Maritime Provinces Fishery Regulations (SOR/93-55)

Regulations are current to 2017-11-06 and last amended on 2011-02-10. Previous Versions

Maritime Provinces Fishery Regulations

SOR/93-55

FISHERIES ACT

Registration 1993-02-04

Regulations Respecting Fishing in the Provinces of Nova Scotia, New Brunswick and Prince Edward Island and in Adjacent Tidal Waters

P.C. 1993-188 1993-02-04

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to sections 8, 43Footnote * and 46 of the Fisheries Act, is pleased hereby to revoke the Nova Scotia Fishery Regulations, C.R.C., c. 848, the New Brunswick Fishery Regulations, C.R.C., c. 844, and the Prince Edward Island Fishery Regulations, C.R.C., c. 850, and to make the annexed Regulations respecting fishing in the provinces of Nova Scotia, New Brunswick and Prince Edward Island and in adjacent tidal waters, in substitution therefor, effective February 24, 1993.

Short Title

 These Regulations may be cited as the Maritime Provinces Fishery Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

    Act means the Fisheries Act; (Loi)

    angling

    angling means fishing with a line to which one or more hooks are attached and that is held in the hand or attached to a rod that is held in the hand or closely attended; (pêche à la ligneouà la ligne)

    artificial fly

    artificial fly means a single hook, a double hook or two single hooks that are dressed with materials likely to attract fish and to which no weight, spinning device or natural bait is attached; (mouche artificielle)

    bag net

    bag net means a net

    • (a) that is attached to stakes or buoys,

    • (b) the bag of which floats with the tide or current, and

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

    brook trout

    brook trout includes any hybrid of brook trout, but does not include splake; (omble de fontaine)

    clams

    clams includes bar clams, bay quahaugs, razor clams and soft-shell clams; (clams)

    day

    day means a calendar day; (jour ou journée)

    Department

    Department means the Department of Fisheries and Oceans; (ministère)

    dip net

    dip net means a bag-like net that is

    • (a) fixed to a frame to which a handle is attached, and

    • (b) manipulated by hand to catch fish without enmeshing them; (épuisette)

    drag rake

    drag rake means a device used in fishing for shellfish that is towed along the bed of the water by a vessel, but does not include a hydraulic device or a mechanical device; (râteau traînant)

    drift net

    drift net means a gill net that drifts in the water, whether or not it is attached to a vessel, and includes a gill net that is not anchored at both ends; (filet dérivant)

    foreign fishing vessel

    foreign fishing vessel has the same meaning as in section 2 of the Coastal Fisheries Protection Act; (bateau de pêche étranger)

    gill net

    gill net means a net by which fish are caught by being enmeshed and that does not enclose an area of water; (filet maillant)

    hook

    hook, in relation to angling, means a single, double or treble hook, with or without barbs, on one shank or shaft; (hameçon)

    hydraulic device

    hydraulic device means a device used in fishing for shellfish whereby the shellfish are lifted from the bed of the water by the use of water under pressure; (dispositif hydraulique)

    Indian food fishing

    Indian food fishing[Repealed, SOR/93-335, s. 1]

    inland waters

    inland waters means

    • (a) all waters of a river, stream or brook set out in column I of an item of Schedule II that are upstream of the boundary or reference point, as the case may be, set out in column II of that item, including any waters tributary thereto that are upstream of that boundary or reference point, and

    • (b) in any case not referred to in paragraph (a), all waters that are upstream of the low-water mark at the time of low water as set out in the Canadian Tide and Current Tables published by the Department; (eaux intérieures)

    jigging

    jigging means fishing by manipulating one or more hooks so as to pierce a fish in any part of its body instead of luring the fish to take the hook or hooks into its mouth; (pêche à la turlutte)

    landlocked salmon

    landlocked salmon means non-anadromous salmon; (ouananiche)

    leased oyster area

    leased oyster area means an area for which a special licence or lease has been granted to a person under section 58 or 59 of the Act for the purpose of planting or forming oyster beds or for the cultivation and production of oysters; (secteur ostréicole amodié)

    length

    length means

    • (a) in relation to an eel, the distance measured in a straight line from the tip of the nose to the tip of the caudal fin,

    • (b) in relation to a salmon or a landlocked salmon, the distance measured in a straight line from the tip of the nose to the fork of the tail,

    • (c) in relation to a shellfish, the distance measured in a straight line through the longest part of the shell, and

    • (d) in relation to any other fish referred to in these Regulations, the distance measured in a straight line from the tip of the nose to the tip of the tail; (longueur)

    longline

    longline means a line to which two or more hooks are attached at intervals and that is anchored to the bed of the water; (palangre)

    mechanical device

    mechanical device means any device or equipment used in fishing for shellfish that is not

    • (a) hand-held,

    • (b) a drag rake, or

    • (c) a hydraulic device; (dispositif mécanique)

    mesh size

    mesh size has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (maillage)

    open season

    open season means a period of time during which no close time applies; (période d’ouverture)

    province

    province means, except in the definition salmon tag, the province of Nova Scotia, New Brunswick or Prince Edward Island; (province)

    public oyster-fishing area

    public oyster-fishing area means any area that is not a leased oyster area; (gisement public de pêche des huîtres)

    recreational fishing

    recreational fishing means fishing solely for pleasure or fishing to catch fish solely for personal use; (pêche récréative)

    Regional Director-General

    Regional Director-General[Repealed, SOR/2001-452, s. 1]

    registration card

    registration card means a fisher’s registration card or a vessel registration card issued under section 5 or under the Atlantic Fishery Regulations, 1985; (carte d’enregistrement)

    salmon

    salmon means anadromous salmon; (saumon)

    salmon tag

    salmon tag means a tag that is designed to be affixed to a salmon to identify the source and year of capture of the salmon and that

    • (a) is issued with a licence, written permission or other document under the authority of which the salmon was caught that is issued under

      • (i) the Act or the regulations made thereunder,

      • (ii) the National Parks Act or the regulations made thereunder,

      • (iii) an Act of the legislature of a province of Canada or the regulations made thereunder, or

      • (iv) the laws of any country other than Canada,

    • (b) is legible, and

    • (c) has not been tampered with; (étiquette à saumon)

    set line

    set line means a line that is not attached to a rod or held in the hand and to which only one hook with a single point or barb is attached; (ligne fixe)

    shellfish

    shellfish means clams, mussels and oysters; (mollusques et crustacés)

    splake

    splake means a trout that is a cross between a male brook trout and a female lake trout; (truite moulac)

    sport fish

    sport fish means smallmouth bass, landlocked salmon, salmon and trout; (poisson de sport)

    square net

    square net means a net made of wire or twine and attached to a pole that is manipulated on a pivot so as to lower and raise the net in the water to catch fish without enmeshing them; (carrelet)

    tidal waters

    tidal waters means, in relation to a county or province, all waters, other than inland waters, that are

    • (a) within that county or province, or

    • (b) adjacent to that county or province and closer to that county or province than to any other county or province; (eaux à marée)

    trap net

    trap net means a net that is set so as to enclose an area of water into which fish are guided through an opening or openings by one or more leaders, including what is commonly referred to as a box net but not including an eel trap; (trappe en filet)

    trout

    trout means Arctic char, brook trout, brown trout, lake trout and rainbow trout; (truite)

    weir

    weir has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (bordigue)

    whitefish

    whitefish means lake whitefish and round whitefish. (corégone)

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

  • (3) A reference in these Regulations to the weight of fish shall be construed as a reference to the weight of the fish in a completely unprocessed state.

  • (4) A reference in these Regulations to a grid reference is a grid reference based on the Universal Transverse Mercator Grid system expressed in the North American Datum 1927 (NAD 27) used in the National Topographic Series Maps, Scale 1:50,000, published by the Department of Natural Resources.

  • (5) Unless otherwise provided or a contrary intention appears, a reference in these Regulations to a river, stream or brook by its proper name shall be construed to include all waters forming part of that river, stream or brook and all waters tributary thereto.

  • (6) The provisions of these Regulations respecting shellfish that apply to specified waters apply also to the foreshore of those specified waters.

  • (7) In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North American Datum 1927 (NAD 27) geodetic reference system.

  • (8) In these Regulations, the lines connecting points or coordinates are rhumb lines, unless stated otherwise.

  • SOR/93-335, s. 1;
  • SOR/2001-452, s. 1;
  • SOR/2008-99, s. 10.
 
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