A regulatory proposal outlines amendments to Fisheries Act regulations governing unattended fishing gear, commonly referred to as “soak time” requirements. The affected instruments include the Atlantic Fishery Regulations, 1985, the Maritime Provinces Fishery Regulations, and the Newfoundland and Labrador Fishery Regulations. These rules impose uniform limits on how long fixed or stationary fishing gear may remain in the water without being tended. The amendments respond to concerns that a single standardized requirement does not reflect the diversity of fisheries across Atlantic Canada, particularly offshore and large-scale operations where distance from shore, weather variability, and fleet logistics can make strict adherence difficult or unsafe.

The main issue is that uniform soak time requirements may create operational inefficiencies and safety risks. In offshore fisheries or fleets managing large trap allocations and strict trip limits, fishers may feel compelled to retrieve gear within prescribed timeframes even in hazardous weather, increasing crew risk. While soak time rules aim to reduce spoilage, bycatch, entanglement, gear loss, and gear conflict, rigid application does not always align with these objectives. The Atlantic Fishery Regulations and Maritime Provinces Fishery Regulations required gear not remain unattended beyond 72 hours, while Newfoundland and Labrador used a three-day rule excluding set date. These provisions applied broadly to traps, pots, gillnets, and longlines across Atlantic and northern waters. However, Fisheries and Oceans Canada has determined that maintaining such prescriptive rules is unnecessary given ministerial authority under the Fishery (General) Regulations to set licence conditions.

The Fishery (General) Regulations empower the Minister of Fisheries and Oceans to set licence conditions, including soak times, which are enforceable and adaptable during fishing seasons. This mechanism is already widely used and allows more responsive, fishery-specific regulation than fixed statutory provisions. The amendments were identified in the Department’s Red Tape Review Progress Report as part of efforts to reduce regulatory rigidity and improve flexibility. Shifting soak time rules to licence conditions would allow Fisheries and Oceans Canada to adjust requirements quickly in response to science, conservation needs, and operational realities. This approach better aligns regulatory tools with fishery conditions while maintaining conservation outcomes and reducing administrative burden, and enables differentiated management between inshore and offshore fisheries.

The objective is to repeal soak time provisions in the Atlantic Fishery Regulations, Maritime Provinces Fishery Regulations, and Newfoundland and Labrador Fishery Regulations, removing uniform regulatory limits. Instead, Fisheries and Oceans Canada would establish soak time requirements through conditions of licence tailored to specific fisheries or fleets. This includes transitioning requirements under the Aboriginal Communal Fishing Licences Regulations into licence-based conditions. The change is intended to improve flexibility, improve responsiveness to changing conditions, and allow gear management rules to be adjusted more efficiently without formal regulatory amendments, while maintaining conservation and safety objectives associated with proper gear tending practices.

Canada (Draft) July 7, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.