British Columbia Sport Fishing Regulations, 1996 (SOR/96-137)

Regulations are current to 2012-05-14 and last amended on 2010-05-27. Previous Versions

British Columbia Sport Fishing Regulations, 1996

SOR/96-137

FISHERIES ACT

Registration 1996-03-05

Regulations Respecting Sport Fishing in the Canadian Fisheries Waters of the Pacific Ocean and of the Province of British Columbia

P.C. 1996-273  1996-03-05

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to sections 8, 43Footnote * and 79.7Footnote ** of the Fisheries Act, is pleased hereby to repeal the British Columbia Sport Fishing Regulations, made by Order in Council P.C. 1982-1920 of June 23, 1982Footnote ***, and to make the annexed Regulations respecting sport fishing in the Canadian fisheries waters of the Pacific Ocean and of the Province of British Columbia in substitution therefor, effective April 1, 1996.

SHORT TITLE

 These Regulations may be cited as the British Columbia Sport Fishing Regulations, 1996.

INTERPRETATION

  •  (1) The definitions in this subsection apply in these Regulations.

    “Act”

    “Act” means the Fisheries Act. (Loi)

    “angling”

    “angling” means fishing with a hook and line, with or without a rod. It does not include fishing with a set line. (pêche à la ligne)

    “Area”

    “Area” has the same meaning as in section 2 of the Pacific Fishery Management Area Regulations. (secteur)

    “artificial fly”

    “artificial fly” means

    • (a) in non-tidal waters, a single-pointed hook that is dressed only with fur, feathers, hair, textiles, tinsel, wire or any combination of those materials and to which no external weight or external attracting device is attached; and

    • (b) in tidal waters, a hook, or two hooks tied in tandem, dressed only with fur, feathers, hair, textiles, tinsel, wire or any combination of those materials. (mouche artificielle)

    “day”

    “day” means a calendar day. (jouroujournée)

    “fin fish”

    “fin fish” means all fish other than crustaceans, echinoderms, molluscs, shellfish and marine mammals. (poisson à nageoires)

    “fly fishing”

    “fly fishing” means angling with a line to which only an artificial fly is attached. (pêche à la mouche)

    “foul hook”

    “foul hook” means to hook a fish in any part of its body other than the mouth. (casaquer)

    “gill net”

    “gill net” has the same meaning as in section 2 of the Pacific Fishery Regulations, 1993. (filet maillant)

    “hatchery trout”

    “hatchery trout” means a trout of any kind that has a healed scar in place of the adipose fin. (truite d’élevage)

    “hatchery chinook salmon”

    “hatchery chinook salmon” means a chinook salmon that has a healed scar in place of the adipose, pelvic or pectoral fin, or in place of a maxillary. (saumon quinnat d’élevage)

    “hatchery coho salmon”

    “hatchery coho salmon” means a coho salmon that has a healed scar in place of the adipose, pelvic or pectoral fin, or in place of a maxillary. (saumon coho d’élevage)

    “kokanee”

    “kokanee” means a land-locked sockeye salmon. (kokani)

    “management unit”

    “management unit” or “M.U.” means an area designated as a management unit in section 2 of the Management Unit Regulation made pursuant to the Province’s Wildlife Act. (zone d’aménagementouZ.A.)

    “mesh size”

    “mesh size” has the same meaning as in section 2 of the Pacific Fishery Regulations, 1993. (maillage)

    “natural bait”

    “natural bait” means any foodstuff or natural substance other than wood, cotton, wool, hair, fur or feathers. It does not include fin fish other than roe. (appât naturel)

    “non-tidal waters”

    “non-tidal waters” means the waters of the Province other than tidal waters. (eaux sans marée)

    “overall length”

    “overall length” with respect to a fish, means the distance measured from the tip of the nose to the fork of the tail or, where there is no fork, to the tip of the tail. (longueur totale)

    “Province”

    “Province” means the Province of British Columbia. (province)

    “Region”

    “Region” means a region as described in section 3 of the Hunting Regulation made pursuant to the Province’s Wildlife Act. (Région)

    “ring net”

    “ring net” has the same meaning as in section 2 of the Pacific Fishery Regulations, 1993. (bolinche)

    “salmon”

    “salmon” means a chinook salmon, a chum salmon, a coho salmon, a pink salmon or a sockeye salmon other than a kokanee. (saumon)

    “set line”

    “set line” means a fishing line that is left unattended in the water. (ligne fixe)

    “spear fishing”

    “spear fishing” means fishing with a spear or an arrow that is propelled by a spring, an elastic band, compressed air or a bow or by hand. (pêche au harpon)

    “sport fishing”

    “sport fishing” means fishing for recreational purposes. (pêche sportive)

    “steelhead”

    “steelhead”, in waters where anadromous rainbow trout are found, means a rainbow trout that is greater than 50 cm in overall length. (truite arc-en-ciel anadrome)

    “stream”

    “stream” means a watercourse formed by the perennial or intermittent flow of water between continuous, definable banks and includes a river. (ruisseau)

    “Subarea”

    “Subarea” has the same meaning as in section 2 of the Pacific Fishery Management Area Regulations. (sous-secteur)

    “surfline”

    “surfline” has the same meaning as in section 2 of the Pacific Fishery Management Area Regulations. (ligne de démarcation)

    “tidal portion of the Fraser River”

    “tidal portion of the Fraser River” means the following Subareas or portions of Subareas:

    • (a) Subarea 29-11 and Subareas 29-13 to 29-17;

    • (b) the portion of Subarea 29-9 bounded on the west by a line from a fishing boundary sign near the entrance to Canoe Passage, thence to a fishing boundary sign on Westham Island, thence following the westerly shoreline of Westham Island and Reifel Island to Pelly Point on Reifel Island, thence to Garry Point on Lulu Island; and

    • (c) the portion of Subarea 29-12 bounded on the west by a line from the most southwesterly point of Sea Island, thence following the westerly shoreline of that island to the Iona Island Road Causeway, thence following that causeway and continuing in a straight line in a northerly direction to a fishing boundary sign on the north shore of Iona Island, thence in a straight line in a northerly direction to a fishing boundary sign on the mainland. (partie à marée du fleuve Fraser)

    “tidal waters”

    “tidal waters” means the waters of the Areas set out in Schedule II to the Pacific Fishery Management Area Regulations. (eaux à marée)

    “trout”

    “trout” means brook trout, brown trout, cutthroat trout, Dolly Varden, lake trout, rainbow trout or steelhead. (truite)

    “wild chinook salmon”

    “wild chinook salmon” means a chinook salmon that is not a hatchery chinook salmon. (saumon quinnat sauvage)

    “wild coho salmon”

    “wild coho salmon” means a coho salmon that is not a hatchery coho salmon. (saumon coho sauvage)

    “wild trout”

    “wild trout” means a trout that is not a hatchery trout. (truite sauvage)

    “year”

    “year” means a period beginning on April 1 and ending on March 31. (année)

  • (2) A reference in these Regulations to a 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 of fish whose scientific name is set out in column II of that item.

  • (3) A reference in these Regulations to a measurement of mesh size, depth, length or any other dimension of a net shall be construed as a reference to a measurement taken when the net is wet.

  • SOR/98-545, s. 1(E);
  • SOR/2001-156, s. 1(F);
  • SOR/2002-380, s. 1(F).