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

Short Title

1 These Regulations may be cited as the Fishery (General) Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Fisheries Act; (Loi)

band

band[Repealed, SOR/93-333, s. 1]

Convention Area

Convention Area has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (zone de la Convention)

Department

Department means the Department of Fisheries and Oceans; (ministère)

document

document means a licence, fisher’s registration card or vessel registration card that grants a legal privilege to engage in fishing or any other activity related to fishing and fisheries; (document)

fisher’s registration card

fisher’s registration card means a fisher’s registration card issued under any of the Regulations listed in subsection 3(4); (carte d’enregistrement de pêcheur)

fish landing station

fish landing station means any place, premises, vessel or vehicle used to receive fish landed, whether directly or indirectly, from a fishing vessel; (poste de débarquement du poisson)

licence

licence means any type, kind or category of licence issued under any of the Regulations listed in subsection 3(4) or under these Regulations; (permis)

licence number

licence number means the number assigned to a licence by the Department at the time the licence is issued; (numéro de permis)

observer

observer means a person who is designated under section 39 or 39.1; (observateur)

provincial or territorial fisher’s certificate

provincial or territorial fisher’s certificate means a certificate of accreditation or registration, however described and regardless of format, that is issued to a commercial fisher through a program of accreditation or registration established under provincial or territorial legislation; (certificat provincial ou territorial de pêcheur)

Regional Director-General

Regional Director-General means a Regional Director-General or an Associate Regional Director-General of the Department; (directeur général régional)

registered vessel

registered vessel means a fishing vessel registered with the Department under any of the Regulations listed in subsection 3(4); (bateau enregistré)

Regulatory Area

Regulatory Area means that part of the Convention Area that lies beyond the areas in which any country exercises fisheries jurisdiction; (zone de réglementation)

vessel registration card

vessel registration card means a vessel registration card or vessel registration certificate issued under any of the Regulations listed in subsection 3(4); (carte d’enregistrement de bateau)

vessel registration number

vessel registration number means the number assigned to a vessel by the Department at the time the vessel is registered as a fishing vessel under any of the Regulations listed in subsection 3(4). (numéro d’enregistrement de bateau)

Application

• 3 (1) Subject to subsection (2), Parts I to VIII apply in respect of

  • (a) fishing and related activities in Canadian fisheries waters off the Atlantic, Pacific and Arctic coasts;

  • (b) fishing and related activities in the provinces of Nova Scotia, New Brunswick, British Columbia, Prince Edward Island and Newfoundland and Labrador and in the Yukon Territory and Northwest Territories; and

  • (c) fishing and related activities carried out in waters other than Canadian fisheries waters from vessels subject to the jurisdiction of Canada.

• (2) Parts I to VIII do not apply in respect of fishing and related activities in respect of which the Quebec Fishery Regulations, 1990 apply.

• (3) Parts IX and X apply in respect of Canada and Canadian fisheries waters.

• (4) Where there is an inconsistency between these Regulations and any of the following Regulations, the following Regulations shall prevail:

  • (a) the Atlantic Fishery Regulations, 1985;

  • (b) the British Columbia Sport Fishing Regulations, 1996;

  • (c) the Foreign Vessel Fishing Regulations;

  • (d) the Marine Mammal Regulations;

  • (e) the Management of Contaminated Fisheries Regulations;

  • (f) the Maritime Provinces Fishery Regulations;

  • (g) the Newfoundland and Labrador Fishery Regulations;

  • (h) the Northwest Territories Fishery Regulations;

  • (i) the Pacific Fishery Regulations, 1993;

  • (j) the Yukon Territory Fishery Regulations;

  • (k) the Aboriginal Communal Fishing Licences Regulations;

  • (l) the Pacific Aquaculture Regulations; and

  • (m) the Aquatic Invasive Species Regulations.

• (5) Sections 18 to 21, 23 and 26 to 29 do not apply with respect to fishing and related activities carried out under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations.

• (6) Sections 18 to 21, 23, 26 and 29 do not apply in respect of Inuit domestic fishing, being the exercise by a person of the right to harvest any species or stock of fish for food, social and ceremonial purposes in accordance with the Agreement defined in section 2 of the Labrador Inuit Land Claims Agreement Act.

PART IPeriods of Time and Variation Orders

Periods of Time

4 Where a period of time is set out in any of the Regulations listed in subsection 3(4), the period

• (a) unless otherwise specified, begins at 00:00 h on the first day set out and ends at 24:00 h on the last day set out; and

• (b) begins and ends in each calendar year except that where the period is stated to end on a day in a month that occurs earlier in a calendar year than the month in which the period begins, that period begins in one calendar year and ends in the next calendar year.

• 5 (1) Subject to subsection (2), a reference to time in a provision of any of the Regulations listed in subsection 3(4) or a notice given under section 7 is a reference to local time in effect in the province or portion thereof that is closest to the waters in respect of which the provision or the notice applies unless, in the case of a notice, it is otherwise stated in the notice.

• (2) Where notice is given under section 7 in respect of any close time set out in the Foreign Vessel Fishing Regulations, that time is a reference to Greenwich time.

Variation Orders

• 6 (1) If a close time, fishing quota, limit on the size or weight of fish or fishing gear or equipment is fixed in respect of an area under any of the Regulations listed in subsection 3(4), the Regional Director-General may, by order, vary that close time, quota, limit, gear or equipment in respect of that area or any portion of that area.

• (2) If a close time, fishing quota or fishing gear or equipment for herring or salmon fishing is fixed in respect of an area under the Pacific Fishery Regulations, 1993, a fishery officer may, by order, vary that close time, quota, gear or equipment in respect of that area or any portion of that area.

• (3) If a close time, fishing quota, limit on the size or weight of fish or fishing gear or equipment is fixed in respect of an area of non-tidal waters for any species of fish other than salmon under the British Columbia Sport Fishing Regulations, 1996, the director responsible for fisheries management in the ministry responsible for fisheries in the Government of British Columbia may, by order, vary that close time, quota, limit, gear or equipment in respect of that area or any portion of that area.

• (4) If a close time, fishing quota, limit on the size or weight of fish or fishing gear or equipment is fixed in respect of an area of non-tidal waters for any species of fish other than salmon under the Yukon Territory Fishery Regulations, the Director of the Fish and Wildlife Branch of the Department of Environment for the Yukon Territory may, by order, vary that close time, quota, limit, gear or equipment in respect of that area or any portion of that area.

• (5) If a close time, fishing quota, limit on the size or weight of fish or fishing gear or equipment is fixed in respect of an area of the province of New Brunswick under the Maritime Provinces Fishery Regulations, the director responsible for fisheries management in the ministry responsible for fisheries in the Government of New Brunswick may, by order, vary that close time, quota, limit, gear or equipment in respect of that area or any portion of that area for any species of fish listed in Appendix A of the Canada–New Brunswick Memorandum of Understanding on Recreational Fisheries, dated June 18, 2001, as amended from time to time.

• (6) If a close time, fishing quota, limit on the size or weight of fish or fishing gear or equipment is fixed in respect of an area of the province of Nova Scotia under the Maritime Provinces Fishery Regulations, the director responsible for fisheries management in the ministry responsible for fisheries in the Government of Nova Scotia may, by order, vary that close time, quota, limit, gear or equipment in respect of that area or any portion of that area for any species of fish listed in Appendix A to the Canada–Nova Scotia Memorandum of Understanding on Recreational Fisheries, dated September 17, 2003, as amended from time to time.

• 7 (1) Subject to subsection (3), where a variation order is made under section 6, 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) broadcasting the notice over a commercial or marine radio station, a radio station operated by the Department or a radio station located on a vessel under contract to the Department that broadcasts in the area or in the vicinity of the area affected by the variation;

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

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

  • (d) transmitting the notice by electronic means to those persons;

  • (d.1) posting the notice on the web site of the Department or of the province;

  • (e) having a fishery officer or fishery guardian give oral notice thereof to those persons; and

  • (f) publishing the notice in the next issue of a sport fishing publication, published periodically by the applicable province or by the Department.

• (2) [Repealed, SOR/2006-209, s. 2]

• (3) Where a variation order is made under subsection 6(1) in respect of the Foreign Vessel Fishing Regulations, notice of the variation shall be given to the persons affected or likely to be affected by the variation

  • (a) by one or more of the methods set out in paragraphs (1)(a) to (e); or

  • (b) by transmitting the notice to the consular or diplomatic authorities of the flag state of the foreign fishing vessel carrying those persons, or to the representative of the flag state named in an application referred to in paragraph 7(f) of the Coastal Fisheries Protection Regulations in respect of the foreign fishing vessel carrying those persons.

• (4) and (5) [Repealed, SOR/2006-209, s. 2]