Vol. 151, No. 20 — October 4, 2017

Registration
SOR/2017-195 September 22, 2017

FISHERIES ACT

Regulations Amending the Ontario Fishery Regulations, 2007

P.C. 2017-1171 September 22, 2017

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43 (see footnote a) of the Fisheries Act (see footnote b), makes the annexed Regulations Amending the Ontario Fishery Regulations, 2007.

Regulations Amending the Ontario Fishery Regulations, 2007

Amendments

1 The definition border waters area in subsection 1(1) of the Ontario Fishery Regulations, 2007 (see footnote 1) is repealed.

2 Section 20 of the Regulations is replaced by the following:

3 The portion of item 2 of Part 3 of Schedule 3 to the Regulations in column 1 is replaced by the following:

Item

Column 1

Licence

Zone 5

2

Resident Sport Fishing Licence

4 Part 4 of Schedule 3 to the Regulations is replaced by the following:

PART 4

Non-resident Daily Catch and Retain Quotas and Size Limits

(Section 20)

Item

Column 1


Licence

Column 2


Waters

Column 3


Species

Column 4

Daily Catch and Retain Quota and
Size Limit

1

Non-resident Sport Fishing Licence or Non-resident Conservation Fishing Licence

Zone 5

Walleye or Sauger or any combination

2 walleye or sauger in the aggregate, of which only 1 may be greater than 46 cm

2

Non-resident Sport Fishing Licence or Non-resident Conservation Fishing Licence

Zone 5

Lake trout

1, any size

Coming into Force

5 These Regulations come into force on January 1, 2018, but if they are registered after that day, they come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

In Ontario, the catch and retain limit is the number of fish that are allowed to be caught and kept in one day. The possession limit is the number that is permitted to have in someone’s possession, on hand, in cold storage, in transit or anywhere else. If a fish is caught after reaching the daily catch or possession limit for that species, the fish must be released immediately back to the water. Typically, possession limits are the same as catch and retain limits except where specified. However, there are limited areas where there is a difference between catch and possession limits. When this occurs, it is referred to as differential limits. Fisheries management Zone 5 (FMZ 5) and its border waters area (BWA) is an example where the differential limits are in place.

Fisheries management Zone 5 (see Note i in the Annex), located in the northwest region of Ontario, extends over a large geographic range covering an area of approximately 44 360 km2. FMZ 5 spans three of Ontario Ministry of Natural Resources and Forestry (MNRF) administrative districts including the entire Fort Frances District and southern portions of Kenora and Dryden districts.

The BWA (see Note ii in the Annex), which is a subset of the FMZ 5, is a management program that was implemented in the mid-1990’s and was designed to reduce the impact of non-resident day trip anglers on the sustainability of sauger, walleye, and lake trout fisheries within this area. The BWA (see Note iii in the Annex) has more restrictive daily catch and retain limits for non-resident (see footnote 2) anglers for sauger, walleye (see footnote 3) and lake trout than outside of the BWA (i.e. the rest of the FMZ 5). In addition to the lower limits in the BWA, the BWA also has differential catch and retain and possession limits.

Currently, the Ontario Fishery Regulations, 2007 (OFR, 2007) establish differential limits for non-residents for sauger, walleye, and lake trout in the BWA. Daily catch and retain limits for non-resident sport fishing licences are currently two for sauger and walleye, and one for lake trout, with some variances for certain water bodies within the BWA. Outside of the BWA (i.e. across the rest of the zone), the daily catch and retain limit is currently four for sauger and walleye, and two for lake trout.

Recent fisheries assessments in some of the water bodies of FMZ 5 indicate that about half of the lakes surveyed have sauger and walleye populations showing signs of harvest stress resulting in reduced abundance of larger populations and younger populations.

The purpose of these amendments is to apply the differential daily catch and retain limit for non-residents currently in place in the BWA for sauger, walleye and lake trout throughout FMZ 5 (i.e. sauger and walleye daily limit of two; lake trout daily limit of one). There are no changes to the possession limits as they are consistent inside and outside the BWA for both species. The amendments would essentially render the BWA as redundant and would

It should be noted that there are several exceptions on individual waters within FMZ 5, such as unique fisheries management concerns, level of angler effort, and allocation issues for shared jurisdictions (i.e. international fishery). Therefore, these exceptions will remain in place despite this amendment.

Background

The federal government’s jurisdiction under the Fisheries Act includes responsibility for the protection and conservation of marine and freshwater fisheries and fish habitat. The Fisheries Act and its regulations, including the OFR, 2007, govern recreational and commercial fisheries in Canada.

The OFR, 2007 was enacted to govern fishing activities and the management of fishery resources in all waters within the Province of Ontario, with a few exceptions. The exceptions are the following: other than water bodies to which the National Parks Fishing Regulations apply, activities carried out under an aquaculture licence, aquaculture activities carried out by employees of the Ontario Ministry of Natural Resources and Forestry, or, under certain conditions, artificially created waters into which only fish obtained from either the holder of an aquaculture licence or the holder of a commercial fishing licence have been released for non-commercial purposes.

The OFR, 2007 gives the Ontario Minister of Natural Resources and Forestry the authority to use variation orders to “vary” existing seasons, quotas and size restrictions; however, some changes require amendment of the OFR, 2007 and are outside the delegated authority of the Ontario Minister of Natural Resources and Forestry. Amending provisions relating to sanctuary boundaries, allowable gear, and the establishment of daily limits is the jurisdiction of the federal government. As a result, amendments to the OFR, 2007 require approval by the federal government (Governor in Council). This amendment establishes consistent daily limits for non-resident anglers for sauger, walleye, and lake trout throughout FMZ 5.

Objectives

The regulatory framework associated with FMZ 5 and its BWA is complex. The establishment of the BWA essentially created a sub-zone within FMZ 5. By amending the OFR, 2007 to create consistent daily catch and retain limits throughout the zone essentially eliminates the BWA and achieves the following objectives:

The fisheries management objectives for sauger, walleye, and lake trout for the FMZ 5 are as follows:

Sauger/walleye:

Lake trout:

Description

The amendments would establish consistent daily catch and retain limits for non-residents, for sauger, walleye, and lake trout throughout all of FMZ 5. The amendments change the daily catch limits, while maintaining the existing possession limits. This means that non-resident anglers are able to take home the same number of fish at the end of their trip; however, the daily catch limit in areas outside of the BWA will change from four sauger/walleye to two and lake trout from two to one.

The amendments establish the following daily catch and retain quotas for non-residents fishing under either a sport or conservation licence across all of Zone 5:

Non-Resident Daily Catch and Retain Quotas and Size Limits Walleye and Sauger Limits
 

Existing Limits

Current Amendment

In Border Waters Area

Outside Border Waters
Area

(i.e. rest of Zone 5)

FMZ 5 Zone-Wide Limit

Non-resident Sport Fishing Licence or Non-resident Conservation Fishing Licence (daily catch and retain)

2, only 1 over 46 cm  (see footnote 6)

4, only 1 over 46 cm

2, only 1 over 46 cm

Non-resident Sport Fishing Licence or Non-resident Conservation Fishing Licence (Possession)

4, only 1 over 46 cm

4, only 1 over 46 cm

no changes are being proposed to the possession limits

Non-Resident Daily Catch and Retain Quotas and Size Limits Lake Trout Limits
 

Existing Limits

Current Amendment

In Border Waters Area (see footnote 7)

Outside Border Waters Area

(i.e. rest of Zone 5) (see footnote 8)

FMZ 5 Zone-Wide Limit

Non-resident Sport Fishing Licence or Non-resident Conservation Fishing Licence (daily catch and retain)

1 (no size restriction)

2, only 1 greater than 56 cm from September 1–30

1 (no size restriction)

Therefore, the following amendments will be made:

  1. The definition of “border waters area” in subsection 1(1) is repealed;
  2. Section 20 is replaced with revised language to reflect the new requirements for non-residents regarding new daily catch and retain quotas and size limits;
  3. The portion of item 2 in Part 3 of Schedule 3 in column 1 removes the reference to Non-resident Sport Fishing Licence; and
  4. Part 4 of Schedule 3, which establishes the daily catch and retain quotas and size limits for walleye and sauger and lake trout for non-residents is revised to reflect requirements within all of Zone 5, and removes reference to border waters area.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs (or insignificant costs) to small business.

Small business owners were invited to participate in consultations (see below for further details) and were part of an advisory committee which provided its general support towards ensuring proper management of walleye species.

Consultation

Stakeholders, resident angler groups, angler and hunter groups, local businesses, tourism companies and associations and the general public were invited to participate in consultations and provide comment on the proposed changes. First Nation communities and Indigenous groups also participated in these sessions.

Consultations occurred in 2012 and again in 2015. The following consultation methods were used:

The majority of stakeholders either showed support for the amendments or were neutral to the changes being made to the OFR, 2007. In areas such as the south and west portions of FMZ 5, where populations tend to be most stressed, there is a desire for improvements in walleye populations. In the north and east parts of FMZ 5, there is more satisfaction with current walleye population conditions. Some tourist outfitters, such as the Northwestern Ontario Tourism Association (NWOTA), supported the proposal for reduced daily catch limits. Some individual operators opposed the proposal, particularly those with the Kenora District Camp Owners Association (KDCA). These individual operators have expressed concerns that reduced daily walleye limits would negatively impact their business.

Other stakeholders who supported the changes being made include

Rationale

The economic implications of adopting the amendment to the OFR, 2007 in FMZ 5 are minor to stakeholders, Canadians and Fisheries and Oceans Canada. The reduced daily catch limits for walleye and sauger should have limited impact on the demand for tourism establishments and their services. Since trip possession limits will remain the same, non-residents can still return with the same amount of walleye and sauger after their trip for personal consumption. Tourism establishments would not incur any administrative costs or increased burden as a result of the amendment other than the minor cost of communicating changes in regulation to customers (via website/marketing material updates or verbal communication). There are no perceived incremental economic costs and benefits associated with this regulatory amendment.

Implementation, enforcement and service standards

In January 2018, the MNRF will publish an annual recreational fishing summary to inform the public of fishing rules, and to highlight recent changes to regulations that impact recreational fishing in the Province of Ontario. These amendments will be publicized through this public document, and through local notices in areas where regulatory amendments apply.

The regulatory amendments will be enforced by federal fishery officers and provincial conservation officers through routine compliance monitoring and fisheries management activities.

Contact

Samia Hirani
Senior Policy Advisor
Legislative and Regulatory Affairs
Fisheries and Oceans Canada
Ottawa, Ontario
Email: samia.hirani@dfo-mpo.gc.ca

ANNEX

Note i

Fisheries management Zone 5 includes the areas of the northwest region of Ontario: Fort Frances, Kenora and Dryden. This zone has an area of 44 360 square kilometres and includes 5 000 lakes and thousands of kilometres of streams and rivers. The FMZ 5 is important for recreational, commercial and tourism-based fisheries, which include prominent fisheries for walleye, sauger, lake trout, northern pike, smallmouth bass, black crappie, lake whitefish and muskellunge.

Note ii

Map of the border waters area

Map-Detailed information can be found in the surrounding text.

Note iii

The border waters area is a subset of FMZ 5, which includes: Lake of the Woods (including Cul de Sac and Obabikon Lakes and waters of the Aulneau and Western Peninsulas), Rainy River (from Wheeler Point upstream to the Fort Frances dam), Rainy Lake (including the portion of the Seine River system upstream to the Crilly dam and Rainy River from Rainy Lake to the Fort Frances dam), and the remaining Fort Frances and Dryden District lakes. The following inland lakes are considered to fall entirely within the BWA (green shaded area on the Zone 5 map): Rowan, Katimiagagimak, Dibble, White Otter, Nora, Kanoshay, Pine, Elsie, Guliver, Cloven, Campus, Fish, Adele, Portage, Pyramid, Mack, Saganagons, Amit, Moose Bay, Lower Scotch and four unnamed lakes situated at the following coordinates (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.).

Note iv

Environmental Registry: The Environmental Registry contains “public notices” about environmental matters being proposed by all government ministries covered by the Environmental Bill of Rights. The public notices may contain information about proposed new laws, regulations, policies and programs or about proposals to change or eliminate existing ones.

Each notice tells interested persons

When final decisions are made, interested persons will be told how many and what kind of comments were made, as well as the impact, if any, the comments had on the decision. They will also be told whether and how they can appeal and challenge the decision.

However, the Registry is more than just an electronic filing cabinet.

Most importantly, the Environmental Registry allows interested persons to participate in decisions that affect the environment.

https://www.ebr.gov.on.ca/ERS-WEB-External/content/about.jsp?f0=aboutTheRegistry.info&menuIndex=0_1&language=en