Atlantic Fishery Regulations, 1985 (SOR/86-21)
Full Document:
Regulations are current to 2013-04-29 and last amended on 2013-03-08. Previous Versions
Atlantic Fishery Regulations, 1985
SOR/86-21
Registration 1985-12-19
Regulations Respecting the Management and Allocation of Fishery Resources on the Atlantic Coast of Canada
P.C. 1985-3662 1985-12-19
Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to sections 8, 34Footnote *, 34.3Footnote **, 51Footnote *** and 69Footnote **** of the Fisheries Act, is pleased hereby to revoke the Atlantic Coast Marine Plant Regulations, C.R.C., c. 805; the Atlantic Crab Fishery Regulations, C.R.C., c. 806; the Atlantic Fishery Regulations, C.R.C., c. 807; the Atlantic Fishing Registration and Licensing Regulations, C.R.C., c. 808; the Atlantic Herring Fishery Regulations made by P.C. 1983-23 of 13 January, 1983Footnote *****; the Fishing Gear Marking Regulations, C.R.C., c. 813; and the Lobster Fishery Regulations, C.R.C., c. 817, and to make the annexed Regulations respecting the management and allocation of fishery resources on the Atlantic coast of Canada, in substitution therefor, effective January 8, 1986.
Return to footnote *R.S.C. 1970, c. 17 (1st supp.), s. 4
Return to footnote **S.C. 1976-77, c. 35, s. 11
Return to footnote ***S.C. 1976-77, c. 35, s. 14
Return to footnote ****S.C. 1976-77, c. 35, s. 19
Return to footnote *****SOR/83-82, 1983 Canada Gazette Part II, p. 437
SHORT TITLE
1. These Regulations may be cited as the Atlantic Fishery Regulations, 1985.
INTERPRETATION
2. (1) In these Regulations,
- “Act”
“Act” means the Fisheries Act; (Loi)
- “Capelin Fishing Area”
“Capelin Fishing Area” means a Capelin Fishing Area illustrated and enumerated in Schedule IV; (zone de pêche du capelan)
- “Class A vessel”
“Class A vessel”[Repealed, SOR/88-141, s. 1]
- “Class A-1 vessel”
“Class A-1 vessel”[Repealed, SOR/89-584, s. 1]
- “Class A-2 vessel”
“Class A-2 vessel”[Repealed, SOR/89-584, s. 1]
- “Class B vessel”
“Class B vessel”[Repealed, SOR/89-584, s. 1]
- “Class C vessel”
“Class C vessel”[Repealed, SOR/88-141, s. 1]
- “Class C-1 vessel”
“Class C-1 vessel”[Repealed, SOR/89-584, s. 1]
- “Class C-2 vessel”
“Class C-2 vessel”[Repealed, SOR/89-584, s. 1]
- “Class D vessel”
“Class D vessel”[Repealed, SOR/89-584, s. 1]
- “Class E vessel”
“Class E vessel”[Repealed, SOR/89-584, s. 1]
- “Class F vessel”
“Class F vessel”[Repealed, SOR/89-584, s. 1]
- “Class G vessel”
“Class G vessel”[Repealed, SOR/89-584, s. 1]
- “Class H vessel”
“Class H vessel”[Repealed, SOR/89-584, s. 1]
- “Class I vessel”
“Class I vessel”[Repealed, SOR/89-584, s. 1]
- “Class J vessel”
“Class J vessel”[Repealed, SOR/89-584, s. 1]
- “Class K vessel”
“Class K vessel”[Repealed, SOR/89-584, s. 1]
- “Class L vessel”
“Class L vessel”[Repealed, SOR/89-584, s. 1]
- “Class M vessel”
“Class M vessel”[Repealed, SOR/89-584, s. 1]
- “Class N vessel”
“Class N vessel”[Repealed, SOR/89-584, s. 1]
- “Class O vessel”
“Class O vessel”[Repealed, SOR/89-584, s. 1]
- “Class P vessel”
“Class P vessel”[Repealed, SOR/89-584, s. 1]
- “Class Q vessel”
“Class Q vessel”[Repealed, SOR/89-584, s. 1]
- “Class R vessel”
“Class R vessel”[Repealed, SOR/89-584, s. 1]
- “Class S vessel”
“Class S vessel”[Repealed, SOR/89-584, s. 1]
- “Class Sc-1 vessel”
“Class Sc-1 vessel”[Repealed, SOR/89-584, s. 1]
- “Class Sc-2 vessel”
“Class Sc-2 vessel”[Repealed, SOR/89-584, s. 1]
- “Class Sc-3 vessel”
“Class Sc-3 vessel”[Repealed, SOR/89-584, s. 1]
- “Class Sc-4 vessel”
“Class Sc-4 vessel”[Repealed, SOR/89-584, s. 1]
- “Class Sc-5 vessel”
“Class Sc-5 vessel”[Repealed, SOR/89-584, s. 1]
- “Class Sc-6 vessel”
“Class Sc-6 vessel”[Repealed, SOR/89-584, s. 1]
- “Class Sc-7 vessel”
“Class Sc-7 vessel”[Repealed, SOR/89-584, s. 1]
- “Class Sc-8 vessel”
“Class Sc-8 vessel”[Repealed, SOR/89-584, s. 1]
- “Class Sc-9 vessel”
“Class Sc-9 vessel”[Repealed, SOR/89-584, s. 1]
- “Class T vessel”
“Class T vessel”[Repealed, SOR/89-584, s. 1]
- “Class U vessel”
“Class U vessel”[Repealed, SOR/89-584, s. 1]
- “Class V vessel”
“Class V vessel”[Repealed, SOR/89-584, s. 1]
- “cod-end”
“cod-end” means a bag-like extension that is attached to the after end of the belly of an otter trawl and is used to retain the catch; (cul de chalut)
- “Convention”
“Convention” means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries that was ratified by Canada on November 30, 1978 and came into force on January 1, 1979; (Convention)
- “Convention Area”
“Convention Area” means the waters of the Northwest Atlantic Ocean north of 35°00′ north latitude and west of a line extending due north from 35°00′ north latitude and 42°00′ west longitude to 59°00′ north latitude, thence due west to 44°00′ west longitude, and thence due north to the coast of Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ north latitude; (zone de la Convention)
- “Crab Fishing Area”
“Crab Fishing Area” means a Crab Fishing Area illustrated and enumerated in Schedule XI; (zone de pêche du crabe)
- “day”
“day” means a calendar day; (jour)
- “Department”
“Department” means the Department of Fisheries and Oceans; (ministère)
- “dip net”
“dip net” means a bag-like net that is fixed to a frame to which a handle is attached and is used to catch fish without enmeshing them; (épuisette)
- “Division”
“Division” means a division described in Schedule III; (division)
- “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)
- “fishing trip”
“fishing trip” means a voyage that commences at the time a fishing vessel leaves a port to engage in fishing and terminates at the time fish caught during that period are offloaded; (expédition de pêche)
- “fixed gear”
“fixed gear” means fishing gear other than mobile gear, angling gear, a drift net, a crab trap, a lobster trap or a dip net; (engin fixe)
- “foreign fishing vessel”
“foreign fishing vessel”[Repealed, SOR/93-61, s. 1]
- “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”
“groundfish” means any species of fish set out in Part II of Schedule I; (poisson de fond)
- “Herring Fishing Area”
“Herring Fishing Area” means a Herring Fishing Area illustrated and enumerated in Schedule VI; (zone de pêche du hareng)
- “hoop net”
“hoop net” means a box-shaped or funnel-shaped apparatus that is constructed of netting or wire mesh fastened to a hoop or frame and that is used to catch fish without enmeshing them, and includes any fishing gear commonly referred to as a hand bow, hand trap or hand pot; (verveux)
- “incidental catch”
“incidental catch”[Repealed, SOR/94-292, s. 1]
- “licence”
“licence” means a licence authorizing a person to fish for the species of fish specified in the licence, to harvest the species of marine plants specified in the licence or to transport fish as specified in the licence; (permis)
- “Lobster Fishing Area”
“Lobster Fishing Area” means a Lobster Fishing Area illustrated and enumerated in Schedule XIII; (zone de pêche du homard)
- “longline”
“longline” means a line that has a series of fish hooks attached and is used to catch fish but does not include angling gear or hand-lines; (palangre)
- “Mackerel Fishing Area”
“Mackerel Fishing Area” means a Mackerel Fishing Area illustrated and enumerated in Schedule IX; (zone de pêche du maquereau)
- “mesh size”
“mesh size” means, in respect of netting
(a) in a crab trap, the distance measured in a straight line inside the knots forming any one side of a single mesh,
(b) in an otter trawl, the average size of any 20 meshes that are measured by inserting into the meshes a flat wedge-shaped gauge having a taper of 2 cm in 8 cm and a thickness of 2.3 mm with a weight of 5 kg attached, and
(c) in any other case, the total length of the twine measured along two contiguous sides of a single mesh, including the distance across the knot joining those sides but not including any other knots; (maillage)
- “mobile gear”
“mobile gear” means otter trawls, purse seines and scallop drags; (engin mobile)
- “monofilament”
“monofilament” means a single continuous filament made from polyethylene, polyvinylidene chloride or any similar type of synthetic material that has not been braided or woven; (monofilament)
- “observer”
“observer”[Repealed, SOR/93-61, s. 1]
- “otter trawl”
“otter trawl” means an “otter” or other trawl of a similar nature and includes a “Danish seine”, a “Scottish seine” and a midwater trawl; (chalut à panneaux)
- “overall length”
“overall length” in relation to a vessel, means the horizontal distance measured between perpendicular lines drawn at the extreme ends of the outside of the main hull of the vessel; (longueur hors tout)
- “recreational fishing”
“recreational fishing” means fishing solely for pleasure or fishing where the fish caught are solely for personal use; (pêche récréative)
- “Regional Director-General”
“Regional Director-General”[Repealed, SOR/93-61, s. 1]
- “registered”
“registered” means registered with the Department pursuant to section 17.1; (enregistré)
- “Salmon Fishing Area”
“Salmon Fishing Area” means a Salmon Fishing Area illustrated and enumerated in Schedule XXI; (zone de pêche du saumon)
- “scallop drag”
“scallop drag” means a type of scallop fishing gear towed in the sea by a vessel and that consists of a bag-like net of steel meshes and twine meshes, the closed end of the net having attached to it a dumping bar and the open end of the net being attached to a steel rectangular frame, and includes any other similar fishing gear; (drague à pétoncles)
- “Scallop Fishing Area”
“Scallop Fishing Area” means a Scallop Fishing Area illustrated and enumerated in Schedule XV; (zone de pêche du pétoncle)
- “seine”
“seine” means a net that hangs vertically in the water with floats attached at the top of the net and weights attached at the bottom, the ends of which are brought together or hauled ashore, and includes a bar seine, beach seine, drag seine or other similar type of net, but does not include a purse seine; (seine)
- “Shrimp Fishing Area”
“Shrimp Fishing Area” means a Shrimp Fishing Area illustrated and enumerated in Schedule XVII; (zone de pêche de la crevette)
- “square mesh”
“square mesh”[Repealed, SOR/94-60, s. 1]
- “Squid Fishing Area”
“Squid Fishing Area” means a Squid Fishing Area illustrated and enumerated in Schedule XIX; (zone de pêche du calmar)
- “Subarea”
“Subarea” means a Subarea described in Schedule III; (sous-zone)
- “Subdivision”
“Subdivision” means a Subdivision described in Schedule III; (sous-division)
- “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; (filet-piège or trappe en filet)
- “weir”
“weir” means an apparatus that
(a) is constructed of stakes attached to the seabed and held together with one or more sets of ribands,
(b) is surrounded by brush, twine or wire netting, and
(c) consists of one or more holding compartments or pounds into which fish are guided by one or more leaders. (bordigue)
(2) A reference in these Regulations to a species or group of species of fish or marine plants by its common name as set out in 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 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) [Repealed, SOR/91-357, s. 1]
(5) and (6) [Repealed, SOR/93-61, s. 1]
(7) A reference in these Regulations to a vessel class means a vessel class identified in a licence or vessel registration card as one of vessel classes A1 to A3000, B1 to B220, C1 to C6000, D1 to D220, E to S, Sc-1 to Sc-9 and T to Z.
(8) In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North American Datum 1927 (NAD 27) geodetic reference system.
(9) In these Regulations, the lines connecting points or coordinates are rhumb lines, unless stated otherwise.
- SOR/86-1000, s. 1;
- SOR/87-468, s. 1;
- SOR/87-672, s. 1;
- SOR/88-141, s. 1;
- SOR/89-203, s. 1;
- SOR/89-584, s. 1;
- SOR/91-76, s. 1;
- SOR/91-357, s. 1;
- SOR/91-498, s. 1;
- SOR/92-348, s. 1;
- SOR/93-61, ss. 1, 50(F), 51(F);
- SOR/94-60, s. 1;
- SOR/94-292, s. 1;
- SOR/2003-137, s. 6;
- SOR/2008-99, s. 1.
- Date modified: