• 37. (1) Subject to subsections (2) and (3), the master of a vessel fishing with mobile gear shall maintain a distance of at least one-half nautical mile between his vessel, including any mobile gear attached thereto, and any previously set fishing gear.

• (2) Where a person is fishing for herring in Herring Fishing Area 15, 16, 20 or 21, he shall not operate mobile gear within one nautical mile of any previously set weir or trap net.

• (3) Where a person is fishing for capelin, herring or mackerel in any of the waters of Capelin Fishing Areas 1 to 14, Herring Fishing Areas 1 to 14 or Mackerel Fishing Areas 1 to 14, he shall not fish with mobile gear within 400 m of any previously set fixed gear.

38. In this Part, “length”

• (a) in relation to a herring or a mackerel, means the distance measured in a straight line from the tip of the nose to the fork of the tail; and

• (b) in relation to a swordfish, means the distance measured in a straight line from the tip of the lower jaw to the fork of the tail.

39. No person shall fish for capelin in a Capelin Fishing Area referred to in an item of Schedule V with the type of vessel and gear set out in a subitem of that item during the close time set out in that subitem.

40. Subject to sections 41 to 43, no person other than the holder of a bait fishing licence for herring shall fish for herring in a Herring Fishing Area referred to in an item of Schedule VII with the type of gear set out in a subitem of that item during the close time set out in that subitem.

41. No person shall fish for herring in the waters set out in an item of Schedule VIII with mobile gear from a vessel of a length set out in that item during the close time set out in that item.

42. No person shall fish for herring in the waters of St. Paul’s Inlet in Herring Fishing Area 14 lying inside of the Highway 430 bridge during the period beginning on February 1 and ending on December 31.

43. Where, pursuant to these Regulations, a person is prohibited from fishing for herring at a time and place at which he is engaged in a fishing trip for mackerel, that person may retain a quantity of incidentally caught herring that does not exceed a fishing quota of 10 per cent of the weight of the mackerel caught and retained during the fishing trip.

• 44. (1) Subject to subsections (2) and (4), no person shall fish for, buy, sell or have in his possession any herring that is less than 26.5 cm in length.

• (2) Subsection (1) does not apply with respect to herring that are less than 26.5 cm in length where

  • (a) the catching of the herring was incidental to the catching of longer herring; and

  • (b) the number of herring less than 26.5 cm in length retained during any one fishing trip does not exceed 10% of the number of longer herring that were caught and retained during that fishing trip.

• (3) For the purposes of subsection (2), the percentage shall be determined on the basis of four or more samples taken from the catch, with each sample containing 50 or more herring.

• (4) Subsection (1) does not apply with respect to herring caught under the authority of a licence for herring fishing with

  • (a) gill nets;

  • (b) any fishing gear in Herring Fishing Areas 20 or 21; or

  • (c) fixed gear in the St. Lawrence River estuary upstream of a straight line joining Latitude 48°54′N., Longitude 68°40′W. to Latitude 48°38′N., Longitude 68°10′W.