Marginal note:Permit required

• 31. (1) No one shall catch, fish for, take, buy, sell, possess or export any fish for the purposes of converting it into fish meal, manure, guano or fertilizer, or for the manufacture or conversion of the fish into oil, fish meal or manure or other fertilizing product, except under authority of the Minister.

• Marginal note:Exception by Minister

  (2) The Minister may, by notice published in the Canada Gazette, except any kind or kinds of fish from the operation of all or any part of subsection (1).

Marginal note:Destruction of fish

32. No person shall destroy fish by any means other than fishing except as authorized by the Minister or under regulations made by the Governor in Council under this Act.

Marginal note:Unlawful sale or possession

33. No person shall purchase, sell or possess any fish that has been caught in contravention of this Act or the regulations.

Marginal note:Definition of "fishing plan"

• 33.1 (1) In this section, “fishing plan” means a Nisga’a annual fishing plan, as defined in the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act, that is approved, or varied and approved, by the Minister in accordance with that Agreement.

• Marginal note:Contravention of fishing plan

  (2) Where a fishing plan stipulates that this subsection applies to certain of its provisions relating to persons engaged in harvesting, sale or related activities, no person shall contravene any of those provisions.

• Marginal note:Conditions of prosecution

  (3) No proceedings may be commenced in respect of an offence for the contravention of subsection (2)

  • (a) except in accordance with an agreement, made under paragraph 93 of the Fisheries Chapter of the Nisga’a Final Agreement, concerning enforcement of federal laws or Nisga’a laws; or

  • (b) unless the Minister, or a person appointed to a position in the Department of Fisheries and Oceans who is authorized by the Minister, considers such proceedings to be necessary to ensure compliance with the fishing plan.

Marginal note:Definitions

• 34. (1) For the purposes of sections 35 to 43,

  “deleterious substance”

  « substance nocive »

  “deleterious substance” means

  • (a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water, or

  • (b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water,

  and without limiting the generality of the foregoing includes

  • (c) any substance or class of substances prescribed pursuant to paragraph (2)(a),

  • (d) any water that contains any substance or class of substances in a quantity or concentration that is equal to or in excess of a quantity or concentration prescribed in respect of that substance or class of substances pursuant to paragraph (2)(b), and

  • (e) any water that has been subjected to a treatment, process or change prescribed pursuant to paragraph (2)(c);

  “deposit”

  « immersion » ou « rejet »

  “deposit” means any discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing;

  “fish habitat”

  « habitat du poisson »

  “fish habitat” means spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes;

  “water frequented by fish”

  « eaux où vivent des poissons »

  “water frequented by fish” means Canadian fisheries waters.

• Marginal note:Regulations for purpose of definition "deleterious substance"

  (2) The Governor in Council may make regulations prescribing

  • (a) substances and classes of substances,

  • (b) quantities or concentrations of substances and classes of substances in water, and

  • (c) treatments, processes and changes of water

  for the purpose of paragraphs (c) to (e) of the definition "deleterious substance" in subsection (1).