FISHERIES BY-LAW QUALICUM BAND BY-LAW NO. 3. A BY-LAW FOR THE PRESERVATION, PROTECTION AND MANAGEMENT OF FISH ON THE RESERVE. The Qualicum Band Council enacts as follows: i 1. In this By-law unless the context otherwise requires: (a) "Qualicum Indian Bands Waters" means all water situates upon or within the boundaries of the Reserve set aside for the use and benefit of the Qualicum Band of Indians. (b) "Fish" includes shellfish, crustaceans and marine animals. [ i t * (c) "Fishery" includes the area, locality, place or station in or on which a pound, seine, net, weir or other fishing appliance is used, set, placed, or ^located and the area, • tract or -stretch of water in or from which fish may be' taken b y the said pound, seine, net, wéir or other fishing appliance, and also the pound, seine, net, weir or other fishing appliance used in connection therewith. (d) "Fishing" means fishing for or catching fish by any method. (e) "Band Council" means the council of the Qualicum '~*Band of Indians. (f) "Manager" means that person so appointed by the Band Council. 2. This By-law applies over all Qualicum Indian Band Waters. 3. Band Council may appoint fishery officers whose acts and duties are defined by this by-law and amendments hereto and whose titles are as specified in their appointments. 4. Salmon fry, parr and smolt shall not at any time be fished for, caught or killed, and no salmon or grilse of less weight than three pounds shall be caught or killed, other than by angling with hook and line. 5. No person other than a member of the Qualicum Band of Indians shall engage in fishing upon Qualicum Indian Band Waters
2 6. Members of the Qualicum Band of Indians shall be permitted bo engage in fishing upon Qualicum Indian Band waters at any time and by any means except by the use of rockets, explosive materials, projectiles or shells. 7. Any fishery officer appointed hereunder may direct, either in writing or orally on sight, that nets or other fishing apparatus be reduced in size to occupy less than one-third (1/3) of any stream or the river. 8. Where unused slides, dams, obstructions or anything detrimental to fish exist, and the owner or occupier thereof does not, after notice given by the Band Council to remove same, or if the owner is not resident in Canada, or his exact place of residence is unknown to the Band Council, the Band Council may, without being liable to damages, or in any way to indemnify the said owner or occupier, cause such slide, dam obstruction, or thing detrimental to fish life to be removed or destroyed and in cases where notice has been given to the owner or occupier, may recover from the said owner or .occupier the expense of so removing or destroying the same. 9. Every person using stakes, posts, buoys or other materials placed for fishing purposes in any water shall remove the same within forty-eight (48) hours after ceasing to use them. 10. One-third (1/3) of the width of the river or any stream, and not less than two-thirds (2/3) of the width of the main channel at low tide, in the tidal stream shall be always left open, and no kind of net or other fishing apparatus, logs or any material of any kind shall be used or placed therein. 11. The eggs or fry of fish on the spawning grounds, shall not, at any time, be destroyed. 12. No person shall cause or knowingly permit to pass into, or put or knowingly permit to put lime, chemical substances or drugs, poisonous matter, dead or decaying fish, or remnants thereof, mill rubbish or sawdust or any other deleterious substance or thing, whether the same is of a like character to the substance named in• this section or not, in any water frequented by fish, or that flows into such water. 13. No person engaging in logging, lumbering, land clearing or other operations, shall put or knowingly permit to put, any slash, stumps or other debris into water frequented by fish or that flows into such water, or at a place from which it is likely to be carried into such water. 14. The manager may make regulations for carrying out the purposes and provisions of this by-law and in particular, but
3 without restricting the generality of the foregoing, may make regulations : (a) for the proper management and control of fisheries; (b) respecting the conservation and protection of fish; j (c) respecting the catching, loading, landing, handling, transporting, possession and disposal of fish; (d) respecting the operation of fishing vessels; (e) respecting the use of fishing gear and equipment; (f) respecting the obstruction and pollution of any waters frequented by fish; (g) respecting the conservation and protection of spawning grounds; (h) prescribing the powers and duties of persons engaged or employed in the administration or enforcement of this by-law and providing' for the carrying out of those duties and powers; (i) authorizing a person engaged or employed in the administration or enforcement of this by-law to vary any closed time or fishing quota that has been fixed by the regulations. 15. Any-fishery officer appointed hereunder may enforce the provisions of this by-law or any regulation made hereunder. 16. Everyone who violates or prepares to violate any provisions of this by-law, or any regulation, is guilty of an offense punishable on summary conviction and is liable to a fine of not more than $100.00. 17. When not otherwise specified every proprietor, owner, agent, tenant, occupier, partner or person actually in charge, either as occupant or servant, shall be deemed to be jointly and severelly liable for any of this by-law or of any regulation. 18. Penalties incurred under this by-law or amendments hereto shall be sued for within two years from the commission of the offence. 19. Except insofar as in this by-law is otherwise specifically provided all penalties and forfeitures incurred tinder this by-law or amendments hereto are recoverable and enforceable by summary proceedings taken under the provisions of the Criminal Code relating to summary convictions.
4 20. Should any violation of this by-law or of any regulations continue for more than one day then each day during which such violation continues constitutes a separate offence and may be punished as such. 21. This by-law may be cited for all purposes as "Fishing By-Law, 1980, No. 3". Considered and passed by the Qualicum Band Council on the 26th day of June, 1980. Arnold P C . h »— i David J C . o u R n e c i i d llor R e e f calma Margaraf C c o u K n a c g i a l lm l a or
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.