Fisheries Act (R.S.C., 1985, c. F-14)

Act current to 2017-12-11 and last amended on 2016-04-05. Previous Versions

 [Repealed, 1991, c. 1, s. 3]

Lobster Fisheries

 [Repealed, 1991, c. 1, s. 4]

Marginal note:Licences for lobster pounds
  •  (1) No one shall maintain a pound or enclosure in which lobsters, legally caught during the open season, are retained for sale during the close season at a place where the pound or enclosure is located, or for export therefrom, except under a licence from the Minister, and no lobsters shall be taken from any such pound or enclosure and disposed of during the close season at the place where it is located, except under a certificate from a fishery officer or fishery guardian, setting out the pound or enclosure from which the lobsters were taken and that they had been legally caught during the open season.

  • Marginal note:Marking of pounds

    (2) Each pound or enclosure referred to in subsection (1) shall be marked with the name of the licensee and the number of his licence, and the marking shall be in black on a white ground, with letters and figures that are at least six inches in height.

  • Marginal note:Fee

    (3) The annual fee for a licence referred to in subsection (1) shall be seventy-five dollars.

  • R.S., c. F-14, s. 18.

 [Repealed, 1991, c. 1, s. 5]

Fishways

Marginal note:Studies, analyses, samplings and evaluations
  •  (1) If the Minister considers that doing so is necessary to ensure the free passage of fish or to prevent harm to fish, the owner or person who has the charge, management or control of an obstruction or any other thing that is harmful to fish shall, on the Minister’s request and within the period specified by the Minister, conduct studies, analyses, samplings and evaluations, and provide the Minister with any document or other information relating to them, to the obstruction or thing or to the fish or fish habitat that is affected or is likely to be affected by the obstruction or thing.

  • Marginal note:Minister’s request

    (2) If the Minister considers that doing so is necessary to ensure the free passage of fish or to prevent harm to fish, the owner or person who has the charge, management or control of an obstruction or any other thing that is harmful to fish shall, on the Minister’s request, within the period specified by the Minister and in accordance with any specifications of the Minister,

    • (a) remove the obstruction or thing;

    • (b) construct a fishway;

    • (c) implement a system of catching fish before the obstruction or thing, transporting them beyond it and releasing them back into the water;

    • (d) install a fish stop or a diverter;

    • (e) install a fish guard, a screen, a covering, netting or any other device to prevent the passage of fish into any water intake, ditch, channel or canal;

    • (f) maintain the flow of water that the Minister considers sufficient to permit the free passage of fish; or

    • (g) permit the escape, into the water below the obstruction or thing, at all times of the quantity of water that the Minister considers sufficient for the safety of fish or for the flooding of fish habitat to an appropriate depth.

  • Marginal note:Modification, repair and maintenance

    (3) On the Minister’s request, the owner or person referred to in subsection (2) shall

    • (a) make any provision that the Minister considers necessary for the free passage of fish or to prevent harm to fish during the construction, implementation, installation, modification or repair of anything mentioned in that subsection;

    • (b) operate and maintain that thing in a good and effective condition and in accordance with any specifications of the Minister; and

    • (c) modify or repair it in accordance with any specifications of the Minister.

  • Marginal note:Obstruction of free passage of fish

    (4) No person shall

    • (a) damage or obstruct any fishway constructed or used to enable fish to pass over or around any obstruction;

    • (b) damage or obstruct any fishway, fish stop or diverter constructed or installed on the Minister’s request;

    • (c) stop or hinder fish from entering or passing through any fishway, or from surmounting any obstacle or leap;

    • (d) damage, remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s request; or

    • (e) fish in any manner within 23 m downstream from the lower entrance to any fishway, obstruction or leap.

  • Marginal note:Exception — removal for repairs

    (5) Despite paragraph (4)(d), a person may remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s request if the removal is required for modification, repair or maintenance.

  • R.S., 1985, c. F-14, s. 20;
  • 2012, c. 19, s. 136, c. 31, s. 176.
Marginal note:Devices to prevent escape of fish
  •  (1) The Minister may authorize the installation and maintenance of fish guards, screens, coverings, netting or other devices in waters to prevent fish held for breeding from escaping or for any other purpose that the Minister considers to be in the public interest.

  • Marginal note:Removal

    (2) No person shall damage, remove or authorize the removal of such a fish guard, screen, covering, netting or other device, unless they are authorized to do so by the Minister.

  • R.S., 1985, c. F-14, s. 21;
  • 2012, c. 19, s. 136.

 [Repealed, 2012, c. 19, s. 136]

General Prohibitions

Marginal note:Fishing in limits leased to another prohibited

 No one shall fish for, take, catch or kill fish in any water, along any beach or within any fishery described in any lease or licence, or place, use, draw or set therein any fishing gear or apparatus, except by permission of the occupant under the lease or licence for the time being, or shall disturb or injure any such fishery.

  • R.S., c. F-14, s. 21.
Marginal note:Seines, nets, etc., not to obstruct navigation

 Seines, nets or other fishing apparatus shall not be set or used in such manner or in such place as to obstruct the navigation of boats and vessels and no boats or vessels shall destroy or wantonly injure in any way seines, nets or other fishing apparatus lawfully set.

  • R.S., c. F-14, s. 22.
Marginal note:Setting gear during close time
  •  (1) Subject to the regulations, no person shall place or set any fishing gear or apparatus in any water, along any beach or within any fishery during a close time.

  • Marginal note:Removal of gear

    (2) Subject to the regulations and subsection (3), any person who places or sets any fishing gear or apparatus in any water, along any beach or within any fishery shall remove it when the gear or apparatus is not being tended and prior to the commencement of a close time.

  • Marginal note:Officer’s discretion

    (3) A fishery officer may permit fishing gear or apparatus to remain in the water, along a beach or within a fishery after the commencement of a close time for any period the fishery officer considers necessary to permit the removal of the gear or apparatus.

  • R.S., 1985, c. F-14, s. 25;
  • 1991, c. 1, s. 6.

 [Repealed, 2012, c. 19, s. 137]

 [Repealed, 2012, c. 19, s. 137]

Marginal note:Use of explosives prohibited

 No one shall hunt or kill fish or marine animals of any kind, other than porpoises, whales, walruses, sea-lions and hair seals, by means of rockets, explosive materials, explosive projectiles or shells.

  • R.S., c. F-14, s. 26.
Marginal note:Obstructing passage of fish or waters
  •  (1) No person shall erect, use or maintain any seine, net, weir or other fishing appliance that

    • (a) unduly obstructs the passage of fish in any Canadian fisheries waters, whether subject to any exclusive right of fishery or not; or

    • (b) obstructs more than two thirds of the width of any river or stream or more than one third of the width of the main channel at low tide of any tidal stream.

  • Marginal note:Removal

    (2) The Minister or a fishery officer may order the removal of or remove any seine, net, weir or other fishing appliance that, in the opinion of the Minister or fishery officer, results in an obstruction referred to in paragraph (1)(a) or (b).

  • Marginal note:Tidal streams

    (3) For the purposes of paragraph (1)(b), if a tidal stream has no main channel at low tide, then the tidal stream’s width is considered to be the width of its main channel.

  • R.S., 1985, c. F-14, s. 29;
  • 2012, c. 31, s. 173.
 
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