General Fisheries (Alberta) Regulation

(Consolidated up to 195/2022) ALBERTA REGULATION 203/97 Fisheries (Alberta) Act GENERAL FISHERIES (ALBERTA) REGULATION Table of Contents 1 Interpretation Part 1 Licences 2 Licence categories 4 Transfer of licence 5 Activities under another ’ s licence 5.1 Authority to conduct activities under a licence 6 Replacement for lost or destroyed sportfishing licence 7 Licensing exemptions 8 Live bait fish and live crayfish 9 Trafficking in fish 9.1 Eligibility for sportfishing licence Sportfishing and Other Fishing 10 Sportfishing licence exemptions 11 Sportfishing 14 Special fishing licence 14.1 Special fish harvest licence 18.1 Ice fishing shelters 19 Possession of game fish 19.05 Fishing‑related restrictions Competitive Fishing 19.1 Qualifications for licence application 19.2 Notice to participants 19.25 Representatives of licensee 19.3 Active participation and holding out 19.4 Participant exemptions and prevalence of terms and conditions Commercial Fishing 22 Commercial bait fishing licence — authorization 22.1 Sale of fish taken under commercial licence Salvage Fishing 24 Salvage fishing licence Domestic Fishing 25 Domestic fishing licence Fish Stocking 26 Fish stocking licence Fish Culture 26.1 Placing, keeping, etc., of cultured fish 27 Fish culture licences 28.1 Fish Health Management Plans 29 Applications respecting fish culture licences 30 Propagation of live cultured fish for human consumption 31 Commercial fish culture premises restrictions 31.1 Disposal and possession of live fish from recreational premises 33 Fish culture licences and specific source and contained waters 34 Discharge of water by fish culture licensee 35 Residence requirement for fish culture licences 36 Aquatic species import licence requirement for certain importations 37 Acquisition of live cultured fish or eggs by fish culture licence holder 38 Use of chemicals to capture or kill cultured fish 39 Fish stock from public water 40 Report of discovery of diseased or escaped fish 40.1 Aquatic species import licence Research 41 Research licence Invasive Species Possession Licence 47.1 Invasive species possession licence Part 2 Fish Handling and Quality 51 Importation of fish for human consumption and receptacle marking 52 Fish unfit for human consumption 57 Game fish possession requirements against spoilage 58 Setting of gill net requirements 59 Handling, marketing, etc., of fish illegally dealt with 60 Transportation of game or cultured fish Part 3 Expiry 62 Expiry Interpretation 1 (1) In this Regulation, (a) repealed AR 34/2016 s2; (b) repealed AR 238/2020 s2; (c), (d) repealed AR 34/2016 s2; (e) “Director” means an employee under the administration of the Minister designated as the Director responsible for fisheries management; (f) repealed AR 34/2016 s2; (g) “fish culture premises” means a location where cultured fish are kept alive for the purpose of propagation or rearing or both; (h) repealed AR 34/2016 s2; (i) repealed AR 165/2006 s2; (i.1) “licensee” means a person who holds a valid licence of a type referred to in section 2; (j) “mesh size” means, in respect of a net, the distance between the diagonally opposite angles of a single mesh measured (i) after the net has been immersed in water for at least 30 minutes, and (ii) with the mesh extended without straining the twine; (k) “Ministerial Regulation” means the Fisheries (Ministerial) Regulation (AR 220/97) under the Fisheries (Alberta) Act ; (k.1) “non‑resident Canadian” means an individual who is a resident of Canada and who makes that individual’s home and is ordinarily present in a province or territory of Canada other than Alberta; (k.2) “non‑resident of Canada” means an individual who is not a resident of Canada; (l) repealed AR 34/2016 s2; (m) “resident of Alberta” means (i) an individual who makes his home in Alberta and is ordinarily present in Alberta, (ii) a partnership, if at least one of the partners makes his home in Alberta and is ordinarily present in Alberta, or (iii) a corporation that is lawfully carrying on business in Alberta; (n) “resident of Canada” means a person who (i) is a Canadian citizen or is a permanent resident as defined in the Immigration and Refugee Protection Act (Canada), or (ii) has resided in Canada for the 12‑month period immediately preceding the date of the person’s application for a licence or the date the person begins to fish; (n.1) “retain” means, in relation to a fish, continue to have possession of the fish in circumstances where the person who took the fish has failed or declined to return it immediately to the waters from which it was taken; (o) repealed AR 34/2016 s2; (o.1) “take”, used with reference to fish, includes catch and, used with reference to invasive organisms, includes collect; (p) repealed AR 165/2006 s2; (q) repealed AR 74/98 s2; (r) repealed AR 34/2016 s2; (s) “veteran” means an individual who has been honourably discharged after serving as a member of the Canadian Armed Forces. (2) Definitions and other general interpretation provisions, if any, in the Ministerial Regulation apply with respect to the interpretation of this Regulation. AR 203/97 s1;74/98;165/2006;288/2009;65/2014;34/2016; 238/2020;195/2022 Part 1 Licences Licence categories 2 The following are the categories of licences: (a) sportfishing licences: (i) sportfishing licence: (A) for a resident of Alberta; (A.1) for a resident of Alberta who is a veteran; (B) with a term that expires on March 31 following the date of its issue for a non‑resident Canadian; (C) with a term of 7 days for a non‑resident Canadian; (D) with a term of one day for a non‑resident Canadian; (E) with a term that expires on March 31 following the date of its issue for a non‑resident of Canada; (F) with a term of 7 days for a non‑resident of Canada; (G) with a term of one day for a non‑resident of Canada; (ii) repealed AR 195/2022 s3; (iii) special fish harvest licence; (iv) fishing guide licence; (b) repealed AR 74/98 s2; (c) repealed AR 238/2020 s3; (c.1) special fishing licence; (d) commercial bait fishing licence; (e) fish culture licences: (i) recreational fish culture licence; (ii) commercial fish culture licence; (iii), (iii.1) repealed AR 238/2020 s3; (iv) repealed AR 34/2016 s3; (f) repealed AR 34/2016 s3; (f.1) aquatic species import licence; (g) research licence; (h) fish stocking licence; (i) salvage fishing licence; (j) domestic fishing licences: (i) Metis domestic fishing licence; (ii) domestic fishing licence; (k) competitive fishing event licence; (l) invasive species possession licence. AR 203/97 s2;74/98;214/2002;147/2006;165/2006;65/2014; 34/2016;238/2020;195/2022 3 Repealed AR 238/2020 s4. Transfer of licence 4 (1) The Minister may, on the surrender of a licence by a licensee, approve the transfer of the licence to another person. (2) The Minister may, in a licence that is to be transferred, (a) delete or alter any terms or conditions of the licence, (b) include additional terms and conditions in the licence, and (c) alter the term of the licence if the term does not or is not to expire on the date set out in section 14(1) of the Act. AR 203/97 s4;34/2016;238/2020 Activities under another’s licence 5 (1) In this section and in section 5.1, “instrument” means an instrument referred to in section 18(1)(b) of the Act. (1.1) Subject to subsection (6), an instrument must be in writing, authorized by the Director and state who is authorized to conduct activities pursuant to the licence. (2) An instrument may only be authorized by the Director with respect to a special fishing licence. (2.1) Repealed AR 67/2008 s3. (3)-(5) Repealed AR 238/2020 s6. (6) Where the licence in question is a competitive fishing event licence, the instrument is any document issued by the licensee that (a) indicates that the individual in question has been recorded for the purposes of section 2(1)(a.3) of the Ministerial Regulation, and (b) includes an acknowledgement, in the form required by the Director and signed by that individual, that that individual has been given a copy of and will comply with all the terms and conditions of the competitive fishing event licence that apply to the individual. AR 203/97 s5;204/2005;165/2006;67/2008;34/2016; 238/2020;195/2022 Authority to conduct activities under a licence 5.1 (1) A person who is not the licensee shall not conduct any activity pursuant to a licence unless that person (a) is the person who is identified in the instrument under section 5(1.1) or (6), as the case may be, or (b) is specifically authorized to do so by or under the Act or this Regulation. (2) A licensee shall not allow the licence to be used by another person in a manner that involves a contravention of subsection (1). AR 34/2016 s7;238/2020 Replacement for lost or destroyed sportfishing licence 6 If a sportfishing or special fishing licence is lost or destroyed, the licensee may apply to the Minister for a replacement licence. AR 203/97 s6;34/2016;238/2020;195/2022 Licensing exemptions 7 A licence that authorizes fishing is not required for fishing (a) in contained waters, or (b) in water in which fish are lawfully held live under the authority of a licence for that location. AR 203/97 s7;34/2016;238/2020 Live bait fish and live crayfish 8 (1) A person shall not be in possession of live bait fish or live crayfish (a) unless they are possessed as specifically authorized under the authority of a research licence, or (b) if imported, unless they are held in contained waters as pets or for sale as pets. (2) A person is not in possession of fish for the purposes of subsection (1) if, in the course of fishing, it is immediately returned to the waters from which it is taken and is released in a manner that causes it the least harm. (3) A person does not require a licence to fish for crayfish by means other than with a hook and line provided that such fishing is not prohibited by any other law. (4) Repealed AR 238/2020 s10. AR 203/97 s8;204/2005;238/2020 Trafficking in fish 9 (1) Repealed AR 34/2016 s9. (2) A licence other than a fish culture licence authorizes the licensee to sell fish taken under the licence or held live under the licence if (a) the regulations state that the sale is allowed, or (b) a term or condition included in the licence under section 13(2) of the Act specifically authorizes the sale of those fish. (3) Repealed AR 34/2016 s9. (4) A person shall not knowingly buy, sell or attempt to buy or sell fish (a) that have not been taken pursuant to a licence that authorizes the buying or selling, as the case may be, of the fish, or (b) that are represented or held out by any person as having been taken, or as being sold or disposed of, in contravention of any provision of the Act or the Fisheries Act (Canada). AR 203/97 s9;204/2005;34/2016;238/2020 Eligibility for sportfishing licence 9.1 A person may obtain a sportfishing licence if, and only if, that person is the holder of a valid wildlife identification number card within the meaning of the Wildlife Regulation (AR 143/97) issued by or on behalf of a person referred to in section 3(2) of the Ministerial Regulation. AR 74/98 s3;195/2022 Sportfishing and Other Fishing Sportfishing licence exemptions 10 (1) The following persons do not require a sportfishing licence when they engage in sportfishing: (a) a person who is under 16 years of age; (b) a person who is a resident of Canada, who is 65 years of age or older and whose primary residence is in Alberta; (c) a person who is a member of a group that is named in a special fishing licence that authorizes that fishing; (d) a person who is authorized under the Fisheries Act (Canada) to engage in sportfishing in Alberta without having been issued a sportfishing licence; (e) any person sportfishing on the following day or days: (i) if July 1 falls on a Saturday, July 8 or 9, or both; (ii) if July 1 falls on a Sunday, July 7 or 8, or both; (iii) if July 1 falls on any day other than a Saturday or Sunday, the 2nd Saturday or Sunday, or both, of July; (f) any person sportfishing on Alberta Family Day or on the Saturday or Sunday immediately preceding Alberta Family Day or any or all of those days. (2) A person who is sportfishing in Cold Lake or Primrose Lake and holds a valid angling licence issued pursuant to the Fisheries Act (Saskatchewan), 1994 does not require a sportfishing licence while sportfishing. (3) For the purposes only of construing the definition of “sportfishing” in subsection 1(1) of the Alberta Fishery Regulations, 1998 (Canada) (SOR/98‑246), the concept of fishing under the authority of “any licence issued under the provincial Act other than a Sportfishing Licence” is to be deemed to refer to lawful fishing specifically under the authority of any licence (issued under the Act) other than a licence designated as a sportfishing licence in section 2(a). AR 203/97 s10;94/2001;12/2002;67/2008;34/2016;238/2020; 195/2022 Sportfishing 11 A person who holds a sportfishing licence or a person described in section 10(1) or (2) shall not sell the fish taken while sportfishing or otherwise engage in sportfishing for commercial purposes, but may engage in sportfishing for non‑commercial purposes. AR 203/97 s11;34/2016 12 Repealed AR 74/98 s4. 13 Repealed AR 238/2020 s13. Special fishing licence 14 (1) The Minister may issue a special fishing licence authorizing an organized group to engage in fishing for non‑commercial purposes. (2) A person who is a member of a group that is named in a special fishing licence shall not sell the fish taken while fishing or otherwise engage in fishing for commercial purposes. AR 203/1997 s14;238/2020;195/2022 Special fish harvest licence 14.1 (1) The Minister may issue a special fish harvest licence authorizing its holder, subject to this section and all other applicable laws and in accordance with the conditions of the licence, to retain fish that were taken (a) by means of lawful sportfishing, (b) from bodies of water specified by the Minister in the licence, and (c) during the periods specified in the licence, being fish that are of the species and within the maximum number and, if applicable, the maximum or minimum or the maximum and minimum sizes so specified. (2) The Minister may limit in any manner the distribution of special fish harvest licences to be issued. (3) A special fish harvest licence may be issued only to an individual who is a resident of Alberta who (a) holds a sportfishing licence or is another person described in section 10(1)(a), (b), (c) or (d), and (b) whether or not section 9.1 applies to that individual, is the holder of a valid wildlife identification number card referred to in section 9.1. (4), (5) Repealed AR 238/2020 s15. (6) Subject to this section, a person shall not retain or after retention be in possession of a fish for whose retention a special fish harvest licence is required unless, and may retain or so possess it if, the person retaining it (a) was sportfishing lawfully under the authority of a valid special fish harvest licence appropriate for that fish, or (b) was a person described in section 10(1)(a) and was sportfishing lawfully under the authority of a special fish harvest licence appropriate for that fish held by a licensee who was present during the sportfishing. (7) Subsection (6) does not prohibit the possession by a person who received the fish as a gift if the fish was lawfully taken pursuant to this section. (8), (9) Repealed AR 238/2020 s15. AR 147/2006 s3;238/2020 15, 16 Repealed AR 238/2020 s16. 17 , 18 Repealed AR 74/98 s4. Ice fishing shelters 18.1 (1) In this section, (a) “ice fishing shelter” means a structure placed on an ice-covered body of water that is used for the purpose of shelter while fishing through the ice; (b) “owner” includes (i) a person who placed an ice fishing shelter on an ice-covered body of water, (ii) a person who is responsible for an ice fishing shelter, and (iii) a person who left an ice fishing shelter unattended. (2) No person shall leave an ice fishing shelter unattended for 24 hours or more without clearly and permanently writing on the outside surface of the shelter the wildlife identification number or name and telephone number of an owner of the ice fishing shelter. (3) The writing in subsection (2) must be (a) at least 2.5 cm high, and (b) in a colour that contrasts with the ice fishing shelter’s colour. (4) Each owner of an ice fishing shelter shall ensure that the shelter is removed (a) on or before March 31 if the shelter is placed on a body of water vested in the Crown in right of Alberta other than a body of water within Fisheries Management Area PP1, or (b) on or before March 15 if the shelter is placed on a body of water vested in the Crown in right of Alberta within Fisheries Management Area PP1. (5) Notwithstanding subsection (4), where a fishery officer determines that ice break-up is likely to occur imminently, the officer may direct an owner of an ice fishing shelter to remove the shelter from a body of water. (6) The owner of an ice fishing shelter who is directed to remove the shelter under subsection (5) shall remove it immediately. AR 195/2022 s10 Possession of game fish 19 (1) Subject to this section, no person shall have in his possession other than at his permanent residence any game fish that is skinned, cut or packed so that (a) the species of fish cannot be readily identified, (b) the number of fish cannot be readily determined, and (c) in the case of fish to which minimum or maximum length limits apply, the length of the fish cannot be readily determined. (2) For the purposes of subsection (1), 2 pieces of fish flesh must be counted as one fish. (3) Subsection (1) does not apply to (a) the skin, fins or eyes removed from game fish which may lawfully be used as bait, (b) fish that are not being transported that are being prepared for immediate consumption, and (c) the possession of game fish that have been lawfully (i) acquired from a jurisdiction outside of Alberta or from a National Park of Canada, (ii) taken and retained under the authority of a licence other than a sportfishing licence, or (iii) removed directly from waters where they were kept under the authority of a fish culture licence. AR 203/97 s19;74/98;204/2005;34/2016;238/2020 Fishing‑related restrictions 19.05 (1) The criteria prescribed for the purpose of section 11(2)(d) of the Act are that the fish were not taken from water vested in the Crown in right of Alberta. (2) A person shall not be in possession of fish to which subsection (1) applies but that were taken from water vested in the Crown in right of Alberta. AR 34/2016 s15 Competitive Fishing Qualifications for licence application 19.1 An applicant for a competitive fishing event licence must be (a) an adult individual who is a resident of Alberta, or (b) a body incorporated, registered or continued under the Business Corporations Act or a body incorporated under the Societies Act . AR 165/2006 s7 Notice to participants 19.2 The holder of a competitive fishing event licence shall give notice to each competitive fishing event participant, before or at the time when that participant is recorded as such, of the terms and conditions of the licence that apply to that participant by providing that participant with a copy of those terms and conditions. AR 165/2006 s7;67/2008 Representatives of licensee 19.25 Notwithstanding anything in this Regulation, the holder of a competitive fishing event licence may designate any assistant referred to in section 18(2) of the Act to carry out any of its clerical duties under the Act and the regulations, including the issuing of instruments referred to in section 5(6) and the giving of notices under section 19.2. AR 67/2008 s6 Active participation and holding out 19.3 (1) In addition to section 11.1(3) of the Act, an individual, whether or not a competitive fishing event participant, who (a) actively takes part or purports or appears to take part in competitive fishing, or (b) holds himself or herself out as a competitive fishing event participant or as a person recorded for the purposes of section 2(1)(a.3) of the Ministerial Regulation, is subject to the terms and conditions of the competitive fishing event licence. (2) An individual referred to in subsection (1) who does not comply with a term or condition of the competitive fishing event licence referred to in subsection (1) is guilty of an offence. (3) An individual referred to in subsection (1) who is a competitive fishing event participant is not guilty of the offence established by subsection (2) if he or she establishes that he or she was not notified of the terms and conditions of the licence. AR 165/2006 s7;34/2016 Participant exemptions and prevalence of terms and conditions 19.4 (1) A competitive fishing event participant, to the extent that that individual is fishing in accordance with all the terms and conditions of the competitive fishing event licence and is otherwise lawfully engaged in fishing, is exempt (a) if applicable (and except to the extent required by those terms and conditions), from section 10(1) of the Act, and (b) from the federal sportfishing rules notwithstanding those rules. (2) In subsection (1)(b), “federal sportfishing rules” means, with reference to the Alberta Fishery Regulations, 1998 (Canada) (SOR/98‑246), Part 3 and the related Schedules, and the interpretation provisions elsewhere of the terms supporting the construction of those provisions. (3) To any extent that the terms or conditions of a competitive fishing event licence are inconsistent with the terms or conditions of any other licence that a competitive fishing event participant may hold, the former prevails against the latter in a competitive fishing event. AR 67/2008 s7 19.5 Repealed AR 195/2022 s11. Commercial Fishing 20, 21 Repealed AR 238/2020 s19. Commercial bait fishing licence — authorization 22 A commercial bait fishing licence authorizes the licensee to engage in fishing for bait fish for commercial purposes in the body of water specified in the licence. AR 203/97 s22;34/2016;238/2020 Sale of fish taken under commercial licence 22.1 To the extent that a licence referred to in section 22 authorizes fishing, that licence is to be taken as authorizing its holder to sell the fish lawfully taken under that licence. AR 34/2016 s17;238/2020 23 Repealed AR 214/2002 s4. Salvage Fishing Salvage fishing licence 24 (1) If a fisheries biologist is of the opinion that fish are about to die, the Minister may issue a salvage fishing licence to a resident of Canada who is 16 years of age or older for the purpose of taking and retaining those fish for non‑commercial purposes. (1.1) If the Director or a person designated by the Director is of the opinion that fish pose an ecological concern, the Minister may issue a salvage fishing licence to a resident of Canada who is 16 years of age or older for the purpose of taking and retaining those fish. (1.2) Fish retained under a licence issued under subsection (1.1) must be disposed of in accordance with any conditions of the licence that are applicable to their disposition. (2) Repealed AR 238/2020 s22. (3) A salvage fishing licence authorizes the licensee to salvage the fish in the body of water and in the manner and in accordance with the conditions specified in the licence. (4) In this section, “fisheries biologist” means an individual employed in the Department as a fisheries biologist. AR 203/97 s24;34/2016;238/2020 Domestic Fishing Domestic fishing licence 25 (1) A domestic fishing licence may be issued if the Minister is satisfied that (a) the applicant is a resident of Alberta who is in dire need of fish for the purposes of providing food for (i) the applicant and members of the applicant’s family living with the applicant, and (ii) animals owned by the applicant or members of the applicant’s family living with the applicant, (b) the applicant is a settlement member who is resident in a settlement area, as defined in the Metis Settlements Act , or (c) the applicant is a recognized Metis harvester under the current version of the document entitled Métis Harvesting in Alberta issued by the Department and accessible on the Department’s website. (1.1) A domestic fishing licence (a) issued under subsection (1)(b) may be used only for the purpose of fishing in accordance with, and subject to the restrictions imposed by, Part 5 of the Metis Settlements Act , or (b) issued under subsection (1)(a) or (c) may be used only for the purpose of providing food for (i) the licensee and members of the licensee’s family living with the licensee, and (ii) animals owned by the licensee or by members of the licensee’s family living with the licensee. (1.2) A Metis domestic fishing licence (a) issued under subsection (1.1)(a) may be used only for the purpose of fishing in accordance with, and subject to the restrictions imposed by, Part 5 of the Metis Settlements Act , or (b) issued under subsection (1.1)(b) may be used only for the purpose of providing food for (i) the licence holder and members of his or her family living with him or her, and (ii) animals owned by the licence holder or by members of his or her family living with him or her. (1.3) The eligibility criteria in subsection (1)(b) and the entitlements and restrictions in subsection (1.1)(a) are to be construed using the interpretation criteria expressed in and underlying the Metis Settlements Act . (2) No person shall possess fish taken under the authority of a domestic fishing licence for purposes other than those described in subsection (1.1). (3) No person shall possess fish taken under the authority of a licence issued under the Fisheries Act (Canada) that authorizes the licensee to take fish solely for the purpose of providing food for the licensee’s personal use or for the use of their immediate family, except for that purpose. (4) The document referred to in subsection (1)(c) is to be treated as incorporated by reference in this Regulation. AR 203/97 s25;214/2002;34/2016;238/2020 Fish Stocking Placing, keeping, etc., of cultured fish 26 (1) A fish stocking licence may be issued by the Minister that authorizes (a) the possession and transport of live cultured fish of a species specifically listed under category 1 of section 1 of Schedule 2 of the Ministerial Regulation, and (b) the placing of live cultured fish of a species mentioned in clause (a) into the bodies of water specified in the licence. (2) A body of water specified in a fish stocking licence may not include (a) contained waters, (b) water that forms part of a premises that is the subject of a fish culture licence, or (c) water that is not accessible to the public. (3) The Minister may refuse the issuance of a fish stocking licence for any reason, including reasons relating to environmental concerns or proposed activities involving the fish. AR 203/97 s26;214/2002;65/2014;238/2020 Fish Culture Placing, keeping, etc., cultured fish 26.1 Subject to any exceptions provided by the Act or this Regulation, a person may place or keep live cultured fish in, or allow such fish to enter, water, but only under the authority of a licence and in accordance with the terms and conditions of that licence and that legislation. AR 65/2014 s7 Fish culture licences 27 (1) A recreational fish culture licensee may acquire and keep those cultured fish specifically listed under Category 1 of section 1 of Schedule 2 of the Ministerial Regulation that are specified in the licence, in the bodies of water and in accordance with the terms and conditions of the licence. (2) Repealed AR 238/2020 s25. (3) Subject to the Public Health Act , a commercial fish culture licensee may acquire, propagate, rear and keep those cultured fish and their live eggs listed in sections 1 and 2.1 of Schedule 2 of the Ministerial Regulation that are specified in the licence, in the waters specified in the licence, during the times and in accordance with the terms and conditions of the licence. (4) Repealed AR 238/2020 s25. AR 203/97 s27;214/2002;204/2005;65/2014;34/2016; 238/2020 28 Repealed AR 238/2020 s26. Fish Health Management Plans 28.1 (1) In this section, “plan” means a Fish Health Management Plan respecting the operation of a commercial fish culture premises that is submitted by an applicant for a commercial fish culture licence. (2) A plan must be submitted in the manner and form required by the Minister. (3) A commercial fish culture licence may be issued for a term that expires on March 31 following (a) the fourth anniversary of the effective date of its issue if a plan in relation to that licence has been approved by the Director for that specific upcoming term, or (b) otherwise, the effective date of its issue. (4) The Director may modify a plan before or after the issuing of a licence. (5) Where a plan has been approved, the commercial fish culture licensee shall operate the premises in accordance with, and follow the conditions of, the approved plan. AR 65/2014 s9;238/2020 Applications respecting fish culture licences 29 (1) The Minister may reject an application if an applicant for a fish culture licence does not provide the relevant information requested by the Minister, including but not limited to the applicant’s status and the intended use of the licence. (2) An applicant who wishes to keep, under a fish culture licence, a species of freshwater‑dwelling fish that is not referred to in section 1 of Schedule 2 of the Ministerial Regulation must satisfy the Director that the kind of fish, the manner of propagating, rearing and keeping the fish and the place where the fish are to be kept does not endanger the health of any other fish, animal or person and is not an ecological threat or genetic danger to other wild or cultured fish. (2.1) An applicant who wishes to keep, under a commercial fish culture licence or a research licence, a species of saltwater‑dwelling fish that is referred to in section 2.1 of Schedule 2 of the Ministerial Regulation must have the authorization to do so of the Director or a person designated by the Director. (2.2) In order to receive the authorization referred to in subsection (2.1), the applicant must satisfy the Director or designated person that the kind of fish, the manner of propagating, rearing and keeping the fish and the place where the fish are to be kept, do not endanger the health of any other fish or other animal or person and are not an ecological threat or genetic danger to other wild or cultured fish. (3) A fish culture licence may be approved only to authorize the keeping of live cultured fish of a species listed in section 1 or 2.1 of Schedule 2 of the Ministerial Regulation. (4) The Director may waive the requirement of subsection (2) or (2.2) if the Director is of the opinion that satisfactory information has already been provided in relation to that species of fish and the fish is defined as a cultured fish in Schedule 2 of the Ministerial Regulation. AR 203/97 s29;65/2014;34/2016;238/2020 Propagation of live cultured fish for human consumption 30 A person shall not propagate live fish that are cultured fish unless (a) the person holds a commercial fish culture licence that authorizes it, or (b) the person does not hold such a licence but receives the fish from the premises of the holder of a commercial fish culture licence and (i) the fish are held in not more than 5 contained waters in a premises identified in a food handling permit under the Food Regulation (AR 31/2006), and (ii) not more than 100 fish are kept in each such contained water. AR 203/97 s30;214/2002;204/2005;65/2014;34/2016; 238/2020 Commercial fish culture premises restrictions 31 (1) No person shall dispose of or sell live fish from a commercial fish culture premises, except to (a) a recreational fish culture licensee, (b) a commercial fish culture licensee, (c) a research licensee, (d) a fish stocking licensee, (e) a person authorized to receive fish under section 30(b), or (f) a person who is authorized to possess the fish in another jurisdiction and who is obtaining the fish for immediate removal from Alberta. (2) No person other than a commercial fish culture licensee or an individual who is gainfully employed to work in a commercial fish culture premises shall fish by angling in those fish culture premises. AR 203/97 s31;214/2002;65/2014;34/2016;238/2020 Disposal and possession of live fish from recreational premises 31.1 No person shall sell or otherwise dispose of or possess live fish that were taken from a recreational fish culture premises. AR 65/2014 s13;238/2020 32 Repealed AR 238/2020 s32. Fish culture licences and specific source and contained waters 33 (1) A fish culture licence may not be issued unless the fish to be kept, reared or grown pursuant to the licence will be held in specific source waters or contained waters. (2) A fish culture licence may not be issued (a) for an area of water exceeding 640 contiguous acres, or (b) if, in the opinion of the Director, the licence would interfere with any other use of the water. AR 203/97 s33;34/2016 Discharge of water by fish culture licensee 34 A fish culture licensee shall not allow water used in the fish culture premises to be discharged where the water would either directly or indirectly enter a body of water where fish may be present unless (a) the body of water is within the licensee’s licensed premises, or (b) the water that is discharged is treated to the satisfaction of the Director. AR 203/97 s34;34/2016;238/2020 Residence requirement for fish culture licences 35 A person must be a resident of Alberta to apply for or hold a recreational fish culture licence or a commercial fish culture licence. Aquatic species import licence requirement for certain importations 36 A person shall not import live fish or live fish eggs of a species specifically listed under Category 1 or Category 2 of section 1 or in section 2.1 of Schedule 2 to the Ministerial Regulation unless that person has an aquatic species import licence that authorizes that importation and unless those fish or eggs, as the case may be, are destined to (a) a facility whose owner holds that licence and where that licence authorizes their keeping, or (b) another location where they may be legally possessed. AR 203/97 s36;65/2014;34/2016;56/2019 Acquisition of live cultured fish or eggs by fish culture licence holder 37 No fish culture licensee shall acquire any live cultured fish or live eggs of a cultured fish unless they are obtained from (a) a commercial fish culture licensee who is authorized to sell the fish or fish eggs in accordance with section 27, (b) a fish culture facility outside of Alberta that is approved by the Director, (c) a Government fish culture facility with the approval of the Director, or (d) a research licensee and the research licence under which the fish are held authorizes the transfer of the fish. AR 203/97 s37;34/2016;238/2020 Use of chemicals to capture or kill cultured fish 38 No person shall use a chemical to capture or kill cultured fish unless use of the chemical is expressly authorized under the Fish Toxicant Regulations (SOR/88‑258) under the Fisheries Act (Canada). AR 203/97 s38;34/2016 Fish stock from public water 39 No person shall take, use or attempt to use live fish or fish eggs taken from water vested in the Crown in right of Alberta for stocking a fish culture premises unless authorized to do so by a licence. AR 203/97 s39;34/2016;238/2020 Report of discovery of diseased or escaped fish 40 A fish culture licensee, the person in charge of live fish at a licensed fish culture premises, a research licensee who possesses live fish or the holder of a food handling permit under the Food Regulation (AR 31/2006) in charge of a food establishment where live cultured fish are possessed must, immediately on discovery of diseased fish at the premises or in that person’s possession, or immediately on discovery of an escape of fish, report that fact to the Director. AR 203/97 s40;214/2002;204/2005;65/2014;34/2016;238/2020 Aquatic species import licence 40.1 (1) An aquatic species import licence may be issued under section 12(1) of the Act to a person to import live cultured fish referred to in section 36 provided that they are to be immediately transported to a location identified in section 36(a) or (b). (2) An aquatic species import licence may be issued to allow the importation of invasive organisms the possession of which is prohibited by section 11.02(1) of the Act without a licence if (a) the importation is for the purposes of research or education, (b) the applicant submits a written plan describing the purposes of the importation, (c) the plan referred to in clause (b) has been approved by the Director or a person designated by the Director, and (d) a licence has been issued prior to the importation that authorizes the possession of the invasive organisms at a specific location in Alberta. AR 34/2016 s30 Research Research licence 41 (1) A research licence authorizes the licensee (a) to fish or collect invasive organisms, (b) to possess live fish or invasive organisms live or dead if the licence specifically authorizes it, in accordance with the conditions stated in the licence, and (c) to carry out any other activities allowed by terms or conditions included in the licence under section 13(2) of the Act. (2) A research licence may be issued for research or educational purposes to a person who submits a plan that has been approved by the Director or a person designated by the Director. AR 203/97 s41;65/2014;34/2016;238/2020 42 Repealed AR 34/2016 s33. 43 to 47 Repealed AR 34/2016 s35. Invasive Species Possession Licence Invasive species possession licence 47.1 (1) The Minister or a person authorized by the Minister may issue an invasive species possession licence to a person (a) whose possession of an invasive organism would, but for the holding of that licence, constitute a contravention of section 11.02(1) of the Act, and (b) who reported to the Director the fact of the contravention, or what would be such a contravention, as soon as the person became aware of the facts underlying that contravention or would be contravention. (2) An invasive species possession licence authorizes the licensee to possess the specific invasive organism referred to in subsection (1). (3) An invasive species possession licence may be issued only once to a person referred to in subsection (1) and is not renewable. AR 34/2016 s36;238/2020 Part 2 Fish Handling and Quality 48 to 50 Repealed AR 34/2016 s37. Importation of fish for human consumption and receptacle marking 51 (1) With the exception of fish previously purchased by the Corporation, a person shall not import into Alberta any fish intended for human consumption that were taken by a commercial fisher, as defined in section 1(1)(b)(ii) of the Act, unless (a) they are in a receptacle that is labelled in accordance with subsection (2), and (b) there is a record with respect to the fish described in section 29 of the Act. (2) A receptacle required by subsection (1)(a) must be clearly marked at both ends (a) with the lake of origin of the fish, (b) with the common name of the fish, (c) with the net weight of the fish in the receptacle, (d) with the day, month and year the fish were packed, (e) with the name and address of the person, other than the person referred to in subsection (1), by or for whom the fish is produced or packed or by whom it is distributed, and (f) in the case of whitefish, in accordance with the Fish Inspection Regulations (C.R.C., c.802) under the Fish Inspection Act (Canada). (3) A person shall not mark a receptacle required by subsection (1)(a) in a manner that the person knows is false, misleading or deceptive. AR 203/97 s51;251/2001;34/2016 Fish unfit for human consumption 52 (1) A person shall not process, transport or conduct any transaction dealing with fish that is intended for human consumption if (a) that fish has a rancid, abnormal, offensive or objectionable odour or flavour or a textural defect associated with spoilage, or (b) an executive officer or inspector under the Public Health Act or an inspector of the Corporation has communicated his or her opinion that that fish is unfit for human consumption. (2) A person who transports fish, other than fish offal, for disposal as waste or for sale for other than human consumption must transport it in receptacles that are labelled as containing fish unfit for human consumption. AR 203/97 s52;34/2016 53 - 56 Repealed AR 238/2020 s39. Game fish possession requirements against spoilage 57 (1) No person who is in possession of a game fish shall allow its edible flesh to be wasted, destroyed, spoiled or abandoned. (2) This section does not apply to (a) repealed AR 34/2016 s41, (b) fish taken or held under the authority of a research licence unless specified otherwise in conditions attached to the licence, (c) the disposal of fish at the direction of a fishery officer, (d) fish that undergo taxidermy, and (e) fish kept under a fish culture licence. AR 203/97 s57;34/2016 Setting of gill net requirements 58 (1) No person shall set a gill net unless the person removes any fish from the net (a) at least once each day after the day it is set if the net is set in water that is not covered with ice, (b) at least once every 48 hours after it is set if the net is set in ice‑covered water, or (c) notwithstanding clauses (a) and (b), within the period or periods, if any, specified in the licence or in any attachment to the licence. (1.1) Subsection (1) does not apply to a person who is lawfully taking cultured fish. (2) Notwithstanding subsection (1), a fishery officer may order a person who sets a gill net to (a) remove any fish from the net at any time, and (b) remove any net or set line from any water. (3) Repealed AR 34/2016 s42. AR 203/97 s58;214/2002;34/2016 Handling, marketing, etc., of fish illegally dealt with 59 (1) A person shall not knowingly handle, market, process, store, transport, preserve, dispose of or sell fish taken, sold or disposed of contrary to this Act or the Fisheries Act (Canada). (2) The fish referred to in subsection (1) include fish represented or held out by a person as having been taken, or as being sold or disposed of contrary to this Act or the Fisheries Act (Canada). AR 203/97 s59;34/2016 Transportation of game or cultured fish 60 (1) No person shall transport or cause to be transported any game fish or cultured fish in a conveyance unless (a) the person is carrying a bill of lading signed by the licensee or an invoice issued by a commercial fish culture licence holder who sold the fish, (b) the person has taken or kept the fish pursuant to a licence, or (b.1) the fish are live cultured fish that are the subject of an aquatic species import licence or a fish stocking licence and are being transported to the destination indicated in that licence and the transporter is carrying a copy of that licence. (c) repealed AR 238/2020 s40. AR 203/97 s60;238/2020 (2) Subsection (1) does not apply (a) to fish that have been sold by a restaurant or a retail outlet, other than a licensed fish culture facility; (b) to a person who is carrying a statement described in section 29 of the Act that includes the date that the fish were taken or sold; (c) to a taxidermized fish. (3) The bill of lading or invoice described in subsection (1) must set out (a) the type and number of the licence under which the fish were taken or kept, (b) the quantity and species of the fish, (c) the points of origin and destination of the fish, and (d) the date on which the fish is to be transported. (4) A person who transports game fish or cultured fish must, when requested by a fishery officer, produce to the fishery officer the licence pursuant to which the fish were taken or kept or the invoice or bill of lading required under this section. AR 203/97 s60;65/2014;34/2016;56/2019;238/2020 Part 3 Expiry 61 Repealed AR 34/2016 s46. Expiry 62 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be re‑passed in its present or an amended form following a review, this Regulation expires on October 31, 2026. AR 203/97 s62;214/2002;182/2012;170/2014;150/2015; 34/2016 63 Repealed AR 34/2016 s48. Schedule 1 Repealed AR 238/2020 s41 Schedule 2 Repealed AR 74/98 s6.