Interpretation

1 In this regulation:

""Act"" means the Wildlife Act;

""annual angling licence"" means an angling licence issued for a term of not more than 12 months ending March 31;

""Class I water"" means one of the classified waters listed under the heading Class I Coastal Waters (anadromous) or Class I Inland Waters (non-anadromous) in Schedule A;

""Class II water"" means one of the classified waters listed under the heading Class II Coastal Waters (anadromous) or Class II Inland Waters (non-anadromous) in Schedule A;

""classified water"" means a water or group of waters set out in Column 1 of Schedule A;

""conservation surcharge"" means a surcharge assessed for the purposes of section 111 of the Act;

""licence year"" means a period of 12 months beginning on April 1 in each year and ending on March 31 in the following year;

""management plan"" means a plan for managing guiding for fish and angling referred to in section 52 (3) of the Act;

""Shuswap Lake"" means the waters of Mara Lake and Shuswap Lake including Seymour, Anstey and Salmon arms, Little Shuswap Lake, and that portion of South Thompson River (Little River) between Shuswap Lake and Little Shuswap Lake.

[am. B.C. Regs. 88/94, s. 1; 72/97, s.1; 263/2005, s. 1; 12/2006, s. 1.]

Conservation surcharge stamps

2 For the purposes of section 12 (a) (ii) of the Act, a person must be the holder of an angling licence bearing a conservation surcharge stamp affixed to the licence that permits angling in relation to that affixed stamp, and pay the applicable fee and conservation surcharge set out in Schedule C, as follows:

(a) for waters not listed in Schedule A, a conservation surcharge stamp affixed to the front of an angling licence in the box labeled "Steelhead" permits angling for or retaining steelhead in those unclassified waters;

(a.1) for classified waters listed in column 1 of Schedule A, a conservation surcharge stamp affixed to the front of an angling licence, in the box labeled "Steelhead",

(i)  is required for angling in those classified waters during the period set out opposite in column 5, and

(ii)  permits angling for or retaining steelhead in those classified waters;

(b) a conservation surcharge stamp affixed to the front of an angling licence in the box labelled "Kootenay Rainbow Trout" permits the retention of up to 5 rainbow trout that measure more than 50 cm from the tip of the nose to the fork of the tail that are caught in Kootenay Lake east of a line between fishing boundary signs on opposite shores at Balfour Point and Proctor Lighthouse;

(c) a conservation surcharge stamp affixed to the front of an angling licence in the box labelled "Non-tidal Salmon" permits the retention of salmon that are caught in non-tidal waters of the Province, including not more than 10 adult chinook salmon;

(d) Repealed. [B.C. Reg. 36/95, s. 1 (a).]

(e) a conservation surcharge stamp affixed to the front of an angling licence in the box labelled "Shuswap Rainbow Trout" permits the retention of up to 5 rainbow trout that measure more than 50 cm from the tip of the nose to the fork in the tail that are caught in Shuswap Lake;

(f) a conservation surcharge stamp affixed to the front of an angling licence in the box labelled "Shuswap Char" permits the retention of up to 5 char that measure more than 60 cm from the tip of the nose to the fork in the tail that are caught in Shuswap Lake.

[en. B.C. Reg. 88/94, App. II, s. 2; am. B.C. Regs. 36/95, s. 1 (a); 167/97, s. 1; 35/99, s. 1.]

White sturgeon conservation licence

2.001 (1)  For the purpose of section 12 (a) (ii) of the Act, in order to angle for white sturgeon in waters open to such angling, a person must be the holder of both

(a) a valid basic angling licence, and

(b) a valid white sturgeon conservation licence,

and have paid the applicable fee and conservation surcharges set out in Schedule C.

(2)  The white sturgeon conservation licence referred to in subsection (1) permits a resident, non-resident or non-resident alien angler, who possesses a valid basic angling licence for the same period, to angle for white sturgeon on an annual, 8-day, or one-day basis, depending on the conservation surcharges paid and the date or dates listed on the licence at the time of purchase, as follows:

(a) an annual licence is valid from April 1st or the date of purchase (whichever is later) through March 31st;

(b) an 8-day licence is valid only on the period of 8 consecutive days listed on the licence;

(c) a one-day licence is valid only from 12:00 a.m. to 11:59 p.m. on the date specified on the licence.

[en. B.C. Reg. 214/2008, s. 1.]

Classified waters angling licence

2.01 (1)  For the purpose of section 12 (a) (ii) of the Act, a person must be the holder of an angling licence that permits angling in the classified waters listed in Column 1 of Schedule A during the period set out opposite in Column 4.

(2)  The classified waters angling licence referred to in subsection (1) permits

(a) a resident to angle on all classified waters, and

(b) a non-resident or a non-resident alien to angle on a classified water if the classified water angled on, and the date or dates angled, which must not exceed 8 consecutive days, are listed on the front of the licence at the time of purchase.

(3)  A classified waters angling licence may be issued to a resident, a non-resident or a guided non-resident alien who pays the applicable fee and conservation surcharge set out in Schedule C.

(4)  A classified waters angling licence may be issued to a non-resident alien who

(a) is not a client of an angling guide who is authorized under the Act to guide on the classified water to be angled on,

(b) has, if a lottery is required by section 2.02 (2), been allotted angler days to angle on the classified water, and

(c) pays the applicable fee and conservation surcharge set out in Schedule C.

(5) and (6)  Repealed. [B.C. Reg. 167/97, s. 2.]

(7)  An angling guide, or an assistant angling guide employed by the angling guide, does not require a classified waters angling licence while guiding a client of the angling guide on classified waters.

(8)  Subsection (1) does not apply to a resident, a non-resident or a non-resident alien who angles on the Bella Coola/Atnarko classified waters.

[en. B.C. Reg. 72/97, s. 2; am. B.C. Regs. 167/97, s. 2; 34/99; 263/2005, s. 2.]

Allotment of angler days for classified waters

2.02 (1)  On or before January 15 in each year, the director, or a person appointed by the director for the purpose, may, for one or more weeks of the angling season and having regard to the management plan for the classified water, establish the number of angler days that may be reasonably allocated under subsections (2) and (3) to non-guided non-resident aliens.

(2)  The director may, for one or more classified waters, determine by means of a lottery the number of angler days to be allocated among non-guided non-resident alien applicants, so arranged that it distributes the angler days among the applicants by chance.

(3)  The director must inform prospective applicants about any lottery to be conducted as follows:

(a) before the lottery takes place, by means of a press release or other publication, giving

(i)  the time and place of the lottery,

(ii)  the manner of making an application, and

(iii)  other relevant information about the conduct of the lottery;

(b) after the lottery, giving

(i)  the results of the lottery, and

(ii)  the names of the officials of the ministry who were present and conducting the lottery.

[en. B.C. Reg. 72/97, s. 3; am. B.C. Reg. 135/2002.]

Duplicate licence

2.1 A duplicate copy of a licence may be issued if the holder of the licence

(a) completes a statement of loss in the form specified by the director, and

(b) pays the fee set out in Schedule C.

[en. B.C. Reg. 33/2004, s. 1.]

Angling guide exemptions

3 (1)  For the purpose of section 1 of the Act and regulations under the Act, "guide for fish" does not include a class of persons who operate

(a) an aircraft or motor vehicle used for commercial purposes

(i)  on a government regulated schedule,

(ii)  between a commercial fishing camp, lodge or resort and any other place which is not an angling site,

(iii)  to transport persons travelling primarily for a non-recreational purpose, or

(iv)  to transport anglers to or from an angling site where such transportation is not a significant part of their transportation business and this transportation is not promoted by any person as a service to anglers,

(b) a fishing school

(i)  on waters for a period of less than 8 days in a calendar year,

(ii)  considered by the regional manager not to be in conflict with the management plan for the waters, and

(iii)  for which a permit is issued under subsection (3).

(2)  Subsection (1) (a) (iv) does not apply to a person who transports an angler to 2 or more angling sites during a 24 hour period.

(3)  A regional manager may issue a permit for the operation of a fishing school on waters in the region to a person who

(a) is associated with a recognized educational institution, or

(b) derives part of his or her income from work related to angling.

Angler exemptions

4 For the purpose of section 12 of the Act, a person is exempt who

(a) angles in waters on premises operated under a licence or permit for breeding, holding or rearing fish under this Act or the Fisheries Act,

(b) is a resident under 16 years of age,

(c) is under 16 years of age, not a resident and is accompanied by a person 16 years or older who holds an angling licence and other licences required by regulation, and fish caught and kept by the younger person are included as part of the daily catch and possession limit of that older person, or

(d) Repealed. [B.C. Reg. 35/99, s. 3.]

(e) angles in any of the following waters while holding a valid sport fishing licence under the Yukon Territory Fishery Regulations (Canada):

(i)  Bennett Lake;

(ii)  Laidlaw Lake;

(iii)  Morley Lake;

(iv)  Rancheria River and its tributaries;

(v)  Swift River and its tributaries;

(vi)  Tagish Lake;

(vii)  Teslin Lake.

[am. B.C. Regs. 89/94; 35/99, s. 3; 333/2000.]

Family fishing exemption

4.1 (1)  An individual who is ordinarily resident in Canada is exempt from section 12 of the Act during the weekend in June in which Father's Day occurs, and the Friday immediately preceding that weekend, while angling in non-tidal water that is not a classified water.

(2)  The exemption of an individual under subsection (1) is on condition that the individual not retain fish caught while exempt of a species for which a conservation surcharge stamp is required for retention.

[en. B.C. Reg. 170/2000; am. B.C. Regs. 406/2000; 150/2008.]

Number of licences

5 For the purposes of section 14 of the Act, the number of licences of each kind that a person may obtain or be in possession of during each licence year is as follows:

(a) one annual angling licence;

(b) one conservation surcharge stamp for steelhead;

(c) one conservation surcharge stamp for Kootenay Lake rainbow trout;

(d) one conservation surcharge stamp for salmon;

(e) Repealed. [B.C. Reg. 36/95, s. 1 (b).]

(f) one conservation surcharge stamp for Shuswap Lake rainbow trout;

(g) one conservation surcharge stamp for Shuswap Lake char;

(h) for non-resident aliens, one classified waters angling licence for the Dean River.

[en. B.C. Reg. 88/94, App. II, s. 3; am. B.C. Regs. 36/95, s. 1 (b); 72/97, s. 4.]

Angling fees

6 The fees and conservation surcharges payable for a permit or an angling licence to angle for fish in non-tidal waters of the Province are those specified in Schedule C.

[am. B.C. Reg. 72/97, s. 5.]

Special conditions of an angling licence

6.1 The condition of an angling licence is that the holder not angle on waters listed in Schedule D unless the holder is

(a) under 16 years of age,

(b) 65 years of age or older, or

(c) a disabled resident who holds a valid angling licence issued under the Act.

[en. B.C. Reg. 90/96, s. 1 (a); am. B.C. Reg. 33/2004, s. 2.]

Repealed

7–8 Repealed. [B.C. Reg. 72/97, s. 6.]

Qualifications for an angling guide licence

9 (1)  A person who is an angling guide must have public liability insurance, in an amount of not less than $2 million, that is

(a) applicable to his or her angling guide business, and

(b) in effect during the period for which the angling guide will operate.

(2)  A person under 19 years of age is not eligible for an angling guide licence.

(3)  An applicant for an angling guide licence or assistant angling guide licence is required to satisfy the regional manager that, with respect to angling in the region where the applicant intends to guide, he or she has a working knowledge of the Act and regulations and the Fisheries Act (Canada) and its regulations.

[en. B.C. Reg. 72/97, s. 7; am. B.C. Reg. 167/97, s. 3; 405/2008, s. 1.]

Application for an angling guide licence

10 (1)  For each region of the Province in which an applicant for an angling guide licence proposes to guide for fish, the applicant must complete and submit an application in a manner satisfactory to the regional manager

(a) by May 31 where the waters and terms and conditions covered by the application are the same as those in the licence for the preceding year, or

(b) by January 15 where paragraph (a) does not apply.

(2)  Notwithstanding subsection (1), the regional manager may consider applications submitted after the dates specified in subsection (1) (a) or (b) where the operating plan of the applicant is consistent with the management practices of the water or area and a $50 payment is received to help defray the cost of processing the late application.

Allocation of angler day quotas

11 (1)  Subsections (1.1) to (2) apply with respect to angler day quota for classified waters.

(1.1)  Subject to subsection (1.2), a regional manager may allocate angler day quota to an angling guide by issuing a certificate to the angling guide only if

(a) a management plan applies to the classified water for which angler day quota is to be issued,

(b) the allocation is in accordance with

(i)  the management plan, and

(ii)  the requirements of this section, and

(c) the period for which the angler day quota allocated is 20 years or less.

(1.2)  A regional manager must use one of the following processes for allocating angler day quota for classified waters:

(a) a process that requires an angling guide to bid for angler day quota for one or more classified waters by sealed tender or auction;

(b) a process that requires an angling guide to submit a written proposal for the use of angler day quota;

(c) a process that requires an angling guide to submit a sealed tender referred to in paragraph (a), together with a written proposal, as referred to in paragraph (b).

(2)  A regional manager may renew or extend the period for which angler day quota is allocated to an angling guide, if

(a) the angling guide submits to the regional manager an application, in the form required by the regional manager, for renewal of the angler day quota, and

(b) at least 1/2 of the term of the existing angler day quota has elapsed.

(3)  For each water specified in Schedule A for which a regional manager is responsible, the regional manager must not allocate

(a) angling guide licences for the licence year in excess of the number set out in column 2 of Schedule A next to that water, or

(b) guided angler days in the period set out in column 4 of Schedule A in excess of the number set out in column 3 of Schedule A next to that water.

(4)  A regional manager may exempt a class of angler from the application of subsection (3) (b) in respect of a water in a region specified by the regional manager in the exemption.

[en. B.C. Reg. 40/2005, s. 1; am. B.C. Reg. 12/2006, s. 2.]

Adjustments to allocated angler day quotas

11.1 If a number in Column 3 of Schedule A is revised downward so that the existing allocation of guided angler days during the period set out opposite in Column 4 exceeds the maximum allowable in Column 3, the regional manager within whose region the classified water is located must adjust the allocation of guided angler day quotas

(a) by any method agreed upon by the regional manager and all of the affected angling guides, or

(b) by applying the following:

(i)  first, by reducing any unused guided angler day quotas that are part of an existing allocation;

(ii)  secondly, if needed, by subtracting the remaining excess guided angler days from each guide according to the percentage of angler days each guide retained after the adjustment under subparagraph (i).

[en. B.C. Reg. 72/97, s. 9.]

Cancellation, suspension or variation of angler day quota

11.2 Subject to section 11.3, a regional manager may cancel, suspend or vary angler day quota held by a person if the person

(a) fails to use substantially all of his or her angler day quota, without reasonable excuse, or

(b) contravenes the Act or this regulation.

[en. B.C. Reg. 12/2006, s. 3.]

Hearing

11.3 (1)  A regional manager may cancel, suspend or vary angler day quota under section 11.2 only after holding a hearing.

(2)  The regional manager must give reasonable notice of the time and place for the hearing to the person who holds the angler day quota that is to be considered at the hearing.

(3)  Section 101 (3) of the Act applies to a notice required under subsection (2).

[en. B.C. Reg. 12/2006, s. 3.]

Fees for angler day quota

11.4 (1)  A person who holds angler day quota must pay annually, for each day of angler day quota held, the applicable fee and conservation surcharge set out in Schedule C.1.

(2)  A person referred to in subsection (1) must pay

(a) 45% of the amount required under that subsection

(i)  on the date of application for an angling guide licence, if the person applies on or before May 30 for an angling guide licence for the first time or for an angling guide licence that has different terms and conditions from the immediately prior licence held by that person, or

(ii)  by May 31, in all other cases, and

(b) the remainder of the amount required by September 30.

[en. B.C. Reg. 12/2006, s. 3.]

Angling guide fees

12 (1)  The successful applicant for a licence to guide for fish must pay the applicable fee as follows:

(a) for an angling guide: $400 plus a conservation surcharge of $50;

(b) for an assistant angling guide: $130 plus a conservation surcharge of $20;

(c) for an increase in angler day quota through transfer from another guide: $300.

(2)  Repealed. [B.C. Reg. 12/2006, s. 4 (b).]

[en. B.C. Reg. 72/97, s. 10; am. B.C. Regs. 34/2004; 12/2006, s. 4.]

Conditions of licence

13 (1)  The conditions of an angling guide licence are that the holder

(a) Repealed. [B.C. Reg. 72/97, s. 11.]

(b) report to the regional manager on or before the date specified in his licence,

(i)  the number of resident, non-resident and non-resident alien angler days guided,

(ii)  the species, number and location of fish caught by each class of person the holder or the holder's assistant guides have guided for fish, and

(iii)  the classified waters licence number of each guided angler on a classified water,

(c) not transfer the angler day quota or other rights under the licence to another person without the prior written approval of the regional manager of the region to which the licence applies, or

(d) use substantially all of the holder's angler day quota or have a reasonable excuse for failing to do so.

(2)  It is a condition of an angling guide licence and of an assistant angling guide licence that the angling guide or assistant angling guide not accompany or assist a non-resident or non-resident alien angling on classified waters unless

(a) the non-resident or non-resident alien is included in the angler day quota of an angling guide, or

(b) the holder of the licence has obtained the prior written approval of the regional manager to so accompany or assist.

(3)  If a regional manager issues an angling guide licence to an angling guide who has been allocated an angling guide quota for classified waters, the regional manager may attach conditions to the licence in respect of the classified waters that

(a) limit the period of time and the area in which the angling guide may guide,

(b) limit the species for which the angling guide may guide, and

(c) require, in addition to the requirements of subsection (1) (b) (ii), that the angling guide report

(i)  the size and sex of fish caught by persons the angling guide, or his or her assistant angling guides, have guided, and

(ii)  the name and licence number of each guided angler who has taken fish from the classified waters.

[am. B.C. Regs. 72/97, s. 11; 12/2006, s. 5.]

Sale of fish prohibited

14 (1)  No person shall sell, barter or attempt to sell or barter fish caught by angling in the non-tidal waters of the Province.

(2)  Subsection (1) does not apply to a person who is the operator of premises licensed under the Fisheries Act to culture fish if it is those fish that are to be sold or bartered.

Fish roe

15 (1)  No person shall possess salmon roe or trout roe in an amount greater than 1 kg unless

(a) the roe was obtained from a commercial source that lawfully obtained that roe, or

(b) the person also has in his or her lawful possession fresh dressed salmon or trout, as the case may be, that was capable at the time it was caught of providing a quantity of roe exceeding 1 kg.

(2)  Subsection (1) does not apply to roe a person possesses at his or her private residence or in circumstances to which the laws of the Province do not apply.

Dressing or packing of fish

16 (1)  No person shall dress or pack a fish caught by angling in the non-tidal waters of the Province in a manner that obscures the means of identifying the species, number or size of fish caught.

(2)  Subsection (1) does not apply to the dressing or packing of fish

(a) by a person at that person's private residence, or

(b) in circumstances to which the laws of the Province do not apply.

Catch record

17 A person who catches and retains any of the following fish shall immediately record, in ink, in the space provided on the back of the basic angling licence, the year, month, day and region in which the fish was caught:

(a) a steelhead from the non-tidal waters of the Province;

(b) a rainbow trout that measures more than 50 cm from the tip of the nose to the fork of the tail from Kootenay Lake east of a line between fishing boundary signs on opposite shores at Balfour Point and Proctor Lighthouse;

(c) Repealed. [B.C. Reg. 36/95, s. 1 (c).]

(d) an adult chinook salmon from the non-tidal waters of the Province;

(e) a rainbow trout that measures more than 50 cm from the tip of the nose to the fork in the tail from Shuswap Lake;

(f) a char that measures more than 60 cm from the tip of the nose to the fork in the tail from Shuswap Lake.

[en. B.C. Reg. 88/94, App. II, s. 4; am. B.C. Reg. 36/95, s. 1 (c).]

Repealed

17.1 Repealed. [B.C. Reg. 88/94, App. II, s. 4.]

Collecting permit

18 (1)  A person who

(a) Repealed. [B.C. Reg. 154/92, s. 5.]

(b) collects fish for scientific purposes

may be granted a permit under this section by a regional manager.

(2)  A holder of a permit under this section is exempt from the Act and the regulations under the Act, except this section, while acting in accordance with the permit to take fish on any water in the Province and in any manner authorized by the permit provided that the permit holder complies with each term and condition of the permit.

(3)  The fee for a permit to collect fish for scientific purposes is $25.

(4)  Despite subsection (3), no fee is payable for a permit issued to a person under this section authorizing the person to collect fish for non-profit scientific research purposes.

[am. B.C. Regs. 154/92, s. 5; 12/2006, s. 6.]

Offences

19 It is an offence for a person

(a) to angle on waters during periods specified for those waters in column 4 of Schedule A unless the person has in force all licences and permits required by the Act or regulations under that Act to fish those waters,

(b) being an angling guide or assistant angling guide, to act as a guide for fish for a person on waters if the person being guided does not possess a valid classified waters angling licence for those waters,

(c) being an angling guide, to guide for fish for a person on waters not specified in his or her angling guide licence,

(d) being an assistant angling guide, to guide for fish for a person on waters not specified in the licence of the employer angling guide,

(e) being an angling guide on classified waters, to fail to submit the report as specified in section 13 (1) (b) within 30 days of notification by registered mail to do so,

(f) to contravene section 14,

(g) to contravene section 15,

(h) to contravene section 16,

(i) to contravene section 17,

(j) Repealed. [B.C. Reg. 88/94, App. II, s. 5.]

(k) to fail to comply with the reporting conditions of an angling guide licence specified in section 13 (1) (b) or under section 13 (3) (c), or

(l) to fail to comply with a condition of an angling guide licence or an assistant guide licence specified in section 13 (1) (c) or (2) or under section 13 (3) (a) or (b).

[am. B.C. Regs. 154/92, s. 6; 88/94, App. II, s. 5; 72/97, s. 12; 20/2001.]