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Fishery (General) Regulations

Version of section 39 from 2013-03-08 to 2020-11-29:

  •  (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.

  • SOR/98-481, s. 3
  • SOR/2003-369, s. 5(F)
  • SOR/2010-270, s. 10
  • SOR/2013-36, s. 1
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