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ontario regulation 67/22

made under the

Fish and Wildlife Conservation Act, 1997

Made: February 10, 2022
Filed: February 11, 2022
Published on e-Laws: February 11, 2022
Printed in The Ontario Gazette: February 26, 2022

Amending O. Reg. 664/98

(FISH LICENSING)

1. Paragraph 3 of section 30.2 of Ontario Regulation 664/98 is revoked and the following substituted:

3.  The Northwestern Bait Management Zone that consists of any part of fisheries management zone 2 south of the 11th baseline at latitude 51°48’11”N. or 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.

2. Subsection 34.1 (2) of the Regulation is revoked and the following substituted:

(2) For the purposes of this section, the following special classes of licences are recognized as licences to collect fish for scientific purposes:

1.  A licence to collect fish for stormwater management pond maintenance.

2.  A licence to collect fish for salvage during in-water infrastructure works.

(3) A special class of licence referred to in subsection (2) is issued by the Ministry online by accessing the Government of Ontario’s website or by such other means as the Minister determines.

(4) A licence to collect fish for stormwater management pond maintenance authorizes the collection of fish to enable stormwater management pond maintenance involving dewatering, sediment removal or bank repair in retention basins designed to temporarily store urban stormwater runoff.

(5) A licence to collect fish for salvage during in-water infrastructure works authorizes the collection of fish while dewatering to replace or maintain culverts or to conduct in-water maintenance on bridges and dams.

(6) A licence referred to in subsection (2) is valid for the period of time and location specified in the licence and is subject to the following conditions:

1.  Fish can only be collected by means of the following gear:

i.  dip, seine, fyke or trap net.

ii.  baitfish or Windermere trap, electrofishing unit, or bucket.

2.  All gear used to collect fish shall be monitored and inspected continuously while dewatering and, while not dewatering, be inspected at least once daily and clearly marked with the name and licence number of the licence holder any time it is left unattended while in the water.

3.  All gear and equipment used for fish collection shall be decontaminated using the decontamination methods outlined for watercraft and watercraft equipment in the document entitled “Best Management Practices for Preventing the Spread of Aquatic Invasive Species – Guidance for Watercraft Users”, dated 2021, available on a website maintained by the Government of Ontario.

(7) In addition to the conditions in subsection (6), a licence to collect fish for stormwater management pond maintenance is subject to the following conditions:

1.  Fish can only be collected under the licence between April 15 and October 15 in any year.

2.  All fish species collected under the licence, other than a species classified as extirpated, endangered or threatened under the Endangered Species Act, 2007 or the Species at Risk Act (Canada), shall be humanely euthanized and shall not be deposited into natural waters.

3.  Fish species classified as extirpated, endangered or threatened under the Endangered Species Act, 2007 or the Species at Risk Act (Canada) shall be immediately released, in a manner that causes the least harm to the fish, into the closest suitable habitat outside of the work area.

(8) In addition to the conditions in subsection (6), a licence to collect fish for salvage during in-water infrastructure works is subject to the following conditions:

1.  Fish collection shall be conducted in accordance with the guidelines contained in the document entitled “In-Water Work Timing Window Guidelines”, dated March 11, 2013, published by the Ministry and available on a website maintained by the Government of Ontario, as it may be amended from time to time.

2.  All live fish collected, other than a species classified as a prohibited or restricted invasive species under the Invasive Species Act, 2015 or an aquatic invasive species set out under the Aquatic Invasive Species Regulations made under the Fisheries Act (Canada), shall be immediately released, in a manner that causes the least harm to the fish, into the closest suitable habitat outside of the work area.

(9) The holder of a licence issued under this section shall complete a report in the form required by the Minister and submit it to the Minister by January 31 following the licence expiration date or by the date specified in the licence.

(10) A report under subsection (9) may be submitted online through the Government of Ontario’s website or by such other means as the Minister determines.

Commencement

3. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Section 2 comes into force on the later of April 1, 2022 and the day this Regulation is filed.

 

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