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

Assisting Observers

Monitoring Fishing Activities

• 46 (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

47 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.

48 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.

Embarking and Disembarking Assistance

49 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

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

Licence

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

52 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.

Licence Fee

• 53 (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.

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

Interpretation

54 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

• 55 (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

56 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

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

PART IXAuthorization to Alter Fish Habitat

Authorization

58 [Repealed, SOR/2013-191, s. 9]

PART XRemoval of Obstructions to the Passage of Fish

59 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

• 60 (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

• 61 (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

• 62 (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

63 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

64 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.

PART XIIIFishing in Waters Other than Canadian Fisheries Waters

Prohibitions

• 65 (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

  • (a) in the Regulatory Area under the authority of a licence issued under the Atlantic Fishery Regulations, 1985; or

  • (b) in the Pacific Ocean for tuna under the authority of a licence issued under the Pacific Fishery Regulations, 1993.

• 66 (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.

67 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.

• 68 (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.

PART XIVFish Stocks

69 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.