General Prohibitions (continued)
Marginal note:Setting gear during close time
Marginal note:Removal of gear
(2) Subject to the regulations and subsection (3), any person who places or sets any fishing gear or apparatus in any water, along any beach or within any fishery shall remove it when the gear or apparatus is not being tended and prior to the commencement of a close time.
Marginal note:Officer’s discretion
(3) A fishery officer may permit fishing gear or apparatus to remain in the water, along a beach or within a fishery after the commencement of a close time for any period the fishery officer considers necessary to permit the removal of the gear or apparatus.
- R.S., 1985, c. F-14, s. 25
- 1991, c. 1, s. 6
- 2019, c. 14, s. 16(F)
26 [Repealed, 2012, c. 19, s. 137]
27 [Repealed, 2012, c. 19, s. 137]
28 [Repealed, 2019, c. 14, s. 17]
Marginal note:Obstructing passage of fish or waters
(2) The Minister or a fishery officer may order the removal of or remove any seine, net, weir or other fishing gear or apparatus, or any log, rock or material of any kind that, in the opinion of the Minister or fishery officer, results in an obstruction referred to in paragraph (1)(a) or (b).
Marginal note:Tidal streams
(3) For the purposes of paragraph (1)(b), if a tidal stream has no main channel at low tide, then the tidal stream’s width is considered to be the width of its main channel.
- R.S., 1985, c. F-14, s. 29
- 2012, c. 31, s. 173
- 2019, c. 14, s. 18
30 [Repealed, 2012, c. 19, s. 138]
Marginal note:Permit required
31 (1) No one shall catch, fish for, take, buy, sell, possess or export any fish for the purposes of converting it into fish meal, manure, guano or fertilizer, or for the manufacture or conversion of the fish into oil, fish meal or manure or other fertilizing product, except under authority of the Minister.
Marginal note:Exception by Minister
- R.S., c. F-14, s. 29
Marginal note:Shark finning
Marginal note:Definition of shark finning
(2) In this section, shark finning means the practice of removing the fins from a shark and discarding the remainder of the shark while at sea.
- R.S., 1985, c. F-14, s. 32
- 2012, c. 19, s. 139
- 2019, c. 14, s. 18.1
Marginal note:Importation and exportation
32.1 (1) No person shall import into Canada or export from Canada, or attempt to so import or export, any shark fins or parts of shark fins that are not attached to a shark carcass except in accordance with a permit issued under subsection (2).
Marginal note:Issuance of permit
(2) The Minister may issue a permit authorizing the importation or exportation into or from Canada of any shark fins or parts of shark fins that are not attached to a shark carcass and impose any conditions that the Minister considers appropriate in the permit
(a) if the importation or exportation is for the purpose of scientific research relating to shark conservation; and
(b) if, in the Minister’s opinion, the scientific research is likely to benefit the survival of any shark species or is required to enhance the chances of survival of any shark species in the wild.
Marginal note:Amendment, suspension or cancellation
(3) The Minister may amend, suspend or cancel a permit issued under subsection (2).
Marginal note:Unlawful sale or possession
33 No person shall purchase, sell or possess any fish that has been caught in contravention of this Act or the regulations.
- R.S., 1985, c. F-14, s. 33
- 1991, c. 1, s. 8
Marginal note:Definition of “fishing plan”
33.1 (1) In this section, fishing plan means a Nisga’a annual fishing plan, as defined in the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act, that is approved, or varied and approved, by the Minister in accordance with that Agreement.
Marginal note:Contravention of fishing plan
(2) Where a fishing plan stipulates that this subsection applies to certain of its provisions relating to persons engaged in harvesting, sale or related activities, no person shall contravene any of those provisions.
Marginal note:Conditions of prosecution
(3) No proceedings may be commenced in respect of an offence for the contravention of subsection (2)
(a) except in accordance with an agreement, made under paragraph 93 of the Fisheries Chapter of the Nisga’a Final Agreement, concerning enforcement of federal laws or Nisga’a laws; or
(b) unless the Minister, or a person appointed to a position in the Department of Fisheries and Oceans who is authorized by the Minister, considers such proceedings to be necessary to ensure compliance with the fishing plan.
- 2000, c. 7, s. 23
Fish and Fish Habitat Protection and Pollution Prevention
- deleterious substance
deleterious substance means
(a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water, or
(b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water,
and without limiting the generality of the foregoing includes
(c) any substance or class of substances prescribed pursuant to paragraph (2)(a),
(d) any water that contains any substance or class of substances in a quantity or concentration that is equal to or in excess of a quantity or concentration prescribed in respect of that substance or class of substances pursuant to paragraph (2)(b), and
(e) any water that has been subjected to a treatment, process or change prescribed pursuant to paragraph (2)(c); (substance nocive)
deposit means any discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing; (immersion ou rejet)
- designated project
designated project means a project that is designated by regulations made under paragraph 43(1)(i.5) or that belongs to a class of projects that is designated by those regulations and that consists of works, undertakings or activities, including any works, undertakings or activities that the Minister designates to be associated with the project; (projet désigné)
- ecologically significant area
ecologically significant area means an area designated by regulations made under subsection 35.2(2); (zone d’importance écologique)
- fish habitat
fish habitat[Repealed, 2012, c. 19, s. 141]
- water frequented by fish
water frequented by fish means Canadian fisheries waters. (eaux où vivent des poissons)
Regulations for purpose of definition deleterious substance
(2) The Governor in Council may make regulations prescribing
(a) substances and classes of substances,
(b) quantities or concentrations of substances and classes of substances in water, and
(c) treatments, processes and changes of water
for the purpose of paragraphs (c) to (e) of the definition deleterious substance in subsection (1).
Marginal note:Application — Designated project
(3) Any provision of this Act that applies to works, undertakings or activities also applies to the works, undertakings or activities of a designated project, except paragraphs 34.4(2)(a) to (c) and (e) and 35(2)(a) to (c) and (e).
- R.S., 1985, c. F-14, s. 34
- 2012, c. 19, s. 141
- 2019, c. 14, s. 20
- Date modified: