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Version of document from 2006-03-22 to 2011-09-21:

Saskatchewan Fishery Regulations, 1995

SOR/95-233

FISHERIES ACT

Registration 1995-05-09

Regulations Respecting Fishing in the Province of Saskatchewan, 1995

P.C. 1995-755 1995-05-09

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43Footnote * of the Fisheries Act, is pleased hereby to repeal the Saskatchewan Fishery Regulations, made by Order in Council P.C. 1979-1681 of June 21, 1979Footnote **, and to make the annexed Regulations respecting fishing in the Province of Saskatchewan, 1995, in substitution therefor.

Short Title

 These Regulations may be cited as the Saskatchewan Fishery Regulations, 1995.

Interpretation

 In these Regulations,

Director

Director means the Director of Fisheries Administration designated by the provincial Minister; (directeur)

Indian

Indian means an Indian within the terms of paragraph 12 of the Memorandum of Agreement, known as the Saskatchewan Natural Resources Transfer Agreement, being the agreement entered into between Canada and Saskatchewan on March 20, 1930 and confirmed by the Constitution Act, 1930, 20-21 Geo. V, c. 26 (U.K.); (Indien)

Province

Province means the Province of Saskatchewan; (province)

provincial Minister

provincial Minister means the Minister of the Government of the Province responsible for the administration of The Fisheries Act (Saskatchewan), 1994. (ministre provincial)

Application

 These Regulations apply in respect of fishing in all waters within the Province other than waters to which the National Parks Fishing Regulations apply.

Licence to Fish

  •  (1) Subject to subsection (3), no person shall fish except under the authority of a licence issued under subsection (2) or under The Fisheries Act (Saskatchewan), 1994.

  • (2) The provincial Minister may issue a licence to an Indian to engage in fishing solely for the purpose of catching fish for food for their personal use or for the use of the Indian’s immediate family.

  • (3) An Indian may, without a licence, fish by means of a spear, by bow and arrow or by angling to catch fish solely for personal use or the use of the Indian’s immediate family.

  • (4) There is no fee for a licence issued under subsection (2).

Purchase, Sale, Trade and Barter Prohibited

 No person shall buy, sell, trade or barter any fish taken under the authority of a licence issued under subsection 4(2) or under the authority of subsection 4(3).

Conditions of Licences

  •  (1) For the proper management and control of fisheries and the conservation and protection of fish, the provincial Minister may specify in a licence any condition that is not inconsistent with these Regulations and in particular, but not restricting the generality of the foregoing, may specify conditions respecting any of the matters set out in paragraphs 22(1)(a) to (z.1) of the Fishery (General) Regulations.

  • (2) No person carrying out any activity under the authority of a licence shall contravene or fail to comply with any condition of the licence.

Close Times

  •  (1) No person shall fish for or catch and retain any species of fish in any waters within the Province during the close time beginning on April 16 and ending on April 18.

  • (2) The close time fixed by subsection (1) is considered to be fixed separately and individually with respect to each species of fish.

  •  (1) The provincial Minister or the Director may, by order, vary any close time fixed pursuant to section 7, in respect of any portion of the waters within the Province.

  • (2) Where a variation order is made under subsection (1), notice of the variation shall be given to the persons affected or likely to be affected by the variation by one or more of the following methods:

    • (a) by notice published in the Saskatchewan Gazette;

    • (b) by notice published in a newspaper that is circulated in the vicinity of the area affected by the variation;

    • (c) by notice posted in the area or in the vicinity of the area affected by the variation;

    • (d) by notice transmitted by electronic means to those persons; and

    • (e) by notice given orally to those persons by a fishery officer.

Licence to Release Fish

  •  (1) Subject to subsection (2), no person shall, unless authorized to do so under a licence, release live fish into any waters within the Province.

  • (2) Subsection (1) does not apply in respect of any fish that is immediately returned to the waters in which it was caught.

  • (3) The provincial Minister may issue a licence authorizing the release of live fish into waters within the Province if

    • (a) the release of the fish would be in keeping with the proper management and control of fisheries;

    • (b) the fish do not have any disease or disease agent that may be harmful to the protection and conservation of fish; and

    • (c) the release of the fish will not have an adverse effect on the stock size of fish, or the genetic characteristics of fish or fish stocks.

  • (4) There is no fee for a licence issued under subsection (3).

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