Atlantic Fishery Regulations, 1985 (SOR/86-21)

Regulations are current to 2014-06-12 and last amended on 2013-03-08. Previous Versions

APPLICATION

  •  (1) Subject to subsections (2) and (3), these Regulations apply to the management and control of the species of fish set out in Schedule I and found in or taken from

    • (a) the Convention Area;

    • (b) the tidal waters of the Provinces of New Brunswick, Newfoundland, Nova Scotia, Prince Edward Island and Quebec;

    • (c) the waters of Ungava Bay; and

    • (d) the waters of Hudson Strait lying east of 70°00′ west longitude.

  • (2) Where no species of fish is referred to in a provision of Part IV or XI, that provision applies in respect of any species of fish, whether or not that species is set out in Schedule I.

  • (2.1) Subject to paragraph (3)(c), these Regulations apply to the management and control of the harvesting of marine plants in the Atlantic coastal waters of Canada.

  • (3) These Regulations do not apply to

    • (a) a foreign fishing vessel or a person fishing on board such a vessel, except where the vessel is used for recreational fishing in Canadian fisheries waters;

    • (b) fishing for anadromous or catadromous fish in tidal waters of Quebec as defined in the Quebec Fishery Regulations;

    • (c) manual harvesting of dulse or harvesting of other marine plants that have become detached from the bottom;

    • (d) angling for salmon; or

    • (e) the taking of Atlantic salmon that originates in an aquaculture facility.

  • (4) Subject to subsections 49.3(2) and 91(1), the close times set out in these regulations do not apply with respect to recreational fishing in accordance with subsection 15(1) or (2).

  • (5) Sections 13 to 14, 17, 17.1, 39 to 45 and 46 to 50, subsection 51.3(1) and sections 51.4, 52, 54, 57, 61, 61.1, 63, 66, 68, 69, 70.1 to 72, 74, 77, 78, 80, 82, 83, 87, 90, 91, 99, 106, 106.1 and 108 to 115.1 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.

  • SOR/87-468, s. 2(F);
  • SOR/89-268, s. 1;
  • SOR/93-61, s. 2;
  • SOR/94-60, s. 2;
  • SOR/97-253, s. 1;
  • SOR/2001-212, s. 1;
  • SOR/2002-225, s. 4;
  • SOR/2003-314, s. 1;
  • SOR/2005-268, s. 1;
  • SOR/2007-20, s. 1;
  • SOR/2011-39, s. 1.

PART I

[Repealed, SOR/93-61, s. 3]

PART IIREGISTRATION OF PERSONS AND VESSELS AND LICENSING OF PERSONS

[SOR/91-498, s. 3]

Interpretation

 In this Part, “document” means a fisherman’s registration card, a vessel registration card or a licence.

Requirement for Registration and Licences

  •  (1) Subject to section 15 and subsection 51.1(2), no person shall use a vessel, and no owner of a vessel shall permit another person to use the vessel, in fishing for any species of fish referred to in these Regulations unless

    • (a) a vessel registration card has been issued in respect of the vessel;

    • (b) the use of the vessel to fish for that species of fish is authorized by a licence; and

    • (c) subject to subsection (2), the person who is using the vessel is named in the licence referred to in paragraph (b).

  • (2) Where a licence is issued authorizing the use of a vessel to fish for a species of fish and an operator is not named in the licence, any registered fisherman may operate that vessel to fish for that species.

  • SOR/87-468, s. 5(F);
  • SOR/93-61, s. 4.