Alberta Fishery Regulations, 1998 (SOR/98-246)

Regulations are current to 2013-04-29 and last amended on 2012-03-02. Previous Versions

Alberta Fishery Regulations, 1998

SOR/98-246

FISHERIES ACT

Registration 1998-04-23

Alberta Fishery Regulations, 1998

P.C. 1998-625 1998-04-23

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43Footnote a and subsection 79.7(5)Footnote b of the Fisheries Act, hereby makes the annexed Alberta Fishery Regulations, 1998.

INTERPRETATION

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

    “Act”

    “Act” means the Fisheries Act. (Loi)

    “angling”

    “angling” means fishing with hook and line. (pêche à la ligne)

    “bait”

    “bait” means a substance that attracts fish by scent or flavour and includes a lure to which scent or flavouring has been added. (appât)

    “bait fish”

    “bait fish” means a fish of a species set out in Part 2 of Schedule 1. (poisson-appât)

    “barbless hook”

    “barbless hook” includes a hook the barbs of which are pressed against the shaft of the hook so that the barbs are not functional. (hameçon sans ardillon)

    “Department”

    “Department” means the Department of Sustainable Resource Development of the Province. (ministère)

    “dip net”

    “dip net” means a device consisting of a bag-like net that is mounted on a ring or frame with or without a pole or handle attached. (épuisette)

    “Director”

    “Director” means the Director of Fisheries Management of the Fish and Wildlife Division of the Department. (directeur)

    “fish management zone”

    “fish management zone” or “zone” means an area set out in Schedule 2. (zone de gestion du poisson ou ZGP)

    “game fish”

    “game fish” means a fish of a species set out in Part 1 of Schedule 1. (poisson de sport)

    “gill net”

    “gill net” means a net by which fish are caught by being enmeshed but that does not enclose an area of water. (filet maillant)

    “hook”

    “hook” means a single or multi-pointed hook on a common shaft and includes a hook that is attached to a lure. (hameçon)

    “hook size”

    “hook size” means the measurement between the shaft and the tip of a hook. (taille de l’hameçon)

    “Indian”

    “Indian” means an Indian within the terms of Paragraph 12 of the Memorandum of Agreement, known as the Alberta Natural Resources Transfer Agreement, being the agreement entered into between Canada and Alberta on December 14, 1929 and confirmed by the Constitution Act, 1930. (Indien)

    “length”

    “length”, in respect of a fish, means the distance measured from the tip of the snout to the tip of the tail. (longueur)

    “lure”

    “lure” means a spoon, plug, jig, fly or other such device made only of feathers, fibre, rubber, wood, metal, plastic or similar materials, and that does not attract fish by scent or flavour. (leurre)

    “maggots”

    “maggots” means the larvae of terrestrial dipterous insects but does not include earthworms (dew-worms, nightcrawlers) or the larvae, pupae or adults of aquatic invertebrates. (asticots)

    “mealworms”

    “mealworms” means the larvae of terrestrial coleopterous insects but does not include maggots, wax worms, earthworms or the larvae, pupae or adults of aquatic invertebrates. (vers de farine)

    “mesh size”

    “mesh size”, in respect of a net, means the distance between the diagonally opposite angles of a single mesh measured

    • (a) after the net has been immersed in water for at least 30 minutes; and

    • (b) with the mesh extended without straining the twine. (maillage)

    “order”

    “order” means an order issued under subsection 3(1) in relation to any waters to which these Regulations apply. (ordonnance)

    “Province”

    “Province” means the Province of Alberta. (province)

    “provincial Act”

    “provincial Act” means the Fisheries (Alberta) Act, S.A. 1992, c. F-12.2. (loi provinciale)

    “provincial Minister”

    “provincial Minister” means the Minister of the Government of the Province who is responsible for the administration of the provincial Act.(ministre provincial)

    “seine net”

    “seine net” means a net the ends of which are brought together or hauled ashore and includes a bar seine, beach seine, drag seine, purse seine or other similar type of net. (seine)

    “snagging”

    “snagging” means attempting to catch or catching a fish using a hook

    • (a) other than to induce the fish to voluntarily take the hook in its mouth; or

    • (b) by intentionally piercing and hooking a fish in any part of the body other than the mouth. (casaquer)

    “snagging device”

    “snagging device” means

    • (a) an instrument that is designed for the purpose of snagging fish; or

    • (b) hooks or lures that are altered to facilitate the snagging of fish. (dispositif de casaque)

    “sportfishing”

    “sportfishing” means fishing by means of angling, bow and arrow, spear, dip net, seine net or minnow trap. It does not include fishing with those methods under the authority of a licence issued under subsection 13(3) or under any licence issued under the provincial Act other than a Sportfishing Licence. (pêche sportive)

    “trap net”

    “trap net” means a device that is designed to catch fish by leading the fish into an enclosure. (parc en filet)

    “tributary”

    “tributary” means a watercourse that flows into a body of water and includes a tributary to a tributary. (tributaire)

    “trout”

    “trout” means a fish of a species set out in item 9 of Part 1 of Schedule 1. (truite)

    “watershed”

    “watershed” means the area drained by one stream system, the stream and all its tributaries, and includes the lakes and reservoirs within that area whether or not they are directly connected to the stream. (bassin versant)

    “watershed unit”

    “watershed unit” or “unit” means a subdivision of a fish management zone set out in Schedule 2. (unité de bassin versant ou unité)

  • (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 an item of Schedule 1 shall be construed as a reference to the species or group of species of fish whose scientific name is set out in column 2 of that item.

  • (3) For the purposes of these Regulations, the boundary between two watersheds shall be the height of land that divides the two watersheds such that water on one side flows in one direction and water on the other side flows in a different direction.

  • (4) For the purposes of these Regulations, a fish is considered to be retained when it is not immediately returned to the waters from which it was taken.

  • (5) In these Regulations or any order, an alphanumeric reference used in the description of an area is a reference to an area of the Province established under Part 1 of the Surveys Act (Alberta),

  • R.S.A. 1980, c. S-29. SOR/99-349, s. 1;
  • SOR/2005-296, s. 1.