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

Regulations are current to 2024-05-01 and last amended on 2023-06-23. Previous Versions

PART XIIIFishing in Waters Other than Canadian Fisheries Waters

Prohibitions

  •  (1) Subject to subsection (2), no person on board a fishing vessel that is subject to the jurisdiction of Canada shall fish or trans-ship fish in waters other than Canadian fisheries waters except under the authority of a licence issued under section 68.

  • (2) Subsection (1) does not apply to a person on board a fishing vessel that is subject to the jurisdiction of Canada who is fishing

  • SOR/94-296, s. 2
  •  (1) Subject to subsection (2), no person on board a fishing vessel that is subject to the jurisdiction of Canada shall, in waters that are subject to the jurisdiction of the United States, have any fishing gear on board the fishing vessel unless it is

    • (a) stored below deck; or

    • (b) otherwise removed from the place where it is normally used for fishing and placed where it is not readily available for fishing.

  • (2) Subsection (1) does not apply to a person who is fishing under the authority of a licence issued under section 68.

  • SOR/94-296, s. 2

 No person who is on board a fishing vessel that is subject to the jurisdiction of Canada shall, while the fishing vessel is in waters that are subject to the jurisdiction of the United States, resist or obstruct any enforcement officer of the United States while the officer is engaged in the enforcement of the fisheries laws of the United States.

  • SOR/94-296, s. 2
  •  (1) The Minister may issue a licence authorizing the use of a vessel that is subject to the jurisdiction of Canada in fishing or trans-shipping fish in waters other than Canadian fisheries waters if

    • (a) the fishing or trans-shipping of fish carried out under the authority of the licence would not contravene or undermine any international fisheries conservation scheme; and

    • (b) in the case where the fishing or trans-shipping of fish is to be carried out in waters that are subject to the jurisdiction of another state, the fishing or trans-shipping of fish by that vessel is authorized by a competent authority of that state.

  • (2) Subject to subsection (3), the fee for a licence referred to in subsection (1) is $500.

  • (3) There is no fee for a licence referred to in subsection (1) that is issued in respect of waters subject to the jurisdiction of Saint-Pierre-et-Miquelon.

  • SOR/94-296, s. 2

PART XIVFish Stocks

 For the purposes of section 6.3 of the Act, the major fish stocks referred to in sections 6.1 and 6.2 of the Act are listed in the table in Schedule IX.

  •  (1) A plan to rebuild a major fish stock, required under subsection 6.2(1) of the Act, shall contain the following information:

    • (a) the stock status and stock trends;

    • (b) the probable causes for the stock’s decline;

    • (c) measurable objectives aimed at rebuilding the stock, including a target for rebuilding the stock;

    • (d) the timelines for achieving the objectives;

    • (e) the management measures aimed at achieving the objectives;

    • (f) a method to track progress towards achieving the objectives; and

    • (g) a schedule for a periodic review of the plan in order to assess progress towards achieving the objectives and to determine whether an adjustment to the plan is needed.

  • (2) The plan shall be developed within 24 months after the day on which the Minister first had knowledge that the major fish stock had declined to or below its limit reference point.

  • (3) The Minister may extend the time period to the extent necessary for completing the plan, by a period not exceeding 12 months.

  • (4) If the Minister extends the time period, the Minister shall publish the reasons for doing so on the Internet site of the Department.

  • (5) If fishing of the major fish stock while the plan is being developed is permitted by the Minister, the Minister shall ensure that the level of fishing of the stock during that time is consistent with the rebuilding of the stock above the limit reference point.

  • (6) Despite paragraph 1(d), if the Minister determines that it is not feasible to establish a timeline for achieving the target for rebuilding the major fish stock, the plan shall include, instead of such a timeline, the reasons why it is not feasible to do so.

  • (7) The Minister shall publish the plan to rebuild a major fish stock and the results of any periodic review of the plan on the Internet site of the Department.

 

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