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Volume 54, No. 23

207/2011

The British Columbia Gazette,

Part II

December 13, 2011

B.C. Reg. 207/2011 , deposited December 2, 2011, pursuant to the FISHERIES ACT [section 26] and the FISH INSPECTION ACT [section 10]. Order in Council 568/2011, approved and ordered December 1, 2011.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective January 1, 2012,

(

a) the Fisheries Act Regulations, B.C. Reg. 140/76, is amended as set out in the attached Appendix 1,

(

b) section 10 of the Aquaculture Regulation, B.C. Reg. 78/2002, is repealed, and

(

c) the Fish Inspection Regulations, B.C. Reg. 12/78, is amended as set out in the attached Appendix 2.

— D. MCRAE, Minister of Agriculture ; I. CHONG, Presiding Member of the Executive Council .

Appendix 1

Part 3 of the Fisheries Act Regulations, B.C. Reg. 140/76, is repealed and the following substituted:

Part 3 - Shellfish

Sale of shellfish

(1) In this

section "shellfish" means oysters, clams, mussels and other bivalve molluscs, in all their stages of development, and includes parts of them.

(2) A fisher may sell or offer to sell shellfish in accordance with the Fisheries Act , the Fish Inspection Act and the regulations made under those Acts.

Appendix 2

Section 2 of the Fish Inspection Regulations, B.C. Reg. 12/78, is amended by adding the following

definitions:

"cultured marine finfish" means fish in the superclasses Agnatha and Gnathostomata that are grown and cultivated for commercial purposes in a marine environment or in containers of salt water;

"fisher" means a person licensed under the Fisheries Act (Canada) for commercial fishing; .

Section 12 is repealed and the following substituted:

Sale of non-processed fish

(1) A person must not sell or attempt to sell any fish, other than cultured marine finfish or bivalve molluscs, unless the fish was, before the sale or attempted sale, processed, graded, handled or stored in an establishment identified in a licence under

section 13 (1) or (2) of the Fisheries Act .

(2) Subsection (1) does not apply to

(

a) a sale or attempted sale by a fisher of his or her own catch, or

(

b) a sale or attempted sale of fish to a person who holds a licence under

section 13 (1) or (2) of the Fisheries Act or

section 23.1 of this regulation.

(3) A person must not sell or attempt to sell any harvested cultured marine finfish or bivalve molluscs unless the finfish or molluscs were, before the sale or attempted sale, processed, graded, handled or stored in an establishment identified in

(

a) a licence under

section 13 (1) of the Fisheries Act , and

(

b) a certificate of registration issued under the Fish Inspection Regulations (Canada).

(4) Subsection (3) does not apply to a sale or attempted sale of harvested cultured marine finfish or bivalve molluscs to a person who holds a licence under

section 13 (1) or (2) of the Fisheries Act or

section 23.1 of this regulation.

Section 21 is amended

(

a) in subsection (3) by striking out everything after " shall be kept refrigerated " and substituting " in a manner that ensures that the temperature of the fish does not exceed -18°C at any time. ", and

(

b) by adding the following subsections:

(4) A person must not use a vehicle to transport fish unless the vehicle meets the requirements of

Part IV of

Schedule E.

(5) This

section does not apply to a person transporting fish for that person's personal use.

4 Sections 22 (1) and 24 (2) are amended by striking out " fisherman " and substituting " fisher ".

Section 23 is amended by

(

a) repealing subsection (1) and substituting the following:

(1) The minister must not issue a licence to operate a fish buying station under

section 13 (2) of the Fisheries Act unless the fish buying station meets the requirements of

Schedule E. ,

(

b) repealing subsection (3), and

(

c) repealing subsection (4) and substituting the following:

(4) The minister may cancel a licence to operate a fish buying station if the holder of the licence is convicted of an offence under the Act or this regulation.

Section 38 is amended by striking out " 95°F " and substituting " 35°C ".

Schedule A is amended

(

a) in

section 3 of

Part II by striking out " 110°F " and substituting " 43°C ",

(

b) in

section 2 of

Part IV by striking out " 110°F " and substituting " 43°C ",

(

c) by repealing sections 11 and 12 of

Part IV and substituting the following:

11 Freezing facilities must be capable of

(

a) contact freezing a 25 mm thick block of unpackaged fillets to -18 ° C in 2 hours or less, or

(

b) air blast freezing fish, at a rate that prevents deterioration of the fish, until the thickest

section of the fish is a temperature of -18 ° C.

(

d) in

section 5 of

Part V by striking out " 45°F " and substituting " 7°C ", and

(

e) in

section 6 of

Part V by striking out " -15°F " and substituting " -26°C ".

Schedule B is amended

(

a) in

section 7 (

a) of

Part II by striking out " between 32°F and 35°F " and substituting " of 3.3°C or lower ",

(

b) in

section 7 (

b) of

Part II by striking out " -15°F " and substituting " -26°C ",

(

c) in

section 5 (

a) of

Part IV by striking out " between 32°F and 35°F " and substituting " of 3.3°C or lower ", and

(

d) in

section 5 (

b) of

Part IV by striking out " -15°F " and substituting " -26°C ".

Section 1 of

Schedule D is amended by striking out " -15°F " and substituting " -26°C ".

Section 5 of

Part IV of

Schedule E is repealed and the following substituted:

(1) Vehicles used to transport fresh fish or semipreserves must be equipped in a manner that ensures the fish or semipreserves are adequately iced or chilled.

(2) Vehicles used to transport frozen fish must be equipped in a manner that

(

a) minimizes any increase in the temperature of the fish, and

(

b) ensures that the temperature of the fish does not exceed -18 ° C at any time.

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