F-14

An Act respecting fisheries

1. This Act may be cited as the Fisheries Act.

R.S., c. F-14, s. 1.

2. In this Act,

“Canadian fisheries waters” means all waters in the fishing zones of Canada, all waters in the territorial sea of Canada and all internal waters of Canada;

“close time” means a specified period during which fish to which it applies may not be fished, and "closed time" or "closed season" has a similar meaning;

“fish” includes

(a) parts of fish,

(b) shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and

(c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals;

“fishery” includes the area, locality, place or station in or on which a pound, seine, net, weir or other fishing appliance is used, set, placed or located, and the area, tract or stretch of water in or from which fish may be taken by the said pound, seine, net, weir or other fishing appliance, and also the pound, seine, net, weir, or other fishing appliance used in connection therewith;

“fishery guardian” means a person who is designated as a fishery guardian pursuant to subsection 5(1);

“fishery officer” means a person who is designated as a fishery officer pursuant to subsection 5(1);

“fishing” means fishing for, catching or attempting to catch fish by any method;

“fishing vessel” means any vessel used, outfitted or designed for the purpose of catching, processing or transporting fish;

“inspector” means a person who is designated as an inspector pursuant to subsection 38(1);

“lawful excuse”[Repealed, 1991, c. 1, s. 1]

“Minister” means the Minister of Fisheries and Oceans or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act, the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act;

“obstruction” means any slide, dam or other obstruction impeding the free passage of fish;

“vehicle” means any conveyance that may be used for transportation, including aircraft.

R.S., 1985, c. F-14, s. 2; R.S., 1985, c. 35 (1st Supp.), ss. 1, 5; 1991, c. 1, s. 1.

2.1 [Repealed, R.S., 1985, c. 35 (1st Supp.), s. 6]

3. (1) Nothing in this Act shall be taken to authorize the granting of fishery leases that confer an exclusive right to fish in property belonging to a province.

(2) This Act is binding on Her Majesty in right of Canada or a province.

R.S., c. F-14, s. 3; R.S., c. 17(1st Supp.), s. 9.

4. Nothing in this Act precludes the granting by the Minister of written permission to obtain fish for purposes of stocking or artificial breeding or for scientific purposes.

R.S., c. F-14, s. 4.

5. (1) The Minister may designate any persons or classes of persons as fishery officers or fishery guardians for the purposes of this Act and may limit in any manner the Minister considers appropriate the powers that a fishery officer or fishery guardian may exercise under this Act or any other Act of Parliament.

(2) Each fishery officer and fishery guardian shall be provided with a certificate in a form the Minister considers appropriate certifying their designation as such and, where the powers of a fishery officer or fishery guardian are limited pursuant to subsection (1), specifying the powers that the officer or guardian may exercise under this Act or any other Act of Parliament.

(3) On entering any place under this Act or any other Act of Parliament, a fishery officer or fishery guardian shall, on request, show the certificate of designation to the person in charge of the place.

(4) The powers and protections that a fishery officer or fishery guardian has under this or any other Act of Parliament, including the powers and protections of a peace officer under the Criminal Code, apply to a fishery officer or fishery guardian enforcing Nisga’a laws made under the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act.

R.S., 1985, c. F-14, s. 5; 1991, c. 1, s. 2; 2000, c. 7, s. 22.

6. [Repealed, 1991, c. 1, s. 2]

7. (1) Subject to subsection (2), the Minister may, in his absolute discretion, wherever the exclusive right of fishing does not already exist by law, issue or authorize to be issued leases and licences for fisheries or fishing, wherever situated or carried on.

(2) Except as otherwise provided in this Act, leases or licences for any term exceeding nine years shall be issued only under the authority of the Governor in Council.

R.S., c. F-14, s. 7.

8. Except where licence fees are prescribed in this Act, the Governor in Council may prescribe the fees that are to be charged for fishery or fishing licences.

R.S., c. F-14, s. 8.

9. The Minister may suspend or cancel any lease or licence issued under the authority of this Act, if

(a) the Minister has ascertained that the operations under the lease or licence were not conducted in conformity with its provisions; and

(b) no proceedings under this Act have been commenced with respect to the operations under the lease or licence.

R.S., 1985, c. F-14, s. 9; R.S., 1985, c. 31 (1st Supp.), s. 95.

10. to 16. [Repealed, 1991, c. 1, s. 3]

17. [Repealed, 1991, c. 1, s. 4]

18. (1) No one shall maintain a pound or enclosure in which lobsters, legally caught during the open season, are retained for sale during the close season at a place where the pound or enclosure is located, or for export therefrom, except under a licence from the Minister, and no lobsters shall be taken from any such pound or enclosure and disposed of during the close season at the place where it is located, except under a certificate from a fishery officer or fishery guardian, setting out the pound or enclosure from which the lobsters were taken and that they had been legally caught during the open season.

(2) Each pound or enclosure referred to in subsection (1) shall be marked with the name of the licensee and the number of his licence, and the marking shall be in black on a white ground, with letters and figures that are at least six inches in height.

(3) The annual fee for a licence referred to in subsection (1) shall be seventy-five dollars.

R.S., c. F-14, s. 18.

19. [Repealed, 1991, c. 1, s. 5]

20. (1) Every obstruction across or in any stream where the Minister determines it to be necessary for the public interest that a fish-pass should exist shall be provided by the owner or occupier with a durable and efficient fish-way or canal around the obstruction, which shall be maintained in a good and effective condition by the owner or occupier, in such place and of such form and capacity as will in the opinion of the Minister satisfactorily permit the free passage of fish through it.

(2) Where it is determined by the Minister in any case that the provision of an efficient fish-way or canal around the obstruction is not feasible, or that the spawning areas above the obstruction are destroyed, the Minister may require the owner or occupier of the obstruction to pay to him from time to time such sum or sums of money as he may require to construct, operate and maintain such complete fish hatchery establishment as will in his opinion meet the requirements for maintaining the annual return of migratory fish.

(3) The place, form and capacity of the fish-way or canal to be provided pursuant to subsection (1) must be approved by the Minister before construction thereof is begun and, immediately after the fish-way is completed and in operation, the owner or occupier of any obstruction shall make such changes and adjustments at his own cost as will in the opinion of the Minister be necessary for its efficient operation under actual working conditions.

(4) The owner or occupier of every fish-way or canal shall keep it open and unobstructed and shall keep it supplied with such sufficient quantity of water as the Minister considers necessary to enable the fish frequenting the waters in which the fish-way or canal is placed to pass through it during such times as are specified by any fishery officer, and, where leaks in a dam cause a fish-way therein to be inefficient, the Minister may require the owner or occupier of the dam to prevent the leaks therein.

R.S., c. F-14, s. 20.

21. (1) The Minister may authorize the payment of one-half of the expense incurred by an owner or occupier in constructing and maintaining any fish-way or canal and, after a fish-way or canal that has been duly approved by the Minister has been built at the cost of the owner or occupier of any obstruction, or after the owner or occupier has paid one-half the cost thereof and the fish-way or canal thereafter proves to be ineffective, the total cost of any change in the fish-way or canal or any new fish-way or canal required to enable the fish to pass by the obstruction shall, except as provided in subsection 20(3), be paid by Her Majesty.

(2) The Minister, in order to procure the construction of any fish-way or canal, pending proceedings against any owner or occupier for the punishment imposed by this Act, may make and complete the construction forthwith, and may authorize any person to enter on the premises with the necessary workmen, means and materials for that purpose and may recover from the owner or occupier the whole expense so incurred by action in the name of Her Majesty.

(3) Where an unused obstruction or a thing detrimental to fish exists and the owner or occupier thereof does not after notice given by the Minister remove it, or if the owner is not resident in Canada, or his exact place of residence is unknown to the Minister, the Minister may, without being liable to damages, or in any way to indemnify the owner or occupier, cause the obstruction or thing detrimental to fish to be removed or destroyed and, where notice has been given to the owner or occupier, may recover from the owner or occupier the expense of the removal or destruction.

(4) The Minister may require the owner or occupier of any obstruction to install and maintain such fish stops or diverters, both above and below the obstruction, as will in his opinion be adequate to prevent the destruction of fish or to assist in providing for their ascent.

R.S., c. F-14, s. 20.

22. (1) At every obstruction, where the Minister determines it to be necessary, the owner or occupier thereof shall, when required by the Minister, provide a sufficient flow of water over the spill-way or crest, with connecting sluices into the river below, to permit the safe and unimpeded descent of fish.

(2) The owner or occupier of any obstruction shall make such provision as the Minister determines to be necessary for the free passage of both ascending and descending migratory fish during the period of construction thereof.

(3) The owner or occupier of any obstruction shall permit the escape into the river-bed below the obstruction of such quantity of water, at all times, as will, in the opinion of the Minister, be sufficient for the safety of fish and for the flooding of the spawning grounds to such depth as will, in the opinion of the Minister, be necessary for the safety of the ova deposited thereon.

R.S., c. F-14, s. 20.

23. No one shall fish for, take, catch or kill fish in any water, along any beach or within any fishery described in any lease or licence, or place, use, draw or set therein any fishing gear or apparatus, except by permission of the occupant under the lease or licence for the time being, or shall disturb or injure any such fishery.

R.S., c. F-14, s. 21.

24. Seines, nets or other fishing apparatus shall not be set or used in such manner or in such place as to obstruct the navigation of boats and vessels and no boats or vessels shall destroy or wantonly injure in any way seines, nets or other fishing apparatus lawfully set.

R.S., c. F-14, s. 22.

25. (1) Subject to the regulations, no person shall place or set any fishing gear or apparatus in any water, along any beach or within any fishery during a close time.

(2) Subject to the regulations and subsection (3), any person who places or sets any fishing gear or apparatus in any water, along any beach or within any fishery shall remove it when the gear or apparatus is not being tended and prior to the commencement of a close time.

(3) A fishery officer may permit fishing gear or apparatus to remain in the water, along a beach or within a fishery after the commencement of a close time for any period the fishery officer considers necessary to permit the removal of the gear or apparatus.

R.S., 1985, c. F-14, s. 25; 1991, c. 1, s. 6.

26. (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 always left open, and no kind of net or other fishing apparatus, logs or any material of any kind shall be used or placed therein.

(2) [Repealed, 1991, c. 1, s. 7]

(3) The Minister may authorize the placing and maintaining of barriers, screens or other obstructions in streams to prevent the escape of fish held for fish breeding purposes or any other purpose that the Minister deems in the public interest, and no person shall injure any such barrier, screen or other obstruction.

R.S., 1985, c. F-14, s. 26; 1991, c. 1, s. 7.

27. No one shall

(a) damage or obstruct any fish-way or canal built, constructed or used to enable fish to pass over or around any obstruction;

(b) do anything to stop, impede or hinder fish from entering or passing the fish-way or canal or to stop, impede or hinder fish from surmounting any obstacle or leap; or

(c) fish in any manner within twenty-five yards downstream from the lower entrance to any fish-way, canal, obstacle or leap.

R.S., c. F-14, s. 25.

28. No one shall hunt or kill fish or marine animals of any kind, other than porpoises, whales, walruses, sea-lions and hair seals, by means of rockets, explosive materials, explosive projectiles or shells.

R.S., c. F-14, s. 26.

29. (1) No one shall erect, use or maintain in any of the Canadian fisheries waters, whether subject to any exclusive right of fishery or not, any net, weir or other device that unduly obstructs the passage of fish.

(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.

R.S., c. F-14, s. 27.

30. (1) Every water intake, ditch, channel or canal in Canada constructed or adapted for conducting water from any Canadian fisheries waters for irrigating, manufacturing, power generation, domestic or other purposes shall, if the Minister deems it necessary in the public interest, be provided at its entrance or intake with a fish guard or a screen, covering or netting so fixed as to prevent the passage of fish from any Canadian fisheries waters into the water intake, ditch, channel or canal.

(2) The fish guard, screen, covering or netting referred to in subsection (1) shall

(a) have meshes or holes of such dimensions as the Minister may prescribe; and

(b) be built and maintained by the owner or occupier of the water intake, ditch, channel or canal referred to in subsection (1), subject to the approval of the Minister or of such officer as the Minister may appoint to examine it.

(3) The owner or occupier of the water intake, ditch, channel or canal referred to in subsection (1) shall maintain the fish guard, screen, covering or netting referred to in that subsection in a good and efficient state of repair and shall not permit its removal except for renewal or repair.

(4) During the time in which a renewal or repair referred to in subsection (1) is being effected, the sluice or gate at the intake or entrance of the water intake, ditch, channel or canal shall be closed in order to prevent the passage of fish into the water intake, ditch, channel or canal.

R.S., c. F-14, s. 28; 1976-77, c. 35, s. 4.

31. (1) No one shall catch, fish for, take, buy, sell, possess or export any fish for the purposes of converting it into fish meal, manure, guano or fertilizer, or for the manufacture or conversion of the fish into oil, fish meal or manure or other fertilizing product, except under authority of the Minister.

(2) The Minister may, by notice published in the Canada Gazette, except any kind or kinds of fish from the operation of all or any part of subsection (1).

R.S., c. F-14, s. 29.

32. No person shall destroy fish by any means other than fishing except as authorized by the Minister or under regulations made by the Governor in Council under this Act.

R.S., c. F-14, s. 30; 1976-77, c. 35, s. 5.

33. No person shall purchase, sell or possess any fish that has been caught in contravention of this Act or the regulations.

R.S., 1985, c. F-14, s. 33; 1991, c. 1, s. 8.

33.1 (1) In this section, “fishing plan” means a Nisga’a annual fishing plan, as defined in the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act, that is approved, or varied and approved, by the Minister in accordance with that Agreement.

(2) Where a fishing plan stipulates that this subsection applies to certain of its provisions relating to persons engaged in harvesting, sale or related activities, no person shall contravene any of those provisions.

(3) No proceedings may be commenced in respect of an offence for the contravention of subsection (2)

(a) except in accordance with an agreement, made under paragraph 93 of the Fisheries Chapter of the Nisga’a Final Agreement, concerning enforcement of federal laws or Nisga’a laws; or

(b) unless the Minister, or a person appointed to a position in the Department of Fisheries and Oceans who is authorized by the Minister, considers such proceedings to be necessary to ensure compliance with the fishing plan.

2000, c. 7, s. 23.