Fishery (General) Regulations (SOR/93-53)

Regulations are current to 2014-04-02 and last amended on 2013-11-25. Previous Versions

Embarking and Disembarking Assistance

 Where a fishery officer, fishery guardian, inspector or observer has to climb up or down more than 1.2 m to embark or disembark from a fishing vessel, sections 4 to 16 of the Pilot Ladder Regulations apply to the master of the fishing vessel, with such modifications as the circumstances may require.

PART VIIFISHING FOR EXPERIMENTAL, SCIENTIFIC, EDUCATIONAL OR PUBLIC DISPLAY PURPOSES

Interpretation

 In this Part, “licence” means a licence to fish for experimental, scientific, educational or public display purposes.

Licence

 No person shall fish for experimental, scientific, educational or public display purposes unless authorized to do so under a licence.

 Notwithstanding any provisions of any of the Regulations listed in subsection 3(4), the Minister may issue a licence if fishing for experimental, scientific, educational or public display purposes would be in keeping with the proper management and control of fisheries.

Licence Fee

  •  (1) The fee for a licence to fish for public display purposes is $100.

  • (2) There is no fee for a licence to fish for experimental, scientific or educational purposes.

PART VIIIRELEASE OF LIVE FISH INTO FISH HABITAT AND TRANSFER OF LIVE FISH TO A FISH REARING FACILITY

Interpretation

 In this Part, “licence” means a licence to release live fish into fish habitat or to transfer live fish to a fish rearing facility.

Release or Transfer of Fish

  •  (1) Subject to subsection (2), no person shall, unless authorized to do so under a licence,

    • (a) release live fish into any fish habitat; or

    • (b) transfer any live fish to any fish rearing facility.

  • (2) Subsection (1) does not apply in respect of fish that is immediately returned to the waters in which it was caught.

Licence to Release or Transfer Fish

 The Minister may issue a licence if

  • (a) the release or transfer of the fish would be in keeping with the proper management and control of fisheries;

  • (b) the fish do not have any disease or disease agent that may be harmful to the protection and conservation of fish; and

  • (c) the release or transfer of the fish will not have an adverse effect on the stock size of fish or the genetic characteristics of fish or fish stocks.

Licence Fee

 There is no fee for a licence issued under this Part.

PART IXAUTHORIZATION TO ALTER FISH HABITAT

Authorization

 [Repealed, SOR/2013-191, s. 9]

PART XREMOVAL OF OBSTRUCTIONS TO THE PASSAGE OF FISH

 Where the Minister is satisfied that any natural obstruction that exists in any waters is interfering or is likely to interfere with the free passage of fish, the Minister may cause the obstruction to be removed in whole or in part.

PART XIPENALTIES AND FORFEITURES PROCEEDS

To Government of Canada

  •  (1) Where an information is laid by a fishery officer or a fishery guardian employed by the Government of Canada relating to an offence under the Act, the payment of the proceeds of any penalty imposed arising from a conviction for the offence shall be made to the Minister.

  • (2) Where an information is laid by a fishery officer or a fishery guardian employed by the Government of Canada relating to an offence under the Act, the payment of any proceeds of the sale of any forfeited articles arising from a conviction for the offence shall be made to the Minister.