36. (1) No person shall possess fish that were caught by any person while fishing for recreational or sport purposes and that have been skinned, cut, packed or otherwise dealt with in such a manner that

• (a) the species cannot be readily determined;

• (b) the number of fish cannot be readily determined;

• (c) where weight is used to determine catch limits, the weight of the fish cannot be readily determined; and

• (d) where size limits are applicable, the size of the fish cannot be readily determined.

(2) No person who catches and retains a fish under the authority of a licence issued for the purpose of commercial fishing shall have the fish in possession if the fish is skinned, cut, packed or otherwise dealt with in such a manner that

• (a) the species cannot be readily identified;

• (b) the number of fish cannot be readily determined;

• (c) the weight of the fish cannot be readily determined; and

• (d) where size limits are applicable, the size of the fish cannot be readily determined.

37. (1) Unless authorized under the Act, these Regulations or any of the Regulations listed in subsection 3(4), no person shall fish in or remove fish from a fish hatchery, fish rearing establishment, fish holding facility or fish collection facility operated by the Department.

(2) Subject to subsection (3), no person shall fish within a 100 m radius of any facility operated by or on behalf of the Department, the Province of Nova Scotia, New Brunswick, British Columbia, Prince Edward Island or Newfoundland and Labrador, the Yukon Territory or the Northwest Territories for the purpose of the counting, passage or rearing of fish.

(3) A fishery officer may determine, taking into account the configuration of the waters, the amount of water flow and any other relevant circumstances, that the distance set out in subsection (2) is longer than required to protect fish, and may shorten the distance by placing a sign or signs, as may be appropriate, to delimit the shorter distance.

(4) Where a sign has been placed under subsection (3), no person shall fish between that sign and any facility referred to in subsection (2).

38. (1) Notwithstanding section 25 of the Act, a fishery officer may, in writing, authorize a person to place a net in waters closed to fishing with that net for the purposes of cleaning the net.

(2) An authorization given under subsection (1) shall specify the location at which the net may be placed, the manner in which the net may be placed and the period of time for which the authorization is valid.

39. (1) The Regional Director-General may designate as an observer any individual who is qualified and trained to perform any of the duties described in subsection (2) and who

• (a) does not hold a certificate of accreditation issued under the Professional Fish Harvesters Act, S.N. 1996, c. P-26.1, or a fisher’s registration card;

• (b) does not purchase fish for the purpose of resale; and

• (c) is not an owner, operator, manager or employee of an enterprise that catches, cultures, processes or transports fish.

(2) The Regional Director-General shall assign to an observer designated under subsection (1) one or more of the following duties:

• (a) the monitoring of fishing activities, the examination and measurement of fishing gear, the recording of scientific data and observations and the taking of samples;

• (b) the monitoring of the landing of fish and the verification of the weight and species of fish caught and retained; and

• (c) conducting biological examination and sampling of fish.

(2.1) An observer designated under subsection (1) shall transmit in a timely manner to the Department or to a corporation designated under subsection 39.1(1), as the case may be, the information collected and compiled in the course of their duties under subsection 39(2).

(3) An observer who is assigned the duties set out in paragraph (2)(a) shall perform those duties while on board a fishing vessel or in an aquaculture facility.

(4) An observer who is assigned the duties set out in paragraph (2)(b) shall perform those duties while at a fish landing station or in an aquaculture facility.

(5) An observer who is assigned the duties set out in paragraph (2)(c) shall perform those duties while on board a fishing vessel, at a fish landing station or in an aquaculture facility.

(6) The Regional Director-General may revoke the designation of an observer designated under subsection (1) if the observer

• (a) no longer complies with the criteria set out in that subsection;

• (b) performs his or her duties in respect of a fisher with whom the observer is not dealing at arm’s length;

• (c) falsifies any information transmitted in the course of his or her duties or fails to perform those duties; or

• (d) fails to perform his or her duties in a competent and professional manner.