Fish Marketing Regulation

Fish Marketing Regulation, M.R. 145/2017 The Fisheries Act , C.C.S.M. c. F90 Regulation 145/2017 Registered November 16, 2017 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Form of fish 3 Trade records 4 Immediate family may sell fish to public 5 Season-end declaration 6 Licence applications and renewals 7 Decision on applications 8 Terms and conditions 9 Term of licence 10 Licence not transferable 11 Suspension or revocation of licence 12 Reconsideration of decision 13 Purchase requirements 14 Fish purchase record 15 Weekly fish purchase summary 16 Fish sale record 17 Monthly fish sale summary 18 Nil report 18.1 Reporting exception 18.2 When reporting exception ends 19 Export record 20 Monthly export summary 21 Nil report 22 Application to special dealers 22.1 Authorized agents 22.2 Who may not be an authorized agent 22.3 Completing and submitting fish purchase records 22.4 Termination of agent's authority 23 Licence applications 24 Application 25 Displaying licence 26 Processing report 26.1 Processing report by licensed fish dealer 27 Nil report 28 Loadslip required 29 Exceptions 30 No marketing of sturgeon or channel catfish 31 Fisher number 32 Forms 33 Electronic submission 34 Repeal 35 Coming into force PART 1 INTERPRETATION Definitions 1(1) The following definitions apply in this regulation. "Act" means The Fisheries Act . («  Loi  ») "applicant" means a person who is applying for a fish dealer licence or a processing facility licence. (Version anglaise seulement) "authorized agent" means a person who has been authorized to purchase fish on behalf of a licensed fish dealer in accordance with section 22.1. (« mandataire autorisé ») "culled fish" means a fish that is not processed because of size, appearance or decay. (« poisson exclu ») "fisher number" means the number assigned to a fisher by the department under section 31. (« numéro de pêcheur ») "person" includes a cooperative, partnership, and unincorporated association or organization. (« personne ») 1(2) For the purpose of this regulation, the principals of an applicant or the holder of a licence issued under this regulation are as follows: (a) if the applicant or licence holder is a corporation, the officers and directors of the corporation; (b) if the applicant or licence holder is a partnership, the partners of the partnership; (c) if the applicant or licence holder is an association of persons or any other organization, the persons who direct the affairs of the association or organization. M.R. 67/2018 Form of fish 2 For the purpose of this regulation, fish can be in one of the following forms: (a) round — unprocessed fish in the form in which it was taken from the water; (b) headless dressed — fish with the head, gills and entrails removed; (c) dressed — fish with the gills and entrails removed; (d) fillets — pieces of fish flesh that have been removed from the carcass by slicing parallel to the spinal column; (e) steaks — pieces of fish flesh that have been cut perpendicular to the spinal column; (f) cheeks — pieces of fish flesh taken exclusively from the cheeks of fish; (g) ground — fish flesh that has been ground or minced. PART 2 FISHERS Trade records 3(1) A fisher who sells or provides fish caught under authority of his or her commercial fishing licence directly to a consumer or a fur farmer must, at the time of transfer, provide a trade record to the consumer or fur farmer on a form provided by the director that contains the following information: (a) the fisher's name, fisher number and the licence number under which the fish were caught; (b) the date of the transfer; (c) the species of fish, its form and its weight in kilograms; (d) [repealed]  M.R. 67/2018 ; (e) the body of water in which the fish was caught; (f) if applicable, the season end declaration number under which the fish were kept by the fisher. 3(2) A fisher must (a) provide the director with a copy of every trade record issued during a month, no later than seven days after the end of that month; and (b) retain a copy of a trade record for two years after it was issued. M.R. 67/2018 Immediate family may sell fish to public 4(1) An immediate family member of a fisher may sell fish caught by the fisher under authority of the fisher's commercial fishing licence directly to a consumer on behalf of the fisher if the fish is sold from the fisher's residence or place of business. 4(2) If an immediate family member is selling fish to a consumer under subsection (1), he or she must (a) provide the consumer with a trade record that complies with the requirements of section 3; and (b) provide the fisher with a copy of every trade record he or she issued. 4(3) In this section, "immediate family member of a fisher" means a spouse, common-law partner, parent, child or sibling of a fisher. M.R. 67/2018 Season-end declaration 5(1) A fisher who holds unsold fish at the end of the season authorized by his or her commercial fishing licence must submit a season-end declaration on a form provided by the director no later than seven days after the end of the season that contains the following information: (a) the fisher's name, fisher number and the licence number under which the fish were caught; (b) the date of the declaration; (c) the species on hand, its form and its weight in kilograms; (d) [repealed]  M.R. 67/2018 ; (e) the body of water in which the fish was caught. 5(2) If a fisher sells fish that was declared on the season-end declaration to a consumer or fur farmer, he or she must record the season-end declaration number on the applicable trade record. M.R. 67/2018 PART 3 LICENSED FISH DEALERS APPLICATIONS FOR FISH DEALER LICENCES Licence applications and renewals 6(1) A person applying for a fish dealer licence or the renewal of a fish dealer licence must provide the director with the following: (a) a completed application on a form approved by the director; (b) the names and addresses of all principals of the applicant; (c) if applicable, the location of every processing facility operated by the applicant; (d) the applicable licence application fee determined under subsection (3); (e) in the case of an application for a new licence, an estimate of the annual value of fish the applicant intends to purchase from fishers if the application is approved; (f) in the case of an application for the renewal of a licence, information about the value of fish purchased during the current term of the licence. 6(2) An applicant must provide any additional information requested by the director. 6(3) The licence application fee payable is as follows: (a) if the amount of fish purchased by the applicant in the previous year or the estimated amount of fish to be purchased by the applicant is less than 20,000 kg: Decision on applications 7(1) The director may issue a new fish dealer licence or renew an existing fish dealer licence unless (a) the applicant has made a false or misleading statement in the application; (b) the applicant has failed to provide any information required in the application or any additional information requested by the director; (c) a principal of the applicant has had his or her commercial fishing licence or processing facility licence suspended or revoked within the past five years; (d) the applicant or a principal of the applicant previously held a fish dealer licence or a processing facility licence and that licence was revoked or an application for renewal of that licence was refused; or (e) the applicant or a principal of the applicant has, within the past five years, been convicted of an offence under the Act, the Fisheries Act (Canada), this regulation or the Manitoba Fishery Regulations, 1987 , SOR/87-509, and the director has reason to believe that the applicant may not comply with the requirements of the Act or this regulation if a new fish dealer licence is issued or an existing licence is renewed. 7(2) If the director refuses to issue or renew a fish dealer licence, he or she must give the applicant written notice of the decision. The notice must include information on the procedure to seek reconsideration of the decision under section 12. Terms and conditions 8(1) The director may impose any terms and conditions on the issuance or renewal of a fish dealer licence that he or she considers appropriate. 8(2) The holder of a fish dealer licence must comply with all terms and conditions imposed on the licence. Term of licence 9 A fish dealer licence is valid from the date it is issued until November 30 following the date of issuance. Licence not transferable 10 A fish dealer licence is not transferable. Suspension or revocation of licence 11(1) The director may suspend or revoke a fish dealer licence if he or she determines that the holder failed to comply with the Act, the Fisheries Act (Canada), this regulation, the Manitoba Fishery Regulations, 1987 , SOR/87-509 or a term or condition of the licence. 11(2) The director must provide the holder of the fish dealer licence with written notice of the suspension or revocation. The notice must include information on the procedure to seek reconsideration of the decision. Reconsideration of decision 12(1) The holder of a fish dealer licence that has been suspended or revoked or an applicant whose application has been refused may request a reconsideration of the decision by filing a written request with the director no later than 14 days after notice of the decision was provided. The request must set out the grounds upon which the request is made. 12(2) Upon receiving a request for reconsideration, the director must consider the grounds set out in the request and may (a) confirm or overturn the decision; and (b) in the case of a suspension of a licence, (i) alter the length of suspension, or (ii) set out terms or conditions to be fulfilled before reinstating the licence. PURCHASE AND SALE OF FISH Purchase requirements 13(1) A licensed fish dealer may purchase fish only from a fisher or a licensed fish dealer. 13(2) [Repealed] M.R. 67/2018 M.R. 67/2018 Fish purchase record 14(1) A licensed fish dealer who purchases fish from a fisher must, at the time of purchase, provide the fisher or the person transporting fish on behalf of the fisher with a fish purchase record on a form provided by the director that contains the following information: (a) the name of the fish dealer; (b) the fisher's name and fisher number; (c) the date of purchase; (d) the species purchased, its form and its weight in kilograms; (e) [repealed] M.R. 67/2018 (f) the body of water in which the fish was caught; (g) and (h) [repealed] M.R. 67/2018 14(1.1) The fisher or the person transporting fish on behalf of the fisher must sign all copies of the fish purchase record at the time of purchase. 14(2) A licensed fish dealer must (a) provide the director with a copy of the fish purchase record, no later than seven days after the date of purchase; and (b) retain a copy of a fish purchase record for two years after it was issued. M.R. 67/2018 Weekly fish purchase summary 15(1) A licensed fish dealer must provide the director with a weekly fish purchase summary on a form approved by the director that sets out the information in clauses 14(1)⁠(b), (c), (d) and (f) for every fish purchase record issued by the fish dealer in a week. 15(2) A licensed fish dealer must provide the director with the weekly fish purchase summary no later than seven days after the end of the week in question. M.R. 67/2018 Fish sale record 16(1) Subject to section 18.1, a licensed fish dealer who sells or provides fish to a person must, at the time of sale, provide the purchaser with a fish sale record on a form approved by the director that contains the following information: (a) the name of the fish dealer; (b) the name of the purchaser, unless the purchaser is a consumer; (c) the date of sale; (d) the species sold, its form and its weight in kilograms. 16(2) A licensed fish dealer must retain a copy of a fish sale record issued for two years after it was issued. 16(3) A licensed fish dealer is not required to provide a fish sale record for fish that has been sold after the dealer has exported the fish outside of Manitoba. M.R. 67/2018 Monthly fish sale summary 17(1) Subject to section 18.1, a licensed fish dealer must provide the director with a monthly fish sale summary on a form approved by the director that sets out the information in clauses 16(1)⁠(a) to (d) for every fish sale record issued by the fish dealer in a month. 17(2) A licensed fish dealer must provide the director with the monthly fish sale summary no later than seven days after the end of the month in question. M.R. 67/2018 Nil report 18(1) Subject to section 18.1, if a licensed fish dealer does not sell or provide fish to any person in a month, he or she must prepare a report on a form approved by the director confirming this. 18(2) A licensed fish dealer must (a) provide the report under subsection (1) to the director no later than seven days after the end of that month; and (b) retain a copy of the report for two years after it was prepared. M.R. 67/2018 Reporting exception 18.1(1) If a licensed fish dealer is a fisher who only sells fish in Manitoba that he or she caught under authority of his or her commercial fishing licence, he or she is not required to complete and provide the records, summaries and reports required by sections 16 to 18. 18.1(2) A licensed fish dealer described in subsection (1) must provide every purchaser with a trade record for the fish sold in accordance with subsection 3(1) and comply with subsection 3(2) in relation to all trade records issued. M.R. 67/2018 When reporting exception ends 18.2 If a licensed fish dealer who was subject to the reporting exception under section 18.1 sells fish caught by another fisher to any person or sells fish he or she caught outside Manitoba, the reporting exception under section 18.1 no longer applies and the fish dealer must comply with sections 16 to 18 for all fish that he or she subsequently sells to any person. M.R. 67/2018 EXPORT REQUIREMENTS Export record 19(1) If a licensed fish dealer exports fish from Manitoba, the person transporting the fish on behalf of the dealer must have in his or her possession an export record on a form approved by the director that contains the following information: (a) the name of the licensed fish dealer exporting the fish; (b) the species of fish, its form and its weight in kilograms; (c) the date the fish is exported; (d) the location where the fish is to be delivered. 19(2) A licensed fish dealer must retain a copy of an export record for two years after it was prepared. Monthly export summary 20(1) A licensed fish dealer must provide the director with a monthly export summary on a form approved by the director that sets out the information in clauses 19(1)⁠(b) to (d) for every fish export record issued by the fish dealer in a month. 20(2) A licensed fish dealer must provide the director with the monthly export summary no later than seven days after the end of the month in question. Nil report 21(1) If a licensed fish dealer does not export any fish in a month, he or she must prepare a report on a form approved by the director confirming this. 21(2) A licensed fish dealer must (a) provide the report under subsection (1) to the director no later than seven days after the end of that month; and (b) retain a copy of the report for two years after it was prepared. TRANSITIONAL Application to special dealers 22(1) The provisions of this Part apply, with necessary changes, to the holder of a Manitoba special dealer licence who is not required to hold a fish dealer licence while his or her special dealer licence is in force. 22(2) For the purposes of subsection (1), the Manitoba special dealer licence is deemed to be a fish dealer licence that was issued by the director. AUTHORIZED AGENTS Authorized agents 22.1(1) A person may purchase fish on behalf of a licensed fish dealer if the fish dealer provides the director with a written notice that sets out (a) the person who is authorized to act as an agent of the fish dealer; and (b) the person's address and any locations where the person will store fish purchased on behalf of the fish dealer. 22.1(2) If an authorized agent is not an individual, the written notice under subsection (1) must include the names of the individuals associated with the agent who are authorized to act on behalf the agent. 22.1(3) A licensed fish dealer must pay for all fish purchased by the dealer's authorized agent before the agent's authorization is terminated in accordance with section 22.4. 22.1(4) If the authorized agent of a licensed fish dealer contravenes a provision of this regulation, the dealer is also liable for that contravention. M.R. 67/2018 Who may not be an authorized agent 22.2(1) A person who is a licensed fish dealer may not be an authorized agent for another licensed fish dealer. 22.2(2) A person who is a principal of a licensed fish dealer may not be an authorized agent for another licensed fish dealer. M.R. 67/2018 Completing and submitting fish purchase records 22.3(1) An authorized agent who purchases fish on behalf of a licensed fish dealer must complete the fish purchase record in accordance with subsection 14(1) and include the agent's name on the record. The agent or authorized individual of the agent must sign the fish purchase record. 22.3(2) The licensed fish dealer must ensure that the director receives all fish purchase records issued by the dealer's authorized agent no later than 10 days after the date of purchase. M.R. 67/2018 Termination of agent's authority 22.4 If a licensed fish dealer no longer wishes to have a person act as the fish dealer's authorized agent, the fish dealer must provide the director with written notice that the person's authorization is terminated. M.R. 67/2018 PART 4 LICENSED PROCESSING FACILITIES Licence applications 23(1) A person applying for a processing facility licence or the renewal of a processing facility licence must provide the director with the following: (a) a completed application on a form approved by the director; (b) the names and addresses of all principals of the applicant; (c) the address or location of the processing facility operated by the applicant; (d) a fee of $100. 23(2) An applicant must provide any additional information requested by the director. Application 24 Sections 7 to 12 apply, with necessary changes, to applications for a processing facility licence and a processing facility licence that has been issued. Displaying licence 25 The holder of a processing facility licence must display the licence in the facility. RECORDS AND REPORTING Processing report 26(1) When the holder of a processing facility licence processes fish for a licensed fish dealer, fisher or other person, he or she must prepare a report on a form approved by the director that contains the following information: (a) if fish is processed for (i) a fisher, the fisher's name, fisher number and the licence number under which the fish were caught by the fisher, or (ii) a licensed fish dealer or other person, the name of the fish dealer or other person; (b) the date the fish was received for processing; (c) the species of fish, its form when received and the amount of fish in kilograms; (d) the form into which each species of fish was processed and the amount, in kilograms, of processed fish that left the facility; (e) the amount of culled fish, in kilograms; (f) if applicable, the season end declaration number under which the fish were kept by the fisher. 26(2) The processing report must be prepared as follows: (a) the information required under clauses (1)⁠(a) to (c) must be added to the form when the fish arrives at the facility for processing; (b) the information required under clauses (1)⁠(d) and (e) must be added to the form before the processed fish leaves the processing facility. 26(3) The holder of the processing facility licence must (a) provide the processing report to the director no later than seven days after the fish was processed; and (b) retain a copy of the processing report for two years after it was prepared. M.R. 67/2018 Processing report by licensed fish dealer 26.1 A licensed fish dealer who operates a processing facility must complete and submit processing reports for all fish processed at the dealer's facility in accordance with the requirements of section 26. M.R. 67/2018 Nil report 27(1) If the holder of a processing facility licence does not process fish for a licensed fish dealer or a fisher on a day, he or she must prepare a report on a form approved by the director confirming this. 27(2) The holder of the processing facility licence must (a) provide the report under subsection (1) to the director no later than seven days after the day on which no fish were processed; and (b) retain a copy of the report for two years after it was prepared. PART 5 TRANSPORTING FISH Loadslip required 28(1) Subject to section 29, a person must not transport fish in the province unless the fish is accompanied by a loadslip form provided by the director that contains the following information: (a) the name of the person who caught the fish and, if applicable, the person's fisher number and the licence number under which the fish were caught; (b) the name of the person transporting the fish; (c) the date the fish is transported; (d) the species of fish, its form and its weight in kilograms; (e) the body of water in which the fish was caught; (f) the point at which the fish is loaded; (g) the address or location where the fish is to be delivered; (h) if applicable, the season end declaration number under which the fish were kept by the fisher. 28(2) A loadslip must be signed by the fisher or other person who caught the fish, certifying the accuracy of the information contained in the loadslip. 28(3) If a person transports fish on behalf of more than one person, a separate loadslip is required for each person's fish. 28(4) A fisher or other person who issues one or more loadslips during a month must (a) provide the director with a copy of each loadslip no later than seven days after the end of that month; and (b) retain a copy of a loadslip for two years after it was prepared. 28(5) A person who transports fish under authority of a loadslip must leave a copy of the loadslip with the person to whom the fish is delivered. Exceptions 29 A loadslip is not required for any of the following: (a) fish caught under the authority of a licence to fish for commercial purposes issued under the Fishing Licensing Regulation , Manitoba Regulation 124/97, if the fish is transported by the fisher from the landing location specified on the licence to a processing facility at a location specified on the licence or to a licensed fish dealer at a location specified on the licence; (b) fish lawfully purchased by a consumer from a fisher, licensed fish dealer or retail establishment that is accompanied by the applicable trade record, fish sale record or receipt; (c) fish caught by recreational fishing under the authority of the Fishing Licensing Regulation in an amount not exceeding possession limits as specified by the Manitoba Fishery Regulations, 1987 (Canada); (d) fish caught by a person under the authority of a general fishing permit issued under the Manitoba Fishery Regulations, 1987 (Canada) or the Fishing Licensing Regulation and transported from the place where the fish was landed directly to that person's residence at the address specified on the permit; (e) fish caught for personal or family consumption by a person who is an Indian as defined by the Indian Act (Canada) or a Métis person in exercise of his or her aboriginal harvesting rights, and transported directly from the place where the fish was landed to that person's nearest residence; (f) fish transported under the authority of (i) a bill of lading or other similar document issued by a licensed fish dealer that sets out the information in clauses 28(1)⁠(b), (c), (d), (f) and (g), or (ii) a licence or permit issued under the Fisheries Act (Canada) or regulations made under that Act. M.R. 67/2018 ; 144/2018 PART 6 GENERAL PROVISIONS No marketing of sturgeon or channel catfish 30(1) Except as provided by subsection (2), a person must not engage in the marketing of sturgeon or channel catfish. 30(2) A fisher may sell channel catfish caught under authority of the fisher's commercial fishing licence directly to a consumer in Manitoba. M.R. 67/2018 Fisher number 31 The director must assign a unique number to every fisher and provide each fisher with his or her fisher number. Forms 32(1) The director may make forms of documents referred to in this regulation available for use by fishers, licensed fish dealers, operators of processing facilities and other persons engaged in the marketing of fish. 32(2) A fisher must return all unused forms to the department no later than seven days after the end of a fishing season. M.R. 67/2018 Electronic submission 33 When this regulation requires a person to submit a record, report or declaration to the director, the person may comply with that requirement by submitting the information required in the record, report or declaration to the director in an electronic format approved by the director. Repeal 34 The Commercial Fishermen's Records Regulation , Manitoba Regulation 151/94, and the Fish Transportation Loadslip Regulation , Manitoba Regulation 152/94, are repealed. Coming into force 35 This regulation comes into force on December 1, 2017.