Hyperlaw

Provision

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to sections 8, 43*, 46 and subsection 87(2) of the Fisheries Act, is pleased hereby to revoke the British Columbia Fishery (General) Regulations, made by Order in Council P.C. 1984-966 of March 22, 1984**, the Pacific Coast Marine Plant Regulations, C.R.C., c. 822, the Pacific Commercial Salmon Fishery Regulations, C.R.C., c. 823, the Pacific Fishery Regulations, 1984, made by Order in Council P.C. 1984-1405 of April 20, 1984***, the Pacific Herring Fishery Regulations, made by Order in Council P.C. 1984-1320 of April 18, 1984****, the Pacific Shellfish Regulations, C.R.C., c. 826, and the Tuna Fishery Regulations, made by Order in Council P.C. 1984-2268 of June 28, 1984*****, and to make the annexed Regulations respecting fishing in the Pacific Ocean and the Province of British Columbia, 1993, in substitution therefor, effective February 24, 1993. S.C. 1991, c. 1, s. 12 SOR/84-248, 1984 Canada Gazette Part II, p. 1235 SOR/84-337, 1984 Canada Gazette Part II, p. 1868 SOR/84-324, 1984 Canada Gazette Part II, p. 1693 SOR/84-499, 1984 Canada Gazette Part II, p. 2915

s. 1

[Repealed]

s. 2

s. 2(1)

In these Regulations,

s. 2(1), definition “act”

Act means the Fisheries Act; (Loi)

s. 2(1), definition “area”

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

s. 2(1), definition “bait herring”

bait herring[Repealed, SOR/2022-196, s. 13]

s. 2(1), definition “band”

band[Repealed, SOR/93-334, s. 1]

s. 2(1), definition “barbless hook”

barbless hook[Repealed, SOR/99-296, s. 1]

s. 2(1), definition “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)

s. 2(1), definition “bottom trawl”

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

s. 2(1), definition “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)

s. 2(1), definition “department”

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

s. 2(1), definition “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)

s. 2(1), definition “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)

s. 2(1), definition “fish landing station”

fish landing station[Repealed, SOR/2022-196, s. 13]

s. 2(1), definition “fishwheel”

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

s. 2(1), definition “food herring”

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

s. 2(1), definition “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)

s. 2(1), definition “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)

s. 2(1), definition “hook and line”

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

s. 2(1), definition “indian food fishing”

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

s. 2(1), definition “inside salmon troll area”

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

s. 2(1), definition “licensed facility”

licensed facility means

s. 2(1), definition “licensed facility”, para (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

s. 2(1), definition “licensed facility”, para (b)

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

s. 2(1), definition “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)

s. 2(1), definition “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)

s. 2(1), definition “midwater trawl”

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

s. 2(1), definition “non tidal waters”

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

s. 2(1), definition “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)

s. 2(1), definition “outside salmon troll area”

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

s. 2(1), definition “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)

s. 2(1), definition “province”

Province means the Province of British Columbia; (province)

s. 2(1), definition “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)

s. 2(1), definition “regional director general”

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

s. 2(1), definition “registered”

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

s. 2(1), definition “ring net”

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

s. 2(1), definition “roe herring”

roe herring means

s. 2(1), definition “roe herring”, para (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

s. 2(1), definition “roe herring”, para (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)

s. 2(1), definition “salmon”

salmon includes steelhead trout; (saumon)

s. 2(1), definition “salmon area f”

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

s. 2(1), definition “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)

s. 2(1), definition “salmon area h”

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

s. 2(1), definition “seine”

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

s. 2(1), definition “shellfish”

shellfish means Mollusca, Echinodermata and Crustacea; (mollusques et crustacés)

s. 2(1), definition “subarea”

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

s. 2(1), definition “surfline”

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

s. 2(1), definition “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)

s. 2(1), definition “trap”

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

s. 2(1), definition “trap net”

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

s. 2(1), definition “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)

s. 2(1), definition “trip”

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

s. 2(1), definition “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)

s. 2(1), definition “validation tab”

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

s. 2(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.

s. 2(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.

s. 3

s. 3(1)

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

s. 3(1)(a)

fisheries in Canadian fisheries waters in the Pacific Ocean and the Province;

s. 3(1)(b)

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

s. 3(1)(c)

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

s. 3(2)

These Regulations do not apply in respect of

s. 3(2)(a)

sport fishing;

s. 3(2)(b)

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

s. 3(2)(c)

aquaculture or prescribed activities, as defined in the Pacific Aquaculture Regulations, in

s. 3(2)(c)(i)

the territorial sea of Canada off the coast of British Columbia,

s. 3(2)(c)(ii)

the internal waters of Canada off the coast of British Columbia that are not in that province,

s. 3(2)(c)(iii)

the internal waters of Canada in British Columbia, and

s. 3(2)(c)(iv)

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

s. 3(2)(d)

fishing for marine mammals.

s. 3(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.

s. 3(4) and (5)

[Repealed]

s. 4

For the purposes of these Regulations, where two or more nets are joined together, they shall be considered to be one net.

s. 5

No person shall bring into the Province any live fish of a species set out in Schedule VIII.

s. 6

No person shall

s. 6(a)

fish by snagging or with snares.

s. 6(b)

[Repealed]

s. 7

Subject to these Regulations, no person shall molest or injure fish.

s. 8

s. 8(1)

No person shall use torches or artificial lights to attract or repel fish unless they are fishing for shrimp with a trawl net or for squid.

s. 8(2)

No person shall use fishing gear that has a flashing light attached to it.

s. 9

No person shall, in tidal waters,

s. 9(a)

fish with more than one gill net at one time; or

s. 9(b)

except where fishing for herring, fish with a gill net that has any part of the corkline under the surface of the water.

s. 10

No person shall fish with a dip net

s. 10(a)

the area of the mouth of which exceeds 1 m 2; or

s. 10(b)

the depth of which is greater than 1.5 m.

s. 11

s. 11(1) and (2)

[Repealed]

s. 11(3)

[Repealed]

s. 12

[Repealed]

s. 13

s. 13(1)

Except as otherwise provided as a condition of a licence issued under these Regulations, no person shall fish with a gill net unless it is marked in accordance with this section.

s. 13(2)

A buoy floating on the surface of the water shall be attached to each end of every gill net that is not attached to a vessel.

s. 13(3)

Where a gill net is used in commercial fishing for salmon,

s. 13(3)(a)

the buoys referred to in subsection (2) shall be orange in colour and at least 125 cm in circumference; and

s. 13(3)(b)

the end of the gill net that is not attached to a vessel shall be marked with a lantern that gives a steady white light during the period beginning one hour after sunset and ending one hour before sunrise.

s. 13(4)

Where a gill net is used in commercial fishing for roe herring,

s. 13(4)(a)

the buoys referred to in subsection (2) shall be at least 125 cm in circumference; and

s. 13(4)(b)

all buoys that are attached to the gill net shall be of the same colour.

s. 13(4)(c)

[Repealed]

s. 14

Except as otherwise provided as a condition of a licence issued under these Regulations, no person shall fish with a longline unless it has attached to each end a buoy floating on the surface of the water.

s. 15

s. 15(1)

Subject to subsection (2) and except as otherwise provided as a condition of a licence issued under these Regulations, no person shall fish for commercial purposes with traps or ring nets unless a buoy floating on the surface of the water is attached to

s. 15(1)(a)

each end of every line of traps or ring nets; and

s. 15(1)(b)

each trap or ring net that is not part of a line of traps or ring nets.

s. 15(2)

Subsection (1) does not apply to a person who is fishing for shellfish in Subarea 29-3, 29-4, 29-6, 29-7, 29-9 or 29-10 during any period in which fishing for salmon with a net is authorized in that Subarea.

s. 16

The Minister may specify a licence condition referred to in subsection 13(1), section 14 or subsection 15(1) only if the purpose of the condition is to mitigate marine mammal entanglement.

s. 17

s. 17(1)

Subject to subsections (2) and 18(5), where salmon or roe herring has been caught by commercial fishing, no person shall off-load that salmon or roe herring at any place other than

s. 17(1)(a)

a licensed facility;

s. 17(1)(b)

a registered vessel; or

s. 17(1)(c)

a vehicle whose operator holds a licence that is issued under the British Columbia Fish and Seafood Act, SBC 2015, c. 14, as amended from time to time, and that authorizes the holder to receive commercially caught fish.

s. 17(2)

Subsection (1) does not apply to a person who catches salmon or roe herring and sells it directly to an individual in Canada for the purpose of consumption by that individual.

s. 17(3)

An operator of a vehicle referred to in paragraph (1)(c) shall not off-load any salmon or roe herring received from a registered vessel at any place other than a licensed facility.

s. 17(4)

The operator of a licensed facility at which salmon or roe herring is off-loaded shall

s. 17(4)(a)

provide information respecting each off-loading by completing the form supplied by the Minister for that purpose;

s. 17(4)(b)

mail a copy of the completed form within seven days after the date of the off-loading to the Statistics Unit of the Department of Fisheries and Oceans at 200-401 Burrard Street, Vancouver, British Columbia, V6C 3S4;

s. 17(4)(c)

keep a copy of the completed form for two years after the date of the off-loading; and

s. 17(4)(d)

provide a copy of the completed form to a representative of the Department when requested to do so.

s. 18

s. 18(1)

For the purposes of this section,

s. 18(1), definition “export zone”

export zone means any of the following zones:

s. 18(1), definition “export zone”, para (a)

the Central Zone, which comprises Areas 6 to 10, 106 to 110 and 130,

s. 18(1), definition “export zone”, para (b)

the North Zone, which comprises Areas 1 to 5, 101 to 105 and 142, and

s. 18(1), definition “export zone”, para (c)

the South Zone, which comprises Areas 11 to 29, 111 and 121 to 127; (zone d’exportation)

s. 18(1), definition “monthly allowable catch”

monthly allowable catch means the total weight of salmon from an export zone that may be caught and retained in a calendar month; (prises mensuelles admissibles)

s. 18(1), definition “total allowable catch”

total allowable catch means the total weight of salmon or roe herring, as the case may be, from an export zone that may be caught and retained in a calendar year. (total des prises admissibles)

s. 18(2)

The Regional Director-General may determine the monthly allowable catch for an export zone and shall give notice of the monthly allowable catch, prior to the commencement of any salmon fishery in any calendar month, to the owner or operator of each vessel in respect of which a licence has been issued under subsection (4).

s. 18(3)

The Regional Director-General may determine the total allowable catch for an export zone and shall give notice of the total allowable catch, prior to the commencement of any salmon or roe herring fishery in any calendar year, to the owner or operator of each vessel in respect of which a licence has been issued under subsection (4).

s. 18(4)

The Minister may issue, in respect of a vessel, a licence to off-load salmon or roe herring in the United States where

s. 18(4)(a)

a Category D licence has been issued in respect of that vessel;

s. 18(4)(b)

the vessel is suitably equipped to permit the weighing, counting and biological sampling of the salmon or roe herring that is taken on board the vessel; and

s. 18(4)(c)

the vessel has suitable accommodations for carrying representatives of the Department.

s. 18(5)

The operator of a vessel in respect of which a licence has been issued under subsection (4) may off-load salmon or roe herring from the vessel in the United States if the salmon or roe herring was taken on board the vessel while a representative of the Department was on board.

s. 18(6)

The Minister may specify in a licence issued under subsection (4) conditions respecting

s. 18(6)(a)

the export zone or zones in which salmon or roe herring may be taken on board for the purpose of off-loading in the United States; and

s. 18(6)(b)

the port or ports in each export zone at which representatives of the Department shall be embarked and disembarked.

s. 18(7)

No operator of a vessel in respect of which a licence has been issued under subsection (4) shall fail to comply with any condition set out in the licence.

s. 18(8)

No operator of a vessel in respect of which a licence has been issued under subsection (4) shall, during any calendar month, take on board salmon in an export zone for the purpose of off-loading in the United States after notification has been given to the operator by a representative of the Department that the total weight of salmon from that export zone taken on board vessels in that month for off-loading in the United States has reached 25 per cent of the monthly allowable catch for that export zone in the preceding calendar month, minus the weight of salmon exported from that export zone in the preceding calendar month under the authority of all licences issued under subsection (4), plus the greater of

s. 18(8)(a)

25 per cent of the monthly allowable catch for that export zone in the calender month in respect of which the calculation is being made, and

s. 18(8)(b)

the percentage, calculated for that calendar year pursuant to subsection (10), of the monthly allowable catch for that export zone in the calendar month in respect of which the calculation is being made.

s. 18(9)

No operator of a vessel in respect of which a licence has been issued under subsection (4) shall, during any calendar year, take on board roe herring in an export zone for the purpose of off-loading in the United States after notification has been given to the operator by a representative of the Department that the total weight of roe herring from that export zone taken on board vessels for off-loading in the United States has reached the greater of

s. 18(9)(a)

25 per cent of the total allowable catch for that export zone in that calendar year, and

s. 18(9)(b)

the percentage, calculated for that calendar year pursuant to subsection (10), of the total allowable catch for that export zone in that year.

s. 18(10)

For the purpose of subsections (8) and (9), the percentage for a calendar year is calculated using the following formula: 100X Y where X is the average annual total weight of salmon or roe herring, as the case may be, that was caught in United States fishery waters and exported by sea from the United States to Canada without having being processed or landed in the United States during the four calendar years immediately preceding that year; and Y is the aggregate of the total allowable catches of salmon or roe herring, as the case may be, for all export zones in that year.

s. 18(11)

A representative of the Department who is on board a vessel in respect of which a licence has been issued under subsection (4) while salmon or roe herring is being taken on board for export to the United States shall, prior to disembarking the vessel, seal all of the vessel’s fish holds.

s. 18(12)

No person other than a fishery officer shall tamper with or remove a seal that has been placed on a fish hold pursuant to subsection (11).

s. 18(13)

A licence issued under subsection (4) shall expire on December 31 of the year for which it was issued.

s. 19

s. 19(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.

s. 19(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.

s. 19(3)

If an Indian or the Northern Native Fishing Corporation is issued a Category A licence in respect of a vessel, the Indian or the Corporation must elect to pay either the applicable fee set out in subitem 3(1) of Part I of Schedule II or the applicable fee set out in subitem 3(2) of that Part.

s. 19(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.

s. 20

s. 20(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.

s. 20(2)

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

s. 20(2)(a)

the vessel registration certificate and all licences issued in respect of the vessel shall be returned to the Minister within seven days after the day on which the certificate becomes invalid; and

s. 20(2)(b)

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

s. 21

[Repealed]

s. 22

s. 22(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

s. 22(1)(a)

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

s. 22(1)(b)

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

s. 22(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.

s. 23

s. 23(1)

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

s. 23(1)(a)

the vessel is registered; and

s. 23(1)(b)

a Category P licence has been issued in respect of the vessel.

s. 23(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.

s. 24

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

s. 24(a)

is licensed to be used in commercial fishing; or

s. 24(b)

a Category D licence has been issued in respect of the vessel.

s. 25

A person who is 16 years of age or older shall not engage in commercial fishing or be on board a vessel that is being used in commercial fishing unless they hold a fisher’s registration card.

s. 26

s. 26(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.

s. 26(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.

s. 29

[Repealed]

s. 30

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.

s. 31

[Repealed]

s. 32

[Repealed]

s. 33

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

s. 33(a)

58 cm in length, measured from the tip of the nose to the tip of the tail; or

s. 33(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.

s. 34

s. 34(1)

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

s. 34(1)(a)

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

s. 34(1)(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.

s. 34(2)

[Repealed]

s. 35

s. 35(1)

No person shall fish for smelt with

s. 35(1)(a)

a gill net that

s. 35(1)(a)(i)

is more than 275 m in length,

s. 35(1)(a)(ii)

has a mesh size of less than 25 mm, or

s. 35(1)(a)(iii)

has a mesh size of more than 50 mm; or

s. 35(1)(b)

a seine that

s. 35(1)(b)(i)

is more than 90 m in length, or

s. 35(1)(b)(ii)

has a mesh size of less than 19 mm.

s. 35(2)

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

s. 35(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.

s. 36 and 37

[Repealed]

s. 38

[Repealed]

s. 39

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.

s. 40

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.

s. 41

s. 41(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.

s. 41(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.

s. 41(3)

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

s. 41(3)(a)

transfer herring from one vessel to another; or

s. 41(3)(b)

anchor any fishing vessel or any other vessel used to assist in herring fishing.

s. 42

[Repealed]

s. 43

[Repealed]

s. 44

s. 44(1)

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

s. 44(2) and (3)

[Repealed]

s. 45

s. 45(1)

Where a fishery officer has evidence of excessive mortality of herring in a herring enclosure, the fishery officer may direct the operator of the enclosure to release all herring contained therein and, where the operator of the enclosure cannot be readily located, may release the herring from the enclosure.

s. 45(2)

No person shall fail to comply with a direction given under subsection (1).

s. 45(3)

Where a fishery officer releases herring from a herring enclosure under subsection (1), the fishery officer shall, as soon as practicable, notify the operator of the enclosure of the release.

s. 46

[Repealed]

s. 47

No person shall transport herring spawn on kelp in any container that is not marked with the number of the licence under the authority of which the herring spawn on kelp was taken or collected.

s. 48

[Repealed]

s. 49

[Repealed]

s. 50

[Repealed]

s. 51

No person shall drive or attempt to drive salmon from one area of water to another.

s. 52

s. 52(1)

A fishery officer may designate a salmon fishing boundary by erecting or causing to be erected

s. 52(1)(a)

in respect of tidal waters, not more than one nautical mile from the mouth of a river, creek or stream, two orange- or yellow-coloured triangular signs, each side of which is at least 1.5 m in length and 12 cm in width; and

s. 52(1)(b)

in respect of non-tidal waters, orange-coloured triangular signs, each side of which is at least 50 cm in length.

s. 52(2)

No person shall fish for salmon

s. 52(2)(a)

in tidal waters within a circle, the diameter of which is the straight line between two orange-coloured signs erected under paragraph (1)(a);

s. 52(2)(b)

in tidal waters between the mouth of a river, creek or stream and the straight line between two yellow-coloured signs erected under paragraph (1)(a); or

s. 52(2)(c)

in any non-tidal waters other than waters bounded by orange-coloured signs erected under paragraph (1)(b).

s. 53

s. 53(1)

No person shall fish in any waters set out in column I of an item of Part I of Schedule VI for the species of salmon 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.

s. 53(2)

No person shall troll in any waters set out in column I of an item of Part II of Schedule VI for the species of salmon set out in column II of that item using the type of vessel set out in column III of that item during the close time set out in column IV of that item.

s. 54

s. 54(1)

Where a close time set out in Part I of Schedule VI is varied pursuant to section 6 of the Fishery (General) Regulations to permit salmon fishing by gill net, the notice referred to in section 7 of the Fishery (General) Regulations shall specify one of the gill net mesh sizes set out in column I, one of the maximum gill net depth limits set out in column II, one of the maximum gill net hang ratios set out in column III, one of the minimum corkline to web distances set out in column V and one of the maximum corkline to web distances set out in column VI of the table to this section.

s. 54(2)

Where a close time has been varied to permit salmon fishing with a gill net in accordance with subsection (1), no person shall fish for salmon with a gill net that has

s. 54(2)(a)

any meshes that are not contiguous and uniform in size;

s. 54(2)(b)

a mesh size other than that specified in the notice;

s. 54(2)(c)

a depth greater than the maximum depth specified in the notice;

s. 54(2)(d)

webbing with a total length, when compared to the length of the corkline to which it is hung, in a ratio greater than the maximum hang ratio specified in the notice; or

s. 54(2)(e)

a corkline to web distance less than the minimum corkline to web distance or greater than the maximum corkline to web distance specified in the notice.

s. 54(3)

Where a close time set out in an item of Part I of Schedule VI is varied pursuant to section 6 of the Fishery (General) Regulations to permit salmon fishing with a purse seine, the notice referred to in section 7 of the Fishery (General) Regulations shall specify one of the minimum purse seine bunt mesh sizes set out in column IV of the table to this section.

s. 54(4)

Where a close time has been varied to permit salmon fishing with a purse seine in accordance with subsection (3), no person shall fish for salmon with a purse seine that has, in the final 18 m of the bunt, a mesh size that is less than the minimum bunt mesh size specified in the notice. TABLE Column I Column II Column III Column IV Column V Column VI Gill Net Mesh Sizes Maximum Gill Net Depth Limits Maximum Gill Net Hang Ratios Minimum Purse Seine Bunt Mesh Sizes Minimum Corkline to Web Distances Maximum Corkline to Web Distances Not exceeding 114 mm 60 meshes 1:1 100 mm 0 cm 0 cm Not exceeding 121 mm 90 meshes 1.5:1 70 mm 45 cm 45 cm Not exceeding 124 mm 2:1 76 cm 76 cm Not exceeding 127 mm 2.5:1 1.0 m 1.0 m Not exceeding 133 mm 3:1 1.2 m 1.2 m Not exceeding 137 mm 1.5 m 1.5 m Not exceeding 140 mm 2.0 m 2.0 m Not exceeding 150 mm Not exceeding 165 mm Not exceeding 188 mm Not exceeding 216 mm Not less than 100 mm Not less than 149 mm Not less than 158 mm Not less than 171 mm Not less than 203 mm Not less than 216 mm

s. 55

s. 55(1)

No person who is trolling for salmon shall catch and retain a coho salmon that is less than

s. 55(1)(a)

30 cm in length, measured from the tip of the nose to the fork of the tail; or

s. 55(1)(b)

where the head has been removed, 26 cm in length, measured along the shortest length of the body to the fork of the tail.

s. 55(2)

No person who is trolling for salmon shall

s. 55(2)(a)

in any area seaward of the surfline or in any of Areas 1 to 12 or 19 to 27, catch and retain a chinook salmon that is less than

s. 55(2)(a)(i)

67 cm in length, measured from the tip of the nose to the fork of the tail, or

s. 55(2)(a)(ii)

where the head has been removed, 56 cm in length, measured along the shortest length of the body to the fork of the tail; or

s. 55(2)(b)

in any of Areas 13 to 18, 28 or 29, catch and retain a chinook salmon that is less than

s. 55(2)(b)(i)

62 cm in length, measured from the tip of the nose to the fork of the tail, or

s. 55(2)(b)(ii)

where the head has been removed, 51 cm in length, measured along the shortest length of the body to the fork of the tail.

s. 56

s. 56(1)

[Repealed]

s. 56(2)

[Repealed]

s. 56(3) and (4)

[Repealed]

s. 56(5)

No person shall, while trolling in an area in which trolling for a species of salmon is prohibited, have on board a vessel any salmon of that species.

s. 57

s. 57(1)

No person shall fish for salmon in the waters set out in column I of the table to this section during the close time set out in column II from a vessel where the aggregate length of gill net on the drum or drums of the vessel and in the water is greater than the net length set out in column III. TABLE Item Column I Column II Column III Waters Close Time Net Length 1 Stikine River All Year 135 m 2 Subarea 23-1 3 Area 22 4 Area 20 All Year 550 m 5 Any waters not referred to in items 1 to 4 All Year 375 m

s. 57(2)

No person who is fishing for salmon shall

s. 57(2)(a)

set a gill net in the water and leave it unattended; or

s. 57(2)(b)

use an anchored gill net in any waters except those of Subarea 10-11 or the Taku or Stikine Rivers.

s. 57(3)

[Repealed]

s. 57(4)

[Repealed]

s. 58

[Repealed]

s. 59

[Repealed]

s. 60

s. 60(1)

For the purposes of this section,

s. 60(1), definition “depth”

depth, in respect of a purse seine, means the sum total of the mesh sizes of all meshes in a perpendicular row of meshes from the corkline to the lead line; (chute)

s. 60(1), definition “length”

length, in respect of a purse seine, means the aggregate total length of the seine corkline and any lead attached to it and includes any part of the seine corkline on the net drum of the vessel from which it is being used. (longueur)

s. 60(2)

No person shall fish for salmon with a purse seine that

s. 60(2)(a)

has a mesh size of less than 70 mm;

s. 60(2)(b)

is less than 270 m in length; or

s. 60(2)(c)

is less than 20 m in depth.

s. 60(3)

No person shall fish for salmon in any Area other than Area 20 with a purse seine that is more than

s. 60(3)(a)

400 m in length; or

s. 60(3)(b)

52 m in depth.

s. 60(4)

No person shall fish for salmon in Area 20 with a purse seine that is more than

s. 60(4)(a)

550 m in length; or

s. 60(4)(b)

80 m in depth.

s. 61

[Repealed]

s. 62

For the purposes of this Part, width, in respect of a shellfish, means the maximum distance, measured in a straight line, through the greatest breadth of the shell of the shellfish.

s. 63

No person shall fish for a species of shellfish set out in column I of an item of Schedule VII in the waters set out in column II of that item using a method set out in column III of that item during the close time set out in column IV of that item.

s. 64

[Repealed]

s. 65

s. 65(1)

No person shall take

s. 65(1)(a)

a razor clam that is less than 90 mm in width;

s. 65(1)(b)

a butter clam that is less than 63 mm in width; or

s. 65(1)(c)

a Manila or littleneck clam that is less than 38 mm in width.

s. 65(2) and (3)

[Repealed]

s. 66

s. 66(1)

No person shall catch and retain

s. 66(1)(a)

a Dungeness crab that is less than 165 mm in width; or

s. 66(1)(b)

a red rock crab that is less than 115 mm in width.

s. 66(2) and (3)

[Repealed]

s. 67 to 69

[Repealed]

s. 70

s. 70(1)

No person shall catch and retain a red sea urchin that is less than 100 mm in width.

s. 70(2)

No person shall catch and retain a green sea urchin that is less than 55 mm in width.

s. 71

s. 71(1)

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.

s. 71(2)

Every person to whom a licence is issued under section 45 of the Act shall

s. 71(2)(a)

maintain an accurate record showing the area where harvesting is carried out and the quantity of each species of marine plants harvested in that area; and

s. 71(2)(b)

not later than the tenth day of every month during the term of the licence, and following the termination of the licence, make a written return to the Minister showing the quantity of each species of marine plants harvested under the authority of the licence during the previous month.

s. 72

For the purposes of this Part,

s. 72, definition “automated hook stripper”

automated hook stripper, commonly called a crucifier, means a device through which the groundline of a longline can be passed during gear retrieval, allowing the groundline and hooks to pass freely while removing the fish; (dégorgeoir automatique)

s. 72, definition “commission”

Commission means the International Pacific Halibut Commission established under the Convention between Canada and the United States of America for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa on March 2, 1953, and the Protocol amending that Convention, signed at Washington D.C. on March 29, 1979. (Commission)

s. 73

[Repealed]

s. 74

s. 74(1)

No person shall fish for or catch and retain halibut in any Subarea during the close time from 12:00 h October 31 to 12:00 h March 1.

s. 74(2)

No person fishing in any Subarea during the close time set out in subsection (1) shall possess halibut.

s. 75

No person shall catch and retain any halibut that is less than

s. 75(a)

81.3 cm in length, measured in a straight line from the tip of the lower jaw with the mouth closed and passing over the pectoral fin to the extreme end of the middle of the tail; or

s. 75(b)

where the head has been removed, 61 cm in length, measured in a straight line from the base of the pectoral fin at its most anterior point to the extreme end of the middle of the tail.

s. 76

s. 76(1)

No person shall fish for or catch and retain halibut with any gear other than hook and line or trap.

s. 76(2)

No person shall possess halibut on board a vessel that is being used to fish with or is carrying a trawl net.

s. 76(3)

No person shall fish for halibut from a vessel that is equipped with or has on board an automated hook stripper.

s. 76(4)

No person shall possess halibut on a vessel that is equipped with or has on board an automated hook stripper.

s. 77

Notwithstanding anything in these Regulations or the Fishery (General) Regulations, where a person at any time catches a halibut that bears a tag affixed by the Commission, the person may retain the halibut, if at the time of the landing of the halibut the person reports the landing to a fishery officer or a representative of the Commission and makes the halibut, with the tag still affixed, available for examination by a fishery officer or a representative of the Commission.

Schedule

PART I Fish Other than Shellfish Item Column I Column II Common Name Scientific Name 1 Anchovy Engraulis mordax mordax 2 Cod 3 Eulachon Thaleichthys pacificus 4 Greenling Hexagrammidae other than Ophiodon elgonatus 5 Grenadier Macrouridae 6 Halibut Hippoglossus stenolepis 7 Herring Clupea harengus pallasi 8 Lingcod Ophiodon elongatus 9 Pacific lamprey Lampetra tridentata 10 Pomfret Brama japonica 11 Ratfish Hydrolagus colliei 12 Rockfish Scorpaenidae 13 Sablefish Anoplopoma fimbria 14 Salmon 15 Sculpin Cottidae 16 Sharks other than spiny dogfish Pleurotremata other than Squalus suckleyi 17 Silverside Atherinidae 18 Skate Rajidae 19 Smelt Osmeridae other than Thaleichthys pacificus 20 Sole and Flounder Pleuronectiformes other than Hippoglossus stenolepis 21 Spiny dogfish Squalus suckleyi 22 Sturgeon Acipenseridae 23 Surfperch Embiotocidae 24 Tuna PART II Shellfish Item Column I Column II Common Name Scientific Name 1 Abalone Haliotis kamtschatkana 2 Clam 3 Copepod Copepoda 4 Crab 5 Crayfish Pacifastacus strowbridgii 6 Euphausiid Euphausiacea 7 Goose barnacle Pollicipes 8 Mussel 9 Octopus Octopus dofleini 10 Scallop 11 Sea cucumber Parastichopus californicus 12 Sea urchin 13 Shrimp 14 Squid

SCHEDULE I

Common and Scientific Names

Schedule

PART I Fees for Registrations and Licences Item Column I Column II Registration or Licence Fee ($) 1 Fisher’s Registration Card 60.00 250.00 20.00 2 Vessel Registration Certificate 50.00 3 Commercial Fishing Licences - annual 430.00 710.00 3,880.00 380.00 650.00 2,670.00 380.00 650.00 2,670.00 20.00 200.00 30.00 30.00 200.00$252.00 multiplied by the number of tonnes of geoduck authorized to be taken under the licence, minus 40% of that product where the product is less than $2,500.00, or minus $1,000.00 where the product is $2,500.00 or more. 200.00 3,980.00 100.00 1,990.00 1,517.00 multiplied by the number of tonnes of herring spawn on kelp authorized to be taken under the licence, minus 40% of that product where the product is less than 2,500.00, or minus 1,000.00 where the product is 2,500.00 or more.$241.00 multiplied by the number of tonnes of sablefish authorized to be taken under the licence, minus 40% of that product where the product is less than $2,500.00, or minus $1,000.00 where the product is $2,500.00 or more.$310.00 multiplied by the number of tonnes of halibut authorized to be taken under the licence, minus 40% of that product where the product is less than $2,500.00, or minus $1,000.00 where the product is $2,500.00 or more. 30.00 590.00 100.00 500.00 plus 15.00 per tonne of rockfish, 16.00 per tonne of lingcod, 16.00 per tonne of sole, 4.00 per tonne of Pacific hake and 7.50 per tonne of walleye pollock authorized to be taken under the licence 320.00 430.00 530.00 100.00 100.00 100.00 30.00 30.00 30.00 per fishery 4 Excess Salmon to Spawning Requirement Licence Free 5 Marine Plant Licence 50.00 Free 6 Replacement Free 10.00 PART II Category “C” Licence — Species and Gear Item Column I Column II Species Gear 1 Spiny dogfish Hook and line 2 Skate Hook and line 3 Sole and Flounder Hook and line 4 Lingcod Hook and line 5 Pacific cod Hook and line 6 Tuna Hook and line, purse seine or gill net 7 Sturgeon Trolling gear 8 Smelt Gill net 9[Repealed, SOR/98-237, s. 2]

SCHEDULE II

Registrations and Licences

Schedule

Close Times Except for Halibut, Herring, Salmon and Shellfish Item Column I Column II Column III Column IV Species Waters Type of Fishing Gear Close Time 1 Anchovy Any Subarea Seine Jan. 1 to Dec. 31 2 Cod Any Subarea Any Subarea Any Subarea Any Subarea 3 Eulachon Any Subarea 4 Greenling Any Subarea 5 Grenadier Any Subarea 6 Lingcod Any Subarea 7 Pacific lamprey Any Subarea 8 Pomfret Any Subarea Hook and line Jan. 1 to Dec. 31 9 Ratfish Any Subarea 10 Rockfish Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea 11 Sablefish Any Subarea 12 Sculpin Any Subarea 13 Shark, other than spiny dogfish Any Subarea 14 Skate Any Subarea 15 Smelt Areas 28 and 29 16 Smelt Any Subarea not referred to in item 15 17 Sole and flounder Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea 18 Spiny dogfish Any Subarea 19 Sturgeon Any Subarea 20 Surfperch Any Subarea 21 Tuna 22 Any species other than halibut, herring, salmon, shellfish and the species referred to in items 1 to 21 Any Subarea

SCHEDULE III

Schedule

[Repealed]

SCHEDULE IV

Schedule

Herring Close Times Item Column I Column II Column III Column IV Licence Waters Type of Fishing Gear Close Time 1 Category H Subarea 6-1 2 Category H Subarea 6-2 3 Category H Subarea 8-13 4 Category H Subarea 8-14 5 Category H Subarea 8-15 6 Category H Any Subarea not set out in items 1 to 5 7 Category J Subarea 6-1 Purse seine Jan. 1 to Dec. 31 8 Category J Subarea 6-2 Purse seine Jan. 1 to Dec. 31 9 Category J Subarea 8-13 Purse seine Jan. 1 to Dec. 31 10 Category J Subarea 8-14 Purse seine Jan. 1 to Dec. 31 11 Category J Subarea 8-15 Purse seine Jan. 1 to Dec. 31 12 Category J Any Subarea not set out in items 7 to 11 Purse seine Jan. 1 to Dec. 31 13 Category Z Any Subarea

SCHEDULE V

Schedule

PART I Nets and Fishwheels Item Column I Column II Column III Column IV Waters Species Type of Fishing Gear Close Time 1 2 3 4 5 6 7 Taku River 8 The waters of the Stikine River from the International Boundary to the confluence of the Stikine and Tahltan Rivers, including that portion of the Iskut River from its confluence with the Stikine River to fishing boundary signs 1.5 km upstream from the water survey station but excluding any other tributaries of the Stikine River or the Iskut River 9 Any waters not referred to in items 1 to 8 All salmon Any gear Jan. 1 to Dec. 31 PART II Trolling Item Column I Column II Column III Column IV Waters Species Type of Vessel Close Time 1 2 3 4 5 6

SCHEDULE VI

Salmon Close Times

Schedule

Shellfish Close Times Item Column I Column II Column III Column IV Species Waters Method Close Time 1 Abalone Any Subarea Diving Jan. 1 to Dec. 31 2 Clam 3 Copepod Any Subarea Plankton trawl net Jan. 1 to Dec. 31 4 Crab Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea 5 Crayfish Any Subarea Trap Jan. 1 to Dec. 31 6 Euphausiid Any Subarea Plankton trawl net Jan. 1 to Dec. 31 7 Goose barnacle Any Subarea Hand picking Jan. 1 to Dec. 31 8 Mussel 9 Octopus Any Subarea 10 Scallop Any Subarea Any Subarea Any Subarea 11 Sea cucumber Any Subarea Diving Jan. 1 to Dec. 31 12 Sea urchin 13 Shrimp Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea Any Subarea 14 Squid Any Subarea Any Subarea Any Subarea Any Subarea 15 Any other species of shellfish not referred to in items 1 to 14 Any Subarea

SCHEDULE VII

Schedule

Prohibited Import Live Fish Item Column I Column II Common Name of Species Scientific Name of Species 1 Bass, Blue Gill sunfish Acantharchus, Ambloplites, Centrarchus, Enneacanthus, Lepomis, Micropterus, Morone, Perca, Percina, Pomoxis and Stizostedium 2 Blackfish (Sacramento) Orthodon 3 Bowfin Amia calva 4 Buffalo fish Ictiobus 5 Carp Catla, Cirrhina, Ctenopharyngodon, Cyprinus, Hypothal michthys, Labeo and Mylopharyngodon 6 Catfish Clarias, Ictalurus and Noturus 7 Drum (Sheepshead) Aplodinotus 8 Eel Anguilla 9 Minnow (Fathead) Pimephales 10 Gars Lepisosteus 11 Lamprey Ichthyomyzan, Lampetra and Petromyzon 12 Pike Esox 13 Quillback and Carpsucker Carpiodes 14 Roach Leuciscus 15 Rudd Scardinius 16 Shad and Alewife Alosa and Dorosoma 17 Stickleback Apeltes, Culaea (Eucalia), Gasteroteus steus and Pungitius 18 Sucker Catostomus, Cycleptus, Erimyzon, Hypenelium, Minytrema and Moxostoma 19 Tilapia Tilapia 20 Moon snail Polinices 21 Oyster crab Pinnotheres 22 Oyster drill Thais, Ocenebra and Urosalpinx 23 Rock lobster Jasus

SCHEDULE VIII