Newfoundland and Labrador Fishery Regulations (SOR/78-443)

Regulations are current to 2017-10-13 and last amended on 2017-04-13. Previous Versions

Newfoundland and Labrador Fishery Regulations

SOR/78-443

FISHERIES ACT

Registration 1978-05-12

Newfoundland and Labrador Fishery Regulations

P.C. 1978-1557 1978-05-11

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and the Environment, pursuant to section 34 of the Fisheries Act, is pleased hereby to revoke the Newfoundland Fishery Regulations made by Order in Council P.C. 1960-713 of 26th May, 1960Footnote 1, as amendedFootnote 2, and to make the annexed Regulations respecting fishing in the Island and Coastal Waters of the Province of Newfoundland, in substitution therefore.

 [Repealed, SOR/2003-338, s. 2]

Interpretation

  •  (1) In these Regulations,

    Act

    Act means the Fisheries Act; (Loi)

    angling

    angling means fishing or attempting to fish with a hook and line with the line held in the hand or with a hook, line and rod with the rod held in the hand and includes casting and trolling; (pêche à la ligne)

    artificial fly

    artificial fly means

    • (a) in the rivers set out in Schedule I, a single barbless hook, or a single hook whose barbs have been compressed so as to be in complete contact with the shaft of the hook, that is dressed with materials likely to attract fish and does not have a weight that causes the fly to sink, a baited hook, or a spinning or undulating device;

    • (b) in any other waters, a barbed or barbless hook, or a single hook whose barbs have been compressed so as to be in complete contact with the shaft of the hook, that is dressed with materials likely to attract fish and does not have a weight that causes the fly to sink, a baited hook, or a spinning or undulating device; (mouche artificielle)

    berth

    berth means a specific place in the water for fishing for cod by means of a cod trap or for salmon by means of a salmon trap or salmon net; (emplacement)

    brook trout

    brook trout or speckled trout means fish of the species Salvelinus fontinalis; (truite mouchetée)

    brown trout

    brown trout means fish of the species Salmo trutta; (truite brune)

    capelin

    capelin[Repealed, SOR/86-23, s. 1]

    caution notice

    caution notice means a caution notice placed by a fishery officer or a fishery guardian; (écriteau)

    char

    char or Arctic char means fish of the species Salvelinus alpinus; (ombleouomble de l’Arctique )

    cod net

    cod net[Repealed, SOR/86-23, s. 1]

    cod trap

    cod trap means a trap net not less than 55 m in circumference or less than 10 m deep that is used to fish for or take cod and includes the leader thereof; (trappe à morue)

    cod trap operator

    cod trap operator[Repealed, SOR/81-731, s. 1]

    controlled berth

    controlled berth[Repealed, SOR/81-731, s. 1]

    Department

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

    drag seine

    drag seine, beach seine or bar seine means a net that is floated at the top and weighted at the bottom and that is used to impound fish on and along the seashore; (seine, seine de plageouseine-barrage )

    extension measure

    extension measure means the distance between the extreme angles of a single mesh measured inside and between the knots after the twine has been saturated in water and extended until taut but without straining or breaking the twine or slipping a knot; (extension complète)

    family inland fishery licence

    family inland fishery licence[Repealed, SOR/2003-338, s. 3]

    fishery guardian

    fishery guardian[Repealed, SOR/81-731, s. 1]

    fishery officer

    fishery officer[Repealed, SOR/81-731, s. 1]

    fixed gear

    fixed gear[Repealed, SOR/86-23, s. 1]

    foul hooking

    foul hooking or jigging means fishing with a hook or hooks manipulated in such a manner as to pierce and hook a fish in any part of its body other than the mouth; (accrochageoupêche à la turlutte)

    gill net

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

    groundfish net

    groundfish net[Repealed, SOR/86-23, s. 1]

    ice fishing

    ice fishing means fishing or attempting to fish through the ice in inland waters; (pêche sous la glace)

    immature

    immature means,

    • (a) in relation to anadromous char and salmon, anadromous char and salmon of less than 30 cm in length measured from the tip of the nose to the fork or cleft in the tail, and

    • (b) in relation to ouananiche and rainbow trout, ouananiche and rainbow trout of less than 20 cm in length measured from the tip of the nose to the fork or cleft in the tail; (immature)

    inland fishery licence

    inland fishery licence[Repealed, SOR/2003-338, s. 3]

    inland waters

    inland waters means any of the waters within the Province that are above low water spring tide or that are inland of a line between points marked by caution notices posted under authority of the Regional Director General at or in the vicinity of the mouth of a river or stream flowing into the sea; (eaux intérieures)

    Insular Newfoundland

    Insular Newfoundland means that portion of the Province known as the Island of Newfoundland and includes the islands adjacent thereto; (île de Terre-Neuve)

    Labrador

    Labrador means that portion of the Province known as Labrador and includes the islands adjacent thereto; (Labrador)

    lake trout

    lake trout means fish of the species Salvelinus namaycush; (touladi)

    length

    length means, in respect of a fish, the distance measured in a straight line from the tip of its nose to the centre of the fork of its tail or, where there is no fork, to the tip of its tail; (longueur)

    licence

    licence[Repealed, SOR/84-323, s. 1]

    Local Cod Fishing Committee

    Local Cod Fishing Committee[Repealed, SOR/81-731, s. 1]

    Local Salmon Fishing Committee

    Local Salmon Fishing Committee[Repealed, SOR/81-731, s. 1]

    Minister

    Minister[Repealed, SOR/81-731, s. 1]

    monofilament

    monofilament means a single continuous filament or yarn made from polyethylene, polyvinylidene chloride or any similar type of synthetic material; (monofilament)

    Newfoundland and Labrador Region

    Newfoundland and Labrador Region means the Province and waters adjacent thereto; (région de Terre-Neuve-et-Labrador)

    non-resident

    non-resident[Repealed, SOR/84-323, s. 1]

    northern pike

    northern pike means fish of the species Esox lucius; (grand brochet)

    observer

    observer means a person who is designated as such by the Regional Director General of the Newfoundland and Labrador Region and who is in possession of an identification card signed by or on behalf of the Regional Director General; (observateur)

    otter trawl

    otter trawl[Repealed, SOR/86-23, s. 1]

    ouananiche

    ouananiche means indigenous or non-migratory fish of the species Salmo salar; (ouananiche)

    Province

    Province means the Province of Newfoundland and Labrador; (province)

    purse seine

    purse seine[Repealed, SOR/86-23, s. 1]

    rainbow trout

    rainbow trout means fish of the species Salmo gairdneri; (truite arc-en-ciel)

    resident

    resident[Repealed, SOR/84-323, s. 1]

    Regional Director General

    Regional Director General means the Director-General of Fisheries and Oceans for the Gulf Region, the Scotia Fundy Region or the Newfoundland and Labrador Region as the case may be; (directeur général régional)

    salmon

    salmon means anadromous or migratory fish of the species Salmo salar; (saumon)

    salmon net

    salmon net means a gill net that is used for taking salmon and includes the hawk, hook, pound or turnback thereof; (filet à saumon)

    salmon trap

    salmon trap means a trap net that is used for taking salmon and includes the leader thereof; (trappe à saumon)

    set

    set in respect of fishing gear, means that the fishing gear has been placed in the sea in such a manner that

    • (a) each end of the fishing gear is anchored to the bottom of the water,

    • (b) one end of the fishing gear is anchored to the bottom of the water and the other end of the fishing gear is attached to the shore or a vessel or a buoy at the surface,

    • (c) one end of the fishing gear is drifting in the sea and the other end of the fishing gear is attached to a vessel, or

    • (d) the fishing gear is drifting in the sea; (mouillé)

    spent fish

    spent fish means a fish that has not recovered from spawning; (poisson vide)

    trap net

    trap net means an apparatus that is so set as to enclose an area of water into which fish are guided by a leader through an opening or openings in the net; (trappe en filet)

    trolling

    trolling means fishing by means of a lure or baited hook drawn from a boat or other floating equipment; (pêche à la cuiller)

    trout

    trout includes speckled or brook trout, brown trout, rainbow trout and ouananiche. (truite)

  • (2) [Repealed, SOR/93-63, s. 1]

  • (3) For the purpose of these Regulations, a salmon river set out in Schedule I includes

    • (a) that portion of the tidal waters of the river that is designated by the posting of signs under the authority of the Regional Director General; and

    • (b) that portion of each lake connected to the river that is

      • (i) within 90 m of the river’s entrance and outlet, or

      • (ii) designated by the posting of signs under the authority of the Regional Director General.

  • SOR/79-281, s. 1;
  • SOR/80-398, s. 1;
  • SOR/80-435, s. 1;
  • SOR/81-731, s. 1;
  • SOR/84-323, s. 1;
  • SOR/86-23, s. 1;
  • SOR/89-565, s. 1(F);
  • SOR/93-63, s. 1;
  • SOR/98-344, s. 1;
  • SOR/2003-338, ss. 3, 9;
  • SOR/2010-173, s. 1;
  • SOR/2017-58, s. 5.
 
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