British Columbia Gazette Part II — B.C. Reg. 178/2011
B.C. Reg. 178/2011
British Columbia — Gazette
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Volume 54, No. 19
178/2011
The British Columbia Gazette,
Part II
October 18, 2011
B.C. Reg. 178/2011 , deposited October 13, 2011, pursuant to the WILDLIFE ACT [sections 53 and 108]. Order in Council 500/2011, approved and ordered October 12, 2011.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that effective April 1, 2012, the Angling and Scientific Collection Regulation, B.C. Reg. 125/90, is amended as set out in the attached Appendix.
— S. THOMSON, Minister of Forests, Lands and Natural Resource Operations ; I. CHONG, Presiding Member of the Executive Council .
Appendix
1 The Angling and Scientific Collection Regulation, B.C. Reg. 125/90, is amended by striking out " non-resident " wherever it appears and substituting " non resident ".
Section 1 is amended
(
a) by renumbering the
section as
section 1 (1),
(
b) in subsection (1) by repealing the definition of "classified water" and substituting the following:
"classified water" means a water or group of waters that is an item in column 1 of
Schedule A; ,
(
c) in subsection (1), in the definition of "conservation surcharge" by striking out "
section 111 " and substituting "
Part 3 ",
(
d) in subsection (1) by adding the following
definitions:
"classified waters angling licence" means an angling licence, issued under
section 2.01, that permits angling in a classified water;
"guided classified water angler" means a person who, in respect of a classified water, is a client of an angling guide who is authorized under the Act to guide for fish on the classified water;
"guided non resident alien" means a non resident alien who is a guided classified water angler;
"non-guided non resident alien" means a non resident alien who is not a guided classified water angler; , and
(
e) by adding the following subsection:
(2) A classified water may be referred to in this regulation or on a classified waters angling licence by the term, if any, set out in brackets following the description of the classified water in column 1 of
Schedule A.
Section 2.001 is amended
(
a) in subsection (1) by striking out "
section 12 (a) (ii) " and substituting "
section 12 (a) ",
(
b) in subsection (1) (
a) and (
b) by striking out " valid ", and
(
c) in subsection (2) by striking out " a valid basic angling licence " and substituting " a basic angling licence ".
Section 2.01 is repealed and the following substituted:
Classified waters angling licence
2.01
(1) Subject to subsections (9) and (10) of this
section and sections 4, 4.1 and 18, for the purpose of
section 12 (
a) of the Act, a person who angles in a classified water during a period specified in column 4 of
Schedule A for the classified water must be the holder of both
(
a) a basic angling licence, and
(
b) a classified waters angling licence that permits angling in that classified water at the time the angling takes place.
(2) A classified waters angling licence permits a resident to angle in all classified waters during the term of the licence.
(3) A classified waters angling licence permits a non resident or a non resident alien to angle only
(
a) in a classified water specified on the licence, and
(
b) on a date that is specified on the licence at the time the licence is issued.
(4) Despite subsection (3) and subject to subsection (5), a non-guided non resident alien must not angle in a classified water or part of a classified water that is an item in column 1 of
Schedule A.1 during the day or days of the week or the period of time specified in column 2 of
Schedule A.1 for the water.
(5) The prohibition in subsection (4) applies only during the period specified in column 3 of
Schedule A.1 for the water.
(6) Subject to subsection (7), a classified waters angling licence may be issued to a person who pays the applicable fee and conservation surcharge set out in
Schedule C.
(7) If a lottery is conducted under
section 2.02 (2) in respect of a classified water, a classified waters angling licence may be issued to a non-guided non resident alien in respect of the classified water only if the non-guided non resident alien has been allotted, in the lottery, angler days for the classified water.
(8) A classified waters angling licence issued to a non resident or a non resident alien is invalid if it specifies a period that is longer than 8 consecutive days.
(9) An angling guide, or an assistant angling guide employed by the angling guide, need not be the holder of a classified waters angling licence while guiding for fish a client of the angling guide on a classified water.
(10) A person who angles on the Atnarko River/Bella Coola River classified water is not required to be the holder of a classified waters angling licence.
(11) For the purposes of subsection (6) and
Schedule C, a single classified waters angling licence may be issued for St. Mary River A and St. Mary River B, which may be referred to collectively on the licence as St. Mary River.
Section 4 (
e) is amended by striking out " valid ".
Section 6.1 (
c) is amended by striking out " who holds a valid angling licence issued under the Act ".
Section 9 (3) is amended by adding " for fish " after " intends to guide ".
Section 11 is amended
(
a) in subsection (1.1) (
c) by striking out " quota allocated " and substituting " quota is allocated ",
(
b) by repealing subsection (3) and substituting the following:
(3) A regional manager must not, in respect of a classified water for which the regional manager is responsible,
(
a) issue angling guide licences for the licence year in excess of the number specified in column 2 of
Schedule A for the classified water, or
(
b) allocate total angler day quota for a period specified in column 4 of
Schedule A for the classified water in excess of the number of days specified for that period in column 3 of
Schedule A. , and
(
c) by adding the following subsection:
(5) The regional manager may allocate angler day quota for the Bulkley River additional guiding zone classified water only to a single person who is the holder of an angling guide licence for the Bulkley River classified water.
Section 11.1 is amended
(
a) by striking out everything before paragraph (
a) and substituting the following:
If a number specified in column 3 of
Schedule A for a classified water is revised downward so that the number of angler days in the existing total allocation of angler day quota in a period specified in column 4 of
Schedule A for the classified water exceeds the maximum allowable specified in column 3 of
Schedule A for that period, the regional manager who is responsible for the classified water must adjust the allocation of angler day quota ,
(
b) in subsection (b) (
i) by striking out " guided angler day quotas " and substituting " angler day quota ", and
(
c) in subsection (b) (ii) by striking out " guided " and by striking out " each guide " and substituting " each angling guide " in both places.
Section 12 (1) (
c) is amended by striking out " another guide: " and substituting " another angling guide: ".
Section 13 is amended
(
a) in subsection (1) (b) (
i) by adding " for fish " after " angler days guided ",
(
b) in subsection (1) (b) (ii) by striking out " assistant guides " and substituting " assistant angling guides ",
(
c) by repealing subsection (1) (b) (iii) and substituting the following:
(iii) the classified waters angling licence number of each guided classified water angler angling in a classified water, ,
(
d) by adding the following subsection:
(1.1) It is a condition of an angling guide licence that permits guiding for fish on a water that is an item in column 1 of
Schedule C.2 that the angling guide must not, on any day during the period specified in column 2 of
Schedule C.2 for that item, guide for fish on that water, or permit an assistant angling guide employed by the angling guide to guide for fish on that water,
(
a) a group that has more than 3 anglers, or
(
b) more than one group of anglers. , and
(
e) by repealing subsection (3) and substituting the following:
(3) If a regional manager issues an angling guide licence to an angling guide who holds angler day quota for a classified water, the regional manager may attach conditions to the angling guide licence in respect of the classified water that
(
a) limit
(
i) the period of time during which,
(ii) the day of the week on which, and
(iii) the area in which
the angling guide may guide for fish,
(
b) limit the species for which the angling guide may guide for fish, 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 the angling guide's guided classified water anglers, and
(ii) the name and classified waters angling licence number of each guided classified water angler who has taken fish from the classified water.
Section 19 is amended
(
a) by adding the following paragraph:
(a.1) to contravene
section 2.01 (4), ,
(
b) in paragraph (
b) by adding " for fish " after " being guided " and by striking out " valid ", and
(
c) in paragraph (
l) by striking out " assistant guide " and substituting " assistant angling guide " and by striking out "
section 13 (1) (
c) or (2) " and substituting "
section 13 (1) (c), (1.1) or (2) ".
Schedule A is repealed and the following substituted:
Schedule A
(sections 1, 2, 2.01, 11 (3), 11.1, and 19 (a))
Classified Waters
Item
Column 1
Column
Column
Column
Column 5
Steelhead Licence Mandatory
Waters
(includes unspecified tributaries unless indicated by an * before the name)
No. of Guides
Angler Day Quota Limit
From
From
Class 1 Coastal Waters (anadromous)
Babine River downstream of the juvenile fish counting weir located at the outlet of Nilkitkwa Lake (Babine River)
1 718
Sept. 1
Oct. 31
Sept. 1
Oct. 31
Dean River below signs in lower canyon (Dean River A)
June 1
Sept. 30
June 1
Sept. 30
Dean River from Kalone Creek to signs 500 m upstream of the lower canyon (Dean River B)
1 620
June 1
Sept. 30
June 1
Sept. 30
Dean River from Crag Creek to Kalone Creek (Dean River C)
June 1
Sept. 30
June 1
Sept. 30
Gitnadoix River
April 1
July 31
April 1
May 31
Aug. 1
March 31
Lakelse River
April 1
March 31
Sept. 1
May 31
Suskwa River
April 1
March 31
Sept. 1
Oct. 31
Sustut River
Sept. 1
Oct. 31
Sept. 1
Oct. 31
Zymoetz River upstream of Limonite Creek (Zymoetz River A)
July 24
Dec. 31
July 24
Dec. 31
Class I Inland Waters (non-anadromous)
Class II Coastal Waters (anadromous)
REGION 1
Ahnuhati River
April 1
Oct. 31
April 1
June 30
Kakweiken River
April 1
Oct. 31
April 1
June 30
Kingcome River
April 1
Oct. 31
April 1
June 30
Seymour River
Aug. 15
Oct. 31
Exempt
Wakeman River
April 1
Oct. 31
April 1
June 30
REGION 3
Thompson River downstream of Savona (Thompson River)
Oct. 1
Dec. 31
Oct. 1
Dec. 31
REGION 5
Atnarko River upstream to Young Creek and Bella Coola River (Atnarko River/Bella Coola River)
1 400
March 1
May 31
Exempt
Chilcotin River downstream of Chilko River (Chilcotin River)
Oct. 1
May 31
Oct. 1
May 31
Chuckwalla River and Kilbella River (Chuckwalla River/Kilbella River)
April 1
May 31
April 1
May 31
Nekite River
April 1
May 31
April 1
May 31
REGION 6
Bulkley River excluding the following tributaries: Morice and Suskwa Rivers (Bulkley River)
1 504
Sept. 1
Oct. 31
Sept. 1
Oct. 31
Bulkley River from the confluence with the Morice River to the railway bridge approximately 7 km downstream (Bulkley River additional guiding zone)
Sept. 1
Oct. 31
Sept. 1
Oct. 31
Damdochax Creek
Sept. 1
Oct. 31
Sept. 1
Oct. 31
Ecstall River
April 1
March 31
Exempt
Kispiox River
Sept. 1
Oct. 31
Sept. 1
Oct. 31
Kitseguecla River
April 1
March 31
Sept. 1
Oct. 31
Kitsumkalum River
April 1
Oct. 31
Aug. 7
May 31
Nov. 1
March 31
Kitwanga River
April 1
March 31
Sept. 1
Oct. 31
Kluatantan River
April 1
March 31
Sept. 1
Oct. 31
Kwinageese River
Sept. 1
Oct. 31
Sept. 1
Oct. 31
Ksi X'anmas River
April 1
May 31
April 1
May 31
June 1
Sept. 30
Morice River
Sept. 1
Oct. 31
Sept. 1
Oct. 31
* Skeena River from Exchamsiks River to 1.5 km upstream of Kitsumkalum River (Skeena River 2)
4 687
July 1
Sept. 30
Exempt
*Skeena River upstream of 1.5 km upstream of Zymoetz River (Skeena River 4)
July 1
Dec. 31
July 1
Dec. 31
*Skeena River from Flint Creek to Chimdemash Creek
(Skeena River 4 additional guiding zone)
July 1
Dec. 31
July 1
Dec. 31
Zymoetz River downstream of Limonite Creek (Zymoetz River B)
July 24
Aug. 31
July 24
May 31
Sept. 1
Oct. 31
Nov. 1
May 31
Yakoun River
Sept. 1
April 30
Dec. 1
April 30
Copper Creek in M.U. 6-12, Datlamen Creek, Deena Creek, Honna River, Mamin River, Pallant Creek, Tlell River (Haida Gwaii Other Rivers)
Sept. 1
April 30
Dec. 1
April 30
Class II Inland Waters (non-anadromous)
REGION 4
Bull River
No limit
April 1
March 31
Exempt
Elk River excluding the following tributaries: Wigwam River; Coal Creek downstream of the old M.F. & M. Railway bridge located about 7 km upstream of the Elk River (Elk River)
No limit
2 950
April 1
March 31
Exempt
Kootenay River upstream of White River (Kootenay River)
April 1
March 31
Exempt
Skookumchuck Creek
No limit
April 1
March 31
Exempt
St. Mary River downstream of St. Mary Lake, excluding Joseph Creek (St. Mary River
A) No limit
1 250
April 1
March 31
Exempt
St. Mary River upstream of St. Mary Lake (St. Mary River
B) April 1
March 31
Exempt
White River
April 1
March 31
Exempt
Wigwam River
No limit
April 1
March 31
Exempt
REGION 5
Chilko River from Chilko Lake to Brittany Creek (Chilko River)
June 11
Oct. 31
Exempt
Dean River from Anahim Lake to Iltasyuko River (Dean River D)
June 16
Oct. 31
Exempt
*Horsefly River downstream of signs at Horsefly River Falls, including McKinley Creek downstream of McKinley Lake (Horsefly River)
June 1
Oct. 31
Exempt
*West Road River, also known as Blackwater River (West Road River)
1 750
June 15
Oct. 31
Exempt
REGION 7
Stellako River
April 1
March 31
Exempt
14 The following
Schedule is added:
Schedule A.1
(section 2.01 (4) and (5))
Non-guided Non resident Alien Restrictions
Item
Column 1
Column 2
Column 3
Waters
(includes unspecified tributaries unless indicated by an * before the name)
When non-guided non resident aliens must not angle
Applicable period
Class I Coastal Waters
Babine River in the following zone only: Nilkitkwa Lake outlet at the juvenile fish counting weir to Nilkitkwa River confluence
Saturdays and Sundays
Sept 1 to Oct. 31
Lakelse River in the following zone only: Lakelse Lake outlet downstream to the power line crossing located 3.5 km upstream of the Lakelse River confluence with the Skeena River
April 1 to March 31
April 1 to March 31
Suskwa River
Saturdays and Sundays
April 1 to March 31
Zymoetz River upstream of Limonite Creek
Fridays, Saturdays and Sundays
July 24 to Dec. 31
Class II Coastal Waters
Bulkley River excluding the following tributaries: Morice, Suskwa and Telkwa Rivers
Saturdays and Sundays
Sept. 1 to Oct. 31
Kispiox River
Saturdays and Sundays
Sept. 1 to Oct. 31
Kitseguecla River
Saturdays and Sundays
April 1 to March 31
Kitwanga River
Saturdays and Sundays
April 1 to March 31
Kitsumkalum River in the following zone only: Kitsumkalum Lake outlet to Glacier Creek confluence
Saturdays
April 1 to March 31
Kitsumkalum River
Sundays
April 1 to March 31
Morice River
Saturdays and Sundays
Sept. 1 to Oct. 31
* Skeena River in the following zones only:
(
a) Shegunia River confluence to Sedan Creek confluence; and
(
b) Chimdemash Creek confluence to 1.5 km above Zymoetz River confluence
Saturdays and Sundays
July 1 to Dec. 31
Telkwa River
Sept. 1 to Oct. 31
Sept. 1 to Oct. 31
Zymoetz River downstream of Limonite Creek
Fridays, Saturdays and Sundays
July 24 to May 31
15 Item (9) (
d) in
Schedule C is repealed and the following substituted, as indicated:
Item
Licence
Fee
Conservation Surcharge
(
d) non-guided non resident alien selected in the Dean River Draw, for Dean River B and Dean River C combined
$28/day
$12
16 The following
Schedule is added:
Schedule C.2
(section 13 (1.1))
Applicable Waters and Periods for Angling Guide Restrictions
Item
Column 1
Column 2
Water (includes unspecified tributaries)
From
Kitsumkalum River upstream of the Kitsumkalum River canyon located approximately 10 km upstream of the confluence with the Skeena River
April 1
Oct. 31
Kitsumkalum River downstream of the Kitsumkalum River canyon located approximately 10 km upstream of the confluence with the Skeena River
April 1
Oct. 31
Zymoetz River upstream of Limonite Creek
July 24
Dec. 31
Zymoetz River downstream of Limonite Creek
July 24
May 31
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