Possession of untagged salmon
57(1)Every person who has in his possession anywhere in the Province an Atlantic salmon, or any portion thereof, to which there is not affixed a tag as prescribed under this Act and the regulations or under the
Fisheries Act (Canada) and the regulations under that Act, commits an offence unless
(a)
the person has lawfully removed the tag pursuant to the
Fisheries Act (Canada) and the regulations under that Act;
(b)
the portion of salmon has lawfully been purchased by the person for his own consumption from a licensee under the
Fisheries Act (Canada) and the regulations under that Act at a retail sale, having been cut at the request of that person from a salmon, or portion of a salmon, that was tagged under the
Fisheries Act (Canada) and the regulations under that Act;
(c)
the portion of salmon has been given to the person by a licensed angler, having been cut from an Atlantic salmon, or portion thereof, that was tagged pursuant to this Act and the regulations;
(d)
the portion of salmon has been given to the person by any other person, having been cut from an Atlantic salmon, or portion thereof, that was tagged pursuant to this Act and the regulations or pursuant to the
Fisheries Act (Canada) and the regulations under that Act;
(e)
the portion of salmon has been cut from an Atlantic salmon that is not required to be tagged pursuant to this Act or the
Fisheries Act (Canada) and the regulations under that Act;
(f)
the person is in the course of preparing the salmon or portion thereof to be consumed as a meal;
(g)
the salmon or portion thereof is in a sealed container prescribed by regulation that has been sealed outside the Province;
(h)
the person is a common carrier who is operating within the Province pursuant to the laws of the Province or of Canada and who is in possession of way bills or bills of lading with respect thereto showing the name and address of the shipper and of the consignee, the address from which the shipment originated and the address of destination;
(i)
the person is engaged in the enforcement of this Act and the regulations or the
Fisheries Act (Canada) and regulations;
(j)
possession thereof has otherwise been authorized by the Minister, the Minister of Agriculture, Aquaculture and Fisheries or the Minister of Fisheries and Oceans for Canada;
(k)
the salmon or portion thereof was lawfully taken by angling and lawfully in his possession in another jurisdiction.
57(2)On a prosecution with respect to an offence under subsection (1) the onus is on the accused to prove any exception set out in paragraphs (
a) to (
k), and where possession is alleged by way of defence resulting from a gift or purchase referred to therein, the defence shall not be entertained by the court unless the accused names the person from whom the salmon or portion thereof was received by gift or purchase.
1983, c.33, s.17; 1988, c.12, s.2; 1997, c.1, s.16; 2000, c.26, s.135; 2007, c.10, s.40; 2010, c.31, s.54; 2017, c.63, s.24; 2019, c.2, s.62; 2019, c.12, s.11