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Volume 49, No. 2

B.C. Reg. 12/2006

The British Columbia Gazette,

Part II

January 31, 2006

B.C. Reg. 12/2006, deposited January 30, 2006, pursuant to the WILDLIFE ACT [Sections 53 and 108]. Order in Council 31/2006, approved and ordered January 28, 2006.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Angling and Scientific Collection Regulation, B.C. Reg. 125/90, is amended as set out in the attached Schedule.

— B. PENNER, Minister of Environment; M. de JONG, Presiding Member of the Executive Council.

Schedule

Section 1 of the Angling and Scientific Collection Regulation, B.C. Reg. 125/90, is amended by repealing the definition of "management plan" and substituting the following:

"management plan" means a plan for managing guiding for fish and angling referred to in

section 52 (3) of the Act; .

Section 11 (1) and (2) is repealed and the following substituted:

(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 The following sections are added:

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.

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).

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

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

(

b) the remainder of the amount required by September

Section 12 is amended

(

a) by repealing subsection (1) (

a) and substituting the following:

(

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

(

b) by repealing subsection (2).

Section 13 is amended by adding "or" at the end of paragraph (

c) and adding the following paragraph:

(

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

Section 18 is amended by adding the following subsection:

(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.

Schedule A is amended under the heading "Class II Inland Waters (non-anadromous)" by repealing the following stream in Region 5:

Horsefly River

June 1

Oct. 31

Exempt

and substituting the following:

*Horsefly River downstream of signs at Horsefly River Falls, including McKinley Creek downstream of McKinley Lake

June 1

Oct. 31

Exempt

Schedule C is amended

(

a) in item (9) (b), by striking out "$28/day" and substituting "$28/ angler day", and

(

b) in item (10), by adding the following:

(

d) an angling guide licence or an assistant angling guide licence

$10

9 The following

Schedule is added after

Schedule C:

Schedule C.1

Angler Day Quota Held from April 1, 2006 to March 31, 2007

Column 1

Column 2

Column 3

Item

Waters

Fee for each day of

angler day quota held

Conservation surcharge

for each day of angler

day quota held

(1) For Class I coastal waters

(anadromous) described in

Schedule A of this regulation

$13.50

$12.50

(2) For Class II coastal waters

(anadromous) described in

Schedule A of this regulation

$8.50

$12.50

(3) For Class I inland waters

(non-anadromous) described in

Schedule A of this regulation

$3.50

$12.50

(4) For Class II inland waters

(non-anadromous) described in

Schedule A of this regulation

$12.50

10 Effective January 1, 2007,

Schedule C.1 is repealed and the following substituted:

Schedule C.1

Angler Day Quota Held on or after April 1,

Column 1

Column 2

Column 3

Item

Waters

Fee for each day of

angler day quota held

Conservation surcharge

for each day of angler

day quota held

(1) For Class I coastal waters

(anadromous) described in

Schedule A of this regulation

$16

$15

(2) For Class II coastal waters

(anadromous) described in

Schedule A of this regulation

$11

$15

(3) For Class I inland waters

(non-anadromous) described in

Schedule A of this regulation

$15

(4) For Class II inland waters

(non-anadromous) described in

Schedule A of this regulation

$15

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