Atlantic Fishery Regulations, 1985

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.