1. These Regulations may be cited as the Quebec Fishery Regulations, 1990.

• 2. (1) In these Regulations,

  “American eel trap”

  “American eel trap” means a trap that

  • (a) is made of plastic or wire mesh with a minimum mesh size of 2.85 cm, or

  • (b) is made of netting with a minimum mesh size of 5.7 cm; (cage à anguilles d’Amérique)

  “angling”

  “angling” means fishing by means of a line or a rod and line to which is attached a hook or an artificial lure that may be baited, including fly fishing but not including fishing by means of a night line; (pêche à la ligne)

  “Area”

  “Area” means an area of the Province delimited as a fishing area under An Act respecting the conservation and development of wildlife, R.S.Q., c. C-61.1; (zone)

  “artificial fly”

  “artificial fly” means a hook or combination of hooks dressed with silk, tinsel, textiles, fur, feathers or other similar materials including, as parts of a fly, metal (brass, copper or aluminum) or plastic tubing, straight pin, Waddington shaft, non-metal eyes or head but does not include flies to which is attached an external device likely to attract fish, baited flies, flieswith a spinning or undulating device and weights that cause the fly to sink; (mouche artificielle)

  “artificial lure”

  “artificial lure” means a spoon, simulated minnow, artificial fly or any other device made of feathers, fibres, rubber, wood, metal, plastic or similar materials that has one or more hooks; (leurre artificiel)

  “Assistant Deputy Minister”

  “Assistant Deputy Minister”[Repealed, SOR/2001-51, s. 1]

  “bait trap”

  “bait trap” means a fishing device that

  • (a) has no wings or leaders,

  • (b) is made of netting or plastic or wire mesh,

  • (c) is fastened to hoops or frames,

  • (d) has a maximum length of 60 cm and a maximum width of 25 cm, and

  • (e) is equipped with funnel-shaped openings, the smallest diameter of which does not exceed 2.5 cm; (bourolle)

  “box net”

  “box net” means a fishing device that

  • (a) has one or more wings or leaders,

  • (b) terminates in a box-shaped net, and

  • (c) is used to catch fish without enmeshing them; (filet à réservoir)

  “Centre d’étude et de recherche Manicouagan”

  “Centre d’étude et de recherche Manicouagan”[Repealed, SOR/2001-51, s. 1]

  “Chief of the Wildlife Conservation Service”

  “Chief of the Wildlife Conservation Service”[Repealed, SOR/2001-51, s. 1]

  “common-law partner”

  “common-law partner” in relation to an individual means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait);

  “communal wildlife area”

  “communal wildlife area” means a territory established by an order of the Minister and given to lease exclusive fishing rights for communal purposes; (aire faunique communautaire)

  “controlled zone”

  “controlled zone” or “zec” means an area of the Province so designated under An Act respecting the conservation and development of wildlife, R.S.Q., c. C-61.1; (zone d’exploitation contrôléeouzec)

  “county”

  “county” means an electoral district described in the Territorial Division Act of Quebec, R.S.Q., c. D-11; (comté)

  “crayfish trap”

  “crayfish trap” means a trap that

  • (a) does not have wings or leaders,

  • (b) is funnel or box-shaped, and

  • (c) is made of netting or plastic or wire mesh; (casier à écrevisses)

  “Director”

  “Director” means a person who works in the Wildlife Sector of the Ministry, and who occupies a managerial position with respect to fisheries; (directeur)

  “Duchesnay Sanctuary”

  “Duchesnay Sanctuary”[Repealed, SOR/91-336, s. 1]

  “ecological reserve”

  “ecological reserve” means an area of the Province so designated under the Natural Heritage Conservation Act, R.S.Q., c. C-61.01; (réserve écologique)

  “fish trap”

  “fish trap” means a trap that

  • (a) does not have any wings or leaders,

  • (b) is made of netting or plastic or wire mesh,

  • (c) is fastened on hoops or frames,

  • (d) is equipped with openings, the largest dimension of which does not exceed 2.5 cm, and

  • (e) is used to catch fish without enmeshing them; (nasse)

  “fly fishing”

  “fly fishing” means fishing by means of a fly line mounted on a rod designed specifically for that type of fishing and to which are attached artificial flies; (pêche à la mouche)

  “hook”

  “hook” means a shaft with one or more points and includes an artificial lure; (hameçon)

  “hoop net”

  “hoop net” means a fishing device that

  • (a) consists of a series of interconnected conical pockets narrowing at equal distances to a point,

  • (b) is equipped with one or more leaders or one or more wings,

  • (c) is made of netting or plastic or wire mesh, and

  • (d) is fastened to hoops or frames; (verveux)

  “Indian”

  “Indian”[Repealed, SOR/99-264, s. 1]

  “Inuk”

  “Inuk”[Repealed, SOR/99-264, s. 1]

  “Lake Saint-Pierre”

  “Lake Saint-Pierre”[Repealed, SOR/97-203, s. 1]

  “Lake Saint-Pierre archipelago”

  “Lake Saint-Pierre archipelago”[Repealed, SOR/97-203, s. 1]

  “landing net”

  “landing net” means a bag-shaped net that is mounted on a frame such that any dimension of the net does not exceed 90 cm; (épuisette)

  “large”

  “large” means, in respect of a salmon, 63 cm or more in length; (grand)

  “leader”

  “leader” means a vertical panel that is attached to the front of a fishing net in order to lead fish towards the opening in the net; (guideau)

  “length”

  “length” means

  • (a) in respect of an Atlantic salmon, the distance measured in a straight line from the tip of the snout to the fork of the tail, and

  • (b) in respect of any other fish, the distance measured in a straight line from the tip of the snout to the tip of the caudal fin; (longueur)

  “licence”

  “licence” means a document issued under these Regulations conferring on the holder the privilege to do the things described in the document, subject to the Fisheries Act, these Regulations and the terms and conditions prescribed in the licence; (permis)

  “lift net”

  “lift net” means a net that

  • (a) is made of netting or plastic or wire mesh,

  • (b) is fastened to a frame that is usually square-shaped,

  • (c) is attached to a rope,

  • (d) does not exceed 1.3 m in its fully extended length, and

  • (e) has a maximum mesh size of 2.5 cm; (carrelet)

  “maximum size”

  “maximum size” means, in relation to the hook of an artificial fly, a distance between the point of the hook and the shaft not exceeding

  • (a) 17 mm for a single hook,

  • (b) 13 mm for a double hook, or

  • (c) 7 mm for a triple hook; (taille maximale)

  “mesh size”

  “mesh size” means

  • (a) in respect to netting, the distance between the extreme angles of a single mesh measured inside the knots after being stretched to form two parallel straight lines, and

  • (b) in respect of plastic or wire mesh, the greatest distance across the opening of the mesh; (maillage)

  “Minister”

  “Minister” means

  • (a) in respect of the issuing of the commercial fishing licences listed in subitems 1(6) to (20), column 1, of Part 2 of Schedule 5, the Quebec Minister of Agriculture, Fisheries and Food, and

  • (b) in all other cases, the Minister responsible in the Province for the application of An Act respecting the conservation and development of wildlife, R.S.Q., c. C-61.1; (ministre)

  “Ministry”

  “Ministry” means the Ministry responsible for fishing in the Province; (ministère)

  “night line”

  “night line” means a line to which hooks are attached at intervals, but does not include a line used in angling; (ligne dormante)

  “outfitter”

  “outfitter” means, for the purposes of these Regulations, a territory established by an Order of the Minister and given to lease exclusive fishing rights to a company for developing the use of wildlife resources; (pourvoirie)

  “park”

  “park” means an area of the Province so designated under the Parks Act of Quebec, R.S.Q., c. P-9; (parc)

  “pound net”

  “pound net” means a fishing device that

  • (a) is equipped with one or more leaders and one or more wings,

  • (b) is made of netting, plastic or wire mesh or fascines, and

  • (c) is used to catch fish without enmeshing them; (trappe)

  “Province”

  “Province” means the Province of Quebec; (province)

  “provincial legislation”

  “provincial legislation” means An Act respecting the conservation and development of wildlife, R.S.Q., c. C-61.1, the Natural Heritage Conservation Act, R.S.Q., c. C-61.01, An Act respecting commercial fishing and commercial harvesting of aquatic plants, R.S.Q., c. P-9.01, the Parks Act, R.S.Q., c. P-9, or any regulations made under those Acts; (législation provinciale)

  “Regional Director”

  “Regional Director”[Repealed, SOR/2001-51, s. 1]

  “resident”

  “resident” has the same meaning as in the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1; (résident)

  “Saint-François Bay”

  “Saint-François Bay”[Repealed, SOR/97-203, s. 1]

  “salmon pool”

  “salmon pool” means a place in a salmon river identified as a salmon pool by means of posted notices; (fosse à saumon)

  “salmon river”

  “salmon river” means a river, or a part of a river, that is set out in Schedule 6; (rivière à saumon)

  “seine”

  “seine” means a net that hangs vertically in the water with floats attached at the top and weights attached at the bottom, the ends of which are brought together or hauled to catch fish without enmeshing them; (seine)

  “size”

  “size”[Repealed, SOR/2008-322, s. 1]

  “small”

  “small” means, in respect of a salmon, less than 63 cm in length; (petit)

  “Société”

  “Société”[Repealed, SOR/2005-269, s. 1]

  “sport fishing”

  “sport fishing” means angling, fishing by means of a lift net, landing net, spear, bow and arrow or crossbow, or fishing with a spear while swimming; (pêche sportive)

  “spouse”

  “spouse”[Repealed, SOR/95-496, s. 1]

  “tailer”

  “tailer” means a device that consists of a snare attached to the end of a handle that ensnares fish by gripping them around the tail; (serre-queue)

  “tidal waters”

  “tidal waters” means

  • (a) those parts of the Gulf of St. Lawrence and the Baie des Chaleurs between the coastline of Quebec and an imaginary line commencing at the terminus of the Labrador-Quebec boundary in the Gulf of St. Lawrence, thence along a rhumb-line to a point at Latitude 49°25′N., Longitude 60°00′W.; thence along a rhumb-line to a point at Latitude 47°02′18″N., Longitude 60°45′W.; thence along a rhumb-line to a point at Latitude 47°08′25″N., Longitude 64°01′10″W.; thence due north to a point at Latitude 48°12′15″N., Longitude 64°02′10″W.; thence following the Quebec-New Brunswick boundary in the Baie des Chaleurs to the Campbellton Bridge,

  • (b) that part of the St. Lawrence River downstream from an imaginary line drawn from a point at Latitude 47°01′57″N., Longitude 70°48′40″W. (Pointe-aux-Prêtres) to a point at Latitude 46°56′06″N., Longitude 70°44′11″W. (Berthier-sur-Mer),

  • (c) that part of the Saguenay River downstream from the Dubuc Bridge at Chicoutimi, and

  • (d) that part of the York River downstream from the Gaspé Bridge; (eaux à marée)

  “trammel net”

  “trammel net” means a weighted net made of a series of three juxtaposed pieces of webbing with the centre web having a smaller mesh size than the side webs; (filet-trémail)

  “trap net”

  “trap net” means a fishing device that

  • (a) has one or more wings or leaders,

  • (b) terminates in a bag-shaped net,

  • (c) is attached to a stake,

  • (d) floats with the tide, and

  • (e) catches fish without enmeshing them; (filet à poche)

  “weighted core line”

  “weighted core line” means a fly line that, when folded firmly and then released, remains folded; (ligne à coeur métallique)

  “weighted down line”

  “weighted down line” means a fly line to which an external weight is attached; (ligne lestée)

  “wildlife reserve”

  “wildlife reserve” means a park, wildlife sanctuary or controlled zone established under provincial legislation; (territoire faunique)

  “wildlife sanctuary”

  “wildlife sanctuary” means an area of the Province so designated under the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1; (réserve faunique)

  “wing”

  “wing” means a vertical panel made of wire mesh or netting, attached to one or both sides of fishing gear and used to lead fish towards the fishing gear or to catch fish. (aile)

• (2) A reference in these Regulations to a species or group of species of fish by its common name as set out in column 1 of Schedule 3 shall be construed as a reference to the species or group of species of fish whose scientific name is set out in column 2.

• (3) Where a period is set out in these Regulations, the period

  • (a) unless otherwise specified, begins at 00:01 h on the first day set out and ends at 24:00 h on the last day set out; and

  • (b) begins and ends in the same calendar year, except that where it is stated to end on a day in a month that occurs earlier in the calendar year than the month in which it begins, the period begins in one calendar year and ends in the next calendar year.

• (4) For the purposes of these Regulations, the weight of fish

  • (a) that have only their entrails removed shall be deemed to be the weight of the remaining fish plus one quarter of that weight;

  • (b) that have only their entrails and head removed shall be deemed to be the weight of the remaining fish plus two thirds of that weight; and

  • (c) that are filleted shall be deemed to be the weight of the fillets plus two and one-half times that weight.