Fisheries Act

Marginal note:Definitions

• 2 (1) In this Act,

  Aboriginal

  Aboriginal, in relation to a fishery, means that fish is harvested by an Aboriginal organization or any of its members for the purpose of using the fish as food, for social or ceremonial purposes or for purposes set out in a land claims agreement entered into with the Aboriginal organization; (autochtone)

  analyst

  analyst means a person who is designated under subsection 38(1) to perform the functions of an analyst; (analyste)

  Canadian fisheries waters

  Canadian fisheries waters means all waters in the fishing zones of Canada, all waters in the territorial sea of Canada and all internal waters of Canada; (eaux de pêche canadiennes)

  close time

  close time means a specified period during which fish to which it applies may not be fished, and “closed time” or “closed season” has a similar meaning; (période d’interdiction et période de fermeture ou saison de fermeture)

  commercial

  commercial, in relation to a fishery, means that fish is harvested under the authority of a licence for the purpose of sale, trade or barter; (commerciale)

  fish

  fish includes

  • (a) parts of fish,

  • (b) shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and

  • (c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals; (poissons)

  fishery

  fishery includes the area, locality, place or station in or on which a pound, seine, net, weir or other fishing appliance is used, set, placed or located, and the area, tract or stretch of water in or from which fish may be taken by the said pound, seine, net, weir or other fishing appliance, and also the pound, seine, net, weir, or other fishing appliance used in connection therewith; (pêcherie)

  fishery guardian

  fishery guardian means a person who is designated as a fishery guardian pursuant to subsection 5(1); (garde-pêche)

  fishery officer

  fishery officer means a person who is designated as a fishery officer pursuant to subsection 5(1); (agent des pêches)

  fish habitat

  fish habitat means spawning grounds and any other areas, including nursery, rearing, food supply and migration areas, on which fish depend directly or indirectly in order to carry out their life processes; (habitat)

  fishing

  fishing means fishing for, catching or attempting to catch fish by any method; (pêche)

  fishing vessel

  fishing vessel means any vessel used, outfitted or designed for the purpose of catching, processing or transporting fish; (bateau de pêche)

  fishway

  fishway means any device, work or other thing that provides for the free passage of fish, including a canal, a fish pump, a fish ladder, a fish elevator and a fish lock; (passe migratoire)

  inspector

  inspector means a person who is designated as an inspector pursuant to subsection 38(1); (inspecteur)

  lawful excuse

  lawful excuse[Repealed, 1991, c. 1, s. 1]

  Minister

  Minister means the Minister of Fisheries and Oceans or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act, the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act; (ministre)

  obstruction

  obstruction means any slide, dam or other thing impeding wholly or partially the free passage of fish; (obstacle)

  recreational

  recreational, in relation to a fishery, means that fish is harvested under the authority of a licence for personal use of the fish or for sport; (récréative)

  vehicle

  vehicle means any conveyance that may be used for transportation, including aircraft. (véhicule)

• Marginal note:Serious harm to fish

  (2) For the purposes of this Act, serious harm to fish is the death of fish or any permanent alteration to, or destruction of, fish habitat.