FISHERIES (ALBERTA) ACT

Chapter F‑16

Table of Contents

                1       Interpretation

Corporation

                2       Agreements

                3       Loans

Fish Marketing

                4       Licence to authorize fish marketing

                5       Corporation buys fish

                6       Restricted sale of fish

                7       Dealing in fish

Licences

                8       Raising, etc. cultured fish

                9       Sale of cultured fish

              10       Fishing licence

              11       Fish not allowed

           11.1       Competitive fishing event

              12       Licence issues

              13       Licence conditions

              14       Term of licence, transferability

              15       Licence suspension, cancellation

           15.1       Refusal to issue licence re maintenance orders

              16       Prohibition

              17       Invalid licence

              18       Licence to be carried

Officers and Guardians

              19       Fishery officers

           19.1       Fishery officers by virtue of appointments to other offices

              20       Fishery guardians

              21       Peace officer

              22       Stopping vehicles, etc.

              23       Licence to be shown

              24       ID to be shown

              25       Entry without warrant

              26       Inspection of licensed premises

              27       Search

              28       Seizure

           28.1       Warrants

Records

              29       Fish records

              30       Records submission

              31       Inspecting records

Fish Health

              32       Health problem

              33       Quarantine

Enforcement

              34       Offences

              35       Penalty

              36       Offences by corporate officers, etc.

              37       Offences by employees

              38       Offences by licence holders

              39       Burden of proving licence

              40       Confiscation

              41       Limitation period

           41.1       Offence exemption

General

              42       Liability exemption

        43,44       Regulations

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation

1(1)  In this Act,

                                 (a)    “bait fish” means fish defined in the regulations as bait fish for the purposes of this Act;

                                 (b)    “commercial fisher”

                                           (i)    means the holder of a licence under this Act that authorizes fishing for commercial purposes for fish other than bait fish or cultured fish;

                                          (ii)    for the purposes of sections 5, 6 and 7 means commercial fisher as defined in subclause (i) and includes a holder of a licence not issued under this Act that authorizes fishing for commercial purposes in Saskatchewan, Manitoba, Ontario or the Northwest Territories;

                              (b.1)    “competitive fishing” means competitive fishing as defined in the regulations for the purposes of this Act;

                              (b.2)    “competitive fishing event” means a competitive fishing event as defined in the regulations for the purposes of this Act;

                              (b.3)    “competitive fishing event participant” means a competitive fishing event participant as defined in the regulations for the purpose of this Act;

                                 (c)    “contained waters” means contained waters as defined in the regulations for the purposes of this Act;

                                 (d)    “Corporation” means the Freshwater Fish Marketing Corporation established under the Freshwater Fish Marketing Act (Canada);

                                 (e)    “cultured fish” means fish defined in the regulations for the purposes of this Act as cultured fish and includes freshwater‑dwelling invertebrates defined in the regulations as cultured fish;

                                  (f)    “fish” means fish as defined in the Fisheries Act (Canada) except for those species excluded by the regulations for the purposes of this Act;

                               (f.1)    “fish handling facility” means a fish handling facility as defined in the regulations for the purposes of this Act;

                                 (g)    “fishery” means fishery as defined in the Fisheries Act (Canada);

                                 (h)    “fishery guardian” means a fishery guardian appointed under this Act;

                                  (i)    “fishery officer” means a fishery officer appointed under this Act;

                                  (j)    “fishing” means fishing as defined in the Fisheries Act (Canada);

                               (j.1)    “game fish” means game fish as defined in the regulations for the purposes of this Act;

                                 (k)    “licence” means a licence issued under this Act;

                                  (l)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

                                (m)    “prescribed waters” means waters established by the regulations for the propagating, keeping or rearing of cultured fish;

                                 (n)    “processing” includes icing, packing, cleaning, filleting, freezing, smoking, salting, canning, cooking, pickling, drying or preparing fish for market in any other manner;

                                 (o)    “prohibited waters” means waters established by the regulations as prohibited waters;

                                 (p)    “restricted waters” means waters established by the regulations as restricted waters for the purposes of propagating, keeping or rearing cultured fish;

                                 (q)    “sportfishing” means angling or fishing with a bow and arrow, a spear, a dip net, a seine net or a minnow trap;

                                  (r)    “sportfishing guide” means a person who assists another person to sportfish.

(2)  In this Act, a reference to “this Act” includes the regulations made under this Act.

RSA 2000 cF‑16 s1;2001 c8 s2

Corporation

Agreements

2   Subject to the approval of the Lieutenant Governor in Council, the Minister, on behalf of the Government of Alberta, may enter into an agreement with the Government of Canada

                                 (a)    providing for the administration of licensing of fisheries within Alberta,

                                 (b)    providing for the management of fisheries, the use of fish, or other activities involving or affecting fisheries within Alberta,

                                 (c)    providing for the administration of the Fisheries Act (Canada),

                                 (d)    providing for any or all aspects of promotion, processing, control and regulation of the marketing of fish within Alberta,

                                 (e)    providing for the appointment of the Corporation as the exclusive primary purchaser and distributor of fish within Alberta and for the vesting in it of all powers necessary for or incidental to intraprovincial marketing of fish, and

                                  (f)    providing an undertaking to share any losses incurred by the Government of Canada as guarantor for the repayment of principal and interest on loans made to the Corporation, but the Government of Alberta’s contribution shall not exceed 5% of the aggregate amount outstanding at any time.

1992 cF‑12.2 s2

Loans

3   The Lieutenant Governor in Council may authorize the Minister to pay to the Government of Canada any sums of money that by the terms of an agreement the Government of Alberta is obligated to contribute in sharing losses incurred as a result of any loan advanced to the Corporation.

RSA 2000 cF‑16 s3;2006 c23 s33

Fish Marketing

Licence to authorize fish marketing

4   No person shall buy or sell fish caught under the authority of a licence under this Act or the Fisheries Act (Canada) unless the licence authorizes buying or selling the fish.

1992 cF‑12.2 s4

Corporation buys fish

5   When the Corporation enters into an agreement with the Minister to serve as a primary purchaser and distributor of fish within Alberta, the Corporation

                                 (a)    has the exclusive right within Alberta to buy from a commercial fisher all fish caught by the commercial fisher and to distribute and market the fish by itself and by its agents, and

                                 (b)    shall buy from any commercial fisher all lawfully caught fish that are offered for sale by the commercial fisher on the terms and conditions and for the price agreed on by the Corporation and the commercial fisher subject to any applicable scheme for payment established and operated by the Corporation.

1992 cF‑12.2 s5

Restricted sale of fish

6(1)  When there is an agreement entered into under section 5,

                                 (a)    no person shall sell, agree to sell or offer to sell fish caught by a commercial fisher to any person other than the Corporation or its agent,

                                 (b)    no person shall purchase or agree to purchase fish caught by a commercial fisher from any person other than the Corporation or its agent, and

                                 (c)    no commercial fisher shall dispose of any fish that the commercial fisher catches to or through any person operating directly or indirectly a retail or wholesale outlet or restaurant, or through any other business outlet other than the Corporation or its agent.

(2)  Notwithstanding subsection (1), a commercial fisher may market fish that the commercial fisher catches directly to a purchaser for consumption by the purchaser or the purchaser’s family.

(3)  A person who buys fish under subsection (2) may not sell that fish.

(4)  The Corporation may exempt any person from subsection (1).

(5)  Subsection (1) does not apply with respect to fish after they have been bought by the Corporation or its agent.

1992 cF‑12.2 s6

Dealing in fish

7(1)  When there is an agreement under section 5, a wholesale or retail outlet shall not buy, sell or have in its possession any fish caught by a commercial fisher unless the fish were purchased from the Corporation or its agent.

(2)  When there is an agreement under section 5, no person shall buy, sell or otherwise deal in fish caught by a commercial fisher unless, in addition to any exemption granted by the Corporation, the person holds a licence under this Act that authorizes the buying, selling or dealing.

(3)  Notwithstanding subsections (1) and (2), a person may buy fish caught by a commercial fisher from the commercial fisher for consumption by the person or the person’s family, but the person may not sell that fish.

1992 cF‑12.2 s7

Licences

Raising, etc. cultured fish

8(1)   No person shall propagate, rear or keep alive cultured fish or sell cultured fish unless the person holds a licence for that purpose.

(2)  Subject to the regulations, a person may propagate, rear or keep alive cultured fish

                                 (a)    in prescribed, restricted or contained waters, or

                                 (b)    in prohibited waters if the person holds a licence that specifically authorizes it.

1992 cF‑12.2 s8

Sale of cultured fish

9(1)  The requirement to have a licence to sell cultured fish does not apply in the case of dead cultured fish that have been sold by a licensee.

(2)  No person shall sell live cultured fish unless the purchaser holds a licence to propagate, rear or keep cultured fish.

1992 cF‑12.2 s9

Fishing licence

10(1)  Subject to any exemption provided in this Act or the Fisheries Act (Canada), no person shall engage in fishing unless the person holds a licence under this Act for that purpose.

(2)  Subsection (1) does not apply to a person who engages in fishing under the authority of a licence issued pursuant to the Fisheries Act (Canada) that authorizes fishing for subsistence purposes.

(3)  A commercial fisher who catches fish pursuant to a licence shall pay a royalty to the Crown if required to do so by the regulations.

1992 cF‑12.2 s10

Fish not allowed

11(1)  A person shall not place fish in, keep fish in or allow fish to enter water unless the person holds a licence for that purpose.

(2)  Subsection (1) does not apply

                                 (a)    to lawfully kept cultured fish,

                                 (b)    to fish, other than cultured fish or game fish, that are placed or kept in contained waters in accordance with the regulations,

                                 (c)    if the activity is authorized by the regulations, or

                                 (d)    if the fish are released back into the water from which they were taken.

RSA 2000 cF‑16 s11;2001 c8 s3

Competitive fishing event

11.1(1)  Subject to subsection (2), no person shall advertise, organize, hold or operate a competitive fishing event without holding a licence that authorizes the event.

(2)  Subsection (1) does not apply to

                                 (a)    a category of competitive fishing event exempted by the regulations from requiring a licence, or

                                 (b)    a person who assists the holder of a competitive fishing event licence in carrying out the licence holder’s duties and powers under the licence.

(3)  A competitive fishing event participant in a competitive fishing event for which a licence is required is subject to the terms and conditions of that licence insofar as they are applicable to the participant.

2001 c8 s4

Licence issues

12(1)  The Minister or a person authorized by the Minister may issue licences with respect to fish research, sportfishing, cultured fish and commercial fishing and other licences in accordance with the regulations to persons who meet the requirements of the regulations and who pay the required fees.

(2)  The Minister may provide remuneration to persons authorized by the Minister to sell licences in a manner and in an amount the Minister considers appropriate, from the proceeds of their sales.

(3)  The remuneration is to be treated as being paid out of the General Revenue Fund.

1992 cF‑12.2 s12

Licence conditions

13(1)  Subject to the regulations, the Minister may

                                 (a)    limit the number and type of licences to be issued, and

                                 (b)    if the number of licences is limited, establish how the licences are to be allocated.

(2)  Subject to the regulations, the Minister may include terms and conditions in a licence.

(3)  Subject to the regulations, the Minister may alter the terms or conditions of a licence.

1992 cF‑12.2 s13

Term of licence, transferability

14(1)  Unless otherwise specified on a licence, the licence expires on March 31 following the date of its issue.

(2)  A licence is not transferable except in accordance with the regulations.

1992 cF‑12.2 s14

Licence suspension, cancellation

15(1)  A fishery officer may suspend or cancel a licence if the fishery officer believes, on reasonable and probable grounds, that the licence holder has contravened the terms or conditions of the licence or this Act when acting pursuant to the licence.

(2)  A person whose licence is suspended or cancelled may, by written notice, appeal to an Assistant Deputy Minister designated by the Minister.

(3)  A person whose licence is suspended or cancelled shall not carry out any activity pursuant to that licence while the suspension or cancellation is in effect.

(4)  The Assistant Deputy Minister, on holding a hearing, may uphold the suspension or cancellation or reinstate the licence.

(5)  If the non‑compliance under subsection (1) is the subject‑matter of a conviction and the court does not suspend or cancel the licence under section 35(3), the licence is deemed to be reinstated.

1992 cF‑12.2 s15

Refusal to issue licence re maintenance orders

15.1(1)  In this section, “Director” means the Director of Maintenance Enforcement appointed under the Maintenance Enforcement Act.

(2)  If the Director notifies the Minister pursuant to section 22.1(2) of the Maintenance Enforcement Act, the Minister shall, in respect of the debtor named in the notice, refuse to issue a licence under this Act that authorizes sportfishing except as permitted by the Director under section 22.1(3) of the Maintenance Enforcement Act until the Director withdraws the notice or notifies the Minister that the maintenance order has been withdrawn.

2004 c18 s29

Prohibition

16(1)  A person who is not eligible to hold a licence shall not apply for, obtain or hold a licence or a document that, but for that ineligibility, would be a licence.

(2)  If a document purporting to be a licence is issued to a person who is not eligible to hold it, the document is void as a licence.

(3)  A person shall not knowingly possess a document that is void by virtue of subsection (2).

1992 cF‑12.2 s16

Invalid licence

17   A licence is not valid if

                                 (a)    it has not been signed by the person or persons to whom it is issued, or in the case of a corporation being issued a licence, by a person eligible to sign on behalf of the corporation,

                                 (b)    it contains false or misleading information provided by the licensee, or

                                 (c)    it has been altered other than in accordance with this Act.

1992 cF‑12.2 s17

Licence to be carried

18(1)  Subject to subsection (2), a licence holder or a person authorized by or under a licence to conduct activities pursuant to a licence shall, while carrying out those activities, carry

                                 (a)    the licence, if the person is the licence holder, or

                                 (b)    if the person is a person other than the licence holder, an instrument, as provided for in the regulations, indicating that the person is authorized by or under a licence to conduct the activities pursuant to a licence.

(2)  Subsection (1) does not apply to a person who assists the holder of a competitive fishing event licence to carry out activities pursuant to that licence.

(3)  The holder of a competitive fishing event licence must give notice, as provided for in the regulations, to each competitive fishing event participant of the terms and conditions of the licence that apply to the participant.

RSA 2000 cF‑16 s18;2001 c8 s5

Officers and Guardians

Fishery officers

19(1)  The Minister may appoint fishery officers for the purpose of administering this Act.

(2)  Repealed 2002 c30 s8.

RSA 2000 cF‑16 s19;2002 c30 s8

Fishery officers by virtue of appointments to other offices

19.1   The following individuals are fishery officers by virtue of their appointments to the offices respectively referred to, namely individuals appointed as

                                 (a)    members of the Royal Canadian Mounted Police,

                                 (b)    conservation officers, under section 1 of Schedule 3.1 to the Government Organization Act, and

                                 (c)    forest officers, under section 2 of the Forests Act.

2002 c30 s8

Fishery guardians

20(1)  The Minister may appoint fishery guardians for the purpose of administering this Act.

(2)  A fishery guardian has the powers and duties of a fishery guardian provided by this Act that the Minister directs.

1992 cF‑12.2 s20

Peace officer

21(1)  A fishery officer or fishery guardian, while administering this Act, is a person employed for the preservation and maintenance of the public peace.

(2)  Notwithstanding subsection (1), a fishery guardian shall not exercise the powers of arrest given to a peace officer by section 495 of the Criminal Code (Canada).

1992 cF‑12.2 s21

Stopping vehicles, etc.

22(1)  A fishery officer may, for the purpose of ensuring that this Act is complied with, signal or otherwise require a person operating a vehicle, aircraft or boat or other watercraft to stop the vehicle, aircraft or boat or other watercraft forthwith or to move it to a particular place and then stop the vehicle, aircraft or boat or other watercraft.

(2)  A person operating a vehicle, aircraft or boat or other watercraft shall forthwith comply with a signal or requirement made under subsection (1) and shall not proceed until the end of a period of time reasonably necessary to enable the officer to conduct any lawful inquiries.

(3)  This section does not apply to an aircraft that is in flight.

1992 cF‑12.2 s22

Licence to be shown

23(1)  If a fishery officer or fishery guardian believes, on reasonable and probable grounds, that a person is or has been undertaking an activity for which a licence is required by this Act, the officer or guardian may require that person to produce

                                 (a)    a licence authorizing that activity, or

                                 (b)    if the person is a person referred to in section 18(b), the instrument referred to in that section.

(2)  When an officer or guardian requires a person to produce anything under this section, that person shall forthwith produce it to the officer or guardian.

1992 cF‑12.2 s23

ID to be shown

24   While exercising powers and performing duties under this Act, a fishery officer and a fishery guardian shall, on request, produce identification in accordance with the regulations and provide advice on the officer’s and guardian’s powers and duties under this Act.

1992 cF‑12.2 s24

Entry without warrant

25   For the purpose of administering this Act, a fishery officer or fishery guardian may, without a warrant, enter on or pass over land.

1992 cF‑12.2 s25

Inspection of licensed premises

26(1)  A fishery officer or fishery guardian may, without a warrant, enter a place to which a licence applies during regular business hours to ensure that the requirements of this Act are complied with.

(2)  For the purpose of carrying out an inspection, the fishery officer or fishery guardian may

                                 (a)    open any container that the officer or guardian believes on reasonable and probable grounds contains any fish or other thing to which this Act or the regulations apply,

                                 (b)    examine any fish or other thing to which this Act applies that the officer or guardian finds and take samples of the fish, and

                                 (c)    conduct any tests or analyses and take any measurements.

(3)  The owner or person in charge of a place that is inspected by a fishery officer or fishery guardian under this section and every person found in the place shall

                                 (a)    give the officer or guardian all reasonable assistance to enable the officer or guardian to carry out the inspection, and

                                 (b)    provide the officer or guardian with any information relevant to the administration of this Act or the regulations that the officer or guardian may reasonably require.

1992 cF‑12.2 s26

Search

27(1)  A fishery officer or fishery guardian may,

                                 (a)    on obtaining a warrant, or

                                 (b)    without a warrant if the officer or guardian believes on reasonable and probable grounds that it is not practical to obtain a warrant because the necessary delay may result in the loss of evidence,

search for fish and fishing equipment in any vehicle, aircraft, boat or other watercraft or railway car, or in any business premises, building, tent or structure unless it is used as a private dwelling, when, on reasonable grounds, the officer or guardian believes that fish or fishing equipment is contained there.

(2)  A fishery officer or fishery guardian may require the operator or person in possession of a vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container to produce all fish and fishing equipment in or on the vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container for the purpose of inspection and to determine the number, species and size of the fish and to ascertain whether the fish are fit for human consumption, diseased or infested with parasites, if

                                 (a)    any fish or fishing equipment in or on the vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container is in plain view of the officer or guardian, or

                                 (b)    the officer or guardian believes, on reasonable and probable grounds, that the vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container contains or is carrying fish or fishing equipment.

(3)  A fishery officer or fishery guardian may require the owner or occupant of any business premises, building, tent or other structure that is not used as a private dwelling to produce all fish and fishing equipment in the business premises, building, tent or structure for the purpose of inspection and to determine the number, species and size of the fish and to ascertain whether the fish are fit for human consumption, diseased or infested with parasites, if

                                 (a)    any fish or fishing equipment in the business premises, building, tent or other structure is in plain view of the officer or guardian, or

                                 (b)    the officer or guardian believes, on reasonable and probable grounds, that the business premises, building, tent or other structure contains fish or fishing equipment.

(4)  When a fishery officer or fishery guardian requires a person to produce fish or fishing equipment for inspection under this section, that person shall forthwith produce all fish and fishing equipment in or on the vehicle, aircraft, boat or other watercraft, railway car, animal, pack, container, business premises, building, tent or other structure to the officer or guardian.

1992 cF‑12.2 s27

Seizure

28(1)  A fishery officer or fishery guardian may seize anything that the officer or guardian believes on reasonable and probable grounds may afford evidence of the commission of an offence under this Act or was used in the commission of an offence under this Act.

(2)  When fish are seized, the fishery officer or fishery guardian shall store the fish, but if no proper storage facilities are readily available for that purpose, the officer or guardian may sell or dispose of the fish in a manner that appears expedient to the officer or guardian under the circumstances.

(3)  The fishery officer or fishery guardian shall, on seizing anything under subsection (1), give a receipt for it to the person, if any, having physical possession of it when it was seized and furnish a justice with an affidavit

                                 (a)    stating that the officer or guardian has reason to believe that an offence has been committed in respect of the thing seized,

                                 (b)    setting out the name of the person, if any, having physical possession of the thing seized at the time it was seized, and

                                 (c)    describing the disposition of the thing seized.

(4)  A person may make an application to a justice for an order respecting the disposition of anything seized under subsection (1), and the justice shall

                                 (a)    order that the application be stayed and be dealt with pursuant to section 40, or

                                 (b)    if section 40 is not applicable, make an order that the thing seized

                                           (i)    be confiscated to the Crown in right of Alberta, or

                                          (ii)    be returned to the person from whom it was seized.

(5)  Subsections (3) and (4) do not apply if the fishery officer or fishery guardian disposes of live fish by releasing them back into the water from which they were taken.

RSA 2000 cF‑16 s28;2001 c8 s6

Warrants

28.1   Without limiting section 3 of the Provincial Offences Procedure Act, the following apply in respect of offences and related proceedings under this Act:  sections 184.2, 487.01, 487.091, 487.1, 492.1 and 492.2 of the Criminal Code (Canada) and all the other provisions of the Criminal Code (Canada) that pertain to those sections, except for any provision that restricts the type of offence to which the section relates.

2001 c8 s7

Records

Fish records

29(1)  Every vendor, except a retail outlet or restaurant, and every shipper of fish shall prepare and sign in triplicate a written statement with regard to each individual transaction setting forth

                                 (a)    the quantity by weight of each species of fish and the lake of origin,

                                 (b)    the name, address and licence number of the vendor or shipper of fish, and

                                 (c)    the name and address of the purchaser or consignee of the fish

and shall give to the carrier or purchaser of the fish 2 copies of the statement and shall retain one copy for a period of not less than one year.

(2)  At the time of accepting delivery of the fish, every purchaser of fish and every carrier shall obtain from the vendor or shipper 2 copies of the statement prepared pursuant to subsection (1), and a carrier shall cause one copy to accompany the shipment of fish and to be delivered to the consignee.

(3)  One copy of the sale or shipping statement must be retained by the carrier or purchaser of the fish for a period of not less than one year.

(4)  No purchaser, carrier or consignee may accept fish unless it is accompanied with a statement prepared pursuant to subsection (1).

(5)  This section applies only to fish caught by a commercial fisher pursuant to a commercial fishing licence.

1992 cF‑12.2 s29

Records submission

30(1)  The Minister may, by written notice, require a licence holder or other person who owns or is in charge of or employed at a premises or location where fish are being held to submit to the Minister, within the time stated in the notice, records and information required by the notice that relate or are incidental to the fish or to any operations that are or have been conducted on the premises or at the location.

(2)  A person to whom a notice is given under subsection (1) shall comply with the notice, but may comply with it by permitting a fishery officer or fishery guardian to inspect the records to which the notice relates.

(3)  A document purporting to be certified by a fishery officer or a fishery guardian to be a copy of a record inspected under subsection (2) is admissible in evidence in any judicial proceeding and is proof, in the absence of evidence to the contrary, of the contents of the record without proof of the officer’s or guardian’s signature, appointment or responsibility for custody of the document.

1992 cF‑12.2 s30

Inspecting records

31(1)  For the purpose of ensuring that this Act is complied with, a fishery officer or fishery guardian may request a person who is required to keep records under this Act to make the records available, on reasonable notice, to the officer or guardian during regular business hours for examination by the officer or guardian.

(2)  A fishery officer or fishery guardian may, on giving a receipt for it, remove any record described in subsection (1) for not more than 48 hours for the purpose of making copies of it.

1992 cF‑12.2 s31

Fish Health

Health problem

32(1)  If the Minister, on reasonable and probable grounds, believes that fish or a location where fish are held is diseased or contains disease or is materially infested by parasites and might present a danger to the health of any fish, animal or person, the Minister may order that

                                 (a)    the suspect fish and any affected equipment be quarantined for the period of time and in the manner that the Minister directs,

                                 (b)    a fishery officer seize the fish and kill or otherwise dispose of the fish in the manner directed by the Minister, and

                                 (c)    any water be prevented from discharging from the location where the fish are found to another location.

(2)  If the Minister, on reasonable and probable grounds, believes that any fish pose an ecological threat or genetic danger to any other fish, and that it is in the public interest to do so, the Minister may order that

                                 (a)    the suspect fish and any affected equipment be quarantined for the period of time and in the manner that the Minister directs,

                                 (b)    a fishery officer seize the fish and kill or otherwise dispose of the fish in the manner directed by the Minister, and

                                 (c)    any water be prevented from discharging from the location where the fish are found to another location.

(3)  The Minister may order the person in charge of fish to do one or more of the following:

                                 (a)    to take any steps that may be necessary to eradicate the disease, infestation, threat or danger described in subsection (1) or (2);

                                 (b)    to destroy the fish or any contaminated equipment used in relation to the keeping of the fish.

(4)  If a person fails to comply with an order under subsection (1), (2) or (3), a fishery officer may cause the fish or equipment, or both, to be destroyed or the disease to be eradicated at the expense of the person in charge.

(5)  The Minister may provide compensation in respect of diseased or parasitized fish disposed of under subsection (1)(b) or (2)(b) in an amount that, in the opinion of the Minister, represents the fair value of undiseased or unparasitized fish of the kind and number disposed of.

(6)  Notwithstanding subsection (5), no right of compensation exists against the Crown or the fishery officer in respect of the subject‑matter of a direction or order of the Minister under subsections (1) to (3) or the actions of an officer under subsection (4).

(7)  The Minister may assess the cost of quarantining fish under subsection (1)(a) or (2)(a) or the amount of an expense incurred under subsection (4) to the owner of the fish, and that cost must be paid on demand by the person assessed and is recoverable by th