Vol. 151, No. 9 — May 3, 2017

Registration

SOR/2017-58 April 13, 2017

FISHERIES ACT
COASTAL FISHERIES PROTECTION ACT
OCEANS ACT

Regulations Amending Certain Department of Fisheries and Oceans Regulations (Miscellaneous Program)

P.C. 2017-394 April 13, 2017

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, makes the annexed Regulations Amending Certain Department of Fisheries and Oceans Regulations (Miscellaneous Program) pursuant to

Regulations Amending Certain Department of Fisheries and Oceans Regulations (Miscellaneous Program)

Fisheries Act

Foreign Vessel Fishing Regulations

1 The long title of the Foreign Vessel Fishing Regulations (see footnote 1) is replaced by the following:

Foreign Vessel Fishing Regulations

2 Section 1 of the Regulations and the heading before it are repealed.

3 Subsections 6(1) to (3) of the French version of the Regulations are replaced by the following:

6 (1) Sous réserve des paragraphes (2) et (3), il est interdit d’avoir en sa possession un thon obèse ou un thon à nageoires jaunes qui pèse moins de 3,2 kg.

(2) Le paragraphe (1) ne s’applique pas à une personne qui pêche le thon obèse à partir d’un bâtiment de pêche étranger en vertu d’un permis lorsque :

(3) Le paragraphe (1) ne s’applique pas à une personne qui pêche le thon à nageoires jaunes à partir d’un bâtiment de pêche étranger en vertu d’un permis lorsque :

Northwest Territories Fishery Regulations

4 The portion of item 14 under the heading “REGION I — MACKENZIE DELTA” in Schedule V to the Northwest Territories Fishery Regulations (see footnote 2) in column IV is replaced by the following:

Column I

Waters

Column IV

Closed Seasons

REGION I — MACKENZIE DELTA

14

May 15 to June 15
 

May 15 to June 15
 

May 15 to June 15
 

May 15 to June 15
Newfoundland and Labrador Fishery Regulations

5 The definition caution notice or notice in subsection 2(1) of the Newfoundland and Labrador Fishery Regulations (see footnote 3) is replaced by the following:

caution notice means a caution notice placed by a fishery officer or a fishery guardian; (écriteau)

6 The portion of item 1 of the table to section 13.1 of the Regulations in column VII is replaced by the following:

Item

Column VII

Close Time

1

Jan. 1 to Jan. 31

7 Paragraph 30(a) of the Regulations is replaced by the following:

8 Section 42.1 of the Regulations is amended by replacing “Atlantic Fishery Registration and Licensing Regulations” with “Atlantic Fishery Regulations, 1985”.

Atlantic Fishery Regulations, 1985

9 The long title of the Atlantic Fishery Regulations, 1985 (see footnote 4) is replaced by the following:

Atlantic Fishery Regulations, 1985

10 Section 1 of the Regulations and the heading before it are repealed.

11 Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

length, in relation to

shell height, in relation to a scallop, means the distance from the outer edge of the shell at the midpoint of the hinge to the farthest point on the outer edge of the shell opposite to the hinge, measured in a straight line; (hauteur de la coquille)

width, in relation to a clam or crab, means the distance measured in a straight line through the greatest breadth of the shell. (largeur)

12 The portion of subsection 13.1(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

13.1 (1) Sous réserve du paragraphe (2), il est interdit à quiconque d’utiliser un bateau et au propriétaire d’un bateau de permettre l’utilisation de son bateau pour transporter une espèce de poisson frais visée par le présent règlement, à moins que les conditions suivantes ne soient réunies :

13 Section 38 of the Regulations is repealed.

14 The definitions length, shell height and width in section 51 of the Regulations are repealed.

15 Subsections 59(1) and (2) of the Regulations are replaced by the following:

59 (1) Subject to subsection (2), it is prohibited for any person to buy, sell or have in their possession any lobster that is less than 72 mm in length.

(2) In Newfoundland and Labrador, it is prohibited for any person to buy, sell or have in their possession any lobster that is less than 82.5 mm in length.

16 Paragraph 64(5)(a) of the Regulations is repealed.

17 The definition length in section 76 of the Regulations is repealed.

18 The definition length in section 86 of the Regulations is repealed.

19 Subsections 102(2) to (4) of the French version of the Regulations are replaced by the following:

(2) Sous réserve des paragraphes (3) et (4), il est interdit d’avoir en sa possession un thon obèse ou un thon à nageoires jaunes qui pèse moins de 3,2 kg.

(3) Le paragraphe (2) ne s’applique pas lorsque :

(4) Le paragraphe (2) ne s’applique pas lorsque :

20 The portion of item 5 of Part III of Schedule I to the French version of the Regulations in column I is replaced by the following:

Article

Colonne I

Nom commun

5

Thons (germon atlantique, thon obèse, thon rouge, thon à nageoires jaunes)

21 The portion of items 1 to 38 of Schedule XIV to the Regulations in column III is replaced by the following:

Item

Column III

Minimum Length of Lobster

1

82.5 mm

2

82.5 mm

3

82.5 mm

4

82.5 mm

5

82.5 mm

6

82.5 mm

7

82.5 mm

8

82.5 mm

9

82.5 mm

10

82.5 mm

11

82.5 mm

12

82.5 mm

13

82.5 mm

13.1

82.5 mm

14

82.5 mm

14.1

82.5 mm

14.2

82.5 mm

15

82 mm

16

82 mm

17

83 mm

18

83 mm

19

83 mm

20

82 mm

20.1

82 mm

21

82 mm

22

83 mm

23

75 mm

24

72 mm

25

73 mm

26

72 mm

26.1

81 mm

27

81 mm

28

84 mm

29

84 mm

30

82.5 mm

31

82.5 mm

31.1

82.5 mm

32

82.5 mm

33

82.5 mm

34

82.5 mm

35

82.5 mm

36

82.5 mm

37

82.5 mm

38

82.5 mm

22 The portion of item 41 of Schedule XIV to the Regulations in column III is replaced by the following:

Item

Column III

Minimum Length of Lobster

41

82.5 mm

23 The Regulations are amended by replacing “Newfoundland” with “Newfoundland and Labrador” in the following provisions:

Pacific Fishery Regulations, 1993

24 The long title of the Pacific Fishery Regulations, 1993 (see footnote 5) is replaced by the following:

Pacific Fishery Regulations, 1993

25 Section 1 of the Regulations and the heading before it are repealed.

26 The definitions Area, Subarea, surfline and tidal waters in subsection 2(1) of the Regulations are replaced by the following:

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

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

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

tidal waters means the waters of the Areas set out in Schedule 2 to the Pacific Fishery Management Area Regulations, 2007; (eaux à marée)

27 Paragraph 17(4)(b) of the Regulations is replaced by the following:

28 (1) The portion of item 16 of Part I of Schedule I to the Regulations in column II is replaced by the following:

Item

Column II

Scientific Name

16

Pleurotremata other than Squalus suckleyi

(2) The portion of item 21 of Part I of Schedule I to the Regulations in column II is replaced by the following:

Item

Column II

Scientific Name

21

Squalus suckleyi

(3) The portion of subitem 24(5) of English version of Part I of Schedule I to the Regulations in column II is replaced by the following:

Item

Column II

Scientific Name

24

(5) Thunnus albacares

29 The portion of subitem 2(2) of Part II of Schedule I to the Regulations in column II is replaced by the following:

Item

Column II

Scientific Name

2

(2) Panopea generosa

30 The portion of subitem 10(2) of Part II of Schedule I to the Regulations in column II is replaced by the following:

Item

Column II

Scientific Name

10

(2) Crassadoma gigantea
Saskatchewan Fishery Regulations, 1995

31 The long title of the Saskatchewan Fishery Regulations, 1995 (see footnote 6) is replaced by the following:

Saskatchewan Fishery Regulations, 1995

32 Section 1 of the Regulations and the heading before it are repealed.

33 The portion of item 10 of the schedule to the Regulations in column 1 is replaced by the following:

Item

Column 1

Waters

10

All waters of the Oskikebuk River south of approximately 54°50′39″ N 103°51′30″ W, extending to and including waters west of approximately 103°44′29″ W on the West Arm of Deschambault Lake.
British Columbia Sport Fishing Regulations, 1996

34 The long title of the British Columbia Sport Fishing Regulations, 1996 (see footnote 7) is replaced by the following:

British Columbia Sport Fishing Regulations, 1996

35 Section 1 of the Regulations and the heading before it are repealed.

36 The definitions Area, Subarea, surfline and tidal waters in subsection 2(1) of the Regulations are replaced by the following:

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

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

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

tidal waters means the waters of the Areas set out in Schedule 2 to the Pacific Fishery Management Area Regulations, 2007. (eaux à marée)

37 Schedule I to the Regulations is amended by replacing the reference to “(3) Panopea abrupta” in column II with a reference to “(3) Panopea generosa”.

Alberta Fishery Regulations, 1998

38 Paragraph 2(2)(b) of the French version of the Alberta Fishery Regulations, 1998 (see footnote 8) is replaced by the following:

39 Schedule 7 to the Regulations is amended by adding the following after the heading “SCHEDULE 7 / (Sections 23 and 24)”:

Waters in Which Sportfishing with Specified Gear or Bait Is Prohibited

Pacific Fishery Management Area Regulations, 2007

40 The description of Subarea 28-10 set out in paragraph 28(b) of Schedule 2 to the Pacific Fishery Management Area Regulations, 2007 (see footnote 9) is replaced by the following:

Subarea 28-10

Those waters of Burrard Inlet lying easterly of a line

from

49°19.023′N

123°08.230′W

[west side of the First Narrows Bridge – north]

to

49°18.796′N

123°08.440′W

[west side of the First Narrows Bridge – south]

and westerly of a line
from


49°17.959′N


123°01.590′W


[west side of the Second Narrows Bridge – north]

to

49°17.561′N

123°01.582′W

[west side of the Second Narrows Bridge – south].

Coastal Fisheries Protection Act

Coastal Fisheries Protection Regulations

41 The long title of the Coastal Fisheries Protection Regulations (see footnote 10) is replaced by the following:

Coastal Fisheries Protection Regulations

42 Section 1 of the Regulations and the heading before it are repealed.

43 (1) Paragraph 8(1)(b) of the French version of the Regulations is replaced by the following:

(2) Subsection 8(3) of the Regulations is replaced by the following:

(3) The Minister may amend any provision in the licence on receipt of an application from the person referred to in paragraph 7(f) or, if an error has been made in the licence, on his or her own initiative.

44 (1) Paragraph 11(1)(c) of the English version of the Regulations is replaced by the following:

(2) Subparagraph 11(1)(d)(i) of the French version of the Regulations is replaced by the following:

(3) Subparagraph 11(1)(d)(ii) of the Regulations is replaced by the following:

(4) Subparagraph 11(1)(d)(v) of the English version of the Regulations is replaced by the following:

(5) Subparagraph 11(1)(d)(vi) of the Regulations is replaced by the following:

(6) Subparagraph 11(1)(e)(i) of the English version of the Regulations are replaced by the following:

(7) Subparagraph 11(1)(e)(ii) of the Regulations is replaced by the following:

(8) Subsection 11(2) of the English version of the Regulations is replaced by the following:

(2) The master of a foreign vessel in respect of which a licence has been issued shall not contravene or fail to comply with any condition of that licence.

45 (1) Paragraphs 12(1)(e) and (f) of the French version of the Regulations are replaced by the following:

(2) Paragraph 12(1)(l) of the Regulations is replaced by the following:

(3) The portion of subsection 12(2) of the Regulations before paragraph (a) is replaced by the following:

(2) The master of a foreign fishing vessel in respect of which a licence has been issued shall not operate that vessel for fishing or cause it to be operated for fishing unless the side number specified in the licence is painted on the vessel or affixed permanently to the vessel by some other means and

46 Section 13 of the French version of the Regulations is replaced by the following:

13 Le ministre peut, à la demande du propriétaire ou du capitaine d’un bateau de pêche canadien, délivrer une licence autorisant le capitaine à apporter dans les eaux de pêche canadiennes l’espèce et la quantité de poisson indiquées dans la licence qu’il reçoit d’un bateau de pêche étranger en dehors de ces eaux.

47 Section 19.3 of the Regulations is replaced by the following:

19.3 A protection officer may use force under section 8.1 of the Act to arrest the master or other person in command of a foreign fishing vessel for the commission of an offence under section 3, paragraph 4(1)(a), section 5.2 or 5.5 or subparagraph 17(1)(a)(ii) of the Act.

48 Section 20 of the Regulations is replaced by the following:

20 The master of a foreign fishing vessel in respect of which a licence has been issued shall, if any fish of a species, size or age specified in the licence as prohibited catch is caught from the vessel, cause that fish to be immediately returned to the water in a manner that causes the least possible harm to that fish.

49 (1) Subparagraph 21(2)(a)(ii) of the French version of the Regulations is replaced by the following:

(2) Subparagraphs 21(2)(b)(ii) and (iii) of the French version of the Regulations are replaced by the following:

(3) Paragraph 21(2)(d) of the French version of the Regulations is replaced by the following:

50 (1) Paragraph 42(b) of the French version of the Regulations is replaced by the following:

(2) Item 5 of the table to section 42 of the French version of the Regulations is replaced by the following:

Article

Espèce

5

Thon obèse (Thunnus obesus)

51 Paragraph 46.1(1)(c) of the French version of the Regulations is replaced by the following:

Oceans Act

Basin Head Marine Protected Area Regulations

52 Subparagraph 4(a)(ii) of the Basin Head Marine Protected Area Regulations (see footnote 11) is replaced by the following:

Gilbert Bay Marine Protected Regulations

53 The title of the English version of the Gilbert Bay Marine Protected Regulations (see footnote 12) is replaced by the following:

Gilbert Bay Marine Protected Area Regulations

Bowie Seamount Marine Protected Area Regulations

54 Paragraph 4(e) of the Bowie Seamount Marine Protected Area Regulations (see footnote 13) is replaced by the following:

55 Paragraph 6(2)(a) of the English version of the Regulations is replaced by the following:

Coming into Force

56 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has recommended that miscellaneous minor amendments be made to a number of regulations made under the Fisheries Act, the Oceans Act and the Coastal Fisheries Protection Act (the regulations). In addition, the Department of Fisheries and Oceans (the Department or DFO), in the course of applying the regulations, has become aware of minor errors in the text or terminology used or provisions that have become outdated, which also require amendment.

The regulatory amendments will ensure that each of the regulations is accurate and operates as intended.

Objectives

The objectives of the regulatory amendments are to

Description

The amendments made are minor and administrative in nature and encompass the following:

Foreign Vessel Fishing Regulations — Fisheries Act

The amendments replace the long title for the Regulations and align the English and French versions of the Regulations.

1. Long title and section 1 : The current Regulations reference the long title as Regulations Respecting Fishing in Canadian Fisheries Waters by Foreign Fishing Vessels. This title is being replaced by the short title Foreign Vessel Fishing Regulations. As a result, section 1 and the heading before it are repealed.

2. Subsections 6(1), (2), and (3) [French]: The current term for bigeye tuna used in the Regulations (i.e. thon ventru) does not reflect the official term for the species which should be “thon obèse.” Therefore, the French version of subsections 6(1), (2) and (3) has been amended to match “thon à nageoires jaunes” to “yellowfin tuna” and “thon obèse” to “bigeye tuna.” These terms have now been corrected.

Northwest Territories Fishery Regulations (NWTFR) — Fisheries Act

Close times are a specified period of time during which fishing activities are prohibited from taking place on a certain water-body as identified through regulations or variation order. Regulatory amendments, made in October 2011 to address SJCSR recommendations, changed the close times for species found within Schedule V. However, through oversight, no changes were made to the close times for burbot and northern pike species.

The amendments correct the following discrepancies:

1. Schedule V, item 14 (English and French): Close times for burbot and northern pike have been amended to be the same as the close times for the other fish species found in Schedule V. There is no practical impact as a result of these amendments, since the close times were made to reflect the seasons (timing) when fishing currently does and does not occur.

Newfoundland and Labrador Fishery Regulations (NLFR) — Fisheries Act

The following amendments to the NLFR correct errors to ensure the English and French versions of the Regulations are the same and respond to recommendations made by the SJCSR.

The amendments correct the following discrepancies:

1. Section 2 and paragraph 30(a) [English and French]: The definition of “caution notice” has been amended to include a reference to “fishery guardian.” When the NLFR were first drafted, the reference to “fishery guardian” was unintentionally omitted from the definition. Accordingly, the definition was amended to correct this error, which helps to facilitate operations in the Newfoundland and Labrador region. By consequence, paragraph 30(a) is also amended to replace the word “notice” with the term “caution notice.”

2. Subsection 13.1(7) [English and French]: The SJCSR noted a discrepancy between close times found in the English and French versions of the NLFR located in the table following subsection 13.1(7). It was further determined that the close times in the table were out-of-date. In accordance with the SJCSR’s recommendation and to ensure the NLFR reflect current information, the close times have been modified. The close times have already been the subject of consultation with implicated stakeholders and these amendments reflect the current open and close times, which have been in place since 2010.

3. Section 42.1 (English and French): The NLFR contained the old title of the Atlantic Fishery Regulations. Accordingly, this error has been corrected to reference the current title.

Atlantic Fishery Regulations, 1985 (AFR, 1985) — Fisheries Act

The following amendments to the AFR, 1985 make several minor corrections, ensure the English and French versions of the regulatory text are aligned, and modernize the Regulations to reflect current management practices.

The amendments correct the following discrepancies:

1. Long title and section 1: The current Regulations reference the long title as Regulations Respecting the Management and Allocation of Fishery Resources on the Atlantic Coast of Canada. This title is being replaced by the short title Atlantic Fishery Regulations, 1985. As a result, section 1 and the heading before it are repealed.

2. Sections 38, 51, 76 and 86 (English and French): The definition of “length,” found in the following sections of the AFR, 1985, has been moved to the “Interpretation” section (section 2) so that the definition can be applied to the entire AFR, 1985 and not just specific provisions: section 38, where length is in relation to herring, mackerel and swordfish; section 51 where length is in relation to lobster; section 76 where length is in relation to salmon; and section 86, where length is in relation to groundfish. This helps ensure that the AFR, 1985 are clear for ease of use by stakeholders and will help facilitate the Department’s operations. The change eliminates the redundant references to the definition of “length” found throughout the Regulations.

3. Part VI Shellfish, section 51 (English and French): The definition of “shell height” in relation to a scallop, and the definition of “width” in relation to a clam or crab, has been moved to the “Interpretation” section (section 2) so that they can be applied to the entire AFR, 1985 and not just specific provisions. This helps ensure that the AFR, 1985 is clear for ease of use by stakeholders and will help facilitate the Department’s operations.

4. Subsection 13.1(1) [French]: A minor inconsistency between the French and English versions of subsection 13.1(1) has been corrected. The English version noted species of fish as being “fresh fish,” but this distinction was not captured in the French version, which has now been updated to reflect the English version.

5. Schedule XIV and subsections 59(1) and 59(2) [English and French]: The AFR, 1985 contains the minimum length (size) of lobsters that can be retained, ranging from 63.5 mm to 81 mm. However, these minimum lobster sizes were increased to a range of 72 mm to 84 mm due to lobster management measures implemented, in consultation with the fishing industry, by licence condition in the late 1990s. Accordingly, the minimum lobster sizes that could be retained have been updated to reflect the size currently being caught by Canadian fishers. These lobster sizes were already the subject of consultation with implicated stakeholders and the amendments primarily serve to reflect the current size of lobster that can be retained.

6. Paragraph 64(5)(a) [English and French]: This paragraph, related to the shell height of scallops in Scallop Fishing Area 27 (SFA 27), has been repealed, as it is no longer required. This provision dealt with the inshore scallop fleet and, since there is no longer an inshore scallop fleet in SFA 27, this provision is no longer applicable.

7. Subsections 102(2), 102(3), 102(4) and Part III of Schedule I (French): The French terms for “bigeye tuna” and “yellowfin tuna” were incorrectly reversed (i.e. “bigeye tuna” was incorrectly referred to as “yellowfin tuna” and vice versa). The amendments serve to correct these errors.

8. Sections 3 and 36, paragraph 81(2)(b), subsections 82(2) and 85(3.1), and section 113 along with various references found in Schedule III, Schedule VIII, Schedule XXIV, Schedule XXV, and Schedule XXXI (English and French): Various sections within the AFR, 1985 referred to “Newfoundland” instead of the official name of the province which is “Newfoundland and Labrador.” This was problematic as reference to “Newfoundland” could have caused confusion, as it could have been interpreted to mean that the AFR, 1985 applied to a specific part of the province instead of the entire province. The amendment has been made and serves to update the AFR, 1985 and avoid potential confusion.

Pacific Fishery Regulations, 1993 (PFR) — Fisheries Act

Several technical amendments have been made to the PFR to correct errors and to minimize the possibility of misinterpretation of these regulatory requirements.

The amendments correct the following discrepancies:

1. Long title and section 1: The current Regulations reference the long title as Regulations Respecting Fishing in the Pacific Ocean and the Province of British Columbia, 1993. This title is being replaced by the short title Pacific Fishery Regulations, 1993. As a result, section 1 and the heading before it are repealed.

2. Section 2 (English and French): Minor amendments have been made to the definitions of “area,” “subarea,” “surfline,” and “tidal waters.” These definitions referenced the old Pacific Fishery Management Area Regulations, which have since been repealed and have been replaced by the Pacific Fishery Management Area Regulations, 2007.

3. Section 2 (English and French): Reference to “Schedule II” found in the definition of “tidal waters” (in the “Interpretation” section of the PFR) has been changed to refer to “Schedule 2” for consistency with the name of the Schedule that appears in the Pacific Fishery Management Area Regulations, 2007 (PFMAR). These amendments ensure alignment with the PFMAR.

4. Paragraph 17(4)(b) [English and French]: An amendment has been made to reflect DFO’s new regional address in Vancouver, British Columbia.

5. Schedule I (English and French): The scientific names for “spiny dogfish,” “Geoduck,” “Yellowfin,” and “Purple-hinged rock” found in Schedule I in the PFR have been amended to correspond with current scientific naming standards.

Saskatchewan Fishery Regulations, 1995 (SFR) — Fisheries Act

The SJCSR noted that references to “West Arm” and “le bras ouest” found in the schedule associated with section 7 of the SFR were not precise and that the full name of the location should be placed into the Regulations.

The amendments correct the following discrepancies:

1. Long title and section 1: The current Regulations reference the long title as Regulations Respecting Fishing in the Province of Saskatchewan, 1995. This title is being replaced by the short title Saskatchewan Fishery Regulations, 1995. As a result, section 1 and the heading before it are repealed.

2. Section 7 Schedule (English and French): The appropriate modifications were made to both the English and French versions of item 10 of the schedule to the Regulation so as to ensure greater clarity and ease of application by stakeholders. Item 10 of the schedule to the Regulations was amended to include the full name of the location as “West Arm of Deschambault Lake” and “le bras ouest du lac Deschambault.”

British Columbia Sport Fishing Regulations, 1996 (BCSFR) — Fisheries Act

Several technical amendments have been made to the BCSFR to correct errors and to minimize the possibility of misinterpretation of these regulatory requirements.

The amendments correct the following discrepancies:

1. Long title and section 1: The current Regulations reference the long title as Regulations Respecting Sport Fishing in the Canadian Fisheries Waters of the Pacific Ocean and of the Province of British Columbia. This title is being replaced by the short title British Columbia Sport Fishing Regulations, 1996. As a result, section 1 and the heading before it are repealed.

2. Section 2 (English and French): An amendment has been made to the definitions of “area,” “subarea,” “surfline,” and “tidal waters.” These definitions referenced the Pacific Fishery Management Area Regulations. This reference needed to be updated, as the name of the Regulations was amended to the Pacific Fishery Management Area Regulations, 2007.

3. Schedule I (English and French): The scientific name for “Geoduck” has been amended to ensure that the Regulations reflect the correct scientific name for the species. Previously, the scientific name (Panope abrupta) was incorrect as it referred to a fossil species. The name has been amended to “Panopea generosa,” which is the correct scientific name of the species.

4. Section 2 (English and French): Reference to “Schedule II” found in the definition of “tidal waters” (in the “Interpretation” section) has been amended to refer to “Schedule 2” for consistency with the name of the Schedule that appears in the Pacific Fishery Management Area Regulations, 2007. These amendments ensure alignment with the PFMAR.

Alberta Fishery Regulations, 1998 (AFR, 1998) — Fisheries Act

The following amendments to the AFR, 1998 correct the Regulations to ensure they use the correct terms and respond to recommendations made by the SJCSR.

The amendments correct the following discrepancies:

1. Section 2 (French): When amendments were made to the Fish Health Protection Regulations in December 2011, it was noted by the Department that the word “piscifacture,” used in the French version of the AFR, 1998 was an erroneous term . The correct term that should have been used in the Regulations was “pisciculture.” The change has been made to the AFR, 1998 to ensure consistency with the term used in the Fish Health Protection Regulations.

2. Schedule 7 (English and French): The SJCSR has noted that the heading of Schedule 7 was omitted when the AFR, 1998 was previously updated. The current amendment has added the heading back into the AFR, 1998.

Pacific Fishery Management Area Regulations, 2007 (PFMAR) — Fisheries Act

Technical amendments have been made to the PFMAR to correct the following errors:

1. Schedule 2, subarea 28-10 (English and French): The directions listed in Schedule 2 of the PFMAR were incorrect and needed to be reversed (for instance, references to “westerly” had to be amended to “easterly” and vice versa). These amendments have been made to provide more accurate Regulations for ease of use by implicated stakeholders.

Basin Head Marine Protected Area Regulations — Oceans Act

The SJCSR identified a discrepancy in the application of the term “as amended from time to time” as it related to federal and provincial legislation referenced in section 4 of these Regulations. The term was applied in reference to activities permitted under provincial legislation [subparagraph 4(a)(ii)], but the term was not applied in relation to activities permitted under federal legislation [subparagraph 4(a)(iii)]. This inadvertently created a differentiation between provincial and federal legislation referenced in the Regulations, when none should have existed.

In the SJCSR’s view, this created an inconsistency in the approach taken in section 4.

The amendments correct the following discrepancies:

1. Subparagraph 4(a)(ii) [English and French]: The term “as amended from time to time” was removed from this subparagraph to address the concerns of the SJCSR and to make consistent the references to other provincial and federal legislation.

Gilbert Bay Marine Protected Area Regulations — Oceans Act

The previous title of the Regulations read Gilbert Bay Marine Protected Regulations. However, the correct title is Gilbert Bay Marine Protected Area Regulations.

The amendments correct the following discrepancies:

1. Title (English): The title of these Regulations has been amended to include the word “Area.”

Bowie Seamount Marine Protected Area Regulations (BSMPAR) — Oceans Act

The amendments correct redundancy noted by the SJCSR, ensure the English and French versions of the Regulations are aligned, and ensure clarity in the use of certain terms as outlined below:

1. Section 4 (English and French): The SJCSR also noted a redundancy in the use of the words “foreign vessel” and “vessel” in paragraphs 4(d) and 4(e) of the BSMPAR. Accordingly, the redundancy has been resolved by removing the reference to “foreign vessel” travel in paragraph 4(e) and keeping only a reference to “foreign ship” in that paragraph.

2. Paragraph 6(2)(a) [English]: In 2011, amendments were made to the BSMPAR in order to address a recommendation by the SJCSR to align the English version of paragraph 6(2)(a) to the French version so that both referenced “living marine organism” (the English version only referenced “living organism”). The 2011 amendments overlooked in error some of these references in the English version. The current amendments fully address the SJCSR’s concerns and harmonize the English and French versions.

Coastal Fisheries Protection Regulations (CFPR) — Coastal Fisheries Protection Act (CFPA)

The following amendments to the CFPR correct inconsistencies in the terminology used in the English and French versions of the Regulations and respond to recommendations made by the SJCSR.

The amendments correct the following discrepancies:

1. Long title and section 1: The current Regulations reference the long title as Regulations Respecting the Protection of the Coastal Fisheries of Canada. This title is being replaced by the short title Coastal Fisheries Protection Regulations. As a result, section 1 and the heading before it are repealed.

2. Section 19.3 (English and French): Section 19.3 provides that a protection officer may use force under section 8.1 of CFPA to arrest the master or other person in command of a foreign fishing vessel “only if the protection officer is proceeding lawfully and in accordance with the manner set out in sections 19.4 and 19.5.” The SJCSR has noted that section 8.1 of the CFPA already requires that a protection officer be “proceeding lawfully” and it is not necessary to state that section 19.3 is subject to sections 19.4 and 19.5. As a result, this wording is not needed and, in accordance with the SJCSR’s recommendation, has been removed.

3. Section 42 (French): An amendment has been made to the French term for “bigeye tuna.” The previous term “thon ventru” did not reflect the official term for the species, which is “thon obèse.”

4. Various sections of the Regulations: The SJCSR stated that the English and French versions of the Regulations were inconsistent in the use of terms. For example, in some instances, the Regulations stated “set out in the licence” and in others, the Regulations stated “specified in the licence.” The same observation was made for the French version of the Regulations. The SJCSR asked Fisheries and Oceans Canada to review the Regulations to ensure that the same terms were used consistently throughout. Therefore, in accordance with the SJCSR’s recommendation, the wording was reviewed for consistency and amended.

“One-for-One” Rule (see footnote 14)

The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs or burden to business.

Small business lens (see footnote 15)

The small business lens does not apply to these amendments, as there are no costs to small business.

Consultation

Due to the administrative nature of the changes, and given that they reflect existing or industry best practices, no additional consultations were undertaken in relation to these amendments.

Rationale

The amendments are in response to the SJCSR’s review of the regulations and to address additional technical issues. The amendments are non-substantive, help to streamline and simplify the regulations, and do not impose any costs on the Government or stakeholders.

Contact

Samia Hirani
Senior Policy Advisor
Legislative and Regulatory Affairs
Fisheries and Oceans Canada
200 Kent Street
Ottawa, Ontario
K1A 0E6
Email: samia.hirani@dfo-mpo.gc.ca