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

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

PART IIDocuments and Registrations (continued)

Conditions of Licences (continued)

  •  (1) This section does not apply in respect of a licence issued for the purpose of recreational or sport fishing.

  • (2) Where the holder of a licence or the operator named in a licence is unable to engage in the activity authorized by the licence or use the vessel specified in the licence because of circumstances beyond the control of the holder or operator, a fishery officer who is employed by the Department or any employee of the Department engaged in the issuance of licences may, on the request of the holder or the holder’s agent, authorize in writing

    • (a) another person to carry out the activity under the licence; or

    • (b) the use of another vessel under the licence.

  • (3) Where an authorization is given under subsection (2), the authorization forms part of the licence and the person given the authorization shall attach it to the licence.

Suspension or Cancellation of Licences

  •  (1) Where considering suspending or cancelling a lease or licence under section 9 of the Act, the Minister shall notify the holder thereof in writing by

    • (a) sending a notice by registered mail to the holder; or

    • (b) having a fishery officer personally deliver a notice to the holder or, if the holder cannot conveniently be found, leave a notice for the holder at the holder’s last known place of abode with any person who resides therein who appears to be at least 16 years of age.

  • (2) A notice referred to in subsection (1) shall set out the reasons for the suspension or cancellation being considered and the period of suspension or the effective date of cancellation, as the case may be.

  • (3) Where the holder of a lease or licence receives a notice referred to in subsection (1), the holder may, in writing and within 30 days after receiving the notice, make representations to the Minister.

  • (4) Where the Minister receives representations pursuant to subsection (3), the Minister shall, within a reasonable time, review the matter and, in writing, inform the holder referred to in subsection (3) of the decision.

  •  (1) Where a licence is suspended or cancelled under section 9 or 79.1 of the Act, the holder of the licence shall

    • (a) immediately surrender the licence to a fishery officer; and

    • (b) immediately remove from the water all fishing gear operated under the licence.

  • (2) No person whose licence is suspended under section 9 or 79.1 of the Act shall, during the period of suspension,

    • (a) engage in fishing for any species of fish for which fishing was authorized by the licence; or

    • (b) be on board a vessel engaged in fishing for any species of fish for which fishing was authorized by the licence.

  • (3) No person whose licence is cancelled under section 9 or 79.1 of the Act shall, during the remaining period for which the licence was issued,

    • (a) engage in fishing for any species of fish for which fishing was authorized by the licence; or

    • (b) be on board a vessel engaged in fishing for any species of fish for which fishing was authorized by the licence.

PART IIIIdentification of Fishing Vessels and Fishing Gear

Identification of Fishing Vessels

  •  (1) No person shall operate or cause to be operated a registered vessel

    • (a) on which the vessel registration number is not painted or securely affixed by some other means; or

    • (b) that displays a vessel registration number that does not meet the requirements set out in subsection (2).

  • (2) A vessel registration number shall be

    • (a) legible and unobstructed when viewed from an aircraft in flight, from another vessel or from shore;

    • (b) in solid Arabic numerals without ornamentation;

    • (c) white on a black background or black on a white background;

    • (d) aligned horizontally;

    • (e) of dimensions in accordance with the table to this subsection and subsections (4) and (5); and

    • (f) located on the vessel in accordance with subsection (6).

      TABLE

      ItemColumn IColumn II
      Overall length of vesselMinimum height of numerals
      125 m or more1.0 m
      220 m or more but less than 25 m0.8 m
      315 m or more but less than 20 m0.6 m
      412 m or more but less than 15 m0.4 m
      55 m or more but less than 12 m0.3 m
      6Less than 5 m0.1 m
  • (2.1) Where compliance with paragraph (2)(e) is impossible because of a vessel’s structural characteristics, the vessel registration number may be of dimensions that are smaller than those prescribed in this section if the numerals are of the greatest dimensions permitted by the vessel’s structural characteristics.

  • (3) For the purpose of subsections (4) and (5), “h” is the height of the numerals forming the vessel registration number.

  • (4) The numerals forming the vessel registration number shall

    • (a) have a stroke width of h/6; and

    • (b) be spaced apart not less than h/6 and not more than h/4.

  • (5) The background shall extend to provide a border of not less than h/6 around the vessel registration number.

  • (6) The vessel registration number shall be located as high as is practicable on both sides of the vessel.

  • (7) Subject to subsection (8), no person shall operate or cause to be operated a fishing vessel that displays, on the exterior of the vessel, any number other than the vessel registration number.

  • (8) Subsection (7) does not apply with respect to

  • SOR/95-242, s. 2

Identification of Fishing Gear

  •  (1) It is prohibited for any person to set, operate or leave unattended in the water any fishing gear other than mobile gear or handlines unless the gear is marked in accordance with subsections (2) to (6) with

    • (a) where a vessel registration number is set out in the licence authorizing the use of that gear, the vessel registration number; or

    • (b) in any other case, the name of the person who owns the gear.

  • (2) The vessel registration number or name referred to in subsection (1) shall be painted on or otherwise securely affixed to a tag, float or buoy attached to the gear and be legible and readily visible at all times without the necessity of raising the gear from the water or, where the water is ice covered, without the necessity of removing any snow or ice.

  • (3) The numerals in a vessel registration number referred to in paragraph (1)(a) shall be solid block Arabic numerals

    • (a) without ornamentation;

    • (b) not less than 75 mm in height; and

    • (c) in a colour that contrasts with their background.

  • (4) The letters forming a name referred to in paragraph (1)(b) shall be solid block capital letters in Roman characters

    • (a) without ornamentation;

    • (b) not less than 75 mm in height; and

    • (c) in a colour that contrasts with their background.

  • (5) The tag, float or buoy referred to in subsection (2) shall have displayed on it only one vessel registration number or one name, as the case may be.

  • (6) A tag, float or buoy referred to in subsection (2) shall

    • (a) where the waters are tidal waters and one end of the fishing gear is fastened to the shore, be affixed to the end of the gear farthest from the shore; and

    • (b) in any other case, be affixed to each end of the gear.

    • (c) [Repealed, SOR/95-242, s. 3]

  • SOR/95-242, s. 3
  • SOR/2013-37, s. 3
 
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