(2) Where no species of fish is referred to in a provision of Part IV or XI, that provision applies in respect of any species of fish, whether or not that species is set out in Schedule I.
(2.1) Subject to paragraph (3)(c), these Regulations apply to the management and control of the harvesting of marine plants in the Atlantic coastal waters of Canada.
(3) These Regulations do not apply in respect of
(a) a foreign fishing vessel or a person fishing on board such a vessel, except where the vessel is used for recreational fishing in Canadian fisheries waters;
(b) fishing for anadromous or catadromous fish in tidal waters of Quebec as defined in the Quebec Fishery Regulations;
(c) manual harvesting of dulse or harvesting of other marine plants that have become detached from the bottom;
(d) angling for salmon; or
(e) any cultivated Atlantic salmon that are found in or taken from an aquaculture facility or any cultivated clams, mussels, oysters or scallops, of any species, that are so found or taken.
(4) Subject to paragraph 49.01(c) and subsections 49.3(2) and 91(1), the close times set out in these Regulations do not apply with respect to recreational fishing in accordance with subsection 15(1) or (2).
(5) Sections 13 to 14, 17, 17.1, 20 to 22, 39 to 45 and 46 to 50, subsection 51.3(1) and sections 51.4, 52, 54, 57, 61, 61.1, 63, 66, 68, 69, 70.1 to 72, 74, 77, 78, 80, 82, 83, 87, 90, 91, 99, 106, 106.1 and 108 to 115.1 do not apply with respect to fishing and related activities carried out under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations and sections 18 and 19 do not apply to the issuance of licences under those Regulations.
(6) Despite subsection (5), only sections 51, 53, 54, 59, 61, 61.1, 68, 76, 78 to 80 and 86 and Part X apply in respect of Inuit domestic fishing, being the exercise by a person of the right to harvest any species or stock of fish for food, social and ceremonial purposes in accordance with the Agreement defined in section 2 of the Labrador Inuit Land Claims Agreement Act.
PART I[Repealed, SOR/93-61, s. 3]
PART IIRegistration of Persons and Vessels and Licensing of Persons
- SOR/91-498, s. 3
12 In this Part, document means a fisherman’s registration card, a vessel registration card or a licence.
Registration Cards, Licences and Certificates
- SOR/2020-255, s. 2
13 (1) Subject to section 15 and subsection 51.1(2), no person shall use a vessel, and no owner of a vessel shall permit another person to use the vessel, in fishing for any species of fish referred to in these Regulations unless
(2) If a licence is issued authorizing the use of a vessel to fish for a species of fish and an operator is not named in the licence, any registered fisher or any person holding a provincial or territorial fisher’s certificate may operate that vessel to fish for that species.
- SOR/87-468, s. 5(F)
- SOR/93-61, s. 4
- SOR/2020-255, s. 3
13.1 (1) Subject to subsection (2), no person shall use a vessel, and no owner of a vessel shall permit another person to use that vessel, to transport any species of fresh fish referred to in these Regulations unless
(2) Subsection (1) does not apply where the vessel used in transporting fresh fish is
- SOR/91-498, s. 4
- SOR/93-337, s. 1
- SOR/2017-58, s. 12(F)
13.2 No person who is fishing under the authority of a licence that does not specify the use of a specific vessel shall permit a vessel to be used to transport any species of fresh fish caught under the authority of that licence unless the use of that vessel to transport that species is authorized by a licence.
- SOR/91-498, s. 4
(2) Subject to subsection (3), a person is authorized to fish for a species of fish if that person is
(a) the holder of a licence for that species;
(b) on board a vessel and is named as the operator of that vessel in a licence that authorizes the use of that vessel to fish for that species;
(c) accompanying a person referred to in paragraph (a) or (b);
(d) on board a vessel the owner of which is the holder of a licence that authorizes the use of that vessel in fishing for that species and an operator is not named in the licence; or
(3) Paragraphs 2(b) to (d) do not apply to a person engaged in recreational fishing.
(4) A person who is less than 16 years of age may engage in fishing without being registered or without holding a provincial or territorial fisher’s certificate.
(2) A person may, without being registered, without holding a provincial or territorial fisher’s certificate or without being licensed, and with a vessel that is not registered, engage in recreational fishing
(2.1) A person less than 16 years of age who does not hold a licence may engage in recreational fishing when accompanied by the holder of a recreational fishing licence if the fishing is done in accordance with the conditions of the licence.
(3) A person who is designated under paragraph 4(2)(a) or subsection 4(3) of the Aboriginal Communal Fishing Licences Regulations to fish under the authority of a licence issued under subsection 4(1) of those Regulations may engage in fishing in accordance with the conditions of that licence
- SOR/93-337, s. 2
- SOR/2001-212, s. 2
- SOR/2002-225, s. 5
- SOR/2006-132, s. 1
- SOR/2020-255, s. 5
- Date modified: