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Vol. 137, No. 30 — July 26, 2003 Regulations Amending the Yukon Territory Fishery RegulationsStatutory Authority Fisheries Act Sponsoring Department Department of Fisheries and Oceans REGULATORY IMPACT ANALYSIS STATEMENT Description The Yukon Territory Fishery Regulations (YTFR) are made under the authority of the Fisheries Act and control fishing in the waters of the Yukon Territory and in Canadian fisheries waters offshore of the Yukon Territory. By agreement with the federal government, the Yukon Territorial government manages the territory's non-tidal fisheries for all species except salmon and has requested these regulatory amendments. However, since the Regulations are made pursuant to federal legislation, amendments must be processed by the Department of Fisheries and Oceans (DFO) and approved by the Governor in Council. The proposed amendments are intended to improve service delivery to the angling public and to aid in improving the administration and management of territorial fisheries and the conservation of freshwater fish stocks. The proposed changes are as follows: 1. Add provisions to deal with fee reciprocity with Alaska for sport fishing licences Each year approximately 2000 Yukon residents purchase Alaska non-resident sport fishing licences to fish in the state while Alaska residents purchase 600-700 Yukon non-resident sport fishing licences to fish in territorial waters. In the spirit of friendship, the Alaska and Yukon fisheries agencies have determined that establishing reciprocal sport fishing licence fees would be an appropriate mechanism for allowing state and territorial residents to more easily enjoy and access the neighbouring recreational fisheries. When fully implemented, the arrangement would allow Yukon residents to fish in Alaska for the same licence fee paid by state residents ($15 U.S.) rather than under a non-resident licence fee ($100 U.S.). Similarly, Alaska residents would be permitted to fish in the Yukon for the licence fee paid by a Yukon resident ($15 Cdn.) instead of under a non-resident licence ($35 Cdn.). To qualify, the person would have to have been the holder of a resident sport fishing licence of their respective state or territory within the previous 12 months. In order to establish such a reciprocal fee arrangement, an amendment to the YTFR is required and a change to the corresponding Alaska legislation is also necessary. Since a change to Alaska fishing licence fee provisions requires a legislative change and a political sponsor/champion, it would be very difficult to coordinate amendments to the YTFR with changes to the corresponding state legislation. Therefore, to encourage the speedy passage of corresponding reciprocal fee provisions in Alaska legislation, the YTFR amendment being proposed will be an enabling provision that will only be applicable when Alaska has implemented corresponding provisions. 2. Change to one-day licence fee The principle that buying larger is more economical than buying smaller is a standard practice in price setting for consumer goods. In most provinces and territories, this principle holds true for setting fees for angling licences where buying a licence good for a longer period is cheaper than buying several shorter term licences (i.e. one-day). In the YTFR, however, this principle has not been utilized effectively for non-resident licence fees. Currently, contracted licence vendors are finding that anglers from outside the territory are fishing for up to three days by purchasing three one-day licences at $5 each rather than one 6-day licence at $20. This is not what was intended when these fees were originally set. In addition, fees for non-resident one-day licences in other provinces and territories average $15 while the average for 3-day licences is $25 and for week long licences, $35. The current fees for 6-day and annual licences for non-Yukon residents are $20 and $35 respectively. Therefore, to more effectively utilize the "more is cheaper" principle, the one-day licence fee must be brought into line with the fees for longer term Yukon non-resident licences. Also, non-resident licence fees in the Yukon should be more on a par with similar fees in other provinces and territories. Consequently, an amendment is proposed to adjust the one-day fee for non-Yukon residents to $10. 3. Specify a daily catch quota for Tatlmain Lake Under the Selkirk First Nation Final Agreement, Tatlmain Lake is designated as a Special Management Area. Currently, limits on the number of fish that can be caught and retained are set for all species in the lake. However, once sport fishers have retained those limits, they can continue fishing as long as all fish caught are released. At the moment, there is no limit to the number of fish that can be caught and released. The Selkirk First Nation is very concerned with this unlimited catch and release fishing and the impact that repeatedly hooking and releasing fish may have on the resources of the lake. The management plan recently developed for the Special Management Area recommends that the total number of fish caught each day be limited to five fish regardless of species and whether the fish are retained or released. An amendment is proposed which will add a provision to requiring anglers to stop fishing on Tatlmain Lake once five fish have been caught and retained or caught and released. 4. Adjustment of catch, possession and size limits for certain Trout species To date, quotas and length limits on bull trout have been incorporated with those for Dolly Varden trout, considered to be in the same family of species. However, the bull trout population in the Liard River drainage basin has been identified as a separate species from Dolly Varden, found elsewhere in the Yukon Territory. In addition, bull trout have become vulnerable to overharvest in most of western Canada and the US. Therefore, to manage this species in a manner that provides for sustainable conservation while still allowing angling to continue, a catch limit of two, a possession limit of 4 and a minimum size limit of 20 cm will be established for bull trout. Also, the existing YTFR sets out quotas for cutthroat trout, a species not found in the Yukon. Therefore, all references to this species will be repealed. 5. Establish catch and possession limits for burbot and least cisco The fish species, burbot, is becoming a very popular target species with anglers in certain territorial waters because they are relatively easy to catch and are excellent for eating. In order to ensure the conservation of this species, a catch limit of five and a possession limit of ten will be established. In future, these limits will be adjusted as required to address specific conservation needs in specific waters. Another species, least cisco, is caught and used by anglers as bait for lake trout in the Tagish Bridge area of southeastern Yukon. As conservation concerns exist for this species in this area, a catch limit of five and a possession limit of ten will be established to manage the harvesting of least cisco. 6. Addition or deletion of waters where only barbless hooks are permitted Due to a limited fishing quota and a relatively small size limit on Arctic grayling in the Lubbock River, anglers are increasingly releasing fish during the spring spawning period so as to catch and retain the largest fish permitted. Angling in this river is also restricted to the use of barbless hooks which can have multiple hooks. To improve the effectiveness of the live releasing of fish, the gear permitted for angling in the Lubbock River will be further restricted to single barbless hooks. In addition, since the amendment outlined in item 2 will require anglers to stop fishing after catching five fish from Tatlmain Lake, there is no conservation reason to continue requiring the use of barbless hooks only in that lake. Therefore, the lake will be removed from the list of waters restricted to barbless hooks. Bennett, Caribou, Chadburn, Little Fox, Morley and Twin Lakes are very small, accessible lakes where sustainable annual harvests range from 10 to 50 lake trout for all angling. A requirement to release all but one lake trout over 65 cm was implemented in recent years to protect the lake trout stock in these lakes. This results in increased incidence of catch and release of trout in these waters. The catch and release of live fish will be made more effective if angling is restricted to the use of barbless hooks. This gear is less damaging to fish and their survival after release is improved. Therefore, these lakes will be added to the list of waters where only barbless hooks are permitted. 7. Reorganize and Update the List of Game fish This schedule lists all the game fish species in the territory and is currently very difficult to amend as the fish species in the list are not numbered. Therefore, this list will be numbered to facilitate future amendments and to remove cutthroat trout (item 4) and to add Burbot and Least cisco (item 5). 8. Drafting Correction Finally, an amendment will be made to a provision added to these Regulations in 2002 to correct drafting errors made at that time. Alternatives The proposed amendment outlined in item 1 above is the only alternative that would allow for the simultaneous establishment of reciprocal fees between the Yukon and the state of Alaska. Since the passage of reciprocal fee provisions by the Alaska government is more difficult and time-consuming than a YTFR regulatory amendment, an enabling provision in the YTFR that will be applied only when Alaska has implemented corresponding provisions is a more appropriate approach. Establishing licence fees in the YTFR to make fees for Alaska resident licence holders equivalent to those of Yukon resident licence holders was not considered appropriate. Such an option would require licences to be issued at the new rates whether or not the Alaska legislature had established similar equivalent fee provisions. The proposed non-resident licence fee change detailed in item 2 is modest compared to similar fees currently existing in other provinces and territories and is more appropriate in relation to the current 6-day and annual non-Yukon resident licence fees. The status quo would not have addressed the administrative problems of licence vendors nor would it be the appropriate message to anglers on the value of Yukon fishing resource. Other than the status quo, there is no alternative to the amendment referred to in item 3 requiring anglers to stop fishing on Tatlmain Lake once five fish have been caught and retained or caught and released. The status quo would not address the issue of unlimited catch and release once catch and retain quotas have been reached and would not implement the recommendation of the management plan of the Special Management Area. There are no alternatives to the amendments detailed in items 4 and 5 that would adequately address the sustainable conservation of bull trout, burbot and least cisco. Since the requirement to use barbless hooks and single barbless hooks in certain waters is already set out in the Regulations, there is no alternative to the amendments outlined in item 5. Anglers in the Yukon are accustomed to and support barbless hook requirements. There is no alternative to the deletion of cutthroat trout and the addition of burbot and least cisco to the game fish list. The numbering of fish species in that list (item 7) is the only alternative that will allow for easy amendment of the list in the future. There is no alternative to the administrative amendment detailed in item 8. Benefits and Costs When the reciprocal licence fee arrangement with Alaska is fully implemented by both jurisdictions, the amendment in item 1 will provide significant savings to Yukon residents who fish in Alaska. However, changes to licence fee revenues for Government will be negligible. The fee change, referred to in item 2 above, will not overly impact non-resident anglers coming to the Yukon who will simply purchase the 6-day licence instead of several one-day licences. The fee adjustment will, however, bring the fee into line with similar fees in other parts of Canada, will put a higher value on the fishing resource and will reduce administrative difficulties experienced by licence vendors. The proposed amendments outlined in items 3 to 6 will not negatively impact anglers or businesses connected to recreational fishing or to tourism. On the contrary, the changes will benefit both anglers and businesses interest as they are intended to ensure conservation of the fishery and allow recreational fishing to continue. The amendments detailed in items 7 and 8 are administrative in nature and will have no impact on anglers. The proposed amendments apply only to recreational fishing and do not apply to aboriginal fishing for food, social, ceremonial or commercial purposes. Consultation The public review process for the development of regulatory changes in the Yukon involves the Yukon Fish and Wildlife Management Board. This body was established pursuant to territorial land claims agreements as the primary instrument for fish and wildlife management in the Yukon. For matters of local or regional interest, Renewable Resources Councils were also established in each traditional territory as primary instruments for local/regional renewable resources management. In accordance with final agreements with Yukon First Nations, the Yukon Fish and Wildlife Management Board undertook extensive public consultation on the proposed amendments. Consultations were conducted directly with affected user organizations, First Nations and Renewable Resource Councils by the publication and distribution of a regulatory proposal document, the publication of the proposals in newspapers with Yukon-wide distribution, radio advertisements and public meetings. Based on the public review and input received during consultations, the Board recommended the above proposed amendments to the Yukon Minister of Renewable Resources responsible for freshwater fisheries. The proposed changes are widely supported by those consulted. The Board also undertook extensive public review of the proposed licence fee change (item 2) which is supported by anglers and tourist operators. The amendment requiring anglers to stop fishing in Tatlmain Lake after having caught a total of five fish (item 3) will be reviewed via annual enforcement and compliance meetings between the area Renewable Resources Council and the Selkirk First Nation. These meetings are a requirement of the management plan of the Tatlmain Lake Special Management Area. Compliance and Enforcement Minor adjustments to enforcement activity may be necessary as a result of the proposed amendments. The annual Fishe ries Regulations Synopsis, produced by the Yukon Territorial Government and distributed freely to anglers, will detail the amendments and a public education campaign will provide the necessary information to the public. Compliance will be encouraged by regular patrols at known fishing areas and by notices posted in those locations which outline the changes. Under the existing territorial program, in addition to regular patrols of popular fishing areas, enforcement officers give information about the regulations, issue warnings of potential violations and lay charges for regulatory contraventions. Also, the Fisheries Act prescribes penalties, upon conviction, for contraventions of the Regulations which include jail terms up to 24 months and/or fines up to $500,000. In addition, the courts may order the seizure of fishing gear, catches, vehicles or other equipment used in the commission of an offence. The courts may also impose licence suspensions and cancellations. Don Toews, Chief of Fisheries, Fish and Wildlife Branch, Department of Renewable Resources, Whitehorse, Yukon Y1A 5H4, (867) 667-5117 (Telephone), Don.toews@gov.yk.ca (Electronic mail), and Sharon Budd, Regulatory Analyst, Fisheries and Oceans Canada, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 993-0982 (Telephone), (613) 990-2811 (Facsimile). Notice is hereby given that the Governor in Council, pursuant to sections 8 and 43 (see footnote a) of the Fisheries Act, proposes to make the annexed Regulations Amending the Yukon Territory Fishery Regulations. Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Don Toews, Chief of Fisheries, Fish and Wildlife Branch, Department of Renewable Resources, Whitehorse, Yukon Y1A 5H4 (tel.: (867) 667-5117; e-mail: don.toews@ gov.yk.ca). Ottawa, July 24, 2003
EILEEN BOYD
REGULATIONS AMENDING THE YUKON TERRITORY FISHERY REGULATIONS AMENDMENTS 1. Subsection 2(1) of the Yukon Territory Fishery Regulations (see footnote 1) is amended by adding the following in alphabetical order: "qualified non-resident" means, where Alaska has implemented an understanding with Yukon in respect of sport fishing licences, a person who
(b) has held a valid Alaska resident sport fishing licence within 12 months before making an application for a sport fishing licence under these Regulations; (non-résident admissible) 2. Subsection 3(2) of the Regulations is replaced by the following: (2) Except as otherwise provided in these Regulations, these Regulations, other than subsections (1) and 9(3) and — to the extent that they relate to a contravention of subsection 9(3) — sections 10 and 11, do not apply with respect to fishing and related activities carried out under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations. 3. The portion of subsection 4(3) of the Regulations before paragraph (a) is replaced by the following: (3) A person under 16 years of age may engage in angling without a licence if the person 4. (1) Section 7 of the Regulations is amended by adding the following after subsection (2): (2.1) Despite subsection (2), no person shall, in any one day, continue angling on Tatlmain Lake after they have caught and retained or caught and released five fish regardless of species. (2) Section 7 of the Regulations is amended by adding the following after subsection (8): (9) A person who holds a sport fishing licence may snag cisco from Tagish Bridge over the Tagish River (60°15'N, 134°17'W) and from Carcross Bridge over the Nares River (60°09'N, 134°37'W) in accordance with the terms of that licence. (3) Subsection 7(14) of the Regulations is replaced by the following: (14) No person shall angle in the waters set out in (a) Part I of Schedule VI, except with a barbless hook; or (b) Part II of Schedule VI, except with a single-pointed barbless hook. 5. Schedule II to the Regulations is replaced by the following: SCHEDULE II GAME FISH
6. (1) The portion of paragraph 5(a) of Schedule III to the Regulations in column I is replaced by the following:
(2) The portion of paragraph 5(d) of Schedule III to the Regulations in column II is replaced by the following:
(3) The portion of paragraph 5(g) of Schedule III to the Regulations in column II is replaced by the following:
(4) Item 5 of Schedule III to the Regulations is amended by adding the following after paragraph (q):
7. The portion of paragraph 8(a) of Schedule III to the Regulations in column I is replaced by the following:
8. Item 2 of Schedule IV to the Regulations is replaced by the following:
9. The portion of item 10 of Schedule IV to the English version of the Regulations before subitem (1) in column I is replaced by the following:
10. Item 14 of Schedule IV to the Regulations is replaced by the following:
11. The heading "HIGH QUALITY MANAGEMENT WATERS" of Schedule VI to the Regulations is repealed. 12. Items 24, 35 and 39 of Part I of Schedule VI to the Regulations are repealed. 13. Part I of Schedule VI to the Regulations is amended by adding the following in numerical order:
14. Part II of Schedule VI to the Regulations is amended by adding the following after item 3:
15. Schedule VII to the Regulations is amended by adding the following in numerical order:
COMING INTO FORCE 16. These Regulations come into force on the day on which they are registered. [30-1-o] Regulations Amending the Great Lakes Pilotage Tariff RegulationsStatutory Authority Pilotage Act Sponsoring Agency Great Lakes Pilotage Authority REGULATORY IMPACT ANALYSIS STATEMENT Description The Great Lakes Pilotage Authority (the Authority) is responsible for administering in the interests of safety, an efficient pilotage service within Canadian waters in the Province of Quebec, south of the northern entrance to St. Lambert Lock, and in and around the Provinces of Ontario and Manitoba. Section 33 of the Pilotage Act requires the Authority to prescribe the manner for determining pilotage charges before fixing such charges. These charges should be fair and reasonable and permit the Authority to operate on a self-sustaining financial basis. To support its efforts towards maintaining fiscal self-sufficiency, it is necessary to amend subsection 3(5) of the Great Lakes Pilotage Tariff Regulations (the GLPTR). In International Districts No. 1, 2 (other than the Welland Canal), 3 and Lake Ontario, pilotage services are jointly performed by Canadian and United States' pilots in accordance with a Memorandum of Arrangements signed by both countries. The basic charges for pilotage services in these four Districts are paid to the Authority in Canadian currency based on the U.S. rate charged for similar services performed by U.S. pilots. Over the years, fluctuations in the exchange rate between the U.S./ Canadian dollar have been minimal and have not substantially affected Canadian charges. This has not been the case in recent months. During the past six months, a 17-percent decrease in the value of the U.S. dollar has created a loss of approximately $300,000 in the Authority's revenues for pilotage services in these four Districts. The costs to the Authority for such services, however, have not decreased during the period. To avoid further losses of revenue due to the falling value of the U.S. dollar, the Authority, with the support of the Shipping Federation of Canada (SFC) and the Authority's Board of Directors, proposes to amend subsection 3(5) of the GLPTR to dampen fluctuations in the exchange rate. The proposed amendment will have the effect of stabilizing the currency equalization factor (C.E.F.) for each month, which would now be based on an average of the closing exchange rates for the US dollar for the last business day of each month for the preceding 24-month period. In addition, stabilization of the C.E.F. will establish a solid base on which future tariff charges may be levied in these Districts. Alternatives Consideration was given to maintaining the status quo with respect to subsection 3(5) of these Regulations. The Authority, however, rejected this alternative, since it is necessary to promptly stabilize the C.E.F. to avoid further losses in revenue due to the decrease in the value of the U.S. dollar. The amendment will support the Authority's efforts to maintain its financial self-sufficiency while providing a safe and efficient pilotage service. Benefits and Costs The basic charges for Canadian pilotage services within these four Districts is based on a C.E.F. which is directly influenced by the exchange rate of the U.S./Canadian dollar. This exchange rate has had minimal effect upon the Authority's revenues over the years; however, during the past 6-7 months, the considerable decrease in the value of the U.S. dollar has already cost the Authority approximately $300,000 in lost revenues. If allowed to continue, the Authority would lose approximately $600,000 in revenues by the end of the year. No allowances were made to accommodate such losses when the Authority's budget was prepared in January 2003. Stabilization of the C.E.F. is beneficial in that it will assist in reducing current and future losses in revenue. This will ensure the continued efficiency of the Authority's pilotage services while maintaining the present level of pilotage numbers, as requested by the marine industry. This proposed amendment will not have any impact on the environment. Consultation The Authority met with SFC members on May 29, 2003, to discuss its financial position, particularly with respect to the current U.S./Canada exchange rate charged and the C.E.F. for pilotage services in these four Districts. The SFC members recognized that the Authority would incur a loss of approximately $600,000 by year's end due to the 17-percent decrease in the value of the U.S. dollar, and that this shortfall had not been allowed for in its January 2003 budget. Cognizant of the Authority's current financial position, the SFC members agreed that this loss would be absorbed by its users in 2003. On its part, the Authority indicated its intention to amend subsection 3(5) of the GLPTR in order to bring greater stability to the C.E.F. Compliance and Enforcement Section 45 of the Pilotage Act provides the enforcement mechanism for these Regulations in that a Pilotage Authority can inform a customs officer at any port in Canada to withhold clearance from any ship for which pilotage charges are outstanding and unpaid. Paragraph 48(c) of the Pilotage Act provides for penalties if the GLPTR are contravened, including fines of up to $5,000. Mr. R. F. Lemire, Chief Executive Officer, Great Lakes Pilotage Authority, P.O. Box 95, Cornwall, Ontario K6H 5R9, (613) 933-2991 (Telephone), (613) 932-3793 (Facsimile). Notice is hereby given, pursuant to subsection 34(1) (see footnote b) of the Pilotage Act, that the Great Lakes Pilotage Authority proposes, pursuant to subsection 33(1) of that Act, to make the annexed Regulations Amending the Great Lakes Pilotage Tariff Regulations. Interested persons who have reason to believe that any charge in the proposed Regulations is prejudicial to the public interest, including, without limiting the generality thereof, the public interest that is consistent with the national transportation policy set out in section 5 of the Canada Transportation Act (see footnote c) , may file a notice of objection setting out the grounds therefor with the Canadian Transportation Agency within 30 days after the date of publication of this notice. The notice of objection should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Canadian Transportation Agency, Ottawa, Ontario K1A 0N9.
ROBERT LEMIRE
REGULATIONS AMENDING THE GREAT LAKES PILOTAGE TARIFF REGULATIONS AMENDMENT 1. Subsection 3(5) of the Great Lakes Pilotage Tariff Regulations (see footnote 2) is replaced by the following: (5) For the purposes of subsection (1), the currency equalization factor for a month is the average of the closing exchange rates for the United States dollar as reported by the Bank of Canada for the last business day of each month of the immediately preceding 24 months. COMING INTO FORCE 2. These Regulations come into force on the day on which they are registered. [30-1-o] S.C. 1991, c. 1, s. 12 C.R.C., c. 854 S.C. 1998, c. 10, s. 150 S.C. 1996, c. 10 SOR/84-253; SOR/96-409 |
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