Flexible Fish Marketing

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Flexible marketing is a new approach for Manitoba's commercial fishing sector. It encourages the arrival of new fish buyers and new local fish processing facilities in communities across Manitoba. Fish buyers and processors may provide Commercial Fishers with more opportunities for fish sales and convenient and locally specialized services. It will also provide for new economic opportunities for rural fishing communities.

Fish Marketing Regulations

Fish marketing regulations were passed under The Fisheries Act (C.C.S.M. c. F90).

The Fish Marketing Regulation (145/2017), passed on November 16, 2017.

The Fish Marketing Regulation, Amendment (67/2018), passed on May 23, 2018.

Fish Dealer

A Fish Dealer is a person who is authorized to purchase and sell fish within Manitoba or for export. A person who meets the requirements established by regulation may obtain a Fish Dealer licence. A Fish Dealer licence may include a processing facility operated by the licensed Fish Dealer.

There are three ways to submit a completed application and licence fee.

  1. Mail to: Wildlife and Fisheries Branch
    Sustainable Development
    Box 20, 200 Saulteaux Crescent
    Winnipeg, MB R3J 3W3
  2. In person: at 200 Saulteaux Crescent, Winnipeg, Manitoba
  3. In person: at your regional Sustainable Development office.

A person applying for a Fish Dealer licence or the renewal of a Fish Dealer licence must provide the following:

  1. a completed Fish Dealer Application; and
  2. the licence fee

Purchasing Fish

Fish Dealers are required to report fish purchases and sales. Fish Purchase Records are required for all fish purchases. Fish Purchase Record booklets are provided by Wildlife and Fisheries Branch. These forms must be completed when a dealer purchases fish from a fisher or the person transporting fish on behalf of the Fisher (who will require a Loadslip).

Fish pricing information and individual quota entitlement numbers, where applicable, will no longer be required on Fish Purchase Records.

The Commercial Fisher or any other person transporting fish on behalf of the Commercial Fisher will be required to sign the Fish Purchase Record at the time their fish is purchased by a Fish Dealer.

A licensed Fish Dealer must:

1. ensure all fish purchase records are signed by the dealer, fisher or fish transporter;

2. provide the white copy of the form to the fisher/fish transporter;

3. provide the blue copy of the form weekly to the Branch Director;

4. retain the yellow copy of the form for two (2) years after it is issued;

5. provide the Branch Director with a weekly electronic summary of all fish purchase on the form provided Weekly Fish Purchase Summary Report, no later than seven days after the end of the week in question;

6. submit the Weekly Fish Purchase Summary Reports to: mbfishforms@gov.mb.ca with Dealer # in subject line.

7. provide the Branch Director with the Fish Purchase Records (blue copy) used by Authorized Agents (see Agents below) no later than 10 days after the date of fish purchase.

8. pay for any fish purchased by an Agent prior to the agent’s termination; and

9. provide written notice to the Branch Director upon the termination of an Authorized Agent to:

Wildlife and Fisheries Branch
Sustainable Development
Box 20, 200 Saulteaux Crescent
Winnipeg, MB R3J 3W3

Authorized Agents

Fish Dealers or a principal of a Fish Dealer cannot be an Agent for another Fish Dealer.

An Authorized Agent is a person (includes a cooperative, partnership and unincorporated association or organization) who has been authorized to purchase fish on behalf of a licenced Fish Dealer. The Fish Dealer must provide written notice to the Branch Director with the Agent’s name, address and any locations where the Agent will store fish purchased on behalf of the Fish Dealer.

Agents must be formally listed on Fish Dealer licences, An Agent may work for only one Fish Dealer, A Fish Dealer licence holder may not act as an Agent for another Fish Dealer and Agents must prepare Fish Purchase Records on behalf of their Fish Dealers. Fish Dealers will be obligated to pay for all fish procured by their respective Agent(s).

If the Authorized Agent is a business, the Fish Dealer must provide notice that includes the names of the individuals associated with the business who are authorized to act on behalf of the Agent.

If an Authorized Agent is found in contravention of the regulation, the Fish Dealer to whom the Agent works for is also liable for the contravention.

The Agent who purchases fish on behalf of a Fish Dealer must complete the Fish Purchase Record and include the Agent’s name on the record.  The Agent must also sign the record.

PLEASE USE THE MOST RECENT VERSION OF A SUMMARY FORM. CHECK FOR UPDATED FORMS OR LINKS.

Selling Fish

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 Receipt on a form approved by the Branch Director that contains the following information:

  1. name of the Fish Dealer;
  2. name of the purchaser, unless the purchaser is an end consumer;
  3. date of sale; and
  4. species of fish, its form and its weight in kilograms.

Fish Sale Receipt can be used or you can produce one of your own which contains all of the above information. Should a Fish Dealer choose to use their own form, the form must be approved by the Branch Director. A copy of all Fish Sale Records must be retained by the Fish Dealer for two (2) years after they are issued. A licensed Fish Dealer must:

  1. Provide the Branch Director with a monthly electronic summary of all Fish Sale Receipts made during each month on the Monthly Fish Sale Summary Report provided, no later than seven days after the end of that month.
  2. Submit monthly repots to: mbfishforms@gov.mb.ca, with Dealer # in subject line; and
  3. 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 Branch Director confirming no sales (NIL Report) for the month.

PLEASE USE THE MOST RECENT VERSION OF A FORM. CHECK FOR UPDATED FORMS OR LINKS.

Exporting Fish

If a licensed Fish Dealer exports fish from Manitoba before it is sold, 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 Branch Director that contains the following information:

  1. name of the licensed Fish Dealer exporting the fish;
  2. species of fish, its form, and its weight in kilograms;
  3. date the fish is exported; and
  4. location where the fish is to be delivered.

A Sample Fish Export Record can be used or you can produce one of your own which contains all of the above information. Should a Fish Dealer choose to use their own form, the form must be approved by the Branch Director. A copy of all export records must be retained by the Fish Dealer for two (2) years after they are prepared. A licensed Fish Dealer must:

  1. Provide the Branch Director with a monthly electronic summary of every export record prepared on the Monthly Export Summary Form issued during a month, no later than seven days after the end of that month;
  2. Submit monthly records to: mbfishforms@gov.mb.ca with Dealer # in subject line; and
  3. If a licensed Fish Dealer does not export fish in a month, he or she must prepare a NIL report on the Monthly Export Summary Form confirming no exports for the month.

PLEASE USE THE MOST RECENT VERSION OF A FORM. CHECK FOR UPDATED FORMS OR LINKS.

Fish Processor

A Fish Processor is a person who is authorized to process fish within Manitoba or for export. Any person who meets the requirements established by regulation may obtain a Fish Processor licence. A Fish Dealer licensee may operate a fish processing facility under the terms of their Fish Dealer licence.

A Commercial Fisher does not require a fish processor licence, if the only fish processed at the facility has been caught Fisher.

A retail establishment which processes fish does not require a fish processor licence.

A person applying for a Fish Processing licence or the renewal of a Fish Processing licence must provide the following:

  1. a completed Fish Processor Application (pdf)
  2. the licence fee

The holder of a processing facility licence must display the licence in the facility(ies) which are licensed under the terms of their licence.

Processing Fish

A processing facility means a facility in which the processing of fish takes place. As defined under The Fisheries Act (C.C.S.M. c. F90) processing includes the cleaning, filleting, smoking, salting, icing, packing, freezing, cooking, pickling or drying of fish, or the preparing of fish for market in any other manner.

A licensed Fish Processor must:

  1. Provide the Branch Director with a weekly electronic summary of all fish processed on the Weekly Fish Processing Report no later than seven days after the fish was processed; and
  2. Submit weekly records to mbfishforms@gov.mb.ca, with Fish Processor # in the subject line.

PLEASE USE THE MOST RECENT VERSION OF A FORM.CHECK FOR UPDATED FORMS OR LINKS.

Licence Suspensions

The following directive provides information on licence denial, suspension or cancellation.

Fish Dealer Fish Processor Licence Suspension

Commercial Fisher

A Commercial Fisher is required to have a valid Manitoba Commercial Fishing Licence under the Manitoba Fishing Licensing Regulations.

As a Licensed Commercial Fisher, NO Fish Dealer Licence is required if:

  1. The Commercial Fisher sells fish caught under the authority of their Commercial Fishing licence to a Fish Dealer or to an end consumer (including fur farmers).
  2. REPORTING – Trade records are required for sales to end consumers.  If a Commercial Fisher sells to a licensed Fish Dealer, the Fish Dealer fills out and submits a Daily Catch Record (FFMC) or a Fish Purchase Record.

As a Licensed Commercial Fisher, a Fish Dealer Licence is required if:

  1. The Commercial Fisher is selling fish caught under the authority of their Commercial Fishing licence to stores, restaurants, community clubs, etc. within Manitoba.
  2.  REPORTING – Trade records must be used to documents sales.  There are no additional reporting requirements.   A loadslip must be used if a Commercial Fisher is transporting fish to a location not listed on his/her commercial fishing license.

As a Licensed Commercial Fisher, a Fish Dealer Licence is required if:

  1. The Commercial Fisher if purchasing fish from other licensed Commercial Fishers or the fisher is exporting fish from Manitoba.
  2. REPORTING – Fish Purchase Records must be used.  The fisher can use either the Fish Purchase Records provided by the Department or on a different form that provides the same information and has been approved by the Director.  Weekly Fish Purchase Summaries are required as earlier described.  Fish Purchase Records and weekly Fish Purchase Summaries must be submitted.  Nil reports are required when no purchases are made.  Monthly sales reports or nil reports must be submitted to the Branch.

Trade Records

Trade Record booklets are provided by Sustainable Development when the Fisher receives his/her licence. The Fisher's name and number, date of transfer, species of fish, its form and its weight in kilograms, body of water in which the fish was caught are required on the Trade Records. A copy of every Trade Record is to be submitted to the address below no later than seven days after the end of each month.

Wildlife and Fisheries Branch
Sustainable Development
Box 20, 200 Saulteaux Crescent
Winnipeg, MB R3J 3W3

An immediate family member (spouse, common-law partner, parent, child or sibling) of a Fisher may sell fish caught by the Fisher, under authority of his or her 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. The family member must provide the consumer with a Trade Record as above and provide this to the Fisher for forward to the Department.

Season End Declaration

A Fisher who holds unsold fish at the end of the season authorized by his/her commercial fishing licence must submit a Season-End Declaration form, which are available from the Department. Season End Declarations are to be submitted to the address below no later than seven days after the end of the season.

Wildlife and Fisheries Branch
Sustainable Development
Box 20, 200 Saulteaux Crescent
Winnipeg, MB R3J 3W3

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.

Special Dealers

Special Dealers were licensed by the Freshwater Fish Marketing Corporation and were allowed to process and sell fish, bought from commercial fishers, to non-final consumers (grocery stores and restaurants, for example). The Fish Marketing Regulation replaces these Special Dealer Licences. Former Special Dealer Licence holders are required to follow the new regulations and reporting requirements .You will not be required to obtain a Fish Dealer Licence until your current Special Dealer Licence expires.

As a licensed Commercial Fisher a Fish Dealer Licence will be required if you conduct one of the following business activities:

  1. selling fish to a purchaser other than a final consumer or fur famer;
  2. buying fish from another Commercial Fisher; or
  3. exporting fish.

Please see the information under Fish Dealers to apply for a licence and information on mandatory reporting forms.

If, as part of your business activities, you process fish on behalf of other Fishers you may require a Fish Processing Facility Licence. Please see the information under Fish Processors to apply for a licence and mandatory reporting forms.

Loadslips

A person must not transport fish in the province unless the fish is accompanied by a loadslip form approved by the Branch Director that contains the following information:

  1. name of the person who caught the fish and, if applicable, the person's Fisher number and licence number under which the fish were caught;
  2. name of the person transporting the fish;
  3. date the fish is transported;
  4. species of fish, its form and its weight in kilograms;
  5. body of water in which the fish was caught;
  6. point at which the fish is loaded;
  7. address or location where the fish is to be delivered;
  8. if applicable, the Season End Declaration number under which the fish were kept by the Fisher.

A Loadslip must be signed by the Fisher or other person who caught the fish. A separate loadslip is required for each person's fish. A copy of each loadslip must be provided to the Branch Director no later than 7 days after the end of each month to:

Wildlife and Fisheries Branch
Sustainable Development
Box 20, 200 Saulteaux Crescent
Winnipeg, MB R3J 3W3

A copy of a Loadslip must be retained for two years after they are prepared by the Fisher or other person who issues the Lloadslip.

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.

NOTE: A Loadslip is not required when;

  • a licensed Fisher is transporting their fish from the landing location specified on their licence to a processing facility or Fish Dealer as specified on their licence
  • a consumer purchases fish from a licensed Fish Dealer or retail establishment and has the applicable fish sale record or receipt and
  • fish is transported with a bill of lading or other similar document issued by the licensed Fish Dealer which includes the information listed as per Loadslips.
Additional Information
Contact

Wildlife and Fisheries Branch
Department of Sustainable Development
Box 20 - 200 Saulteaux Crescent
Winnipeg, Manitoba
R3J 3W3
Phone # 204.945.6640
Fax # 204.948.2308
Email: fish@gov.mb.ca