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Newfoundland and Labrador
Regulation 2005


NEWFOUNDLAND AND LABRADOR REGULATION 56/05

NEWFOUNDLAND AND LABRADOR
REGULATION 56/05

Aquaculture Regulations (Amendment)
under the
Aquaculture Act
(O.C. 2005-401)

(Filed July 12, 2005)

Under the authority of section 11 of the Aquaculture Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, July 6, 2005.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.2.1 Added
Exemption

        3.   S.3 Amdt.
Fee

        4.   S.4 Amdt.
Identification of sites

        5.   S.4.1 Added
Prohibition


CNLR 1139/96

        1. (1) Paragraph 2(c) of the Aquaculture Regulations is amended by deleting the word "and" and by adding immediately after that paragraph, the following:

          (c.1)  "low water mark" means the ordinary low water mark of water reached during cyclical tides;

          (c.2)  "mooring system" in the Act and under these regulations means the method by which aquaculture gear at an aquaculture facility is attached so that it remains at its intended location and includes those cables, chains, ropes, anchors or weights that may be necessary to that attachment;

             (2)  Paragraph 2(d) of the regulations is amended by deleting the period and substituting a semi colon and the word "and".

             (3)  Section 2 of the regulations is amended by adding immediately after paragraph (d) the following:

             (e)  "shore fastened mooring system" in the Act and under these regulations means a mooring system that has mooring lines attached to the shore or anchored to the seabed at a depth of fewer than 2 vertical metres below the low water mark.

 

        2. The regulations are amended by adding immediately after section 2 the following:

Exemption

      2.1 (1) The following are exempted from the application of the Act and these regulations

             (a)  ornamental artificial ponds, tanks and aquariums on private property where aquatic organisms are held but are not intended to become

                      (i)  food for human consumption, or

                     (ii)  brood stock to supply aquatic organisms to other aquaculture facilities;

             (b)  holding tanks for aquatic plants or animals in a retail food store; and

             (c)  a pond, tank or other onshore facility owned or operated by the

                      (i)  Memorial University established under the Memorial University Act,

                     (ii)  college established under the College Act, 1996.

             (2)  Notwithstanding subsection (1), the movement of an aquatic organism to and from a location referred to in that subsection is subject to section 8 of the Act.

 

        3. Subsection 3(3) of the regulations is repealed and the following substituted:

             (3)  An aquaculture licence shall expire on the date prescribed by the minister on that licence or as directed by the minister.

 

        4. (1) Paragraph 4(a) of the regulations is amended by deleting the word "orange" and substituting the word "yellow".

             (2)  Paragraph 4(c) of the regulations is amended by deleting the words "lease number of the licensee" and substituting the words "Crown lease or licence number issued to the licensee under the Lands Act".

 

        5. The regulations are amended by adding immediately after section 4 the following:

Prohibition

      4.1 (1) A mooring system shall not be installed or in place except in accordance with the approval, in writing, of the Government of Canada under the Navigable Waters Protection Act (Canada).

             (2)  Where a mooring system is not subject to an approval by the Government of Canada under the Navigable Waters Protection Act (Canada), that system shall not be installed or in place except in accordance with the approval, in writing, of an aquaculture inspector.