Commercial Fishing (continued)
14.2 (1) In this section, registration means,
(a) in reference to a vessel, registration under the Canada Shipping Act; and
(b) in reference to a vehicle, registration under the Ordinances of the Northwest Territories.
(2) Every person who applies for a certificate in respect of a vessel or vehicle shall state
(a) the name, the registration or serial number and the size of the vessel or vehicle;
(b) the name of the owner and operator of the vessel or vehicle; and
(c) information relating to all auxiliary vessels or vehicles to be used in conjunction with the vessel or vehicle.
- SOR/79-485, s. 2
14.3 [Revoked, SOR/93-59, s. 9]
15 (1) [Revoked, SOR/93-59, s. 10]
(2) Every net used in commercial fishing and every gang of nets so used shall be marked at each end
(a) during open water fishing, by a flag that is not less than 45 cm square supported by a buoy; and
(b) during winter fishing, by a stake the top of which is at least 1 m above the surface of the water or ice.
- SOR/79-485, s. 3
- SOR/81-468, s. 2
- SOR/93-59, s. 10
16 The web of a gill net used for commercial fishing shall not be hung on any portion of the cork line of the net at a ratio greater than 2 m of web to 1 m of cork line and no additional nets shall be hung on, added to or inserted in the web of the net to increase that ratio at any place in the net.
- SOR/81-468, s. 3
17 (1) No person shall fish for commercial purposes except in waters set out in Schedule V.
(2) No person shall fish for commercial purposes in waters set out in Schedule III.
18 (1) No person shall fish in any waters set out in Column I of an item of Schedule V for any species of fish set out in Column II of that item,
(a) unless the person uses a gill net having a mesh size not less than that set out in Column III of that item, where applicable; or
(b) during the closed season set out in Column IV of that item.
(2) For the purpose of subsection (1) or any licence condition, the mesh size of a net shall be determined by measuring the distance between the extreme angles of a single mesh inside and between the knots after the twine has been immersed in water for at least 30 minutes and extended until straight without stretching or straining the twine or slipping a knot.
(3) The measurement referred to in subsection (2) shall be made by means of a measuring device certified under the Weights and Measures Act.
- SOR/98-388, s. 1
19 (1) No person shall fish in the waters set out in column I of an item of Schedule V after the time specified in a notice issued by the Regional Director-General or a fishery officer stating that the quota set out in column V of that item has been or is about to be reached.
(2) A notice referred to in subsection (1) shall be brought to the attention of the persons affected or likely to be affected by it by one or more of the methods set out in subsection 7(1) of the Fishery (General) Regulations.
- SOR/78-369, s. 1
- SOR/81-119, s. 4
- SOR/93-59, s. 11
20 For the purpose of calculating the quotas for the water areas of Great Slave Lake, each annual quota shall commence on November 1st and end on October 31st next following.
21 No person shall set a net or running line in any waters at any time during the closed season for those waters.
Native and Domestic Fishing
22 (1) Notwithstanding subsections 5(1) and 7(1), an Indian, Inuk or person of mixed blood may fish without a licence by angling or by means of gill nets, set lines, spears, snares or dip nets, for food for himself, his family or his dogs.
(2) No person shall give any fish caught under the authority of subsection (1) to any person other than an Indian, Inuk or person of mixed blood.
(3) No person, other than an Indian, Inuk or person of mixed blood, shall accept or be in possession of any fish caught under the authority of subsection (1).
(4) [Revoked, SOR/93-59, s. 12]
- SOR/81-119, s. 5
- SOR/93-59, ss. 12, 17(F)
22.1 (1) Notwithstanding subsections 5(1) and 7(1), a beneficiary may fish for subsistence usage within the Inuvialuit Settlement Region without a licence.
(2) Notwithstanding subsection 5(4) and subject to section 12 of the Agreement, a beneficiary may sell to or trade or barter with
(a) other beneficiaries, fish or any portions thereof taken for subsistence usage within the Inuvialuit Settlement Region; and
(b) any other person, the non-edible by-products of fish taken from the Inuvialuit Settlement Region for personal use.
(3) No person other than a beneficiary shall possess any edible portions of fish taken for subsistence usage from the Inuvialuit Settlement Region.
- SOR/91-481, s. 2
23 A domestic fishing licence may be issued to a person who
(a) has resided in the Northwest Territories for at least two years;
(b) needs fish for food for himself or his family; or
(c) needs fish for food for his dogs.
- SOR/79-485, s. 4
- SOR/93-59, s. 13
24 [Revoked, SOR/93-59, s. 13]
25 Every person who is the holder of a domestic fishing licence shall, upon request by an officer, state the area or areas in which he fished and the species and number of kilograms of fish taken by him during the term of the licence.
- SOR/81-468, s. 4
26 An officer may mark for identification purposes any fish caught by any person in domestic fishing.
27 (1) Notwithstanding subsection 5(1) and subject to subsection (2), a person may engage in sport fishing without a sport fishing licence if the person is
(a) a Northwest Territories resident or a resident Canadian under the age of 16 years or 65 years of age or over; or
(b) a non-resident under the age of 16 years who is accompanied by a person who holds a sport fishing licence.
(2) No person shall engage in sport fishing
(a) in a special management area without
(i) a sport fishing licence, and
(ii) a special management area fishing licence which has been validated for that special management area; or
(b) in the Inuvialuit Settlement Region without a sport fishing licence which has been validated for the Inuvialuit Settlement Region.
- SOR/91-481, s. 3
28 (1) Subject to section 38, no person angling or spear-fishing in the waters set out in column II of an item of Schedule VI shall catch and retain in any one day more fish of a species set out in column I of that item than the number set out in column III of that item.
(2) [Revoked, SOR/93-59, s. 14]
(3) [Revoked, SOR/87-508, s. 2]
- SOR/79-485, s. 5
- SOR/81-119, s. 6
- SOR/87-508, s. 2
- SOR/91-428, s. 2
- SOR/93-59, s. 14
29 (1) Subject to section 38, no person shall have in their possession at any time more fish of a species set out in column I of Schedule VI taken from the waters set out in column II than the number set out in column IV.
(2) For the purposes of subsection (1) and subsection 28(1), where a fish has been filleted, two fillets shall be regarded as one fish.
(3) Subject to subsection 38(3), no person shall have in his possession any fish taken by sport fishing at any place other than his permanent residence or transport any such fish unless the fish are
(b) eviscerated; or
(c) filleted with the skin attached.
(4) For the purposes of paragraph (3)(c), fillets shall be separated before being frozen so that the number of fish can be readily determined.
(5) No person shall place, or permit to be placed, in a storage facility any fish taken by sport fishing unless such fish are identified by the name and the sport fishing licence number of the person who caught them.
- SOR/79-485, s. 6
- SOR/91-428, s. 3
- SOR/2003-137, s. 3
30 No person shall engage in sport fishing while employed as a guide by a person engaged in fishing.
31 (1) No person shall, in any year, sportfish in the Tree River after notice is given by a fishery officer that 700 arctic char have been taken from that river in that year.
(2) No person fishing in the waters of the Tree River shall take away or cause to be taken away from those waters more than two arctic char during any fishing trip.
(3) Subsections (1) and (2) do not apply to an Indian, Inuk or person of mixed blood.
(4) A notice referred to in subsection (1) shall be brought to the attention of the persons affected or likely to be affected by it by one or more of the methods set out in subsection 7(1) of the Fishery (General) Regulations.
- SOR/81-119, s. 7
- SOR/91-428, s. 4
- SOR/93-59, s. 15
32 (1) No person shall engage in spear fishing except while swimming and under authority of a sport fishing licence.
(2) [Repealed, SOR/2003-137, s. 4]
(3) All spears used in spear fishing shall be fastened to the spear gun or to the person operating the spear by a line of adequate strength to withstand without breaking any strain that is likely to be placed on the line while the gun is being operated.
(4) The shaft of every spear referred to in subsection (3) shall be fastened to the spear gun or the person using the spear by a line not exceeding 5 m in length.
(5) No person shall use, as a propellant in a spear gun, any explosive charge or any gas contained in a bottle or cartridge.
- SOR/81-468, s. 5
- SOR/2003-137, s. 4
33 No person shall use or be in possession of a gaff while sport fishing.
- SOR/78-369, s. 2
34 (1) Notwithstanding subsection 7(1) but subject to subsection (2), no person shall use a dip net having a hoop width greater than 1 m in fishing for cisco and suckers.
(2) Any fish of a species other than ciscos and suckers taken by means of a dip net shall be returned to the water immediately.
- SOR/79-485, s. 7
- SOR/81-468, s. 6
- SOR/93-59, s. 17(F)
35 No person shall, while sport fishing,
(a) fish in open water with more than a single line or rod and line;
(b) fish through the ice with more than two lines or two rods with lines attached;
(c) have more than two hooks attached to a line; or
(d) leave any line with hooks attached unattended.
36 No person shall engage in sport fishing in ice-covered water if he is more than 50 m from his line.
- SOR/81-468, s. 7
37 No person shall, when sport fishing, use any live fish for bait.
- SOR/79-485, s. 8
37.1 (1) No person engaged in angling shall use or possess a hook that is attached to the end of a fishing line if the hook is not a barbless hook.
(2) Subsection (1) does not apply to angling in Nunavut waters.
- SOR/2004-38, s. 2
- SOR/2005-108, s. 4
38 (1) No person shall have in his possession
(a) any arctic grayling that is less than 36 cm fork length, or
(b) more than one northern pike that is more than 90 cm fork length
taken from that portion of the Mackenzie River and tributary streams lying between 116° west longitude and 118° west longitude.
(2) No person shall
(a) possess more than one lake trout that is longer than 70 cm fork length taken from Stark Lake or Great Slave Lake, including all tributary streams from their mouths to 1 km upstream; or
(b) remove from the area referred to in paragraph (a) more than two lake trout.
(3) No person shall, on or adjacent to the waters described in subsection (1), have in his possession any Arctic grayling from which the head and tail have been removed unless the length of any such fish has been checked by a fishery officer before the head and tail were removed.
(4) No person shall
(a) possess more than two lake trout taken from the waters of the special management area described in item 1 of Schedule VIII; or
(b) remove from the area referred to in paragraph (a) more than one lake trout.
- SOR/79-485, s. 9
- SOR/81-468, s. 8
- SOR/91-481, s. 4
- SOR/2003-137, s. 5
39 [Revoked, SOR/93-59, s. 16]
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