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

Regulations are current to 2020-06-28 and last amended on 2018-05-30. Previous Versions

PART VIShellfish (continued)

[SOR/93-61, s. 16(F)]

Clams, Mussels and Oysters (continued)

Licences (continued)

 The Minister may, on application and payment of the fee set out in column II of an item of the table to this section, issue a licence described in column I of the item.

TABLE

Column IColumn II
ItemLicenceFee ($)
1Surf clam fishing licence for commercial purposes30.00
2Atlantic razor clam licence for commercial purposes30.00
3Soft-shell clam fishing licence for commercial purposes30.00
4Mussel fishing licence for commercial purposes30.00
5Oyster fishing licence for commercial purposes30.00
6Fishing licence for the purpose of replantingNo fee
  • SOR/2003-314, s. 3

Fishing for Purposes of Replanting

 Despite any length restriction or close time set out in this Part, a person may, under the authority of a fishing licence for the purpose of replanting issued under this Part, fish for clams, mussels or oysters for the purpose of replanting them in a location that supports their growth, their condition or their accessibility.

  • SOR/2003-314, s. 3

Recreational Fishing

 No person engaged in recreational fishing for clams, mussels or oysters shall fish by any means other than by means of hand or hand-held tools.

  • SOR/2003-314, s. 3

 No person engaged in recreational fishing for clams, mussels or oysters shall fish during the period that begins half an hour after sunset on one day and ends half an hour before sunrise on the following day.

  • SOR/2003-314, s. 3

 No person engaged in recreational fishing for clams, mussels or oysters shall catch and retain, in any one day, a quantity of a species of shellfish set out in column I of an item of the table to this section that is greater than the quota set out in column II of the item.

TABLE

Column IColumn II
ItemSpeciesQuota
1Surf clam300
2Atlantic razor clam300
3Soft-shell clam300
4Mussel300
5Oyster40
  • SOR/2003-314, s. 3

Crab

 No person shall, in a Crab Fishing Area set out in column I of an item of Schedule XII, during the close time set out in column II of that item,

  • (a) subject to section 55, fish for crab;

  • (b) possess any crab unless the crab is being transported under the authority of a fish transporting licence issued under these Regulations; or

  • (c) subject to section 52.1, have a crab trap on board a vessel.

  • SOR/93-61, s. 19
  •  (1) A fishery officer may in writing authorize a person to transport crab traps during a close time in a Crab Fishing Area for the purpose of the sale, repair or storage of those traps.

  • (2) A person shall not transport crab traps pursuant to an authorization referred to in subsection (1) except from and to such locations, in such quantities and on such dates as are set out in that authorization.

  • SOR/93-61, s. 19

 No person shall have in his possession

  • (a) any female crab;

  • (b) any snow crab that is less than 95 mm in width; or

  • (c) in a Crab Fishing Area, any crab part or crab meat separated from the carapace of a crab.

  • SOR/88-232, s. 1
  •  (1) Subject to section 55, no person shall fish for crab except from a vessel and with a crab trap.

  • (2) No person shall fish with or have on board a vessel

    • (a) a crab trap that has a mesh size less than 65 mm; or

    • (b) a crab trap the volume of which exceeds 2.1 m3 when measured on the exterior.

  • (3) In Crab Fishing Areas 1 to 11, no person shall fish with or have on board a vessel

    • (a) a crab trap other than a cone-shaped trap; or

    • (b) a cone-shaped crab trap that has a bottom ring with an inside diameter greater than 133 cm.

 Where a person is fishing for lobster in accordance with these Regulations, that person may, without a licence for crab fishing, retain any male rock crabs caught in his lobster traps.

 [Repealed, SOR/2013-37, s. 1]

Lobster

  •  (1) No person shall, in a Lobster Fishing Area set out in column I of an item of Schedule XIV, during the close time set out in column II of that item,

    • (a) fish for lobster;

    • (b) possess any lobster unless the lobster is being transported under the authority of a fish transporting licence issued under these Regulations; or

    • (c) subject to section 58, have a lobster trap on board a vessel.

  • (2) No person shall possess, in a Lobster Fishing Area set out in column I of an item of Schedule XIV, a lobster of a length that is less than the length set out in column III of that item.

  • (3) No person shall possess, in a Lobster Fishing Area set out in column I of an item of Schedule XIV, any claw, tail or meat that has been separated from the thorax or carapace of a lobster.

  • (4) No person shall fish for lobster in the lagoons of the Magdalen Islands in Lobster Fishing Area 22.

  • SOR/93-61, s. 21
  • SOR/93-215, s. 1
  •  (1) A fishery officer may in writing authorize a person to transport lobster traps during a close time in a Lobster Fishing Area for the purpose of the sale, repair or storage of those traps.

  • (2) A person shall not transport lobster traps pursuant to an authorization referred to in subsection (1) except from and to such locations, in such quantities and on such dates as are set out in that authorization.

  • SOR/93-61, s. 22
  •  (1) Subject to subsection (2), it is prohibited for any person to buy, sell or have in their possession any lobster that is less than 72 mm in length.

  • (2) In Newfoundland and Labrador, it is prohibited for any person to buy, sell or have in their possession any lobster that is less than 82.5 mm in length.

  • (3) No person shall buy, sell or have in their possession any female lobster with eggs attached.

  • (4) No person shall buy, sell or have in his possession

    • (a) any female lobster from which eggs have been washed or removed in whole or in part; or

    • (b) any female lobster that has egg cement or glue on its swimmerets.

  • SOR/93-61, s. 23(F)
  • SOR/2003-137, s. 9
  • SOR/2017-58, s. 15
 
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