Management of Contaminated Fisheries Regulations

SOR/90-351

Registration 14 June, 1990

FISHERIES ACT

Management of Contaminated Fisheries Regulations

P.C. 1990-1121 14 June, 1990

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to sections 8 and 43 of the Fisheries Act, is pleased hereby to revoke the Sanitary Control of Shellfish Fisheries Regulations, C.R.C., c. 832, and to make the annexed Regulations respecting the management of contaminated fisheries, in substitution therefor, effective October 1, 1990.

REGULATIONS RESPECTING THE MANAGEMENT OF CONTAMINATED FISHERIES

SHORT TITLE

1. These Regulations may be cited as the Management of Contaminated Fisheries Regulations.

INTERPRETATION

2. In these Regulations,

"contaminated", with respect to fish, means fish in or on which bacteria, toxins, chemical compounds or other substances are present to a degree that may constitute a danger to public health; (contaminé)

"Regional Director General" means the Director General of the Department of Fisheries and Oceans for the Pacific Region, the Central and Arctic Region, the Quebec Region, the Gulf Region, the Scotia-Fundy Region or the Newfoundland Region. (directeur général régional)

PROHIBITION ORDER

3. (1) Where a Regional Director General has reason to believe that fish of any species in any area are contaminated, the Regional Director General may issue an order prohibiting fishing in that area for that species.

(2) Notwithstanding any other regulations made under the Fisheries Act, where a Regional Director General issues an order under subsection (1) in respect of an area, no person shall, in that area, fish for or catch and retain any species of fish specified in the order unless

(a) the person is the holder of a licence issued under subsection 4(1) and is carrying that licence; or

(b) the person is named in a licence issued under subsection 4(1) and is carrying a copy of that licence.

LICENCE

4. (1) Subject to subsection (2), on application and payment by a person of the appropriate fee set out in the table to this subsection, the Minister may issue the person a licence authorizing the person and any other person named in the licence to fish in any area in respect of which an order is issued under subsection 3(1), for any species specified in that order.

TABLE

(2) Where a person wishes to obtain a licence to fish for food purposes, the person shall submit to the Minister a decontamination plan that satisfies the Minister that the fish will be decontaminated before being used for human consumption. SOR/94-652, s. 1.

5. No person who catches and retains

(a) fish under a licence to fish for the purpose of scientific investigation shall use the fish for any purpose other than scientific investigation;

(b) fish under a licence to fish for food purposes shall handle the fish except in accordance with the decontamination plan submitted under subsection 4(2) in connection with the licence; or

(c) fish under a licence to fish for the purpose of obtaining bait shall use the fish for any purpose other than bait. SOR/94-652, s. 2.