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

Regulations are current to 2020-06-17 and last amended on 2018-05-30. Previous Versions

PART IIRegistration of Persons and Vessels and Licensing of Persons (continued)

[SOR/91-498, s. 3]

Requirement for Registration and Licences (continued)

 No person shall harvest marine plants except under the authority of a licence issued for that purpose by the Minister under section 45 of the Act.

  • SOR/93-61, s. 5

Application for Documents

  •  (1) An application for a document is to be made to the Minister on a form supplied by the Minister and accompanied by the appropriate fee.

  • (2) Subject to subsections (2.1) to (2.3), the fee for a document set out in column I of an item of Part I of Schedule II is the fee set out in column II of that item.

  • (2.1) Subject to subsections (2.2) and (2.3), where a Commercial Fishing Licence authorizes the taking of specific quantities of any species set out in Part II of Schedule II, the fee for the licence shall be the sum of the products determined by multiplying the number of tonnes of each species set out in column I of an item of Part II that are authorized to be taken under the licence from the waters set out in column II of that item by the fee per tonne set out in column III of that item.

  • (2.2) Where any product calculated pursuant to subsection (2.1) in respect of any species of fish, other than groundfish,

    • (a) is less than $2,500.00 that product shall be reduced by 40 percent; or

    • (b) is $2,500.00 or more that product shall be reduced by $1,000.00.

  • (2.3) Where the sum of the products calculated pursuant to subsection (2.1) in respect of all species of groundfish

    • (a) is less than $2,500.00 that sum shall be reduced by 40 percent; or

    • (b) is $2,500.00 or more that sum shall be reduced by $1,000.00.

  • (3) to (5) [Repealed, SOR/93-61, s. 6]

  • SOR/86-1000, s. 2
  • SOR/87-672, s. 2
  • SOR/89-584, s. 2
  • SOR/93-61, s. 6
  • SOR/96-1, s. 1

Registration

  •  (1) Where, pursuant to section 17, the Minister receives an application for a fisher’s registration card or a vessel registration card, he may issue that card.

  • (2) Where, pursuant to subsection (1), the Minister issues a fisher’s registration card to a person or a vessel registration card in respect of a vessel, that person or vessel is registered with the Department.

  • SOR/93-61, s. 54(E)

 [Repealed, SOR/93-61, s. 7]

 [Repealed, SOR/91-296, s. 1]

 [Repealed, SOR/93-61, s. 8]

PART III

[Repealed, SOR/93-61, s. 9]

PART IVSpacing of Fishing Gear

 Except as otherwise provided in the Newfoundland and Labrador Fishery Regulations, the Quebec Fishery Regulations, 1990 or the Maritime Provinces Fishery Regulations or as a condition of a licence, no person shall fish with a drift net or any fixed gear other than a hand-line within

  • (a) subject to paragraph (b), 200 m of any previously set fixed gear other than a hand-line; or

  • (b) 300 m of a weir that is in fishing order.

  • SOR/93-61, ss. 10, 53(F)
  • SOR/2017-58, s. 23
  •  (1) Subject to subsections (2) and (3), the master of a vessel fishing with mobile gear shall maintain a distance of at least one-half nautical mile between his vessel, including any mobile gear attached thereto, and any previously set fishing gear.

  • (2) Where a person is fishing for herring in Herring Fishing Area 15, 16, 20 or 21, he shall not operate mobile gear within one nautical mile of any previously set weir or trap net.

  • (3) Where a person is fishing for capelin, herring or mackerel in any of the waters of Capelin Fishing Areas 1 to 14, Herring Fishing Areas 1 to 14 or Mackerel Fishing Areas 1 to 14, he shall not fish with mobile gear within 400 m of any previously set fixed gear.

  • SOR/93-61, s. 53(F)

PART VPelagics

 [Repealed, SOR/2017-58, s. 13]

Capelin

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

Herring

 Subject to sections 41 to 43, no person other than the holder of a bait fishing licence for herring shall fish for herring in a Herring Fishing Area referred to in an item of Schedule VII with the type of gear set out in a subitem of that item during the close time set out in that subitem.

 No person shall fish for herring in the waters set out in an item of Schedule VIII with mobile gear from a vessel of a length set out in that item during the close time set out in that item.

 No person shall fish for herring in the waters of St. Paul’s Inlet in Herring Fishing Area 14 lying inside of the Highway 430 bridge during the period beginning on February 1 and ending on December 31.

  • SOR/93-61, s. 11(E)

 Where, pursuant to these Regulations, a person is prohibited from fishing for herring at a time and place at which he is engaged in a fishing trip for mackerel, that person may retain a quantity of incidentally caught herring that does not exceed a fishing quota of 10 per cent of the weight of the mackerel caught and retained during the fishing trip.

  •  (1) Subject to subsections (2) and (4), no person shall fish for, buy, sell or have in his possession any herring that is less than 26.5 cm in length.

  • (2) Subsection (1) does not apply with respect to herring that are less than 26.5 cm in length where

    • (a) the catching of the herring was incidental to the catching of longer herring; and

    • (b) the number of herring less than 26.5 cm in length retained during any one fishing trip does not exceed 10% of the number of longer herring that were caught and retained during that fishing trip.

  • (3) For the purposes of subsection (2), the percentage shall be determined on the basis of four or more samples taken from the catch, with each sample containing 50 or more herring.

  • (4) Subsection (1) does not apply with respect to herring caught under the authority of a licence for herring fishing with

    • (a) gill nets;

    • (b) any fishing gear in Herring Fishing Areas 20 or 21; or

    • (c) fixed gear in the St. Lawrence River estuary upstream of a straight line joining Latitude 48°54′N., Longitude 68°40′W. to Latitude 48°38′N., Longitude 68°10′W.

  • SOR/93-61, s. 12(E)
  • SOR/2003-137, s. 7(E)

 No person shall, during the period beginning on May 1 and ending on December 31, fish for herring with a gill net that

  • (a) has a mesh size greater than 83 mm; or

  • (b) contains monofilament in the netting.

  • SOR/93-61, s. 13

 [Repealed, SOR/2011-39, s. 2]

 No person who is the master of a fishing vessel shall land or permit to be landed from the vessel, outside Canadian fisheries waters, herring caught by means of mobile gear unless, before it is landed,

  • (a) the herring is inspected by a fishery officer at a Canadian port; or

  • (b) where no fishery officer is available to inspect the herring at a Canadian port, the master of the vessel obtains permission from a fishery officer to land the herring outside Canadian fisheries waters.

  • SOR/89-203, s. 2

 [Repealed, SOR/2011-39, s. 3]

Mackerel

 Subject to section 47, no person other than the holder of a licence for bait fishing for mackerel shall fish for mackerel in a Mackerel Fishing Area referred to in an item of Schedule X with a type of vessel and gear set out in a subitem of that item during the close time set out in that subitem.

 Where, pursuant to these Regulations, a person is prohibited from fishing for mackerel at a time and place at which he is engaged in a fishing trip for herring, that person may retain a quantity of incidentally caught mackerel that does not exceed a fishing quota of 10 per cent of the weight of the herring caught and retained during the fishing trip.

  •  (1) Subject to subsections (2) and (4), no person shall fish for, buy, sell or have in his possession any mackerel that is less than 25 cm in length.

  • (2) Subsection (1) does not apply with respect to mackerel that are less than 25 cm in length where

    • (a) the catching of the mackerel was incidental to the catching of longer mackerel; and

    • (b) the number of mackerel less than 25 cm in length retained during any one fishing trip does not exceed 10% of the number of longer mackerel caught and retained during the fishing trip.

  • (3) For the purposes of subsection (2), the percentage shall be determined on the basis of four or more samples taken from the catch, with each sample containing 50 or more mackerel.

  • (4) Subsection (1) does not apply with respect to mackerel caught with gill nets.

  • SOR/93-61, s. 14(E)
  • SOR/2003-137, s. 8(E)
 
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