Move soak-time rules into licence conditions

Summary#

This is a proposed change to Atlantic fishing rules that would remove fixed “soak time” limits from three regulations and let the Department of Fisheries and Oceans (DFO) set soak times as licence conditions instead. The proposal was published in the Canada Gazette on July 4, 2026, and people can comment for 30 days after that date.

What it does#

• Repeals the soak-time rules in the Atlantic Fishery Regulations, 1985 (repeal of section 115.2), the Maritime Provinces Fishery Regulations (repeal of section 27), and the Newfoundland and Labrador Fishery Regulations (repeal of section 8).
• Moves the job of setting soak times from those regulations into licence conditions under the Fishery (General) Regulations. Licence conditions are legally binding terms attached to individual fishing licences.
• Keeps soak-time rules that now exist in regulations (for example, 72 consecutive hours in some areas or three days in others) by putting them into licence conditions at the start, so there is no immediate gap.
• Applies the change to licences issued under the Aboriginal Communal Fishing Licences Regulations as well.
• Enforcement would continue through existing licence-compliance tools under the Fisheries Act.

Who's affected#

• Commercial fish harvesters, including small inshore boats and larger offshore fleets. Those who travel farther from shore or have large trap allocations are especially likely to notice the change.
• Indigenous communal licence holders (licences under the Aboriginal Communal Fishing Licences Regulations). The proposal says these licences will have their soak times moved into their licence conditions.
• The Department of Fisheries and Oceans (DFO) and enforcement staff who will set and monitor the licence conditions.
• Environmental groups and communities worried about wildlife entanglement or gear loss. The consultation included feedback from many groups: 133 responses to the DFO survey, of which 119 respondents supported the change and 12 respondents raised concerns. The department also received 11 survey replies from Indigenous licence holders and one written response from an Indigenous consultation body.

Also worth noting: current set fines tied to the repealed regulation sections are $500, $250, and licence-condition failures carry a $750 set fine, so the enforcement framing and penalties may look different once soak times sit in licence terms.

Why it matters#

• Safety: DFO and many fishers say moving soak times into licence conditions lets managers tailor limits to specific fisheries and reduce pressure on crews to tend gear in unsafe weather.
• Flexibility: Licence conditions can be changed more quickly than regulations. That makes it easier to adjust soak times based on new science, changing fishery conditions, or operational needs.
• Wildlife and enforcement concerns: Some respondents worried that longer or inconsistent soak times could raise the risk of entanglement or make enforcement harder. DFO says it will try to keep consistent limits across similar fisheries and use existing monitoring and enforcement tools.
• This is a proposal, not final. The public comment period runs for 30 days after publication (published July 4, 2026), and DFO plans to establish the current regulatory soak times as licence conditions at the start to avoid disruption.