1 [Repealed, SOR/2003-54, s. 2]

Interpretation

2 In these Regulations,

Act

Act means the Canada National Parks Act; (Loi)

angling

angling means fishing with a hook and line held in the hand or with a hook, line and rod held in the hand but does not include fishing with a set line; (pêche à la ligne)

artificial fly

artificial fly means a single or double hook on a common shank, dressed with silk, tinsel, wool, fur, feathers or other material, or any combination thereof, without a spinning device whether attached to the hook or line; (mouche artificielle)

chemical attractant

chemical attractant means a chemical or scented substance that is applied inside or onto a lure in order to attract fish; (attractif chimique)

Director

Director[Repealed, SOR/96-245, s. 1]

fillet

fillet includes any piece of fish from which the internal organs, the head, the fins and the bones, except intramuscular or lateral bones, have been removed; (filet)

fish

fish includes a soft-shell clam (Mya arenaria); (poisson)

fish finder

fish finder means a sonar device for detecting fish; (détecteur de poissons)

fishing permit

fishing permit means a fishing permit that is issued pursuant to paragraph 4(a); (permis de pêche)

foul hooking

foul hooking means fishing with a hook or hooks attached to a line manipulated in such a manner as to pierce a fish in any part of its body other than its mouth; (hameçon illicite)

gaff-hook

gaff-hook means any hook attached directly to the end of a rod or pole for the purpose of landing a fish or piercing a fish in any part of its body; (gaffeau)

game fish

game fish means any of the species of fish set out in Schedule I; (poisson de sport)

gang-hook

gang-hook means a combination of two or more hooks used as a unit; (hameçon multiple)

lake trout endorsement

lake trout endorsement means an endorsement to fish for lake trout in the waters of Prince Albert National Park of Canada, issued pursuant to section 4.1; (autorisation de pêcher le touladi)

lead jig

lead jig means one or more weighted hooks that contain more than 1.0 per cent lead by weight and that are tied to a fishing line and used for catching fish; (turlutte plombée)

lead sinker

lead sinker means an object that contains more than 1.0 per cent lead by weight and that can be used to sink a fishing line by attachment of the object to the fishing line; (lest en plomb)

Minister

Minister[Repealed, SOR/96-245, s. 1]

natural bait

natural bait means any material used to attract fish that is partly or wholly composed of plants, animals or plant and animal products, but does not include an artificial fly or a wooden plug; (appât naturel)

open season

open season, with respect to any species of fish, means the period of each year during which fishing for that species is permitted in any park waters; (saison de pêche)

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)

park

park[Repealed, SOR/93-33, s. 1]

park officer

park officer[Repealed, SOR/99-352, s. 1]

possession

possession has the same meaning as in subsection 4(3) of the Criminal Code; (possession)

salmon licence

salmon licence means a salmon licence that is issued pursuant to paragraph 4(b); (permis de pêche du saumon)

soft-shell clam permit

soft-shell clam permit means a permit that is issued for recreational clam fishing under paragraph 4(c); (permis de pêche de la mye)

Superintendent

Superintendent[Repealed, SOR/90-4, s. 1]

tailer

tailer means a device consisting of a wire, cord or rope arranged on a rod or pole in such a manner as to form a noose or snare for the purpose of landing or catching a fish; (serre-queue)

year

year means the 12-month period commencing on April 1st in any calendar year and terminating on March 31st in the calendar year next following. (année)

Application

2.01 These Regulations apply to parks and, subject to sections 40 and 41 of the Act, to park reserves as if they were parks.

• 2.1 (1) These Regulations do not apply in respect of fishing for commercial purposes for eel, smelt or gaspereau in Kouchibouguac National Park of Canada by persons who

  • (a) in 1967, 1968 or 1969, possessed a commercial fishing licence under the authority of the New Brunswick Fishery Regulations, C.R.C., c. 844, to fish for eel, smelt or gaspereau within the waters of that park; or

  • (b) in 1979, were registered as commercial fishers under the authority of the New Brunswick Fishery Regulations, C.R.C., c. 844, and fished from the Cap St.-Louis or Loggiecroft wharf areas within that park.

• (2) Fishing for commercial purposes for eel, smelt or gaspereau within Kouchibouguac National Park of Canada shall be subject to the requirements of the Fisheries Act and the regulations made under that Act.

2.2 With the exception of paragraphs 15.1(a) and (b), these Regulations do not apply in respect of fishing in the marine portion of Forillon National Park of Canada.

2.3 For those parks within the Inuvialuit Settlement Region, these Regulations do not apply to the beneficiaries of the Inuvialuit Final Agreement as approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act.

2.4 For those parks within the Nunavut Settlement Area, these Regulations do not apply to the beneficiaries of the Nunavut Land Claims Agreement as approved, given effect and declared valid by the Nunavut Land Claims Agreement Act.

2.5 For those parks within the Yukon Territory, south of the Inuvialuit Settlement Region, these Regulations do not apply to the beneficiaries, within their respective traditional territories, of the Champagne and Aishihik First Nations Final Agreement and of the Vuntut Gwitchin First Nation Final Agreement as approved, given effect and declared valid by the Yukon First Nations Land Claims Settlement Act.

2.6 For the Gwaii Haanas National Park Reserve of Canada, these Regulations do not apply to people of the Haida Nation to whom the Gwaii Haanas Agreement, authorized by Order in Council P.C. 1992-1591 dated July 16, 1992, applies.

Fishing Permits

• 3 (1) Subject to subsections (2) and (3), no person shall fish

  • (a) in any park waters set out in column I of Schedule II unless that person is the holder of a fishing permit;

  • (b) for salmon in any waters in Terra Nova National Park of Canada unless that person is the holder of a salmon licence and is in possession of at least one unused salmon tag;

  • (c) for lake trout in any waters of Prince Albert National Park of Canada unless that person is the holder of a lake trout endorsement and a fishing permit issued pursuant to paragraph 4(a) and is in possession of at least one unused lake trout tag;

  • (d) for soft-shell clams in any waters in Kouchibouguac National Park of Canada unless that person is the holder of a soft-shell clam permit;

  • (e) for salmon in any waters in Cape Breton Highlands National Park of Canada unless that person is the holder of a salmon licence; or

  • (f) for salmon in any waters in Gros Morne National Park of Canada unless that person is

    • (i) the holder of a salmon licence and in possession of at least one unused salmon tag, and

    • (ii) the holder of a salmon licence issued under the Wild Life Regulations, Consolidated Newfoundland and Labrador Regulation 1156/96, made under the Wild Life Act, chapter W-8 of the Revised Statutes of Newfoundland, 1990, and in possession of at least one unused salmon tag issued under those Regulations.

• (2) Paragraph (1)(a) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a fishing permit.

• (3) Paragraph (1)(b) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a salmon licence and is in possession of at least one unused salmon tag.

• (4) Paragraph (1)(c) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a lake trout endorsement and is in possession of at least one unused lake trout tag.

• (5) Paragraph (1)(d) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a soft-shell clam permit.

• (6) Paragraph (1)(e) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a salmon licence.

4 A superintendent shall, on application by any person and payment by that person of the applicable fee fixed under section 24 of the Parks Canada Agency Act, issue to that person

• (a) a fishing permit;

• (b) a salmon licence and, where applicable, one salmon tag; or

• (c) a soft-shell clam permit.

4.1 A superintendent shall, on application by any person who holds a fishing permit, issue to that person a lake trout endorsement and a maximum of two lake trout tags.

5 A fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement

• (a) is valid for the period in respect of which it is issued; and

• (b) is valid only when signed by the person to whom it is issued.

6 Where a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement has been lost, a superintendent shall issue, without charge, a new permit, licence or endorsement, as the case may be, to a person who establishes that the person is the holder of the lost permit, licence or endorsement.

7 Every person shall, when fishing, carry any fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement issued to that person and shall, on request by a superintendent or park warden, produce the permit, licence or endorsement for examination.

• 7.1 (1) Every person who holds a salmon licence and who catches salmon in a park shall, in the manner set out in a notice posted by the superintendent or, where no such notice is posted, in the manner set out in the salmon licence,

  • (a) register their catch of salmon;

  • (b) maintain a record of their catch of salmon; and

  • (c) submit that record to a park warden.

• (2) Every person who registers a catch of salmon pursuant to paragraph (1)(a) shall present the entire salmon at the time of registration.

• (3) [Repealed, SOR/99-352, s. 7]

• 7.2 (1) Every person who catches and retains a salmon in Gros Morne or Terra Nova National Park of Canada shall immediately affix a salmon tag to it in accordance with subsection (2).

• (2) A salmon tag shall be affixed through the gill cavity and mouth of the salmon and securely locked.

• (3) No person shall remove a salmon tag from a salmon except at the time the salmon is prepared for consumption.

• (4) No person shall be in possession of salmon in Gros Morne or Terra Nova National Park of Canada unless

  • (a) a salmon tag has been affixed to the salmon in accordance with subsection (1); or

  • (b) in the case of salmon caught or taken outside the waters described in subsection (1), the person has possession of the salmon in accordance with the laws of the province within which the park is situated.

• (5) No person, other than a person under 16 years of age referred to in subsection 3(3), shall affix a salmon tag issued to that person under paragraph 4(b) to a salmon that is caught by another person.

7.3 All persons fishing in La Mauricie National Park of Canada shall, in the manner set out in a notice posted by the superintendent at a park wardens’ office, a park information booth or a park entrance, register their daily catch.

7.4 Every person who holds a lake trout endorsement shall, in the manner set out in a notice posted by the superintendent or, where no such notice is posted, in the manner set out in the lake trout endorsement,

• (a) register their catch of lake trout;

• (b) maintain a record of their catch of lake trout; and

• (c) submit that record to a park warden.

• 7.5 (1) Every person who catches and retains a lake trout in Prince Albert National Park of Canada shall immediately affix to it a lake trout tag in accordance with subsection (2).

• (2) A lake trout tag shall be affixed through the gill cavity and mouth of the lake trout and securely locked.

• (3) No person shall remove a lake trout tag from a lake trout except at the time the lake trout is prepared for consumption.

• (4) No person shall be in possession of lake trout in Prince Albert National Park of Canada unless

  • (a) in the case of lake trout caught or taken outside Prince Albert National Park of Canada, the person has possession of the lake trout in accordance with the laws of the Province of Saskatchewan and has declared possession of the lake trout on entering Prince Albert National Park of Canada in the prescribed form; and

  • (b) in any other case, a lake trout tag has been affixed to the lake trout in accordance with subsection (1).

• (5) No person, other than a person under 16 years of age referred to in subsection 3(4), shall affix a lake trout tag issued to that person under section 4.1 to a lake trout that is caught by another person.

• 7.6 (1) Every person who holds a soft-shell clam permit and who catches soft-shell clams in Kouchibouguac National Park of Canada shall, in the manner set out in a notice posted by the superintendent or, where no such notice is posted, in the manner set out in the permit

  • (a) register their catch of soft-shell clams;

  • (b) maintain a record of their catch of soft-shell clams; and

  • (c) submit the record to a park warden.

• (2) The superintendent shall, in determining the manner in which the responsibilities referred to in paragraphs (1)(a) to (c) are fulfilled, take into account the park’s natural and cultural resources and the preservation, control and management of the park.

• 8 (1) A superintendent or park warden who has reasonable grounds to believe that a person who is the holder of a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement has violated these Regulations may suspend and take possession of the fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement, as the case may be, held by that person.

• (2) Where a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement has been suspended pursuant to subsection (1), the suspension shall be cancelled and the fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement shall be revalidated and returned to the person to whom it was issued

  • (a) after the expiration of 30 days from the date of the suspension unless before that time proceedings have been instituted in respect of the alleged violation for which the fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement was suspended; or

  • (b) after that person is acquitted of the alleged violation for which the fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement was suspended.

• (3) Where a person who is the holder of a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement has been convicted of a violation of these Regulations, any fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement held by that person shall be cancelled.

• (4) Where a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement has been suspended pursuant to subsection (1), the person to whom it was issued shall not obtain or be in possession of any other of those documents at any time during the period of suspension.

• (5) Where a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement is cancelled pursuant to subsection (3), the person to whom it was issued shall not obtain or be in possession of any other of those documents at any time during the period of one year following the date of cancellation.

Open Seasons

• 9 (1) Subject to subsections (3) and (4) and section 20, the open season in each year in park waters set out in Column I of an item of Schedule II for the species of fish set out in Column II of that item is the period set out in Column III of that item inclusive of the opening and closing dates.

• (2) No person shall fish for any species of fish in a park except in park waters set out in Column I of an item of Schedule II for the species of fish set out in Column II of that item and during the open season for fish of that species set out in Column III of that item.

• (3) Where the first day of an open season falls on a Sunday or Monday in any year, the open season shall begin on the Saturday immediately preceding that Sunday or Monday.

• (4) Where the last day of an open season falls on a Friday or Saturday in any year, the open season shall end on the Sunday immediately following that Friday or Saturday.

Catch and Possession Limits

• 10 (1) No person shall, on any day, catch in the park waters set out in column I of an item of Part I of Schedule III, a number of fish of a species set out in column II of that item, or retain a number of fish of that species

  • (a) in excess of the daily catch and possession limit set out in column III of that item; or

  • (b) of an overall length in excess of or less than, as the case may be, the overall length, if any, set out in column III of that item.

• (2) No person shall at any time have in possession within the boundaries of a park set out in column I of an item of Part I of Schedule III a number of fish of a species set out in column II of that item

  • (a) in excess of the daily catch and possession limit set out in column III of that item; or

  • (b) of an overall length in excess of or less than, as the case may be, the overall length, if any, set out in column III of that item.

11 No person shall

• (a) on any day, catch in the park waters set out in column I of an item of Part II of Schedule III, a number of fish of the species set out in column II of that item, or retain a number of fish of those species, in excess of the aggregate daily catch and possession limit set out in column III of that item;

• (b) at any time, have in possession within the boundaries of a park set out in column I of an item of Part II of Schedule III, a number of fish of the species set out in column II of that item in excess of the aggregate daily catch and possession limit set out in column III of that item; or

• (c) fish on any day after having, on that day, caught in park waters set out in column I of an item of Part II of Schedule III, a number of fish of the species set out in column II of that item and retained the aggregate daily catch and possession limit set out in column III of that item.

12 Notwithstanding Parts I and II of Schedule III, no person shall fish in La Mauricie National Park of Canada on any day after having on that day caught in the waters of that park and retained

• (a) two lake trout; or

• (b) three northern pike.

12.1 Where the daily catch and possession limit and overall length set out in column III of an item of Part I of Schedule III are 0, any person who catches a fish of a species set out in column II of that item shall immediately unhook the fish and return it to the water with as little damage to the fish as possible.

12.2 Nothwithstanding the limit set out in column III of paragraph 8(a) of Parts I and II of Schedule III, no person shall, in any year, in the waters of Prince Albert National Park of Canada, catch and retain more than two lake trout.

12.3 Notwithstanding Schedule III, no person shall fish for atlantic salmon in any waters of Cape Breton Highlands National Park of Canada on any day after having caught and released two atlantic salmon measuring 30 cm or more.

12.4 to 12.7 [Repealed, SOR/94-314, s. 6]

13 Where a fish has been filleted, two fillets shall be treated as one fish and, unless the body is shown, every fillet shall be treated as having been taken from a game fish.

14 For the purposes of these Regulations, a fish in the possession of a person under 16 years of age who does not hold a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement, but who is accompanied by a person holding a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement, shall be considered to be in the possession of the holder of the fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement.

Prohibitions and General Provisions

• 15 (1) Except as otherwise provided in these Regulations, no person shall fish in park waters by any method other than angling.

• (2) No person shall be in possession, within 100 m of any park waters, of any equipment that can be used to catch or take fish, unless fishing in those waters by means of that equipment is permitted by these Regulations.

• (3) Notwithstanding subsection (2), no person shall be in possession at any time, within the boundaries of a park, of any equipment that can be used to catch or take fish, other than equipment used for angling or for taking soft-shell clams or American eel, except when carrying such equipment through the park in a vehicle to a destination outside the park or to a residence in the park.

• (4) No person shall fish from a bridge or any other structure that crosses the waters of Cape Breton Highlands, Fundy, Gros Morne, Prince Edward Island or Terra Nova National Park of Canada.

• (5) No person in La Mauricie or Forillon National Park of Canada shall have in possession fishing equipment unless

  • (a) the person holds a fishing permit; or

  • (b) the fishing equipment is kept inside a motor vehicle.

• (6) No person shall, while fishing in Fundy, Kouchibouguac, Cape Breton Highlands or Terra Nova National Park of Canada, use an artificial fly that incorporates a weight as an integral part of the artificial fly, that is attached to a sinking line, or that has a weight attached to the hook or line, for the purpose of causing the artificial fly to sink.

• (7) No person shall use a fish finder while fishing in Kejimkujik or La Mauricie National Park of Canada.

15.1 No person shall remove

• (a) subject to paragraph (b), invertebrates from the marine portion of Forillon National Park of Canada unless the person is the holder of a fishing permit, issued by the superintendent, authorizing their removal for scientific or park management purposes;

• (b) for commercial purposes, lobster or fish used as lobster bait, from the marine part of Forillon National Park of Canada unless the person is the holder of a licence, issued under the National Parks Businesses Regulations, 1998, to carry on that business;

• (c) for commercial purposes, soft-shell clams from Kouchibouguac National Park of Canada unless the person is the holder of a licence, issued under the National Parks Businesses Regulations, 1998, to carry on that business; or

• (d) invertebrates from Kouchibouguac National Park of Canada unless the person is the holder of a fishing permit, issued by the superintendent, authorizing their removal for scientific or park management purposes.

16 No person shall fish in park waters by foul hooking.

17 No person shall, when fishing in park waters, use

• (a) more than one fishing line;

• (b) a fishing line having more than one artificial fly or other type of bait;

• (c) a fishing line having an artificial fly to which is attached any live or dead natural bait;

• (d) a fishing line having any combination of hooks capable of catching more than one fish at a time;

• (e) a fishing line having more than one type of lure;

• (f) a lure having more than

  • (i) two single hooks,

  • (ii) two gang-hooks, or

  • (iii) one single hook and one gang-hook;

• (g) a gang-hook having more than three hooks; or

• (h) a lead sinker or lead jig that weighs less than 50 g.

17.1 No person shall, while fishing for any species of fish in the waters of Riding Mountain or Point Pelee National Park of Canada, use a hook from which the barbs have not been removed unless the barbs have been pinched to the shaft of the hook.

• 17.2 (1) Subject to subsection (2), no person shall, while fishing in any waters in Kluane National Park of Canada or in Kluane National Park Reserve of Canada, use a hook from which the barbs have not been removed unless the barbs have been pinched to the shaft of the hook.

• (2) No person shall, while fishing in the waters of the Kathleen River that are located in the area of land referred to in subsection (1), use a hook unless it is a single hook and

  • (a) the barbs have been removed from it; or

  • (b) the barbs have been pinched to the shaft of the hook.

17.3 No person shall, while fishing in the waters of Kejimkujik National Park of Canada set out in column II of paragraph 2(e) of Schedule V for any species of fish set out in column I of that paragraph, use

• (a) any method other than angling with an artificial fly; and

• (b) a hook from which the barbs have not been removed, unless the barbs have been pinched to the shaft of the hook.

17.4 No person shall, while fishing in park waters for any species of fish, be in possession of any lead sinker or lead jig that weighs less than 50 g.

18 No person shall, when angling, leave a fishing line unattended.

• 19 (1) Subject to subsection (4), no person shall have in possession, within 100 metres of park waters, a net capable of being used for fishing unless the person

  • (a) is the holder of a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement;

  • (b) keeps the net inside a motor vehicle;

  • (c) [Repealed, SOR/94-314, s. 8]

  • (d) is in possession of the net in Point Pelee National Park of Canada for purposes of fishing in waters outside the park.

• (2) No person shall use or have in his possession in a park a gaff-hook or tailer.

• (3) Subsection (2) does not apply in respect of Riding Mountain National Park of Canada.

• (4) Nothing in these Regulations prohibits the use of a landing net or a dip net to land a fish caught by angling.

20 No person shall fish in

• (a) any park waters set out in Schedule IV or, where applicable, during the time set out in that schedule;

• (b) any park waters used for propagating, protecting, conserving or displaying fish; or

• (c) any part of park waters designated by a superintendent for public swimming or as a marina.

• 20.1 (1) Despite column I of item 42.2 of Schedule II, no person shall fish for soft-shell clams in any waters of Kouchibouguac National Park of Canada except where waters are marked for that purpose and in the manner set out in a notice posted by the superintendent or, where no such notice is posted, in the manner set out in the soft-shell clam permit.

• (2) The superintendent shall, in determining the manner in which a person may fish for soft-shell clams, take into account the park’s natural and cultural resources and the preservation, control and management of the park.

• 21 (1) No person shall fish for any species of fish set out in Column I of an item of Schedule V in any park waters set out in Column II of that item by any method except angling with an artificial fly.

• (2) No person shall fish for salmon in any parks waters set out in Schedule VI.

• 22 (1) No person shall fish in park waters, other than in the waters of those parks referred to in subsection (2), during the period from two hours after sunset on any day until one hour before sunrise on the day immediately following.

• (2) No person shall fish in the waters of Cape Breton Highlands, Fundy, Georgian Bay Islands, Gros Morne, Kejimkujik, Kouchibouguac, La Mauricie, Point Pelee, Prince Edward Island or Terra Nova National Park of Canada during the period starting one hour after sunset on any day and ending one hour before sunrise on the next day.

23 No person shall fish for or have in his possession in a park any salmon fry, parr, smolt or spent salmon, also known as slink, black or kelt salmon.

• 24 (1) No person shall use for bait or have in his possession in a park live fish eggs or live minnows.

• (2) No person shall use or have in possession for use as bait live or dead fish or any parts thereof

  • (a) in Jasper, Banff, Waterton Lakes, Yoho, Kootenay, Glacier, Mount Revelstoke, Prince Albert, Riding Mountain, Wood Buffalo or La Mauricie National Park of Canada;

  • (b) in Kluane National Park of Canada or in Kluane National Park Reserve of Canada; or

  • (c) in Nahanni National Park Reserve of Canada.

• (3) No person shall use for bait, or be in possession of, dead fish eggs in La Mauricie, Wood Buffalo, Prince Albert or Riding Mountain National Park of Canada.

• (4) No person shall use any natural bait or any chemical attractant in any park waters set out in an item of Schedule VII.

24.1 No person shall fish for soft-shell clams within Kejimkujik or Kouchibouguac National Park of Canada, except through the use of their hands or hand tools.

25 Unless authorized by a superintendent, no person shall place in park waters or transfer between bodies of park waters live fish eggs or live fish.

• 26 (1) Subject to subsection (2), no person shall put any meat, bones, dead fish or offal, grain, dry feed or other food for fish in park waters.

• (2) A superintendent may designate park waters where offal from fish caught in those park waters is permitted to be put.

27 No person hired or employed in a park as a boatman or fishing guide shall fish in park waters while carrying out the duties for which that person was hired or employed.

• 28 (1) Subject to subsection (2), no person shall, when fishing, swimming or diving in park waters, have in his possession a spear, spear-gun or any underwater equipment that may be used for fishing.

• (2) A person diving in park waters may have in his possession underwater equipment that facilitates diving.

29 Unless authorized by a superintendent, no person shall obstruct or alter any park waters in such manner as to prevent, obstruct or redirect the free passage of fish.

• 29.1 (1) For the purposes of this section, a fish-counting fence means a structure placed in park waters by a superintendent for the purpose of capturing fish or controlling the movement of fish in those waters.

• (2) No person shall disturb or tamper with a fish-counting fence.

• (3) No person shall fish within 100 metres of a fish-counting fence.

30 Unless authorized by a superintendent, no person shall sell, offer for sale, trade or barter any fish caught in park waters.

31 No person who has caught, in park waters, a fish suitable for human consumption shall allow that fish to spoil or otherwise be wasted.

31.1 No person shall harass, disturb or chase, or attempt to harass, disturb or chase fish in park waters by throwing stones or by any means other than fishing.

32 [Repealed, SOR/99-352, s. 15]

33 These Regulations do not apply to a person authorized by a superintendent carry out functions related to fisheries management, investigation or research in a park while the person is engaged in carrying out such functions.

33.1 Notwithstanding section 15 and subsection 28(1), but subject to section 9, in Kouchibouguac National Park of Canada, a person may fish for American eel by means of a spear held in the hand.

• 34 (1) Every person who engages in ice fishing in park waters shall keep any fish, offal, refuse and deleterious substances in containers suitable for their temporary storage and shall remove the containers at the end of each day of fishing from any area in which the person has been fishing.

• (2) Where, in any park waters, ice conditions are unsafe for ice-fishing, a superintendent may, by notice in writing, prohibit ice-fishing in any such waters.

• (3) Every notice issued pursuant to subsection (2) shall contain a description of the park waters in respect of which the notice is issued and shall be posted by the superintendent in a conspicuous place in the park.

• (4) Where a notice is issued pursuant to subsection (2), no person shall ice-fish in any park waters described in that notice.

• (5) No person shall engage in ice fishing in any flowing waters in Banff National Park of Canada.

• (6) No person shall engage in ice fishing in any waters in Cape Breton Highlands National Park of Canada unless otherwise indicated by a notice posted by the superintendent in accordance with section 35.

• 35 (1) Notwithstanding sections 3 and 10 and Schedule II, a superintendent may, by notice in writing, during an open season close any park waters to fishing or restrict the extent of fishing in such waters where it is necessary to do so for the protection, conservation and management of fish in those waters.

• (2) Every notice issued pursuant to subsection (1) shall contain a description of park waters in respect of which the notice is issued and shall be posted by the superintendent in conspicuous places in the park.

• (3) Where a notice is issued pursuant to subsection (1), no person shall

  • (a) fish in any park waters described in that notice, where the notice closes those park waters to fishing; and

  • (b) exceed the extent of fishing set out in the notice, where the notice restricts the extent of fishing in any park waters.

36 Every person shall, when fishing in park waters or when in possession of fishing equipment or bait or any fish in a park, on request by a superintendent or park warden, produce the fishing equipment or bait or the fish for examination.

37 Every person who fishes in Banff, Waterton Lakes, Yoho, Kootenay, Glacier, Jasper or Mount Revelstoke National Park of Canada shall, in the manner set out in a notice posted by the superintendent at a park wardens’ office, a park information booth or any park entrance,

• (a) register the person’s catch of fish;

• (b) maintain a record of the person’s catch of fish; and

• (c) submit that record to a park warden.

SCHEDULE II(Sections 3, 9, 20.1 and 35)

Column I		Column II	Column III
Park Waters		Species of Fish	Open Season
The following waters in Banff National Park of Canada
1	Bow River, from Bow Lake Outlet to east Park boundary	All	April 1 to March 31
1.1	All the tributaries of the Bow River, except the Cascade River and its tributaries and associated lakes above Lake Minnewanka	All	July 1 to August 31
2	Lake Minnewanka, Ghost Lakes, Two Jack Lake, Johnson Lake and Johnson Creek beaver ponds, the Three Vermilion Lakes and connecting streams and beaver ponds, Copper Lake, Kingfisher Lake and Pilot Lake	All	Victoria Day to Labour Day
3	All other waters except as specified in Schedule IV	All	July 1 to October 31
The following waters in Jasper National Park of Canada
4	Sunwapta River, Athabaska River (upstream of Athabaska Falls)	All	April 1 to March 31
5	Athabaska River (upstream of 12 Mile Bridge on Hwy 16 East to Athabaska Falls), Fiddle River, Maligne River (below Maligne Canyon), Miette River, Rocky River, Snake Indian River, Snaring River	All	April 1 to Labour Day and November 1 to March 31
6	Athabaska River (downstream of 12 Mile Bridge on Hwy 16 East to east park boundary, including all side channels, Pocahontas Ponds and other connected wetlands)	All	June 1 to Labour Day and November 1 to March 31
7	Annette Lake, Beaver Lake, Dragon Lake, Long Lake, Lorraine Lake, Moab Lake, Mona Lake, No Name Lake (Hwy 93 south Km 48), Pyramid Lake, Lakes Three, Four and Five in the Valley of the Five	All	Victoria Day to Labour Day
7.1	Maligne Lake, Talbot Lake, Edna Lake	All	Victoria Day to September 30
7.2	Maligne River, from a point 420 m downstream from the Maligne Lake Outlet bridge to Medicine Lake including that part of Medicine Lake within a 180 m radius of a point in the middle of the Maligne River where it enters Medicine Lake	All	August 1 to October 1
7.3	All other rivers and streams except as specified in Schedule IV	All	July 1 to Labour Day
7.4	All other lakes except as specified in Schedule IV	All	July 1 to October 31
The following waters in Waterton Lakes National Park of Canada
8	The Dardanelles, Knights Lake, Waterton River, Maskinonge Lake	All	April 1 to March 31
9	Waterton Lakes, Cameron Lake and Creek, Crandell Lake, Akamina Lake	All	Victoria Day to Labour Day
10	All other waters except as specified in Schedule IV	All	July 1 to October 31
10.1	Blakiston (Bauerman) Creek and all its tributaries	All	July 1 to August 31
The following waters in Kootenay National Park of Canada
11	Kootenay River and Vermilion River	All	June 15 to October 31
12	Cobb Lake and Olive Lake	All	May 20 to September 4
12.1	Dog Lake and Kaufman Lake	All	July 1 to September 4
13	All other waters	All	July 1 to October 31
The following waters in Yoho National Park of Canada
14	Kicking Horse River downstream from the confluence of the Kicking Horse River and the Yoho River to the West Park boundary	All	April 1 to March 31
15	McArthur Lake, Ottertail Lake, Sink Lake, Summit Lake and Wapta Lake	All	Victoria Day to Labour Day
15.1	The north bay of Lake O’Hara and Cataract Brook for 1.6 km downstream from Lake O’Hara	All	July 15 to October 31
16	All other waters	All	July 1 to October 31
The following waters in Mount Revelstoke and Glacier National Parks of Canada
17	All waters except as specified in Schedule IV	All	July 1 to October 31
The following waters in Wood Buffalo National Park of Canada
18	All waters	All	Victoria Day to October 15
The following waters in Prince Albert National Park of Canada
19	Waskesiu Lake	All	Victoria Day to March 31
20	Wassegam Lake and Kingsmere Lake	All	Victoria Day to Labour Day
20.1	Crean Lake	All except Lake Trout	Victoria Day to Labour Day
21	All other waters except as specified in Schedule IV	All	Victoria Day to September 30
The following waters in Riding Mountain National Park of Canada
22	Clear Lake and Lake Audy	All	May 15 to March 31
23	All other waters except as specified in Schedule IV	All	May 15 to September 30
The following waters in Georgian Bay Islands National Park of Canada
24	All waters	All	July 1 to September 30
25	[Repealed, SOR/96-245, s. 24]
The following waters in Terra Nova National Park of Canada
26	Dunphy’s Pond (also known as Duncan’s Pond)	Trout (other than ice fishing)	Victoria Day to the third Sunday of August
		Trout (ice fishing)	Third Saturday of February to the fourth Sunday of March
26.1	North West River	All	Fourth Saturday of June to the third Sunday of August
27	All other waters, except as specified in Schedule IV or Schedule VI	All	Victoria Day to the third Sunday of August
The following waters in Fundy National Park of Canada
28. and 28.1 [Repealed, SOR/96-245, s. 26]
29	All waters except as specified in Schedule IV or Schedule VI	All	Victoria Day to September 15
The following waters in Prince Edward Island National Park of Canada
30	All waters	All	April 15 to September 30
The following waters in Cape Breton Highlands National Park of Canada
30.1	All waters	Brook, speckled or sea trout	October 1 to August 31
31	Chéticamp River from the park boundary at the Gulf of St. Lawrence to the lower end of the Terre Rouge pool	All except Salmon	April 15 to September 30
		Salmon	Victoria Day to September 30
31.1	Chéticamp River and tributaries from the lower end of the Terre Rouge Pool upstream to, and including, the Fence Pool	All except salmon	Victoria Day to September 30
		Salmon	Victoria Day to October 31
32	Chéticamp River and tributaries upstream from the Fence Pool	All	Victoria Day to September 30
32.1	Freshwater Lake	All	April 15 to September 30 and January 15 to March 1
32.2	North Aspy River	All except salmon	Victoria Day to September 30
		Salmon	August 15 to September 30
32.3	Clyburn Brook from the park boundary at the Cabot Strait to the lower end of the A Frame Pool	All except salmon	April 15 to September 30
		Salmon	August 15 to October 31
32.4	Clyburn Brook and tributaries upstream from the lower end of the A Frame Pool	All except salmon	Victoria Day to September 30
		Salmon	August 15 to October 31
33	All other waters except as specified in Schedule IV or Schedule VI	All except salmon	April 15 to September 30
		Salmon	Victoria Day to September 30
The following waters in Kejimkujik National Park of Canada
34	All waters except as specified in Schedule IV	All	April 1 to August 31
The following waters in Kluane National Park of Canada and Kluane National Park Reserve of Canada
35	All waters except as specified in Schedule IV	All	All seasons
The following waters in Auyuittuq National Park of Canada
36	All waters	All	All seasons
The following waters in Nahanni National Park Reserve of Canada
37	All waters	All	All seasons
The following waters in La Mauricie National Park of Canada
38	All waters except as specified in Schedule IV	Bass	June 24 to Labour Day
38.1	All waters except as specified in Schedule IV	Other species	Last Saturday in May to Labour Day
The following waters in Point Pelee National Park of Canada
39	[Repealed, SOR/98-268, s. 12]
40	All waters except as specified in Schedule IV	All	Second Saturday of May to the second Sunday of September
The following waters in Kouchibouguac National Park of Canada
41	All waters	Trout	April 15 to September 15
42	All waters	American eel (with the use of a spear)	December 1 to August 31
		American eel (with the use of angling equipment)	April 15 to September 15
42.1	All waters	Striped bass	July 1 to October 31
42.2	All waters	Soft-shell clam	May 15 to September 15
43	All waters	Other species	April 15 to November 30
The following waters in Ivvavik National Park of Canada
44	All waters	All	April 1 to March 31
The following waters in Quttinirpaaq National Park of Canada
45	All waters	All	All seasons
The following waters in Tuktut Nogait National Park of Canada
46	All waters except as specified in Schedule IV	All	April 1 to March 31
The following waters in Aulavik National Park of Canada
47	All waters	All	April 1 to March 31
The following waters in Gros Morne National Park of Canada
48	Trout River, Lomond River, East Lomond River (including any body of water connected to that River that is within 90 metres of the River’s entrance to, or outlet from, the park, and any other body of water connected to the River through which salmon travel), Deer Arm Brook	Salmon	June 15 to September 7
49	All other waters except as specified in Schedule IV.	All other species	February 1 to April 15 and May 15 to September 7

• SOR/78-562, ss. 1 to 3
• SOR/79-333, s. 2
• SOR/80-51, s. 10
• SOR/80-403, s. 1
• SOR/81-689, s. 4
• SOR/82-523, s. 1
• SOR/83-280, s. 3
• SOR/86-378, s. 17
• SOR/90-4, ss. 18 to 24
• SOR/91-402, ss. 3 to 6
• SOR/93-33, ss. 15(F), 16 and 17
• SOR/94-314, ss. 11, 12, 19
• SOR/96-245, ss. 20 to 29
• SOR/98-268, ss. 7 to 12
• SOR/99-352, ss. 19 to 22
• SOR/2003-54, ss. 27 to 44, 67, 68, 70 to 79
• SOR/2005-206, s. 5