Newfoundland and Labrador Fishery Regulations (SOR/78-443)

61 A fishery officer may direct that any fishing gear set in a berth be removed from that berth upon the issue of a berth licence therefor, to permit the holder of that berth licence to set a cod trap, salmon trap or salmon net in that berth.

• 62 (1) Where the holder of a berth licence who has set a cod trap, salmon trap or salmon net in the berth for which the licence has been issued removes that trap or net from that berth and fails to reset that trap or net within four consecutive days, unless prevented by conditions beyond his control, the berth licence shall be cancelled.

• (2) Where a berth licence is cancelled under subsection (1), the holder of the licence shall at the request of a fishery officer forthwith surrender the licence.

63 No person shall reserve for future use for himself or for any other person an unlicensed berth that is customarily used to fish for cod by means of a cod trap, other than by setting a cod trap in that berth.

63.1 A fishery officer may direct that any fishing gear set in a berth contrary to these Regulations be removed forthwith.

63.2 No person shall fail to remove forthwith any fishing gear from a berth when directed to do so by a fishery officer.

PART IISalmon, Char and Trout Fishing (Coastal Waters of Labrador)

64 In this Part,

food fishing

food fishing[Repealed, SOR/2018-110, s. 3]

native

native means any Inuit or Indian; (autochtone)

Northern Labrador

Northern Labrador means that portion of the Labrador coast north of Cape Rouge in Byron Bay; (nord du Labrador)

Southern Labrador

Southern Labrador means that portion of the Labrador coast south of Cape Rouge in Byron Bay. (sud du Labrador)

Salmon, Char and Trout Fishing (Northern Labrador)

65 [Repealed, SOR/86-23, s. 9]

66 No person shall fish for char or trout in the coastal waters of Northern Labrador by any means other than a gill net or by angling.

• 67 (1) Subject to subsection (2), no person shall fish for char or trout in the coastal waters of Northern Labrador by means of gill nets unless he is the holder of a commercial char fishing licence or a char food fishing licence.

• (2) A person who holds a commercial salmon fishing licence issued under the Atlantic Fishery Regulations, 1985 to fish for salmon in the coastal waters of Northern Labrador may, during the open season for char and trout, fish under the authority of that licence for char and trout in the coastal waters of Northern Labrador from Cape Rouge to Davis Inlet.

• (3) The fees for each licence referred to in subsection (1) is five dollars.

• 68 (1) No person shall fish for char or trout by means of a gill net, the meshes of which are less than 127 mm extension measure, in the coastal waters of Northern Labrador from Cape Rouge to Davis Inlet.

• (2) No person shall fish for char or trout by means of a gill net, the meshes of which are less than 114 mm extension measure, in the coastal waters of Northern Labrador, north of Davis Inlet.

• 69 (1) No person shall, while fishing for char or trout in the coastal waters of Northern Labrador, use gill nets that in overall length exceed

  • (a) 92 m in one berth;

  • (b) 46 m while food fishing; or

  • (c) in any other case, 366 m.

• 70 (1) Subject to subsection (2), no person shall fish for char or trout by means of gill nets in the coastal waters of Northern Labrador during the period commencing on October 1 and ending on June 30.

• (2) A person, who is the holder of a commercial char fishing licence or a food fishing licence may food fish for char or trout by means of gill nets at any time in the coastal waters of Northern Labrador.

Trout and Char Fishing (Southern Labrador)

• 71 (1) Subject to subsection (2), no person other than a person who normally resides in Southern Labrador shall fish for, take, catch or kill or attempt to fish for, take, catch or kill trout or char in the coastal waters of Southern Labrador by any means otherwise than by angling.

• (2) Subject to subsection 73(1), a person who does not normally reside in Southern Labrador and who has participated in the commercial trout or char fishery in the coastal waters of Southern Labrador during the two preceding fishing seasons, may continue to fish for trout and char in those waters by any means other than by angling.

72 No person shall fish for, take, catch or kill or attempt to fish for, take, catch or kill trout or char in the coastal waters of Southern Labrador by any means otherwise than with gill nets or by angling.

• 73 (1) No person other than the holder of a commercial trout fishing licence or a trout food fishing licence shall fish for trout or char in the coastal waters of Southern Labrador by means of gill nets.

• (2) The fee for each licence referred to in subsection (1) is five dollars.

• 74 (1) No person shall, when fishing for trout or char in the coastal waters of Southern Labrador, use a gill net

  • (a) the meshes of which are less than 76 mm or more than 89 mm extension measure; and

  • (b) the hawk or hook of which exceeds 4 m in overall length.

• (2) No person shall, when fishing commercially for trout or char in the coastal waters of Southern Labrador, use

  • (a) more than 46 m of gill net in overall length in one berth; and

  • (b) more than 276 m of gill net in overall length at one time.

• (3) No person shall, when fishing for trout or char for food in the coastal waters of Southern Labrador, use more than 46 m of gill net in overall length at one time.

• 75 (1) Subject to subsection (2), no person shall fish for, take, catch or kill or attempt to fish for, take, catch or kill trout or char by means of gill nets in the waters of Southern Labrador during the period September 16 to May 14.

• (2) A native who resides in Southern Labrador and holds a commercial trout fishing licence or a trout food fishing licence may food fish for trout or char in the coastal waters of Southern Labrador by means of gill nets at any time.

• (3) [Repealed, SOR/79-281, s. 8]

General

76 No person shall, in any year, fish for trout by means of nets in the waters of the estuary of the Eagle River inside a straight line drawn across the estuary from Separation Point to Cooper’s Point unless

• (a) he holds a commercial trout fishing licence issued under these Regulations; and

• (b) he was licensed during the preceding year to fish for trout under these Regulations and had fished for trout by means of nets in those waters.

• 77 (1) Subject to subsection (2), in the waters of Labrador where the boundaries of inland waters have not been established and marked, no person shall fish by means of any net or trap net within one-quarter nautical mile seaward of the mouth of any river, creek or stream.

• (2) No person shall set any net or trap net in such a manner that, in the opinion of a fishery officer, unduly impedes the passage of fish into or out of any river, creek or stream in Labrador.

78 [Repealed, SOR/93-63, s. 8]

79 [Repealed, SOR/86-23, s. 12]

80 Where a person is fishing for char or trout with a gill net or trap net in the coastal waters of Labrador inshore of a point in any bay, inlet, river or sound where the bay, inlet, river or sound is less than six nautical miles in width, that person shall for the period from 18:00 h on Saturday to 18:00 h on the Sunday following

• (a) remove that gill net or the leader of that trap net from the water; or

• (b) raise that gill net or the leader of that trap net and tie it to its head or float rope in such a manner that it is incapable of catching char or trout.

PART IIIFishing in the Labrador Inuit Settlement Area

Interpretation

81 The following definitions apply in this Part.

Agreement

Agreement has the same meaning as in section 2 of the Labrador Inuit Land Claims Agreement Act. (Accord)

Inuit domestic fishing

Inuit domestic fishing means the exercise by a person of the right to harvest any species or stock of fish for food, social and ceremonial purposes in accordance with the Agreement. (pêche domestique des Inuit)

Labrador Inuit Settlement Area

Labrador Inuit Settlement Area has the same meaning as in section 1.1.1 of the Agreement. (région du règlement des Inuit du Labrador)

Application

• 82 (1) Despite section 3, only section 2 and this Part apply in respect of Inuit domestic fishing.

• (2) In the event of a conflict between this Part and the Atlantic Fishery Regulations, 1985 or the Marine Mammal Regulations, this Part prevails to the extent of the conflict.

Limitations

• 83 (1) A person who is carrying on Inuit domestic fishing shall not harvest or retain any species or stock of fish from the waters of the Labrador Inuit Settlement Area during the close time beginning on December 29 and ending on December 31.

• (2) A person who is food fishing or fishing for recreational purposes shall not harvest or retain any species or stock of fish from those waters during the close time beginning on December 29 and ending on December 31.

• (3) The close times established by subsections (1) and (2) are considered to be fixed separately and individually for each species or stock of fish.

• 84 (1) The Minister shall, having regard to conservation measures applicable to salmon in the Labrador Inuit Settlement Area, issue tags to be attached to salmon harvested in the course of carrying on Inuit domestic fishing in that Area.

• (2) Any person who retains a salmon referred to in subsection (1) shall immediately affix a tag by firmly fastening it to the salmon so that the tag cannot be removed without breaking the fastener, breaking or cutting the tag or cutting or tearing any part of the salmon.

• (3) A person shall not be in possession of a salmon referred to in subsection (1) unless it is tagged in accordance with subsection (2).