Ctenopharyngodon idella
2.	Bighead carp	Hypophthalmichthys nobilis
3.	Silver carp	Hypophthalmichthys molitrix
4.	Black carp	Mylopharyngodon piceus
5.	Snakehead	Family Channidae
6.	Round goby	Neogobius melanostomus
7.	Tubenose goby	Preterorhinus marmoratus

O. Reg. 113/04, s. 2.

(2) The requirement to have a licence to buy or sell the prescribed fish does not apply if the fish are dead at the time of purchase or sale.  O. Reg. 113/04, s. 2.

(3) The requirement for a licence under this section applies to a person who holds a licence that is deemed to be a licence to sell fish under subsection 32 (3).  O. Reg. 113/04, s. 2.

33. The requirement in subsection 51 (1) of the Act to have a licence does not apply to the buying or selling of yellow perch lawfully obtained by a resident by angling in the waters of the St. Lawrence River, including Lake St. Francis, between the dam at the site of the Robert H. Saunders Generating Station and the interprovincial boundary between Ontario and Quebec, if the yellow perch is sold or bought in the United Counties of Stormont, Dundas and Glengarry.  O. Reg. 664/98, s. 33.

Commercial Fishing Royalties

34. (1) This section applies with respect to the species of fish listed in Schedule D.  O. Reg. 664/98, s. 34 (1).

(2) A person required to make royalty payments shall make them as follows:

1. A first interim payment shall be made by July 31 of the calendar year, in respect of each species of fish harvested during the period beginning January 1 of the year and ending April 30 of the year.

2. A second interim payment shall be made by November 30 of the calendar year, in respect of each species of fish harvested during the period beginning May 1 of the year and ending August 31 of the year.

3. A final payment shall be made in respect of each species of fish harvested during the calendar year, by April 30 of the next calendar year.  O. Reg. 664/98, s. 34 (2).

(3) An interim payment under paragraph 1 or 2 of subsection (2) shall be calculated as follows:

1. Ascertain the number of pounds of unprocessed fish of that species harvested by the person in the time period.

2. Multiply the number ascertained under paragraph 1 by the average annual price for the preceding calendar year for a pound of unprocessed fish of that species, as determined by the Minister and published by the Minister in The Ontario Gazette.

3. Multiply the result obtained under paragraph 2 by,

i. .0224 for the period starting on January 1, 1998 and ending on December 31, 1998, and

ii. .0264 for the period after January 1, 1999.  O. Reg. 664/98, s. 34 (3).

(4) A final payment under paragraph 3 of subsection (2) shall be calculated as follows:

1. Ascertain the number of pounds of unprocessed fish of that species harvested by the person in each month in the calendar year.

2. Multiply each monthly number ascertained under paragraph 1 by the average monthly price for a pound of unprocessed fish of that species for the month, as determined by the Minister and published by the Minister in The Ontario Gazette.

3. Calculate the total of all monthly results obtained under paragraph 2.

4. Multiply the result obtained under paragraph 3 by,

i. .028 for the period starting on January 1, 1998 and ending on December 31, 1998, and

ii. .033 for the period after January 1, 1999.

5. Subtract, from the result obtained under paragraph 4, the total of the interim payments made by the person under paragraphs 1 and 2 of subsection (2) in respect of fish of that species harvested in the calendar year.  O. Reg. 664/98, s. 34 (4).

(5) A refund shall be made in the amount of the overpayment to a person who, in respect of a species of fish harvested by the person in the calendar year, makes interim payments under paragraphs 1 and 2 of subsection (2) in an amount that exceeds the result obtained under paragraph 4 of subsection (4).  O. Reg. 664/98, s. 34 (5).

(6) For greater certainty, a positive balance obtained under paragraph 5 of subsection (4) is the final payment owing under paragraph 3 of subsection (2).  O. Reg. 664/98, s. 34 (6).

PART IV
MISCELLANEOUS

Licence to Collect Fish

34.1 (1) The Minister may issue a licence to collect fish for scientific purposes.  O. Reg. 196/00, s. 5.

(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.  O. Reg. 196/00, s. 5.

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.  O. Reg. 196/00, s. 5.

(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.  O. Reg. 196/00, s. 5.

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.  O. Reg. 196/00, s. 5.

Licence Validity and Expiry

35. A licence under this Regulation expires on the date specified in it or in the tag attached to it but, if no date is specified, on December 31 next following the date of its issue.  O. Reg. 664/98, s. 35.

36. A licence under this Regulation, other than a deemed licence, is not valid unless it is signed by the holder and issuer in the space provided for the signature.  O. Reg. 382/00, s. 2.

Fishing Huts

37. (1) A person shall not place or occupy, or attempt to place or occupy, for the purpose of fishing, a hut on the ice of any of the waters described in Schedule E unless the number assigned by the Minister to the owner of the hut is on the outside of the hut in numerals at least two and one-half inches high.  O. Reg. 664/98, s. 37 (1).

(2) The prohibition in subsection (1) does not apply with respect to a tent made of cloth or synthetic fabric that has a basal area of two square metres or less when erected.  O. Reg. 664/98, s. 37 (2).

38. (1) After March 1 in any year, a person shall not place, use, occupy or leave a hut for the purpose of fishing on the ice of Lake Scugog in Division 6 or of any waters in Division 8.  O. Reg. 664/98, s. 38 (1); O. Reg. 433/03, s. 1 (1).

(2) After March 15 in any year, a person shall not place, use, occupy or leave a hut for the purpose of fishing on the ice of,

(a) any waters in the part of Division 12 lying south of a line running east and west through the point of intersection of the King’s Highway known as No. 17 and the King’s Highway known as No. 533;

(b) any waters in the part of Division 15 in the Township of Tudor;

(c) any waters in the part of Division 4 in the counties of Simcoe and Dufferin, Lake Simcoe in the County of Simcoe and in the regional municipalities of Durham and York;

(d) the part of Long Point Bay on Lake Erie in The Regional Municipality of Haldimand-Norfolk lying west of a line from the survey point at Turkey Point Marina, situate at approximate latitude 42°42'N. and longitude 80°19'W., to the control survey monument on the northernmost point of Pottohawk Point, situate at approximate latitude 42°36'N. and longitude 80°17'W.;

(e) any waters in Division 6 that are in the Townships of Percy, Seymore, Cramahe, Brighton and Murray;

(f) any waters in Division 7, except waters in the Township of Cashel;

(g) any waters in Division 9, except waters in the Townships of Oso, Olden, Kennebec and Kaladar;

(h) any waters in Division 10, 11 or 16;

(i) the waters in the Territorial District of Algoma bounded by a line described as follows:

Commencing at the northeast corner of Carton Township at approximately 47°19'N., 83°28'W.; thence due west along that line of latitude to the intersection with the International Boundary between Canada and the United States; thence generally southerly and easterly along that International Boundary through Lake Superior and Lake Huron to the intersection with the west boundary of the Corporation of the Township of Plummer Additional; thence due north along that boundary line and its extension to the south boundary of Hurlburt Township; thence easterly along the south boundaries of Hurlburt and Cuthbertson townships to the southeast corner of Cuthbertson Township; thence due north from that point to the place of beginning;

(j) any waters in the part of Division 16 commonly known as Severn Sound lying south of a line from the northernmost point of Sawlog Point in the Township of Tiny to the Town of Honey Harbour in the Township of Georgian Bay; or 

(k) Chesley Lake (44°33'N, 81°14'W) in the County of Bruce.  O. Reg. 664/98, s. 38 (2); O. Reg. 433/03, s. 1 (2, 3).

(3) Revoked:  O. Reg. 433/03, s. 1 (4).

(4) Revoked:  O. Reg. 433/03, s. 1 (4).

(5) After March 31 in any year, a person shall not place, use, occupy or leave a hut for the purpose of fishing on the ice of,

(a) Lake Temagami in Division 26 and in the Territorial District of Nipissing;

(b) Lake Timiskaming in Division 18 and in the territorial districts of Nipissing and Timiskaming;

(c) Lake Manitou in Division 28 and in the Territorial District of Manitoulin;

(d) the French River, the Mattawa River, Trout Lake, situate at approximate latitude 46°18'N. and longitude 79°20'W. in the City of North Bay and the geographic Township of East Ferris in the Territorial District of Nipissing, or any waters south of Trout Lake and the French and Mattawa rivers not listed in subsections (1), (2), (3) and (4);

(e) the waters in the Territorial District of Algoma described in paragraph 16 of Schedule E;

(f) the waters of Lake Nipissing in the territorial districts of Nipissing, Parry Sound and Sudbury; or

(g) the waters north of Highway 17 described in paragraph 17 of Schedule E.  O. Reg. 664/98, s. 38 (5); O. Reg. 433/03, s. 1 (5).

(6) A reference to a Division in this section and in Schedule E is a reference to a division of waters described in Schedule VI to Ontario Fishery Regulations.  O. Reg. 664/98, s. 38 (6).

39. Omitted (revokes other Regulations).  O. Reg. 664/98, s. 39.

40. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 664/98, s. 40.

Schedule A

1. The Territorial District of Rainy River.

2. That portion of the Territorial District of Kenora described as follows:

Commencing at the intersection of the territorial districts of Rainy River, Kenora and Thunder Bay;

Thence north 19.500 kilometres, more or less, along the boundary between the territorial districts of Kenora and Thunder Bay to the southeast corner of the Geographic Township of Corman;

Thence astronomically west 115.900 kilometres, more or less, to a point distant 20.117 kilometres measured westerly from the 5^th meridian line;

. . . . .

Thence astronomically north to the intersection with a line drawn east/west through a point distant 9.656 kilometres measured south astronomically from the 18^th mile post on the base line run by A. Niven, Ontario Land Surveyor, in 1893;

Thence astronomically west from said point 49.624 kilometres;

Thence astronomically south 9.656 kilometres, more or less, to the intersection with the 4^th baseline;

Thence astronomically west along the 4^th baseline 16.093 kilometres, more or less, to the 24^th mile post;

Thence southwesterly in a straight line 22.531 kilometres, more or less, to the water’s edge at the most northeasterly extremity of Kakagi Lake;

Thence in a general southerly, westerly, southerly, easterly, southerly and westerly direction following the water’s edge along the southerly shore of Kakagi Lake to the intersection with the east boundary of the Geographic Township of Godson;

Thence south astronomically along that boundary a distance of 8.530 kilometres, more or less, to the southeast corner of the Geographic Township of Godson;

Thence easterly, southerly, and easterly along the boundary between the territorial districts of Kenora and Rainy River to the point of commencement, together with that part of the Territorial District of Kenora composed of Lake of the Woods, Shoal Lake, Cul de Sac Lake, Obabikon Lake and those parts of Rowan Lake, Katimiagamak Lake, Dibble Lake, White Otter Lake, Nora Lake, Kenoshay Lake, Pine Lake, Elsie Lake, Guliver Lake, Cloven Lake, Campus Lake, Fish Lake, Adele Lake, Portage Lake, Pyramid Lake, Mack Lake, Saganagons Lake, Amit Lake, Moose Bay, Lower Scotch Lake, Unnamed Lakes (49°12'N., 91°37'W.), (49°12'N., 91°56'W.), (49°12'N., 91°58'W.) and (48°22'N., 90°58'W.) not included in the description.

O. Reg. 664/98, Sched. A; O. Reg. 508/99, s. 2.

Schedule B
SPECIES ELIGIBLE FOR CULTURE IN ONTARIO

Lake sturgeon	Acipenser fulvescens
Atlantic salmon	Salmo salar
Brown trout	Salmo trutta
Brook trout	Salvelinus fontinalis
Lake trout	Salvelinus namaycush
Arctic char	Salvelinus alpinus
Chinook salmon	Oncorhynchus tshawytscha
Coho salmon	Oncorhynchus kisutch
Pink salmon	Oncorhynchus gorbuscha
Rainbow trout	Oncorhynchus mykiss
Lake whitefish	Coregonus clupeaformis
Lake herring (cisco)	Coregonus artedii
Splake	The hybrid of Salvelinus fontinalis and Salvelinus namaycush
Muskellunge	Esox masquinongy
Northern Pike	Esox laces
Creek chub	Semotilus atromaculatus
White sucker	Catostomus commersoni
Blandness minnow	Pimephales notatus
Fathead minnow	Pimephales promelas
Redbelly dace	Phoxinus eos
Finescale dace	Phoxinus neogaeus
Common shiner	Luxilus cornutus
Golden shiner	Notemigonus crysoleucas
Emerald shiner	Notropis atherinoides
Common carp	Cyprinus carpio
Goldfish	Carassius auratus
Brown bullhead	Ameiurus nebulosus
Channel catfish	Ictalurus punctatus
American eel	Anguilla rostrata
Largemouth bass	Micropterus salmoides
Smallmouth bass	Micropterus dolomieu
Bluegill	Lepomis macrochirus
Pumpkinseed	Lepomis gibbosus
Black crappie	Pomoxis nigromaculatus
Walleye	Stizostedion vitreum
Sauger	Stizostedion canadense
Yellow perch	Perca flavescens
Tilapia of the genera	Oreochromis, Sarotheradon, Tilapia
Crayfish	Orconectes immunus,
	O. virilis,
	O. propinquus,
	Cambarus robustus,
	C. bartonii

O. Reg. 664/98, Sched. B.

Schedule C
FISH DISEASE AGENTS

Infectious hematopoietic necrosis virus

Viral hemmorhagic septicemia virus

Oncorhynchus masou virus

Epizootic epitheliotropic disease virus

Ceratomyxa shasta

Myxobolus cerebralis (causative agent of whirling disease)

Proliferative kidney disease agent

O. Reg. 664/98, Sched. C.

Schedule D
SPECIES OF FISH

American eel

Bullhead, spp.

Carp, spp.

Channel catfish

Chubs, spp.

Crappie, spp.

Freshwater drum

Lake herring (Cisco)

Lake sturgeon

Lake trout

Lake whitefish

Menominee

Northern pike

Rainbow smelt

Sauger

Sunfish, spp.

Walleye

White bass

White perch

Yellow perch

O. Reg. 664/98, Sched. D.

Schedule E

1. The water known as Lake Couchiching in the County of Simcoe and The Regional Municipality of Durham.

2. The water known as Lake Simcoe in the County of Simcoe and the regional municipalities of Durham and York.

3. The water known as Puslinch Lake in the County of Wellington.

4. The water known as Lake Nipissing in the territorial districts of Nipissing, Parry Sound and Sudbury.

5. The water known as Lake Temagami in the Territorial District of Nipissing.

6. The waters known as Lake Scugog in The Regional Municipality of Durham.

7. The waters known as Lake Timiskaming in the territorial districts of Nipissing and Timiskaming.

8. The waters known as Lake Manitou in the Territorial District of Manitoulin.

9. Revoked:  O. Reg. 433/03, s. 2 (1).

10. Divisions 7, 8, 9, 10, 11, 12, 15, 16 and 29.

11. Trout Lake, situate at approximate latitude 46°81'N. and longitude 79°20'W. in the City of North Bay and the Geographic Township of East Ferris in the Territorial District of Nipissing.

12. The part of Long Point Bay on Lake Erie in The Regional Municipality of Haldimand-Norfolk lying west of a line from the survey point at Turkey Point Marina, situate at approximate latitude 42°42'N. and longitude 80°19'W., to the control survey monument on the northernmost point of Pottohawk Point, situate at approximate latitude 42°36'N. and longitude 80°17'W.

13. The waters known as Dunlop Lake situate at approximate latitude 46°29'N. and longitude 82°42'W. in the townships of Beange and Bouck in the Territorial District of Algoma.

14. The waters known as Matinenda Lake situate at approximate latitude 46°22'N. and longitude 82°58'W. in the townships of Scarfe, Juillette, Mack and Timmermans in the Territorial District of Algoma.

15. The waters in the Territorial District of Algoma bounded by a line described as follows:

Commencing at the northeast corner of Carton Township at approximate latitude 47°19'N. and longitude 83°28'W.; thence due west along that line of latitude to the intersection with the International Boundary between Canada and the United States; thence generally southerly and easterly along that International Boundary through Lake Superior and Lake Huron to the intersection with the west boundary of the Corporation of the Township of Plummer Additional; thence due north along that boundary line and its extension to the south boundary of Hurlburt Township; thence easterly along the south boundaries of Hurlburt and Cuthbertson townships to the southeast corner of Cuthbertson Township; thence due north from that point to the place of beginning.

16. The waters in the Territorial District of Algoma bounded by a line described as follows:

Commencing at the northwest corner of Ferrier Township at approximate latitude 83°28'N. and longitude 47°14'W.; thence due south along that line of longitude to the northern boundary of Shingwaukonce Township; thence due west along the line of latitude to the northwest corner of Kane Township; thence due south along the line of longitude to the shoreline of Lake Huron in Lefoy Township; thence easterly along the shoreline of Lake Huron to the easterly boundary of Lewis Township; thence due north along the line of longitude to the northeast corner of Assad Township; thence due west along the northern boundary of Assad Township to southeast corner of Parrott Township; thence due west along the line of longitude to the northwest corner of Parrott Township; thence due north along the line of longitude to the northeast corner of Grossman Township; thence due west along the line of latitude to the place of beginning.

17. The waters north of Highway 17 bounded by a line described as follows:

Commencing at the southeast corner of Ratter Township, thence due north to the northeast corner of Ratter Township; thence west along the Ratter Township northern boundary line to the southeast corner of Loughrin Township; thence in a north direction on the following Township eastern boundaries: Loughrin, Davis, Kelly, McCarthy, Sheppard, Clary and Seagram to the northeast boundary of Seagram Township; thence west following the northern boundary of Seagram Township and Turner Township to the southeast boundary of Selkirk Township; thence along the eastern boundary of Selkirk and Ellis Townships to the northeast boundary of Ellis Township; thence west along the north boundary of Ellis and McLeod Townships to the northwest boundary of McLeod Township; thence south along the western boundary of McLeod, Haentschel and Howey Townships to the southwest boundary of Howey Township; thence west along the north boundary of the following Townships: Beresford, Beaumont, Sweeny, Dunbar, Fairbairn, Muldrew, Athlone, Lafleche, Alton, Jasper, Durban and Ethel to the northwest corner of Comox Township; thence south to the southwest corner of Comox Township; thence east to the northwest corner of Assef Township; thence south to the southwest corner of Assef Township; thence in a south direction on the following Township western boundaries: Fontaine, Lefebvre, Plourde, Poncet, Lehman, Gaiashk, Deagle and Shedden to Highway 17.

18. The waters known as Chesley Lake situate at approximate latitude 44°33'N and longitude 81°14'W in the County of Bruce.

O. Reg. 664/98, Sched. E; O. Reg. 433/03, s. 2.