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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1139/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1139/96

Aquaculture Regulations
under the
Aquaculture Act
(O.C. 96‑939)

Under the authority of section 11 of the Aquaculture Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Fee

        4.   Identification of sites

        5.   Confidential information

        6.   Repeal


Short title

        1. These regulations may be cited as the Aquaculture Regulations.

113/88 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Aquaculture Act;

             (b)  "aquaculture licence" means a licence issued under the Aquaculture Act;

             (c)  "licensee" means a person to whom an aquaculture licence is issued; and

             (d)  "registrar" means the Registrar of Aquaculture appointed under the Aquaculture Act.

113/88 s2

Fee

        3. (1) The annual fee for an aquaculture licence shall be prescribed by the minister.

             (2)  An aquaculture licence is not transferable.

             (3)  An aquaculture licence shall expire on the last day of the calendar year in which it is issued.

113/88 s3

Identification of sites

        4. For the purpose of identification of aquaculture sites, which are covered by water, the licensee shall

             (a)  place yellow corner buoys of minimum diameter of 0.6 metres at all corners and orange buoys of 0.4 metres minimum diameter at intervals not exceeding 100 metres, unless those intervals are already marked by yellow corner buoys;

             (b)  place the mooring lines of the buoys in paragraph (a) so that they normally extend up vertically to conform to the boundaries of the site;

             (c)  mark each yellow corner buoy in an indelible manner with the name, licence number and lease number of the licensee; and

             (d)  make notification to the minister not less than 5 days before the submerging of aquaculture lines, buoys and equipment for the winter season.

113/88 s4

Confidential information

        5. (1) The Registrar of Aquaculture shall regard as confidential and refuse access to members of the public to information which

             (a)  describes unique trade practices or technology used by a licensee, unless those trade practices or technology are protected by patent, copyright or industrial design; or

             (b)  describes information concerning the financial backing, obligations or performance of an aquaculture facility or an aquaculture enterprise.

             (2)  The Registrar of Aquaculture shall only regard information as confidential and refuse access to members of the public to that information if a request for a designation of confidentiality is made in writing by the licensee with the submission of the information.

             (3)  The Registrar of Aquaculture shall only regard information concerning unique trade practices or technology as confidential for 3 consecutive calendar years.

             (4)  The Registrar of Aquaculture shall release information referred to in subsection (1) to a person who is authorized to receive the information by the written consent of the licensee.

113/88 s5

Repeal

        6. The Aquaculture Regulations, 1988, Newfoundland Regulation 113/88, are repealed.