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

Regulations are current to 2016-08-15 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[Repealed, SOR/93-61, s. 3]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.
  •  (1) Subject to subsection (2), no person shall use a vessel, and no owner of a vessel shall permit another person to use that vessel, to transport any species of fresh fish referred to in these Regulations unless

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

    • (b) the use of that vessel to transport that species is authorized by a licence.

  • (2) Subsection (1) does not apply where the vessel used in transporting fresh fish is

  • SOR/91-498, s. 4;
  • SOR/93-337, s. 1.

 No person who is fishing under the authority of a licence that does not specify the use of a specific vessel shall permit a vessel to be used to transport any species of fresh fish caught under the authority of that licence unless the use of that vessel to transport that species is authorized by a licence.

  • SOR/91-498, s. 4.
  •  (1) Subject to subsection (4) and section 15, no person shall fish for any species of fish set out in Schedule I unless

    • (a) he holds a fisher’s registration card; and

    • (b) he is authorized, pursuant to subsection (2), to fish for that species.

  • (2) Subject to subsection (3), a person is authorized to fish for a species of fish if that person is

    • (a) the holder of a licence for that species;

    • (b) on board a vessel and is named as the operator of that vessel in a licence that authorizes the use of that vessel to fish for that species;

    • (c) accompanying a person referred to in paragraph (a) or (b); or

    • (d) on board a vessel the owner of which is the holder of a licence that authorizes the use of that vessel in fishing for that species and an operator is not named in the licence.

  • (3) Paragraphs 2(b) to (d) do not apply to a person engaged in recreational fishing.

  • (4) A person who is less than 16 years of age may engage in fishing without being registered.

  • SOR/93-61, s. 54(E).
  •  (1) The holder of a licence for recreational fishing may fish for a species specified in that licence

    • (a) without being registered; and

    • (b) from a vessel that is not registered.

  • (2) A person may, without being registered or licensed and with a vessel that is not registered, engage in recreational fishing

    • (a) for groundfish with a hand-line or by angling;

    • (b) for mackerel with a hand-line or by angling;

    • (c) for capelin with any fishing gear other than trap nets, seines or mobile gear; or

    • (d) for squid with any fishing gear other than trap nets or mobile gear.

  • (2.1) A person less than 16 years of age who does not hold a licence may engage in recreational fishing when accompanied by the holder of a recreational fishing licence if the fishing is done in accordance with the conditions of the licence.

  • (3) A person who is designated under paragraph 4(2)(a) or subsection 4(3) of the Aboriginal Communal Fishing Licences Regulations to fish under the authority of a licence issued under subsection 4(1) of those Regulations may engage in fishing in accordance with the conditions of that licence

    • (a) without being registered; and

    • (b) from a vessel that is not registered.

  • SOR/93-337, s. 2;
  • SOR/2001-212, s. 2;
  • SOR/2002-225, s. 5;
  • SOR/2006-132, s. 1.

 No person shall harvest marine plants except under the authority of a licence issued for that purpose by the Minister under section 45 of the Act.

  • SOR/93-61, s. 5.

Application for Documents

  •  (1) An application for a document is to be made to the Minister on a form supplied by the Minister and accompanied by the appropriate fee.

  • (2) Subject to subsections (2.1) to (2.3), the fee for a document set out in column I of an item of Part I of Schedule II is the fee set out in column II of that item.

  • (2.1) Subject to subsections (2.2) and (2.3), where a Commercial Fishing Licence authorizes the taking of specific quantities of any species set out in Part II of Schedule II, the fee for the licence shall be the sum of the products determined by multiplying the number of tonnes of each species set out in column I of an item of Part II that are authorized to be taken under the licence from the waters set out in column II of that item by the fee per tonne set out in column III of that item.

  • (2.2) Where any product calculated pursuant to subsection (2.1) in respect of any species of fish, other than groundfish,

    • (a) is less than $2,500.00 that product shall be reduced by 40 percent; or

    • (b) is $2,500.00 or more that product shall be reduced by $1,000.00.

  • (2.3) Where the sum of the products calculated pursuant to subsection (2.1) in respect of all species of groundfish

    • (a) is less than $2,500.00 that sum shall be reduced by 40 percent; or

    • (b) is $2,500.00 or more that sum shall be reduced by $1,000.00.

  • (3) to (5) [Repealed, SOR/93-61, s. 6]

  • SOR/86-1000, s. 2;
  • SOR/87-672, s. 2;
  • SOR/89-584, s. 2;
  • SOR/93-61, s. 6;
  • SOR/96-1, s. 1.
 
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