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Newfoundland and Labrador Fishery Regulations (SOR/78-443)

Regulations are current to 2024-05-28 and last amended on 2018-05-30. Previous Versions

PART IGeneral (continued)

Trout and Char (continued)

 No person shall fish for, take, catch or kill or attempt to fish for, take, catch or kill trout or char by any means in any waters of Insular Newfoundland otherwise than by angling.

Salmon

 Subject to subsection 10(4) and section 11, no person shall fish for or catch and retain salmon by means of a net unless that person is the holder of a limited fishery licence issued for that purpose pursuant to the Atlantic Fishery Regulations, 1985.

  • SOR/84-565, s. 3
  • SOR/2017-58, s. 8

 [Repealed, SOR/86-23, s. 6]

 [Repealed, SOR/81-731, s. 3]

 [Repealed, SOR/86-23, s. 7]

Cod and Salmon Berth Licensing

  •  (1) For the purposes of this section and sections 55.1 to 63.2, the areas set out in Schedules IX and X are hereby established as Salmon Fishery Areas and Cod Fishery Areas.

  • (2) Any Salmon Fishery Area or Cod Fishery Area may contain one or more berths.

  • SOR/81-731, s. 6
  • SOR/82-177, s. 1

 Berth licences may be issued by a Regional Director-General or a fishery officer in the form set out in Schedule VI.

  • SOR/82-177, s. 1
  • SOR/93-63, s. 10(F)
  •  (1) No person shall be issued a berth licence unless that person

    • (a) is the holder of a licence issued pursuant to the Atlantic Fishery Regulations, 1985 authorizing that person to fish

      • (i) for cod by means of a cod trap, or

      • (ii) for salmon by means of a salmon trap or salmon net;

    • (b) was the holder of a berth licence in the preceding licence year; and

    • (c) applies therefor to a Regional Director-General or a fishery officer in respect of a berth located in the same Salmon Fishery Area or Cod Fishery Area, as the case may be, in respect of which he was issued a berth licence in the year immediately preceding the year for which the licence is being sought.

  • (1.1) and (1.2) [Repealed, SOR/85-748, s. 1]

  • (2) Paragraphs (1)(b) and (c) do not apply to a person applying for a berth licence in the second licence year following the cancellation referred to in subsection 57(3).

  • (3) Notwithstanding paragraphs (1)(b) and (c), a berth licence may be issued to a resident of a coastal community immediately adjacent to a Salmon Fishery Area or a Cod Fishery Area if

    • (a) the number of berths in that Salmon Fishery Area or Cod Fishery Area is greater than the number of berth licences customarily issued for that Area; or

    • (b) a berth becomes available in that Salmon Fishery Area or Cod Fishery Area owing to a reduction in the number of fishermen eligible for berth licences in that Area.

  • (4) Notwithstanding subsections (1) and (3), a berth licence shall not be issued to a person whose licence was cancelled pursuant to subsection 57(3) in the preceding calendar year.

  • SOR/81-731, s. 6
  • SOR/82-177, s. 1
  • SOR/84-323, s. 15
  • SOR/85-748, s. 1
  • SOR/86-23, s. 8
  • SOR/93-63, s. 10(F)
  •  (1) Where a person holds a berth licence and subsequently decides not to fish in that berth, he shall forthwith surrender that berth licence to a fishery officer.

  • (2) A fishery officer to whom a berth licence is surrendered pursuant to subsection (1) shall cancel the licence and a new licence for the berth may be issued to another person who is eligible therefor under section 56.

  • SOR/84-323, s. 16
  • SOR/93-63, s. 10(F)
  •  (1) and (2) [Repealed, SOR/93-63, s. 5]

  • (3) Subject to subsection (4), where the holder of a berth licence fails to comply with the condition set out in his licence respecting the date by which fishing gear is to be set, the berth licence shall be cancelled and a licence for the berth may be issued to another person who is eligible therefor under section 56.

  • (4) Where the holder of a berth licence establishes that he failed to comply with the condition referred to in subsection (3) because he was prevented from setting his fishing gear by the required date due to weather, ice or other conditions beyond his control, the licence shall not be cancelled but shall be endorsed by a fishery officer with a new date by which fishing gear is to be set.

  • (5) Where, pursuant to subsection (3), a berth licence is cancelled, the holder of the berth licence shall, on the request of a fishery officer or fishery guardian, forthwith give the licence to that fishery officer or fishery guardian.

  • SOR/81-731, s. 6
  • SOR/82-177, s. 1
  • SOR/84-323, s. 17
  • SOR/85-748, s. 2
  • SOR/93-63, ss. 5 and 10(F)

 [Repealed, SOR/93-63, s. 6]

  •  (1) Subject to subsection (2),

    • (a) the holder of a berth licence shall not permit any person to set or tend any fishing gear for him in the berth for which that licence has been issued unless the holder of the licence is present; and

    • (b) no person shall set or tend any fishing gear for the holder of a berth licence in the berth for which the licence has been issued unless the holder of that licence is present.

  • (2) Where the holder of a berth licence is unable to be present when setting or tending fishing gear in a berth by reason of

    • (a) sickness or injury to himself or a member of his family, or

    • (b) being licensed to fish in more than one berth,

    a crew member of that licence holder may set and tend fishing gear in that berth if the berth licence is endorsed with the name of that crew member and initialled by a fishery officer.

  • SOR/81-731, s. 6
  • SOR/82-177, s. 2
  • SOR/84-323, s. 18
  • SOR/93-63, s. 7(F)

Cod and Salmon Fishing Berths

  •  (1) A person may set any fishing gear in a berth for which no licence has been issued and that is customarily used to fish for cod by means of a cod trap or for salmon by means of a salmon trap or salmon net.

  • (2) Notwithstanding subsection (1), a fishery officer may direct that any fishing gear that is not a cod trap, salmon trap or salmon net be removed from a berth referred to in that subsection.

  • SOR/81-731, s. 6
  • SOR/93-63, s. 10(F)

 A fishery officer may direct that any fishing gear set in a berth be removed from that berth upon the issue of a berth licence therefor, to permit the holder of that berth licence to set a cod trap, salmon trap or salmon net in that berth.

  • SOR/81-731, s. 6
  • SOR/82-177, s. 3
  • SOR/93-63, s. 10(F)
  •  (1) Where the holder of a berth licence who has set a cod trap, salmon trap or salmon net in the berth for which the licence has been issued removes that trap or net from that berth and fails to reset that trap or net within four consecutive days, unless prevented by conditions beyond his control, the berth licence shall be cancelled.

  • (2) Where a berth licence is cancelled under subsection (1), the holder of the licence shall at the request of a fishery officer forthwith surrender the licence.

  • SOR/81-731, s. 6
  • SOR/82-177, s. 4
  • SOR/84-323, s. 19
  • SOR/93-63, s. 10(F)

 No person shall reserve for future use for himself or for any other person an unlicensed berth that is customarily used to fish for cod by means of a cod trap, other than by setting a cod trap in that berth.

  • SOR/81-731, s. 6
  • SOR/82-177, s. 4

 A fishery officer may direct that any fishing gear set in a berth contrary to these Regulations be removed forthwith.

  • SOR/81-731, s. 6
  • SOR/93-63, s. 10(F)

 No person shall fail to remove forthwith any fishing gear from a berth when directed to do so by a fishery officer.

  • SOR/81-731, s. 6
  • SOR/93-63, s. 10(F)

PART IISalmon, Char and Trout Fishing (Coastal Waters of Labrador)

 In this Part,

food fishing

food fishing[Repealed, SOR/2018-110, s. 3]

native

native means any Inuit or Indian; (autochtone)

Northern Labrador

Northern Labrador means that portion of the Labrador coast north of Cape Rouge in Byron Bay; (nord du Labrador)

Southern Labrador

Southern Labrador means that portion of the Labrador coast south of Cape Rouge in Byron Bay. (sud du Labrador)

  • SOR/2018-110, s. 3

Salmon, Char and Trout Fishing (Northern Labrador)

 [Repealed, SOR/86-23, s. 9]

 No person shall fish for char or trout in the coastal waters of Northern Labrador by any means other than a gill net or by angling.

  • SOR/86-23, s. 9
  •  (1) Subject to subsection (2), no person shall fish for char or trout in the coastal waters of Northern Labrador by means of gill nets unless he is the holder of a commercial char fishing licence or a char food fishing licence.

  • (2) A person who holds a commercial salmon fishing licence issued under the Atlantic Fishery Regulations, 1985 to fish for salmon in the coastal waters of Northern Labrador may, during the open season for char and trout, fish under the authority of that licence for char and trout in the coastal waters of Northern Labrador from Cape Rouge to Davis Inlet.

  • (3) The fees for each licence referred to in subsection (1) is five dollars.

  • SOR/86-23, s. 10
  •  (1) No person shall fish for char or trout by means of a gill net, the meshes of which are less than 127 mm extension measure, in the coastal waters of Northern Labrador from Cape Rouge to Davis Inlet.

  • (2) No person shall fish for char or trout by means of a gill net, the meshes of which are less than 114 mm extension measure, in the coastal waters of Northern Labrador, north of Davis Inlet.

  • SOR/80-435, s. 20
  •  (1) No person shall, while fishing for char or trout in the coastal waters of Northern Labrador, use gill nets that in overall length exceed

    • (a) 92 m in one berth;

    • (b) 46 m while food fishing; or

    • (c) in any other case, 366 m.

  • SOR/80-435, s. 21
  •  (1) Subject to subsection (2), no person shall fish for char or trout by means of gill nets in the coastal waters of Northern Labrador during the period commencing on October 1 and ending on June 30.

  • (2) A person, who is the holder of a commercial char fishing licence or a food fishing licence may food fish for char or trout by means of gill nets at any time in the coastal waters of Northern Labrador.

Trout and Char Fishing (Southern Labrador)

  •  (1) Subject to subsection (2), no person other than a person who normally resides in Southern Labrador shall fish for, take, catch or kill or attempt to fish for, take, catch or kill trout or char in the coastal waters of Southern Labrador by any means otherwise than by angling.

  • (2) Subject to subsection 73(1), a person who does not normally reside in Southern Labrador and who has participated in the commercial trout or char fishery in the coastal waters of Southern Labrador during the two preceding fishing seasons, may continue to fish for trout and char in those waters by any means other than by angling.

  • SOR/84-323, s. 20

 No person shall fish for, take, catch or kill or attempt to fish for, take, catch or kill trout or char in the coastal waters of Southern Labrador by any means otherwise than with gill nets or by angling.

  •  (1) No person other than the holder of a commercial trout fishing licence or a trout food fishing licence shall fish for trout or char in the coastal waters of Southern Labrador by means of gill nets.

  • (2) The fee for each licence referred to in subsection (1) is five dollars.

  • SOR/79-281, s. 7
  •  (1) No person shall, when fishing for trout or char in the coastal waters of Southern Labrador, use a gill net

    • (a) the meshes of which are less than 76 mm or more than 89 mm extension measure; and

    • (b) the hawk or hook of which exceeds 4 m in overall length.

  • (2) No person shall, when fishing commercially for trout or char in the coastal waters of Southern Labrador, use

    • (a) more than 46 m of gill net in overall length in one berth; and

    • (b) more than 276 m of gill net in overall length at one time.

  • (3) No person shall, when fishing for trout or char for food in the coastal waters of Southern Labrador, use more than 46 m of gill net in overall length at one time.

  • SOR/80-435, s. 22
  • SOR/84-323, s. 21
  • SOR/89-97, s. 4(F)
  •  (1) Subject to subsection (2), no person shall fish for, take, catch or kill or attempt to fish for, take, catch or kill trout or char by means of gill nets in the waters of Southern Labrador during the period September 16 to May 14.

  • (2) A native who resides in Southern Labrador and holds a commercial trout fishing licence or a trout food fishing licence may food fish for trout or char in the coastal waters of Southern Labrador by means of gill nets at any time.

  • (3) [Repealed, SOR/79-281, s. 8]

  • SOR/79-281, s. 8

General

 No person shall, in any year, fish for trout by means of nets in the waters of the estuary of the Eagle River inside a straight line drawn across the estuary from Separation Point to Cooper’s Point unless

  • (a) he holds a commercial trout fishing licence issued under these Regulations; and

  • (b) he was licensed during the preceding year to fish for trout under these Regulations and had fished for trout by means of nets in those waters.

  • SOR/84-323, s. 22
  • SOR/86-23, s. 11
 

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