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Ontario Fishery Regulations, 1989

Version of section 36.2 from 2006-03-22 to 2007-12-31:

  •  (1) In this section,

    Director

    Director means the Director of the Great Lakes Branch of the Ontario Ministry of Natural Resources; (directeur)

    observer

    observer means a person designated under subsection (2). (observateur)

  • (2) The Director may designate any person as an observer for the purposes of these Regulations and may assign to the observer any of the following duties:

    • (a) the monitoring of fishing activities;

    • (b) the examination and measurement of fishing gear and fish on board a vessel;

    • (c) the examination of records relating to fishing activities; and

    • (d) the taking of samples of fish.

  • (3) The Director shall provide each observer with a certificate that certifies the observer’s designation as such.

  • (4) An observer shall, on request, on boarding any vessel to perform the observers’ duties show the certificate of designation to the person in charge of the vessel.

  • (5) Any person who holds a commercial fishing licence shall

    • (a) at the request of an observer, permit the observer to go on board the person’s vessel to perform any of the assigned duties described in subsection (2); and

    • (b) provide the observer with such assistance as is reasonably necessary to enable the observer to perform those duties, including

      • (i) facilitating the sending and receiving of messages by means of the communications equipment on board the vessel,

      • (ii) providing the position of the vessel in latitude and longitude or Loran C reading, Global Positioning System or any equivalent system,

      • (iii) giving access to all areas of the vessel involved in fishing or fish processing or storage operations,

      • (iv) providing suitable storage facilities for samples,

      • (v) permitting photographs or video recordings to be taken of fishing operations, gear and equipment,

      • (vi) permitting embarkation and disembarkation at agreed times and places, and

      • (vii) permitting the removal from the vessel of samples, records, photographs and film taken or made on board the vessel.

  • SOR/94-295, s. 7
  • SOR/99-105, s. 17
  • SOR/2005-406, s. 4

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