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

Regulations are current to 2019-07-01 and last amended on 2019-05-10. Previous Versions

PART IIRegistration and Licensing of Fishers and Vessels

Issuance of Registration Cards, Registration Certificates and Licences

  •  (1) The Minister may issue a fisher’s registration card, a vessel registration certificate or a licence referred to in column I of an item of Part I of Schedule II upon application therefor and payment of the fee set out in column II of that item.

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

  • (3) Where an Indian or the Northern Native Fishing Corporation is issued a Category A licence in respect of a vessel, the Indian or the Corporation shall pay either the appropriate fee set out in subitem 3(1) of Part I of Schedule II or the fee set out in subitem 3(2) thereof.

  • (4) Where a vessel in respect of which a Category A licence was issued after December 31, 1979 for the fee set out in subitem 3(2) of Part I of Schedule II is sold to a person other than an Indian or the Northern Native Fishing Corporation, the Category A licence is void.

Registration Certificate Invalid

  •  (1) A vessel registration certificate issued in respect of a vessel becomes invalid if the vessel is modified so that the tonnage or length of the vessel differs from that set out in the vessel registration certificate.

  • (2) Where a vessel registration certificate becomes invalid pursuant to subsection (1),

    • (a) the vessel registration certificate and all licences issued in respect of the vessel shall be forthwith returned to the Minister; and

    • (b) no person shall use the vessel in commercial fishing until a new vessel registration certificate has been issued in respect of it.

 [Repealed, SOR/96-330, s. 2]

Registration and Licence Required

  •  (1) No person shall use a vessel, and no owner or lessee of a vessel shall permit the use of that vessel, in commercial fishing for any species of fish unless

    • (a) subject to subsection (2), the vessel is registered; and

    • (b) the use of the vessel to fish for that species of fish is authorized by a commercial fishing licence.

  • (2) A person may use an unregistered vessel in commercial fishing for roe herring with a gill net or when fishing in non-tidal waters.

  •  (1) Subject to subsection (2), no person shall use a vessel to process fish unless

    • (a) the vessel is registered; and

    • (b) a Category P licence has been issued in respect of the vessel.

  • (2) Subsection (1) does not apply in respect of washing, eviscerating, icing or freezing fish, other than bivalve molluscs, on board the vessel that was used to catch the fish.

 No person shall use a vessel to transport from fishing grounds fish that were taken in commercial fishing unless the vessel is registered and

  • (a) is licensed to be used in commercial fishing; or

  • (b) a Category D licence has been issued in respect of the vessel.

 No person who is sixteen years of age or older shall engage in commercial fishing or be on board a vessel that is being used in commercial fishing unless that person is registered.

  •  (1) Subject to subsection (2), no person shall fish except under the authority of a licence issued under these Regulations, the Fishery (General) Regulations or the Aboriginal Communal Fishing Licences Regulations.

  • (2) Subsection (1) does not apply to a person who is registered and who is engaged in commercial fishing for a species of fish from a registered vessel that is authorized by a commercial fishing licence to be used in fishing for that species.

  • SOR/93-334, s. 4

PART III[Repealed, SOR/93-334, s. 5]

PART IVFish Other than Halibut, Herring, Salmon and Shellfish

 [Repealed, SOR/2003-137, s. 20]

Close Times

[SOR/94-57, s. 1]

 No person shall catch and retain a species of fish set out in column I of an item of Schedule III from the waters set out in column II of that item with the type of fishing gear set out in column III of that item during the close time set out in column IV of that item.

 [Repealed, SOR/94-57, s. 2]

 [Repealed, SOR/99-296, s. 6]

Lingcod

 No person shall catch and retain a lingcod that is less than

  • (a) 58 cm in length, measured from the tip of the nose to the tip of the tail; or

  • (b) where the head has been removed, 45 cm in length, measured along the shortest length of the body to the tip of the tail.

Sablefish

  •  (1) No person shall catch and retain a sablefish that is less than

    • (a) 55 cm in length, measured from the tip of the nose to the fork of the tail; or

    • (b) where the head has been removed, 39 cm in length, measured from the origin of the first dorsal fin to the fork of the tail.

  • (2) [Repealed, SOR/99-296, s. 7]

  • SOR/99-296, s. 7

Smelt

  •  (1) No person shall fish for smelt with

    • (a) a gill net that

      • (i) is more than 275 m in length,

      • (ii) has a mesh size of less than 25 mm, or

      • (iii) has a mesh size of more than 50 mm; or

    • (b) a seine that

      • (i) is more than 90 m in length, or

      • (ii) has a mesh size of less than 19 mm.

  • (2) No person shall fish for smelt with an anchored gill net in any Area other than Areas 28 and 29.

  • (3) No person shall fish for smelt in Area 28 or 29 during the period beginning at 08:00 h on Thursday and ending at 08:00 h on the following Monday.

 [Repealed, SOR/99-296, s. 8]

PART VHerring

 [Repealed, SOR/2003-137, s. 21]

Close Times

 No person shall fish for or catch and retain herring under the authority of a licence set out in column I of an item of Schedule V from the waters set out in column II of that item with the type of fishing gear set out in column III of that item during the close time set out in column IV of that item.

 Where notified by a fishery officer or fishery guardian that a roe herring fishery is about to be opened in an area, a person who is operating a fishing vessel in that area shall, unless the vessel is authorized to be used in the roe herring fishery in that area pursuant to a Category H licence, remove the vessel from the area until the fishery has opened.

Herring Spawning Grounds

  •  (1) A fishery officer may designate an area as a herring spawning ground and establish the boundaries of the area and the period of time for which the area is designated as a herring spawning ground.

  • (2) Where an area is designated as a herring spawning ground under subsection (1), notice of the designation shall be given by the fishery officer to the persons affected or likely to be affected by the designation by one or more of the methods set out in respect of the variation of close times in section 7 of the Fishery (General) Regulations.

  • (3) No person shall, in an area designated as a herring spawning ground under subsection (1),

    • (a) transfer herring from one vessel to another; or

    • (b) anchor any fishing vessel or any other vessel used to assist in herring fishing.

 [Repealed, SOR/99-296, s. 9]

 [Repealed, SOR/99-296, s. 10]

Herring Enclosures

  •  (1) No person shall establish or operate a herring enclosure unless authorized to do so under a Category J or Z licence.

  • (2) and (3) [Repealed, SOR/99-296, s. 11]

  • SOR/93-334, s. 6
  • SOR/99-296, s. 11
 
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