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

Regulations are current to 2017-11-20 and last amended on 2017-04-13. Previous Versions

 [Repealed, SOR/86-23, s. 6]

 [Repealed, SOR/81-731, s. 3]

 [Repealed, SOR/86-23, s. 7]

Cod and Salmon Berth Licensing

  •  (1) For the purposes of this section and sections 55.1 to 63.2, the areas set out in Schedules IX and X are hereby established as Salmon Fishery Areas and Cod Fishery Areas.

  • (2) Any Salmon Fishery Area or Cod Fishery Area may contain one or more berths.

  • SOR/81-731, s. 6;
  • SOR/82-177, s. 1.

 Berth licences may be issued by a Regional Director-General or a fishery officer in the form set out in Schedule VI.

  • SOR/82-177, s. 1;
  • SOR/93-63, s. 10(F).
  •  (1) No person shall be issued a berth licence unless that person

    • (a) is the holder of a licence issued pursuant to the Atlantic Fishery Regulations, 1985 authorizing that person to fish

      • (i) for cod by means of a cod trap, or

      • (ii) for salmon by means of a salmon trap or salmon net;

    • (b) was the holder of a berth licence in the preceding licence year; and

    • (c) applies therefor to a Regional Director-General or a fishery officer in respect of a berth located in the same Salmon Fishery Area or Cod Fishery Area, as the case may be, in respect of which he was issued a berth licence in the year immediately preceding the year for which the licence is being sought.

  • (1.1) and (1.2) [Repealed, SOR/85-748, s. 1]

  • (2) Paragraphs (1)(b) and (c) do not apply to a person applying for a berth licence in the second licence year following the cancellation referred to in subsection 57(3).

  • (3) Notwithstanding paragraphs (1)(b) and (c), a berth licence may be issued to a resident of a coastal community immediately adjacent to a Salmon Fishery Area or a Cod Fishery Area if

    • (a) the number of berths in that Salmon Fishery Area or Cod Fishery Area is greater than the number of berth licences customarily issued for that Area; or

    • (b) a berth becomes available in that Salmon Fishery Area or Cod Fishery Area owing to a reduction in the number of fishermen eligible for berth licences in that Area.

  • (4) Notwithstanding subsections (1) and (3), a berth licence shall not be issued to a person whose licence was cancelled pursuant to subsection 57(3) in the preceding calendar year.

  • SOR/81-731, s. 6;
  • SOR/82-177, s. 1;
  • SOR/84-323, s. 15;
  • SOR/85-748, s. 1;
  • SOR/86-23, s. 8;
  • SOR/93-63, s. 10(F).
  •  (1) Where a person holds a berth licence and subsequently decides not to fish in that berth, he shall forthwith surrender that berth licence to a fishery officer.

  • (2) A fishery officer to whom a berth licence is surrendered pursuant to subsection (1) shall cancel the licence and a new licence for the berth may be issued to another person who is eligible therefor under section 56.

  • SOR/84-323, s. 16;
  • SOR/93-63, s. 10(F).
  •  (1) and (2) [Repealed, SOR/93-63, s. 5]

  • (3) Subject to subsection (4), where the holder of a berth licence fails to comply with the condition set out in his licence respecting the date by which fishing gear is to be set, the berth licence shall be cancelled and a licence for the berth may be issued to another person who is eligible therefor under section 56.

  • (4) Where the holder of a berth licence establishes that he failed to comply with the condition referred to in subsection (3) because he was prevented from setting his fishing gear by the required date due to weather, ice or other conditions beyond his control, the licence shall not be cancelled but shall be endorsed by a fishery officer with a new date by which fishing gear is to be set.

  • (5) Where, pursuant to subsection (3), a berth licence is cancelled, the holder of the berth licence shall, on the request of a fishery officer or fishery guardian, forthwith give the licence to that fishery officer or fishery guardian.

  • SOR/81-731, s. 6;
  • SOR/82-177, s. 1;
  • SOR/84-323, s. 17;
  • SOR/85-748, s. 2;
  • SOR/93-63, ss. 5 and 10(F).

 [Repealed, SOR/93-63, s. 6]

  •  (1) Subject to subsection (2),

    • (a) the holder of a berth licence shall not permit any person to set or tend any fishing gear for him in the berth for which that licence has been issued unless the holder of the licence is present; and

    • (b) no person shall set or tend any fishing gear for the holder of a berth licence in the berth for which the licence has been issued unless the holder of that licence is present.

  • (2) Where the holder of a berth licence is unable to be present when setting or tending fishing gear in a berth by reason of

    • (a) sickness or injury to himself or a member of his family, or

    • (b) being licensed to fish in more than one berth,

    a crew member of that licence holder may set and tend fishing gear in that berth if the berth licence is endorsed with the name of that crew member and initialled by a fishery officer.

  • SOR/81-731, s. 6;
  • SOR/82-177, s. 2;
  • SOR/84-323, s. 18;
  • SOR/93-63, s. 7(F).

Cod and Salmon Fishing Berths

  •  (1) A person may set any fishing gear in a berth for which no licence has been issued and that is customarily used to fish for cod by means of a cod trap or for salmon by means of a salmon trap or salmon net.

  • (2) Notwithstanding subsection (1), a fishery officer may direct that any fishing gear that is not a cod trap, salmon trap or salmon net be removed from a berth referred to in that subsection.

  • SOR/81-731, s. 6;
  • SOR/93-63, s. 10(F).

 A fishery officer may direct that any fishing gear set in a berth be removed from that berth upon the issue of a berth licence therefor, to permit the holder of that berth licence to set a cod trap, salmon trap or salmon net in that berth.

  • SOR/81-731, s. 6;
  • SOR/82-177, s. 3;
  • SOR/93-63, s. 10(F).
  •  (1) Where the holder of a berth licence who has set a cod trap, salmon trap or salmon net in the berth for which the licence has been issued removes that trap or net from that berth and fails to reset that trap or net within four consecutive days, unless prevented by conditions beyond his control, the berth licence shall be cancelled.

  • (2) Where a berth licence is cancelled under subsection (1), the holder of the licence shall at the request of a fishery officer forthwith surrender the licence.

  • SOR/81-731, s. 6;
  • SOR/82-177, s. 4;
  • SOR/84-323, s. 19;
  • SOR/93-63, s. 10(F).

 No person shall reserve for future use for himself or for any other person an unlicensed berth that is customarily used to fish for cod by means of a cod trap, other than by setting a cod trap in that berth.

  • SOR/81-731, s. 6;
  • SOR/82-177, s. 4.

 A fishery officer may direct that any fishing gear set in a berth contrary to these Regulations be removed forthwith.

  • SOR/81-731, s. 6;
  • SOR/93-63, s. 10(F).

 No person shall fail to remove forthwith any fishing gear from a berth when directed to do so by a fishery officer.

  • SOR/81-731, s. 6;
  • SOR/93-63, s. 10(F).

PART IISalmon, Char and Trout Fishing (Coastal Waters of Labrador)

 In this Part,

food fishing

food fishing means catching fish for personal consumption but not for sale or barter; (pêche de consommation)

native

native means any Inuit or Indian; (autochtone)

Northern Labrador

Northern Labrador means that portion of the Labrador coast north of Cape Rouge in Byron Bay; (nord du Labrador)

Southern Labrador

Southern Labrador means that portion of the Labrador coast south of Cape Rouge in Byron Bay. (sud du Labrador)

Salmon, Char and Trout Fishing (Northern Labrador)

 [Repealed, SOR/86-23, s. 9]

 No person shall fish for char or trout in the coastal waters of Northern Labrador by any means other than a gill net or by angling.

  • SOR/86-23, s. 9.
 
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