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Atlantic Fishery Regulations, 1985 (SOR/86-21)

Regulations are current to 2022-11-16 and last amended on 2022-09-27. Previous Versions

PART VIShellfish (continued)

[
  • SOR/93-61, s. 16(F)
]

Scallops (continued)

 [Repealed, SOR/91-225, s. 2]

  •  (1) No holder of a licence for scallop fishing shall use a vessel less than 19.8 m in overall length to fish for scallops in Scallop Fishing Area 27 except under a written authorization from a fishery officer.

  • (2) A written authorization referred to in subsection (1) is valid only for the period specified therein.

  • (3) All scallops caught and retained by the holder of a written authorization referred to in subsection (1) shall be regarded as having been caught in Scallop Fishing Area 27.

  • SOR/93-61, s. 52(F)

 [Repealed, SOR/91-225, s. 3]

 [Repealed, SOR/2007-20, s. 2]

 No person shall fish for scallops by any means other than by a scallop drag, by diving, by dip-netting or by tongs.

  • SOR/93-61, s. 51(F)

 No person fishing for scallops under a recreational fishing licence shall take more than 100 scallops in any one day.

 No person shall have a scallop drag on board a vessel in any Scallop Fishing Area, other than in Scallop Fishing Areas 26 and 27, unless

  • (a) the use of that vessel in fishing for scallops in that Area at that time is authorized under these Regulations; or

  • (b) that scallop drag is unshackled and stowed.

  • SOR/94-59, s. 3

 In Scallop Fishing Area 27, no person shall have a scallop drag on board a vessel unless the use of that vessel in fishing for scallops in that Area at that time is authorized under these Regulations.

  • SOR/94-59, s. 3
  •  (1) In Scallop Fishing Area 26, no person shall have a scallop drag on board a vessel unless

    • (a) the use of that vessel in fishing for scallops in that Area at that time is authorized under these Regulations; or

    • (b) that vessel is transiting Scallop Fishing Area 26 under a written authorization issued pursuant to subsection (2) and that scallop drag is unshackled and stowed.

  • (2) A fishery officer shall issue an authorization referred to in paragraph (1)(b), upon the application of the master of a vessel, where

    • (a) the home port of the vessel is in Scallop Fishing Area 29; and

    • (b) the use of that vessel to fish for scallops in Scallop Fishing Area 28A, 28B, 28C or 28D at that time is authorized under these Regulations.

  • (3) The authorization issued pursuant to subsection (2) shall state the period during which the authorization is valid.

  • SOR/94-59, s. 3

 In Scallop Fishing Area 28A, 28B, 28C or 28D, no person shall fish

  • (a) with an offshore scallop drag;

  • (b) with a Green sweep scallop drag;

  • (c) with a scallop drag or combination of scallop drags greater than 5.5 m in total width; or

  • (d) with a scallop drag with a bag that has rings of less than 82 mm inside diameter.

  • SOR/87-672, s. 7
  • SOR/94-59, s. 4

Shrimp

 No person shall fish for shrimp in a Shrimp Fishing Area referred to in an item of Schedule XVIII during the close time set out in that item.

 No person shall fish for shrimp with an otter trawl that has a mesh size less than 40 mm.

Squid

 No person shall fish for squid in a Squid Fishing Area referred to in an item of Schedule XX with a type of vessel and gear set out in a subitem of that item during the close time set out in that subitem.

 No person shall fish for squid with an otter trawl that has a mesh size less than 60 mm.

PART VIISalmon

 In this Part,

grilse

grilse means a salmon that is less than 63 cm but not less than 30 cm in length. (castillon)

length

length[Repealed, SOR/2017-58, s. 17]

  • SOR/2017-58, s. 17

Close Times

 Subject to section 78, no person shall fish for salmon in a Salmon Fishing Area referred to in an item of Schedule XXII with the type of gear set out in that item during the close time set out in that item.

  •  (1) Where a person is fishing for salmon in Salmon Fishing Areas 1 to 14 with a gill net or trap net inshore of a point in any bay, inlet, river or sound where the bay, inlet, river or sound is less than six nautical miles in width, that person shall

    • (a) remove that gill net or the leader of that trap net from the water, or

    • (b) raise that gill net or the leader of that trap net and tie it to its head or float rope in such a manner that it is incapable of catching salmon,

    for the period from 18:00 h on Saturday to 18:00 h on the Sunday following.

  • (2) Where a person is fishing for salmon in Salmon Fishing Areas 15 to 18 with a gill net or trap net, that person shall

    • (a) remove the gill net or the leader of the trap net from the water, or

    • (b) raise the gill net or the leader of the trap net and tie it to its head or float rope in such a manner that it is incapable of catching salmon,

    for the period from 08:00 h on Saturday to 08:00 h on the Monday following.

  • (3) Where a person is fishing for salmon in Salmon Fishing Areas 19 to 23 with a gill net or trap net inshore of a point in any bay, inlet, river or sound where the bay, inlet, river or sound is less than six nautical miles in width, that person shall

    • (a) remove the gill net or the leader of the trap net from the water, or

    • (b) raise the gill net or the leader of the trap net and tie it to its head or float rope in such a manner that it is incapable of catching salmon,

    for the period from 08:00 h on Saturday to 08:00 h on the Monday following.

  • SOR/93-61, s. 27(F)

 Minimum Size

 No person shall have in his possession any salmon that is less than 30 cm in length.

  • SOR/93-61, s. 28(F)

Gear Restrictions

 No person shall fish for salmon

  • (a) by any means other than a gill net or trap net; or

  • (b) with a gill net or trap net that contains monofilament in the netting.

  •  (1) Subject to subsection (2), no person shall fish for salmon in Salmon Fishing Areas 1 to 14 with a gill net or trap net that has a mesh size less than 127 mm.

  • (2) No person shall fish for salmon

    • (a) in the waters of St. George’s Bay, in Salmon Fishing Area 13, or

    • (b) in waters contiguous to the south coast of the Province of Newfoundland and Labrador from Cape Pine to Terrenceville, including the waters of

      • (i) St. Mary’s Bay,

      • (ii) Placentia Bay, and

      • (iii) Fortune Bay contiguous to the Burin Peninsula

    with a gill net or trap net that has a mesh size less than 114 mm.

  • SOR/2017-58, s. 23
  •  (1) No person shall fish for salmon in Salmon Fishing Areas 1 to 14 with

    • (a) a gill net that exceeds 183 m in length or that is less than 45 m in length; or

    • (b) a trap net that exceeds 183 m in length measured from the back of the trap to the outer end of the leader.

  • (2) No person shall fish for salmon with a trap net in that portion of Conception Bay, Newfoundland and Labrador (Longer Gulch, Bradbury’s Bight area) in Salmon Fishing Area 7 that is enclosed by the eastern shore of Conception Bay and straight lines joining the following points in the order in which they are listed:

    PointNorth LatitudeWest Longitude
    147°42′52°50′55″
    247°42′53°00′00″
    347°45′53°00′00″
    447°45′52°49′24″
  • SOR/2017-58, s. 23

 No person shall fish for salmon with a drift net except in

  • (a) that portion of Salmon Fishing Area 16 (Miramichi Bay) enclosed by the coastline of New Brunswick and

    • (i) a line joining Latitude 47°26′N., Longitude 64°53′12″W. (pointe à Barreau) to Latitude 47°04′24″N., Longitude 64°21′45″W., thence to Latitude 47°00′48″N., Longitude 64°49′40″W. (Eel River), and

    • (ii) a straight line joining Latitude 47°04′30″N., Longitude 64°48′W. (Escuminac) to Latitude 47°15′23″N., Longitude 65°03′18′W. (Lower Neguac);

  • (b) that portion of Salmon Fishing Area 22 (Minas Basin) inside of a straight line joining Latitude 45°20′N., Longitude 64°30′W. (Cape Split) to Latitude 45°22′N., Longitude 64°23′W. (Cape Sharp);

  • (c) that portion of Salmon Fishing Area 23 (Shepody Bay) inside of a straight line joining Latitude 45°43′40″N., Longitude 64°33′15″W. (Cape Maringouin) to Latitude 45°43′N., Longitude 64°39′W. (Marys Point); or

  • (d) that portion of Salmon Fishing Area 23 (Saint John River) inside a straight line joining Latitude 45°12′N., Longitude 65°55′W. (Cape Spencer) and Latitude 45°04′N., Longitude 66°27′W. (Point Lepreau).

  • SOR/93-61, s. 29(E)

 No holder of a licence to fish for salmon in Salmon Fishing Area 2 shall fish for salmon with a net of any kind in that portion of the Eagle River estuary lying upstream of a straight line joining Separation Point to Cooper’s Point unless the holder is authorized to do so as a condition of his licence.

Tagging of Salmon

  •  (1) Where a person who, pursuant to these Regulations or a written permission referred to in section 4 of the Act, is authorized to fish for salmon in any of Salmon Fishing Areas 1 to 23 catches and retains a salmon, the person shall forthwith affix thereto a valid salmon tag issued to that person by the Minister, together with the licence or written permission, by firmly fastening the tag to and securely locking it on the salmon so that it cannot be removed without tampering with the lock, breaking or cutting the tag or without cutting or tearing any part of the salmon.

  • (2) For the purposes of subsections (1) and (4), a salmon tag is valid only for the year indicated thereon and is valid only if

    • (a) it bears a tag number set out in a licence or written permission authorizing the person referred to in subsection (1) to fish for salmon;

    • (b) the tag number is legible; and

    • (c) it has not been tampered with.

  • (3) Where, pursuant to subsection (1), a person affixes a salmon tag, he shall affix

    • (a) a red salmon tag where the salmon is not a grilse and is caught and retained by a person who is licensed to fish for salmon pursuant to these Regulations;

    • (b) a red or yellow salmon tag where the salmon is a grilse and is caught and retained by a person who is licenced to fish for salmon pursuant to these Regulations; and

    • (c) a brown salmon tag where the salmon is caught and retained under a written permission referred to in section 4 of the Act.

    • (d) [Repealed, SOR/93-337, s. 3]

  • (3.1) Subject to subsection (5), no person shall be in possession of a salmon in Salmon Fishing Areas 1 to 14 or in the Province of Newfoundland and Labrador unless the salmon is tagged in accordance with the provisions of this section.

  • (4) Subject to subsection (5), no person shall be in possession of a salmon in any of Salmon Fishing Areas 15 to 23 unless the salmon is tagged in accordance with these Regulations, the Maritime Provinces Fishery Regulations or the National Parks Fishing Regulations.

  • (4.1) Subsections (3.1) and (4) do not apply with respect to salmon caught under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations.

  • (5) No person shall remove a salmon tag that is affixed to a salmon in accordance with this section except at the time the salmon is prepared for consumption.

  • SOR/87-313, s. 1
  • SOR/89-268, s. 3
  • SOR/93-61, s. 30
  • SOR/93-337, s. 3
  • SOR/2017-58, s. 23

PART VIIIGroundfish

Close Times & Areas

 In this Part,

flounder

flounder means American plaice, winter flounder, witch flounder and yellowtail flounder; (plie)

length

length[Repealed, SOR/2017-58, s. 18]

Stock Area

Stock Area means the waters referred to in a subitem of Schedule XXIII in respect of the species set out in that item. (zone de stock)

  • SOR/88-231, s. 1
  • SOR/91-76, s. 3
  • SOR/2017-58, s. 18
  •  (1) Subject to section 90, no person shall fish for a species of groundfish set out in column I of Schedule XXIII in a Stock Area set out in column II from a vessel of a vessel class set out in column III during the close time set out in column IV.

  • (2) For the purposes of subsection (1), where a close time set out in column IV of a subitem of Schedule XXIII is in respect of more than one vessel class, that close time is deemed to be fixed in respect of each vessel class referred to in that subitem.

 [Repealed, SOR/93-16, s. 2]

 [Repealed, SOR/89-584, s. 5]

  •  (1) No person shall fish for groundfish in the waters set out in column I of Schedule XXIV with a type of gear referred to in column II during the close time set out in column III.

  • (2) [Repealed, SOR/94-45, s. 1]

  • SOR/87-468, s. 7
  • SOR/94-45, s. 1
  • SOR/2003-137, s. 11
 
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