Regulations Amending the Manitoba Fishery Regulations, 1987: SOR/2023-28

Canada Gazette, Part II, Volume 157, Number 5

Registration
SOR/2023-28 February 17, 2023

FISHERIES ACT

P.C. 2023-169 February 16, 2023

Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, makes the annexed Regulations Amending the Manitoba Fishery Regulations, 1987 under subsections 43(1)^{footnote a} and 79.7(5)^{footnote b} of the Fisheries Act ^{footnote c}.

Regulations Amending the Manitoba Fishery Regulations, 1987

Amendments

1 The long title of the Manitoba Fishery Regulations, 1987 ^{footnote 1} is replaced by the following:

Manitoba Fishery Regulations, 1987

2 Section 1 of the Regulations and the heading before it are repealed.

3 (1) The definitions conservation angling licence, dip net, fisherman’s number and high quality management waters in subsection 2(1) of the Regulations are repealed.

(2) The definitions Department, licence, provincial Minister and resident of Manitoba in subsection 2(1) of the Regulations are replaced by the following:

Department

means the Department of Natural Resources and Northern Development of Manitoba; (ministère)

licence

means a fishing licence issued under the Act or the provincial Act; (permis)

provincial Minister

means the Minister of the Government of Manitoba who is responsible for the administration of the provincial Act; (ministre provincial)

resident of Manitoba

means a person whose primary residence is in Manitoba and who has lived in Manitoba for a period of at least 6 consecutive months during the 12 months before the day on which they

• (a) apply for a licence; or
• (b) engage in fishing, if they are authorized to fish without a licence; (résident du Manitoba)

(3) The portion of the definition recreational fishing in subsection 2(1) of the Regulations before paragraph (a) is replaced by the following:

recreational fishing

means fishing by dip netting, cast netting, seine netting, minnow trapping, angling, bow fishing or spearfishing, but does not include

(4) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

angling licence

means a licence that authorizes the holder to engage in recreational fishing; (permis de pêche à la ligne)

cast netting

means fishing by means of a cast net; (pêche à l’épervier)

dip netting

means fishing by means of a dip net; (pêche à l’épuisette)

minnow trapping

means fishing by means of a minnow trap; (pêche au piège à ménés)

provincial Act

means the Fisheries Act (Manitoba), C.C.S.M. c. F90; (loi provinciale)

seine netting

means fishing by means of a seine net; (pêche à la seine)

4 Subsection 5(1) of the Regulations is replaced by the following:

5 (1) No person shall fish unless authorized by a licence or unless fishing without a licence is authorized under the Act or the provincial Act.

5 Paragraph 8(1)(b) of the English version of the Regulations is replaced by the following:

• (b) permit another person to use their licence.

6 (1) Paragraph 9(a) of the English version of the Regulations is replaced by the following:

• (a) carry the licence on their person; and

(2) Section 9 of the Regulations is renumbered as subsection 9(1) and is amended by adding the following:

(2) The holder of an angling licence may comply with subsection (1) by carrying and producing an electronic version of the licence.

7 Section 10 of the Regulations is replaced by the following:

10 Every person to whom a licence, other than an angling licence, has been issued shall

• (a) sign their name in the space provided for that purpose; or
• (b) affix their mark in the space provided for that purpose in the presence of a witness who attests to the affixing of the mark.

11 A licence is not valid if

• (a) it is issued on the basis of false information;
• (b) the correct date of issue is not entered on the licence; or
• (c) in the case of a licence other than an angling licence, the requirements of section 10 have not been met.

8 (1) Subsections 14(1) and (2) of the Regulations are replaced by the following:

14 (1) Except as otherwise permitted under the Act or the provincial Act, no person shall possess fish of a species set out in an item of Schedule XI if the size of the fish does not comply with the size limit, or the amount possessed exceeds the possession quota, set out in that item.

(2) The portion of subsection 14(3) of the Regulations before paragraph (a) is replaced by the following:

(3) Subsection (1) does not apply to

9 Subsection 16(1) of the Regulations is replaced by the following:

16 (1) No person shall possess live fish or live fish eggs unless authorized under the provincial Act or by a Live Fish Handling Permit.

10 Section 16.1 of the Regulations is replaced by the following:

16.1 (1) If a fish is caught by fishing, no person shall handle, transport or dispose of it in a way that will result in the spoilage or waste of the fish.

(2) Subsection (1) does not apply in respect of rough fish caught by a person engaged in commercial fishing.

11 (1) Subsections 19(2) to (6) of the Regulations are replaced by the following:

(2) For the purpose of subsection (1), the close times set out in Schedule X are considered to be fixed separately and individually for each method of recreational fishing and for each species.

(3) No person engaged in recreational fishing shall, on any day, catch and retain fish of a species set out in an item of Schedule XI from the waters set out in that item if the size of the fish does not comply with the size limit, or the amount caught and retained exceeds the daily quota, set out in that item.

(4) No person engaged in recreational fishing shall, on any day, possess fish of a species set out in an item of Schedule XI from the waters set out in that item if the size of the fish does not comply with the size limit, or the amount possessed exceeds the possession quota, set out in that item.

(2) The portion of subsection 19(7) of the Regulations before paragraph (a) is replaced by the following:

(7) A person who is not a resident of Manitoba and is under 16 years of age must, while engaged in recreational fishing,

(3) The portion of paragraph 19(7)(b) of the French version of the Regulations before subparagraph (i) is replaced by the following:

• b) soit accompagnée, selon le cas :

(4) Subparagraph 19(7)(b)(ii) of the Regulations is replaced by the following:

• (ii) a resident of Manitoba who is authorized under the provincial Act to engage in recreational fishing without a licence.

12 Section 28 of the Regulations is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (f) and by adding the following after paragraph (f):

• (g) West Watjask Lake (51°39′ N., 101°27′ W.).

13 Section 30 of the Regulations is replaced by the following:

30 No person shall engage in spearfishing unless they are swimming and using a barbed spear.

14 The heading before section 33 of the Regulations is replaced by the following:

Dip Netting, Cast Netting, Seine Netting and Minnow Trapping

15 Subsection 33(1) of the Regulations is replaced by the following:

33 (1) Subject to subsections (1.1) and (2), no person engaged in recreational fishing shall use a dip net, cast net, seine net or minnow trap to fish for any species of fish except bait fish or common carp.

(1.1) Subject to subsection (2), no person engaged in recreational fishing shall use a dip net, cast net, seine net or minnow trap to fish for any species of fish in

• (a) the Saskatchewan River from the Grand Rapids Generating Station to a point 1 km downstream;
• (b) stocked trout lakes; or
• (c) stocked trout streams.

16 Section 34 of the Regulations is repealed.

17 Section 36 of the Regulations is amended by adding the following after paragraph (a):

• (a.1) a cast net, the area of which is greater than 3 m²;

18 Section 37 of the Regulations is repealed.

19 Section 38 of the Regulations is replaced by the following:

38 (1) A person placing an ice-fishing shelter on any ice-covered waters shall, if the shelter is left unattended, mark the following information clearly on the outside of the shelter in block letters at least 5 cm in height:

• (a) their full name or the customer identification number indicated on their angling licence; and
• (b) their phone number.

(2) Subject to subsection (3), the person shall remove the shelter from the ice-covered waters

• (a) on or before the Sunday that falls between March 9 and March 15, in the case of the waters of the Red River;
• (b) on or before March 15, in the case of the waters of Area B of the Southern Division;
• (c) on or before March 31, in the case of the waters of the Southern Division other than those referred to in paragraphs (a) and (b); or
• (d) on or before April 15, in the case of any waters other than those referred to in paragraphs (a) to (c).

(3) The person shall remove the shelter from the ice-covered waters at the direction of the fishery officer if the officer informs them that ice break-up appears imminent.

20 Section 39 of the Regulations is replaced by the following:

39 No person shall sell, trade or barter or offer to sell, trade or barter any fish taken from any waters of Manitoba other than fish taken under the authority of a licence that authorizes commercial fishing issued under the provincial Act.

21 The portion of items 1 and 3 of the table to section 43 of the Regulations in column IV is replaced by the following:

Item	Column IV Conversion Factor—Filleted
1	2.5
3	2.5

22 Item 3 of Schedule I to the Regulations is replaced by the following:

• 3 Minnows, except common carp, goldfish and carmine shiners

23 Item 7 of Schedule I to the Regulations is replaced by the following:

• 7 Suckers, except bigmouth buffalo

24 Schedule II to the Regulations is repealed.

25 Items 3 and 4 of Schedule IV to the Regulations are replaced by the following:

• 3 Minnows, except common carp
• 4 Suckers, except bigmouth buffalo

26 Item 7.1 of Part I of Schedule V to the Regulations is repealed.

27 Part I of Schedule V to the Regulations is amended by adding the following after item 75:

• 76 West Blue Lake (51°36′N., 100°56′W.)
• 77 Tees Lake (51°33′N., 101°26′W.)
• 78 Elgin Reservoir (49°26′N., 100°14′W.)

28 Part II of Schedule V to the Regulations is amended by adding the following after item 7:

• 7.1Goose River (54°19′N., 101°48′W.), from the water control structure downstream to Goose Lake

29 Item 7 of Schedule VI to the Regulations is repealed.

30 The portion of items 11, 36 and 47 of Schedule VI to the Regulations in column II is replaced by the following:

Item	Column II Scientific Name
11	members of the family Cambaridae
36	Sander canadensis
47	Sander vitreus

31 (1) The heading of column I of the French version of Schedule VI to the Regulations is replaced by “Nom commun”.

(2) Schedule VI to the Regulations is amended by adding the following in numerical order:

Item	Column I Common Name	Column II Scientific Name
2.1	Bigmouth buffalo	Ictiobus cyprinellus
2.2	Black bullhead	Ameiurus melas
3.1	Bluegill	Lepomis macrochirus
5.1	Brown bullhead	Ameiurus nebulosus
6.1	Burbot	Lota lota
10.1	Common carp	Cyprinus carpio (not including members of the subspecies koi)
13.01	Freshwater drum	Aplodinotus grunniens
32.1	Pumpkinseed	Lepomis gibbosus

32 Schedules X to XI.1 to the Regulations are replaced by the Schedules X and XI set out in Schedule 1 to these Regulations.

33 Schedule XII to the Regulations is amended by adding the following after item 32:

• 33 Lac du Bonnet Ponds (50°17′N., 96°01′W.)

34 Schedule XV to the Regulations is replaced by the Schedule XV set out in Schedule 2 to these Regulations.

35 Items 18 to 22.1, 52 and 59 of Schedule XVI to the Regulations are repealed.

36 The portion of items 8 to 10, 14 to 17, 42, 43, 60 and 61 of Schedule XVI to the Regulations in column II is replaced by the following:

Item	Column II Provision of these Regulations
8	16.1(1)
9	16.1(1)
10	16.1(1)
14	19(3)
15	19(3)
16	19(4)
17	19(4)
42	30
43	30
60	38(1)
61	38(2), (3)

37 The portion of item 50 of Schedule XVI to the Regulations in column I is replaced by the following:

Item	Column I Description of Offence
50	Engage in recreational fishing with dip net, cast net, seine net or minnow trap for other than authorized species

38 Schedule XVI to the Regulations is amended by adding the following in numerical order:

Item	Column I Description of Offence	Column II Provision of these Regulations	Column III Fine
51	Engage in recreational fishing by illegal method in specified waters	33(1.1)	$100
55.1	Engage in recreational fishing with oversized cast net	36(a.1)	$100

Coming into Force

39 These Regulations come into force on April 1, 2023, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 1

(Section 32)

SCHEDULE X

(Subsections 19(1) and (2) and 29(1))

Recreational Fishing Close Times

Item	Column I Waters	Column II Species	Column III Prohibited Method	Column IV Close Time
1	The waters of the Northeast Division	Any species	Any	December 31 to January 1
2	The waters of the Northwest Division	(a) Walleye and sauger	Any	May 1 to the third Friday in May
		(b) Lake sturgeon	Any	May 1 to June 30
		(c) Any other species	Any	December 31 to January 1
3	The waters of the North Central Division	(a) Walleye and sauger	Any	May 1 to the third Friday in May
		(b) Lake sturgeon	Any	May 1 to June 30
		(c) Any other species	Any	December 31 to January 1
4	The waters of the Southern Division, other than those referred to in items 5 to 7	(a) Walleye and sauger	Any	The first Monday in April to the second Friday in May
		(b) Lake trout	Any	September 15 to October 31
		(c) Lake sturgeon	Any	May 1 to June 15
		(d) Any other species	Any	December 31 to January 1
5	Red River between St. Andrews Lock and Dam (Lockport) and Lake Winnipeg, including its tributaries to the first impassable barrier	(a) Lake sturgeon	Any	The first Monday in April to June 15
		(b) Any other species	Any	The first Monday in April to the second Friday in May
6	Assiniboine River downstream of the Portage Diversion to Highway 240	(a) Lake sturgeon	Any	The first Monday in April to June 15
		(b) Any other species	Any	The first Monday in April to the second Friday in May
7	Dauphin Lake and its tributaries, excluding the Vermilion Reservoir	Any species	Any	April 1 to the second Friday in May

SCHEDULE XI

(Subsections 14(1) and 19(3) and (4))

Daily Quotas, Possession Quotas and Size Limits

Item	Column I Species	Column II Waters	Column III Daily Quota	Column IV Possession Quota	Column V Size Limit
1	Arctic char	In any Division	8	8	Any size
2	Arctic grayling	In any Division	3	3	None longer than 40 cm
3	Bigmouth buffalo	In any Division	0	0	Any size
4	Black crappie	In any Division	6	6	None longer than 35 cm
5	Bluegill and pumpkinseed, in the aggregate	In any Division	10	10	Any size
6	Brook trout	In any Division	1	1	None longer than 45 cm
7	Brown bullhead and black bullhead, in the aggregate	In any Division	25	25	Any size
8	Burbot	In any Division	6	6	None longer than 70 cm
9	Channel catfish	In any Division	4	4	None longer than 60 cm
10	Freshwater drum	In any Division	10	10	None longer than 60 cm
11	Freshwater mussels	In any Division	25	25	Any size
12	Goldeye and mooneye, in the aggregate	In any Division	10	10	Any size
13	Lake sturgeon	In any Division	0	0	Any size
14	Lake trout	In any Division	1	1	None longer than 65 cm
15	Lake whitefish	In any Division	10	10	Any size
16	Largemouth bass	In any Division	0	0	Any size
17	Muskellunge	In any Division	0	0	Any size
18	Northern pike	In any Division	4	4	None longer than 75 cm
19	Rock bass	In any Division	6	6	Any size
20	Smallmouth bass	In any Division	4	4	None longer than 45 cm
21	Stocked trout (brook, brown, cutthroat, rainbow, splake, arctic char), in the aggregate	In any Division	3	3	Only 1 longer than 45 cm and none longer than 60 cm
22	Walleye and sauger, in the aggregate	In any Division	4	4	None longer than 55 cm
23	White bass	In any Division	10	10	Any size
24	Yellow perch	In any Division	25	25	Any size
25	Any other species	In any Division	Any number	Any number	Any size

SCHEDULE 2

(Section 34)

SCHEDULE XV

(Sections 40 and 41, subsection 42(1), section 43 and subsection 45(1))

Annual Commercial Fishing Quotas and Close Times

Item	Column I Waters	Column II Species	Column III Annual Quota	Column IV Close Time
1	Lake Winnipeg	(a) Walleye, sauger and lake whitefish, in the aggregate	6 100 000 kg	April 1 to May 31
		(b) Any other species, except lake sturgeon	Unlimited	April 1 to May 31
2	Cedar Lake	(a) Walleye, sauger, lake whitefish and goldeye, in the aggregate	496 000 kg	May 1 to May 31
		(b) Any other species, except lake sturgeon	Unlimited	May 1 to May 31
3	Lake Manitoba	(a) Walleye and sauger, in the aggregate	907 200 kg	April 1 to May 31
		(b) Any other species, except lake sturgeon	Unlimited	April 1 to May 31
4	Lake Winnipegosis	(a) Walleye	270 000 kg	November 1 to May 31
		(b) Any other species, except lake sturgeon	Unlimited	April 1 to May 31
5	All other bodies of water	(a) Walleye and sauger, in the aggregate	2 000 000 kg	May 1 to May 31
		(b) Northern pike	2 000 000 kg	April 1 to May 31
		(c) Lake whitefish	2 000 000 kg	April 1 to May 31
		(d) Any other species, except lake sturgeon	Unlimited	April 1 to May 31

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

Manitoba’s provincial government recently concluded a review of its angling regulations, which fall under both provincial and federal legislation, and published Manitoba’s Recreational Angling Strategy (the Strategy). The Strategy outlined a suite of planned changes to modernize recreational fishing in the province, including measures aimed at increasing angling opportunities, and measures intended to protect fish stocks and support the long-term sustainability of the recreational fishing industry in Manitoba. To implement some of the province’s planned changes to its fisheries, amendments to the federal Manitoba Fishery Regulations, 1987 (MBFR) are necessary. Manitoba’s minister responsible for fisheries^{footnote 2} has written to the federal Minister of Fisheries and Oceans asking for these changes following thorough consultations by the province.

Background

The Government of Manitoba is responsible for managing the inland freshwater fisheries in that province for recreational and commercial fishing purposes. In line with this, responsibility for administering and enforcing the federal MBFR has been delegated to the Manitoba government by agreement with the federal government. Even though the Manitoba government administers and enforces the MBFR, the MBFR remain federal regulations under the federal Fisheries Act, and consequently all amendments to the MBFR must be made by the Governor in Council (GiC). The Minister of Fisheries and Oceans recommends to the GiC, at the request of Manitoba’s minister responsible for fisheries, that amendments to the MBFR be made.

The MBFR set out many key elements for the management of recreational fishing in Manitoba. This includes species-specific daily quotas, possession quotas, size restrictions and close times. Daily quotas are the maximum number of fish of a species that a person can catch and retain in a given day. Possession quotas are the maximum number of fish of a species that a person may possess at any given time. This includes fish that they may have with them from being caught that day, as well as fish that they may have at home in the freezer, for example. Size restrictions define which sized fish an angler is allowed to keep or must release back into the water. Close times refer to the times of the year when fishing is prohibited. This may apply to certain species or to all species in a waterbody or defined area. For recreational fishing, schedules X and XI of the MBFR include the default, or baseline, close times, daily quotas, possession quotas, and size restrictions for different fish species and waterbodies.

Variation orders represent an important fisheries management tool that allows regulatory authorities to quickly adjust or vary certain elements set out in the regulations as needed to respond to changing conditions in a fishery. The MBFR authorize the provincial Minister and the Director of the Fisheries Branch of the provincial government to vary close times, fishing quotas and size limits through variation orders. For recreational fishing, this can be done independently for each species, waterbody and method of fishing. While schedules X and XI set out the baseline province-wide close times, daily quotas, possession quotas and size limits, the province of Manitoba issues a variation order each year to modify these for certain waters. The goal of these variances can be to protect vulnerable fish populations in certain waterbodies, or create unique angling experiences in others. For example, if the walleye population in a particular lake is struggling, quotas and size limits could be tightened to require more large fish to be returned to the water to hopefully reproduce (spawn) and help the population rebound. A longer close time could also be imposed. If the smallmouth bass population is abundant in another lake, the province may decide to change the size limit for that lake to allow the retention of larger trophy-sized bass.

The province of Manitoba publishes an annual Anglers’ Guide to help anglers follow the applicable regulations and variation orders. Among other things, the Anglers’ Guide presents the general fishing rules and restrictions for the province, and lists the individual waterbodies where special regulations apply for each fishing division. Thus anglers can quickly check the Anglers’ Guide before fishing on a waterbody to verify the rules and restrictions applicable to that waterbody.

Manitoba’s Recreational Angling Strategy

Recreational angling draws hundreds of thousands of Manitobans and visitors to lakes, rivers and ponds to enjoy the diverse and vibrant fishing opportunities that Manitoba has to offer. According to Manitoba’s Recreational Angling Strategy (2021),^{footnote 3} angling in the province generates approximately $600 million in annual economic benefits, and participation in angling is increasing in the province. In response to the growing demand, and in keeping with its responsibility to sustainably manage its fisheries, the Government of Manitoba recently conducted a review of recreational angling in the province. As part of the review, the province considered potential measures to enhance the protection of fish populations and ensure their long-term sustainability, as well as ways to enhance fishing opportunities and experiences, and ways to simplify regulations and remove unnecessary regulatory restrictions. In May 2021, the province published Manitoba’s Recreational Angling Strategy outlining its proposed changes to the management and regulation of recreational angling in the province for public engagement. The changes balance the desire to enhance recreational angling opportunities in the province with the need to protect valuable fish populations. Some of the changes discussed in the Strategy require amendments to the MBFR to implement. Others require modifications to provincial regulations, which Manitoba is separately pursuing, or to both the MBFR and provincial regulations, to fully implement.

Manitoba’s recreational angling licences

For several years, Manitoba has offered two tiers of annual recreational angling licences: a regular licence and a conservation licence. The conservation licence entitled the holder to the same rights as a regular licence holder, except for reduced daily and possession quotas for some species. As outlined in the Strategy, the province is moving to offering only one annual recreational angling licence (for each residency type), and is moving away from the current two-tier licence system of regular and conservation licences. Manitoba is currently updating its provincial regulations (i.e. the Fishing Licensing Regulation and the Fishing Licence Fee Regulation) to implement this and other planned fishing licensing changes (e.g. addition of a single day licence option). However, the MBFR need to concurrently be updated to remove reference to the soon-to-be-obsolete conservation licence, which is mentioned in the context of the quotas set out in Schedule XI.

Objective

The primary objective of this regulatory initiative is to amend the MBFR in order to allow the Government of Manitoba to implement its Recreational Angling Strategy. The Strategy describes planned changes to recreational licensing, to rules related to ice fishing safety, and to seasons, quotas and size limits intended to enhance fishing opportunities while providing better protection to valuable fish stocks. Some of these necessitate changes to the MBFR before they can be implemented.

Secondary objectives include

• updating the MBFR to align with current provincial fishery management practices, such as what is specified in provincially issued variation orders and communicated in the annual Anglers’ Guide;
• updating the schedule of the MBFR that gives quota limits for commercial fishing to better align with recent Harvest Schedules and Commercial Fishing Season Variances (i.e. the variation orders to vary Schedule XV of the MBFR); and
• making administrative changes, such as updating out-of-date references and converting to gender-neutral wording.

Description

The changes made to the MBFR have been divided into three categories and are described below. They will come into force on April 1, 2023.

Changes related to recreational fishing

• Changing the definition of “resident of Manitoba” to align with other provincial regulations, such as for hunting, and the planned change to Manitoba’s Fishing Licensing Regulation. Instead of having to live in Manitoba consecutively for the 6 months before beginning to fish, one just has to live in the province for at least 6 consecutive months in the past 12 months and have their primary residence in the province. This change is intended to ease the process for a person to purchase both an angling and hunting licence online. In the context of the MBFR, this definition is used in MBFR provisions related to children under the age of 16.
• Giving recreational angling licence holders the option to carry their licence electronically or as a printed copy. Anglers are currently required to carry their printed licence on them.
• No longer requiring recreational angling licence holders to sign their licence.
• Updating daily quotas and possession quotas for recreational fishing (Schedule XI) to have only one limit for all licence types and residencies for each fish species. Part II of the schedule has been eliminated, as Manitoba no longer offers a conservation licence. For all species, the daily quota and possession quota are the same; for simplicity, they will collectively be referred to as “the limit” in the remainder of this paragraph. The changes to the limits highlighted below represent the new limit compared to what was previously in the MBFR for holders of a regular licence. As noted in the “Background” section, these are the default or baseline limits. Manitoba will continue to vary these baseline limits through the use of variation orders in specific waters to protect vulnerable fish populations or create unique angling experiences.
  • Reducing the limit for lake trout from 2 to 1. Note that this was already varied to 1 in many waters.
  • Reducing the limit for lake whitefish from 25 to 10.
  • Reducing the limit for northern pike from 6 to 4. Note that this was already varied to 4 in some waters.
  • Reducing the limit for walleye and sauger from 6 to 4. Note that this was already varied to 4 or less in many waters.
  • Reducing the limit for white bass from 25 to 10.
  • Adding burbot to the table with a limit of 6 burbot. Previously, there was no limit for this species in the MBFR. Recent variation orders similarly did not define daily and possession quotas for burbot.
  • Adding bluegill and pumpkinseed to the table with a limit of 10, in the aggregate. Previously, there were no limits for these species in the MBFR, nor in recent variation orders.
  • Adding bigmouth buffalo to the table with a limit of zero.
  • Adding brown bullhead and black bullhead to the table with a limit of 25 in the aggregate. This is consistent with what has been set out in recent variation orders for all waters in Manitoba.
  • Adding freshwater drum to the table with a limit of 10. This is consistent with what has been set out in recent variation orders for all waters in Manitoba.
    • Reducing daily quotas and possession limits for certain high value recreational fish is intended to help conserve these species and help ensure the long-term sustainability of recreational fishing in the province. Anglers can still catch and release fish for these species once their daily quota and possession limit are met.
• Updating size limits for recreational fishing (Schedule XI). Previously, the size limits in the MBFR were the same for both the regular annual angling licence (former Part I) and the conservation annual angling licence (former Part II). The changes to the default, or baseline, size limits relative to what was previously in the MBFR for an annual licence holder are highlighted below. Manitoba will continue to vary these baseline size limits in specific waters to protect vulnerable fish populations or create unique angling experiences.
  • Adding a size limit for black crappie, such that none longer than 35 cm may be kept (meaning any crappie longer than 35 cm that is caught must be returned to the water). Previously, there was no size limit for this species.
  • Adding burbot to the table with a size limit such that none longer than 70 cm may be kept. Previously, there was no size limit for this species.
  • Adding freshwater drum to the table with a size limit that none longer than 60 cm may be kept. Previously, there was no size limit in the MBFR for this species, but recent annual variation orders imposed a none longer than 60 cm limit.
  • Changing the size limit for arctic grayling from only one longer than 40 cm may be kept to none longer than 40 cm may be kept.
  • Changing the size limit for smallmouth bass from only one longer than 40 cm may be kept to none longer than 45 cm may be kept.
  • Changing the size limit for stocked trout to add that none longer than 60 cm may be kept (while retaining the size restriction that only 1 longer than 45 cm may be kept).
  • Eliminating the option to keep one walleye or sauger over 55 cm in length. Now none longer than 55 cm may be kept.
    • Adding new size limits does not prevent people from fishing for trophy fish and documenting their accomplishment with a picture. It simply means they have to return the fish to the water, which could actually increase the likelihood of catching a trophy fish over time.
• Updating close times for recreational fishing (Schedule X). Historically, all species have been closed to fishing for at least a few weeks out of the year, generally in the spring, in all waters except stocked waters and many waterbodies in the Northeast Division. The baseline/default close times are set out in Schedule X of the MBFR for the four fishing divisions of the province (not species specific). Annual variation orders then set out the tailored close times for each species in different waters, or for each waterbody, throughout the province. Manitoba is moving to enable year-round recreational fishing for most fish species. There will be a few exceptions to this specified in the MBFR. In particular, portions of the Red River and its tributaries, the Assiniboine River, and Dauphin Lake and its tributaries, will be closed to all angling from early April to mid May to protect spawning fish. In the Northwest Division, North Central Division and Southern Division, close times are being specified in the MBFR for walleye, sauger and lake sturgeon. In the Southern Division, a close time is additionally specified for lake trout. To summarize, the baseline/default close times set out in Schedule X mean the following:
  • Walleye, sauger, and lake sturgeon will continue to be closed to fishing for a few weeks in late spring during spawning in the Northwest, North Central, and Southern Divisions. In the Northeast Division, these species will be open to year-round fishing.
  • In the Southern Division, lake trout will continue to be closed to fishing for a few weeks out of the year, during spawning in early fall. In all other divisions, lake trout will be open to year-round fishing.
  • All other species will be open year-round^{footnote 4} to fishing, except in portions of the Red River and its tributaries, the Assiniboine River, and Dauphin Lake and its tributaries, which will be closed to all angling from the first Monday in April (or April 1 in the case of Dauphin Lake and its tributaries) to and including the second Friday in May, to protect spawning fish.
    • Anglers must not target walleye, sauger, lake trout and lake sturgeon during their closed seasons. Anglers must immediately release any individuals of these species incidentally caught during the closed season. Manitoba may continue to vary these baseline/default close times in specific waters to protect vulnerable fish populations or create unique angling experiences.
• Repealing subsection 19(6) and Schedule XI.I, which set out annual quotas and size limits for walleye in certain waters. Specifically, this has limited anglers to catching and retaining no more than one walleye greater than 70 cm in length per year from two described waterbodies. It is difficult to enforce annual limits for recreational anglers as it is difficult for officers to know how many walleye an angler has already caught that year. Eliminating this will simplify the rules for anglers about what walleye can be kept. The updated daily quotas, possession quotas and size limits set out in schedules X and XI are expected to achieve the desired conservation outcome for walleye, without the need for an annual quota.
• Updating the list of waters stocked with trout (Schedule V) to add West Blue Lake, Tees Lake, Elgin Reservoir and the Goose River. As a result, the prohibition in section 15 of the MBFR against possessing live bait fish in the area will apply. Fishing with artificial bait will still be allowed, as well as fishing with live nightcrawlers and frogs. Also, as a result, the prohibition in the MBFR (now part of section 33) against fishing by dip netting, cast netting, seine netting and minnow trapping (i.e. non-angling methods of fishing) in stocked trout waters will apply to these waterbodies.
• Updating the list of waters stocked with trout (Schedule V) to remove Beaver Lake, as this lake is no longer being stocked. This will remove the prohibitions on live bait fish (section 15) and fishing using non-angling methods (now part of section 33) for Beaver Lake.
• Adding West Watjask Lake to the list of lakes where the use of natural bait is prohibited (section 28). Manitoba has started stocking this lake with Muskellunge and wants to protect their investment from the risks associated with live bait use (e.g. introduction of aquatic invasive species, fish diseases and deep hooking). As specified in the 2022 Anglers’ Guide, fishing is already restricted to artificial lures and flies on this lake (pursuant to subsection 29(1) of the MBFR); consequently, this change to the MBFR has no added effect and aligns with current provincial fisheries management practices.
• Adding Lac du Bonnet Ponds to the waters where the use of boats propelled by means other than human or electric power is prohibited for recreational fishing. This change was requested by locals, and the website of Lac du Bonnet Wildlife Association, which has a vested interest in these small man-made stocked ponds, already advertises that boating is restricted to electric motors. This change to the MBFR would not prohibit the use of gas motors while participating in other activities such as water-skiing (if permitted by other applicable authorities).
• Updating the list of fish species that can be caught using a dip net and the list of fish species that can be caught using a seine net or minnow trap. These non-angling methods of fishing are mainly used to catch fish to be used as bait. The two lists now match to simplify the regulations. The updated list is composed of baitfish (species defined in Schedule I) and common carp, an invasive species in the province. In effect, this means individuals may no longer catch burbot and catfish with a dip net, seine net or minnow trap, and that they may no longer catch lake whitefish with a dip net. However, they can now catch common carp with a seine net and minnow trap (which the annual Anglers’ Guide already advised was permissible), in addition to with a dip net (already allowed in the MBFR). Removing burbot and lake whitefish from these lists is consistent with the Strategy objective to enhance the protection of these species, not only by implementing stricter possession limits but also by prohibiting them to be taken by non-angling methods of fishing.
• Adding fishing by cast net up to 3 m² as an allowable means to catch baitfish and common carp (i.e. same species as can be caught using a dip net, seine net or minnow trap). Recent annual Anglers’ Guides already advised fishers that cast netting is allowed, so this amendment is to align the MBFR with current provincial fisheries management practices.
• Updating the list of baitfish species to exclude carmine shiner (a minnow species) and bigmouth buffalo (a sucker fish species), which are both species at risk. The 2022 annual Anglers’ Guide already advised that carmine shiner and bigmouth buffalo may not be used as bait.
• Removing the requirement to identify one’s personal address on an ice fishing shelter. Instead, a phone number must be given. Also, providing a person the option to mark their ice fishing shelter with either their Customer Identification Number (found on an angling licence) or their name. Currently they must put their name on the shelter. In addition, the regulatory requirement to mark ice fishing shelters with the aforementioned identifying information (i.e. phone number plus name or Customer Identification Number) has been changed to specify that only shelters being left unattended on the ice must display this identifying information. This means identification information is not required to be displayed on temporary day-use fishing shelters if they are not being left unattended on the ice.
• Requiring earlier removal of ice fishing shelters in certain parts of southern Manitoba, to account for earlier spring ice breakup (changed from March 31 to March 15). If ice conditions are favourable to ice fishing past this date, anglers can continue to fish without a permanent ice fishing shelter. Temporary ice fishing shelters, such as the pop-up tent style shelters, that can be set up and removed the same day are still permissible. The intent is to improve safety by having shelter removal activities occur before ice conditions deteriorate.
• Modifying the prohibition on the spoilage and wasting of fish such that no person recreationally fishing shall handle, transport or dispose of any caught fish in a way that will result in the spoilage or waste of the fish. Previously, there was an exemption for rough fish. There is no need to allow rough fish to be wasted; the fisher can simply return the fish to the water if they do not intend to consume it or otherwise use it. This is a fairly insignificant change since the majority of anglers are responsible, respectful and conservation-minded and already do not spoil or waste fish. Additionally, recent annual Anglers’ Guides already advised recreational anglers that caught fish must not be allowed to spoil, and did not mention an exception for rough fish. Commercial fish harvesters will still have the exemption for rough fish.

Changes related to commercial fishing

• Adding a conversion factor for filleted lake trout (2.5) and filleted northern pike (2.5) to the table in section 43. Annual commercial quotas are specified as a total weight that can be caught per species. This pertains to whole fish. When fish are processed, such as by filleting, the weight of the harvested filleted fish is multiplied by the conversion factor to derive the equivalent whole fish weight, that is, the weight that counts against the quota. This is an inconsequential change as the industry is already using these conversion factors in accordance with the annual Commercial Fishing Guide.
• Updating the annual commercial fishing quotas and close times (Schedule XV) to better align with current provincial fisheries management practices, and what is defined in recent annual Commercial Harvest Schedules and Commercial Fishing Season Variances (i.e. the variation orders to vary Schedule XV of the MBFR). Manitoba will continue to issue annual Commercial Harvest Schedules and Commercial Fishing Season Variances, which contain more detail than Schedule XV. However, the new version of Schedule XV is much closer to recent Harvest Schedules than the version previously in the MBFR.

Administrative changes

• Adding definitions for seine netting, dip netting, and minnow trapping, terms already used in the MBFR. The definitions match what is in Manitoba’s Fishing Licensing Regulation, and are fairly intuitive. For example, seine netting is fishing with a seine net.
• Updating the name of the provincial department, title of the responsible provincial minister, etc.
• Updating provisions to be gender-neutral.
• Removing reference to the Freshwater Fish Marketing Act. Manitoba withdrew from the federal Freshwater Fish Marketing Act a number of years ago and developed its own fish marketing act.
• Updating the scientific (Latin) names for a few fish species in Schedule VI to reflect current taxonomy.
• Deleting reference to high quality management waters. High Quality Management (HQM) waters are no longer required as proposed province-wide limits and size restrictions align with current HQM regulations.
• Updating the MBFR provision that allows a youth under the age of 16 who is not a resident of Manitoba to recreationally fish without a licence if they are accompanied by a person who is authorized to recreationally fish in Manitoba. Manitoba is revising its provincial fish licensing regulations to exempt Manitoba seniors, veterans and active service members from needing an angling licence to recreationally fish in the province. The wording of MBFR paragraph 19(7)(b) is being updated accordingly to ensure Manitoba seniors, veterans and active service members can continue to take non-resident youths fishing, without the youth requiring an angling licence.
• Updating the designated offences and prescribed fines (Schedule XVI) to reflect changes to the substantive provisions of the MBFR. For example, the Description of Offence for item 50 was updated to reflect the new wording of subsection 33(1). This is so the short form description written on a ticket for contravening subsection 33(1) of the MBFR aligns with the updated text of this section.
• Updating the wording of certain sections for clarity or to better align with current drafting convention, while not changing the intention. For example, the footnote to Schedule X was moved to the body of the regulations (new subsection 19(2)), and the table formerly in section 37 was repealed and the content added (not as a table) to the revised section 33.

Regulatory development

Consultation

Consultation on Manitoba’s Recreational Angling Strategy

The majority of the changes related to recreational fishing were consulted on through Manitoba’s consultations on its Recreational Angling Strategy. This included the MBFR changes to the definition of a resident, rules related to electronic licences and signing license, daily and possession quotas, size restrictions and close times, and rules related to ice fishing shelters.

The Manitoba government released the Strategy for public engagement through its online platform, EngageMB, from May 25, 2021, to June 30, 2021. Through EngageMB, the public was invited to provide feedback in up to three different ways:

• (i) an online guestbook where comments were posted publicly;
• (ii) written feedback submitted privately to the Manitoba government; or
• (iii) an online survey with two questions (survey respondents could also provide a short written submission explaining their overall support for the Strategy).

During that same consultation period, the province held numerous meetings and events with stakeholders and the public to solicit feedback on the Strategy. This included 15 virtual meetings with various stakeholder organizations including

• provincial fish and game groups, such as the Manitoba Wildlife Federation which represents over 10 000 anglers;
• the Filipino Anglers Association of Manitoba;
• Manitoba Lodges and Outfitters Association;
• Manitoba Fly Fishers Association;
• Fish Futures Inc.;
• Travel Manitoba, which represents Manitoba’s tourism industry;
• competitive fishing event organizers, which represent fishing tournaments and derbies throughout the province; and
• the live bait industry (primarily to discuss proposed changes to live bait harvest and use).

Manitoba government officials also participated in three podcasts to discuss and answer questions on the Strategy, reaching over 2 000 anglers. The Strategy was posted on various social media platforms reaching numerous anglers. Manitoba additionally mailed letters to 70 Indigenous communities and organizations informing them of the proposed angling changes outlined in the Strategy (see following section on Indigenous engagement). Finally, information on the Strategy and the opportunity to provide feedback was advertised in Manitoba’s 2021 Anglers’ Guide, which was expected to reach over 100 000 recreational anglers in the province.

A tremendous amount of feedback was received during the consultation period, through both the online platform EngageMB and other stakeholder and public engagement activities. Manitoba received 1 100 survey responses and 1 443 contributions on EngageMB, including 1 170 written responses from the public.

It is important to note that the Strategy covered proposed changes to recreational fishing beyond the present package of MBFR changes. Thus, not all of the feedback received was relevant to this package. For example, much of the feedback related to Manitoba’s proposed plan to ban the use of live bait throughout the province. As a result of the feedback received, Manitoba has postponed this change while it undertakes further analysis and consultation. Other proposed changes described in the Strategy did not require an amendment to the MBFR to implement.

Overall, feedback from the entire engagement process was supportive. A summary of the results from the engagement process was published on November 1, 2021, in Manitoba’s What We Heard (PDF) report. The What We Heard report also summarizes Manitoba’s modifications to the originally proposed changes in response to the feedback received during consultation.

Regarding the proposed changes to remove the requirement to sign one’s angling licence and permitting anglers to carry either an electronic or paper copy, stakeholders widely supported the proposed changes. Only approximately 2% of online survey respondents made comments in opposition.

Regarding the proposed changes to quotas, size limits and close times:

• The majority of stakeholders supported the proposed changes to angling seasons, quotas, and size restrictions.
• Almost all stakeholders supported the opportunity to fish for some species year-round.
• Many stakeholder organizations, such as Fish Futures Inc., Manitoba Lodges and Outfitters Association, Manitoba Wildlife Federation, and some online survey respondents (particularly from the Northern Divisions) asked for further protection of certain species, with respect to new size restrictions to protect large fish. Additionally, respondents expressed the desire to have no retention of large walleye to protect large spawning females. In consideration of the feedback received, modifications were made to enhance the protection of large walleye, northern pike and smallmouth bass through stricter size limits than originally proposed, and to add possession and size limits for burbot, white bass and bigmouth buffalo.
• Some stakeholders raised concerns about how the proposed size restrictions requiring more large fish to be returned to the water would impact competitive fishing events and the taxidermy industry. The Government of Manitoba has committed to work with the stakeholders associated with competitive fishing events to help transition their operations under the new regulations.
• Some online survey respondents (<8%) expressed concerns about the proposed changes, including related to how they would be enforced (same way as they are now) and how the proposed changes impact incidental bycatch of non-targeted species, such as walleye, during spawning (existing rules remain in place prohibiting anglers from targeting species during their close time and requiring any accidentally caught fish to be released back into the water in the least harmful manner).
• The Manitoba Lodges and Outfitters Association and some online survey respondents (<12%) expressed concerns with the closure dates of the walleye/sauger fishing season, that they would not be able to target walleye for one additional week each spring. In consideration of this feedback, Manitoba shortened the default walleye close time by one week in the Southern Division from what was originally proposed in the Strategy.
• The Manitoba Lodges and Outfitters Association and some online survey respondents (<5%) expressed concerns related to the closure of the Red River to all angling for one week longer than the current closure. The close time set out in the proposal was modified by one week to address this concern.
• Some recreational anglers expressed a desire to see commercial quotas similarly reduced. As mentioned in the Strategy, the province of Manitoba intends to increase the collection of fisheries data on high-use recreational angling lakes and commercially fished lakes to monitor fish populations. This will inform future adjustments to quotas, if necessary.

Regarding the proposed changes to ice fishing shelter identification and removal, stakeholders widely supported the proposed changes. Only approximately 1% of online survey respondents made comments in opposition.

Consultation on recreational fishing changes not highlighted in the Strategy

Notice was given to stakeholders in the 2021 and 2022 Anglers’ Guides of the intention to

• add West Blue Lake, Tees Lake, Elgin Reservoir and the Goose River to the list of stocked trout waters;
• remove Beaver Lake from the list of stocked trout waters; and
• add Lac du Bonnet Ponds to the list of waters where only human- and electric-powered boats may be used for recreational fishing.

The feedback received was supportive. Written submissions were received from organizations and fish and game groups, including Manitoba Lodges and Outfitters Association, Fish and Lake Improvement for the Parkland Region, Lac du Bonnet Wildlife Association, and Swan Valley Sport Fish Enhancement. Support was also provided verbally from members of the public.

No consultation was undertaken for the proposed MBFR changes related to allowing cast netting, removing carmine shiner and bigmouth buffalo from the list of bait fish species, and modifying the prohibition on the spoilage of caught fish, as these changes align the MBFR with current provincial fisheries management practices, and what is communicated in the annual Anglers’ Guide.

Consultation on commercial fishing–related changes

No consultation was undertaken for the two commercial fishing–related changes to the MBFR (conversion factor and quota schedule) as the changes are to align the MBFR with current provincial fisheries management practices that have been implemented through the provinces’ variation orders and licence conditions powers.

The changes to the MBFR were exempt from the federal process of prepublishing proposed regulations in the Canada Gazette, Part I. This was in recognition of the fact that the changes affect the management of fisheries under the authority of the province of Manitoba. In addition, meaningful consultation on the substantive changes of this regulatory package occurred through the engagement on the Strategy. Stakeholders were able to give feedback on the proposal through established provincial channels, and the province considered this feedback when deciding on the final desired regulatory changes.

Modern treaty obligations and Indigenous engagement and consultation

The MBFR changes related to recreational fishing are not expected to impact Indigenous persons as the recreational fishing provisions of the MBFR do not apply to Indigenous rights-based Food, Social and Ceremonial (FSC) fishing protected under section 35 of the Constitution.

The Manitoba government mailed letters to 70 Indigenous communities and organizations in the province to inform them of the proposed changes to recreational fishing rules outlined in the Strategy, and to invite comments on the Strategy. Only one Indigenous organization submitted a written response to the proposed changes. The organization recognized that the proposed regulatory amendments did not apply to Indigenous fishers exercising their right to subsistence fishing. The organization expressed concern that the proposed amendments would impact their food supply but did not recommend any changes to the proposed amendments. The Manitoba government’s opinion is that the changes add enhanced protection measures for fish species (e.g. reduced possession limits and more restrictive size limits for certain higher value species) and will not negatively impact food supply. If Manitoba’s enhanced fisheries monitoring reveals fish populations that are struggling, the province can respond by adjusting quotas, size restrictions and close times through variation orders as necessary.

The MBFR changes related to commercial fishing are not anticipated to have a negative impact on commercial fisheries, as they serve to align the MBFR with current fisheries management practices.

An assessment of modern treaty implications was conducted. The assessment concluded that implementation of this proposal would not have an impact on the rights, interests, and/or self-government provisions of Modern Treaty Partners.

Instrument choice

While most of the fisheries management changes this amendment to the MBFR achieves have been, or could be, implemented through variation orders and conditions of licence, the province is taking this opportunity to update the MBFR for improved transparency and certainty.

Regulatory analysis

Benefits and costs

As noted previously, the MBFR authorize the provincial Minister and the Director of the Fisheries Branch of the provincial government to vary close times, fishing quotas and size limits set out in the MBFR for individual waterbodies, species of fish and fishing methods. The Government of Manitoba issues variation orders each year to adjust these fisheries management measures as necessary, for both recreational and commercial fishing. The baseline scenario for this analysis is the situation with variation orders in effect.

As noted in the “Description” section, many of the changes to the MBFR have already been implemented through other means, such as variation orders and notice in the Anglers’ Guide, and they align with current fisheries management practices. These changes should therefore have no incremental impacts (benefits or costs).

Benefits

Reducing daily quotas and possession limits, and tightening size restrictions to require more large fish to be returned to the water, benefit the environment by enhancing the protection of fish populations. They also benefit recreational anglers over the long-term by helping ensure the sustainability of recreational fishing in the province, and by increasing the chances of catching (for release) a large, trophy-sized fish.

The changes to close times benefit the recreational fishing industry by allowing fishing to occur year-round in most waterbodies. The exception to this being in portions of the Red River and its tributaries, the Assiniboine River, and Dauphin Lake and its tributaries, which will be closed to all angling from early April to mid May each year to protect spawning fish. In other waterbodies, angling may now occur year-round, but walleye, sauger, lake trout, and lake sturgeon may not be targeted or kept during their species-specific close times. Previously, most waterbodies were closed to all angling for a few weeks each spring (generally in April and/or May). This change (year-round fishing opportunities in most waterbodies) supports fishing lodges, local tackle shops, and angling outfitters with more business during these spring weeks. In the Northeast Division most waterbodies were already open year-round by variation order so no positive impact is expected in that region of the province.

Adding four new waterbodies to the list of waterbodies that are stocked with trout helps protect the waterbodies, as well as the province’s investment in rearing trout for stocking, from the risks associated with the use of live bait fish (e.g. introduction of aquatic invasive species, fish disease and deep hooking). This protection supports recreational trout fishing opportunities on these waterbodies. Recreational fishers also benefit from the concurrent removal of Beaver Lake from the stocked waterbodies list, as the prohibitions in the MBFR on non-angling methods of fishing and live bait fish will no longer apply to Beaver Lake, which gives fishers more options for how they choose to fish on Beaver Lake. Overall, the magnitude of the benefit is expected to be negligible.

The changes related to no longer requiring recreational fishers to sign their licence, allowing the option to carry a recreational licence electronically, and the definition of a resident will benefit recreational fishers by removing an unnecessary regulatory requirement, increasing flexibility, and harmonizing definitions between fishing and hunting regulations, respectively.

Costs

The costs resulting from the proposed amendments to the MBFR are anticipated to be negligible, with no negative socio-economic, ecological, departmental, or Indigenous impacts anticipated.

In general, the changes to quotas, size limits and close times are expected to impose negligible costs on recreational fishers and the recreational fishing industry. Given that the Manitoba government has varied, and will continue to vary, these fisheries management limits set out in the MBFR, the recreational fishing industry is accustomed to adapting to such changes with minimal impacts.

Some recreational anglers who regularly fish and retain the maximum quota limits will be impacted, but this is a small minority of recreational anglers. According to the 2015 survey of recreational fishing in Canada, recreational anglers in Manitoba keep on average few fish relative to the quota limit. For example, in 2015 the highest number of fish kept per angler per year was 9.1 for walleye, which is negligible compared to its new quota limit of 4 fish per day. The new quota limits for most of the species identified in Schedule XI are at least one fish per day per angler. In contrast, the number of fish kept per angler per year ranges between less than one fish to a maximum of 9.1 fish depending on species.

Increasing the size limit specifications will have some negative impacts on the taxidermy industry. However, if this measure is not taken, over the long term there could be fewer large fish worthy of taxidermy services available to catch as populations decline. The changes will not eliminate a taxidermist’s ability to earn income through producing fish trophies. Large fish smaller than the size limit can still be skin mounted. Moreover, the majority of taxidermists can now produce replica fish mounts based on photos and measurements of released fish, at a similar cost to clients.

The new size limits will also affect competitive fishing events where prizes are awarded for the largest caught fish. Traditional weigh-in tournaments, based on catch-and-retain fishing, will have to adapt their method of verifying the size of caught fish. However, many fishing tournaments worldwide have already switched to catch-and-release models, for instance requiring participants to take a photo of the fish next to an approved measuring device to document its size. The Manitoba government has committed to working with the stakeholders associated with the competitive fishing events to help transition their operations under the new regulations. Discussions are still ongoing with the industry, but this support may include the Manitoba government purchasing or defraying the cost of equipment or software to assist industry participants in transitioning from traditional weigh-in tournaments to a Catch-Photo-Release format. The total cost to the Manitoba government is not expected to exceed $50,000.

The changes to the lists of fish species that may be caught using non-angling methods of fishing (i.e. dip net, seine net and minnow trap) impact recreational fishers who use these methods to catch fish. However, the magnitude of the impact will be small as few use these methods. No longer allowing lake whitefish and burbot to be caught by non-angling methods is consistent with the objective of the Strategy to enhance the protection of these fish species, which are subject to strict possession limits. The Government of Manitoba is restricting the use of non-angling methods of fishing to baitfish (i.e. suckers, minnows and other fish species defined in Schedule I of the MBFR) and common carp, an invasive species in Manitoba.

The changes to the list of waterbodies stocked with trout are likely to affect the anglers who fish in the implicated waterbodies. For the four waterbodies added to the list (Blue Lake, Elgin Reservoir, Tees Lake and Gross River), anglers will no longer be able to use non-angling methods to catch fish or live bait fish in these waterbodies, which may result in some fishers incurring some incremental costs, such as displacement cost associated with going elsewhere to fish by their preferred method or purchase of additional artificial lures. However, the opportunity to fish in these waterbodies is not being lost, as anglers are still able to fish in these stocked waterbodies using angling methods with artificial bait or live nightcrawlers and frogs. Therefore, incremental costs associated with adding the new waterbodies to the list are expected to be negligible.

The change to require ice fishing shelters to be removed 15 days earlier in some parts of southern Manitoba is anticipated to have negligible negative impact because ice fishing can continue in the absence of a permanent shelter, if ice conditions permit.

The modification to the prohibition on spoiling and wasting fish caught by fishing — to no longer include an exemption allowing recreational fishers to waste rough fish — is a low-impact change. The majority of anglers are responsible, respectful and conservation-minded and do not spoil or waste fish. Moreover, recent annual Anglers’ Guides advised recreational fishers that no caught fish should be wasted and did not mention an exemption for rough fish. Commercial fish harvesters will not be impacted as they continue to have the exemption for rough fish.

The amendments to commercial fishing annual quotas and close times are not expected to impact the commercial fishing industry as these reflect the requirements of recent variation orders. Moreover, the Government of Manitoba will continue to manage commercial quotas and close times through annual variation orders in a manner similar to its practice prior to this amendment. A comparison between the total provincial catch limits proposed for each species and the recent three-year average harvest level shows that the proposed limits are higher than the average harvest level. For this reason as well, impacts on the commercial fishery are not anticipated as a result of changes to Schedule XV.

In summary, the MBFR amendments are anticipated to result in small, offsetting positive and negative impacts, which may affect some recreational fishers more than others. The taxidermy industry will be negatively impacted by the changes to size restrictions requiring more trophy-sized fish to be returned to the water. However, as taxidermists have started making replica fish mounts based on photographs and measurements, the impacts will be small. In addition, the new size restrictions will result in increased opportunities to catch trophy-sized fish (for release), which may attract more anglers and support more fishing events in the province. Fishing lodges and related companies will benefit from the implementation of year-round fishing in most waterbodies as a result of the increased opportunity to fish during April and May when most waterbodies were previously closed to all angling.

Small business lens

Analysis under the small business lens concluded that the regulation will not impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply to the regulatory amendment, as the changes to the MBFR are not anticipated to impose any additional administrative burden on businesses.

Regulatory cooperation and alignment

The Government of Manitoba and Fisheries and Oceans Canada cooperated on this regulatory initiative. One of the objectives of this regulatory amendment is to align the MBFR with current provincial fisheries management practices and regulations. Manitoba is concurrently updating its provincial fishing regulations as changes to both provincial regulations and the MBFR are necessary to fully implement the Strategy.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan to identify the potential for important environmental effects was conducted. It concluded that a strategic environmental assessment was not required for the regulatory amendment. The changes to the MBFR are not expected to have an important environmental effect. While the reductions to daily quotas and changes to size restrictions may reduce the number of fish being retained versus returned to the water, and in turn increase the number of breeding fish, the positive impact of this on fish populations could be offset by increased participation in recreational angling (new anglers or existing anglers going more often) and increased opportunity to fish year-round for many species. The province has, and will continue to use, its variation order powers to adjust the quotas and size limits set in the MBFR with the goal of maintaining healthy fish populations.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for this proposal. The MBFR changes make adjustments to how, when and where recreational fishing may occur, to support the long-term sustainability of recreational fishing in Manitoba. Overall, the incremental impacts of the amendments are expected to be negligible, and the changes apply equally to all individuals who chose to participate in recreational fishing. While currently more men choose to fish for recreation, the changes should not introduce barriers for other genders to engage in this leisure activity. During consultations, no comments were received about potential differential outcomes for people based on distributional factors such as gender, education, language, geography, culture and income.

Implementation, compliance and enforcement, and service standards

Implementation

The Government of Manitoba will implement the changes to the MBFR. The changes will be communicated to the public and stakeholders through the province’s usual means for advising fishers of rule changes, including the annual Anglers’ Guide and Manitoba’s website on fishing rules and regulations. In addition, the Government of Manitoba will launch a public education and awareness campaign with support from stakeholders and fish and game organizations that informs anglers and resource users on the new angling regulations. A government news release will also be issued as well as social media posts. The Government of Manitoba will additionally participate in meetings with stakeholders, resource users and local fish and game groups to discuss and communicate the new regulation changes, and will participate and distribute information at tradeshows.

The regulations come into force on April 1, 2023. This is the day that the annual Anglers’ Guide for the 2023 recreational fishing season takes effect. The 2023 Anglers’ Guide will reflect the changes stemming from this MBFR amendment.

Compliance and enforcement

The changes to the MBFR (e.g. revised quotas, size limits and close times) will be enforced through existing processes. Manitoba will continue to promote compliance through activities such as making information available to anglers in plain language and on multiple platforms, and allowing officers the discretion to educate and issue warnings where appropriate. As an enforcement tool, officers have the option to issue a ticket with a fine for minor fisheries offences. Fine amounts range from $50 to $1 000 based on the severity of the offence. Ticketed individuals may opt to voluntarily pay the prescribed fine or plead not guilty and contest the charge in court. When warranted, for example for repeat offenders or serious offences, officers may forgo ticketing and instead elect to lay charges and pursue prosecution through the summary conviction procedure of the Criminal Code in provincial court.

Contact

Katherine Ward
Fisheries Branch
Manitoba Natural Resources and Northern Development
200 Saulteaux Crescent, Box 20
Winnipeg, Manitoba
R3J 3W3
Email: fish@gov.mb.ca