36. and 37. [Repealed, SOR/99-296, s. 8]

38. [Repealed, SOR/2003-137, s. 21]

39. No person shall fish for or catch and retain herring under the authority of a licence set out in column I of an item of Schedule V from the waters set out in column II of that item with the type of fishing gear set out in column III of that item during the close time set out in column IV of that item.

40. Where notified by a fishery officer or fishery guardian that a roe herring fishery is about to be opened in an area, a person who is operating a fishing vessel in that area shall, unless the vessel is authorized to be used in the roe herring fishery in that area pursuant to a Category H licence, remove the vessel from the area until the fishery has opened.

• 41. (1) A fishery officer may designate an area as a herring spawning ground and establish the boundaries of the area and the period of time for which the area is designated as a herring spawning ground.

• (2) Where an area is designated as a herring spawning ground under subsection (1), notice of the designation shall be given by the fishery officer to the persons affected or likely to be affected by the designation by one or more of the methods set out in respect of the variation of close times in section 7 of the Fishery (General) Regulations.

• (3) No person shall, in an area designated as a herring spawning ground under subsection (1),

  • (a) transfer herring from one vessel to another; or

  • (b) anchor any fishing vessel or any other vessel used to assist in herring fishing.

42. [Repealed, SOR/99-296, s. 9]

43. [Repealed, SOR/99-296, s. 10]

• 44. (1) No person shall establish or operate a herring enclosure unless authorized to do so under a Category J or Z licence.

• (2) and (3) [Repealed, SOR/99-296, s. 11]

• 45. (1) Where a fishery officer has evidence of excessive mortality of herring in a herring enclosure, the fishery officer may direct the operator of the enclosure to release all herring contained therein and, where the operator of the enclosure cannot be readily located, may release the herring from the enclosure.

• (2) No person shall fail to comply with a direction given under subsection (1).

• (3) Where a fishery officer releases herring from a herring enclosure under subsection (1), the fishery officer shall, as soon as practicable, notify the operator of the enclosure of the release.

46. [Repealed, SOR/99-296, s. 12]