:u tNIORt JMINT 



each day or part of a day during which such notice is 

 not cotiiphcd with is i-uilly of an olVciico ami habic 

 on summary conviction to a fine ot not excccilmg 

 $5,000 lor each day or part of a day during which 

 such notice is not coniphcil with" (sic). Ilic ambigu- 

 ity created by what is apparently a drafting error 

 makes it impossible to ensure convictions under this 

 section. 



iii) Section 54, which deals with the use of rix:kets and 

 explosives to hunt tor or kill fish, exacts a fine of 

 between $100 and $300, or imprisonment of not less 



Tabic 16-5 Penalties under the Fisheries Act 

 s<.t.li<Hi iiifrjction 



than three months and not more than six months. 

 Ihis means that if a judge wanted to give an 

 offender a heavier sentence than a $3(X) fine, he 

 would have no option but to .sentence him to at least 

 three months in prison. 



iv) Most fines for illegal fishing are imposed under sec- 

 tion 61, which stipulates a maximum fine of $5,000. 

 However, this general provision does not distinguish 

 between illegal fishing with commercial gear, which 

 could wipe out a fish stock (for example, "creek rob- 

 bing"), from failure of a sport fisherman to meet the 

 size limit on a crab. 



habitat and deleterious sulKtancc penalties 



31(3) 



33(5Ka) 



33(5Kb) 



33.4<IHa), 

 (b)and(c) 



33.4<IKd). 

 (e)and(n 



33.4<IKg) 

 other penalties 



38 



50 



51(1) 

 52 



54 



55 

 56 



58(1) 

 58(5) 



61(1) 

 63 



damaging fish habitaf 



throwing deleterious substances overboard or depositing slash, stumps, etc. in streams'" 



depositing deleterious substances into water frequented by fish 



failing to provide information to the Minister about a work or undertaking that results in the 

 deposit of a deletenous substance or damage to fish habitat, or failing to report the deposit of a 

 deleterious substance 



carrying out such a work or undertaking contrary to information submitted to the Minister or 

 contrary to any order of the Minister, failing to take reasonable measures to prevent or 

 mitigate the deposit of a deleterious substance or to comply with an order specifying such 

 action. 



obstructing an inspector or providing false information to an inspector 



interfering with fishery ofTicer in execution of duty 



failure of owners and managers of lobster factories or carmeries to provide certain information 

 to the Minister 



fishing with an otter trawl without a licence 



refusal to provide fishways or diverters around an obstruction in a stream where required by 

 the Minister 



using rockets or explosives to fish 



failing to provide screens on water intakes 

 damaging fish propagation facility or fishing there 



using vessel or equipment contrary to Act or regulations 



conviction for any offence under the Act or regulations, where vessel, equipment or fish have 

 been seized 



contravening any provision of the Act or regulations, where specific penalty is not provided 



fishery officer or guardian violating the Fisheries Act or regulations 



$25,000 



$25,000 



$ 50,000 



$ 50,000 



$100 or six months' imprisonment 

 with hard labour 



at least $ 100. but not more than 

 $400 



at least $100. but not more than 

 $2000 and court costs 



at least $4 but not more than 



$20 per day, and not more than 



$5000/day' 



at least $100 and court costs or 3 



months" imprisonment, but not 



more than $500 and court costs or 



6 months' imprisonment. 



$5,000 per day 



at least $50, but not more than 

 $200 and court costs; in default of 

 payment, at least 6 months' but 

 not more than 12 months' 

 imprisonment; or both fine and 

 imprisonment 



seizure of vessel, equipment or fish 



forfeiture to the Crown of the 

 vessel, equipment or fish, or of the 

 proceeds of sale of them 



$5,000 or 12 months' 

 imprisonment or both 



at least $100 and court costs or 3 

 months' impnsonment, but not 

 more than $500 and court costs or 

 6 months' impnsonment 



' On indictment, unlimited fine or two years' impnsonment. 



*■ The courts have declared the offence prohibiting the deposit of slash, stumps, etc. to be beyond the power of Parliament, so this penalty is not 



available. 

 ' There appears to be a drafting error in this section. 



