Слике страница
PDF
ePub

Nets, etc.. in small rivers.

Fish to be allowed free passage on Sunday.

Use of rockets, explosives

13. Nets or other fishing apparatus shall not be so used as to impede or divert the course of fish in any small river.

14. From the time of low water nearest six of the clock in the afternoon of every Saturday, to the time of low water nearest six of the clock in the forenoon of every Monday, in tidal waters, and from six of the clock in the afternoon of every Saturday to six of the clock in the forenoon of the following Monday, in non-tidal waters, all sedentary fishing stations and weirs, and all pound and trap-nets, seines, gill-nets and other apparatus used for catching fish, whether under license or not, shall be so raised, closed or adapted as to admit of the free passage of fish through, bv or out of such apparatus; and during such close time no one shall catch fish in such apparatus, whether under license or not.

15. No one shall hunt or kill fish or marine animals of any kind, other than porpoises, whales, and walruses, by means of prohibited. rockets, explosive materials, or explosive projectiles or shells. R.S., c. 95, s. 14; 61 V., c. 39, s. 1; 3 E. VII., c. 23, s. 1.

Purse seines prohibited, May be

allowed in British Columbia.

Nets, weirs,

fascine fisheries, etc., not to

obstruct pas

sage of fish.

Fish-guards

in Manitoba,

48. No one shall use purse seines for the capture of fish in any of the waters of Canada: Provided that the Minister may issue special fishery licenses for the use of purse seines in certain waters in the province of British Columbia specified in the said licenses. 3 E. VII., c. 23, s. 2.

49. No one shall erect, use or maintain in any of the waters of Canada whether subject to any exclusive right of fishery or not, any net, weir, fascine fishery or other device which unduly obstructs the passage of fish; and the Minister or any fishery officer may order the removal of or remove any net, weir, fascine fishery or other device which, in the opinion of such Minister or fishery officer, unduly obstructs the passage of fish. 57-58 V., c. 51, s. 5.

50. In the provinces of Manitoba, Saskatchewan and Saskatche- Alberta, and in the Northwest Territory and the Yukon Terriwan, Alberta, tory,N. W. T. and Yukon.

Structure of fish-guards.

(a) every ditch, channel or canal, constructed or adapted for
conducting water from any lake, river or stream, for irri-
gating, manufacturing, domestic, or other purposes, shall
be provided at its entrance or intake with a fish-guard or a
metal or wire grating, covering or netting, so fixed as to
prevent the passage of fish from any lake, river, or stream
into such ditch, channel or canal;

(b) such fish-guard shall have meshes or holes not more than
three-eighths of an inch in diameter, and shall be built and
maintained by the owner of such ditch, channel or canal,
subject to the approval of the Minister, or of such officer
as he from time to time appoints to examine it;
726

(c)

in repair.

(c) the owner of such ditch, channel or canal shall main- To be kept tain such fish-guard in a good and sufficient state of repair and shall not permit its removal except for renewal or repair; and during the time such renewal or repair is being effected, the sluice or gate at the intake or entrance shall be closed and the passage of fish into the ditch, channel or canal prevented. 57-58 V., c. 51, s. 5.

51. No one shall catch fish for the purpose of using it as Fish as 57-58 V., c. 51, s. 5.

manure.

manure prohibited.

as to diminmeshes pro

52. Whenever the size of the meshes of nets or apparatus Arranging of for the capture of fish is fixed by this Act, or by any fishery nets, etc., so regulation under it, it shall be unlawful to so arrange or adapt ish size of the nets or fishing apparatus as to practically diminish the ibited. size of such meshes. 61 V., c. 39, s. 2.

INJURIES ΤΟ FISHING GROUNDS AND POLLUTION OF RIVERS.

overboard of

53. No one shall throw overboard ballast, coal ashes, stones, Throwing or other prejudicial or deleterious substances in any river, har- certain subbour or roadstead or any water where fishing is carried on, or stances prohibited. throw overboard or let fall upon any fishing bank or ground, or leave or deposit or cause to be thrown, left or deposited, upon the shore, beach or bank of any water, or upon the beach between high and low water mark, inside of any tidal estuary, or within two hundred yards of the mouth of any salmon river, remains or offal of fish, or of marine animals, or leave decayed or decaying fish in any net or other fishing apparatus: Provided that Proviso as to such remains or offal may be buried ashore, beyond high water disposal of mark, and that at establishments situated inside of the mouths of rivers for carrying on deep-sea fisheries, the same may be dropped into perforated boxes or inclosures built upon the beach, or under stage-heads, in such manner as to prevent the same from being floated or drifted into the streams, or may be disposed of in such other manner as any fishery officer prescribes.

offal.

2. No person shall cause or knowingly permit to pass into, or Lime, etc., put or knowingly permit to be put, lime, chemical substances prohibited. or drugs, poisonous matter, dead or decaying fish, or remnants thereof, mill rubbish or sawdust or any other deleterious substance, in any water frequented by any of the kinds of fish mentioned in this Act. R.S., c. 95, s. 15; 58-59 V., c. 27, s. 1.

REGULATIONS.

Council may make fishery

54. The Governor in Council may, from time to time, make Governor in regulations,(a) for the better management and regulation of the sea-coast regulations. and inland fisheries;

[blocks in formation]

(b) to prevent or remedy the obstruction and pollution of streams;

(c) to regulate and prevent fishing;

(d) to prohibit the destruction of fish; and,

(e) to forbid fishing except under authority of leases or licenses.

Publication. 2. Such regulations shall take effect from the date of the publication thereof in the Canada Gazette, and shall have the same force and effect as if herein enacted, notwithstanding that such regulations extend, vary or alter any of the provisions of this Act respecting the places or modes of fishing or the times specified as prohibited or close seasons, and may fix such other modes, times and places as are deemed by the Governor in Council adapted to different localities, or otherwise expedient. 3. Every offence against any regulation made under this Act may be stated as in violation of this Act. R.S., c. 95, s. 16.

Offences against regulations.

Fishery offi

cer may con

POWERS OF FISHERY OFFICERS AND OTHER JUSTICES.

55. Any fishery officer or other justice of the peace may, viet on view. on view, convict of any of the offences punishable under the provisions of this Act, and may remove instantly and detain any materials unlawfully in use. R.S., c. 95, s. 17.

Search may

be made or authorized

under warrant.

In what locality

offence may

be prose

cuted.

Entry by fishery officer.

Disputes,

how settled.

Gurry grounds.

Certain officer to

56. Any fishery officer or other justice of the peace may search, or grant a warrant to search, any vessel or place where there is reason to believe that any fish taken in violation of this Act, or anything used in violation thereof, is concealed. R.S., c. 95, s. 17.

57. If any offence under this Act, is committed in, upon or near any waters forming the boundary between different counties or districts, or fishery districts, such offence may be prosecuted before any justice of the peace in either of such counties or districts, or before the fishery officer for either fishery district. R.S., c. 95, s. 17.

58. In the discharge of his duties any fishery officer, or other person or persons accompanying him or authorized to such effect, may enter upon and pass through or over private property without being liable to trespass. R.S., c. 95, s. 17.

59. Disputes between persons relative to fishing limits or claims to fishery stations, or relative to the position and use of nets and other fishing apparatus, shall be settled by the local fishery officer. R.S., c. 95, s. 17.

60. Gurry grounds may be designated or defined by any fishery officer. R.S., c. 95, s. 17.

61. Any fishery officer, stipendiary magistrate, or commissioned officer of His Majesty's navy, on board of any vessel belonging

728

of a justice

belonging to or chartered by the Government of Canada, em- have powers ployed in the service of protecting fisheries, and every commis- of the peace. sioned officer of His Majesty's navy serving on board of any vessel cruising and being in the waters, harbours or ports of Canada, shall, for the purpose of affording protection to His Majesty's subjects engaged in the fisheries, and of enforcing any laws relating to such fisheries, exercise the powers of a justice of the peace, without property qualification, and without taking any oath of office, in all the waters, harbours or ports, and on all the coasts of Canada where, for the time being and for the purposes above described, they are so engaged. R.S., c. 95, s. 17.

dealt with.

62. Property seized by any fishery officer, stipendiary magis- Property trate or naval officer, acting as aforesaid, may be removed for seized, how disposal to the nearest or most convenient port where any revenue officer or other public officer empowered to deal with the matter resides. R.S., c. 95, s. 17.

officers, etc.,

prisoners.

of prisoners.

63. Whenever it is impracticable for any fishery officer, Powers of stipendiary magistrate or naval officer, acting in such capacity, as to detento cause any prisoner to be-conveyed to, and committed to the tion of nearest common gaol, he may detain him on board of the vessel, or transfer him to another vessel for conveyance to and delivery. at the most convenient place, and with all convenient despatch, where he can be duly committed into the custody of the sheriff or other officer of the county or district in which the common gaol is situated to which he is ordered to be committed; and Conveyance until such prisoner is so delivered into the immediate custody of any sheriff or gaoler the fishery officer, stipendiary magistrate or naval officer having him in charge, shall have, in all places through which it is necessary to convey such prisoner, the same authority and power in regard to such prisoner, and to command the aid of any of His Majesty's subjects in preventing his escape, or in retaking him in case of escape, as any county or district sheriff or peace officer has while lawfully conveying a prisoner from one part of his own district to another. R.S., c. 95, s. 17.

64. Every such offence shall be deemed to have been com- Where the mitted in the county or district to the common gaol of which offence shall the commitment has been actually made. R.S., c. 95, s. 17.

GENERAL.

be held to have been committed.

65. The Minister may authorize to be set apart, or to be Lease of leased, any river or other water for the natural or artificial waters for propagation of fish. 57-58 V., c. 51, s. 10.

propagation of fish.

licensees in

66. Lessees or licensees of fisheries shall have no claim to Lessees or renewal of leases or licenses if in arrears of rent or percentage arrears, etc. 729

during

Special licenses for

during four months after the same is due, and any lessee or licensee convicted of a violation of this Act, or any regulation under it, shall be liable to forfeit his lease or license. R.S., c. 95, s. 21.

67. Special licenses and leases for any term of years may oyster beds. be granted to any person who wishes to plant or form oyster beds in any of the bays, inlets, harbours, creeks or rivers, or between any of the islands on the coast of Canada; and the holder of any such lease or license shall have the exclusive right to the oysters produced or found on the beds within the limits of such lease or license. R.S., c. 95, s. 21.

Minister

may author

68. The Minister may authorize to be expended annually ize expendi- any sum appropriated by Parliament, for,

ture for oyster beds.

As to right

to use vacant public property for fishing purposes.

As to taking bait.

(a) the formation of oyster beds in various waters and places found adapted for that purpose; and,

(b) transplanting oysters and restocking exhausted fisheries by natural or artificial means; and,

(c) improving streams where natural obstructions exist; and may authorize the construction, erection or placing of any artificial barrier or grating in any stream or river, or in any watercourse, and in the channels or beds thereof. R.S., c. 95, s. 21.

69. Every subject of His Majesty may use vacant public property, such as by law is common and accessory to public rights of fishery and navigation, for the purposes of landing, salting, curing and drying fish, and may cut wood thereon for such purposes, and no other person shall occupy the same station unless it has been abandoned by the first occupant for twelve consecutive months; and at the expiration of that period any new occupier shall pay the value of flakes and stages and other property thereon, of which he takes possession, or the buildings and improvements may be removed by the original owner.

2. All subjects of His Majesty may take bait or fish in any of the harbours or roadsteads, creeks or rivers, subject to the provisions of this Act respecting the leasing or licensing of fisheries and fishing stations.

3. No property leased or licensed shall be deemed vacant. R.S., c. 95, s. 22.

Boats to be provided

with necessaries for

their crew,

PROTECTION OF FISHERMEN.

70. No dory, flat, whaler or other boat whatsoever shall set out from any vessel engaged in deep-sea or bank fishing, or be launched therefrom for the purpose of fishing with hooks when on fish and lines, trawls or other similar appliances, or with intent that the same shall be used in so fishing, or for the purpose 730

ing cruises.

of

« ПретходнаНастави »