GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fishery (General) Regulations — Fishery (General) Regulations
licence number means the number assigned to a licence by the Department at the time the licence is issued; ( numéro de permis )
Fishery (General) Regulations — Fishery (General) Regulations
observer means a person who is designated under section 39 or 39.1; ( observateur )
Fishery (General) Regulations — Fishery (General) Regulations
provincial or territorial fisher’s certificate means a certificate of accreditation or registration, however described and regardless of format, that is issued to a commercial fisher through a program of accreditation or registration established under provincial or territorial legislation; ( certificat provincial ou territorial de pêcheur )
Fishery (General) Regulations — Fishery (General) Regulations
Regional Director-General means a Regional Director-General or an Associate Regional Director-General of the Department; ( directeur général régional )
Fishery (General) Regulations — Fishery (General) Regulations
registered vessel means a fishing vessel registered with the Department under any of the Regulations listed in subsection 3(4); ( bateau enregistré )
Fishery (General) Regulations — Fishery (General) Regulations
Regulatory Area means that part of the Convention Area that lies beyond the areas in which any country exercises fisheries jurisdiction; ( zone de réglementation )
Fishery (General) Regulations — Fishery (General) Regulations
vessel registration card means a vessel registration card or vessel registration certificate issued under any of the Regulations listed in subsection 3(4); ( carte d’enregistrement de bateau )
Fishery (General) Regulations — Fishery (General) Regulations
vessel registration number means the number assigned to a vessel by the Department at the time the vessel is registered as a fishing vessel under any of the Regulations listed in subsection 3(4). ( numéro d’enregistrement de bateau )
Fishery (General) Regulations — 3
3 (1) Subject to subsection (2), Parts I to VIII apply in respect of (a) fishing and related activities in Canadian fisheries waters off the Atlantic, Pacific and Arctic coasts; (b) fishing and related activities in the provinces of Nova Scotia, New Brunswick, British Columbia, Prince Edward Island and Newfoundland and Labrador and in the Yukon Territory and Northwest Territories; and (c) fishing and related activities carried out in waters other than Canadian fisheries waters from vessels subject to the jurisdiction of Canada. (2) Parts I to VIII do not apply in respect of fishing and related activities in respect of which the Quebec Fishery Regulations, 1990 apply. (3) Parts IX and X apply in respect of Canada and Canadian fisheries waters. (4) Where there is an inconsistency between these Regulations and any of the following Regulations, the following Regulations shall prevail: (a) the Atlantic Fishery Regulations, 1985 ; (b) the British Columbia Sport Fishing Regulations, 1996 ; (c) the Foreign Vessel Fishing Regulations ; (d) the Marine Mammal Regulations ; (e) the Management of Contaminated Fisheries Regulations ; (f) the Maritime Provinces Fishery Regulations ; (g) the Newfoundland and Labrador Fishery Regulations ; (h) the Northwest Territories Fishery Regulations ; (i) the Pacific Fishery Regulations, 1993 ; (j) the Yukon Territory Fishery Regulations ; (k) the Aboriginal Communal Fishing Licences Regulations ; (l) the Pacific Aquaculture Regulations ; (m) the Aquatic Invasive Species Regulations ; and (n) the Possession and Export of Elvers Regulations . (5) Sections 18 to 21, 23 and 26 to 29 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 . (6) Sections 18 to 21, 23, 26 and 29 do not apply in respect of Inuit domestic fishing, being the exercise by a person of the right to harvest any species or stock of fish for food, social and ceremonial purposes in accordance with the Agreement defined in section 2 of the Labrador Inuit Land Claims Agreement Act . SOR/93-333, s. 2; SOR/94-296, s. 1; SOR/2002-225, s. 8; SOR/2003-369, ss. 1, 4; SOR/2010-270, s. 8; SOR/2015-121, s. 34; SOR/2018-110, s. 6 SOR/2024-237, s. 13
Fishery (General) Regulations — 4
4 Where a period of time is set out in any of the Regulations listed in subsection 3(4), the period (a) unless otherwise specified, begins at 00:00 h on the first day set out and ends at 24:00 h on the last day set out; and (b) begins and ends in each calendar year except that where the period is stated to end on a day in a month that occurs earlier in a calendar year than the month in which the period begins, that period begins in one calendar year and ends in the next calendar year.
Fishery (General) Regulations — 5
5 (1) Subject to subsection (2), a reference to time in a provision of any of the Regulations listed in subsection 3(4) or a notice given under section 7 is a reference to local time in effect in the province or portion thereof that is closest to the waters in respect of which the provision or the notice applies unless, in the case of a notice, it is otherwise stated in the notice. (2) Where notice is given under section 7 in respect of any close time set out in the Foreign Vessel Fishing Regulations , that time is a reference to Greenwich time.
Fishery (General) Regulations — 6
6 (1) If a close time, fishing quota, limit on the size or weight of fish or fishing gear or equipment is fixed in respect of an area under any of the Regulations listed in subsection 3(4), the Regional Director-General may, by order, vary that close time, quota, limit, gear or equipment in respect of that area or any portion of that area. (2) If a close time, fishing quota or fishing gear or equipment for herring or salmon fishing is fixed in respect of an area under the Pacific Fishery Regulations, 1993 , a fishery officer may, by order, vary that close time, quota, gear or equipment in respect of that area or any portion of that area. (3) If a close time, fishing quota, limit on the size or weight of fish or fishing gear or equipment is fixed in respect of an area of non-tidal waters for any species of fish other than salmon under the British Columbia Sport Fishing Regulations, 1996 , the director responsible for fisheries management in the ministry responsible for fisheries in the Government of British Columbia may, by order, vary that close time, quota, limit, gear or equipment in respect of that area or any portion of that area. (4) If a close time, fishing quota, limit on the size or weight of fish or fishing gear or equipment is fixed in respect of an area of non-tidal waters for any species of fish other than salmon under the Yukon Territory Fishery Regulations , the Director of the Fish and Wildlife Branch of the Department of Environment for the Yukon Territory may, by order, vary that close time, quota, limit, gear or equipment in respect of that area or any portion of that area. (5) If a close time, fishing quota, limit on the size or weight of fish or fishing gear or equipment is fixed in respect of an area of the province of New Brunswick under the Maritime Provinces Fishery Regulations , the director responsible for fisheries management in the ministry responsible for fisheries in the Government of New Brunswick may, by order, vary that close time, quota, limit, gear or equipment in respect of that area or any portion of that area for any species of fish listed in Appendix A of the Canada–New Brunswick Memorandum of Understanding on Recreational Fisheries, dated June 18, 2001, as amended from time to time. (6) If a close time, fishing quota, limit on the size or weight of fish or fishing gear or equipment is fixed in respect of an area of the province of Nova Scotia under the Maritime Provinces Fishery Regulations , the director responsible for fisheries management in the ministry responsible for fisheries in the Government of Nova Scotia may, by order, vary that close time, quota, limit, gear or equipment in respect of that area or any portion of that area for any species of fish listed in Appendix A to the Canada–Nova Scotia Memorandum of Understanding on Recreational Fisheries, dated September 17, 2003, as amended from time to time. SOR/98-481, s. 2; SOR/2003-369, s. 2; SOR/2006-209, s. 1 SOR/2023-147, s. 3
Fishery (General) Regulations — 7
7 (1) Subject to subsection (3), where a variation order is made under section 6, notice of the variation shall be given to the persons affected or likely to be affected by the variation by one or more of the following methods: (a) broadcasting the notice over a commercial or marine radio station, a radio station operated by the Department or a radio station located on a vessel under contract to the Department that broadcasts in the area or in the vicinity of the area affected by the variation; (b) publishing the notice in a newspaper that is circulated in the vicinity of the area affected by the variation; (c) posting the notice in the area or in the vicinity of the area affected by the variation; (d) transmitting the notice by electronic means to those persons; (d.1) posting the notice on the web site of the Department or of the province; (e) having a fishery officer or fishery guardian give oral notice thereof to those persons; and (f) publishing the notice in the next issue of a sport fishing publication, published periodically by the applicable province or by the Department. (2) [Repealed, SOR/2006-209, s. 2] (3) Where a variation order is made under subsection 6(1) in respect of the Foreign Vessel Fishing Regulations , notice of the variation shall be given to the persons affected or likely to be affected by the variation (a) by one or more of the methods set out in paragraphs (1)(a) to (e); or (b) by transmitting the notice to the consular or diplomatic authorities of the flag state of the foreign fishing vessel carrying those persons, or to the representative of the flag state named in an application referred to in paragraph 7(f) of the Coastal Fisheries Protection Regulations in respect of the foreign fishing vessel carrying those persons. (4) and (5) [Repealed, SOR/2006-209, s. 2] SOR/95-242, s. 1; SOR/2003-369, s. 3; SOR/2006-209, s. 2; SOR/2011-39, s. 10
Fishery (General) Regulations — 8
8 (1) The Minister may require an applicant for a document to submit (a) such information in addition to that included in the application as may reasonably be regarded as relevant; and (b) a statutory declaration verifying the information given in the application or verifying the information submitted under paragraph (a). (2) An application from a corporation for a document shall be signed by an officer of the corporation.
Fishery (General) Regulations — 9
9 Where it is indicated in a document that it is not valid unless signed, the holder of the document shall, on receipt of the document, immediately sign it in ink in the space provided.
Fishery (General) Regulations — 10
10 Unless otherwise specified in a document, a document expires (a) where it is issued for a calendar year, on December 31 of the year for which it is issued; or (b) where it is issued for a fiscal year, on March 31 of the year for which it is issued.
Fishery (General) Regulations — 11
11 Every holder of a licence, a fisher’s registration card or a provincial or territorial fisher’s certificate shall carry it at all times while engaged in any activity to which it relates and shall produce it on the demand of a fishery officer or fishery guardian. SOR/2020-255, s. 7
Fishery (General) Regulations — 12
12 The operator of a vessel in respect of which a vessel registration card has been issued shall have the vessel registration card and the licence authorizing the use of the vessel on board the vessel whenever the vessel is engaged as a fishing vessel and shall produce them on the demand of a fishery officer or fishery guardian.
Fishery (General) Regulations — 14
14 (1) Notwithstanding paragraph 15(1)(a), a fishery officer who is employed by the Department or any employee of the Department engaged in the issuance of documents may, on the request of the holder of a document, (a) amend the document and sign and date the amendment; or (b) cancel the document and issue a replacement document. (2) Where a document contains an error or was issued in error, a fishery officer or an employee referred to in subsection (1) may request the holder of the document to surrender it. (3) Where the holder of a document receives a request referred to in subsection (2), that person shall immediately comply with the request.
Fishery (General) Regulations — 15
15 (1) No person shall (a) alter or deface any document; (b) use or produce any document that has been altered or defaced; or (c) use or produce any document issued to another person under the pretence of being the holder thereof. (2) No holder of a fisher’s registration card shall permit another person to use that registration card. (3) Where a licence specifies the person or persons who may fish under the licence, the holder of that licence shall not permit any person other than the person or persons so specified to use that licence.
Fishery (General) Regulations — 16
16 (1) A document is the property of the Crown and is not transferable. (2) The issuance of a document of any type to any person does not imply or confer any future right or privilege for that person to be issued a document of the same type or any other type.
Fishery (General) Regulations — 17
17 (1) Where a person is the holder of a document and has a change of name or address, or the document is lost, stolen or destroyed or becomes illegible, that person shall notify the Minister in writing within 15 days after the occurrence of the event and the Minister may issue a replacement document showing any applicable changes. (2) On receipt of a replacement document, the holder shall immediately return to the Department the document being replaced if it is still in the holder’s possession. (3) A holder of a replacement document who recovers the document that was replaced shall immediately return it to the Department.
Fishery (General) Regulations — 18
18 (1) Where there is a transfer of ownership of a registered vessel or a loss, destruction, dismantling or other removal of a registered vessel from use as a fishing vessel, the person in whose name the vessel is registered shall (a) notify the Minister in writing of the event within 15 days after the occurrence of the event; and (b) where the person is still in possession of the vessel registration card or any licence issued in respect of the vessel, return the document to the Minister with the notification required under paragraph (a). (2) A notification of transfer of ownership given under paragraph (1)(a) shall include the name and address of the new owner.
Fishery (General) Regulations — 19
19 Where there is a transfer of ownership of a registered vessel and the vessel is not registered in the name of the new owner, (a) no person shall use that vessel as a fishing vessel; and (b) the new owner of that vessel shall not permit another person to use the vessel as a fishing vessel.
Fishery (General) Regulations — 20
20 Where a transfer of ownership of a registered vessel is to take place and it is not intended that the vessel will be used in any activity that requires the vessel to be registered, the person in whose name the vessel is registered shall, prior to the transfer, remove the vessel registration number that is painted on or affixed to the vessel in accordance with section 26.
Fishery (General) Regulations — 21
21 Where there is a change in the registered ownership of shares of a corporation that holds a licence that results in a different person being the registered owner of the largest number of shares of the corporation or that results in any one person being the registered owner of more than 50 per cent of the shares of that corporation, the corporation shall notify the Minister in writing of the change within 15 days after the date of the change.
Fishery (General) Regulations — 22
 conditions of a licence. (3) A notice of any amendment referred to in subsection (2) shall be (a) sent to the licence holder by registered mail; or (b) personally delivered to the licence holder by a fishery officer. (4) An amendment referred to in subsection (2) is effective from the time the licence holder receives the notice referred to in subsection (3). (5) A notice referred to in subsection (3) forms part of the licence to which it relates and the licence holder shall, on receipt of such a notice, attach the notice to the licence. (6) Compliance with the Act and the regulations made under the Act is a condition of every licence. (7) No person carrying out any activity under the authority of a licence shall contravene or fail to comply with any condition of the licence. SOR/93-333, s. 4
Fishery (General) Regulations — 23
23 (1) This section does not apply in respect of a licence issued for the purpose of recreational or sport fishing. (2) Where the holder of a licence or the operator named in a licence is unable to engage in the activity authorized by the licence or use the vessel specified in the licence because of circumstances beyond the control of the holder or operator, a fishery officer who is employed by the Department or any employee of the Department engaged in the issuance of licences may, on the request of the holder or the holder’s agent, authorize in writing (a) another person to carry out the activity under the licence; or (b) the use of another vessel under the licence. (3) Where an authorization is given under subsection (2), the authorization forms part of the licence and the person given the authorization shall attach it to the licence.
Fishery (General) Regulations — 24
24 (1) Where considering suspending or cancelling a lease or licence under section 9 of the Act, the Minister shall notify the holder thereof in writing by (a) sending a notice by registered mail to the holder; or (b) having a fishery officer personally deliver a notice to the holder or, if the holder cannot conveniently be found, leave a notice for the holder at the holder’s last known place of abode with any person who resides therein who appears to be at least 16 years of age. (2) A notice referred to in subsection (1) shall set out the reasons for the suspension or cancellation being considered and the period of suspension or the effective date of cancellation, as the case may be. (3) Where the holder of a lease or licence receives a notice referred to in subsection (1), the holder may, in writing and within 30 days after receiving the notice, make representations to the Minister. (4) Where the Minister receives representations pursuant to subsection (3), the Minister shall, within a reasonable time, review the matter and, in writing, inform the holder referred to in subsection (3) of the decision.
Fishery (General) Regulations — 25
25 (1) Where a licence is suspended or cancelled under section 9 or 79.1 of the Act, the holder of the licence shall (a) immediately surrender the licence to a fishery officer; and (b) immediately remove from the water all fishing gear operated under the licence. (2) No person whose licence is suspended under section 9 or 79.1 of the Act shall, during the period of suspension, (a) engage in fishing for any species of fish for which fishing was authorized by the licence; or (b) be on board a vessel engaged in fishing for any species of fish for which fishing was authorized by the licence. (3) No person whose licence is cancelled under section 9 or 79.1 of the Act shall, during the remaining period for which the licence was issued, (a) engage in fishing for any species of fish for which fishing was authorized by the licence; or (b) be on board a vessel engaged in fishing for any species of fish for which fishing was authorized by the licence.
Fishery (General) Regulations — 26
26 (1) No person shall operate or cause to be operated a registered vessel (a) on which the vessel registration number is not painted or securely affixed by some other means; or (b) that displays a vessel registration number that does not meet the requirements set out in subsection (2). (2) A vessel registration number shall be (a) legible and unobstructed when viewed from an aircraft in flight, from another vessel or from shore; (b) in solid Arabic numerals without ornamentation; (c) white on a black background or black on a white background; (d) aligned horizontally; (e) of dimensions in accordance with the table to this subsection and subsections (4) and (5); and (f) located on the vessel in accordance with subsection (6). TABLE Item Column I Column II Overall length of vessel Minimum height of numerals 1 25 m or more 1.0 m 2 20 m or more but less than 25 m 0.8 m 3 15 m or more but less than 20 m 0.6 m 4 12 m or more but less than 15 m 0.4 m 5 5 m or more but less than 12 m 0.3 m 6 Less than 5 m 0.1 m (2.1) Where compliance with paragraph (2)(e) is impossible because of a vessel’s structural characteristics, the vessel registration number may be of dimensions that are smaller than those prescribed in this section if the numerals are of the greatest dimensions permitted by the vessel’s structural characteristics. (3) For the purpose of subsections (4) and (5), “h” is the height of the numerals forming the vessel registration number. (4) The numerals forming the vessel registration number shall (a) have a stroke width of h/6; and (b) be spaced apart not less than h/6 and not more than h/4. (5) The background shall extend to provide a border of not less than h/6 around the vessel registration number. (6) The vessel registration number shall be located as high as is practicable on both sides of the vessel. (7) Subject to subsection (8), no person shall operate or cause to be operated a fishing vessel that displays, on the exterior of the vessel, any number other than the vessel registration number. (8) Subsection (7) does not apply with respect to (a) a foreign fishing vessel operating under a licence issued under the Coastal Fisheries Protection Regulations ; or (b) a vessel displaying a licence number in accordance with the Small Vessel Regulations . SOR/95-242, s. 2
Fishery (General) Regulations — 27
27 (1) It is prohibited for any person to set, operate or leave unattended in the water any fishing gear other than mobile gear or handlines unless the gear is marked in accordance with subsections (2) to (6) with (a) where a vessel registration number is set out in the licence authorizing the use of that gear, the vessel registration number; or (b) in any other case, the name of the person who owns the gear. (2) The vessel registration number or name referred to in subsection (1) shall be painted on or otherwise securely affixed to a tag, float or buoy attached to the gear and be legible and readily visible at all times without the necessity of raising the gear from the water or, where the water is ice covered, without the necessity of removing any snow or ice. (3) The numerals in a vessel registration number referred to in paragraph (1)(a) shall be solid block Arabic numerals (a) without ornamentation; (b) not less than 75 mm in height; and (c) in a colour that contrasts with their background. (4) The letters forming a name referred to in paragraph (1)(b) shall be solid block capital letters in Roman characters (a) without ornamentation; (b) not less than 75 mm in height; and (c) in a colour that contrasts with their background. (5) The tag, float or buoy referred to in subsection (2) shall have displayed on it only one vessel registration number or one name, as the case may be. (6) Except as otherwise provided as a condition of a licence, a tag, float or buoy referred to in subsection (2) shall (a) where the waters are tidal waters and one end of the fishing gear is fastened to the shore, be affixed to the end of the gear farthest from the shore; and (b) in any other case, be affixed to each end of the gear. (c) [Repealed, SOR/95-242, s. 3] (7) The Minister may specify a licence condition referred to in subsection (6) only if the purpose of the condition is to mitigate marine mammal entanglement. SOR/95-242, s. 3; SOR/2013-37, s. 3 SOR/2023-147, s. 4