Alberta Fishery Regulations, 1998 (SOR/98-246)

Regulations are current to 2017-11-20 and last amended on 2017-04-13. Previous Versions

Alberta Fishery Regulations, 1998

SOR/98-246

FISHERIES ACT

Registration 1998-04-23

Alberta Fishery Regulations, 1998

P.C. 1998-625 1998-04-23

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43Footnote a and subsection 79.7(5)Footnote b of the Fisheries Act, hereby makes the annexed Alberta Fishery Regulations, 1998.

Interpretation

  •  (1) The definitions in this subsection apply in these Regulations.

    Act

    Act means the Fisheries Act. (Loi)

    angling

    angling means fishing with hook and line. (pêche à la ligne)

    bait

    bait means a substance that attracts fish by scent or flavour and includes a lure to which scent or flavouring has been added. (appât)

    bait fish

    bait fish means a fish of a species set out in Part 2 of Schedule 1. (poisson-appât)

    barbless hook

    barbless hook includes a hook the barbs of which are pressed against the shaft of the hook so that the barbs are not functional. (hameçon sans ardillon)

    Department

    Department means the Department of Sustainable Resource Development of the Province. (ministère)

    dip net

    dip net means a device consisting of a bag-like net that is mounted on a ring or frame with or without a pole or handle attached. (épuisette)

    Director

    Director means the Director of Fisheries Management of the Fish and Wildlife Division of the Department. (directeur)

    fish management zone

    fish management zone or zone means an area set out in Schedule 2. (zone de gestion du poisson ou ZGP)

    game fish

    game fish means a fish of a species set out in Part 1 of Schedule 1. (poisson de sport)

    gill net

    gill net means a net by which fish are caught by being enmeshed but that does not enclose an area of water. (filet maillant)

    hook

    hook means a single or multi-pointed hook on a common shaft and includes a hook that is attached to a lure. (hameçon)

    hook size

    hook size means the measurement between the shaft and the tip of a hook. (taille de l’hameçon)

    Indian

    Indian means an Indian within the terms of Paragraph 12 of the Memorandum of Agreement, known as the Alberta Natural Resources Transfer Agreement, being the agreement entered into between Canada and Alberta on December 14, 1929 and confirmed by the Constitution Act, 1930. (Indien)

    length

    length, in respect of a fish, means the distance measured from the tip of the snout to the tip of the tail. (longueur)

    lure

    lure means a spoon, plug, jig, fly or other such device made only of feathers, fibre, rubber, wood, metal, plastic or similar materials, and that does not attract fish by scent or flavour. (leurre)

    maggots

    maggots means the larvae of terrestrial dipterous insects but does not include earthworms (dew-worms, nightcrawlers) or the larvae, pupae or adults of aquatic invertebrates. (asticots)

    mealworms

    mealworms means the larvae of terrestrial coleopterous insects but does not include maggots, wax worms, earthworms or the larvae, pupae or adults of aquatic invertebrates. (vers de farine)

    mesh size

    mesh size, in respect of a net, means the distance between the diagonally opposite angles of a single mesh measured

    • (a) after the net has been immersed in water for at least 30 minutes; and

    • (b) with the mesh extended without straining the twine. (maillage)

    order

    order means an order issued under subsection 3(1) in relation to any waters to which these Regulations apply. (ordonnance)

    Province

    Province means the Province of Alberta. (province)

    provincial Act

    provincial Act means the Fisheries (Alberta) Act, S.A. 1992, c. F-12.2. (loi provinciale)

    provincial Minister

    provincial Minister means the Minister of the Government of the Province who is responsible for the administration of the provincial Act.(ministre provincial)

    seine net

    seine net means a net the ends of which are brought together or hauled ashore and includes a bar seine, beach seine, drag seine, purse seine or other similar type of net. (seine)

    snagging

    snagging means attempting to catch or catching a fish using a hook

    • (a) other than to induce the fish to voluntarily take the hook in its mouth; or

    • (b) by intentionally piercing and hooking a fish in any part of the body other than the mouth. (casaquer)

    snagging device

    snagging device means

    • (a) an instrument that is designed for the purpose of snagging fish; or

    • (b) hooks or lures that are altered to facilitate the snagging of fish. (dispositif de casaque)

    sportfishing

    sportfishing means fishing by means of angling, bow and arrow, spear, dip net, seine net or minnow trap. It does not include fishing with those methods under the authority of a licence issued under subsection 13(3) or under any licence issued under the provincial Act other than a Sportfishing Licence. (pêche sportive)

    trap net

    trap net means a device that is designed to catch fish by leading the fish into an enclosure. (parc en filet)

    tributary

    tributary means a watercourse that flows into a body of water and includes a tributary to a tributary. (tributaire)

    trout

    trout means a fish of a species set out in item 9 of Part 1 of Schedule 1. (truite)

    watershed

    watershed means the area drained by one stream system, the stream and all its tributaries, and includes the lakes and reservoirs within that area whether or not they are directly connected to the stream. (bassin versant)

    watershed unit

    watershed unit or unit means a subdivision of a fish management zone set out in Schedule 2. (unité de bassin versant ou unité)

  • (2) A reference in these Regulations to a species or group of species of fish by its common name as set out in column 1 of an item of Schedule 1 shall be construed as a reference to the species or group of species of fish whose scientific name is set out in column 2 of that item.

  • (3) For the purposes of these Regulations, the boundary between two watersheds shall be the height of land that divides the two watersheds such that water on one side flows in one direction and water on the other side flows in a different direction.

  • (4) For the purposes of these Regulations, a fish is considered to be retained when it is not immediately returned to the waters from which it was taken.

  • (5) In these Regulations or any order, an alphanumeric reference used in the description of an area is a reference to an area of the Province established under Part 1 of the Surveys Act (Alberta), R.S.A. 1980, c. S-29.

  • SOR/99-349, s. 1;
  • SOR/2005-296, s. 1.

Application

  •  (1) Subject to subsection (2), these Regulations apply in the Province.

  • (2) These Regulations do not apply in respect of

    • (a) fishing in, or fish taken from, waters to which the National Parks Fishing Regulations apply;

    • (b) fishing in a fish culture facility; or

    • (c) fishing for, or the possession of, freshwater shrimp.

  • SOR/2017-58, s. 38(F).

PART 1General Provisions

Variation of Close Times, Fishing Quotas and Limits

  •  (1) If a close time, fishing quota or limit on the size or weight of fish is fixed in respect of an area under these Regulations, the Director may, by order, vary that close time, fishing quota or limit in respect of that area or any portion of it.

  • (2) If a close time, fishing quota or limit is varied under subsection (1), the Director shall give notice of the variation to the persons affected or likely to be affected by it, by one or more of the following methods:

    • (a) broadcasting the notice over a radio station that broadcasts in the area or vicinity of the area affected by the variation;

    • (b) communicating the notice by telephone to those persons;

    • (c) posting the notice in the area or in the vicinity of the area affected by the variation;

    • (d) having a fishery officer give oral notice of the variation to those persons;

    • (e) transmitting the notice via electronic means to those persons; or

    • (f) publishing the notice in

      • (i) a newspaper circulated in the vicinity of the area affected by the variation,

      • (ii) the Alberta Gazette,

      • (iii) the Guide to Sportfishing Regulations published on behalf of the Department, or

      • (iv) the Guide to Commercial Fishing Seasons published by the Department.

 
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