Maritime Provinces Fishery Regulations (SOR/93-55)

Quotas

55.1 No person engaged in recreational fishing for mussels by any method in the waters set out in column I of the table to this section shall catch and retain, in any day, more mussels than the fishing quota set out in column II.

PART VIIIOysters

Gear Restrictions

56 No person shall fish for oysters

• (a) by diving in a leased oyster area in the inland or tidal waters of Prince Edward Island; or

• (b) in a public oyster-fishing area, except with tongs or rakes that are operated by hand without mechanical assistance.

Close Times

57 No person shall, unless authorized under a licence set out in item 7 of the table to section 5, fish for oysters in an area set out in column I of the table to this section

• (a) by a method set out in column II of that item during the yearly close time set out in column III of that item; or

• (b) during the weekly close time set out in column IV of that item.

Length Restriction

58 No person shall catch and retain or possess an oyster that is less than 76 mm in length.

PART IXSalmon

Interpretation

59 In this Part,

Salmon Fishing Area

Salmon Fishing Area means a Salmon Fishing Area illustrated and enumerated in Schedule VI and includes the waters of any province that flow into such an Area. (zone de pêche du saumon)

Gear Restrictions

60 No person shall fish for salmon except by angling with an artificial fly.

Close Times

61 Subject to subsection 66(1), no person shall fish for salmon in the waters set out in column I of an item of Schedule VII during the close time set out in column II of that item.

Quotas for Specific Waters

62 No person shall catch and retain from the waters set out in column I of an item of Schedule VII

• (a) more salmon in any day than the daily catch and retain quota set out in column III of that item; or

• (b) more salmon in any year than the yearly fishing quota set out in column V of that item.

Aggregate Quotas and Length Restrictions by Province

63 No person shall catch and retain from the waters set out in column I of an item of the table to this section

• (a) more salmon in any day than the daily catch and retain quota set out in column II of that item;

• (b) more salmon in any year than the yearly fishing quota set out in column IV of that item; or

• (c) any salmon the length of which is less than the minimum length set out in column V of that item.

Catch and Release Provisions for Specific Waters

• 64 (1) No person shall, during any day, continue to angle for salmon in the waters set out in column I of an item of Schedule VII after that person has

  • (a) caught and retained from those waters the daily catch and retain quota set out in column III of that item; or

  • (b) subject to subsection 66(2), caught and released in those waters the daily catch and release quota set out in column IV of that item.

• (2) No person shall, during any year, continue to angle for salmon in the waters set out in column I of an item of Schedule VII after that person has caught and retained from those waters the yearly fishing quota set out in column V of that item.

Catch and Release Provisions by Province

• 65 (1) No person shall, during any day, continue to angle for salmon in the waters set out in column I of an item of the table to section 63 after that person has

  • (a) caught and retained from those waters the daily catch and retain quota set out in column II of that item; or

  • (b) subject to subsection 66(2), caught and released in those waters the daily catch and release quota set out in column III of that item.

• (2) No person shall, during any year, continue to angle for salmon in the waters set out in column I of an item of the table to section 63 after that person has caught and retained from those waters the yearly fishing quota set out in column IV of that item.

• 66 (1) A person may, during the period beginning on April 15 and ending on May 15, fish for or catch and retain salmon from the inland and tidal waters of New Brunswick other than

  • (a) the waters of the Restigouche River upstream from the J.C. Van Horne Bridge in Campbellton; and

  • (b) the waters of the Nepisiguit River upstream from a straight line drawn from grid reference 01487695 to grid reference 01157740 as found on the map Bathurst 21 P/12.

• (2) Where a person who is fishing for salmon pursuant to subsection (1) has not caught and retained the applicable daily or yearly fishing quota for salmon, the person may catch and release any number of salmon in any day.

Tagging

• 67 (1) Every person who catches and retains a salmon in accordance with these Regulations shall forthwith securely lock or seal on the salmon a salmon tag, as specified in subsection (2), that has been issued to that person and shall do so in accordance with the design of the tag and so that it cannot be removed without tampering with the lock or seal, breaking or cutting the tag or cutting or tearing any part of the salmon.

• (2) A salmon tag that is affixed to a salmon shall be

  • (a) a blue tag, where the salmon was caught and retained by angling, and shall be a tag specific to a salmon 63 cm or more in length where the salmon is 63 cm or more in length; and

  • (b) a brown tag, where the salmon was caught and retained under a written permission referred to in section 4 of the Act or was taken from an aquaculture area or site or a privately owned fish pond.

  • (c) [Repealed, SOR/93-335, s. 6]

68 No person shall import a salmon into a province unless

• (a) an import tag issued with a licence to import salmon set out in item 9 of the table to section 5 is affixed to that salmon in the manner described in subsection 67(1) prior to its entry into the province or immediately upon its entry into the province; or

• (b) it bears a salmon tag.

69 No person shall have on board any vessel for which a registration card has been issued any salmon to which a blue salmon tag is affixed.

• 70 (1) Subject to subsection (2), no person shall possess a salmon unless a salmon tag is affixed thereto.

• (2) Subsection (1) does not apply to a person who is cooking or smoking a salmon if the tag that was removed from it at the time cooking or smoking commenced is readily available for inspection by a fishery officer or fishery guardian.

• 71 (1) Subject to subsection (2), where a salmon is caught by angling and retained, the person who hooked the salmon, whether or not that person landed the salmon, shall be regarded as having caught and retained it, and shall tag it in accordance with section 67.

• (2) Where a fishing guide who is authorized to provide guide services under an Act of the legislature of a province hooks a salmon on behalf of a person who has a licence to fish for salmon and who has paid the fishing guide for guide services, subsection (1) does not apply to the fishing guide and the person shall, for the purposes of that subsection, be considered to have hooked the salmon.

71.1 Sections 67, 70 and 71 do not apply in respect of salmon caught under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations.

PART XShad

Gear Restrictions

72 No person shall fish for shad except by angling or with a dip net, gill net, square net or trap net.

Close Times

• 73 (1) No person shall engage in recreational fishing for shad in the waters set out in column I of Schedule VIII

  • (a) by a method set out in column II during the yearly close time set out in column III; or

  • (b) by a method set out in column II during the weekly close time set out in column IV.

• (1.1) No person shall engage in fishing for commercial purposes for shad in the waters set out in column I of Schedule VIII

  • (a) by a method set out in column II during the yearly close time set out in column III; or

  • (b) by a method set out in column II during the weekly close time set out in column IV.

• (2) No person shall fish for shad in the inland waters of Nova Scotia by any means other than angling during the period beginning at sunset and ending at sunrise.