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Vol. 137, No. 50 — December 13, 2003 Regulations Amending the Northwest Territories Fishery RegulationsStatutory Authority Fisheries Act Sponsoring Department Department of Fisheries and Oceans REGULATORY IMPACT ANALYSIS STATEMENT Description The Northwest Territories Fishery Regulations (NWTFR) are made pursuant to the Fisheries Act and control fishing activities in the Northwest Territories. As a result of recently collected biological data, the NWTFR require a number of amendments to maintain healthy, sustainable fisheries throughout the territory. This will allow for the continuation of sport fishing which contributes to tourism-related businesses and to others in the supply and service sector (e.g. bait and tackle shops). The changes are as follows. 1. Barbless Hooks An amendment to the current Regulations is proposed which will require the use of barbless hooks for sport fishing throughout the Northwest Territories (NWT). Catch-and-release fishing is a well-accepted practice in territorial sport fisheries by both individual anglers and lodge operators. The use of barbless hooks reduces the amount of time fish are handled when caught which results in less stress, injury and infection when they are released. All of this improves the survival rates of caught and released fish. 2. Catch and Possession Limits for Bull Trout and Burbot Daily catch and possession limits are listed for numerous species of game fish in the current Regulations. To date, limits for bull trout (Salvelinus confluentus) have not been established in the Regulations because only recently have studies shown that the geographic range of this species now extends into the NWT. Another species, burbot (Lota lota), while not previously recognized as a game fish in the Territories, is now being targeted by anglers. Therefore, amendments are proposed which will establish daily catch and possession limits for bull trout and burbot. The addition of these two fish species to the Regulations with daily catch and possession limits will allow for the management of their respective populations and will contribute to ensuring their sustainability. 3. Catch and Possession Limits for Cisco The current Regulations specify that there is no limit on the number of cisco (Coregonus autumnalis) that can be caught or possessed by fishers. However, fishing pressure on this small species is increasing in the NWT as it is becoming popular among anglers for use as bait and as more people are catching this fish for food and for use as garden fertilizer. As a result, it is necessary to change the current "no limit" provision for cisco to a specific but generous daily catch and possession limit (350). This will allow for improved management and conservation of the species while allowing the continued use of the resource. As management requirements for this species change, established limits can be further adjusted. 4. Fishing in the Mouth of the Buffalo River Under the current Regulations, commercial fishing for whitefish is permitted in much of Great Slave Lake and its tributaries during different periods of the year. However, in the waters of one tributary, the mouth of the Buffalo River, fishing is prohibited year-round due to the periodic presence of migrating stocks of inconnu (Stenodus leucichthys nelma). The Department of Fisheries and Oceans (DFO) proposes to repeal this year-round fishing closure as it is not the most effective method for protecting a species that is only present periodically. A more appropriate means of protecting inconnu will be implemented which will close these waters to fishing only during those periods when stocks of these fish are present. This measure will ensure conservation of inconnu while allowing commercial gill-net fishing for other species to take place during those periods when the migratory inconnu are not present. Alternatives In regard to the amendment mentioned in item 1 above, the status quo — voluntary use of barbless hooks without regulation — was considered. This option was rejected because even though many sport fishers and fishing lodge owners and guests promote and voluntarily use barbless hooks, not all do so. With the increasing incidence of catch-and-release fishing, a regulatory requirement to use barbless hooks throughout the Territories is necessary to improve fish survival by reducing fish-handling time. There is no alternative to establishing catch and possession limits for bull trout and burbot (item 2) that would allow for their effective conservation and management. Two alternatives to the establishment of catch and possession limits on cisco (item 3) were considered — close the fishery and/ or ban the use of cisco as bait. These measures were considered too drastic since sustainable fishing is possible by establishing quotas. Daily limits on cisco will allow for improved management and protection of cisco stocks while allowing continued use of the resource. Eliminating the year-round fishing closure in the mouth of the Buffalo River (item 4) in favour of closing the area during specific periods of the year will ensure effective management and protection of inconnu stocks. This is the only alternative that will allow fishing in these waters when conservation of inconnu is not an issue (i.e. the fish are not present). Benefits and Costs The barbless hook amendment (item 1) will benefit fish stocks by minimizing stress, injury and infection. This in turn promotes greater fish survival rates, which will benefit anglers, lodges and outfitters who rely on sustainable fish stocks. Barbless hooks are available at much the same cost as barbed hooks. In addition, tackle shop operators can sell barbed hooks from which the barbs can easily be removed. The addition of daily catch and possession limits for bull trout and burbot (item 2) will allow for the management of their respective populations and will contribute to ensuring their sustainability. There are no costs relating to this amendment. Anglers are accustomed to quotas on other fish species and should easily adjust to limits on these new species. The amendments relating to establishing quotas on cisco (item 3) will ensure stock sustainability while permitting continued use of this resource. Regulated limits will also permit management flexibility as conservation requirements change. And even though fishers will not be permitted to catch as many cisco as they currently do, this measure is necessary if cisco fishing is to continue. For those catching cisco for use as bait or fertilizer, other commercial sources for these products are readily available. The elimination of the year-round fishing closure in the mouth of the Buffalo River (item 4) in favour of seasonal closures will not affect the conservation and protection of inconnu as the area will still be closed when those fish are present. The change will benefit commercial fishers in that waters previously closed to fishing will now be available. In addition, enforcement personnel will be able to redistribute their efforts as the need for year-round surveillance of the closed area will no longer be necessary. The above-proposed amendments will not seriously affect or impose increased costs on resource users, government or industry. Enforcement will be adjusted to take into account the new provisions, but the costs of monitoring and enforcing fishery regulations will not be affected. Consultation DFO consulted with the Renewable Resource Boards and Advisory Committees for the Inuvialuit, Gwich'in and Sahtu land claim areas on the proposed amendments at regular group meetings and these organizations have given their support for the changes. These organizations are comprised of representatives of land claim beneficiaries. Outside of the claim areas, the Department consulted with the Great Slave Lake Advisory Committee, which represents all users of fishery resources on Great Slave Lake and its tributaries. Committee representation includes the Dene, Metis, commercial fishers, lodges and outfitters, and the general angling population. The Committee supports the proposed amendments. The Akaitcho, the Deh Cho and the South Slave Metis were also consulted and no negative response has been received. The territorial Department of Resources, Wildlife and Economic Development is also supportive of these regulatory amendments which are intended to improve conservation of territorial fisheries resources while allowing the continuation of fishing in the Northwest Territories. Recreational anglers have shown wide-spread support of the barbless hook regulation during public meetings, in sports fishery survey responses, and are aware of the other changes through local newspaper reports and radio interviews with DFO managers. Compliance and Enforcement Once the amendments are approved, resource users will be informed of the changes through a notice in the annual Sport Fishing Guide and through existing communications opportunities such as public meetings and individual contact with anglers by enforcement staff. 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 of up to 24 months and/or fines of 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. These amendments to the Regulations do not involve any new enforcement costs. Contacts George Low, Fisheries Management Biologist, Fisheries and Oceans Canada, 42043 Mackenzie Highway, Hay River, Northwest Territories X0E 0R9, (867) 874-5575 (Telephone), (867) 874-6922 (Facsimile), low@dfo-mpo.gc.ca (Electronic mail), or Sharon Budd, Regulatory Analyst, Fisheries and Oceans Canada, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 993-0982 (Telephone), (613) 990-2811 (Facsimile). PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to section 43 (see footnote a) of the Fisheries Act, proposes to make the annexed Regulations Amending the Northwest Territories Fishery Regulations. Any interested person may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, the date of this notice and must be addressed to George Low, Fisheries Management Biologist, Fisheries and Oceans Canada, 42043 Mackenzie Highway, Hay River, NT, X0E 0R9 Tel: (867) 874-5575 Fax: (867) 874-6922 E-mail: low@dfo-mpo.gc.ca. Ottawa, December 2, 2003
EILEEN BOYD
REGULATIONS AMENDING THE NORTHWEST TERRITORIES FISHERY REGULATIONS AMENDMENTS 1. (1) The definition "angling" in subsection 2(1) of the Northwest Territories Fishery Regulations (see footnote 1) is replaced by the following: "angling" means fishing with (a) a hook and line with the line held in the hand, or (b) a hook, line and rod with the rod held in the hand; (pêche à la ligne) (2) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order: "barbless hook" includes a hook that has all of its barbs compressed to be in complete contact with the shaft of the hook, except those barbs on the shank that are designed solely to retain bait; (hameçon sans ardillon) "hook" means a single pointed or multiple-pointed hook on a common shaft and includes an artificial lure that has one or more hooks attached to it; (hameçon) 2. The Regulations are amended by adding the following after section 37: 37.1 No person engaged in angling shall use or possess a hook that is attached to the end of a fishing line if the hook is not a barbless hook. 3. Schedule I to the Regulations is amended by adding the heading "Item" above the first column. 4. Schedule I of the Regulations is amended by adding the following after item 18:
5. Item 2 of Part I of Schedule III to the Regulations is amended by adding the word "or" at the end of paragraph (a), by striking out the word "or" at the end of paragraph (b) and by repealing paragraph (c). 6. Item 12 of Schedule VI to the Regulations is replaced by the following:
COMING INTO FORCE 7. These Regulations come into force on the day on which they are registered. [50-1-o] S.C. 1991, c. 1, s. 12 C.R.C., c. 847 |
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