Pacific Fishery Regulations, 1993 (SOR/93-54)

1 [Repealed, SOR/2017-58, s. 25]

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Fisheries Act; (Loi)

  Area

  Area has the same meaning as in section 1 of the Pacific Fishery Management Area Regulations, 2007; (secteur)

  bait herring

  bait herring[Repealed, SOR/2022-196, s. 13]

  band

  band[Repealed, SOR/93-334, s. 1]

  barbless hook

  barbless hook[Repealed, SOR/99-296, s. 1]

  beam trawl net

  beam trawl net means a trawl net the mouth of which is held open by a beam or pole that is held horizontally across the mouth of the net while the net is under tow; (chalut à perche)

  bottom trawl

  bottom trawl means a trawl net that is towed along the bed of the water; (chalut de fond)

  corkline to web distance

  corkline to web distance means the shortest distance between the corkline of a gill net and the webbing of the gill net; (distance entre la ralingue et la nappe)

  Department

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

  dip net

  dip net means a bag-like net, fixed to a frame to which a handle is attached, that is used to catch fish without enmeshing them; (épuisette)

  drag seine

  drag seine means a net, weighted at the bottom and floated at the top, that is used to enclose an area of water and is then drawn ashore; (senne traînante)

  fish landing station

  fish landing station[Repealed, SOR/2022-196, s. 13]

  fishwheel

  fishwheel means a frame with a wheel to which are attached devices to scoop fish from the water; (filet rotatif)

  food herring

  food herring means herring taken for human consumption but does not include roe herring or herring spawn on kelp; (hareng de consommation)

  gill net

  gill net means a net that is used to catch fish by enmeshing them and that does not enclose an area of water; (filet maillant)

  herring enclosure

  herring enclosure means any type of enclosure used or intended to be used to confine live herring or herring spawn on kelp; (parc à harengs)

  hook and line

  hook and line includes longline and trolling gear; (hameçon et ligne)

  Indian food fishing

  Indian food fishing[Repealed, SOR/93-334, s. 1]

  Inside Salmon Troll Area

  Inside Salmon Troll Area[Repealed, SOR/96-330, s. 1]

  licensed facility

  licensed facility means

  • (a) a facility used by a person who holds a licence issued under the British Columbia Fish and Seafood Act, SBC 2015, c. 14, as amended from time to time, for the purpose of carrying out activities authorized by the licence, whether or not the facility is specifically referenced in the licence; or

  • (b) a vessel in respect of which a licence has been issued under subsection 18(4); (installation autorisée)

  longline

  longline means a line that has a hook or hooks attached to it and that is anchored to the bed of the water; (palangre)

  mesh size

  mesh size means the total length of twine measured along two contiguous sides of a single mesh, including the distance across the knot joining those sides but not including any other knots; (maillage)

  midwater trawl

  midwater trawl means a trawl net other than a bottom trawl; (chalut pélagique)

  non-tidal waters

  non-tidal waters means the waters of the Province other than tidal waters; (eaux sans marée)

  otter trawl net

  otter trawl net means a trawl net the mouth of which is held open by boards of wood or metal or both, referred to as otter boards or doors, while the net is under tow; (chalut à panneaux)

  Outside Salmon Troll Area

  Outside Salmon Troll Area[Repealed, SOR/96-330, s. 1]

  owner

  owner, in respect of a vessel, means the person or aboriginal organization, as defined in section 2 of the Aboriginal Communal Fishing Licences Regulations, in whose name the vessel is registered; (propriétaire)

  Province

  Province means the Province of British Columbia; (province)

  purse seine

  purse seine means a net that is drawn around a school of fish and then closed at the bottom by means of a line passing through rings attached along the lower edge of the net; (senne coulissante)

  Regional Director-General

  Regional Director-General means the Regional Director-General of the Department for the Pacific Region; (directeur général régional)

  registered

  registered means registered with the Department pursuant to section 19; (enregistré)

  ring net

  ring net means a bag-shaped net that is hung on a frame to which a line is attached; (bolinche)

  roe herring

  roe herring means

  • (a) herring found in or taken from the waters of Subareas 6-1, 6-2, 8-13, 8-14 and 8-15 during the period beginning on May 1 and ending on June 30, and

  • (b) herring found in or taken from any waters not referred to in paragraph (a) during the period beginning on February 10 and ending on April 30; (hareng prêt à frayer)

  salmon

  salmon includes steelhead trout; (saumon)

  Salmon Area F

  Salmon Area F means the waters of Areas 1 to 11, 101 to 111, 130 and 142; (secteur F du saumon)

  Salmon Area G

  Salmon Area G means the waters of Subareas 12-5 to 12-16, Areas 20 to 27 and 121 to 127; (secteur G du saumon)

  Salmon Area H

  Salmon Area H means the waters of Areas 12 to 19, 28 and 29; (secteur H du saumon)

  seine

  seine includes a purse seine and a drag seine; (senne)

  shellfish

  shellfish means Mollusca, Echinodermata and Crustacea; (mollusquesetcrustacés)

  Subarea

  Subarea has the same meaning as in section 1 of the Pacific Fishery Management Area Regulations, 2007; (sous-secteur)

  surfline

  surfline has the same meaning as in section 1 of the Pacific Fishery Management Area Regulations, 2007; (ligne de démarcation)

  tidal waters

  tidal waters means the waters of the Areas set out in Schedule 2 to the Pacific Fishery Management Area Regulations, 2007; (eaux à marée)

  trap

  trap means an enclosure that is designed to catch fish but does not include a trawl net or a purse seine; (casier)

  trap net

  trap net[Repealed, SOR/99-296, s. 1]

  trawl net

  trawl net means any bag-type net that is dragged in the water by a vessel for the purpose of catching fish; (chalut)

  trip

  trip[Repealed, SOR/95-181, s. 1; SOR/99-296, s. 1]

  trolling

  trolling means fishing with a hook or hooks attached to a line that is towed through the water by or from a vessel. (pêche à la traîne)

  validation tab

  validation tab[Repealed, SOR/2013-37, s. 5]

• (2) A reference in these Regulations to a species or group of species of fish by its common name as set out in column I of an item of Schedule I shall be construed as a reference to the species or group of species of fish whose scientific name is set out in column II of that item.

• (3) All references in these Regulations to measurements of mesh size, depth, length or any other dimension of a net shall be construed as references to measurements taken when the net is wet.

Application

• 3 (1) Subject to subsection (2), these Regulations apply in respect of the management and control of

  • (a) fisheries in Canadian fisheries waters in the Pacific Ocean and the Province;

  • (b) fishing for tuna from Canadian fishing vessels in the waters of the Pacific Ocean that are not Canadian fisheries waters; and

  • (c) the harvesting of marine plants from Canadian fisheries waters in the Pacific Ocean that are not within the geographical limits of the Province.

• (2) These Regulations do not apply in respect of

  • (a) sport fishing;

  • (b) fishing from a foreign fishing vessel, as defined in section 2 of the Coastal Fisheries Protection Act;

  • (c) aquaculture or prescribed activities, as defined in the Pacific Aquaculture Regulations, in

    • (i) the territorial sea of Canada off the coast of British Columbia,

    • (ii) the internal waters of Canada off the coast of British Columbia that are not in that province,

    • (iii) the internal waters of Canada in British Columbia, and

    • (iv) any facility in British Columbia from which fish may escape into Canadian fisheries waters; or

  • (d) fishing for marine mammals.

• (3) Sections 6, 8 to 10, 13 to 15, 22, 24 and 25, and Parts IV to VII and IX 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.

• (4) and (5) [Repealed, SOR/2003-398, s. 1]