Aboriginal Communal Fishing Licences Regulations (SOR/93-332)

Regulations are current to 2014-06-12 and last amended on 2009-04-01. Previous Versions

Aboriginal Communal Fishing Licences Regulations

SOR/93-332

FISHERIES ACT

Registration 1993-06-16

Regulations Respecting Fishing Carried on in Accordance with Aboriginal Communal Fishing Licences

P.C. 1993-1318 1993-06-16

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43Footnote * of the Fisheries Act, is pleased hereby to revoke the Aboriginal Fisheries Agreements Regulations, made by Order in Council P.C. 1992-1456 of June 26, 1992Footnote **, and to make the annexed Regulations respecting fishing carried on in accordance with aboriginal communal fishing licences, in substitution therefor.

SHORT TITLE

 These Regulations may be cited as the Aboriginal Communal Fishing Licences Regulations.

INTERPRETATION

 In these Regulations,

“aboriginal organization”

“aboriginal organization” includes an Indian band, an Indian band council, a tribal council and an organization that represents a territorially based aboriginal community; (organisation autochtone)

“designated”

“designated”[Repealed, SOR/2002-225, s. 11]

“licence”

“licence” means a communal licence issued under subsection 4(1); (permis)

“Minister”

“Minister” means, in respect of

  • (a) fisheries for the fish and species of fish described in subsection 3(1) of the Quebec Fishery Regulations, 1990, in the waters referred to in that subsection, the Minister responsible in the Province of Quebec for the application of An Act respecting the conservation and development of wildlife, R.S.Q., c. C-61.1,

  • (a.1) fisheries in the non-tidal waters of Ontario, the Minister of Natural Resources for Ontario; and

  • (b) any other fishery, the Minister of Fisheries and Oceans. (ministre)

  • SOR/94-390, s. 1;
  • SOR/94-531, ss. 1, 2;
  • SOR/95-106, s. 1;
  • SOR/2002-225, s. 11;
  • SOR/2003-176, s. 25;
  • SOR/2005-269, s. 54;
  • SOR/2008-99, s. 13;
  • SOR/2008-322, s. 36.

APPLICATION

  •  (1) These Regulations apply in respect of

    • (a) fisheries in Canadian fisheries waters in and adjacent to Ontario, Quebec, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and the Northwest Territories;

    • (b) fisheries in the tidal waters in and adjacent to Manitoba;

    • (c) fisheries in tidal waters in and adjacent to the Yukon Territory and fisheries in the Yukon Territory for fish of an anadromous stock of chum salmon, coho salmon, chinook salmon, pink salmon, sockeye salmon, rainbow trout, the family Coregonidae (whitefish and cisco) or Arctic char; and

    • (d) fisheries in the waters of the Areas enumerated and described in Schedule II to the Pacific Fishery Management Area Regulations and salmon fisheries in British Columbia.

  • (2) These Regulations do not apply in respect of national parks.

  • SOR/94-390, s. 2;
  • SOR/94-531, ss. 3, 4;
  • SOR/95-106, s. 2.

COMMUNAL LICENCES

  •  (1) The Minister may issue a communal licence to an aboriginal organization to carry on fishing and related activities.

  • (2) The Minister may designate, in the licence,

    • (a) the persons who may fish under the authority of the licence, and

    • (b) the vessels that may be used to fish under the authority of the licence.

  • (3) If the Minister does not designate the persons who may fish under the authority of the licence, the aboriginal organization may designate, in writing, those persons.

  • (4) If the Minister does not designate the vessels that may be used to fish under the authority of the licence, the aboriginal organization may designate, in writing, those vessels.

  • SOR/2002-225, s. 12.
  •  (1) For the proper management and control of fisheries and the conservation and protection of fish, the Minister may specify in a licence any condition respecting any of the matters set out in paragraphs 22(1)(b) to (z.1) of the Fishery (General) Regulations and any condition respecting any of the following matters, without restricting the generality of the foregoing:

    • (a) the species and quantities of fish that are permitted to be taken or transported;

    • (b) the method by which and when the licence holder is to notify the Minister of designations, the documents that constitute proof of designation, when, under what circumstances and to whom proof of designation must be produced, the documents or information that designated persons and vessels must carry when carrying on fishing and related activities, and when, under what circumstances and to whom the documents or information must be produced;

    • (c) the method to be used to mark and identify vessels and fishing gear;

    • (d) the locations and times at which landing of fish is permitted;

    • (e) the method to be used for the landing of fish and the methods by which the quantity of the fish is to be determined;

    • (f) the information that a designated person or the master of a designated vessel is to report to the Minister or a person specified by the licence holder, prior to commencement of fishing, with respect to where and when fishing will be carried on, including the method by which, the times at which and the person to whom the report is to be made;

    • (g) the locations and times of inspections of the contents of the hold and the procedure to be used in conducting those inspections;

    • (h) the maximum number of persons or vessels that may be designated to carry on fishing and related activities;

    • (i) the maximum number of designated persons who may fish at any one time;

    • (j) the type, size and quantity of fishing gear that may be used by a designated person;

    • (k) the circumstances under which fish are to be marked for scientific or administrative purposes; and

    • (l) the disposition of fish caught under the authority of the licence.

    • SOR/94-390, s. 3;
    • SOR/2002-225, s. 13.
  • (2) [Repealed, SOR/2002-225, s. 13]

 [Repealed, SOR/2002-225, s. 14]

PROHIBITIONS

 No person carrying on fishing or any related activity under the authority of a licence shall contravene or fail to comply with any condition of the licence.

 No person other than a designated person may fish under the authority of a licence.

  •  (1) No person who is authorized to fish under the authority of a licence shall fish for or catch and retain any species of fish in any area of the waters referred to in subsection 3(1) during the close time beginning on December 29 and ending on December 31.

  • (2) The close time established by subsection (1) is considered to be fixed separately and individually with respect to any species of fish found in any of the waters referred to in subsection 3(1).

  • SOR/94-390, s. 4.

 [Revoked, SOR/94-390, s. 4]