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|
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| Certain
instruments
exempted
|
22. Fisheries management orders and fish
eries management agreements are exempt
from the application of sections 3, 5 and 11 of
the Statutory Instruments Act.
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| Destruction of
fish
|
23. No person shall destroy fish by any
means other than fishing except as authorized
by the Minister, a fishery officer or the
regulations.
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| Main channel
not to be
obstructed
|
24. (1) One third of the width of any river or
stream and not less than two thirds of the width
of the main channel at low tide in every tidal
stream shall be left open, and no kind of net or
other fishing apparatus, logs or any material of
any kind shall be used or placed therein.
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| Devices to
prevent
escape of fish
|
(2) The Minister or a fishery officer may
authorize the placing and maintaining of
barriers, screens or other devices in streams, to
prevent the escape of fish held for fish
breeding purposes or for any other purpose
that the Minister deems to be in the public
interest, and no person shall damage any such
barrier, screen or other device.
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| Nets, weirs,
etc., not to
obstruct
passage of
fish
|
25. (1) No person shall set, use or maintain
in Canadian waters, whether subject to any
exclusive right of fishing or not, any net, weir
or other device that unduly obstructs the
passage of fish.
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| Removal
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(2) The Minister or a fishery officer may
order the removal of or remove any net, weir
or other device that, in the opinion of the
Minister or fishery officer, unduly obstructs
the passage of fish.
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| Fish-ways and
canals
|
26. No person shall fish in any manner
within twenty-five metres downstream from
the lower entrance to any fish-way, canal,
obstacle or leap.
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| Prohibition
|
27. No person shall fish in any area to which
a lease or licence applies, or set therein any
fishing gear or apparatus, except by permis
sion of the occupant under the lease or licence
for the time being, nor shall any person
interfere with any such fishery.
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| Unlawful sale
or possession
|
28. No person shall purchase, sell or possess
any fish that has been caught and retained in
contravention of this Act, the regulations, a
fisheries management order, a lease or a
condition of a licence.
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| Setting gear
during closed
time
|
29. (1) No person shall set or leave any
fishing gear or apparatus used to fish for a
species of fish in any waters during a closed
time for that species of fish in those waters.
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| Officer's
discretion
|
(2) A fishery officer may permit fishing
gear or apparatus referred to in subsection (1)
to remain in the water, for such period as the
fishery officer may fix, after the commence
ment of the closed time.
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|
| Entry of
foreign
fishing vessels
|
30. No foreign fishing vessel shall enter
Canadian waters or the exclusive economic
zone of Canada for any purpose
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|
(a) except in accordance with a licence; or
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|
(b) unless authorized by the regulations or
any other law of Canada.
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| Fishing
|
31. (1) No foreign fishing vessel shall,
except in accordance with a licence or unless
authorized by the regulations or any other law
of Canada, engage in any of the following
activities in Canadian waters or the exclusive
economic zone of Canada:
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(c) unloading, landing or transhipping any
fish, outfit or supplies;
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|
(d) shipping or discharging any crew mem
ber or other person; or
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|
(e) buying or obtaining bait or any supplies
or outfits.
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| Fishing for
sedentary
species
|
(2) No foreign fishing vessel shall, except
under a licence or unless authorized by the
regulations or any other law of Canada,
engage in fishing for a sedentary species on
the continental shelf of Canada.
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| Importation of
fish
|
32. No Canadian fishing vessel shall, ex
cept under a licence or unless authorized by
the regulations, bring into Canadian waters or
the exclusive economic zone of Canada fish
received outside Canadian waters and the
exclusive economic zone of Canada from a
foreign fishing vessel.
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| Purpose
|
33. Parliament, recognizing
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(a) that straddling stocks on the Grand
Banks of Newfoundland are a major renew
able world food source having provided a
livelihood for centuries to persons engaged
in fishing,
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(b) that those stocks are threatened with
extinction,
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(c) that there is an urgent need for all fishing
vessels to comply both in Canadian waters
and in the exclusive economic zone of
Canada and in the NAFO Regulatory Area
with sound conservation and management
measures for those stocks, notably those
measures that are taken under the Conven
tion on Future Multilateral Cooperation in
the Northwest Atlantic Fisheries, done at
Ottawa on October 24, 1978, Canada Treaty
Series 1979 No. 11, and
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(d) that some foreign fishing vessels contin
ue to fish for those stocks in the NAFO
Regulatory Area in a manner that under
mines the effectiveness of sound conserva
tion and management measures,
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declares that the purpose of section 34 is to en
able Canada to take urgent action necessary to
prevent further destruction of those stocks and
to permit their rebuilding, while continuing to
seek effective international solutions to the
situation referred to in paragraph (d).
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| NAFO
Regulatory
Area
|
34. No foreign fishing vessel of a prescribed
class shall, in the NAFO Regulatory Area, fish
for a straddling stock in contravention of any
of the prescribed conservation and manage
ment measures.
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| Fishing
vessels
without
nationality
|
35. No fishing vessel without nationality
shall fish for a prescribed species of fish on a
prescribed area of the high seas.
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| Provisioning
in Canadian
waters
|
36. (1) No fishing vessel shall provision a
foreign fishing vessel, other than a vessel that
is in distress, in Canadian waters or in the
exclusive economic zone of Canada, where
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(a) the foreign fishing vessel is not autho
rized to enter those waters; or
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|
(b) the foreign fishing vessel is engaged in
any of the activities referred to in subsec
tion 31(1) in those waters without being
authorized to do so.
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| Continental
shelf
|
(2) No Canadian fishing vessel shall provi
sion a foreign fishing vessel, other than a
vessel that is in distress, in the waters over the
continental shelf of Canada, where the foreign
fishing vessel is engaged in fishing referred to
in subsection 31(2) in those waters without a
licence or without being authorized to do so by
the regulations or any other law of Canada or
a treaty.
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| NAFO
Regulatory
Area
|
(3) No Canadian fishing vessel shall, in the
NAFO Regulatory Area, provision a foreign
fishing vessel, other than a vessel that is in
distress, unless the foreign fishing vessel is
flying a flag of a state that is set out in a list
established by the regulations.
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| Application of
criminal law
|
37. An act or omission that, if it occurred in
Canada, would be an offence under a federal
law, within the meaning of subsection 2(1) of
the Canadian Laws Offshore Application Act,
is deemed to have been committed in Canada
if it occurs, in the course of enforcing this Act,
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(a) in the NAFO Regulatory Area on board
or by means of a foreign fishing vessel, on
board or by means of which a contravention
of section 34, 35 or 36 has been committed;
or
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|
(b) in the course of continuing pursuit that
commenced while a foreign fishing vessel
was in Canadian waters, the exclusive
economic zone of Canada or the NAFO
Regulatory Area.
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| Exercising
powers of
arrest, entry,
etc.
|
38. (1) Every power of arrest, entry, search
or seizure or other power that could be
exercised in Canada with respect to an act or
omission referred to in section 37 may be
exercised, in the circumstances referred to in
that section,
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(a) on board the foreign fishing vessel; or
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|
|
(b) where pursuit has been commenced, on
any area of the sea, other than an area of the
sea that forms part of the territorial sea or
internal waters of another state.
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| Arrest, search,
seizure, etc.
|
(2) A justice or judge in any territorial
division in Canada has jurisdiction to autho
rize an arrest, entry, search or seizure or an
investigation or other ancillary matter related
to an act or omission referred to in section 37
in the same manner as if the act or omission
had been committed in that territorial divi
sion.
|
|
| Attorney
General of
Canada
|
(3) Where an act or omission that is an
offence by virtue only of section 37 is alleged
to have been committed on board or by means
of a vessel that is registered or licensed under
the laws of a state other than Canada, the
powers referred to in subsection (1) may not
be exercised outside Canada with respect to
that act or omission without the consent of the
Attorney General of Canada.
|
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| Territorial
division
|
(4) A proceeding in respect of
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|
|
(a) an offence consisting of a contravention
of section 34, 35 or 36, or
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|
|
(b) an act or omission referred to in section
37,
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|
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that is committed outside Canada may, wheth
er or not the accused is in Canada, be com
menced in any territorial division in Canada,
and the accused may be tried and punished for
that offence in the same manner as if the of
fence had been committed in that territorial di
vision.
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| Persons who
may be
required to
provide
information
|
39. (1) The following persons shall, in
accordance with the regulations, the licences
or leases held by them or any instructions of a
fishery officer or fishery guardian, keep the
information, records, books of account or
other documents described in subsection (2):
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(a) any person who engages in fishing;
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|
(b) any person who buys fish for the purpose
of resale;
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(c) any owner, operator or manager of an
enterprise that catches, cultures, processes,
lands or transports fish;
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|
(d) any person who provides services to
commercial or recreational fishers; and
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|
|
(e) any agent or employee of a person
referred to in any of paragraphs (a) to (d).
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| Information
that may be
required
|
(2) The information, records, books of
account or other documents referred to in
subsection (1) are information, records, books
of account or other documents relating to any
of the following matters:
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|
|
(a) the number, quantity, sex, size, weight,
species, product form, value or other partic
ulars of any fish caught, cultured, pro
cessed, landed, transported, sold or pur
chased;
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|
(b) the time and place at which any fish was
caught or landed and the person, enterprise
or fishing vessel by which the fish was
caught or landed;
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|
(c) the time and place at which any fish was
purchased and the person, enterprise or
fishing vessel from which the fish was
purchased;
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|
(d) the fishing vessels, gear and methods
used and the number of persons employed
for the purpose of fishing;
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|
(e) the buildings, equipment, products and
methods used and the number of persons
employed for the purpose of culturing or
processing fish; and
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|
|
(f) any other matter relating to the manage
ment and control of fisheries or to the
conservation and protection of fish.
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| Provision of
information,
etc.
|
(3) A person who is required by this section
to keep information, records, books of account
or other documents shall provide them within
the time and in the form and manner specified
by the fishery officer or fishery guardian, or
any authority designated by the officer or
guardian, or by the regulations, licence, lease
or instructions.
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|
|
| Exemption
|
40. The fishing restrictions imposed by this
Part and any regulations made under it do not
apply to persons who are carrying out their
duties or functions related to the administra
tion or enforcement of this Act or those
regulations.
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|
| Regulations
|
41. (1) The Governor in Council may make
regulations for carrying out the purposes and
provisions of this Part and in particular, but
without restricting the generality of the fore
going, may make regulations
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|
|
(a) for the proper management and control
of fisheries;
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|
(b) respecting the conservation and protec
tion of fish;
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|
(c) respecting the catching, loading, land
ing, handling, transporting, possession,
processing and disposal of fish;
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|
(d) respecting the operation of fishing
vessels;
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|
(e) respecting the use of fishing gear and
equipment;
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|
(f) respecting the marking, identification
and tracking of fishing vessels;
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|
(g) respecting the designation of persons as
observers or dockside monitors, their duties
and their carriage on board fishing vessels
or presence on docks, as the case may be;
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|
|
(h) prohibiting fishing or other related
activities without a licence and respecting
the issuance of licences;
|
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|
|
(i) where a closed time, fishing quota or
limit on the size or weight of fish has been
fixed in respect of an area, authorizing
persons engaged or employed in the admin
istration or enforcement of this Act to vary
the closed time, fishing quota or limit in
respect of that area or any portion of that
area;
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|
|
(j) respecting the entering into of fisheries
management agreements, including the
obtaining of any ratifications required for
those agreements;
|
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|
|
(k) respecting the export of fish from
Canada, the import of fish into Canada and
the bringing of fish from any province to
any other province;
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|
|
(l) respecting the harvesting of marine
plants in Canadian waters that are not
within a province;
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|
|
(m) prescribing the fees or the manner of
calculating fees that may be charged by Her
Majesty in right of Canada with respect to
the issuance of licences and the granting of
leases, including the variation or rescission
of, or addition to, conditions of a licence on
the application of the holder;
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|
|
(n) authorizing the destruction of fish by
any means other than fishing;
|
|
|
|
(o) authorizing foreign fishing vessels to
enter Canada or the exclusive economic
zone of Canada
|
|
|
|
(i) to engage in any activity referred to in
subsection 31(1), or
|
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|
|
(ii) for any purpose specified in the
regulations;
|
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|
|
(p) authorizing Canadian fishing vessels to
bring into Canadian waters or the exclusive
economic zone of Canada fish received
outside Canadian waters and the exclusive
economic zone of Canada from foreign
fishing vessels;
|
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|
|
(q) prescribing classes of foreign fishing
vessels and conservation and management
measures for the purposes of section 34;
|
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|
|
(r) prescribing species of fish and areas of
the high seas for the purposes of section 35;
|
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|
|
(s) establishing the list referred to in
subsection 36(3); and
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|
|
(t) prescribing any other thing that by this
Part is to be or may be prescribed.
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