Soak Time Rules Moved to Licence Conditions

Summary#

These are proposed changes called Regulations Amending Certain Regulations Made under the Fisheries Act (Unattended Fishing Gear). They would remove fixed “soak time” rules from the Atlantic Fishery Regulations, 1985 (AFR), the Maritime Provinces Fishery Regulations (MPFR) and the Newfoundland and Labrador Fishery Regulations (NLFR) and let the Department of Fisheries and Oceans (DFO) set soak times instead as conditions on fishing licences. This is a proposal published on July 4, 2026 and not yet in force.

What it does#

• Repeals the soak-time rules that currently say gear cannot be left unattended for more than 72 consecutive hours (or three days under NLFR) in the affected waters.
• Lets the Fishery (General) Regulations (FGR) and licence conditions be used to set soak times for each fishery or fleet instead of a single rule in those three regulations.
• Applies the same switch to licences issued under the Aboriginal Communal Fishing Licences Regulations (their soak times would move into licence conditions).
• Keeps enforcement tools the same, but notes set fines for current regulatory breaches are $500 and $250, while breaching a licence condition can carry a $750 set fine.
• Intends to preserve existing soak times at first by putting current limits into licence conditions so there’s no immediate change unless managers decide to change them later.
• Aligns east-coast practice with the west coast, where soak times were moved to licence conditions after 1999.

Who's affected#

• Commercial fish harvesters and licence holders who use fixed gear (traps, pots, gillnets, longlines) in Atlantic Canada and some Nunavut fisheries.
• Indigenous fishers holding licences under the Aboriginal Communal Fishing Licences Regulations.
• Fisheries managers at DFO, and enforcement staff who monitor compliance.
• Environmental groups and nearby fishers who may be concerned about changes in gear soak times.
• Small businesses that operate fishing vessels; the department says no new costs are expected.

If it’s unclear who is affected: the proposal covers the geographic areas listed in the current regulations (Atlantic provinces, parts of Nunavut and adjacent federal waters), so fishers operating there are the main group affected.

Why it matters#

• Safety: many respondents to DFO’s consultation said flexible soak times mean crews won’t feel forced to go out in dangerous weather just to meet a fixed rule.
• Flexibility: moving soak times into licence conditions lets managers adjust limits for particular fisheries, seasons, or conservation needs more quickly than changing a regulation.
• Wildlife and enforcement trade-offs: some stakeholders warned longer unattended soak times could raise risks to marine animals or make enforcement harder. DFO says it will aim for consistent rules across neighboring fisheries and keep existing enforcement tools.
• Public input: DFO reported 133 consultation responses, with 119 supporting the change and 11 responses from Indigenous licence holders also in favour; nonetheless, this is a proposed change and open for comment for 30 days after July 4, 2026.