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

Regulations are current to 2023-11-14 and last amended on 2023-06-23. Previous Versions

PART VIAssisting Persons Engaged in the Enforcement or Administration of the Act

Interpretation

 In this Part,

fisheries patrol-boat pennant

fisheries patrol-boat pennant means a pennant in the shape set out in Part I of Schedule II and the colours set out in Parts I and II of Schedule II, the crest of which has the details set out in Part II of Schedule II; (fanion de patrouilleur des pêches)

inspection pennant

inspection pennant means a pennant in the shape, size and colours set out in Schedule III; (fanion d’inspection)

inspector

inspector means a person named by a contracting party set out in Schedule IV to carry out inspections in the Regulatory Area in accordance with the scheme of joint international enforcement established pursuant to Article XVIII of the Convention of Future Multilateral Cooperation in the Northwest Atlantic Fisheries that was ratified by Canada on November 30, 1978 and came into force on January 1, 1979, and who is in possession of an identification card issued by that contracting party in the form set out in Schedule V; (inspecteur)

International Code of Signals

International Code of Signals means the International Code of Signals published by Transport Canada; (Code international de signaux)

Signal L

Signal L means the signal prescribed in the International Code of Signals to mean You should stop your vessel instantly; (signal L)

Signal SQ 1

Signal SQ 1 means the signal prescribed in the International Code of Signals to mean You should stop or heave to, otherwise I shall open fire on you; (signal SQ 1)

Signal SQ 3

Signal SQ 3 means the signal prescribed in the International Code of Signals to mean You should stop, or heave to; I am going to board you. (signal SQ 3)

Flying of Pennants

  •  (1) The flying of a fisheries patrol-boat pennant on a vessel identifies that vessel as a vessel with a fishery officer or fishery guardian on board.

  • (2) The flying of an inspection pennant on a vessel identifies that vessel as a vessel with an inspector on board.

Signalling

  •  (1) Where a fishery officer or fishery guardian sends the Signal L, the Signal SQ 1 or the Signal SQ 3 to a vessel by any of the methods set out in subsection (2), the master of the vessel shall immediately comply with the direction of that signal.

  • (2) The following methods of signalling may be used to send signals to vessels:

    • (a) flag signalling using alphabetical flags;

    • (b) flashing light signalling using Morse symbols;

    • (c) sound signalling using Morse symbols;

    • (d) Morse signalling using hand-flags or arms;

    • (e) voice with or without using loud hailer;

    • (f) radiotelegraphy; and

    • (g) radiotelephony.

  • (3) Where any signal referred to in subsection (1) has been sent to a vessel, no person on board that vessel shall dump or throw anything overboard from that vessel until the fishery officer or fishery guardian who sent the signal indicates to the master of the vessel that the vessel may proceed.

Assisting Fishery Officer and Fishery Guardian

 The master of a fishing vessel shall provide all reasonable assistance to a fishery officer or fishery guardian, including

  • (a) making the fishing gear used on or from the vessel available for inspection and for that purpose hauling in such gear and thawing the nets, where necessary;

  • (b) permitting the taking of photographs of the fisheries operations, including fishing gear and equipment; and

  • (c) where the fishery officer or fishery guardian is on board for more than four consecutive hours, providing food and accommodation equivalent to that provided to officers of the vessel.

Assisting Inspector

  •  (1) Where an inspector sends the Signal L or the Signal SQ 3 by any of the methods set out in subsection 43(2) to a fishing vessel operating in the Regulatory Area, the master of the vessel shall immediately comply with the direction of that signal.

  • (2) The master of a fishing vessel operating in the Regulatory Area shall

    • (a) at the request of an inspector, permit the inspector to board the vessel; and

    • (b) provide the inspector with all reasonable assistance necessary to enable the inspector to carry out an inspection of the fishing operations, including

      • (i) making the fishing gear used on or from the vessel available for inspection and for that purpose hauling in such gear and thawing the nets, where necessary,

      • (ii) permitting the taking of photographs of the fisheries operations, including fishing gear and equipment, and

      • (iii) where the inspector is on board for more than four consecutive hours, providing food and accommodation equivalent to that provided to officers of the vessel.

  • (2.1) Where an inspector sends the Signal SQ 3 to a fishing vessel, no person on board that vessel shall retrieve any gear from the water for the period of 30 minutes after the signal is sent.

  • (3) Where, during an inspection in the Regulatory Area, an inspector finds any fishing gear or equipment the use or possession of which is contrary to the Act, the Atlantic Fishery Regulations, 1985 or these Regulations, the inspector may place a mark or seal on that fishing gear or equipment in a manner that will preserve the identity of the gear or equipment.

  • (4) No person other than a fishery officer shall remove a mark or seal placed on any fishing gear or equipment in accordance with subsection (3).

  • (5) Where a mark or seal has been placed on any fishing gear or equipment in accordance with subsection (3), no person shall

    • (a) alter or tamper with that mark or seal; or

    • (b) use, destroy or dispose of that fishing gear or equipment unless the mark or seal has been removed by a fishery officer.

  • SOR/95-242, s. 4

Assisting Observers

Monitoring Fishing Activities

  •  (1) This section does not apply in respect of a foreign fishing vessel.

  • (2) The owner or master of a fishing vessel shall, at the request of the Regional Director-General,

    • (a) permit an observer who is assigned the duties set out in paragraph 39(2)(a) to go on board that vessel to perform those duties and to remain on board for the period of time specified in the request; and

    • (b) arrange for the embarkation or disembarkation of the observer at such time and place as is specified in the request.

  • (3) The master of a fishing vessel shall provide all reasonable assistance to an observer who is assigned the duties set out in paragraph 39(2)(a), including

    • (a) providing a suitable work area, including a table and adequate lighting;

    • (b) providing, at the request of the observer, information relating to any matter mentioned in subsection 61(2) of the Act;

    • (c) providing, at the request of the observer, the position of the vessel in latitude and longitude;

    • (d) facilitating the sending and receiving of messages by means of the communications equipment on board the vessel;

    • (e) giving access to all areas of the vessel involved in fishing, processing and storage operations;

    • (f) permitting the taking of samples free of charge;

    • (g) providing suitable storage facilities for samples;

    • (h) assisting, at the request of the observer, in the examination and measurement of fishing gear on board the vessel;

    • (i) permitting the taking of photographs of the fisheries operations, including fishing gear and equipment;

    • (j) permitting the removal from the vessel of samples, records, photographs or film taken or made on board the vessel; and

    • (k) where the observer is on board for more than four consecutive hours, providing food and accommodation equivalent to that provided to officers of the vessel.

Monitoring Landing and Conducting Biological Examinations

[
  • SOR/98-481, s. 5
]

 The master of a fishing vessel that is landing fish at a fish landing station shall

  • (a) at the request of an observer who is assigned the duties set out in paragraph 39(2)(b), permit the observer to go on board the vessel to perform those duties; and

  • (b) provide the observer with such assistance as is reasonably necessary to enable the observer to perform those duties.

  • SOR/98-481, s. 6

 The owner or any person who has the care, charge or control of a fish landing station shall

  • (a) at the request of an observer who is assigned the duties set out in paragraph 39(2)(b) or (c), provide the observer with access to the fish landing station; and

  • (b) provide the observer with such assistance as is reasonably necessary to enable the observer to perform those duties, including

    • (i) making the fish at the fish landing station readily accessible to the observer,

    • (ii) providing the observer with a suitable work area, including a table and adequate lighting, and

    • (iii) permitting the observer to remove whole fish or portions of fish from the fish landing station free of charge.

  • SOR/98-481, s. 8

Embarking and Disembarking Assistance

 Where a fishery officer, fishery guardian, inspector or observer has to climb up or down more than 1.2 m to embark or disembark from a fishing vessel, sections 4 to 16 of the Pilot Ladder Regulations apply to the master of the fishing vessel, with such modifications as the circumstances may require.

PART VIIFishing for Experimental, Scientific, Educational, Aquatic Invasive Species Control or Public Display Purposes

Interpretation

 In this Part, licence means a licence to fish for experimental, scientific, educational, aquatic invasive species control or public display purposes.

  • SOR/2015-121, s. 35

Licence

 No person shall fish for experimental, scientific, educational, aquatic invasive species control or public display purposes unless authorized to do so under a licence.

  • SOR/2015-121, s. 35

 Despite any provisions of any of the Regulations listed in subsection 3(4), the Minister may issue a licence if fishing for experimental, scientific, educational, aquatic invasive species control or public display purposes would be in keeping with the proper management and control of fisheries.

  • SOR/2015-121, s. 35

Licence Fee

  •  (1) The fee for a licence to fish for public display purposes is $100.

  • (2) There is no fee for a licence to fish for experimental, scientific, educational or aquatic invasive species control purposes.

  • SOR/2015-121, s. 36

PART VIIIRelease of Live Fish into Fish Habitat and Transfer of Live Fish to a Fish Rearing Facility

Interpretation

 In this Part, licence means a licence to release live fish into fish habitat or to transfer live fish to a fish rearing facility.

Release or Transfer of Fish

  •  (1) Subject to subsection (2), no person shall, unless authorized to do so under a licence,

    • (a) release live fish into any fish habitat; or

    • (b) transfer any live fish to any fish rearing facility.

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

Licence to Release or Transfer Fish

 The Minister may issue a licence if

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

Licence Fee

 There is no fee for a licence issued under this Part.

PART IXAuthorization to Alter Fish Habitat

Authorization

 [Repealed, SOR/2013-191, s. 9]

PART XRemoval of Obstructions to the Passage of Fish

 Where the Minister is satisfied that any natural obstruction that exists in any waters is interfering or is likely to interfere with the free passage of fish, the Minister may cause the obstruction to be removed in whole or in part.

PART XIPenalties and Forfeitures Proceeds

To Government of Canada

  •  (1) Where an information is laid by a fishery officer or a fishery guardian employed by the Government of Canada relating to an offence under the Act, the payment of the proceeds of any penalty imposed arising from a conviction for the offence shall be made to the Minister.

  • (2) Where an information is laid by a fishery officer or a fishery guardian employed by the Government of Canada relating to an offence under the Act, the payment of any proceeds of the sale of any forfeited articles arising from a conviction for the offence shall be made to the Minister.

To Provincial Government

  •  (1) Where an information is laid by a fishery officer or a fishery guardian employed by a provincial government relating to an offence under the Act and all of the expenses incurred in the prosecution of the offence are paid by the provincial government, the payment of the proceeds of any penalty imposed arising from a conviction for that offence shall be made to that provincial government.

  • (2) Where an information is laid by a fishery officer or a fishery guardian employed by a provincial government relating to an offence under the Act and all of the expenses incurred in the prosecution of the offence and in connection with the custody and disposal of any forfeited articles are paid by the provincial government, the payment of any proceeds of the sale of the forfeited articles arising from a conviction for that offence shall be made to that provincial government.

To Persons

  •  (1) Where an information is laid by a person in circumstances other than those referred to in section 60 or 61 relating to an offence under the Act, the payment of the proceeds of any penalty imposed arising from a conviction for the offence shall be made

    • (a) one half to the person; and

    • (b) one half to the Minister or, where all of the expenses incurred in the prosecution of the offence are paid by a provincial government, to that provincial government.

  • (2) Where an information is laid by a person in circumstances other than those referred to in section 60 or 61 relating to an offence under the Act, the payment of any proceeds of the sale of any forfeited articles arising from a conviction for the offence shall be made, net of any expenses incurred in connection with the custody and sale of the forfeited articles,

    • (a) one half to the person; and

    • (b) one half to the Minister or, where all of the expenses incurred in the prosecution of the offence are paid by a provincial government, to that provincial government.

PART XIITicketable Offences

Prescribed Offences

 The contravention of any provision of these Regulations set out in column I of an item of Schedule VIII is an offence to which section 79.7 of the Act applies and which may be described in tickets in the manner set out in column II of that item.

Fines

 Where proceedings are commenced under section 79.7 of the Act, the amount of the fine for an offence described in column II of an item of Schedule VIII is the amount set out in column III of that item.

 

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