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Ontario Fishery Regulations, 2007

Version of section 44 from 2008-01-01 to 2018-10-22:

  •  (1) The provincial Minister may designate a person who does not purchase fish for the purpose of resale and who is not an owner, operator, manager or employee of an enterprise that catches, cultures, processes or transports fish 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, 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;

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

    • (d) the biological examination and sampling of fish.

  • (2) The provincial Minister shall provide each observer with a certificate of designation as an observer.

  • (3) An observer shall, on request, show the certificate of designation.

  • (4) A person who is operating a fishing vessel under a commercial fishing licence shall,

    • (a) at the request of an observer, permit the observer to go on board the vessel to perform any of the duties described in subsection (1); 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 using 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.

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