Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Fishery (General) Regulations (SOR/93-53)

Regulations are current to 2019-08-28 and last amended on 2018-05-30. Previous Versions

Fishery (General) Regulations

SOR/93-53

FISHERIES ACT

Registration 1993-02-04

Regulations Respecting Fishing and Fish Habitat in General and the Payment of Penalty and Forfeiture Proceeds Under the Fisheries Act

P.C. 1993-186 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 * and 79.7Footnote ** and subsection 87(2) of the Fisheries Act, is pleased hereby to revoke the Fishways Obstructions Removal Regulations, C.R.C., c. 814, and the Penalties and Forfeitures Proceeds Regulations, C.R.C., c. 827, and to make the annexed Regulations respecting fishing and fish habitat in general and the payment of penalty and forfeiture proceeds under the Fisheries Act, in substitution therefor, effective February 24, 1993.

Short Title

 These Regulations may be cited as the Fishery (General) Regulations.

Interpretation

 In these Regulations,

Act

Act means the Fisheries Act; (Loi)

band

band[Repealed, SOR/93-333, s. 1]

Convention Area

Convention Area has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (zone de la Convention)

Department

Department means the Department of Fisheries and Oceans; (ministère)

document

document means a licence, fisher’s registration card or vessel registration card that grants a legal privilege to engage in fishing or any other activity related to fishing and fisheries; (document)

fisher’s registration card

fisher’s registration card means a fisher’s registration card issued under any of the Regulations listed in subsection 3(4); (carte d’enregistrement de pêcheur)

fish landing station

fish landing station means any place, premises, vessel or vehicle used to receive fish landed, whether directly or indirectly, from a fishing vessel; (poste de débarquement du poisson)

licence

licence means any type, kind or category of licence issued under any of the Regulations listed in subsection 3(4) or under these Regulations; (permis)

licence number

licence number means the number assigned to a licence by the Department at the time the licence is issued; (numéro de permis)

observer

observer means a person who is designated under section 39 or 39.1; (observateur)

Regional Director-General

Regional Director-General means a Regional Director-General or an Associate Regional Director-General of the Department; (directeur général régional)

registered vessel

registered vessel means a fishing vessel registered with the Department under any of the Regulations listed in subsection 3(4); (bateau enregistré)

Regulatory Area

Regulatory Area means that part of the Convention Area that lies beyond the areas in which any country exercises fisheries jurisdiction; (zone de réglementation)

vessel registration card

vessel registration card means a vessel registration card or vessel registration certificate issued under any of the Regulations listed in subsection 3(4); (carte d’enregistrement de bateau)

vessel registration number

vessel registration number means the number assigned to a vessel by the Department at the time the vessel is registered as a fishing vessel under any of the Regulations listed in subsection 3(4). (numéro d’enregistrement de bateau)

  • SOR/93-333, s. 1
  • SOR/95-497, s. 1
  • SOR/98-481, s. 1

Application

  • SOR/93-333, s. 2
  • SOR/94-296, s. 1
  • SOR/2002-225, s. 8
  • SOR/2003-369, ss. 1, 4
  • SOR/2010-270, s. 8
  • SOR/2015-121, s. 34
  • SOR/2018-110, s. 6

PART IPeriods of Time and Variation of Close Times, Fishing Quotas and Size and Weight Limits of Fish

Periods of Time

 Where a period of time is set out in any of the Regulations listed in subsection 3(4), the period

  • (a) unless otherwise specified, begins at 00:00 h on the first day set out and ends at 24:00 h on the last day set out; and

  • (b) begins and ends in each calendar year except that where the period is stated to end on a day in a month that occurs earlier in a calendar year than the month in which the period begins, that period begins in one calendar year and ends in the next calendar year.

  •  (1) Subject to subsection (2), a reference to time in a provision of any of the Regulations listed in subsection 3(4) or a notice given under section 7 is a reference to local time in effect in the province or portion thereof that is closest to the waters in respect of which the provision or the notice applies unless, in the case of a notice, it is otherwise stated in the notice.

  • (2) Where notice is given under section 7 in respect of any close time set out in the Foreign Vessel Fishing Regulations, that time is a reference to Greenwich time.

Variation Orders

  •  (1) Where a close time, fishing quota or limit on the size or weight of fish is fixed in respect of an area under any of the Regulations listed in subsection 3(4), the Regional Director-General may, by order, vary that close time, fishing quota or limit in respect of that area or any portion of that area.

  • (2) Where a close time or fishing quota for herring or salmon fishing is fixed in respect of an area by the Pacific Fishery Regulations, 1993, a fishery officer may, by order, vary that close time or fishing quota in respect of that area or any portion of that area.

  • (3) Where a close time, fishing quota or limit on the size or weight of fish is fixed in respect of an area of non-tidal waters for any species of fish other than salmon under the British Columbia Sport Fishing Regulations, 1996, the director responsible for fisheries management in the Ministry responsible for fisheries in the government of British Columbia may, by order, vary that close time, fishing quota or limit in respect of that area or any portion of that area.

  • (4) Where any close time, fishing quota or limit on the size or weight of fish is fixed in respect of an area of non-tidal waters for any species of fish other than salmon under the Yukon Territory Fishery Regulations, the Director of the Fish and Wildlife Branch of the Department of Renewable Resources for the Yukon Territory may, by order, vary that close time, fishing quota or limit in respect of that area or any portion of that area.

  • (5) Where a close time, fishing quota or limit on the size or weight of fish is fixed in respect of an area of the province of New Brunswick under the Maritime Provinces Fishery Regulations, the director responsible for fisheries management in the Ministry responsible for fisheries in the government of New Brunswick may, by order, vary that close time, fishing quota or limit in respect of that area or any portion of that area for any species of fish listed in Appendix A of the Canada-New Brunswick Memorandum of Understanding on Recreational Fisheries, dated June 18, 2001, as amended from time to time.

  • (6) Where a close time, fishing quota or limit on the size or weight of fish is fixed in respect of an area of the province of Nova Scotia under the Maritime Provinces Fishery Regulations, the director responsible for fisheries management in the Ministry responsible for fisheries in the Government of Nova Scotia may, by order, vary that close time, fishing quota or limit in respect of that area or any portion of that area for any species of fish listed in Appendix A to the Canada-Nova Scotia Memorandum of Understanding on Recreational Fisheries, dated September 17, 2003, as amended from time to time.

  • SOR/98-481, s. 2
  • SOR/2003-369, s. 2
  • SOR/2006-209, s. 1
 
Date modified: