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

45 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.

45.1 [Repealed, SOR/2011-39, s. 2]

45.2 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.

45.3 [Repealed, SOR/2011-39, s. 3]

Mackerel

46 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.

47 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.

• 48 (1) Subject to subsections (2) and (4), a person shall not fish for, buy, sell or have in their possession any mackerel that is less than 26.8 cm in length.

• (2) Subsection (1) does not apply with respect to mackerel that are less than 26.8 cm in length if

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

  • (b) the number of mackerel less than 26.8 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.

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

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

• (b) contains monofilament in the netting.

Recreational Mackerel Fishing

49.01 A person engaged in recreational fishing for mackerel in Mackerel Fishing Areas 1 to 21 shall not

• (a) in any one day, have in their possession more than 20 mackerel;

• (b) have in their possession any mackerel that is less than 26.8 cm in length;

• (c) fish for mackerel during the close time of January 1 to March 31; or

• (d) fish for mackerel with more than five fishing lines or with a fishing line to which more than six hooks are attached.

Shark

49.1 No person shall fish for shark with any gear other than angling gear, a hand-line or longline gear.

• 49.2 (1) No person shall, for commercial purposes, fish for a species of shark set out in column I of an item of the table to this subsection in the waters 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 of the item.

  	Column I	Column II	Column III	Column IV
  Item	Species	Waters	Vessel Classes	Close Time
  1	Porbeagle	Subareas 0, 1, 2, 3, 4, 5 and 6	C5000 to C5099	Dec. 1 to Dec. 31
  2	Blue	Subareas 0, 1, 2, 3, 4, 5 and 6	C5000 to C5099	Dec. 1 to Dec. 31
  3	Shortfin mako	Subareas 0, 1, 2, 3, 4, 5 and 6	C5000 to C5099	Dec. 1 to Dec. 31
  4	Any other species of shark not referred to in items 1 to 3	Subareas 0, 1, 2, 3, 4, 5 and 6	C5000 to C5099	Dec. 1 to Dec. 31

• (2) Any close time set out in column IV of the table to subsection (1) may be varied under subsection 6(1) of the Fishery (General) Regulations with respect to any of the vessel classes referred to in column III.

• 49.3 (1) No person shall, for commercial purposes, fish for a species of shark set out in column I of an item of the table to this subsection in the waters set out in column II with a type of gear set out in a subitem in column III during the close time set out in that subitem in column IV of the item.

  	Column I	Column II	Column III	Column IV
  Item	Species	Waters	Gear	Close Time
  1	Porbeagle	Subareas 0, 1, 2, 3, 4, 5 and 6	(a) angling gear	(a) Dec. 1 to Dec. 31
  			(b) handline	(b) Dec. 1 to Dec. 31
  			(c) longline gear	(c) Dec. 1 to Dec. 31
  2	Blue	Subareas 0, 1, 2, 3, 4, 5 and 6	(a) angling gear	(a) Dec. 1 to Dec. 31
  			(b) handline	(b) Dec. 1 to Dec. 31
  			(c) longline gear	(c) Dec. 1 to Dec. 31
  3	Shortfin mako	Subareas 0, 1, 2, 3, 4, 5 and 6	(a) angling gear	(a) Dec. 1 to Dec. 31
  			(b) handline	(b) Dec. 1 to Dec. 31
  			(c) longline gear	(c) Dec. 1 to Dec. 31
  4	Any other species of shark not referred to in items 1 to 3	Subareas 0, 1, 2, 3, 4, 5 and 6	(a) angling gear	(a) Dec. 1 to Dec. 31
  			(b) handline	(b) Dec. 1 to Dec. 31
  			(c) longline gear	(c) Dec. 1 to Dec. 31

• (2) No person shall, for recreational purposes, fish for a species of shark set out in column I of an item of the table to this subsection in the waters set out in column II with a type of gear set out in a subitem in column III during the close time set out in that subitem in column IV of the item.

  	Column I	Column II	Column III	Column IV
  Item	Species	Waters	Gear	Close Time
  1	Porbeagle	Subareas 0, 1, 2, 3, 4, 5 and 6	(a) angling gear	(a) Jan. 1 to Mar. 31
  			(b) handline	(b) Jan. 1 to Mar. 31
  			(c) longline gear	(c) Jan. 1 to Mar. 31
  2	Blue	Subareas 0, 1, 2, 3, 4, 5 and 6	(a) angling gear	(a) Jan. 1 to Mar. 31
  			(b) handline	(b) Jan. 1 to Mar. 31
  			(c) longline gear	(c) Jan. 1 to Mar. 31
  3	Shortfin mako	Subareas 0, 1, 2, 3, 4, 5 and 6	(a) angling gear	(a) Jan. 1 to Mar. 31
  			(b) handline	(b) Jan. 1 to Mar. 31
  			(c) longline gear	(c) Jan. 1 to Mar. 31
  4	Any other species of shark not referred to in items 1 to 3	Subareas 0, 1, 2, 3, 4, 5 and 6	(a) angling gear	(a) Jan. 1 to Mar. 31
  			(b) handline	(b) Jan. 1 to Mar. 31
  			(c) longline gear	(c) Jan. 1 to Mar. 31

Swordfish

• 50 (1) No person shall fish for swordfish in the waters set out in column I of the item of the table to this subsection from a vessel of a vessel class set out in column II during the close time set out in column III of the item.

  Item	Column I	Column II	Column III
  	Waters	Vessel Classes	Close Time
  1	Subareas 0, 1, 2, 3, 4, 5 and 6	C5100 to C5499	Jan. 1 to Jan. 31

• (1.1) The close time set out in column III of the table to subsection (1) may be varied under subsection 6(1) of the Fishery (General) Regulations with respect to any of the vessel classes referred to in column II.

• (1.2) No person shall fish for swordfish in the waters set out in column I of the item of the table to this subsection with a type of gear set out in a subitem in column II during the close time set out in that subitem in column III of the item.

  Item	Column I	Column II	Column III
  	Waters	Gear	Close Time
  1	Subareas 0, 1, 2, 3, 4, 5 and 6	(a) longline gear	(a) Jan. 1 to Jan. 31
  		(b) harpoon	(b) Jan. 1 to Jan. 31
  		(c) trolling gear	(c) Jan. 1 to Jan. 31
  		(d) any other gear not referred to in subitems (a) to (c)	(d) Jan. 1 to Jan. 31

• (2) Subject to subsection (3), no person shall be in possession of any swordfish that is less than 125 cm in length.

• (3) Subsection (2) does not apply where

  • (a) the catching of the swordfish that are less than 125 cm in length was incidental to the catching of longer swordfish; and

  • (b) the number of swordfish less than 125 cm in length that are retained during any one fishing trip does not exceed a fishing quota of 15 per cent of the number of longer swordfish that are retained during that fishing trip.