O. Reg. 576/21: FISH LICENSING
filed August 23, 2021 under Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41
Skip to contentontario regulation 576/21
made under the
Fish and Wildlife Conservation Act, 1997
Made: August 13, 2021
Filed: August 23, 2021
Published on e-Laws: August 24, 2021
Printed in The Ontario Gazette: September 11, 2021
Amending O. Reg. 664/98
(FISH LICENSING)
1. Ontario Regulation 664/98 is amended by adding the following part:
PART 0.I
definitions
0.1. In this Regulation,
“baitfish” means baitfish as defined in the Ontario Fishery Regulations; (“poisson-appât”)
“fisheries management zone” means a part of Ontario shown in the Regulation Plans of Fisheries Management Zones 1 - 20 filed on December 5, 2013 with the Office of the Surveyor General of Ontario; (“zone de gestion des pêches”)
“leech” means a member of a species of the Class Hirudinea. (“sangsue”)
2. The definition of “fisheries management zone” or “zone” in section 1 of the Regulation is revoked.
3. The Regulation is amended by adding the following part:
PART II.1
Transport and Use of Bait
Definitions
30.1 In this Part,
“bait” means baitfish and leeches; (“appâts”)
“bait management zone” means a part of Ontario established as a bait management zone under section 30.2; (“zone de gestion des appâts”)
“Great Lakes” means the part of fisheries management zone 6 that consists of St. Ignace Island and Simpson Island, the part of fisheries management zone 10 that consists of Cockburn Island, Michipicoten Island, St. Joseph Island and Manitoulin Island, and fisheries management zones 9, 13, 14, 19 and 20, except for the part of fisheries management zone 20 that is within the County of Prince Edward; (“Grands Lacs”)
“Manitoulin Island” means all islands that can be accessed by land south of the causeway connecting Great LaCloche Island and Whitefish River First Nation known as the Swift Current Bridge, including Manitoulin Island, Great LaCloche Island, Little LaCloche Island, and Barrie Island; (“île Manitoulin”)
“Ottawa River” means fisheries management zone 12; (“rivière des Outaouais”)
“primary residence” means the place with which a person has the greatest connection in terms of present and anticipated future living arrangements, the activities of daily living, family connections, financial connections and social connections, and for greater certainty a person only has one primary residence, no matter how many dwelling places the person may have, inside or outside Ontario. (“résidence principale”)
Bait Management Zones
30.2 The following areas are established as bait management zones:
1. The Central Bait Management Zone that consists of fisheries management zone 15.
2. The Northeastern Bait Management Zone that consists of fisheries management zones 3, 8, 10 and 11, except the part of fisheries management zone 10 that is within Cockburn Island, Michipicoten Island, St. Joseph Island and Manitoulin Island.
3. The Northwestern Bait Management Zone that consists of the part of fisheries management zone 2 south of the 11th baseline at latitude 51°48’11”N. and east of longitude 89°00’00”W., and fisheries management zones 4, 5, 6 and 7, except the part of fisheries management zone 6 that consists of St. Ignace Island and Simpson Island.
4. The Southern Bait Management Zone that consists of fisheries management zones 16, 17 and 18, and the part of fisheries management zone 20 that is within the County of Prince Edward.
Restrictions on the Use and Possession of Bait
30.3 No person shall use bait for fishing or possess bait for use in fishing within a bait management zone unless,
(a) the person’s primary residence is located within the bait management zone where the bait was obtained and will be used or possessed;
(b) the bait originated from the holder of a commercial bait licence, a commercial fishing licence or an aquaculture licence within the bait management zone and the person,
(i) uses or possesses the bait within the two weeks following the date on which it was obtained from the holder of a licence referred to in this clause, and
(ii) is able to produce immediately on request by a conservation officer a legible receipt which lists the business name, where applicable, and licence number of the licence holder from whom the bait was obtained, the location and date it was obtained from the licence holder, and the quantity of baitfish or leeches obtained; or
(c) the person is acting under the authority of a commercial bait licence, commercial fishing licence, aquaculture licence or licence to collect fish for scientific purposes, and is using or possessing bait for the purposes of the licence and in accordance with the conditions of the licence.
Restrictions on the Transport of Bait
30.4 No person shall transport bait or cause bait to be transported into a bait management zone unless,
(a) the person is acting under the authority of a commercial bait licence transporting bait in accordance with the terms and conditions of the licence if,
(i) the licence provides for the transport of bait into the zone in accordance with a bait testing program approved by the Ministry,
(ii) the licence provides for the transport of bait from the Great Lakes or Ottawa River into a bait management zone, or
(iii) the licence provides for the transport of bait through the zone to a jurisdiction outside of Ontario; or
(b) the person is transporting bait from the Great Lakes or Ottawa River into an adjacent bait management zone for immediate disposal for the purposes of complying with section 28 of the Ontario Fishery Regulations.
30.5 No person shall transport bait or cause bait to be transported out of a bait management zone unless,
(a) the person is acting under the authority of a commercial bait licence transporting bait in accordance with the terms and conditions of the licence if,
(i) the licence provides for the transport of bait out of the zone in accordance with a bait testing program approved by the Ministry, or
(ii) the bait is being transported to a jurisdiction outside of Ontario; or
(b) the person is transporting bait to a part of the Great Lakes or Ottawa River if,
(i) the part of the Great Lakes or Ottawa River where the bait is being transported to is adjacent to the bait management zone from which the bait was obtained or harvested; and
(ii) for greater clarity, the bait is not transported through any other bait management zone.
30.6 Sections 30.4 and 30.5 do not apply to the following:
1. A person transporting dead Longnose sucker, White sucker or Lake herring.
2. A person transporting baitfish under the authority of a licence to collect fish for scientific purposes in accordance with the terms and conditions of the licence.
3. A person transporting baitfish under the authority of an aquaculture licence in accordance with the terms and conditions of the licence, if the conditions provide for the transport of baitfish in and out of a bait management zone.
4. The definitions of “bait-fish” and “leech” in section 31 of the Regulation are revoked.
5. The English version of the Regulation is amended by striking out “bait-fish” wherever it appears in the following provisions and substituting in each case “baitfish”:
1. Section 31.3.
2. Section 31.5.
3. Subsection 32 (2).
4. Section 32.1.
5. Subsection 34.2 (1).
6. Section 34.0.1 of the Regulation is revoked.
Commencement
7. This Regulation comes into force on the later of January 1, 2022 and the date it is filed.
Made by:
Pris par :
Le ministre du Développement du Nord, des Mines, des Richesses naturelles et des Forêts,
Greg Rickford
Minister of Northern Development, Mines, Natural Resources and Forestry
Date made: August 13, 2021
Pris le : 13 août 2021