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Atlantic Fishery Regulations, 1985 (SOR/86-21)

Regulations are current to 2021-06-03 and last amended on 2021-05-14. Previous Versions

PART IIRegistration of Persons and Vessels and Licensing of Persons (continued)

[
  • SOR/91-498, s. 3
]

Registration Cards, Licences and Certificates (continued)

[
  • SOR/2020-255, s. 2
]

 No person shall harvest marine plants except under the authority of a licence issued for that purpose by the Minister under section 45 of the Act.

  • SOR/93-61, s. 5

Application for Documents

  •  (1) An application for a document is to be made to the Minister on a form supplied by the Minister and accompanied by the appropriate fee.

  • (2) Subject to subsections (2.1) to (2.3), the fee for a document set out in column I of an item of Part I of Schedule II is the fee set out in column II of that item.

  • (2.1) Subject to subsections (2.2) and (2.3), where a Commercial Fishing Licence authorizes the taking of specific quantities of any species set out in Part II of Schedule II, the fee for the licence shall be the sum of the products determined by multiplying the number of tonnes of each species set out in column I of an item of Part II that are authorized to be taken under the licence from the waters set out in column II of that item by the fee per tonne set out in column III of that item.

  • (2.2) Where any product calculated pursuant to subsection (2.1) in respect of any species of fish, other than groundfish,

    • (a) is less than $2,500.00 that product shall be reduced by 40 percent; or

    • (b) is $2,500.00 or more that product shall be reduced by $1,000.00.

  • (2.3) Where the sum of the products calculated pursuant to subsection (2.1) in respect of all species of groundfish

    • (a) is less than $2,500.00 that sum shall be reduced by 40 percent; or

    • (b) is $2,500.00 or more that sum shall be reduced by $1,000.00.

  • (3) to (5) [Repealed, SOR/93-61, s. 6]

  • SOR/86-1000, s. 2
  • SOR/87-672, s. 2
  • SOR/89-584, s. 2
  • SOR/93-61, s. 6
  • SOR/96-1, s. 1

Registration

  •  (1) Where, pursuant to section 17, the Minister receives an application for a fisher’s registration card or a vessel registration card, he may issue that card.

  • (2) Where, pursuant to subsection (1), the Minister issues a fisher’s registration card to a person or a vessel registration card in respect of a vessel, that person or vessel is registered with the Department.

  • SOR/93-61, s. 54(E)

PART IIIInshore and Coastal Licences

Interpretation

  •  (1) The following definitions apply in this Part.

    family member

    family member has the meaning assigned by paragraph (a) of the definition related persons in subsection 251(2) of the Income Tax Act. (membre de la famille)

    inshore family fishing corporation

    inshore family fishing corporation means a corporation that operates an inshore fishing enterprise and that meets the following conditions:

    • (a) 100% of its voting shares are held by a licence holder;

    • (b) the sole director is the licence holder or, if the licence holder is a corporation, all of the shares of which belong to one individual, that individual; and

    • (c) 100% of its non-voting shares, if any, are held by

      • (i) a member of the licence holder’s family or, if the licence holder is a corporation, all of the shares of which belong to one individual, a member of that individual’s family, or

      • (ii) an inshore fishing corporation or an inshore fishing family trust. (société familiale de pêche côtière)

    inshore fishing corporation

    inshore fishing corporation means a corporation that meets the following conditions:

    • (a) 100% of its voting shares are held by a licence holder;

    • (b) the sole director is the licence holder or, if the licence holder is a corporation, all of the shares of which belong to one individual, that individual; and

    • (c) 100% of its non-voting shares, if any, are held by

      • (i) a member of the licence holder’s family or, if the licence holder is a corporation, all of the shares of which belong to one individual, a member of that individual’s family, or

      • (ii) an inshore fishing corporation or an inshore fishing family trust. (société de pêche côtière)

    inshore fishing family trust

    inshore fishing family trust means a trust

    • (a) that has as its sole trustee a licence holder or, if the licence holder is a corporation all of the shares of which belong to one individual, that individual; and

    • (b) for which each beneficiary must be either a member of the licence holder’s family or, if the licence holder is a corporation all of the shares of which belong to one individual, a member of that individual’s family or an inshore fishing company. (fiducie familiale de pêche côtière)

  • (2) For the purposes of the definition family member, common-law partnership is to be read as a person who is cohabiting with a licence holder in a relationship of a conjugal nature and has done so for a period of at least one year.

Eligibility Criteria

 This Part applies to the following licences:

  • (a) an inshore fishing licence that is held by a licence holder that is identified as an independent core licence holder with the Minister of Fisheries and Oceans Canada, except for a licence that indicates this Part does not apply, and the licence is to fish for

    • (i) groundfish by means of fixed gear and the use of a vessel having an overall length of at least 13.72 m (45 feet) but not more than 19.81 m (65 feet),

    • (ii) groundfish by means of mobile gear and the use of a vessel having an overall length of less than 19.81 m (65 feet),

    • (iii) herring by means of a purse seine,

    • (iv) scallops in respect of the Full Bay Fleet,

    • (v) shrimp by means of mobile gear in any of Shrimp Fishing Areas 13 to 15,

    • (vi) swordfish by means of a longline,

    • (vii) tuna, if it is a restricted licence and issued with a licence referred to in subparagraph (vi),

    • (viii) bluefin tuna, in respect of the southwest Nova Scotia fleet,

    • (ix) sculpin, if the licence is issued to a licence holder that also holds a licence referred to in subparagraph (ii),

    • (x) squid by means of jigger or handline and the licence is issued to a licence holder that also only holds a licence referred to in subparagraphs (i) to (ix),

    • (xi) squid by means of otter trawl and the licence is issued to a licence holder that also holds a licence referred to in subparagraph (i), (ii), (iv), (v), or (vii) to (ix) if an otter trawl is used as the means of fishing under that licence, or

    • (xii) squid by means of purse seine and the licence is issued to a licence holder that also holds a licence referred to in subparagraph (i) to (v), (vii), (viii) or (ix) if a purse seine is used as the means of fishing under that licence;

  • (b) a coastal fishing licence, other than a licence to fish for herring or mackerel using fixed gear that is issued to a corporation with more than one shareholder;

  • (c) an inshore fishing licence with “designated operator status” or “exploitant désigné” or an equivalent expression appearing on it and that is held by a licence holder referred to in paragraph (a);

  • (d) an inshore fishing licence that is held by a licence holder that is identified as a head of a non-core enterprise with the Minister of Fisheries and Oceans Canada;

  • (e) an inshore fishing licence with “designated operator status” or “exploitant désigné” or an equivalent expression appearing on it and that is held by a licence holder referred to in paragraph (d);

  • (f) an inshore fishing licence held by an organization that has been issued an allocation of fish to catch for the benefit of its membership; and

  • (g) an inshore fishing licence held by a corporation that held such a licence before January 19, 1989, unless

    • (i) “designated operator status” or “exploitant désigné” or an equivalent expression appears on the licence, or

    • (ii) the corporation held an inshore fishing licence before January 1, 1979.

 
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