20. [Repealed, SOR/99-264, s. 9]
Terms and Conditions of Licence
21. (1) For the proper management and control of fisheries, the Minister or a Director, as the case may be, may specify in a licence any term or condition concerning one or more of the following matters:
(a) the species and quantity of fish that are permitted to be taken or transported;
(b) the age, sex, stage of development, length and weight of fish that are permitted to be taken or transported;
(c) the waters in which fishing is permitted;
(d) the period during which fishing is permitted or fish may be transported;
(e) the locations from or to which fish may be transported;
(f) the fishing vessels from which or to which fish may be transhipped;
(g) the fishing vessel permitted to be used, and the person or persons permitted to operate it;
(h) the size, type and quantity of fishing gear and equipment permitted and the manner in which they are to be used;
(i) the location where fishing gear may be installed;
(j) the distance required to be kept between fishing gear;
(k) the manner in which the fishing gear or fishing vessels shall be identified;
(l) the place and the time at which fish may be removed from a fishing vessel;
(m) the method whereby the fish may be unloaded from a fishing vessel and the method of determining their length or weight;
(n) the registers that a licence holder must keep of fishing activities undertaken under the licence or the sale or transportation of fish taken under the licence, as well as the way in which the registers shall be kept, their form, the frequency with which and the person to whom they shall be presented, and the period for which they must be retained;
(o) the identification and tagging of fish to determine its origin, its length or its weight, and the way in which the tags issued with the licence are to be recovered;
(p) the registration of the fish caught or transported; and
(q) the separation, on board the fishing vessel, of fish according to species.
(2) For the proper management and control of fisheries, the Minister or a Director, as the case may be, may specify in a licence set out in subitem 2(1) or (2), column 1, of Part 2 of Schedule 5 any term or condition concerning one or more of the following matters:
(a) the persons authorized to fish under the authority of the licence;
(b) the manner in which fish caught for scientific, educational or management purposes shall be kept, released, displayed, used, transported or disposed of; and
(c) the manner in which scientific, educational, management and other data collected are to be reported.
(3) For the purposes of the conservation and protection of fish, the Minister or a Director, as the case may be, may amend any conditions of a licence.
(4) A notice of any amendment referred to in subsection (3) shall be
(a) sent to the licence holder by registered mail; or
(b) personally delivered to the licence holder by a fishery officer.
(5) An amendment referred to in subsection (3) is effective from the time the licence holder receives the notice referred to in subsection (4).
(6) A notice referred to in subsection (4) forms part of the licence to which it relates, and the licence holder shall, on receipt of the notice, attach it to the licence.
- SOR/94-392, s. 5;
- SOR/99-264, s. 10;
- SOR/2001-51, s. 8;
- SOR/2001-438, s. 4;
- SOR/2005-269, s. 52;
- SOR/2008-322, s. 13.
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