3. (1) These Regulations apply in Nova Scotia, New Brunswick and Prince Edward Island and in Canadian fisheries waters adjacent to those provinces.
(2) These Regulations do not apply in respect of
(a) [Repealed, SOR/93-335, s. 2]
(b) fishing for marine mammals;
(c) fishing carried out under the authority of a licence issued under the Atlantic Fishery Regulations, 1985;
(d) except for Part VIII, cultured or cultivated fish found in or taken from
(i) an aquaculture area or site operated under a lease or licence issued by the Minister or under the Aquaculture Act of Nova Scotia or the Aquaculture Act of New Brunswick, or
(ii) a privately owned fish pond that does not contain any wild fish and to which wild fish have no access;
(e) national parks where the National Parks Fishing Regulations apply; or
(f) a foreign fishing vessel or a person fishing from a foreign fishing vessel, except where the vessel or person is engaged in recreational fishing.
(3) Except for this section and sections 2, 4, 6, 18, 19, 22, 25 to 29, 34, 35, 39, 56, 58, and 68, these Regulations 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/93-335, s. 2;
- SOR/97-246, s. 1;
- SOR/2002-225, s. 10.
Licensing and Registration
4. (1) Subject to subsections (2) to (5), no person shall fish for or catch and retain any fish unless
(a) the person is
(ii) accompanying a person referred to in subparagraph (i) and is fishing for
(A) eels with eel traps,
(B) gaspereau with gill nets, trap nets, square nets or weirs,
(C) shad with gill nets, square nets or trap nets,
(D) silversides with trap nets,
(E) smelt with bag nets, box nets or gill nets,
(F) sturgeon with gill nets, or
(G) tomcod with bag nets, box nets or gill nets;
(b) the person holds a fisher’s registration card; and
(c) where a vessel is used in fishing, a vessel registration card has been issued in respect of that vessel.
(2) A person may retain
(a) shad incidentally caught with gaspereau fishing gear operated under the authority of a licence;
(b) [Repealed, SOR/96-125, s. 1]
(c) tomcod incidentally caught with smelt fishing gear operated under the authority of a licence.
(3) Subsection (1) does not apply in respect of
(a) recreational fishing by angling or with set lines;
(b) recreational fishing for clams or mussels by hand or with hand-held tools;
(c) recreational fishing for eels, smelt or tomcod with spears in tidal waters;
(d) recreational fishing for smelt with dip nets;
(e) recreational fishing for gaspereau with dip nets in waters other than
(i) the inland and tidal waters of Prince Edward Island, and
(ii) the inland waters of the Miramichi River and the Saint John River;
(f) fishing for oysters in a leased oyster area; or
(g) fishing for minnows with minnow traps or dip nets.
(4) Paragraphs (1)(b) and (c) do not apply in respect of fishing under the authority of a recreational fishing licence or a licence issued under the Aboriginal Communal Fishing Licences Regulations.
(5) Paragraph (1)(c) does not apply in respect of fishing for oysters in a public oyster-fishing area in the inland or tidal waters of Prince Edward Island or Nova Scotia.
- SOR/93-335, s. 3;
- SOR/96-125, s. 1;
- SOR/2001-452, s. 2.
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