Pacific Fishery Regulations, 1993 (SOR/93-54)
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Regulations are current to 2012-05-14 and last amended on 2010-12-18. Previous Versions
Pacific Fishery Regulations, 1993
SOR/93-54
Registration 1993-02-04
Regulations Respecting Fishing in the Pacific Ocean and the Province of British Columbia, 1993
P.C. 1993-187 1993-02-04
His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to sections 8, 43Footnote *, 46 and subsection 87(2) of the Fisheries Act, is pleased hereby to revoke the British Columbia Fishery (General) Regulations, made by Order in Council P.C. 1984-966 of March 22, 1984Footnote **, the Pacific Coast Marine Plant Regulations, C.R.C., c. 822, the Pacific Commercial Salmon Fishery Regulations, C.R.C., c. 823, the Pacific Fishery Regulations, 1984, made by Order in Council P.C. 1984-1405 of April 20, 1984Footnote ***, the Pacific Herring Fishery Regulations, made by Order in Council P.C. 1984-1320 of April 18, 1984Footnote ****, the Pacific Shellfish Regulations, C.R.C., c. 826, and the Tuna Fishery Regulations, made by Order in Council P.C. 1984-2268 of June 28, 1984Footnote *****, and to make the annexed Regulations respecting fishing in the Pacific Ocean and the Province of British Columbia, 1993, in substitution therefor, effective February 24, 1993.
Return to footnote *S.C. 1991, c. 1, s. 12
Return to footnote **SOR/84-248, 1984 Canada Gazette Part II, p. 1235
Return to footnote ***SOR/84-337, 1984 Canada Gazette Part II, p. 1868
Return to footnote ****SOR/84-324, 1984 Canada Gazette Part II, p. 1693
Return to footnote *****SOR/84-499, 1984 Canada Gazette Part II, p. 2915
SHORT TITLE
1. These Regulations may be cited as the Pacific Fishery Regulations, 1993.
INTERPRETATION
2. (1) In these Regulations,
- “Act”
“Act” means the Fisheries Act; (Loi)
- “Area”
“Area” has the same meaning as in section 2 of the Pacific Fishery Management Area Regulations; (secteur)
- “bait herring”
“bait herring” means herring taken for use as bait; (hareng-appât)
- “band”
“band”[Repealed, SOR/93-334, s. 1]
- “barbless hook”
“barbless hook”[Repealed, SOR/99-296, s. 1]
- “beam trawl net”
“beam trawl net” means a trawl net the mouth of which is held open by a beam or pole that is held horizontally across the mouth of the net while the net is under tow; (chalut à perche)
- “bottom trawl”
“bottom trawl” means a trawl net that is towed along the bed of the water; (chalut de fond)
- “corkline to web distance”
“corkline to web distance” means the shortest distance between the corkline of a gill net and the webbing of the gill net; (distance entre la ralingue et la nappe)
- “Department”
“Department” means the Department of Fisheries and Oceans; (ministère)
- “drag seine”
“drag seine” means a net, weighted at the bottom and floated at the top, that is used to enclose an area of water and is then drawn ashore; (senne traînante)
- “fish landing station”
“fish landing station” means
(a) a building within the Province or a barge permanently affixed to the shore in the Province that is licensed to be used as a fish buying station or fish processing plant under the Fisheries Act of British Columbia, as amended from time to time, or
(b) a vessel in respect of which a licence has been issued under subsection 18(4); (poste de débarquement du poisson)
- “fishwheel”
“fishwheel” means a frame with a wheel to which are attached devices to scoop fish from the water; (filet rotatif)
- “food herring”
“food herring” means herring taken for human consumption but does not include roe herring or herring spawn on kelp; (hareng de consommation)
- “gill net”
“gill net” means a net that is used to catch fish by enmeshing them and that does not enclose an area of water; (filet maillant)
- “herring enclosure”
“herring enclosure” means any type of enclosure used or intended to be used to confine live herring or herring spawn on kelp; (parc à harengs)
- “hook and line”
“hook and line” includes longline and trolling gear; (hameçon et ligne)
- “Indian food fishing”
“Indian food fishing”[Repealed, SOR/93-334, s. 1]
- “Inside Salmon Troll Area”
“Inside Salmon Troll Area”[Repealed, SOR/96-330, s. 1]
- “longline”
“longline” means a line that has a hook or hooks attached to it and that is anchored to the bed of the water; (palangre)
- “mesh size”
“mesh size” means the total length of twine measured along two contiguous sides of a single mesh, including the distance across the knot joining those sides but not including any other knots; (maillage)
- “midwater trawl”
“midwater trawl” means a trawl net other than a bottom trawl; (chalut pélagique)
- “non-tidal waters”
“non-tidal waters” means the waters of the Province other than tidal waters; (eaux sans marée)
- “otter trawl net”
“otter trawl net” means a trawl net the mouth of which is held open by boards of wood or metal or both, referred to as otter boards or doors, while the net is under tow; (chalut à panneaux)
- “Outside Salmon Troll Area”
“Outside Salmon Troll Area”[Repealed, SOR/96-330, s. 1]
- “owner”
“owner”, in respect of a vessel, means the person or band in whose name the vessel is registered; (propriétaire)
- “Province”
“Province” means the Province of British Columbia; (province)
- “Regional Director-General”
“Regional Director-General” means the Regional Director-General of the Department for the Pacific Region; (directeur général régional)
- “registered”
“registered” means registered with the Department pursuant to section 19; (enregistré)
- “ring net”
“ring net” means a bag-shaped net that is hung on a frame to which a line is attached; (bolinche)
- “roe herring”
“roe herring” means
(a) herring found in or taken from the waters of Subareas 6-1, 6-2, 8-13, 8-14 and 8-15 during the period beginning on May 1 and ending on June 30, and
(b) herring found in or taken from any waters not referred to in paragraph (a) during the period beginning on February 10 and ending on April 30; (hareng prêt à frayer)
- “salmon”
“salmon” includes steelhead trout; (saumon)
- “Salmon Area F”
“Salmon Area F” means the waters of Areas 1 to 11, 101 to 111, 130 and 142; (secteur F du saumon)
- “Salmon Area G”
“Salmon Area G” means the waters of Subareas 12-5 to 12-16, Areas 20 to 27 and 121 to 127; (secteur G du saumon)
- “Salmon Area H”
“Salmon Area H” means the waters of Areas 12 to 19, 28 and 29; (secteur H du saumon)
- “seine”
“seine” includes a purse seine and a drag seine; (senne)
- “shellfish”
“shellfish” means Mollusca, Echinodermata and Crustacea; (mollusquesetcrustacés)
- “Subarea”
“Subarea” has the same meaning as in section 2 of the Pacific Fishery Management Area Regulations; (sous-secteur)
- “surfline”
“surfline” has the same meaning as in section 2 of the Pacific Fishery Management Area Regulations; (ligne de démarcation)
- “tidal waters”
“tidal waters” means the waters of the Areas enumerated and described in Schedule II to the Pacific Fishery Management Area Regulations; (eaux à marée)
- “trap”
“trap” means an enclosure that is designed to capture fish, but does not include a trap net, a trawl net or a purse seine; (casier)
- “trap net”
“trap net”[Repealed, SOR/99-296, s. 1]
- “trawl net”
“trawl net” means any bag-type net that is dragged in the water by a vessel for the purpose of catching fish; (chalut)
- “trip”
“trip”[Repealed, SOR/95-181, s. 1; SOR/99-296, s. 1]
- “trolling”
“trolling” means fishing with a hook or hooks attached to a line that is towed through the water by or from a vessel; (pêche à la traîne)
- “validation tab”
“validation tab” means a tab or decal issued with a commercial fishing licence that indicates the year and the fishery for which the licence is valid. (plaquette de validation)
(2) A reference in these Regulations to a species or group of species of fish by its common name as set out in column I of an item of Schedule I shall be construed as a reference to the species or group of species of fish whose scientific name is set out in column II of that item.
(3) All references in these Regulations to measurements of mesh size, depth, length or any other dimension of a net shall be construed as references to measurements taken when the net is wet.
- SOR/93-334, s. 1;
- SOR/94-391, s. 1;
- SOR/95-181, s. 1;
- SOR/96-330, s. 1;
- SOR/97-267, s. 1;
- SOR/99-296, s. 1;
- SOR/2003-8, s. 1.