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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 IIIIdentification of Fishing Vessels and Fishing Gear (continued)

Identification of Fishing Gear (continued)

 [Repealed, SOR/2013-37, s. 4]

 It is prohibited for any person to display any number or name on fishing gear or on a tag, float or buoy attached to fishing gear that is so similar to a number or name required by section 27 as to be capable of being mistaken for that number or name.

  • SOR/2013-37, s. 4

PART IVGeneral

Obstruction of Mesh

 Subject to section 31, where a person is fishing for a species of fish with fishing gear for which any of the Regulations listed in subsection 3(4) prescribe a minimum mesh size, that person shall not use any device by means of which openings that are smaller in size than the mesh size prescribed for that species are created in any part of the gear.

Chafing Gear

  •  (1) For the purposes of this section, cod-end means a bag-like extension that is attached to the after end of the belly of a trawl net and is used to retain the catch.

  • (2) For the purpose of preventing wear and tear to a trawl net, a person may attach

    • (a) to the underside of the cod-end of the trawl net, any hides, canvas, netting or other similar material; and

    • (b) to the topside of the cod-end, a topside chafer described in Schedule I.

  • (3) No person shall use on an otter trawl any topside chafer other than one that meets the description of one of the topside chafers described in Schedule I.

Trans-shipment of Fish

 No person shall trans-ship any fish from a Canadian fishing vessel to a foreign fishing vessel unless that foreign fishing vessel is licensed under the Coastal Fisheries Protection Regulations to take on board the fish.

Release of Incidental Catch

  •  (1) Subsection (2) applies where a person catches a fish

    • (a) at a time or place at which the person is prohibited from fishing for that fish;

    • (b) by a method or with fishing gear that the person is prohibited from using to fish for that fish; or

    • (c) the possession or retention of which is prohibited.

  • (2) Except where the retention of an incidental catch is expressly authorized by any of the Regulations listed in subsection 3(4), every person who catches a fish incidentally shall forthwith return it

    • (a) to the place from which it was taken; and

    • (b) where it is alive, in a manner that causes it the least harm.

Dumping and Wasting of Fish

  •  (1) This section does not apply in respect of marine mammals.

  • (2) No person who is fishing under the authority of a licence issued for the purpose of commercial fishing shall dump from a vessel any fish that has been caught in accordance with the Act and the regulations made thereunder.

  • (3) No person who is food fishing for personal use or fishing for recreational or sport purposes shall waste any fish that is suitable for human consumption.

Sale of Fish

  • SOR/93-333, s. 5
  • SOR/2010-270, s. 9
  • SOR/2018-110, s. 7

Identify, Count, Weigh and Measure Fish

  •  (1) No person shall possess fish that were caught by any person while fishing for recreational or sport purposes and that have been skinned, cut, packed or otherwise dealt with in such a manner that

    • (a) the species cannot be readily determined;

    • (b) the number of fish cannot be readily determined;

    • (c) where weight is used to determine catch limits, the weight of the fish cannot be readily determined; and

    • (d) where size limits are applicable, the size of the fish cannot be readily determined.

  • (2) No person who catches and retains a fish under the authority of a licence issued for the purpose of commercial fishing shall have the fish in possession if the fish is skinned, cut, packed or otherwise dealt with in such a manner that

    • (a) the species cannot be readily identified;

    • (b) the number of fish cannot be readily determined;

    • (c) the weight of the fish cannot be readily determined; and

    • (d) where size limits are applicable, the size of the fish cannot be readily determined.

Fishing in or Near Government Facilities

  •  (1) Unless authorized under the Act, these Regulations or any of the Regulations listed in subsection 3(4), no person shall fish in or remove fish from a fish hatchery, fish rearing establishment, fish holding facility or fish collection facility operated by the Department.

  • (2) Subject to subsection (3), no person shall fish within a 100 m radius of any facility operated by or on behalf of the Department, the Province of Nova Scotia, New Brunswick, British Columbia, Prince Edward Island or Newfoundland and Labrador, the Yukon Territory or the Northwest Territories for the purpose of the counting, passage or rearing of fish.

  • (3) A fishery officer may determine, taking into account the configuration of the waters, the amount of water flow and any other relevant circumstances, that the distance set out in subsection (2) is longer than required to protect fish, and may shorten the distance by placing a sign or signs, as may be appropriate, to delimit the shorter distance.

  • (4) Where a sign has been placed under subsection (3), no person shall fish between that sign and any facility referred to in subsection (2).

  • SOR/2003-369, s. 4

Authorization to Place Nets in Waters for Cleaning

  •  (1) Notwithstanding section 25 of the Act, a fishery officer may, in writing, authorize a person to place a net in waters closed to fishing with that net for the purposes of cleaning the net.

  • (2) An authorization given under subsection (1) shall specify the location at which the net may be placed, the manner in which the net may be placed and the period of time for which the authorization is valid.

PART VObservers

Designation and Duties

  •  (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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