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

45. No person shall, during the period beginning on May 1 and ending on December 31, fish for herring with a gill net that

• (a) has a mesh size greater than 83 mm; or

• (b) contains monofilament in the netting.

45.1 [Repealed, SOR/2011-39, s. 2]

45.2 No person who is the master of a fishing vessel shall land or permit to be landed from the vessel, outside Canadian fisheries waters, herring caught by means of mobile gear unless, before it is landed,

• (a) the herring is inspected by a fishery officer at a Canadian port; or

• (b) where no fishery officer is available to inspect the herring at a Canadian port, the master of the vessel obtains permission from a fishery officer to land the herring outside Canadian fisheries waters.

45.3 [Repealed, SOR/2011-39, s. 3]

46. Subject to section 47, no person other than the holder of a licence for bait fishing for mackerel shall fish for mackerel in a Mackerel Fishing Area referred to in an item of Schedule X with a type of vessel and gear set out in a subitem of that item during the close time set out in that subitem.

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

• 48. (1) Subject to subsections (2) and (4), no person shall fish for, buy, sell or have in his possession any mackerel that is less than 25 cm in length.

• (2) Subsection (1) does not apply with respect to mackerel that are less than 25 cm in length where

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

  • (b) the number of mackerel less than 25 cm in length retained during any one fishing trip does not exceed 10% of the number of longer mackerel caught and retained during the 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 mackerel.

• (4) Subsection (1) does not apply with respect to mackerel caught with gill nets.

49. No person shall, during the period beginning on May 1 and ending on December 31, fish for mackerel with a gill net that

• (a) has a mesh size greater than 83 mm; or

• (b) contains monofilament in the netting.