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Vol. 137, No. 16 — April 19, 2003 Regulations Amending the Law List RegulationsStatutory Authority Canadian Environmental Assessment Act Sponsoring Agency Canadian Environmental Assessment Agency REGULATORY IMPACT ANALYSIS STATEMENT For the Regulatory Impact Analysis Statement, see the Regulations Amending the Inclusion List Regulations. PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to paragraph 59(f) of the Canadian Environmental Assessment Act (see footnote a) , proposes to make the annexed Regulations Amending the Law List Regulations. Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Peter Sherhols, Director, Policy Analysis, Canadian Environmental Assessment Agency, Fontaine Building, 14th Floor, 200 Sacré-Cœur Boulevard, Gatineau, Quebec K1A 0H3. Ottawa, April 10, 2003 EILEEN BOYD Assistant Clerk of the Privy Council REGULATIONS AMENDING THE LAW LIST REGULATIONS AMENDMENT 1. Part I of Schedule I to the Law List Regulations (see footnote 1) is amended by adding the following in numerical order:
COMING INTO FORCE 2. These Regulations come into force on June 16, 2003. [16-1-o] Regulations Amending the Comprehensive Study List RegulationsStatutory Authority Canadian Environmental Assessment Act Sponsoring Agency Canadian Environmental Assessment Agency REGULATORY IMPACT ANALYSIS STATEMENT For the Regulatory Impact Analysis Statement, see the Regulations Amending the Inclusion List Regulations. PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to paragraph 59(d) of the Canadian Environment Assessment Act (see footnote b) , proposes to make the annexed Regulations Amending the Comprehensive Study List Regulations. Interested persons may make representations with respect to the proposed Regulations wihtin 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Peter Sherhols, Director, Policy Analysis, Canadian Environmental Assessment Agency, Fontaine Building, 14th Floor, 200 Sacré-Cœur Boulevard, Gatineau, Quebec, K1A 0H3. Ottawa, April 10, 2003 EILEEN BOYD Assistant Clerk of the Privy Council REGULATIONS AMENDING THE COMPREHENSIVE STUDY LIST REGULATIONS AMENDMENTS 1. Section 2 of the Comprehensive Study List Regulations (see footnote 2) is amended by adding the following in alphabetical order: "offshore" means in a submarine area, not within a province, that is in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada and in respect of which an authorization under the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the Canada Oil and Gas Operations Act is required for the exploration and drilling for, or the production, conservation, processing or transportation of, oil or gas; (au large des côtes) 2. Paragraph 11(a) of the schedule to the Regulations is repealed. 3. The schedule to the Regulations is amended by adding the following after section 11: 11.1 The proposed construction or installation of a facility for the production of oil or gas, if the facility is located offshore and (a) is outside the limits of a study area delineated in (i) an environmental assessment of a project for the offshore production of oil or gas that was conducted by a review panel or as a comprehensive study under the Canadian Environmental Assessment Act, or (ii) an environmental assessment of a proposal for the offshore production of oil or gas that was conducted by a Panel under the Environmental Assessment Review Process Guidelines Order; or (b) is inside the limits of a study area delineated in an environmental assessment described in subparagraphs (a)(i) or (ii) and is not connected by an offshore oil and gas pipeline to a previously assessed facility in the study area. 11.2 The proposed decommissioning or abandonment of a facility for the production of oil or gas if the facility is located offshore and it is proposed that the facility be disposed of or abandoned offshore or converted on site to another role. 4. Paragraph 14(b) of the schedule to the Regulations is replaced by the following: (b) an offshore oil and gas pipeline, if any portion of the pipeline is outside the limits of a study area delineated in (i) an environmental assessment of a project for the offshore production of oil or gas that was conducted by a review panel or as a comprehensive study under the Canadian Environmental Assessment Act, or (ii) an environmental assessment of a proposal for the offshore production of oil or gas that was conducted by a Panel under the Environmental Assessment Review Process Guidelines Order. 5. Section 15 of the schedule to the Regulations is replaced by the following: 15. A proposed offshore exploratory drilling project that is located outside the limits of a study area delineated in (a) an environmental assessment of a project for the exploratory drilling for, or production of, oil or gas in an offshore location that was conducted by a review panel or as a comprehensive study under the Canadian Environmental Assessment Act; or (b) an environmental assessment of a proposal for the exploratory drilling for, or production of, oil or gas in an offshore location that was conducted by a Panel under the Environmental Assessment Review Process Guidelines Order. COMING INTO FORCE 6. These Regulations come into force on June 16, 2003. [16-1-o] Regulations Amending the Atlantic Fishery Regulations, 1985Statutory Authority Fisheries Act Sponsoring Department Department of Fisheries and Oceans REGULATORY IMPACT ANALYSIS STATEMENT Description The Fisheries Act provides authority for the orderly management of commercial and recreational fisheries in Canadian fishery waters, which include the waters adjacent to the Province of Quebec. In the early 1990's, there was little need to regulate the shellfish fishery in Quebec waters as there was very limited fishing effort. The effort has significantly increased over the past few years. On the Upper North Shore of the St. Lawrence River, where clam harvesting is largely concentrated, annual landings have more than doubled since the early 90's. With respect to clams, the increase in harvesting pressure is primarily attributable to increases in price. For example, in the period from 1996 to 2001, the average landed price for a kilogram of soft-shell clams rose by 40 percent to $1.75. In 2000, the total landed value of soft-shell clams in Quebec was estimated at close to $2 million. For other shellfish, such as oysters and mussels, the increase in harvesting pressure is attributable to increase in recreational harvesting and increase in spat (juveniles) collection for seeding aquaculture sites respectively. The Department of Fisheries and Oceans (DFO) has regulations that control the harvesting of clams, oysters and mussels in the waters adjacent to New Brunswick, Prince Edward Island and Nova Scotia under the Maritime Provinces Fishery Regulations (MPFR). Regulations under the Atlantic Fishery Regulations, 1985 (AFR) control the harvesting of the Stimpson's surf clam, which is harvested in deep water. However, there are no regulations comparable to those under the MPFR that control harvesting of other clams, or mussels or oysters in the waters adjacent to Quebec. The proposed amendments to the AFR would introduce harvesting controls for both commercial and recreational fisheries in Quebec waters that are similar to the controls currently in use in the Maritime Provinces. The rapid expansion of fishing activities has had a detrimental effect on shellfish stocks. Without regulatory tools to manage the fishery, it is highly likely that the stocks will collapse from harvesting effort. The proposed harvesting controls are necessary to ensure conservation and the orderly management of the fishery. Regulatory requirements, including the need for licences for commercial fishers, will provide the tools needed to implement management plans for shellfish to maintain a sustainable harvest and prevent overexploitation. It should also reduce the growing tension between commercial and recreational fishers. This tension was demonstrated in 2001 during a month long demonstration at Sheldrake River on the North Shore of Quebec, where recreational harvesters attempted to prevent commercial fishers from harvesting clams. The Sûreté du Québec were obliged to intervene to avoid violence. In Havre-Saint-Pierre, recreational fishers would like to see a complete ban on commercial harvesting. Harvesting controls are required to ensure conservation because clams are sedentary species. Clams live in relatively large aggregations called "beds" and require very specific habitat to develop sufficient density to allow for sustainable harvesting. In the conditions occurring in Quebec waters, clams have an annual growth rate of approximately 5 mm per year. As a result it takes between eight to ten years to reach the minimum harvesting size of 51 mm. Controls are also required to ensure conservation of the mussel fishery, particularly the collection of mussel spat, which is used to build stocks for mussel aquaculture operations. Controls are also needed to regulate oyster harvesting in the Magdalen Islands, where the stock is very vulnerable. The oyster stocks were originally transplanted from the Maritime Provinces and have established in the Magdalen Islands where they support a significant recreational harvesting industry. Soft-shell clams are fished both commercially and recreationally, primarily by residents of the North Shore of the Gulf of St. Lawrence. The DFO estimates that there are currently about 600-700 commercial fishers and upwards of 1 600 recreational fishers. In the commercial fishery, they are harvested using very large manual tools, and experienced harvesters are able to collect 300 to 400 lb. per tide. Most commercial fishers use the income from the clam harvest as a supplement, rather than as their primary source of income. Recreational harvesters generally use shovels or spades and harvest only enough for themselves or their families. The soft-shell clam is by far the most popular, and there is an increasingly intensive commercial fishery for this species. According to figures compiled by the DFO, the volume of soft-shell clams harvested in Quebec waters and shipped to various markets rose from 546 metric tons in 1996 to 1 206 metric tons in 2000. With the lack of regulatory mechanisms, clam fishing is a very attractive means of generating revenue. The only fishing gear that is required are simple hand tools, such as shovels and picks. A large number of beds are easily accessible and clam harvesting generally does not require the use of a boat, as the clams burrow into the sand on beaches and tidal flats at the tidal water limit. More often than not, harvesters can walk to the area to harvest the shellfish when the tide goes down. The DFO estimates that there are more than 500 commercial clam fishers on the North Shore and Gaspésie. However, without regulatory controls, there is no limit on the number of harvesters and no means of managing the resource. The majority of harvesters focus on the most abundant and easily accessible beds in order to maximize their profits causing significant depletion of these beds. In addition to soft-shell clams, other species of clams, such as the bar clam, bay quahaug and razor clam, may also be subject to increased harvesting in the future. In the Magdalen Islands, these species are already being harvested to some extent. Although the current level of harvesting is considered moderate, it is important to have the tools in place to properly manage these species and to deal with potential over-harvesting. Similarly, controls are needed in the mussel (blue mussel) fishery, particularly the collection of mussel spat, which is used to build stocks for mussel farming operations. Through the ongoing development of management plans, in consultation with stakeholders, The DFO will encourage the geographic distribution of the fishing effort, awareness of the risks to the sustainability of the species (e.g., risk of increased clam mortality in cold weather) and methods to mitigate those risks. The proposed amendments will introduce harvesting controls for both recreational and commercial fishing thus providing for an orderly fishery. This will assist in reducing the ongoing tension between recreational harvesters and commercial harvesters arising from the fact that some recreational harvesters fish intensively and can be considered quasi-commercial. The proposed amendments will also assist the DFO in reducing the risk that shellfish from closed areas, some of which may be contaminated, could be sold commercially. Without regulatory mechanisms, it is almost impossible to determine the origin of the shellfish harvested in Quebec waters. The result is that neither the DFO nor the Canadian Food Inspection Agency (CFIA), which is responsible for marketed food products, are able to determine if shellfish originated from a closed area. Licences issued under the proposed Regulations will contain conditions that require shellfish harvesters to provide information to government officials on the origin of the shellfish being offered for sale (e.g., on demand, through records, on bills of sale to processors). This will reduce the possibility that shellfish from closed or contaminated areas could be sold commercially. The proposed amendments will also assist the DFO in meeting the requirements of the Canadian Shellfish Sanitation Program by obliging commercial fishers to report the exact provenance of their catches by means of specific licence terms and conditions thus facilitating the DFO's ability to monitor landings. The following regulatory controls are therefor being proposed: — Establishment of the following four shellfish harvesting zones with associated close times, quotas and gear type for each species: — the waters of Charlevoix and the Upper North Shore; — the waters of the Middle and Lower North Shore; — the waters of the Lower St. Lawrence and Gaspésie; and — the waters of the Magdalen Islands. The DFO will develop management plans for a sustainable fishery for each area, the administration of which will be carried out in collaboration with local fishers. The close times set out in the proposed Regulations have been established based on the species biology in order to enhance conservation. For example, during the period of January to March, smaller clams have less chance of survival when they are returned to the water, as they are slower to rebury themselves in the mud as the water temperature reaches 0 °C. — Requirement to hold a licence to harvest shellfish commercially. Licensing provides a flexible tool for managing the harvesting effort and providing for an orderly fishery. The licence may set out conditions required to meet the objectives of sustainable fisheries set out in the management plans (e.g., catch limits by area to ensure that juvenile shellfish remain in the beds to sustain future fisheries). It is anticipated that all current harvesters will be issued licences under the proposed Regulations, should they choose to apply. The conditions of these licences will be similar to current harvesting conditions, based on the existing data on landings and the harvesting effort that a species can support in a given area. The DFO shellfish coordinator is working with commercial harvesters to improve the available data on the number of harvesters, the harvesting effort, and the state of the stock. As this information becomes available, it will be integrated on an ongoing basis into the management plans, and licence conditions will be modified as required to implement the plan. This will contribute to a sustainable and orderly fishery and provide adequate information to the DFO to manage the resource. — Minimum sizes for different shellfish species. The minimum sizes applicable for surf clams and razor clams in Quebec waters will be the same as those already applicable elsewhere in the Atlantic, under the MPFR. The minimum sizes for mussels and soft-shell clams are new values. In all four cases, the minimum sizes for all species of shellfish are based, following studies by the DFO scientists, on the minimum size of the species at maturity. — Gear restrictions and the establishment of catch limits for recreational fishery for shellfish. Recreational fishery is generally undertaken for fun and for food purposes using hand tools. The proposed Regulations recognise the traditional nature of such activity by allowing the use of hand tools and setting appropriate catch limits. Daily limits of 300 clams, bar clams, razor clams, bay quahaugs or mussels, and 40 oysters are being proposed. The catch limits will allow recreational fishers to take shellfish in reasonable quantities for personal consumption or consumption by a small group of people. These limits are similar to the regulatory regime that currently exists in the MPFR. The DFO will continue to monitor harvesting efforts and, should it prove necessary will amend the limits to maintain a sustainable fishery. The daily limits will also reduce the opportunity for commercial fishers to try to avoid the regulatory regime by posing as recreational harvesters. — Issuance of fishing licences for the capture and replanting of spat, juveniles or adults. The proposed amendments will authorise the DFO to issue licences for the collection of oyster, clam or mussel spat, juveniles or adults for the purpose of replanting. Collecting spat, replanting juveniles and relocating adult shellfish is one way to rebuild depleted shellfish beds. It may also be carried out to improve the harvest by relocating shellfish to a habitat that better supports its growth, that is more accessible to fishers or to capture shellfish for use in an aquaculture facility. The DFO will monitor the ongoing collection of spat, juveniles and adults to provide for an orderly and sustainable fishery, and ensure the protection and conservation of clams, oysters and mussels in Quebec waters. Alternatives Status Quo The status quo is not an alternative. As indicated earlier, the rapid expansion of fishing activity has had a detrimental effect on the shellfish stocks. Without regulatory controls, it is highly likely that the stocks will collapse from harvesting effort. There are currently strong economic incentives for harvesters to reach the less accessible, more precarious beds in this fishery. This dangerous situation is likely to increase as the resource becomes scarcer on the more heavily harvested beds. There is also increasing economic incentives for harvesters to obtain and sell shellfish from closed areas. As the provenance of shellfish cannot be determined by sight, the status quo would increase the risks of contaminated fish entering the food chain. Without a regulatory framework governing both commercial and recreational fishers, there is likely to be more confrontations between the two groups as they both claim primary access to the resource. Licences under section 7 of the Fisheries Act The DFO considered the possibility of issuing licences pursuant to section 7 of the Fisheries Act. However, as there is no requirement to obtain a licence for shellfish harvesting in Quebec waters, enforcement would be very difficult and fishers could have challenged the requirement for a licence to fish for clams, oysters or mussels. Such a licence would not have provided an adequate regulatory framework. Benefits and Costs The proposed amendments will provide the basis for a sustainable and orderly fishery. With these amendments to the regulations, the DFO, in consultation with industry and the public, will be able to develop and apply management plans with the intent of meeting its conservation objectives and maintaining an orderly fishery. Through licence conditions, commercial fishers will be required to provide information on the provenance of the shellfish, thus reducing the risk that contaminated shellfish will enter the food chain. Commercial shellfish harvesters will be recognized as a legitimate user of the resource and a full participant in developing management plans. The cost of commercial fishing licences will be $30, which is consistent with similar fisheries in New Brunswick, Prince Edward Island and Nova Scotia. This is consistent with the DFO's licencing policy, in that resource users pay for the access to a common good, in this case the shellfish harvest. Fishers will be able to harvest this increasingly valuable stock without having to put their lives at risk by seeking ever more remote beds. Recreational harvesters will also be recognized as a legitimate user of the resource, with participation in the development of management plans. The proposed amendments will ensure a sustainable harvest for recreational harvesters currently and in the future. It will also ease tensions between recreational and commercial fishers as both groups will have access to a sustainable resource. The DFO, Quebec Region, plans to cover the costs of administration, monitoring, and enforcement of the new measures from its existing budget allocations. The DFO fishery officers are already monitoring the shellfish beds and carrying out regular shore patrols to enforce regulations prohibiting shellfish harvesting in contaminated areas (Canadian Shellfish Sanitation Program). The new measures will definitely require a greater presence on the part of fishery officers, but this will be arranged by readjusting monitoring priorities. The proposed Regulations will not apply to Aboriginal groups harvesting shellfish for food, social and ceremonial purposes, or a communal commercial fishery under the authority of communal licences issued under the Aboriginal Communal Fishing Licences Regulations. However, should individual Aboriginal fishers wish to participate in the commercial shellfish harvest they would be subject to the proposed Regulations. Aboriginals will also be invited to participate in the development of management plans. Consultation In the early 1990s, following consultations with stakeholders, the DFO concluded that the limited fishing effort did not require a comprehensive regulatory framework. However, there has been significant growth in the harvesting pressure over the past five years. Concerns about this growth, and the associated pressure on the resource, has been raised at numerous meetings with clam fishing industry representatives, aquaculture development organizations and other groups, including environmental protection groups. In addition, the DFO has also responded to a large volume of correspondence from a number of organizations, including municipalities, environmental groups and commercial harvesters' associations. Beginning in 2002, the DFO began public consultations on the need for new regulatory requirements to ensure a sustainable fishery. Consultations were held in eight municipalities in the region, four on the North Shore, Quebec, two in the Gaspé and two in the Magdelen Islands. The consultations were announced publicly in the local media and were attended by representatives of a number of the groups involved, including commercial harvesters' associations, recreational fishers' associations, the Société de développement de l'industrie maricole (SODIM), environmental groups, municipalities (RCMs), municipal councillors and provincial members of parliament. During the consultations, participants were given the opportunity to review and provide comments on the proposed Regulations. The majority of participants supported the need for regulatory framework although there was some opposition for some of the proposals. Commercial fishers' associations were in favour of the introduction of the new regulations in order to ensure a sustainable fishery. However, they perceive the recreational fishers to be competing for the same resource and, as a result, would have preferred the daily catch limits for the recreational fishery to be lower. Recreational fishers, with the exception of those in Havre- Saint-Pierre and the Magdalen Islands, support the introduction of commercial licences and the proposed daily limits for recreational fishers to limit exploitation of the resource. The recreational fishers of Havre-Saint-Pierre and the Magdalen Islands would have liked the proposed Regulations to provide a complete ban on commercial harvesting. They also oppose daily catch limits for recreational harvesters, as they take the view that only recreational harvesters should have access to the resource. Municipal representatives from the Havre-Saint-Pierre area made similar comments. The proposed regulatory amendments are based on the fact that both commercial and recreational fishers are legitimate users of the resource and the regulatory framework is intended to maintain an orderly and sustainable fishery for both. The recreational regulatory requirements are also required to prevent it from becoming a quasi-commercial activity. The SODIM and commercial harvesters requested that the DFO adopt the 400 harvesting areas set out in the Canadian Shellfish Sanitation Program rather than the four zones contained in the regulatory proposal in order to ensure local management of harvesting beds. Adopting 400 harvesting zones would create an unacceptable administrative burden on the DFO as it would require 400 management plans and advisory committees for each area. The DFO is proposing that a similar effect can be achieved through local administration of parts of the management plan. Coastal development committees that discuss integrated management, among other things, already exist in the Upper North Shore and other areas. These committees could be the basis for consultations on management plans that include conservation measures (e.g., fishing seasons, quotas), authorized areas and uses (commercial, recreational or both). At the public consultations, stakeholders agreed that such a management approach would be appropriate. Environmental groups would have liked the new regulations to cover all species that may be subject to harvesting, particularly recreational harvesting of periwinkle and whelks. The DFO has considered this but has noted there is no commercial or recreational harvesting of periwinkle at the current time, and as a result no need for a regulatory framework. The DFO will continue to monitor the situation and should harvesting pressure increase will consider regulations at that time. Whelks are already regulated under the AFR. Media representatives were also present at the public consultations. Following the consultations, a number of media outlets (e.g., CBGA-FM (Matane), CILE-FM (Havre-Saint-Pierre); CJBR-FM (Rimouski); CJBR-TV (Rimouski); CBSI-FM (Sept-Îles); CKCN-FM (Sept-Îles); CIEU-FM (Carleton); CJRG-FM (Gaspé); LE NORD-EST PLUS (weekly)) carried a review of the proposed Regulations and reported on the public consultations. Aboriginal groups received a letter with the proposed regulatory framework and were invited to contact the DFO to organize meetings or to formulate comments on the draft Regulations. Only one band, the Essipit Innu, responded and they support the proposal. Provincial officials were also consulted on the proposed regulatory framework and support the proposal as it will contribute to a more orderly and sustainable fishery thus providing employment for persons living in these regions. Compliance and Enforcement The general public, fishers, the processing industry and others affected by the new measures have been made aware of the proposal through the above-mentioned consultations, and will be informed that they have come into effect by the DFO via the local media. The new provisions will be clearly explained to the public by means of various information tools, including local media and distribution of information pamphlets. In addition, the DFO will set up local management committees on which all stakeholder groups will be represented, which will assist in disseminating information to fishers. The DFO fishery officers will also organize information and awareness activities for recreational and commercial fishers. The department will also develop and publicize management plans for a sustainable and orderly fishery. The provisions for licencing commercial shellfish harvest is proposed to come into force two months after the proposed Regulations come into force. This will provide time for fishers to obtain a shellfish licence in an orderly fashion, while still providing protection for the resource. The full suite of enforcement tools will be available to ensure compliance with the proposed Regulations once they are in force. This can range from compliance warnings for minor infractions to prosecutions, particularly in the case of poachers and fishers who repeatedly offend or who are guilty of major infractions. The Fisheries Act also provides that a person convicted of an offence under the Regulations is liable to a fine of up to $500,000 and/or various other penalties that may be imposed by the courts, including imprisonment, confiscation of equipment, vessels, catches and any other items or equipment used to commit offences, suspension or cancellation of licences, etc. These modifications will not generate any major new costs in terms of enforcement. Monitoring operations will be carried out by regular officers using existing equipment. Fishery officers assigned to the DFO offices already patrol the busiest fishing areas on a regular basis, primarily to enforce the Management of Contaminated Fisheries Regulations and to carry out other duties related to the Canadian Shellfish Sanitation Program. The licence regime to be implemented in the commercial clam fishery will become part of the existing system whereby licences are issued for the many other species managed under the Fisheries Act and its regulations. Contacts Hugh Cotton, Chief, Regulations, Conservation and Protection, Department of Fisheries and Oceans, Quebec Region, 104, Dalhousie Street, Québec, Quebec G1K 7Y7, (418) 648-5888 (Telephone), (418) 648-7981 (Facsimile), cottonh@dfo-mpo.gc.ca (Electronic mail), or Mary Ann Green, Legislative and Regulatory Affairs, Policy Sector, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 993-2361 (Telephone), (613) 990-2811 (Facsimile), greenm@dfo-mpo.gc. ca (Electronic mail). PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to section 43 (see footnote c) of the Fisheries Act, proposes to make the annexed Regulations Amending the Atlantic Fishery Regulations, 1985. Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Hugh Cotton, Chief, Regulations, Conservation and Protection, Department of Fisheries and Oceans, Quebec Region, 104 Dalhousie Street, Québec, Quebec G1K 7Y7 (Telephone: (418) 648-5888; Fax: (418) 648-7981; E-mail: cottonh@ dfo-mpo.gc.ca). Ottawa, April 19, 2003 EILEEN BOYD Assistant Clerk of the Privy Council REGULATIONS AMENDING THE ATLANTIC FISHERY REGULATIONS, 1985 AMENDMENTS 1. Subsection 3(5) of the Atlantic Fishery Regulations, 1985 (see footnote 3) , is replaced by the following: (5) Sections 13 to 13.2, 14, 17, 17.1, 39 to 45.1 and 46 to 50, subsection 51.3(1) and sections 51.4, 52, 54, 57, 61, 61.1, 63, 66, 67.1 to 69, 70.1 to 72, 74, 77, 78, 80, 82, 83, 87, 90, 91, 99, 103.1, 106, 106.1 and 108 to 115.1 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. 2. (1) The definition "length" in section 51 of the Regulations is replaced by the following: "length" means (a) in relation to a lobster, the distance from the rear of either eye socket to the rear end of the carapace, measured along a straight line parallel to the centre line of the carapace of the lobster, and (b) in relation to a clam, mussel or oyster, the distance measured in a straight line through the longest part of the shell; (longueur) (2) Section 51 of the Regulations is amended by adding the following in alphabetical order: "Atlantic razor clam" means the shellfish the scientific name of which is Ensis directus; (couteau de l'Atlantique) "clam" means the Atlantic razor clam, the soft-shell clam and the surf clam; (clam) "drag rake" means a device used in fishing for shellfish that is towed along the bed of the water by a vessel, but does not include a hydraulic device or a mechanical device; (râteau traînant) "hydraulic device" means a device used in fishing for shellfish whereby the shellfish are lifted from the bed of the water by the use of water under pressure; (dispositif hydraulique) "mechanical device" means any device or equipment used in fishing for shellfish that is not (a) a hand-held tool, (b) a drag rake, or (c) a hydraulic device; (dispositif mécanique) "mussel" means the shellfish the scientific name of which is Mytilus edulis or Modiolus modiolus; (moule) "oyster" means the shellfish the scientific name of which is Crassostrea virginica or Ostrea edulis; (huître) "soft-shell clam" means the shellfish the scientific name of which is Mya arenaria; (mye) "Stimpson's surf clam" means the shellfish the scientific name of which is Mactromeris polynyma; (mactre de Stimpson) "surf clam" means the shellfish the scientific name of which is Spisula solidissima, but does not include the Stimpson's surf clam; (mactre) 3. Section 51.1 of the Regulations and the heading before it are replaced by the following: Clams, Mussels and Oysters Application 51.1 (1) Sections 51.2 to 51.9 apply in respect of fishing for clams, mussels and oysters in the inland waters and tidal waters, including the foreshore of those waters, within or adjacent to the Province of Quebec. (2) Section 13 does not apply in respect of fishing for clams, mussels and oysters in the waters referred to in subsection (1). Length Restrictions, Close Times and Other Restrictions 51.2 No person shall catch and retain or possess any shellfish of a species set out in column I of an item of the table to this section, the length of which is less than the minimum length set out in column II of the item.
51.3 (1) No person shall engage in commercial fishing for a species set out in column II of an item of Schedule X.1 in the waters set out in column I by a method set out in column III during the close time set out in column IV of the item. (2) No person shall engage in recreational fishing for a species set out in column II of an item of Schedule X.1 in the waters set out in column I during the close time set out in column IV of the item. Licences 51.4 (1) Subject to subsection (2), no person shall fish for clams, mussels or oysters unless the person is authorized to do so under a licence issued under these Regulations. (2) Subsection (1) does not apply to persons engaged in recreational fishing for clams, mussels or oysters. 51.5 The Minister may, on application and payment of the fee set out in column II of an item of the table to this section, issue a licence described in column I of the item.
Fishing for Purposes of Replanting 51.6 Despite any length restriction or close time set out in this Part, a person may, under the authority of a fishing licence for the purpose of replanting issued under this Part, fish for clams, mussels or oysters for the purpose of replanting them in a location that supports their growth, their condition or their accessibility. Recreational Fishing 51.7 No person engaged in recreational fishing for clams, mussels or oysters shall fish by any means other than by means of hand or hand-held tools. 51.8 No person engaged in recreational fishing for clams, mussels or oysters shall fish during the period that begins half an hour after sunset on one day and ends half an hour before sunrise on the following day. 51.9 No person engaged in recreational fishing for clams, mussels or oysters shall catch and retain, in any one day, a quantity of a species of shellfish set out in column I of an item of the table to this section that is greater than the quota set out in column II of the item.
4. The Regulations are amended by adding the following after Schedule X: SCHEDULE X.1 (Section 51.3)
ANNEXE X.1 (suite) COMING INTO FORCE 5. (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered. (2) Section 1 of these Regulations and the heading before section 51.4 and sections 51.4 to 51.6 of the Atlantic Fishery Regulations, 1985, as enacted by section 3 of these Regulations, come into force on July 1, 2003. [16-1-o] S.C. 1992, c. 37 SOR/94-638 S.C 1992, c. 37 SOR/94-638 S.C. 1991, c. 1, s. 12 SOR/86-21 |
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