Ontario Fishery Regulations, 2007 (SOR/2007-237)

PART 3Commercial Fishing and Commercial Bait Fishing

Commercial Baitfish Gear

40 No person who is fishing for baitfish under a commercial bait licence shall use a dip net

• (a) with dimensions that are greater than 305 cm by 305 cm if the dip net is angular; or

• (b) with a diameter that is greater than 305 cm if the dip net is circular.

Gear Markings

• 41 (1) No person who is fishing under a commercial bait licence shall place or use a baitfish trap that is not legibly marked with the licence holder’s name or licence number.

• (2) No person who is operating under a commercial fishing licence or a commercial bait licence shall place or use in any waters a live holding box or impounding device unless

  • (a) it is legibly marked with the licence holder’s name or licence number, and

  • (b) the markings are visible without raising the box or device from the water.

• 42 (1) No person who is fishing under a commercial fishing licence shall set or use a hookline or net unless

  • (a) a buoy, marker or stake is attached to the hookline or to each end of the net;

  • (b) each buoy, marker or stake is legibly marked with the licence holder’s name or licence number; and

  • (c) the licence holder’s name or licence number is visible without raising the gear from the water.

• (2) Despite paragraph (1)(a), and except in the case of ice fishing,

  • (a) in the waters of Lake of the Woods and Shoal Lake, the hookline or each end of the net must be marked by a buoy with a shaft whose upper extremity is at least 53 cm above the water and has attached to it an orange flag measuring at least 22 cm by 22 cm; and

  • (b) in the waters of Lake Superior and Lake Nipigon and its tributaries, the hookline or each end of the net must be marked by a standard marker ball 50 cm in diameter or by a buoy with a shaft whose upper extremity is at least 92 cm above the water and has attached to it an orange flag measuring at least 22 cm by 22 cm.

Commercial Fishing Close Times

43 No person who is fishing under a commercial fishing licence or a commercial bait licence shall fish for, or catch and retain, a species of fish set out in column 2 of Schedule 7 or 8, as the case may be, in the waters set out in column 1 during the close time set out in column 3.

PART 4Observers

• 44 (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 their duties; 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.

Amendments to the Ontario Fishery Regulations, 1989

• 45 (1) [Amendment]

• (2) [Repealed, SOR/2009-328, s. 7]

46 [Amendment]

47 [Amendment]

48 [Repealed, SOR/2009-328, s. 8]

• 49 (1) [Amendment]

• (2) [Repealed, SOR/2009-328, s. 9]

50 [Amendment]

Coming into Force

• 51 (1) These Regulations, other than subsection 45(2), section 48 and subsection 49(2), come into force on January 1, 2008.

• (2) [Repealed, SOR/2009-328, s. 10]