Maritime Provinces Fishery Regulations (SOR/93-55)

Short Title

1 These Regulations may be cited as the Maritime Provinces Fishery Regulations.

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Fisheries Act; (Loi)

  angling

  angling means fishing with a line to which one or more hooks are attached and that is held in the hand or attached to a rod that is held in the hand or closely attended; (pêche à la ligneouà la ligne)

  artificial fly

  artificial fly means a single hook, a double hook or two single hooks that are dressed with materials likely to attract fish and to which no weight, spinning device or natural bait is attached; (mouche artificielle)

  bag net

  bag net means a net

  • (a) that is attached to stakes or buoys,

  • (b) the bag of which floats with the tide or current, and

  • (c) that is used to catch fish without enmeshing them; (filet à poche)

  brook trout

  brook trout includes any hybrid of brook trout, but does not include splake; (omble de fontaine)

  clams

  clams includes bar clams, bay quahaugs, razor clams and soft-shell clams; (clams)

  day

  day means a calendar day; (jour ou journée)

  Department

  Department means the Department of Fisheries and Oceans; (ministère)

  dip net

  dip net means a bag-like net that is

  • (a) fixed to a frame to which a handle is attached, and

  • (b) manipulated by hand to catch fish without enmeshing them; (épuisette)

  drag rake

  drag rake means a device used in fishing for shellfish that is towed along the bed of the water by a vessel, but does not include a hydraulic device or a mechanical device; (râteau traînant)

  drift net

  drift net means a gill net that drifts in the water, whether or not it is attached to a vessel, and includes a gill net that is not anchored at both ends; (filet dérivant)

  foreign fishing vessel

  foreign fishing vessel has the same meaning as in section 2 of the Coastal Fisheries Protection Act; (bateau de pêche étranger)

  gill net

  gill net means a net by which fish are caught by being enmeshed and that does not enclose an area of water; (filet maillant)

  hook

  hook, in relation to angling, means a single, double or treble hook, with or without barbs, on one shank or shaft; (hameçon)

  hydraulic device

  hydraulic device means a device used in fishing for shellfish whereby the shellfish are lifted from the bed of the water by the use of water under pressure; (dispositif hydraulique)

  Indian food fishing

  Indian food fishing[Repealed, SOR/93-335, s. 1]

  inland waters

  inland waters means

  • (a) all waters of a river, stream or brook set out in column I of an item of Schedule II that are upstream of the boundary or reference point, as the case may be, set out in column II of that item, including any waters tributary thereto that are upstream of that boundary or reference point, and

  • (b) in any case not referred to in paragraph (a), all waters that are upstream of the low-water mark at the time of low water as set out in the Canadian Tide and Current Tables published by the Department; (eaux intérieures)

  jigging

  jigging means fishing by manipulating one or more hooks so as to pierce a fish in any part of its body instead of luring the fish to take the hook or hooks into its mouth; (pêche à la turlutte)

  landlocked salmon

  landlocked salmon means non-anadromous salmon; (ouananiche)

  leased oyster area

  leased oyster area means an area for which a special licence or lease has been granted to a person under section 58 or 59 of the Act for the purpose of planting or forming oyster beds or for the cultivation and production of oysters; (secteur ostréicole amodié)

  length

  length means

  • (a) in relation to an eel, the distance measured in a straight line from the tip of the nose to the tip of the caudal fin,

  • (b) in relation to a salmon or a landlocked salmon, the distance measured in a straight line from the tip of the nose to the fork of the tail,

  • (c) in relation to a shellfish, the distance measured in a straight line through the longest part of the shell, and

  • (d) in relation to any other fish referred to in these Regulations, the distance measured in a straight line from the tip of the nose to the tip of the tail; (longueur)

  longline

  longline means a line to which two or more hooks are attached at intervals and that is anchored to the bed of the water; (palangre)

  mechanical device

  mechanical device means any device or equipment used in fishing for shellfish that is not

  • (a) hand-held,

  • (b) a drag rake, or

  • (c) a hydraulic device; (dispositif mécanique)

  mesh size

  mesh size has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (maillage)

  open season

  open season means a period of time during which no close time applies; (période d’ouverture)

  province

  province means, except in the definition salmon tag, the province of Nova Scotia, New Brunswick or Prince Edward Island; (province)

  public oyster-fishing area

  public oyster-fishing area means any area that is not a leased oyster area; (gisement public de pêche des huîtres)

  recreational fishing

  recreational fishing means fishing solely for pleasure or fishing to catch fish solely for personal use; (pêche récréative)

  Regional Director-General

  Regional Director-General[Repealed, SOR/2001-452, s. 1]

  registration card

  registration card means a fisher’s registration card or a vessel registration card issued under section 5 or under the Atlantic Fishery Regulations, 1985; (carte d’enregistrement)

  salmon

  salmon means anadromous salmon; (saumon)

  salmon tag

  salmon tag means a tag that is designed to be affixed to a salmon to identify the source and year of capture of the salmon and that

  • (a) is issued with a licence, written permission or other document under the authority of which the salmon was caught that is issued under

    • (i) the Act or the regulations made thereunder,

    • (ii) the National Parks Act or the regulations made thereunder,

    • (iii) an Act of the legislature of a province of Canada or the regulations made thereunder, or

    • (iv) the laws of any country other than Canada,

  • (b) is legible, and

  • (c) has not been tampered with; (étiquette à saumon)

  set line

  set line means a line that is not attached to a rod or held in the hand and to which only one hook with a single point or barb is attached; (ligne fixe)

  shellfish

  shellfish means clams, mussels and oysters; (mollusques et crustacés)

  splake

  splake means a trout that is a cross between a male brook trout and a female lake trout; (truite moulac)

  sport fish

  sport fish means smallmouth bass, landlocked salmon, salmon and trout; (poisson de sport)

  square net

  square net means a net made of wire or twine and attached to a pole that is manipulated on a pivot so as to lower and raise the net in the water to catch fish without enmeshing them; (carrelet)

  tidal waters

  tidal waters means, in relation to a county or province, all waters, other than inland waters, that are

  • (a) within that county or province, or

  • (b) adjacent to that county or province and closer to that county or province than to any other county or province; (eaux à marée)

  trap net

  trap net means a net that is set so as to enclose an area of water into which fish are guided through an opening or openings by one or more leaders, including what is commonly referred to as a box net but not including an eel trap; (trappe en filet)

  trout

  trout means Arctic char, brook trout, brown trout, lake trout and rainbow trout; (truite)

  weir

  weir has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (bordigue)

  whitefish

  whitefish means lake whitefish and round whitefish. (corégone)

• (2) A reference in these Regulations to a species or group of species of fish by its common name as set out in column I of an item of Schedule I shall be construed as a reference to the species or group of species whose scientific name is set out in column II that item.

• (3) A reference in these Regulations to the weight of fish shall be construed as a reference to the weight of the fish in a completely unprocessed state.

• (4) A reference in these Regulations to a grid reference is a grid reference based on the Universal Transverse Mercator Grid system expressed in the North American Datum 1927 (NAD 27) used in the National Topographic Series Maps, Scale 1:50,000, published by the Department of Natural Resources.

• (5) Unless otherwise provided or a contrary intention appears, a reference in these Regulations to a river, stream or brook by its proper name shall be construed to include all waters forming part of that river, stream or brook and all waters tributary thereto.

• (6) The provisions of these Regulations respecting shellfish that apply to specified waters apply also to the foreshore of those specified waters.

• (7) In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North American Datum 1927 (NAD 27) geodetic reference system.

• (8) In these Regulations, the lines connecting points or coordinates are rhumb lines, unless stated otherwise.

Application

• 3 (1) These Regulations apply in Nova Scotia, New Brunswick and Prince Edward Island and in Canadian fisheries waters adjacent to those provinces.

• (2) These Regulations do not apply in respect of

  • (a) [Repealed, SOR/93-335, s. 2]

  • (b) fishing for marine mammals;

  • (c) fishing carried out under the authority of a licence issued under the Atlantic Fishery Regulations, 1985;

  • (d) cultivated fish found in or taken from

    • (i) an aquaculture area or site operated under a lease or licence issued by the Minister or under the Fisheries and Coastal Resources Act of Nova Scotia or the Aquaculture Act of New Brunswick, or

    • (ii) a privately owned fish pond that does not contain any wild fish and to which wild fish have no access;

  • (e) national parks where the National Parks Fishing Regulations apply; or

  • (f) a foreign fishing vessel or a person fishing from a foreign fishing vessel, except where the vessel or person is engaged in recreational fishing.

• (3) Except for this section and sections 2, 4, 6, 18, 19, 22, 25 to 29, 34, 35, 39, 56, 58, and 68, these Regulations 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.

PART IGeneral

Licences, Registration Cards and Certificates

• 4 (1) Subject to subsections (2) to (5), no person shall fish for or catch and retain any fish unless

  • (a) the person is

    • (i) authorized to do so under the authority of a licence issued under these Regulations, the Fishery (General) Regulations or the Aboriginal Communal Fishing Licences Regulations, or

    • (ii) accompanying a person referred to in subparagraph (i) and is fishing for

      • (A) eels with eel traps,

      • (B) gaspereau with gill nets, trap nets, square nets or weirs,

      • (C) shad with gill nets, square nets or trap nets,

      • (D) silversides with trap nets,

      • (E) smelt with bag nets, box nets or gill nets,

      • (F) sturgeon with gill nets, or

      • (G) tomcod with bag nets, box nets or gill nets;

  • (b) the person holds a fisher’s registration card or a provincial or territorial fisher’s certificate, as defined in section 2 of the Fishery (General) Regulations; and

  • (c) where a vessel is used in fishing, a vessel registration card has been issued in respect of that vessel.

• (2) A person may retain

  • (a) shad incidentally caught with gaspereau fishing gear operated under the authority of a licence;

  • (b) [Repealed, SOR/96-125, s. 1]

  • (c) tomcod incidentally caught with smelt fishing gear operated under the authority of a licence.

• (3) Subsection (1) does not apply in respect of

  • (a) recreational fishing by angling or with set lines;

  • (b) recreational fishing for clams or mussels by hand or with hand-held tools;

  • (c) recreational fishing for eels, smelt or tomcod with spears in tidal waters;

  • (d) recreational fishing for smelt with dip nets;

  • (e) recreational fishing for gaspereau with dip nets in waters other than

    • (i) the inland and tidal waters of Prince Edward Island, and

    • (ii) the inland waters of the Miramichi River and the Saint John River;

  • (f) fishing for oysters in a leased oyster area; or

  • (g) fishing for minnows with minnow traps or dip nets.

• (4) Paragraphs (1)(b) and (c) do not apply in respect of fishing under the authority of a recreational fishing licence or a licence issued under the Aboriginal Communal Fishing Licences Regulations.

• (5) Paragraph (1)(c) does not apply in respect of fishing for oysters in a public oyster-fishing area in the inland or tidal waters of Prince Edward Island or Nova Scotia.

5 The Minister, upon application for a licence or registration card set out in column I of an item of the table to this section and payment of the fee set out in column II of that item, may issue that licence or registration card.

Prohibited Species

6 No person shall catch and retain or possess Atlantic whitefish.

Fishing in Inland Waters

• 7 (1) Subject to subsection (2), no person shall fish in inland waters except by angling.

• (2) Subsection (1) does not apply to a person who is fishing

  • (a) for gaspereau, smelt or shellfish;

  • (b) for minnows with minnow traps or dip nets;

  • (c) with set lines under Parts XVIII and XIX; or

  • (d) under the authority of a licence that authorizes fishing in inland waters by means other than angling.

8 No person shall fish in inland waters with the aid of an artificial light or light from a fire.

Jigging Restrictions

9 No person shall fish or assist in fishing by jigging in inland waters or assist in landing fish that have been caught by jigging in inland waters.

9.1 No person shall fish by jigging in the waters set out in column I of the table to this section during the close time set out in column II.

Angling

10 Notwithstanding any open season set out in these Regulations for angling in any inland waters, no person shall angle for any species of fish in those inland waters unless an open season for at least one species of sport fish is in effect in those waters.

11 No person shall angle in inland waters

• (a) with more than one fishing line; or

• (b) with a fishing line to which more than three hooks are attached.

11.1 No person shall angle in tidal waters for sport fish

• (a) with more than one fishing line; or

• (b) with a fishing line to which more than three hooks are attached.

11.2 No person shall angle in tidal waters for any species of fish other than sport fish

• (a) with more than five fishing lines; or

• (b) with a fishing line to which more than six hooks are attached.

11.3 For greater certainty, the prohibitions set out in sections 11.1 and 11.2 do not apply to fishing for commercial purposes.

• 12 (1) Subject to subsection (2), no person shall angle for sport fish during the period beginning two hours after sunset and ending two hours before sunrise.

• (2) Subsection (1) does not apply in respect of

  • (a) angling for smallmouth bass in Micmac Lake or Banook Lake in Halifax County, Nova Scotia;

  • (b) angling for brown trout in the Cornwallis River, Kings County, Nova Scotia or in the Mersey River, Queens County, Nova Scotia, downstream from Lake Rossignol to the dam at Cowie Falls; or

  • (c) angling during the period beginning on January 1 and ending on March 31 in the waters set out in section 116 or Schedule IX.

• (3) Nothwithstanding subsection (1), no person shall angle in the inland waters of Nova Scotia set out in Schedule IV during the period beginning at 22:00 h on any day and ending at 06:00 h on the following day.

13 Every person who catches a sport fish by hooking it in a part of its body other than its mouth shall forthwith return the fish to the water from which it was caught and, where the fish is alive, release the fish in a manner that causes the least harm to it.

14 No person shall use a gaff or spear to land a sport fish that has been caught by angling.

15 No person shall angle or assist in angling from

• (a) any bridge in Nova Scotia that spans any waters set out in column I of Schedule IV; or

• (b) any bridge in New Brunswick that spans the inland waters of or forms the boundary for the inland waters of any river, stream or brook set out in column I of Schedule II.

• 16 (1) No person shall angle for any species of fish in the waters set out in column I of Schedule IV by a method set out in column II during the close time set out in column III.

• (2) The close time established by subsection (1) is considered to be fixed separately and independently for each species of fish found in those waters.

Possession Limits

• 17 (1) No person shall possess at any time more salmon taken by angling in accordance with these Regulations than the applicable yearly fishing quota for salmon prescribed by these Regulations.

• (2) No person shall possess at any time more fish of a species taken by recreational fishing in accordance with these Regulations, except for salmon, than the applicable daily fishing quota for that species prescribed by these Regulations.

General Bait Provisions

18 No person shall use as bait, or possess for use as bait, in a province any

• (a) live or dead

  • (i) bass, bullhead, sunfish, white perch, yellow perch or other spiny fin-rayed fish,

  • (ii) goldfish or other carp, or

  • (iii) chain pickerel; or

• (b) live fish that was not taken in that province.

Bait Provisions Specific to New Brunswick

• 19 (1) Subject to subsection (2), no person shall use as bait or possess for use as bait in the inland waters of New Brunswick any live fish.

• (2) A person may use live fish for bait, or possess live fish for use as bait, in a body of water set out in section 116 if the fish was taken from that body of water and it is not a species of fish set out in paragraph 18(a).

Gear Restrictions

20 No person shall fish for any species of fish in the waters set out in column I of an item of Schedule III by a method set out in column II of that item during the close time set out in column III of that item.

21 Every person who fishes with a gill net shall set it in a straight line.

22 No person in a province shall, without lawful excuse, possess any fishing net other than a dip net.

• 23 (1) No person shall possess in inland waters or within 15 m of inland waters a jigging device or spear.

• (2) No person shall possess in inland waters or within 15 m of inland waters a snare or bow and arrow unless the person is lawfully hunting or trapping under the laws of a province.

24 Every person who is fishing for gaspereau or shad with a gill net, trap net or weir shall, during the applicable weekly close time for those fish set out in Schedules V and VIII, respectively,

• (a) remove the gill net from the water; and

• (b) render the trap net or weir incapable of catching fish.

25 No person shall fish with a weir constructed in tidal waters that goes dry at low tide unless

• (a) the weir contains escape gates for the release of fish; and

• (b) the person opens the escape gates before each low tide and releases any incidental catch of fish.

Spacing of Fishing Gear

26 Except as otherwise provided as a condition of a licence, no person shall

• (a) fish for gaspereau in the Gaspereau River, Kings County, Nova Scotia, with

  • (i) a dip net within 90 m of a square net,

  • (ii) a square net within 60 m of any other square net, or

  • (iii) a square net within 60 m of a dam;

• (b) fish for smelt or tomcod in waters other than the Miramichi River or Miramichi Bay with a bag net, trap net or gill net within

  • (i) 45 m of any other bag net, trap net or gill net, or

  • (ii) 90 m upstream or downstream of any other bag net, trap net or gill net;

• (c) fish for smelt or tomcod in the Miramichi River or Miramichi Bay with a bag net, trap net or gill net within

  • (i) 90 m of any other bag net, trap net or gill net, or

  • (ii) 180 m upstream or downstream of any other bag net, trap net or gill net;

• (d) fish for smelt or tomcod with a bag net, trap net or gill net within 90 m of a bridge; or

• (e) in any case not provided for in paragraphs (a) to (d), fish with or set any fishing gear, other than angling gear, a dip net, a minnow trap or a spear, within 200 m of any fishing gear previously set.

Tending of Fishing Gear

27 No person shall leave fishing gear unattended in the water for more than 72 consecutive hours.

Temporary Shelters on Ice

• 28 (1) No person shall, in the provinces of Prince Edward Island and Nova Scotia, place a shack or temporary shelter on the ice over any waters, unless the name and address of the owner is painted on or otherwise affixed to the shack or temporary shelter.

• (2) The letters and numerals forming the name and address of the owner of a shack or temporary shelter referred to in subsection (1) shall be

  • (a) legible;

  • (b) not less than 50 mm in height; and

  • (c) in a colour that contrasts with their background.

• (3) No person shall place a shack or temporary shelter on the ice before January 1 in any waters set out in section 116 or Schedule IX.

• (4) Every shack or temporary shelter placed on the ice shall be removed by the owner by midnight on April 2, in any year, or, depending on ice conditions, by the earlier or later date as may be specified by a fishery officer.

Taking Shellfish for Replanting

29 Notwithstanding any close time or size limit set out in these Regulations, a person may, under the authority of a shellfish replanting licence, fish for shellfish for the purpose of relocating them to improve their growth, condition or accessibility.

PART I.1Inshore and Coastal Licences

Interpretation

• 29.01 (1) The following definitions apply in this Part.

  family member

  family member has the meaning assigned by paragraph (a) of the definition related persons in subsection 251(2) of the Income Tax Act. (membre de la famille)

  inshore family fishing corporation

  inshore family fishing corporation means a corporation that operates an inshore fishing enterprise and that meets the following conditions:

  • (a) 100% of its voting shares are held by a licence holder;

  • (b) the sole director is the licence holder or, if the licence holder is a corporation, all of the shares of which belong to one individual, that individual; and

  • (c) 100% of its non-voting shares, if any, are held by

    • (i) a member of the licence holder’s family or, if the licence holder is a corporation, all of the shares of which belong to one individual, a member of that individual’s family, or

    • (ii) an inshore fishing corporation or an inshore fishing family trust. (société familiale de pêche côtière)

  inshore fishing corporation

  inshore fishing corporation means a corporation that meets the following conditions:

  • (a) 100% of its voting shares are held by a licence holder;

  • (b) the sole director is the licence holder or, if the licence holder is a corporation, all of the shares of which belong to one individual, that individual; and

  • (c) 100% of its non-voting shares, if any, are held by

    • (i) a member of the licence holder’s family or, if the licence holder is a corporation, all of the shares of which belong to one individual, a member of that individual’s family, or

    • (ii) an inshore fishing corporation or an inshore fishing family trust. (société de pêche côtière)

  inshore fishing family trust

  inshore fishing family trust means a trust

  • (a) that has as its sole trustee a licence holder or, if the licence holder is a corporation all of the shares of which belong to one individual, that individual; and

  • (b) for which each beneficiary must be either a member of the licence holder’s family or, if the licence holder is a corporation all of the shares of which belong to one individual, a member of that individual’s family or an inshore fishing company. (fiducie familiale de pêche côtière)

• (2) For the purposes of the definition family member, common-law partnership is to be read as a person who is cohabiting with a licence holder in a relationship of a conjugal nature and has done so for a period of at least one year.

Eligibility Criteria

29.1 This Part applies to the following licences:

• (a) an inshore fishing licence that is held by a licence holder that is identified as an independent core licence holder with the Minister of Fisheries and Oceans Canada;

• (b) a coastal fishing licence, other than a commercial fishing licence to fish for elver;

• (c) an inshore fishing licence with “designated operator status” or “exploitant désigné” or an equivalent expression appearing on it and that is held by a licence holder referred to in paragraph (a);

• (d) an inshore fishing licence that is held by a licence holder that is identified as a head of a non-core enterprise with the Minister of Fisheries and Oceans Canada;

• (e) an inshore fishing licence with “designated operator status” or “exploitant désigné” or an equivalent expression appearing on it and that is held by a licence holder referred to in paragraph (d);

• (f) an inshore fishing licence held by an organization that has been issued an allocation of fish to catch for the benefit of its membership; and

• (g) an inshore fishing licence held by a corporation that held such a licence before January 19, 1989, unless

  • (i) “designated operator status” or “exploitant désigné” or an equivalent expression appears on the licence, or

  • (ii) the corporation held an inshore fishing licence before January 1, 1979.

• 29.2 (1) A licence referred to in paragraphs 29.1(a) to (f) may only be issued to

  • (a) an individual or their estate or succession;

  • (b) a corporation, all of the shares of which belong to one individual; or

  • (c) an organization referred to in paragraph 29.1(f).

• (2) In the case of a licence referred to in paragraph 29.1(a), (b), (d) or (g), the activities authorized under the licence must be carried out personally by the licence holder, the operator named in the licence or a person authorized in accordance with subsection 23(2) of the Fishery (General) Regulations.

• (3) A licence referred to in paragraph 29.1(a) or (c) shall not be issued if, at the time of application, the applicant has transferred the use or control of the rights or privileges conferred under the licence for which the applicant is the licence holder or was the licence holder in the 12 months prior to the application or conferred under a licence that may be issued to the applicant.

• (4) A licence holder that has been denied the issuance of a licence under subsection (3) or has had a licence cancelled under paragraph 9(1)(b) of the Act and did not resolve the matter that gave rise to the denial, suspension or cancellation within 12 months of the day on which the licence was denied, suspended or cancelled is never eligible to hold the same type of licence again.

• (5) Subsection (3) does not apply in the following circumstances:

  • (a) the licence is offered as security in a financial agreement under provincial legislation;

  • (b) in the case referred to in paragraph (a), a creditor that is a recognized financial institution uses or controls the rights or privileges under the licence in order to exercise its rights with respect to a security;

  • (c) in the case referred to in paragraph (a), a creditor that is not a recognized financial institution, uses the privilege under the licence to recommend to the Minister the next licence holder or the reallocation of fishing quota, in order to exercise its rights with respect to a security;

  • (d) a trustee or receiver appointed under the Bankruptcy and Insolvency Act uses or controls rights or privileges conferred by the licence;

  • (e) all or part of the rights of the proceeds from the sale of the catch are transferred to any person on the vessel who is participating in making the catch;

  • (f) in the case of an applicant that is a licence holder, the rights and privileges under that licence or the rights and privileges to be granted if the application is accepted have been transferred to an inshore family fishing corporation of which the applicant holds 100% of the voting shares;

  • (g) in the case of an applicant that is not a licence holder, the rights and privileges that are granted under the licence if the application is accepted have been transferred to a corporation that would be an inshore family fishing corporation of which the applicant holds 100% of the voting shares if the licence was issued;

  • (h) with the authorization of the Minister, the licence holder transfers the rights or privileges under the licence in order to give effect to the following arrangements made with other holders of the licences referred to in any of paragraphs 29.1(a) to (g):

    • (i) an arrangement for the reallocation of a fishing quota, or

    • (ii) an arrangement for the reallocation of authorized fishing gear;

  • (i) an organization referred to in paragraph 29.1(f) has required the licence holder to provide part of the proceeds from the sale of the catch back to the organization in exchange for additional fish allocation;

  • (j) a liquidator of the succession, an executor or an administrator of the estate appointed upon the death of the licence holder uses or controls the rights or privileges under the licence;

  • (k) a person is authorized to act on behalf of the licence holder in the case of their incapacity, including a guardian, committee, Public Guardian and Trustee, tutor, curator, Public Curator, mandatary under a protection mandate or any other person who is appointed to act in a similar capacity; or

  • (l) a person has received an authorization in accordance with subsection 23(2) of the Fishery (General) Regulations with respect to the licence.

Requirements for Certain Licences

29.3 A licence holder referred to in paragraph 29.1(a) or (c) shall keep a registry of the crew on board the vessel on each fishing trip.

29.4 Except in the cases referred to in subsection 29.2(5), a holder of a licence referred to in paragraph 29.1(a) or (c) shall not transfer the use or control of the rights or privileges conferred under that licence.

29.5 Except in the cases referred to in subsection 29.2(5), only the holder of a licence referred to in paragraph 29.1(a) or (c) shall use or control the rights and privileges conferred under that licence.

PART IIBurbot

Application

30 This Part does not apply in respect of recreational fishing for burbot

• (a) by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31; or

• (b) in the waters set out in section 116.

Gear Restrictions

30.1 No person shall fish for burbot except by angling.

Close Times

30.2 No person shall fish for burbot in the waters set out in column I of the table to this section during the close time set out in column II.

Quotas and Length Restrictions

30.3 No person shall catch and retain in any day from the waters set out in column I of the table to section 30.2

• (a) more burbot than the fishing quota set out in column III; or

• (b) any burbot the length of which is less than the minimum length set out in column IV, or more than the maximum length set out in column V.

PART II.1Chain Pickerel

Application

31 This Part does not apply in respect of recreational fishing for chain pickerel

• (a) by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31; or

• (b) in the waters set out in section 116.

Gear Restrictions

31.1 No person shall fish for chain pickerel except by angling.

Close Times

31.2 No person shall fish for chain pickerel in the waters set out in column I of the table to this section during the close time set out in column II.

Quotas and Length Restrictions

31.3 No person shall catch and retain in any day from the waters set out in column I of the table to section 31.2

• (a) more chain pickerel than the fishing quota set out in column III; or

• (b) any chain pickerel the length of which is less than the minimum length set out in column IV, or more than the maximum length set out in column V.

PART IIIClams

Gear Restrictions

• 32 (1) No person shall engage in recreational fishing for a species set out in column II of the table to this section in the waters set out in column I by a method set out in column III during the close time set out in column IV.

• (2) No person shall engage in fishing for commercial purposes for a species set out in column II of the table to this section in the waters set out in column I by a method set out in column III during the close time set out in column IV.

  Item	Column I	Column II	Column III	Column IV
  	Waters	Species	Method	Close Time
  1	Inland and tidal waters of Nova Scotia.	(1) Bar clam	(1) Hand and hand-held tools, when not diving	(1) Jan. 1 to March 31
  			(2) Hand and hand-held tools, when diving	(2) Jan. 1 to March 31
  			(3) Drag rake	(3) Jan. 1 to March 31
  			(4) Hydraulic device	(4) Jan. 1 to March 31
  			(5) Mechanical device	(5) Jan. 1 to March 31
  			(6) Any other method	(6) Jan. 1 to Dec. 31
  		(2) Bay quahaug	(1) Hand and hand-held tools, when not diving	(1) Jan. 1 to March 31
  			(2) Hand and hand-held tools, when diving	(2) Jan. 1 to March 31
  			(3) Drag rake	(3) Jan. 1 to March 31
  			(4) Hydraulic device	(4) Jan. 1 to March 31
  			(5) Mechanical device	(5) Jan. 1 to March 31
  			(6) Any other method	(6) Jan. 1 to Dec. 31
  		(3) Razor clam	(1) Hand and hand-held tools, when not diving	(1) Jan. 1 to March 31
  			(2) Hand and hand-held tools, when diving	(2) Jan. 1 to March 31
  			(3) Drag rake	(3) Jan. 1 to March 31
  			(4) Hydraulic device	(4) Jan. 1 to March 31
  			(5) Mechanical device	(5) Jan. 1 to March 31
  			(6) Any other method	(6) Jan. 1 to Dec. 31
  		(4) Soft-shell clam	(1) Hand and hand-held tools, when not diving	(1) Jan. 1 to March 31
  			(2) Hand and hand-held tools, when diving	(2) Jan. 1 to March 31
  			(3) Drag rake	(3) Jan. 1 to March 31
  			(4) Hydraulic device	(4) Jan. 1 to March 31
  			(5) Mechanical device	(5) Jan. 1 to March 31
  			(6) Any other method	(6) Jan. 1 to Dec. 31
  2	Inland and tidal waters of New Brunswick.	(1) Bar clam	(1) Hand and hand-held tools, when not diving	(1) Jan. 1 to March 31
  			(2) Hand and hand-held tools, when diving	(2) Jan. 1 to March 31
  			(3) Drag rake	(3) Jan. 1 to March 31
  			(4) Hydraulic device	(4) Jan. 1 to March 31
  			(5) Mechanical device	(5) Jan. 1 to March 31
  			(6) Any other method	(6) Jan. 1 to Dec. 31
  		(2) Bay quahaug	(1) Hand and hand-held tools, when not diving	(1) Jan. 1 to March 31
  			(2) Hand and hand-held tools, when diving	(2) Jan. 1 to March 31
  			(3) Drag rake	(3) Jan. 1 to March 31
  			(4) Hydraulic device	(4) Jan. 1 to March 31
  			(5) Mechanical device	(5) Jan. 1 to March 31
  			(6) Any other method	(6) Jan. 1 to Dec. 31
  		(3) Razor clam	(1) Hand and hand-held tools, when not diving	(1) Jan. 1 to March 31
  			(2) Hand and hand-held tools, when diving	(2) Jan. 1 to March 31
  			(3) Drag rake	(3) Jan. 1 to March 31
  			(4) Hydraulic device	(4) Jan. 1 to March 31
  			(5) Mechanical device	(5) Jan. 1 to March 31
  			(6) Any other method	(6) Jan. 1 to Dec. 31
  		(4) Soft-shell clam	(1) Hand and hand-held tools, when not diving	(1) Jan. 1 to March 31
  			(2) Hand and hand-held tools, when diving	(2) Jan. 1 to March 31
  			(3) Drag rake	(3) Jan. 1 to March 31
  			(4) Hydraulic device	(4) Jan. 1 to March 31
  			(5) Mechanical device	(5) Jan. 1 to March 31
  			(6) Any other method	(6) Jan. 1 to Dec. 31
  3	Inland and tidal waters of Prince Edward Island.	(1) Bar clam	(1) Hand and hand-held tools, when not diving	(1) Jan. 1 to March 31
  			(2) Hand and hand-held tools, when diving	(2) Jan. 1 to March 31
  			(3) Drag rake	(3) Jan. 1 to March 31
  			(4) Hydraulic device	(4) Jan. 1 to March 31
  			(5) Mechanical device	(5) Jan. 1 to March 31
  			(6) Any other method	(6) Jan. 1 to Dec. 31
  		(2) Bay quahaug	(1) Hand and hand-held tools, when not diving	(1) Jan. 1 to March 31
  			(2) Hand and hand-held tools, when diving	(2) Jan. 1 to March 31
  			(3) Drag rake	(3) Jan. 1 to March 31
  			(4) Hydraulic device	(4) Jan. 1 to March 31
  			(5) Mechanical device	(5) Jan. 1 to March 31
  			(6) Any other method	(6) Jan. 1 to Dec. 31
  		(3) Razor clam	(1) Hand and hand-held tools, when not diving	(1) Jan. 1 to March 31
  			(2) Hand and hand-held tools, when diving	(2) Jan. 1 to March 31
  			(3) Drag rake	(3) Jan. 1 to March 31
  			(4) Hydraulic device	(4) Jan. 1 to March 31
  			(5) Mechanical device	(5) Jan. 1 to March 31
  			(6) Any other method	(6) Jan. 1 to Dec. 31
  		(4) Soft-shell clam	(1) Hand and hand-held tools, when not diving	(1) Jan. 1 to March 31
  			(2) Hand and hand-held tools, when diving	(2) Jan. 1 to March 31
  			(3) Drag rake	(3) Jan. 1 to March 31
  			(4) Hydraulic device	(4) Jan. 1 to March 31
  			(5) Mechanical device	(5) Jan. 1 to March 31
  			(6) Any other method	(6) Jan. 1 to Dec. 31

Quotas and Length Restrictions

33 No person engaged in recreational fishing for clams by hand or with hand-held tools shall catch and retain, in any day, more than 300 clams in the aggregate from any or all of the following species:

• (a) bar clam;

• (b) bay quahaug;

• (c) razor clam; and

• (d) soft-shell clam.

34 No person shall catch and retain from the waters set out in column I of an item of the table to this section any clam of a species set out in column II of that item the length of which is less than the minimum length for that species set out in column III of that item.

PART IVEels

Interpretation

35 In this Part,

eel pot

eel pot means a type of fishing gear used to catch eels without enmeshing them that

• (a) contains bait which attracts eels into it through one or more openings, and

• (b) does not have a leader of any kind; (nasse à anguille)

eel trap

eel trap means any fishing gear used to catch eels without enmeshing them and includes a fyke net and eel weir but does not include a dip net, eel pot, longline, set line, spear or angling gear; (trappe à anguille)

elver

elver means an eel that is less than 10 cm in length. (civelle)

Gear Restrictions

36 No person shall fish for eels except by angling or with an eel pot, eel trap, dip net, longline, set line or spear.

Close Times

• 37 (1) No person shall engage in recreational fishing for eels in the waters set out in column I of the table to this subsection by a method set out in column II during the close time set out in column III.

  Item	Column I	Column II	Column III	Column IV
  	Waters	Method	Close Time	Minimum Length
  	Nova Scotia
  1	Inland waters of Nova Scotia.	(1) Eel traps	(1) Nov. 1 to Aug. 14	20 cm
  		(2) Eel pots	(2) Dec. 30 to Dec. 31
  		(3) Spears	(3) Jan. 1 to Dec. 31
  2	Tidal waters of Nova Scotia.	(1) Eel traps	(1) Dec. 30 to Dec. 31	20 cm
  		(2) Eel pots	(2) Dec. 30 to Dec. 31
  		(3) Spears	(3) Dec. 30 to Dec. 31
  	New Brunswick
  3	Inland waters of New Brunswick.	(1) Eel traps	(1) Jan. 1 to Dec. 31	20 cm
  		(2) Eel pots	(2) Dec. 30 to Dec. 31
  		(3) Spears	(3) Jan. 1 to Dec. 31
  4	Tidal waters of the Tabusintac River.	(1) Eel traps	(1) Dec. 1 to July 31	20 cm
  		(2) Eel pots	(2) Dec. 1 to July 31
  		(3) Spears	(3) Sept. 1 to Nov. 15
  5	Tidal waters of New Brunswick not set out in item 4.	(1) Eel traps	(1) Dec. 30 to Dec. 31	20 cm
  		(2) Eel pots	(2) Dec. 30 to Dec. 31
  		(3) Spears	(3) Sept. 1 to Nov. 15
  	Prince Edward Island
  6	Inland waters of Prince Edward Island.	(1) Eel traps	(1) Jan. 1 to Dec. 31	46 cm
  		(2) Eel pots	(2) Dec. 1 to Aug. 15
  		(3) Spears	(3) Jan. 1 to Dec. 31
  7	Tidal waters of Prince Edward Island.	(1) Eel traps	(1) Dec. 1 to Aug. 15	46 cm
  		(2) Eel pots	(2) Dec. 30 to Dec. 31
  		(3) Spears	(3) From 17:00 h each day to 07:00 h on the following day from Sept. 1 to Dec. 31

• (1.1) No person shall engage in fishing for commercial purposes for eels in the waters set out in column I of the table to subsection (1) by a method set out in column II during the close time set out in column III.

• (2) Every person who fishes for eels with an eel trap in the inland waters of Nova Scotia shall, during the period beginning at sunrise and ending at sunset,

  • (a) in the case of an eel trap other than a fyke net, provide an opening at least 90 cm wide in the part of the trap that is situated in the deepest water to allow fish to escape; and

  • (b) in the case of a fyke net, render the net incapable of catching fish.

Quotas and Length Restrictions

38 No person engaged in recreational fishing for eels by any method in the waters set out in column I of the table to this section shall catch and retain, in any day, more eels than the fishing quota set out in column II.

• 38.1 (1) Subject to subsection (2), no person shall catch and retain any eel from the waters set out in column I of the table to subsection 37(1) the length of which is less than the minimum length set out in column IV.

• (2) Subsection (1) does not apply to a person who holds an eel fishing licence that specifically authorizes the taking of elvers.

PART VGaspereau

Interpretation

39 In this Part,

dip stand

dip stand means a location specified in a commercial fishing licence where the licence holder is permitted to take gaspereau with a dip net; (poste de pêche à l’épuisette)

square net fixture

square net fixture means a structure consisting of three walls that is placed in the water and into which a square net is lowered and raised to catch gaspereau. (installation de pêche au carrelet)

Gear Restrictions

40 No person shall fish for gaspereau except by angling or with a dip net, gill net, square net, trap net or weir.

Close Times

• 41 (1) No person shall engage in recreational fishing for gaspereau in the waters set out in column I of Schedule V

  • (a) by a method set out in column II during the yearly close time set out in column III; or

  • (b) by a method set out in column II during the weekly close time set out in column IV.

• (2) No person shall engage in fishing for commercial purposes for gaspereau in the waters set out in column I of Schedule V

  • (a) by a method set out in column II during the yearly close time set out in column III; or

  • (b) by a method set out in column II during the weekly close time set out in column IV.

Quotas

41.1 No person engaged in recreational fishing for gaspereau by any method in the waters set out in column I of the table to this section shall catch and retain, in any day, more gaspereau than the fishing quota set out in column II.

Mesh Sizes

• 42 (1) No person shall fish for gaspereau with a gill net that has a mesh size of more than 89 mm.

• (2) No person shall fish for gaspereau in the inland and tidal waters of New Brunswick with a gill net that has a mesh size of less than 38 mm.

Provisions Specific to Nova Scotia

• 43 (1) Subject to subsection (2), no person shall fish for gaspereau in the inland waters of Nova Scotia by any means other than angling during the period beginning at sunset and ending at sunrise.

• (2) Subsection (1) does not apply in the inland waters of Halifax and Yarmouth Counties to a person who holds a licence to fish for gaspereau with a dip net at a dip stand.

44 No person shall, in the inland waters of any river in Nova Scotia,

• (a) fish for gaspereau with a square net that is more than 3.65 m²; or

• (b) erect or use a square net fixture that extends more than one third of the way across the width of the river or that has an outside wall of more than 9 m in length.

45 Every holder of a licence to fish for gaspereau with a square net in the inland waters of a river in Nova Scotia shall

• (a) during the applicable weekly close time for gaspereau in those waters set out in column IV of Schedule V, remove the square net from the water; and

• (b) provide an opening that is at least 60 cm wide and 60 cm high in the wall of the square net fixture that extends across the river.

46 No person shall fish for gaspereau in the inland waters of Inverness County with a trap net that is more than 15 m in length, measured from the upstream end of the trap net to the downstream end and including any leader that is attached to it.

47 No person shall fish for gaspereau in the Gaspereau River, Kings County, Nova Scotia,

• (a) with a dip net the opening of which has a circumference of more than 190 cm;

• (b) upstream from the mouth of Deep Hollow Brook, except by angling or with a dip net or square net;

• (c) from the White Rock power house to a point 640 m downstream from that power house; or

• (d) from a point 183 m downstream from the Trunk 12 highway bridge upstream to the Lanes Mill fish ladder.

48 No person shall fish for gaspereau in the Tusket River, Nova Scotia, from the Route 423 highway bridge upstream to the power house.

PART VILandlocked Salmon

Application

49 This Part does not apply in respect of recreational fishing for landlocked salmon

• (a) by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31; or

• (b) in the waters set out in section 116.

Gear Restrictions

50 No person shall fish for landlocked salmon except by angling.

Close Times

51 No person shall fish for landlocked salmon in the waters set out in column I of an item of the table to this section during the close time set out in column II of that item.

Quotas and Length Restrictions

• 52 (1) Subject to subsection (2), no person shall catch and retain in any day from the waters set out in column I of an item of the table to this subsection

  • (a) more landlocked salmon than the fishing quota set out in column II of that item; or

  • (b) any landlocked salmon the length of which is

    • (i) less than the minimum length set out in column III of that item, or

    • (ii) more than the maximum length set out in column IV of that item.

  Item	Column I	Column II	Column III	Column IV
  	Waters	Fishing Quota	Minimum Length	Maximum Length
  1	Inland and tidal waters of Nova Scotia.	2	35 cm	63 cm
  2	Inland and tidal waters of New Brunswick.	2	35 cm	63 cm
  3	Inland and tidal waters of Prince Edward Island.	1	35 cm	63 cm

• (2) No person shall catch and retain in any day more than two landlocked salmon from any combination of waters set out in items 2 to 4 of the table to subsection (1).

Tagging

53 [Repealed, SOR/2022-196, s. 43]

PART VI.1Muskellunge

Application

53.1 This Part does not apply in respect of recreational fishing for muskellunge

• (a) by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31; or

• (b) in the waters set out in section 116.

Gear Restrictions

53.2 No person shall fish for muskellunge except by angling.

Close Times

53.3 No person shall fish for muskellunge in the waters set out in column I of the table to this section during the close time set out in column II.

Quotas and Length Restrictions

53.4 No person shall catch and retain in any day from the waters set out in column I of the table to section 53.3

• (a) more muskellunge than the fishing quota set out in column III; or

• (b) any muskellunge the length of which is less than the minimum length set out in column IV, or more than the maximum length set out in column V.

PART VIIMussels

Gear Restrictions

54 No person shall fish for mussels except by hand, with hand-held tools, with a drag rake, hydraulic device or mechanical device or by diving.

Close Times

• 55 (1) No person shall engage in recreational fishing for mussels in the waters set out in column I of the table to this section by a method set out in column II during the close time set out in column III.

• (2) No person shall engage in fishing for commercial purposes for mussels in the waters set out in column I of the table to this section by a method set out in column II during the close time set out in column III.

  Item	Column I	Column II	Column III
  	Waters	Method	Close Time
  	Nova Scotia
  1	Inland and tidal waters of Nova Scotia.	(1) Hand and hand-held tools, when not diving	(1) Dec. 30 to Dec. 31
  		(2) Hand and hand-held tools, when diving	(2) Dec. 30 to Dec. 31
  		(3) Drag rake	(3) Dec. 30 to Dec. 31
  		(4) Hydraulic device	(4) Dec. 30 to Dec. 31
  		(5) Mechanical device	(5) Dec. 30 to Dec. 31
  	New Brunswick
  2	Inland and tidal waters of New Brunswick.	(1) Hand and hand-held tools, when not diving	(1) Dec. 30 to Dec. 31
  		(2) Hand and hand-held tools, when diving	(2) Dec. 30 to Dec. 31
  		(3) Drag rake	(3) Dec. 30 to Dec. 31
  		(4) Hydraulic device	(4) Dec. 30 to Dec. 31
  		(5) Mechanical device	(5) Dec. 30 to Dec. 31
  	Prince Edward Island
  3	Inland and tidal waters of Prince Edward Island.	(1) Hand and hand-held tools, when not diving	(1) Dec. 30 to Dec. 31
  		(2) Hand and hand-held tools, when diving	(2) Dec. 30 to Dec. 31
  		(3) Drag rake	(3) Dec. 30 to Dec. 31
  		(4) Hydraulic device	(4) Dec. 30 to Dec. 31
  		(5) Mechanical device	(5) Dec. 30 to Dec. 31

Quotas

55.1 No person engaged in recreational fishing for mussels by any method in the waters set out in column I of the table to this section shall catch and retain, in any day, more mussels than the fishing quota set out in column II.

PART VIIIOysters

Gear Restrictions

56 No person shall fish for oysters

• (a) by diving in a leased oyster area in the inland or tidal waters of Prince Edward Island; or

• (b) in a public oyster-fishing area, except with tongs or rakes that are operated by hand without mechanical assistance.

Close Times

57 No person shall, unless authorized under a licence set out in item 7 of the table to section 5, fish for oysters in an area set out in column I of the table to this section

• (a) by a method set out in column II of that item during the yearly close time set out in column III of that item; or

• (b) during the weekly close time set out in column IV of that item.

Length Restriction

58 No person shall catch and retain or possess an oyster that is less than 76 mm in length.

PART IXSalmon

Interpretation

59 In this Part,

Salmon Fishing Area

Salmon Fishing Area means a Salmon Fishing Area illustrated and enumerated in Schedule VI and includes the waters of any province that flow into such an Area. (zone de pêche du saumon)

Gear Restrictions

60 No person shall fish for salmon except by angling with an artificial fly.

Close Times

61 Subject to subsection 66(1), no person shall fish for salmon in the waters set out in column I of an item of Schedule VII during the close time set out in column II of that item.

Quotas for Specific Waters

62 No person shall catch and retain from the waters set out in column I of an item of Schedule VII

• (a) more salmon in any day than the daily catch and retain quota set out in column III of that item; or

• (b) more salmon in any year than the yearly fishing quota set out in column V of that item.

Aggregate Quotas and Length Restrictions by Province

63 No person shall catch and retain from the waters set out in column I of an item of the table to this section

• (a) more salmon in any day than the daily catch and retain quota set out in column II of that item;

• (b) more salmon in any year than the yearly fishing quota set out in column IV of that item; or

• (c) any salmon the length of which is less than the minimum length set out in column V of that item.

Catch and Release Provisions for Specific Waters

• 64 (1) No person shall, during any day, continue to angle for salmon in the waters set out in column I of an item of Schedule VII after that person has

  • (a) caught and retained from those waters the daily catch and retain quota set out in column III of that item; or

  • (b) subject to subsection 66(2), caught and released in those waters the daily catch and release quota set out in column IV of that item.

• (2) No person shall, during any year, continue to angle for salmon in the waters set out in column I of an item of Schedule VII after that person has caught and retained from those waters the yearly fishing quota set out in column V of that item.

Catch and Release Provisions by Province

• 65 (1) No person shall, during any day, continue to angle for salmon in the waters set out in column I of an item of the table to section 63 after that person has

  • (a) caught and retained from those waters the daily catch and retain quota set out in column II of that item; or

  • (b) subject to subsection 66(2), caught and released in those waters the daily catch and release quota set out in column III of that item.

• (2) No person shall, during any year, continue to angle for salmon in the waters set out in column I of an item of the table to section 63 after that person has caught and retained from those waters the yearly fishing quota set out in column IV of that item.

• 66 (1) A person may, during the period beginning on April 15 and ending on May 15, fish for or catch and retain salmon from the inland and tidal waters of New Brunswick other than

  • (a) the waters of the Restigouche River upstream from the J.C. Van Horne Bridge in Campbellton; and

  • (b) the waters of the Nepisiguit River upstream from a straight line drawn from grid reference 01487695 to grid reference 01157740 as found on the map Bathurst 21 P/12.

• (2) Where a person who is fishing for salmon pursuant to subsection (1) has not caught and retained the applicable daily or yearly fishing quota for salmon, the person may catch and release any number of salmon in any day.

Tagging

• 67 (1) Every person who catches and retains a salmon in accordance with these Regulations shall forthwith securely lock or seal on the salmon a salmon tag, as specified in subsection (2), that has been issued to that person and shall do so in accordance with the design of the tag and so that it cannot be removed without tampering with the lock or seal, breaking or cutting the tag or cutting or tearing any part of the salmon.

• (2) A salmon tag that is affixed to a salmon shall be

  • (a) a blue tag, where the salmon was caught and retained by angling, and shall be a tag specific to a salmon 63 cm or more in length where the salmon is 63 cm or more in length; and

  • (b) a brown tag, where the salmon was caught and retained under a written permission referred to in section 4 of the Act or was taken from an aquaculture area or site or a privately owned fish pond.

  • (c) [Repealed, SOR/93-335, s. 6]

68 No person shall import a salmon into a province unless

• (a) an import tag issued with a licence to import salmon set out in item 9 of the table to section 5 is affixed to that salmon in the manner described in subsection 67(1) prior to its entry into the province or immediately upon its entry into the province; or

• (b) it bears a salmon tag.

69 No person shall have on board any vessel for which a registration card has been issued any salmon to which a blue salmon tag is affixed.

• 70 (1) Subject to subsection (2), no person shall possess a salmon unless a salmon tag is affixed thereto.

• (2) Subsection (1) does not apply to a person who is cooking or smoking a salmon if the tag that was removed from it at the time cooking or smoking commenced is readily available for inspection by a fishery officer or fishery guardian.

• 71 (1) Subject to subsection (2), where a salmon is caught by angling and retained, the person who hooked the salmon, whether or not that person landed the salmon, shall be regarded as having caught and retained it, and shall tag it in accordance with section 67.

• (2) Where a fishing guide who is authorized to provide guide services under an Act of the legislature of a province hooks a salmon on behalf of a person who has a licence to fish for salmon and who has paid the fishing guide for guide services, subsection (1) does not apply to the fishing guide and the person shall, for the purposes of that subsection, be considered to have hooked the salmon.

71.1 Sections 67, 70 and 71 do not apply in respect of salmon caught under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations.

PART XShad

Gear Restrictions

72 No person shall fish for shad except by angling or with a dip net, gill net, square net or trap net.

Close Times

• 73 (1) No person shall engage in recreational fishing for shad in the waters set out in column I of Schedule VIII

  • (a) by a method set out in column II during the yearly close time set out in column III; or

  • (b) by a method set out in column II during the weekly close time set out in column IV.

• (1.1) No person shall engage in fishing for commercial purposes for shad in the waters set out in column I of Schedule VIII

  • (a) by a method set out in column II during the yearly close time set out in column III; or

  • (b) by a method set out in column II during the weekly close time set out in column IV.

• (2) No person shall fish for shad in the inland waters of Nova Scotia by any means other than angling during the period beginning at sunset and ending at sunrise.

Quotas

73.1 No person engaged in recreational fishing for shad by any method in the waters set out in column I of the table to this section shall catch and retain, in any day, more shad than the fishing quota set out in column II.

Mesh Size

74 No person shall fish for shad with a gill net that has a mesh size of less than 127 mm.

PART XISilversides

Gear Restrictions

75 No person shall fish for silversides except by angling or with a dip net or trap net.

Close Times

76 No person shall fish for silversides in the waters set out in column I of an item of the table to this section by a method set out in column II of that item during the close time set out in column III of that item.

Mesh Size

77 No person shall fish for silversides with a trap net that has a mesh size of more than 65 mm.

PART XIISmallmouth Bass

Application

78 This Part does not apply in respect of recreational fishing for smallmouth bass

• (a) by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31; or

• (b) in the waters set out in section 116.

Gear Restrictions

79 No person shall fish for smallmouth bass except by angling.

Close Times

80 No person shall fish for smallmouth bass in the waters set out in column I of an item of the table to this section during the close time set out in column II of that item.

Quotas and Length Restrictions

81 No person shall catch and retain in any day from the waters set out in column I of an item of the table to section 80

• (a) more smallmouth bass than the fishing quota set out in column III of that item; or

• (b) any smallmouth bass the length of which is less than the minimum length set out in column IV, or more than the maximum length set out in column V.

PART XIIISmelt

Application

82 This Part does not apply in respect of recreational fishing for smelt

• (a) by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31; or

• (b) in the waters set out in section 116.

Gear Restrictions

83 No person shall fish for smelt except by angling or with a bag net, box net, dip net, gill net or spear.

84 No person shall fish for smelt with a bag net, box net or gill net that has a mesh size of less than 31 mm.

85 No person shall fish for smelt with a bag net or box net having a leader that is more than 31 m in length.

86 No person shall fish for smelt in the inland or tidal waters of Prince Edward Island with a bag net that has a leader.

Quotas

87 No person engaged in recreational fishing for smelt with a dip net, by angling, or with a spear shall catch and retain more than 60 smelt in any day.

Close Times

88 No person shall fish for smelt in the waters set out in column I of an item of the table to this section by a method set out in column II of that item during the close time set out in column III of that item.

PART XIVStriped Bass

Application

89 This Part does not apply in respect of recreational fishing for striped bass by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31.

Gear Restrictions

90 No person shall fish for striped bass except by angling or with a bow net.

Close Times

91 No person shall fish for striped bass in the waters set out in column I of an item of the table to this section

• (a) by a method set out in column II of that item during the yearly close time set out in column III of that item; or

• (b) with a bow net during the weekly close time set out in column IV of that item.

Mesh Size

92 No person shall fish for striped bass with a bow net that has a mesh size of less than 127 mm.

Quotas and Length Restrictions

93 No person shall catch and retain from the waters set out in column I of an item of the table to this section by a method set out in column II of that item

• (a) more striped bass in any day than the fishing quota set out in column III of that item; or

• (b) any striped bass the length of which is less than the minimum length set out in column IV, or more than the maximum length set out in column V.

PART XVSturgeon

Gear Restrictions

94 No person shall fish for sturgeon except by angling or with a gill net.

Close Times

95 No person shall fish for sturgeon in the waters set out in column I of an item of the table to this section by a method set out in column II of that item during the close time set out in column III of that item.

Mesh Size

96 No person shall fish for sturgeon with a gill net that has a mesh size of less than 330 mm.

Length Restriction

97 No person shall catch and retain or possess any sturgeon that is less than 120 cm in length.

PART XVITomcod

Application

98 This Part does not apply in respect of recreational fishing for tomcod by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31.

Gear Restrictions

99 No person shall fish for tomcod except by angling or with a bag net, box net, gill net or spear.

100 No person shall fish for tomcod with a bag net, box net or gill net that has a mesh size of less than 31 mm.

101 No person shall fish for tomcod with a bag net or box net having a leader that is more than 31 m in length.

102 No person shall fish for tomcod in the inland and tidal waters of Prince Edward Island with a bag net that has a leader.

Close Times

103 No person shall fish for tomcod in the waters set out in column I of an item of the table to this section by a method set out in column II of that item during the close time set out in column III of that item.

PART XVIITrout

Application

104 This Part does not apply in respect of recreational fishing for trout

• (a) by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31; or

• (b) in the waters set out in section 116.

Gear Restrictions

105 No person shall fish for trout except by angling.

Close Times

106 No person shall fish for trout in the waters set out in column I of an item of the table to this section during the close time set out in column II of that item.

Quotas and Length Restrictions

• 107 (1) No person shall catch and retain from the waters set out in column I of the table to this section

  • (a) in any day, more trout of a species than the fishing quota for that species set out in column II; or

  • (b) a trout of a species set out in column II the length of which is less than the minimum length for that species set out in column III or more than the maximum length for that species set out in column IV.

• (2) No person shall catch and retain in any day more than

  • (a) five trout in the aggregate from any combination of the waters set out in column 1 of items 1 and 2 of the table to this section; or

  • (b) 10 trout in the aggregate from the waters set out in column 1 of item 3 of the table to this section.

  Item	Column I	Column II	Column III	Column IV
  	Waters	Fishing Quota	Minimum Length	Maximum Length
  1	Inland and tidal waters of Nova Scotia.	(1) 5 Arctic char	(1) 10 cm	(1) 100 cm
  		(2) 5 brook trout	(2) 10 cm	(2) 100 cm
  		(3) 5 brown trout	(3) 10 cm	(3) 100 cm
  		(4) 5 lake trout	(4) 10 cm	(4) 100 cm
  		(5) 5 rainbow trout	(5) 10 cm	(5) 100 cm
  2	Inland and tidal waters of New Brunswick.	(1) 5 Arctic char	(1) 10 cm	(1) 100 cm
  		(2) 5 brook trout	(2) 10 cm	(2) 100 cm
  		(3) 5 brown trout	(3) 35 cm	(3) 63 cm
  		(4) 2 lake trout	(4) 45 cm	(4) 150 cm
  		(5) 5 rainbow trout	(5) 10 cm	(5) 100 cm
  		(6) 1 splake	(6) 35 cm	(6) 100 cm
  3	Inland and tidal waters of Prince Edward Island.	(1) 10 Arctic char	(1) 10 cm	(1) 100 cm
  		(2) 10 brook trout	(2) 10 cm	(2) 100 cm
  		(3) 10 brown trout	(3) 35 cm	(3) 63 cm
  		(4) 5 rainbow trout	(4) 10 cm	(4) 100 cm

PART XVII.1Whitefish

Application

107.1 This Part does not apply in respect of recreational fishing for whitefish

• (a) by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31; or

• (b) in the waters set out in section 116.

Gear Restrictions

107.11 No person shall fish for whitefish except by angling.

Close Times

107.12 No person shall fish for whitefish in the waters set out in column I of the table to this section during the close time set out in column II.

Quotas and Length Restrictions

107.13 No person shall catch and retain in any day from the waters set out in column I of the table to section 107.12

• (a) more whitefish than the fishing quota set out in column III; or

• (b) any whitefish the length of which is less than the minimum length set out in column IV, or more than the maximum length set out in column V.

PART XVII.2White Perch

Application

107.2 This Part does not apply in respect of recreational fishing for white perch

• (a) by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31; or

• (b) in the waters set out in section 116.

Gear Restrictions

107.21 No person shall fish for white perch except by angling.

Close Times

107.22 No person shall fish for white perch in the waters set out in column I of the table to this section during the close time set out in column II.

Quotas and Length Restrictions

107.23 No person shall catch and retain in any day from the waters set out in column I of the table to section 107.22

• (a) more white perch than the fishing quota set out in column III; or

• (b) any white perch the length of which is less than the minimum length set out in column IV, or more than the maximum length set out in column V.

PART XVII.3Yellow Perch

Application

107.3 This Part does not apply in respect of recreational fishing for yellow perch

• (a) by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31; or

• (b) in the waters set out in section 116.

Gear Restrictions

107.31 No person shall fish for yellow perch except by angling.

Close Times

107.32 No person shall fish for yellow perch in the waters set out in column I of the table to this section during the close time set out in column II.

Quotas and Length Restrictions

107.33 No person shall catch and retain in any day from the waters set out in column I of the table to section 107.32

• (a) more yellow perch than the fishing quota set out in column III; or

• (b) any yellow perch the length of which is less than the minimum length set out in column IV, or more than the maximum length set out in column V.

PART XVIIIWinter Fishing in New Brunswick

Application

108 This Part applies in respect of recreational fishing by angling and with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31.

Gear Restrictions

109 No person shall fish except

• (a) through a man-made hole in the ice; or

• (b) from shore through a natural opening in the ice.

• 110 (1) No person shall fish with more than five set lines.

• (2) Every person who fishes with set lines shall attend those lines and maintain an unobstructed view of those lines.

Close Times

111 No person shall fish during the period beginning on March 30 and ending on March 31.

112 No person shall fish in Lac Baker, Madawaska County, during the period beginning on Monday and ending on Friday in any week.

113 No person shall, except in the waters set out in items 4, 7, 13, 14, 16, 20, 21, 28 and 60 of Schedule IX, fish during the period beginning one-half hour after sunset and ending one-half hour before sunrise.

Quotas and Length Restrictions

• 114 (1) No person shall catch and retain

  • (a) in any day more fish of a species set out in column I of an item of the table to this subsection than the fishing quota set out in column II of that item; or

  • (b) any fish of a species set out in column I of an item of the table to this subsection the length of which is less than the minimum length set out in column III of that item.

    Item	Column I	Column II	Column III
    	Species	Fishing Quota	Minimum Length
    1	Arctic char	The lesser of 5 fish and 3.5 kg plus 1 fish	15 cm
    2	Brook trout	The lesser of 5 fish and 3.5 kg plus 1 fish	15 cm
    3	Brown trout	The lesser of 5 fish and 3.5 kg plus 1 fish	15 cm
    4	Lake trout	The lesser of 5 fish and 3.5 kg plus 1 fish	45 cm
    5	Rainbow trout	The lesser of 5 fish and 3.5 kg plus 1 fish	15 cm
    6	Landlocked salmon	The lesser of 5 fish and 3.5 kg plus 1 fish	35 cm
    7	Smallmouth bass	The lesser of 5 fish and 3.5 kg plus 1 fish	30 cm
    8	Striped bass	The lesser of 5 fish and 3.5 kg plus 1 fish	n/a
    9	Smelt	60, except from the waters set out in items 4, 7, 13, 14, 16, 20, 21, 28 and 60 of Schedule IX	n/a
    10	Whitefish	The lesser of 5 fish and 3.5 kg plus 1 fish	n/a

• (2) No person shall catch and retain in any day more sport fish and striped bass in the aggregate than the lesser of five fish and 3.5 kg plus one fish.

Provisions Specific to Nictau Lake

115 No person who fishes in Nictau Lake, Restigouche County, shall

• (a) fish with more than one set line;

• (b) use any fish as bait;

• (c) catch and retain any landlocked salmon that is less than 50 cm in length or more than 63 cm in length;

• (d) catch and retain any brook trout that is less than 25 cm in length;

• (e) in any day, catch and retain more than one landlocked salmon; or

• (f) continue to fish in that lake on any day after catching and retaining two sport fish in that day.

PART XIXBoundary Waters Between New Brunswick and the State of Maine

Application

116 This Part applies in respect of recreational fishing for smelt, whitefish and sport fish, other than salmon, in the following inland waters of New Brunswick that border on waters in the State of Maine:

• (a) the St. Francis River and Glasier Lake in Madawaska County and that portion of the Saint John River in Madawaska County;

• (b) Monument Brook, North Lake, the Thoroughfare between North Lake and (East) Grand Lake, (East) Grand Lake, Mud Lake, the St. Croix River, Spednic Lake and Palfrey Lake in York County; and

• (c) the St. Croix River, Grand Falls Flowage and Woodland Flowage in Charlotte County.

Gear Restrictions

• 117 (1) Subject to subsection (2), no person shall

  • (a) fish for sport fish or whitefish except by angling; or

  • (b) fish for smelt except by angling or with a dip net.

• (2) A person who fishes in accordance with subsection 119(2) may fish with set lines.

• 118 (1) No person shall fish with more than five set lines.

• (2) Every person who fishes with set lines shall attend those lines and maintain an unobstructed view of those lines.

Close Times

• 119 (1) Subject to subsection (2), no person shall fish during the period beginning on October 1 and ending on April 14.

• (2) A person may, during the period beginning on January 1 and ending on March 31, fish through a man-made hole in the ice in Glasier Lake, North Lake, the Thoroughfare between North Lake and (East) Grand Lake, (East) Grand Lake, Mud Lake, Spednic Lake, Palfrey Lake, Grand Falls Flowage or Woodland Flowage.

• (3) No person shall, during the period beginning on January 1 and ending on March 31, fish during the period beginning one-half hour after sunset and ending one-half hour before sunrise.

Daily Quotas

• 120 (1) No person shall, during the period beginning on April 1 and ending on December 31, catch and retain in any day more fish of a species set out in column I of an item of the table to this section than the daily fishing quota set out in column II of that item.

• (2) No person shall, during the period beginning on April 1 and ending on December 31, catch and retain in any day more sport fish in the aggregate than the lesser of five fish and 3.5 kg plus one fish.

• (3) No person shall, during the period beginning on January 1 and ending on March 31, catch and retain in any day more fish of a species set out in column I of an item of the table to this section than the daily fishing quota set out in column III of that item.

• (4) No person shall, during the period beginning on January 1 and ending on March 31, catch and retain in any day more sport fish in the aggregate than the lesser of three fish and 3.5 kg plus one fish.

  Item	Column I	Column II	Column III	Column IV
  	Species	Daily Fishing Quota April 1 to December 31	Daily Fishing Quota January 1 to March 31	Minimum Length
  1	Arctic char	The lesser of 5 fish and 3.5 kg plus 1 fish	The lesser of 3 fish and 3.5 kg plus 1 fish	15 cm
  2	Brook trout	The lesser of 5 fish and 3.5 kg plus 1 fish	The lesser of 3 fish and 3.5 kg plus 1 fish	15 cm
  3	Brown trout	The lesser of 5 fish and 3.5 kg plus 1 fish	The lesser of 3 fish and 3.5 kg plus 1 fish	15 cm
  4	Lake trout	The lesser of 2 fish and 3.5 kg plus 1 fish	The lesser of 2 fish and 3.5 kg plus 1 fish	45 cm
  5	Rainbow trout	The lesser of 5 fish and 3.5 kg plus 1 fish	The lesser of 3 fish and 3.5 kg plus 1 fish	15 cm
  6	Landlocked salmon	The lesser of 2 fish and 3.5 kg plus 1 fish	The lesser of 2 fish and 3.5 kg plus 1 fish	35 cm
  7	Smallmouth bass	(1) 1 from April 1 to June 30	The lesser of 3 fish and 3.5 kg plus 1 fish	25 cm
  		(2) 3 from July 1 to December 31
  8	Whitefish	8	8	n/a
  9	Smelt	200	200	n/a
  10	White perch	25	25	10 cm

Length Restrictions

121 No person shall catch and retain a fish of a species set out in column I of an item of the table to section 120 the length of which is less than the minimum length set out in column IV of that item.