Fisheries Act (R.S.C., 1985, c. F-14)

Marginal note:Taking cetaceans into captivity

• 23.1 (1) Subject to subsection (2), no one shall fish for a cetacean with the intent to take it into captivity.

• Marginal note:Exception

  (2) The Minister may, subject to any conditions that he or she may specify, authorize a person to fish for a cetacean with the intent to take it into captivity if he or she is of the opinion that the circumstances so require, including when the cetacean is injured or in distress or is in need of care.

Marginal note:Importation and exportation — cetaceans

• 23.2 (1) No person shall import into Canada or export from Canada, or attempt to import or export, a living cetacean or sperm, an egg or an embryo of a cetacean, except in accordance with a permit issued under subsection (2).

• Marginal note:Issuance of permit

  (2) The Minister may issue a permit authorizing the importation or exportation of a living cetacean or sperm, an egg or an embryo of a cetacean and impose any conditions that the Minister considers appropriate in the permit, if the importation or exportation is for the purpose of

  • (a) conducting scientific research; or

  • (b) keeping the cetacean in captivity if it is in the best interests of the cetacean’s welfare to do so.

• Marginal note:Amendment, suspension or cancellation

  (3) The Minister may amend, suspend or cancel a permit issued under subsection (2).

Marginal note:Exception to the Criminal Code — scientific research

• 23.3 (1) Subsection 445.2(2) of the Criminal Code does not apply to a person who conducts scientific research in accordance with a licence issued by the Minister under subsection (2).

• Marginal note:Issuance of licence

  (2) The Minister may issue a licence authorizing any person to conduct scientific research with respect to cetaceans and impose any conditions that the Minister considers appropriate in the licence.

Marginal note:Exception to the Criminal Code — cetacean’s captivity in its best interests

• 23.4 (1) Paragraph 445.2(2)(a) of the Criminal Code does not apply to a person who keeps a cetacean in captivity in the best interests of the cetacean’s welfare in accordance with a licence issued by the Minister under subsection (2).

• Marginal note:Issuance of licence

  (2) The Minister may issue a licence authorizing any person to keep a cetacean in captivity in the best interests of the cetacean’s welfare and impose any conditions that the Minister considers appropriate in the licence.

Marginal note:Exception to the Criminal Code — scientific research by federal employees

23.5 Subsection 445.2(2) of the Criminal Code does not apply to the employees of any federal entity set out in Schedules I to V of the Financial Administration Act who are performing their duties or functions in relation to scientific research with respect to cetaceans and to persons who are assisting them.

Marginal note:Exception to the Criminal Code — federal employees keeping cetaceans in captivity

23.6 Paragraph 445.2(2)(a) of the Criminal Code does not apply to the employees of any federal entity set out in Schedules I to V of the Financial Administration Act who are performing their duties or functions in relation to the keeping of a cetacean in captivity in the best interests of the cetacean’s welfare and to persons who are assisting them.

Marginal note:Seines, nets, etc., not to obstruct navigation

24 Seines, nets or other fishing apparatus shall not be set or used in such a manner or in such a place that they or any equipment that is attached to any of them obstructs the navigation of boats and vessels and no boats or vessels shall destroy or wantonly injure in any way seines, nets or other fishing apparatus lawfully set or used or any equipment that is attached to any of them.

Marginal note:Setting gear during close time

• 25 (1) Subject to the regulations, no person shall place or set any fishing gear or apparatus in any water, along any beach or within any fishery during a close time.

• Marginal note:Removal of gear

  (2) Subject to the regulations and subsection (3), any person who places or sets any fishing gear or apparatus in any water, along any beach or within any fishery shall remove it when the gear or apparatus is not being tended and prior to the commencement of a close time.

• Marginal note:Officer’s discretion

  (3) A fishery officer may permit fishing gear or apparatus to remain in the water, along a beach or within a fishery after the commencement of a close time for any period the fishery officer considers necessary to permit the removal of the gear or apparatus.

26 [Repealed, 2012, c. 19, s. 137]

27 [Repealed, 2012, c. 19, s. 137]

28 [Repealed, 2019, c. 14, s. 17]

Marginal note:Obstructing passage of fish or waters

• 29 (1) No person shall, for the purpose of fishing, place, erect, use or maintain any seine, net, weir or other fishing gear or apparatus, or any log, rock or material of any kind that

  • (a) unduly obstructs the passage of fish in any Canadian fisheries waters, whether subject to any exclusive right of fishery or not; or

  • (b) obstructs more than two thirds of the width of any river or stream or more than one third of the width of the main channel at low tide of any tidal stream.

• Marginal note:Removal

  (2) The Minister or a fishery officer may order the removal of or remove any seine, net, weir or other fishing gear or apparatus, or any log, rock or material of any kind that, in the opinion of the Minister or fishery officer, results in an obstruction referred to in paragraph (1)(a) or (b).

• Marginal note:Tidal streams

  (3) For the purposes of paragraph (1)(b), if a tidal stream has no main channel at low tide, then the tidal stream’s width is considered to be the width of its main channel.

30 [Repealed, 2012, c. 19, s. 138]

Marginal note:Permit required

• 31 (1) No one shall catch, fish for, take, buy, sell, possess or export any fish for the purposes of converting it into fish meal, manure, guano or fertilizer, or for the manufacture or conversion of the fish into oil, fish meal or manure or other fertilizing product, except under authority of the Minister.

• Marginal note:Exception by Minister

  (2) The Minister may, by notice published in the Canada Gazette, except any kind or kinds of fish from the operation of all or any part of subsection (1).

Marginal note:Shark finning

• 32 (1) No person shall engage in the practice of shark finning.

• Marginal note:Definition of shark finning

  (2) In this section, shark finning means the practice of removing the fins from a shark and discarding the remainder of the shark while at sea.

Marginal note:Importation and exportation

• 32.1 (1) No person shall import into Canada or export from Canada, or attempt to so import or export, any shark fins or parts of shark fins that are not attached to a shark carcass except in accordance with a permit issued under subsection (2).

• Marginal note:Issuance of permit

  (2) The Minister may issue a permit authorizing the importation or exportation into or from Canada of any shark fins or parts of shark fins that are not attached to a shark carcass and impose any conditions that the Minister considers appropriate in the permit

  • (a) if the importation or exportation is for the purpose of scientific research relating to shark conservation; and

  • (b) if, in the Minister’s opinion, the scientific research is likely to benefit the survival of any shark species or is required to enhance the chances of survival of any shark species in the wild.

• Marginal note:Amendment, suspension or cancellation

  (3) The Minister may amend, suspend or cancel a permit issued under subsection (2).

Marginal note:Unlawful sale or possession

33 No person shall purchase, sell or possess any fish that has been caught in contravention of this Act or the regulations.

Marginal note:Definition of “fishing plan”

• 33.1 (1) In this section, fishing plan means a Nisga’a annual fishing plan, as defined in the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act, that is approved, or varied and approved, by the Minister in accordance with that Agreement.

• Marginal note:Contravention of fishing plan

  (2) Where a fishing plan stipulates that this subsection applies to certain of its provisions relating to persons engaged in harvesting, sale or related activities, no person shall contravene any of those provisions.

• Marginal note:Conditions of prosecution

  (3) No proceedings may be commenced in respect of an offence for the contravention of subsection (2)

  • (a) except in accordance with an agreement, made under paragraph 93 of the Fisheries Chapter of the Nisga’a Final Agreement, concerning enforcement of federal laws or Nisga’a laws; or

  • (b) unless the Minister, or a person appointed to a position in the Department of Fisheries and Oceans who is authorized by the Minister, considers such proceedings to be necessary to ensure compliance with the fishing plan.