Short Title

1 These Regulations may be cited as the Ontario Fishery Regulations, 1989.

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Fisheries Act; (Loi)

  angling

  angling means fishing with a line to which one or more hooks are attached and that is held in the hand or is attached to a rod that is held in the hand or closely attended; (pêche à la ligne)

  artificial fly

  artificial fly means a single or double hook dressed with silk, tinsel, wool, fur, feathers or other similar material or any combination thereof but does not include a fly that has either a weight to cause the fly to sink or a spinning device; (mouche artificielle)

  bait-fish

  bait-fish means any fish set out in Part I of Schedule II, excluding any species of fish set out in Part III of Schedule II and any species of fish listed in Parts 1 to 3 of Schedule 1 to the Species at Risk Act. (poisson-appât)

  barbless hook

  barbless hook means a hook that is manufactured without a barb or one from which the barb has been completely removed or compressed so as to be in complete contact with the shaft of the hook; (hameçon sans ardillon)

  coarse fish

  coarse fish means any fish set out in Part II of Schedule II, excluding any species of fish set out in Part III of Schedule II and any species of fish listed in Parts 1 to 3 of Schedule 1 to the Species at Risk Act; (poisson commun)

  Division

  Division means a Division of the waters of Ontario as enumerated and described in Schedule IV; (division)

  fork length

  fork length means the distance measured from the tip of the head of a fish with the jaws closed to the end of the central part of the caudal fin; (longueur à la fourche)

  length

  length means, with respect to

  • (a) sturgeon from which the head has been removed, the distance measured from the mid-lateral point of the anterior cut edge of the skin to a point where the posterior edge of the dorsal fin joins the flesh of the body,

  • (b) any sturgeon not referred to in paragraph (a), the distance measured from the most posterior limit of the gill opening to the point where the posterior edge of the dorsal fin joins the flesh of the body, and

  • (c) any fish other than sturgeon, the distance measured from the tip of the head with the jaws closed to the tip of the tail with the lobes compressed so as to give the maximum possible measurement; (longueur)

  licence

  licence[Repealed, SOR/2001-50, s. 1]

  pound net

  pound net means an impounding net in which the top of the net is not covered by netting; (parc en filet)

  provincial Act

  provincial Act means the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41; (Loi provinciale)

  provincial Minister

  provincial Minister means the Minister of Natural Resources for Ontario; (ministre provincial)

  snagger

  snagger means an instrument that is

  • (a) made of a rigid or semi-rigid material with one or more hooks attached in such a manner that each is immovable and inflexible, and

  • (b) designed for the purpose of hooking or piercing a fish in any part of the body other than the mouth; (croc)

  spear gun

  spear gun includes any device, other than a crossbow or long bow, that is capable of propelling a spear; (fusil à harpon)

  spring gaff

  spring gaff means a spring-operated device for impaling a fish; (gaffe à ressort)

  stringer

  stringer means a string or metal line with clips on which caught fish are strung. (chaîne ou corde à poissons)

• (2) A reference in these Regulations to a species or group of species of fish by its common name as set out in Column I of an item of Schedule I is deemed to be a reference to the species or group of species of fish whose scientific name is set out in Column II of that item.

• (3) A reference in these Regulations to a licence refers to a licence issued under the provincial Act or any document or thing deemed to be a licence by the regulations under the provincial Act.

• (3.1) A reference to a licence by its name in a provision of the French version of these Regulations is a reference to the licence in the English version of the provision.

• (4) Every licence is subject to the Act and these Regulations.

Application

• 3 (1) Subject to subsections (2) and (3), these Regulations apply in respect of fishing in the Province of Ontario and of the transporting of live fish taken from the waters of the Province of Ontario.

• (2) Subject to paragraph 4(1)(b), these Regulations do not apply in respect of

  • (a) the waters set out in a licence permitting aquaculture; or

  • (b) artificial waters

    • (i) that are not on a regional flood plain,

    • (ii) that lie wholly within the boundaries of privately owned land,

    • (iii) that have no connection or outflow to natural waters,

    • (iv) that contain water from surface run-off, natural springs, ground water or water pumped from a stream or lake,

    • (v) that are not composed of natural streams, and

    • (vi) into which fish supplied from either an aquaculture facility licensed under the provincial Act or a commercial fishing operation licensed under the provincial Act are released for non-commercial purposes.

• (3) These Regulations do not apply in respect of the waters of national parks situated in the Province of Ontario where the National Parks Fishing Regulations apply.

• (4) Except for this section and sections 2, 3.1 and 4, subsections 14(1.1) and (2) and sections 36.01 to 36.2, these Regulations do not apply with respect to fishing and related activities carried out under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations.

Periods of Time

3.1 Where a period of time is set out in these Regulations, the period

• (a) unless otherwise specified, begins at 00:00 h on the first day set out and ends at 24:00 h on the last day set out; and

• (b) begins and ends in each calendar year except that, where the period is stated to end on a day in a month that occurs earlier in a calendar year than the month in which the period begins, that period begins in one calendar year and ends in the next calendar year.

PART IGeneral

Licences

• 4 (1) Except as otherwise provided in the provincial Act, no person shall, without the appropriate licence,

  • (a) engage in angling or any other means of fishing;

  • (b) ship or transport or attempt to ship or transport live fish other than bait-fish; or

  • (c) deposit or attempt to deposit live fish taken from one body of water into another body of water.

• (2) Paragraph (1)(a) does not apply to a person who is fishing under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations.

Close Times Applicable to Fish Sanctuaries

5 No person shall engage in fishing in the waters set out in Column I of an item of Schedule V during the close time set out in Column II of that item.

Prohibited Fishing Methods and Devices

• 6 (1) Subject to subsection (2), no person shall engage in fishing by means of

  • (a) a hook used in such a manner as to pierce or hook a fish in any part of the body other than the mouth;

  • (b) a gaff;

  • (c) a snare; or

  • (d) a device prohibited by section 7.

• (2) A person may use a gaff to assist in landing any fish caught by lawful means.

• 7 (1) No person shall for the purpose of fishing have in the person’s possession a snagger, spear gun or spring gaff.

• (2) No person shall, for the purpose of fishing, possess a spear on any waters or within 30 m of the edge of any waters, except when spear fishing in accordance with these Regulations.

Use of Artificial Light

• 8 (1) Subject to subsections (2) and (3), no person shall use artificial light to attract fish for the purpose of fishing.

• (2) A person may use artificial light for the purpose of fishing for

  • (a) smelt; or

  • (b) lake whitefish or lake herring by means of a dip net.

• (3) A person may, when angling, use an artificial light that is part of a lure attached to a line.

Net Placement

9 Unless otherwise authorized by a licence, no person shall set or cause to be set any net, other than a dip-net or seine, in any watercourse or within 1 km of the mouth of any watercourse.

Prohibited Species

• 9.1 (1) Subject to subsection (1.1), no person shall possess live fish or viable eggs of a species set out in Part IV of Schedule II (in this section referred to as "invasive fish").

• (1.1) The provincial minister may, on request by a person, authorize that person to possess specified species and quantities of invasive fish if the person establishes that

  • (a) he or she is a qualified fisheries researcher working in a recognized research facility;

  • (b) he or she has, and will use, the equipment and controls necessary to protect against any release of invasive fish into Ontario waters; and

  • (c) the sole purpose of his or her possession of invasive fish is for scientific research on their potential impacts in Ontario waters, the mitigation of those impacts and the prevention or control of their spread.

• (2) No person shall possess dead ruffe other than when in transit to an Ontario Ministry of Natural Resources office from the place where the dead ruffe was taken.

Protection of Species at Risk

• 9.2 (1) Except as otherwise provided in these Regulations and in the Species at Risk Act, no person shall fish for or possess the species of fish set out in Parts 1 to 3 of Schedule 1 to the Species at Risk Act.

• (2) Unless specifically authorized by a licence, no person shall fish for or possess the species of fish set out in Part III of Schedule II.

Bait-Fish Fishing Quotas

• 10 (1) No person, other than the holder of a Commercial Bait Licence or any other licence that authorizes the culture of bait-fish, shall catch and retain in one day or possess

  • (a) more than 120 bait-fish; or

  • (b) [Repealed, SOR/99-456, s. 1]

  • (c) during the period beginning on the second Saturday in May and ending on March 15, more than 6 lake herring from the waters of Division 5.

• (2) No person shall fish for, or catch and retain, lake herring in the waters of Division 5 during the period beginning on March 16 and ending on the Friday preceding the second Saturday in May.

Prohibition on Bringing Live Bait into Ontario

10.1 No person shall bring into Ontario for use as bait any live fish, live crayfish or live salamanders.

10.2 No person shall bring live leeches into Ontario for use as bait.

Possession and Use of Bait

• 11 (1) No person shall possess or use for bait any live fish

  • (a) in any waters set out in Part I of Schedule VII;

  • (b) [Repealed, SOR/2005-406, s. 1]

  • (c) other than the species of bait-fish set out in items 2 to 9 of Part I of Schedule II, in any waters of Division 9, 10 or 29; or

  • (d) other than bait-fish, in any waters not referred to in paragraphs (a) and (c).

• (2) No person engaged in fishing shall use bait other than

  • (a) artificial lures in the waters set out in Part II of Schedule VII;

  • (b) artificial flies in the waters set out in Part III of Schedule VII; or

  • (c) artificial lures when angling through the ice in the waters of Division 34.

• (3) No person engaged in fishing shall use

  • (a) dead lake herring as bait in Division 9, 10 or 29;

  • (b) fish or fish parts as bait in Whitefish Bay of Lake of the Woods (Latitude 49°32′N., Longitude 94°10′W.), including Regina Bay (Latitude 49°24′N., Longitude 94°02′W.) Snake Bay (Latitude 49°22′N., Longitude 94°01′W.), Boot Bay (Latitude 49°17′N., Longitude 94°09′W.), Ghost Bay (Latitude 49°21′N., Longitude 94°14′W.), Brûlé Bay (Latitude 49°23′N., Longitude 94°14′W.), Knickerbocker Inlet (Latitude 49°23′N., Longitude 94°19′W.), Louis Inlet (Latitude 49°25′N., Longitude 94°16′W.), Cross Inlet (Latitude 49°28′N., Longitude 94°18′W.), Devils Bay (Latitude 49°14′N., Longitude 94°05′W.), Alfred Inlet (Latitude 49°13′N., Longitude 94°08′W.), Atikaminke Bay (Latitude 49°14′N., Longitude 94°02′W.), Camp Bay (Latitude 49°16′N., Longitude 94°02′W.), Cloverleaf Bay (Latitude 49°15′N., Longitude 94°08′W.), Log Bay (Latitude 49°26′N., Longitude 94°10′W.), Reedy Bay (Latitude 49°25′N., Longitude 94°05′W.), Willow Bay (Latitude 49°25′N., Longitude 94°04′W.), and Sammons Bay (Latitude 49°23′N., Longitude 93°59′W.); or Dryberry Lake (Latitude 49°32′N., Longitude 93°52′W.) including Northwest Bay (Latitude 49°36′N., Longitude 93°54′W.); Point Bay (Latitude 49°37′N., Longitude 93°43′W.); Point Lake (Latitude 49°37′N., Longitude 93°43′W.) in Division 22 from January 1 to the Friday preceding the third Saturday in May;

  • (c) dead fish or fish parts as bait in Clearwater Bay of Lake of the Woods (Latitude 49°42′N., Longitude 94°45′W.), Echo Bay of Lake of the Woods (Latitude 49°39′N., Longitude 94°50′W.) or Cul de Sac Lake (Latitude 49°38′N., Longitude 94°50′W.) in Division 22; or

  • (d) dead alewife or dead gizzard shad as bait in Big Rideau Lake, Charleston Lake or Redhorse Lake in Division 10.

• 12 (1) No person shall use or possess live bait-fish in Quetico Provincial Park.

• (2) No person shall use or possess live bait-fish or dead lake herring in Algonquin Provincial Park in Division 13.

12.1 No person shall use smelt as bait, or possess smelt for use as bait, in Division 22, 22A, 24, 30, 31 or 32.

12.2 No person shall use as bait or possess for use as bait any member of the genus Coregonus, including lake herring (cisco), any member of the genus Catostomus (suckers) or any member of the family Osmeridae (smelts) in Division 26.

Release of Fish

13 Subject to subsection 35(1), every person who catches a fish of a species

• (a) at a time or place at which fishing for that species is prohibited,

• (b) by a method or with fishing gear the use of which is prohibited in respect of that species, or

• (c) the possession or retention of which is prohibited,

shall return the fish forthwith to the waters in which it was caught and, where the fish is alive, release it in a manner that causes the least harm to that fish.

13.1 [Repealed, SOR/91-386, s. 1]

Variation of Close Times, Fishing Quotas and Limits

• 14 (1) Where a close time, fishing quota or limit on the size or weight of fish is fixed in respect of an area under these Regulations, the provincial Minister may, by order, vary that close time, fishing quota or limit in respect of that area or any portion of that area.

• (1.1) The provincial Minister may, by order, vary any close time fixed by the Aboriginal Communal Fishing Licences Regulations in respect of the non-tidal waters of Ontario.

• (2) Where a close time, fishing quota or limit is varied under subsection (1) or (1.1), the provincial Minister shall give notice of the variation to the persons affected or likely to be affected by the variation by one or more of the following methods:

  • (a) broadcasting the notice over a radio station that broadcasts in the area or in the vicinity of the area affected by the variation;

  • (b) publishing the notice in a newspaper that is circulated in the vicinity of the area affected by the variation;

  • (c) posting the notice in the area or in the vicinity of the area affected by the variation;

  • (d) having a fishery officer give written or oral notice thereof to those persons; and

  • (e) transmitting the notice via electronic means to those persons.

  • (f) [Repealed, SOR/91-386, s. 2]

PART IISport Fishing

Sport Fishing Gear

15 No person shall engage in sport fishing other than by angling or by means of a spear, dip-net, bait-fish trap, seine or bow and arrow.

Angling Restrictions

16 No person shall engage in angling within 25 m of a cage in which fish are held for culture or a pound net.

• 17 (1) Subject to subsections (2) to (5), no person shall engage in angling in open water with more than one line.

• (2) A person who is angling from a boat may use two lines in the waters of Lake Erie, except in Rondeau Bay and the Inner Bay of Long Point Bay.

• (3) A person who is angling from a boat may use two lines in the open waters of Lake Ontario in Division 8, excluding those waters known as the Bay of Quinte lying west of the Glenora Ferry to the western entrance of the Murray Canal and also excluding Presqu’île Bay, Wellers Bay, East Lake, West Lake, Frenchman’s Bay, Hamilton Harbour and all tributaries of Lake Ontario.

• (4) A person who is angling from a boat may use two lines in the waters of Division 35, excluding South Bay on Manitoulin Island east and northeast of a straight line extending due north from the tip of McGraw Point at 45°33′14.8″N., 82°0′48.2″W. across the mouth of the bay to a point on the northwest shore at 45°33′28″N., 82°0′48.2″W.

• (5) A person who is angling by trailing lures or baits behind a fishing vessel that is in constant forward motion created by muscle, motor or sail power may use two lines in the following waters:

  • (a) the waters of the St. Marys River west of 83°45′W. in Division 17; and

  • (b) the waters of Division 23, excluding

    • (i) the waters of Black Bay north of 48°37′N. (Bent Island),

    • (ii) the waters of Lake Superior, including Nipigon Bay, lying north of a line drawn northeasterly from the southernmost tip of Magnet Point (48°25′30″N., 88°33′30″W.) on Black Bay Peninsula to Schreiber Point (48°45′30″N., 87°16′W.), and

    • (iii) during the period from January 1 to December 31, the waters of that part of Michipicoten Bay east of a line drawn across the bay from Perkwakwia Point (47°56′36″N., 84°54′12″W.) to Smokey Point (47°53′06″N., 84°53′W.).

• 18 (1) Subject to subsections (2) and (3), no person shall engage in angling through the ice with more than two lines.

• (2) No person shall engage in angling through the ice with more than five lines at any time in the waters of Labyrinth Lake at approximate Latitude 48°14′N., Longitude 79°31′W. in the geographic Township of Ossian in the Territorial District of Timiskaming or in that portion of Waterhen Creek that is downstream of Access Road Bridge.

• (3) No person shall engage in angling through the ice with more than one line in the waters set out in the table to this subsection.

  	Column I
  Item	Waters
  1	Division 7
  	Dickey Lake (44°47′N., 77°44′W.) in the geographic Township of Lake, Grimsthorpe Lake (44°52′N., 77°24′W.) in the geographic Township of Grimsthorpe, and Thanet Lake (44°47′N., 77°46′W.) in the geographic Township of Lake, all in the County of Hastings.
  2	Division 15
  	(1) Sucker Lake (44°46′N., 78°16′W.) in the geographic Township of Anstruther, Crystal Lake (44°46′N., 78°29′W.) in the geographic Township of Galway, Salmon Lake (44°49′N., 78°27′W.) in the geographic Township of Cavendish, Long Lake (44°41′N., 78°10′W.) in the geographic Township of Burleigh, and Loucks Lake (44°41′N., 78°14′W.) in the geographic Township of Burleigh, all in the County of Peterborough.
  	(2) Cashel Lake (44°55′N., 77°33′W.) in the geographic Township of Cashel, Faraday Lake (45°04′N., 77°55′W.) in the geographic Township of Faraday, Limerick Lake (44°53′N., 77°37′W.) in the geographic Township of Limerick, Mephisto Lake (44°56′N., 77°35′W.) in the geographic Township of Cashel, Papineau Lake (45°21′N., 77°49′W.) in the geographic Townships of Bangor and Wicklow, Purdy Lake (45°21′N., 77°44′W.) in the geographic Township of Bangor, Limestone Lake (45°04′N.,77°34′W.) in the geographic Township of Mayo, Lake St. Peter (45°19′N., 78°02′W.) in the geographic Township of McClure, McKenzie Lake (45°22′N., 78°01′W.) in the geographic Township of McClure and in the geographic Township of Sabine in the Territorial District of Nipissing, and Wollaston Lake (44°51′N., 77°50′W.) in the geographic Township of Wollaston, all in the County of Hastings.
  	(3) Paudash Lake (44°58′N., 78°03′W.) and Silent Lake (44°55′N., 78°04′W.) in the geographic Township of Cardiff, Art Lake (45°03′N., 78°27′W.) in the geographic Township of Dysart, Bob Lake (44°55′N., 78°47′W.) in the geographic Township of Anson, Boshkung Lake (45°04′N., 78°44′W.), Kushog Lake (45°04′N., 78°47′W.) and Halls Lake (45°06′N., 78°45′W.) in the geographic Township of Stanhope, Eagle Lake (45°08′N., 78°29′W.) in the geographic Township of Guilford, Esson Lake (45°01′N., 78°16′W.) in the geographic Township of Monmouth, Grace Lake (45°04′N., 78°14′W.) in the geographic Townships of Harcourt and Dudley, Havelock Lake (45°17′N., 78°38′W.) and Johnson Lake (45°16′N., 78°37′W.) in the geographic Township of Havelock, Kashagawigamog Lake (44°59′N., 78°36′W.), Little Boshkung Lake (45°02′N., 78°44′W.), Mountain Lake (44°59′N., 78°43′W.), Soyers Lake (45°01′N., 78°37′W.) and Twelve Mile Lake (45°01′N., 78°43′W.) in the geographic Township of Minden, Marsden Lake (45°14′N., 78°31′W.) in the geographic Townships of Guilford and Havelock, Moose Lake (45°09′N., 78°28′W.) in the geographic Townships of Guilford and Harburn, Nunikani Lake (45°12′N., 78°44′W.) and Raven Lake (45°12′N., 78°51′W.) in the geographic Township of Sherborne, St. Nora Lake (45°09′N., 78°50′W.) in the geographic Townships of Sherborne and Stanhope, Bear Lake (45°20′N., 78°42′W.), Kimball Lake (45°21′N., 78°21′W.) and Livingstone Lake (45°22′N.,78°43′W.) in the geographic Township of Livingstone, Glamor Lake (44°57′N., 78°22′W.) and Koshlong Lake (44°58′N., 78°29′W.) in the geographic Township of Glamorgan, Gull Lake (44°51′N., 78°47′W.) and Moore Lake (44°47′N., 78°48′W.) in the geographic Township of Lutterworth, Clinto Lake (45°19′N., 78°52′W.) and Oxtongue Lake (45°22′N., 78°55′W.) in the geographic Township of McClintock and Kawagama Lake (45°18′N., 78°45′W.) in the geographic Townships of Sherborne, McClintock, Havelock and Livingstone, all in the County of Haliburton.
  	(4) Paugh Lake (45°35′N., 77°42′W.) in the geographic Township of Burns, Round Lake (45°38′N., 77°30′W.) in the geographic Township of Richards, Carson Lake (45°39′N., 77°45′W.) in the geographic Township of Jones, Wendigo Lake (46°08′N., 78°17′W.), Waterloo Lake (46°10′N., 78°11′W.) in the geographic Township of Clara, Carson Lake (45°30′N., 78°45′W.) in the geographic Townships of Burns and Sherwood, and Kamaniskeg Lake (45°25′N., 77°41′W.) in the geographic Townships of Sherwood, Bangor and Radcliffe, all in the County of Renfrew.
  	(5) Bella Lake (45°26′N., 79°02′W.) in the geographic Township of Sinclair, Camp Lake (45°26′N., 78°55′W.) in the geographic Township of Finlayson, and Skeleton Lake (45°15′N., 79°27′W.) in the geographic Townships of Cardwell, Stephenson, Stisted and Watt, all in the District Municipality of Muskoka.
  	(6) Aylen Lake (45°37′N., 77°51′W.) in the geographic Township of Dickens, Galeairy Lake (45°30′N., 78°17′W.), Lobster Lake (45°32′N., 78°12′W.), and Gliskning Lake (45°31′N., 78°13′W.) in the geographic Township of Airy, Lyell Lake (45°24′N., 77°57′W.) in the geographic Township of Lyell, Victoria Lake (45°37′N., 78°01′W.) in the geographic Townships of Murchison and Clancy, and McCauley Lake (45°33′N., 78°07′W.) in the geographic Townships of Airy and Murchison, all in the Territorial District of Nipissing.
  	(7) Clear Lake (45°16′N., 79°47′W.) and Whitefish Lake (45°18′N., 79°47′W.) in the geographic Township of Humphrey, Blackstone Lake (45°15′N., 79°52′W.) and Crane Lake (45°13′N., 79°57′W.) in the geographic Township of Conger, Horn Lake (known locally as Sollman Lake) (45°40′N., 79°30′W.) in the geographic Townships of Chapman and Ryerson, Three Legged Lake (45°16′N., 80°01′W.) in the geographic Townships of Foley and Cowper, Otter Lake (45°17′N., 79°58′W.) in the geographic Township of Foley, Flaxman Lake (45°20′N., 79°50′W.) in the geographic Township of Christie and Spider Lake (45°15′N., 80°04′W.) in the geographic Township of Cowper, all in the Territorial District of Parry Sound.
  	(8) Drag Lake (45°05′N., 78°24′W.) in the geographic Townships of Dudley and Dysart, in the County of Haliburton.
  3	Division 16
  	(1) The eastern portion of Parry Sound (known locally as Big Sound), being the waters of that part of the inner Big Sound of Georgian Bay, including Depot Harbour, Hay Bay and Parry Sound Harbour of eastern Georgian Bay, in the Territorial District of Parry Sound bounded on the west by a straight line drawn from Cadotte Point on the north shore of Parry Island to the most easterly extremity of Killbear Provincial Park; THENCE following the water′s edge along the northwesterly, easterly and southerly shores past the town of Parry Sound to the bridge at Rose Point; THENCE in a straight line northwesterly under the bridge to Parry Island; THENCE following the water′s edge to the place of beginning.
  	(2) Georgian Bay immediately to the west of Parry Sound (known locally as Big Sound), being the waters of that part of eastern Georgian Bay in the Territorial District of Parry Sound, to the west of Parry Sound (Big Sound), and lying within lines described as follows: BEGINNING at Cyril Point; THENCE in a straight line southwesterly to the southernmost point of Spruce Island; THENCE southwesterly to the lighthouse located immediately north of the Nias Islands; THENCE southerly to the northernmost point of the westernmost island of the Nias Islands; THENCE southeasterly to the southernmost point of Rose Island; THENCE southwesterly to Liddon Point on Parry Island; THENCE southerly along the water′s edge of the western shore of Parry Island to Oak Point; THENCE in a straight line northwesterly to the lighthouse on Jones Island; THENCE in a straight line northwesterly to the lighthouse on Gordon Rocks; THENCE in a straight line northwesterly to the most northerly point of Snake Island; THENCE northeasterly, in a straight line to the lighthouse on Snug Island; THENCE in a due west direction to shore; THENCE in a southerly and westerly direction along the water’s edge to the place of beginning.
  3.1	Division 22
  	Big Vermilion Lake (50º03′N., 92º15′W.) in the geographic Townships of Vermilion, Lomond, Drayton and Jordan, in the Municipality of Sioux Lookout.
  4	Division 29
  	(1) Lucky Lake (45°03′N., 77°01W.) in the geographic Township of Miller, Brule Lake (45°03′N., 77°03′W.) in the geographic Township of Miller, and Palmerston Lake (45°01′N., 76°51′W.) in the geographic Townships of Palmerston and South Canonto, all in the County of Frontenac, Buckshot Lake (45°00′N., 77°04′W.) in the geographic Townships of Miller and Abinger in the Counties of Frontenac and Lennox and Addington.
  	(2) Effingham Lake (45°00′N., 77°23′W.) and Rainy Lake (44°54′N., 77°20′W.) in the geographic Township of Effingham and Weslemkoon Lake (45°02′N., 77°25′W.), Barnard Lake (45°07′N., 77°28′W.), Crystal Lake (45°07′N., 77°28′W.) and Otter Lake (45°04′N., 77°23′W.) in the geographic Township of Ashby, all in the County of Lennox and Addington, and Mazinaw Lake (44°55′N., 77°12′W.) and Lower Mazinaw Lake (44°52′N., 77°10′W.) in the geographic Townships of Abinger and Barrie, in the Counties of Frontenac and Lennox and Addington.

19 No person who is angling through ice shall

• (a) be more than 60 m from any hole in the ice through which the person is angling; or

• (b) fail to maintain a clear and unobstructed view of any line with which the person is angling.

• 20 (1) Subject to subsections (3) to (6), no person shall engage in angling with a line to which more than four hooks are attached.

• (2) For the purpose of subsection (1), where an artificial lure is used, each double or treble hook attached to it is deemed to be one hook.

• (3) No person shall in Division 14

  • (a) possess for the purpose of fishing any hook other than a single-pointed barbless hook; or

  • (b) engage in angling with a line to which more than one single-pointed barbless hook is attached.

• (4) No person shall engage in angling in the waters set out in Column I of the table to this subsection during the period set out in Column II of that table

  • (a) with a line to which any hook other than a barbless hook is attached; or

  • (b) with a line to which more than one barbless hook is attached.

    	Column I	Column II
    Item	Waters	Period
    1	Division 4
    	(1) [Repealed, SOR/2005-26, s. 4]
    	(2) The waters of that part of Whiteman’s Creek (also known locally as Horner Creek) in the geographic Township of Brantford in the County of Brant lying between Robinson Road and Cleaver Sideroad	Jan. 1 to Dec. 31
    	(3) The waters of that part of the Grand River in the Township of West Garafraxa in the County of Wellington from the 2nd Line to Scotland Street in the Town of Fergus	Jan. 1 to Dec. 31
    	(4) The waters of that part of the Grand River in the Town of Fergus in the Township of Nichol in the County of Wellington between Tower Street and the Bissell Dam	Jan. 1 to Dec. 31
    	(5) The waters of that part of the Grand River in Pilkington Township in the County of Wellington between a line drawn perpendicular 100 m downstream from a bridge located on the southern boundary of the Elora Gorge Conservation Area and a line drawn perpendicular 100 m upstream from the 2nd Line of Pilkington Township	Jan. 1 to Dec. 31
    	(6) The waters of that part of the Grand River in Wellington County and the Regional Municipality of Waterloo (a) between 100 m downstream of Pilkington 8th Line Bridge, Pilkington Township, and 100 m upstream of the boundary of Pilkington and Woolwich Townships, and (b) between 100 m downstream of the boundary of Pilkington and Woolwich Townships, Woolwich Township, and 100 m upstream of the Highway 86 bridge.	January 1 to December 31
    	(7) The waters of that part of the Grand River between the former town of Paris (City of Brant County) and Brantford from a line across the Grand River in the former town of Paris at 100 m downstream of the Highway 2 bridge downstream to the pedestrian and service bridge that crosses the Grand River on an angle upstream (west) of the Brant Conservation Area, in the City of Brantford defined as Lot 21 (Centre) of the 3rd Concession of Brantford Geographic Township.	Jan. 1 to Dec. 31
    2	(1) Whitefish Bay of Lake of the Woods (49°32′N., 94°10′W.) including Regina Bay (49°24′N., 94°02′W.), Snake Bay (49°22′N., 94°01′W.), Boot Bay (49°17′N., 94°09′W.), Ghost Bay (49°21′N., 94°14′W.), Brûlé Bay (49°23′N., 94°14′W.), Knickerbocker Inlet (49°23′N., 94°19′W.), Louis Inlet (49°25′N., 94°16′W.), Cross Inlet (49°28′N., 94°18′W.), Devils Bay (49°14′N., 94°05′W.), Alfred Inlet (49°13′N., 94°08′W.), Atikaminike Bay (49°14′N., 94°03′W.), Camp Bay (49°16′N., 94°02′W.), Cloverleaf Bay (49°15′N., 94°08′W.), Log Bay (49°26′N., 94°10′W.), Reedy Bay (49°25′N., 94°05′W.), Willow Bay (49°25′N., 94°04′W.), and Sammons Bay (49°23′N., 94°59′W.)	Jan. 1 to the Friday preceding the third Saturday in May
    	(2) Dryberry Lake (49°32′N., 93°52′W.), Northwest Bay (49°36′N., 93°54′W.), Point Bay (49°37′N., 94°43′W.), Point Lake (49°37′N., 93°43′W.)	Jan. 1 to the Friday preceding the third Saturday in May
    	(3) [Repealed, SOR/2005-406, s. 2]
    3	That part of the Arrow River in Division 21	Jan. 1 to Dec. 31
    4	Three Finger Lake (48°43′N., 86°19′W.) in the geographic Township of Pic	Jan. 1 to Dec. 31
    5	Maskinonge, Hooch and Cloudlet Lakes	Jan. 1 to Dec. 31
    6	Division 34	January 1 to December 31
    7	Borealis Lake (49°01′N., 86°44′W.)	January 1 to December 31
    8	Wylie Lake (49°02′N., 86°45′W.)	January 1 to December 31
    9	Lake St. Joseph (51°05′N., 90°35′W.)	January 1 to December 31
    10	Red Lake (51º03'N., 93º49'W.), all waters upstream of the Chukuni River at the Highway 125 bridge	Jan. 1 to Dec. 31

• (5) No person shall engage in angling in the waters set out in Column I of the table to this subsection during the period set out in Column II of that table

  • (a) with a line to which any hook other than a barbless hook is attached; or

  • (b) for lake trout with a line to which more than one barbless hook is attached.

    		Column I	Column II
    Item		Waters	Period
    1	(1)	Clearwater Bay of Lake of the Woods (Latitude 49°42′N., Longitude 94°45′W.)	Jan. 1 to Dec. 31
    	(2)	Echo Bay of Lake of the Woods (Latitude 49°39′N., Longitude 94°50′W.)	Jan. 1 to Dec. 31
    	(3)	Cul de Sac Lake (Latitude 49°38′N., Longitude 94°50′W.)	Jan. 1 to Dec. 31
    2		[Repealed, SOR/97-248, s. 2]

• (6) No person shall engage in angling in the waters set out in the table to this subsection with a line to which any hook other than a single-pointed barbless hook is attached.

  Item	Waters
  1	Division 4
  	The waters of that part of the Credit River and its tributaries in the Regional Municipality of Peel, from the south side of the Old Baseline Road bridge in the Town of Caledon upstream to the south side of the Highway 9 bridge

Nets and Traps

• 21 (1) No person who engages in sport fishing by means of a dip-net, seine or bait-fish trap shall fish otherwise than in accordance with subsection (2), (3) or (4).

• (2) The holder of a licence set out in Column I of an item of the table to this subsection may engage in sport fishing for the species of fish set out in Column II of that item with a dip-net

  • (a) the dimensions of which do not exceed 183 cm by 183 cm where the dip-net is angular; or

  • (b) the diameter of which does not exceed 183 cm where the dip-net is circular.

    	Column I	Column II
    Item	Licence	Species of Fish
    1	Resident Sport Fishing Licence	Bait-fish, smelt, northern pike, coarse fish, carp and sucker
    2	Dip Net Licence to Take Fish for Personal Use	Lake herring, lake white fish and pink salmon
    3	Non-resident Sport Fishing Licence	Smelt, northern pike, coarse fish, carp carp and sucker

• (3) The holder of a Resident Sport Fishing Licence or a Non-Resident Sport Fishing Licence may engage in sport fishing for smelt with a seine the dimensions of which do not exceed 10 m by 2 m.

• (4) The holder of a Resident Sport Fishing Licence may take bait-fish by means of a bait-fish trap the length of which does not exceed 51 cm and the diameter of which does not exceed 31 cm.

22 No person shall engage in sport fishing by means of

• (a) more than one dip-net, bait-fish trap or seine net; or

• (b) a bait-fish trap that is not legibly marked with the name of the user thereof.

22.1 [Repealed, SOR/2005-26, s. 5]

Live Holding Methods

• 23 (1) Subject to subsection (2), no person engaged in sport fishing shall place or use in any waters any live holding box or impounding device that is not legibly marked with the name and address of the user thereof.

• (2) Subsection (1) does not apply in respect of a live holding box that forms part of or is attached to a boat.

23.01 No person shall use for retaining fish in Division 34,

• (a) stringers;

• (b) impounding devices; or

• (c) live holding boxes, unless the boxes form part of or are attached to the boat.

23.02 No person shall possess any live brook trout or lake trout taken by angling from the waters of Division 34.

Possession of Live Fish

23.1 No person shall possess any live fish, other than bait fish, taken by angling from the waters described in the table to this section.

Fishing Quotas

• 24 (1) Subject to subsections (2) to (5), no person other than a person engaged in commercial fishing shall catch and retain in any day or at any time possess

  • (a) more fish of a species set out in Column I of an item of Part I of Schedule III from the waters referred to in Column II of a subitem of that item than the fishing quota set out in Column III of that subitem;

  • (b) more fish of the combination of species set out in Column I of an item of Part II of Schedule III from the waters referred to in Column II of a subitem of that item than the aggregate fishing quota set out in Column III of that subitem; or

  • (c) more fish of a species set out in Column I of an item of the table to this subsection from the waters of all Divisions than the fishing quota set out in Column II of that item.

    	Column I	Column II
    Item	Species	Fishing Quota
    1	Atlantic salmon	1
    2	Aurora trout	1
    3	Brook trout	5
    4	Brown trout	5
    5	Lake trout	3
    6	Largemouth bass	6
    7	Muskellunge	1
    8	Northern pike	6
    9	Pacific salmon	5
    10	Rainbow trout	5
    11	Sauger	6
    12	Smallmouth bass	6
    13	Splake	5
    14	Sturgeon	1
    15	Walleye	6
    16	Lake whitefish	25

• (2) No person engaged in sport fishing shall catch and retain in one day more than

  • (a) [Repealed, SOR/2004-63, s. 5]

  • (b) a total of 50 yellow perch from any waters of Lake Couchiching (44°40′N., 79°22′W.) and the tributaries of Lake Simcoe in Division 4, Lake Simcoe in Division 5, the tributaries of Lake Simcoe in the County of Simcoe and the Regional Municipality of Durham in Division 6, or any waters of Division 28;

  • (c) a total of 25 yellow perch from any waters of Marshall, Ara and Meta Lakes in Division 20;

  • (d) one lake trout from each of Whitefish Bay of Lake of the Woods (Latitude 49°32′N., Longitude 94°10′W.), including Regina Bay (Latitude 49°24′N., Longitude 94°02′W.) Snake Bay (Latitude  49°22′N., Longitude 94°01′W.), Boot Bay (Latitude 49°17′N., Longitude 94°09′W.), Ghost Bay (Latitude 49°21′N., Longitude 94°14′W.), Brûlé Bay (Latitude 49°23′N., Longitude 94°14′W.), Knickerbocker Inlet (Latitude 49°23′N., Longitude 94°19′W.), Louis Inlet (Latitude 49°25′N., Longitude 94°16′W.), Cross Inlet (Latitude 49°28′N., Longitude  94°18′W.), Devils Bay (Latitude 49°14′N., Longitude 94°05′W.), Alfred Inlet (Latitude 49°13′N., Longitude 94°08′W.), Atikaminke Bay (Latitude 49°14′N., Longitude 94°02′W.), Camp Bay (Latitude 49°16′N., Longitude 94°02′W.), Cloverleaf Bay (Latitude 49°15′N., Longitude 94°08′W.), Log Bay (Latitude 49°26′N., Longitude 94°10′W.),  Reedy Bay (Latitude 49°25′N., Longitude 94°05′W.), Willow Bay (Latitude 49°25′N., Longitude 94°05′W.), and Sammons Bay (Latitude 49°23′N., Longitude 93°59′W.); Dryberry Lake (Latitude 49°32′N., Longitude 93°52′W.) including Northwest Bay (Latitude 49°36′N., Longitude 93°54′W.), Point Bay (Latitude 49°34′N., Longitude 93°43′W.),  Point Lake (Latitude 49°37′N., Longitude 93°43′W.); Eagle Lake (Latitude 49°42′N., Longitude 93°13′W.), and Otukamamoan Lake (Latitude 48°58′N., Longitude 92°51′W.) in Division 22 and Echoing Lake (Latitude 54°31′N., Longitude 92°15′W.) in Division 31;

  • (e) one lake trout from either Sun Lake (Latitude 49°25′N., Longitude 86°35′W.), Yucca Lake (Latitude 49°24′N., Longitude 86°38′W.), Little Pic Lake (Latitude 49°22′N., Longitude 86°38′W.) or Grehan Lake (Latitude 49°29′N., Longitude 86°37′W.) in Division 19 or Faircloth Lake (Latitude 51°09′N., Longitude 88°12′W.) or Merpaw Lake (Latitude 51°39′N., Longitude 88°58′W.) in Division 20;

  • (f) a total of 100 yellow perch from any waters in the geographic Townships of Lancaster and Charlottenburgh and the City of Cornwall in Division 9;

  • (g) 50 yellow perch from the waters of Whitefish Lake (48°13′N.,90°00′W.) in Division 21;

  • (h) 25 yellow perch from the waters of Lake Nipissing, Division 27;

  • (i) two walleye, two sauger, two northern pike and 25 yellow perch from the waters of Division 16, excluding the waters of the Key River and connecting waters including the waters of the Little Key River and the waters of Key Harbour from the green marker buoy (DK13) located in Key Harbour to the bottom of the first series of rapids east of Portage Lake on the Upper Key River;

  • (j) two walleye, two sauger, two northern pike and 25 yellow perch from the waters of Division 17, excluding the waters of the St. Marys River west of 83°45′W. and Lake Wolsey in the Territorial District of Manitoulin;

  • (k) 50 yellow perch from the waters of the St. Marys River west of 83°45′W; or

  • (l) 25 yellow perch from the waters of Lake Wolsey in the Territorial District of Manitoulin.

• (3) Subject to subsections (4) and (5), no person engaged in sport fishing under the authority of a Conservation Licence shall catch and retain in any day or at any time possess

  • (a) more fish of a species set out in column I of an item of Part III of Schedule III from the waters referred to in column II of that item or a subitem of that item, as the case may be, than the fishing quota set out in column III of that item or subitem, as the case may be; or

  • (b) more fish of the combination of species set out in column I of an item of Part IV of Schedule III from the waters referred to in column II of that item or a subitem of that item, as the case may be, than the aggregate fishing quota set out in column III of that item or subitem, as the case may be.

• (4) No person engaged in sport fishing under the authority of a Conservation Licence shall catch and retain in one day more than

  • (a) a total of 25 yellow perch from any waters of Lake Couchiching (44°40′N.,79°22′W.) and the tributaries of Lake Simcoe in Division 4, Lake Simcoe in Division 5, and the tributaries of Lake Simcoe in the County of Simcoe and the Regional Municipality of Durham in Division 6;

  • (b) a total of 50 yellow perch from any waters in the geographic Townships of Lancaster and Charlottenburgh and the City of Cornwall in Division 9;

  • (c) 25 yellow perch from the waters of Lake Nipissing, Division 27;

  • (d) one walleye, one sauger, one northern pike and 12 yellow perch from the waters of Division 16, excluding the waters of the Key River and connecting waters including the waters of the Little Key River and the waters of Key Harbour from the green marker buoy (DK13) located in Key Harbour to the bottom of the first series of rapids east of Portage Lake on the Upper Key River;

  • (e) one walleye, one sauger, one northern pike and 12 yellow perch from the waters of Division 17, excluding the waters of the St. Marys River west of 83°45′W. and Lake Wolsey in the Territorial District of Manitoulin; or

  • (f) 12 yellow perch from the waters of Lake Wolsey in the Territorial District of Manitoulin.

• (5) No person who is a non-resident of Canada and who is engaged in sport fishing under the authority of a Non-resident Sport Fishing Licence or a Conservation Licence shall catch and retain in one day more than

  • (a) one lake trout from any of the waters described in items 1 and 2 of the table to this subsection; and

  • (b) two sauger or walleye in the aggregate where

    • (i) both sauger or walleye are from any of the waters described in items 2 and 3 of the table to this subsection, or

    • (ii) one sauger or walleye is from any of the waters described in item 1 of the table to this subsection and the other sauger or walleye is from any of the waters described in items 2 and 3 of that table.

      Item	Waters
      1	The waters of Rainy Lake and the Seine River system including Little Grassy Lake, Grassy Lake, Shoal Lake, Wild Potato Lake and Partridge Crop Lake lying downstream from the Crilly Dam which is situated immediately north of Highway No. 11, and the Rainy River upstream from the Fort Frances Dam to Rainy Lake.
      2	The waters of the Territorial District of Rainy River, excluding those waters set out in item 1, together with that portion of the Territorial District of Kenora described as follows:
      	Commencing at the intersection of the territorial districts of Rainy River, Kenora and Thunder Bay;
      	Thence north 19.500 kilometres, more or less, along the boundary between the territorial districts of Kenora and Thunder Bay to the southeast corner of the Geographic Township of Corman;
      	Thence astronomically west 115.900 kilometres, more or less, to a point distant 20.117 kilometres measured westerly from the 5th meridian line;
      	Thence astronomically north to the intersection with a line drawn east/west through a point distant 9.656 kilometres measured south astronomically from the 18th mile post on the base line run by A. Niven, Ontario Land Surveyor, in 1893;
      	Thence astronomically west from said point 49.624 kilometres;
      	Thence astronomically south 9.656 kilometres, more or less, to the intersection with the 4th baseline;
      	Thence astronomically west along the 4th baseline 16.093 kilometres, more or less, to the 24th mile post;
      	Thence southwesterly in a straight line 22.531 kilometres, more or less, to the water’s edge at the most northeasterly extremity of Kakagi Lake;
      	Thence in a general southerly, westerly, southerly, easterly, southerly and westerly direction following the water’s edge along the southerly shore of Kakagi Lake to the intersection with the east boundary of the Geographic Township of Godson;
      	Thence south astronomically along that boundary a distance of 8.530 kilometres, more or less, to the southeast corner of the Geographic Township of Godson;
      	Thence easterly, southerly, and easterly along the boundary between the territorial districts of Kenora and Rainy River to the point of commencement, together with that part of the Territorial District of Kenora composed of those parts of Rowan Lake, Katimiagamak Lake, Dibble Lake, White Otter Lake, Nora Lake, Kenoshay Lake, Pine Lake, Elsie Lake, Guliver Lake, Cloven Lake, Campus Lake, Fish Lake, Adele Lake, Portage Lake, Pyramid Lake, Mack Lake, Saganagons Lake, Amit Lake, Moose Bay, Lower Scotch Lake, Unnamed Lakes (49°12′N., 91°37′W.), (49°12′N., 91°56′W.), (49°12′N., 91°58′W.) and (48°22′N., 90°58′W.) not included in the preceding description.
      3	Lake of the Woods, including all waters on the Aulneau Peninsula and Western Peninsula, Obabikon Lake and Cul de Sac Lake in the Territorial Districts of Kenora and Rainy River.

• (6) For the purpose of subsections (5) and (8), a person is considered a non-resident of Canada

  • (a) if they do not ordinarily reside in Canada; or

  • (b) if they do ordinarily reside in Canada, but have not resided there for a period of at least 6 months during the 12 months immediately preceding the day referred to in that subsection.

• (7) For the purposes of subsections (1) to (5), fish caught and retained by, or in the posession of, a person under 18 years of age who is engaged in sport fishing under the authority of a licence held by another person shall be attributed to the licence holder and shall be added to the number of fish caught and retained by, or in the possession of, the licence holder.

• (8) No person who is engaged in sport fishing under the authority of a licence set out in column I of the table to this subsection shall catch and retain in any day or at any time possess more fish of a species set out in column II, from the waters set out in column III, than the fishing quota set out in column IV.

  	Column I	Column II	Column III	Column IV
  Item	Licence	Species	Waters	Fishing Quota
  1	Non-resident Sport Fishing Licence	Walleye or Sauger	In Division 22, waters of the Winnipeg River from the outlet of the Lake of the Woods to the Manitoba border, and including the following waters:	Two walleye or sauger in the aggregate, of which walleye must be between 35 cm and 45 cm in length or greater than 70 cm in length, and only one sauger may be greater than 46 cm
  			(a) Louise Lake (49°47′00″N., 94°38′00″W.), also known as Middle Lake;
  			(b) Muriel Lake (49°48′40″N.,94°40′54″W.);
  			(c) Gun Lake (49°57′31″N., 94°39′17″W.);
  			(d) Pistol Lake (49°59′56″N., 94°42′30″W.);
  			(e) Lost Lake (50°19′38″N., 93°05′29″W.);
  			(f) Little Sand Lake (50°02′36″N., 94°40′47″W.);
  			(g) Big Sand Lake (50°07′01″N., 94°37′37″W.);
  			(h) Hidden Lake (50°04′52″N., 94°35′48″W.);
  			(i) Roughrock Lake (50°06′27″N., 94°45′33″W.);
  			(j) Swan Lake (50°03′46″N, 94°54′30″W.);
  			(k) Tetu Lake (50°10′58″N., 95°02′10″W.);
  			(l) Eaglenest Lake (50°12′43″N., 95°08′40″W.);
  			(m) McFarlane River, downstream from the Ena Lake Dam (49°58′29″N., 94°33′08″W.); and
  			(n) the English River, from the confluence of the Winnipeg and English Rivers upstream to the Caribou Falls dam.
  2	Non-resident Conservation Fishing Licence	Walleye or Sauger	Waters set out in item 1.	One walleye or sauger in the aggregate, of which walleye must be between 35 cm and 45 cm in length or greater than 70 cm in length

24.1 No person who is engaged in sport fishing from a vessel in the waters described in the table to this section shall possess more fish of any species on board the vessel than the daily fishing quota prescribed for that species of fish in the waters where the person is fishing.

24.2 No person who is engaged in sport fishing whether from shore, in a vessel, or through the ice in the waters in Charlottenburgh and Lancaster Townships and the City of Cornwall in Division 9 or Division 12A shall possess more yellow perch than the daily fishing quota for that species.

Angling Close Times

25 No person shall engage in angling for or catch by angling and retain a fish of a species set out in Column I of an item of Part I of Schedule III from the waters set out in Column II of a subitem of that item during the close time set out in Column V of that subitem.

Close Times for Sport Fishing other than Angling

26 No holder of a licence set out in a part of Schedule XI shall engage in sport fishing for or catch and retain a fish of a species set out in Column I of an item thereof by means of the gear set out in Column II of that item from the waters set out in Column III of that item during the close time set out in Column IV of that item.

Fishing at Night

27 No person shall engage in sport fishing during the period from sunset to sunrise unless the person

• (a) is angling;

• (b) is fishing by means of a bait-fish trap;

• (c) is fishing for smelt by means of a dip-net or a seine; or

• (d) is fishing for lake herring or lake whitefish by means of a dip net.

Length Limits

28 No person engaged in sport fishing shall catch and retain or possess any fish of a species set out in Column I of an item of Part I of Schedule III from the waters set out in Column II of a subitem of that item, the length of which falls within the length limits set out in Column IV of that subitem.

Identification of Fish

• 29 (1) No person shall, unless the fish is being prepared for immediate consumption,

  • (a) skin, cut or pack any fish taken by sport fishing in such a manner that

    • (i) the species cannot readily be identified, or

    • (ii) the number cannot readily be counted; or

  • (b) be in possession of any fish that are skinned, cut or packed in contravention of paragraph (a).

• (2) A person who is in possession of any fish taken by sport fishing for which there is an applicable length limit shall keep the fish in a manner that allows the length to be readily measured, unless the fish

  • (a) are being prepared for immediate consumption;

  • (b) are prepared at an overnight accommodation for storage;

  • (c) are being transported on the water from a temporary overnight accommodation to that person’s primary residence and that person is not engaged in sport fishing; or

  • (d) are being transported overland.

• (3) Subsection (2) does not apply to a person who is in possession of

  • (a) fish from which samples have been collected for scientific purposes by an employee authorized by the Provincial Minister or a person authorized pursuant to a licence issued under section 36.1; and

  • (b) documentation given by the authorized person or employee and containing information on the samples and their collection including the original size of the fish.

PART IIICommercial Fishing

Commercial Fishing Gear

30 No person who is the owner or is in charge of a commercial fishing vessel shall have on board the vessel any fishing gear that is not authorized to be used pursuant to the Commercial Fishing Licence under which that vessel is being operated.

Commercial Bait-Fish Gear

31 No person shall engage in commercial bait-fish fishing by means of a dip-net

• (a) the dimensions of which exceed 305 cm by 305 cm where the dip-net is angular; or

• (b) the diameter of which exceeds 305 cm where the dip-net is circular.

Gear Markings

32 No person shall engage in commercial fishing by means of a bait-fish trap that is not legibly marked with the name of the holder of the Commercial Bait Licence under which the trap is being used.

• 33 (1) In all waters except those specified in subsections (2) and (3), no person shall set, have in the water or lift a hookline or net from the water unless

  • (a) a buoy, marker or stake is attached to the hookline or each end of the net;

  • (b) each buoy, marker or stake is legibly marked with the licence holder’s name or licence number; and

  • (c) the licence holder’s name or licence number is visible without the necessity of raising the gear from the water.

• (2) In the waters of Lake of the Woods and Shoal Lake, no person shall, except when ice fishing, set, have in the water or lift a hookline or net from the water unless

  • (a) the hookline or each end of the net is marked by a buoy surmounted by a shaft the upper extremity of which

    • (i) is at least 53 cm above the water, and

    • (ii) has attached thereto an orange flag measuring not less than 22 cm by 22 cm;

  • (b) each buoy, marker or stake is legibly marked with the licence holder’s name or licence number; and

  • (c) the licence holder’s name or licence number is visible without raising the gear from the water.

• (3) In the waters of Lake Superior or Lake Nipigon, no person shall, except when ice fishing, set, have in the water or lift a hookline or net unless

  • (a) the hookline or each end of the net is marked by

    • (i) a standard marker ball 50 cm in diameter, or

    • (ii) a buoy surmounted by a shaft the upper extremity of which

      • (A) is at least 92 cm above the water, and

      • (B) has attached thereto an orange flag measuring not less than 22 cm by 22 cm;

  • (b) each buoy, marker or stake is legibly marked with the licence holder’s name or licence number; and

  • (c) the licence holder’s name or licence number is visible without raising the gear from the water.

Commercial Fishing Close Times

34 Subject to subsection 35(1), no person engaged in commercial fishing shall fish for, catch and retain or have on board a vessel a fish of a species set out in Column II of a subitem of an item of Schedule XII in the waters set out in Column I of that item during the close time set out in Column III of that subitem.

Disposal of Fish

• 35 (1) Where a person engaged in commercial fishing catches fish the taking and possession of which are prohibited by these Regulations, the person shall, where the fish cannot be released alive into the waters from which they are taken, dispose of the fish in accordance with a direction issued pursuant to subsection (2).

• (2) A fishery officer may direct in writing any person referred to in subsection (1)

  • (a) to donate the fish for a humanitarian or charitable purpose;

  • (b) to destroy the fish in a manner that will not pollute fisheries waters; or

  • (c) to dispose of the fish by any other means that is in keeping with the proper management and control of the fisheries and that will not result in an economic benefit to that person.

Terms and Conditions of Licence

• 36 (1) The Provincial Minister may, in a commercial fishing licence, impose terms and conditions respecting

  • (a) the waters from which fish may be taken;

  • (b) the species, size and quantity of fish that may be taken;

  • (c) the fishing gear that may be used and the rule or gauge used to measure the gear;

  • (d) the persons who may engage in fishing under the licence;

  • (e) the loading, landing, handling and transportation of fish; and

  • (f) the periods and times of day during which fishing operations may not be conducted.

• (2) No holder of a commercial fishing licence shall violate any of the terms or conditions of the licence.

• 36.01 (1) The provincial Minister may, for the purposes of the conservation and protection of fish, amend the terms and conditions of a commercial fishing licence.

• (2) [Repealed, SOR/2002-128, s. 8]

• (3) A notice of any amendment referred to in subsection (1) shall be

  • (a) sent to the licence holder by registered mail; or

  • (b) personally delivered to the licence holder by a fishery officer.

• (4) An amendment referred to in subsection (1) is effective on receipt by the licence holder of the notice referred to in subsection (3).

• (5) A notice referred to in subsection (3) forms part of the licence to which it relates and the licence holder shall, on receipt of such a notice, attach the notice to the licence.

PART IVScientific Collection

• 36.1 (1) No person shall take fish for scientific or educational purposes unless the person is the holder of a Licence to Collect Fish for Scientific Purposes.

• (2) The Provincial Minister may issue a Licence to Collect Fish for Scientific Purposes and may, in that licence, impose terms and conditions respecting

  • (a) the waters from which fish may be taken;

  • (b) the species, size and quantity of fish that may be taken;

  • (c) the fishing gear that may be used and the rule or gauge used to measure the gear;

  • (d) the persons who may engage in fishing under the licence; and

  • (e) the periods and times of day during which fishing operations may not be conducted.

• (3) No holder of a Licence to Collect Fish for Scientific Purposes shall violate any of the conditions of the licence.

• (4) The requirement to have a Licence to Collect Fish for Scientific Purposes does not apply to employees of the Ontario Ministry of Natural Resources engaged in carrying out their duties related to the proper management, conservation and protection of fish.

PART IV.1Observers

• 36.2 (1) In this section,

  Director

  Director means the Director of the Great Lakes Branch of the Ontario Ministry of Natural Resources; (directeur)

  observer

  observer means a person designated under subsection (2). (observateur)

• (2) The Director may designate any person as an observer for the purposes of these Regulations and may assign to the observer any of the following duties:

  • (a) the monitoring of fishing activities;

  • (b) the examination and measurement of fishing gear and fish on board a vessel;

  • (c) the examination of records relating to fishing activities; and

  • (d) the taking of samples of fish.

• (3) The Director shall provide each observer with a certificate that certifies the observer’s designation as such.

• (4) An observer shall, on request, on boarding any vessel to perform the observers’ duties show the certificate of designation to the person in charge of the vessel.

• (5) Any person who holds a commercial fishing licence shall

  • (a) at the request of an observer, permit the observer to go on board the person’s vessel to perform any of the assigned duties described in subsection (2); and

  • (b) provide the observer with such assistance as is reasonably necessary to enable the observer to perform those duties, including

    • (i) facilitating the sending and receiving of messages by means of the communications equipment on board the vessel,

    • (ii) providing the position of the vessel in latitude and longitude or Loran C reading, Global Positioning System or any equivalent system,

    • (iii) giving access to all areas of the vessel involved in fishing or fish processing or storage operations,

    • (iv) providing suitable storage facilities for samples,

    • (v) permitting photographs or video recordings to be taken of fishing operations, gear and equipment,

    • (vi) permitting embarkation and disembarkation at agreed times and places, and

    • (vii) permitting the removal from the vessel of samples, records, photographs and film taken or made on board the vessel.

PART V

[Repealed, SOR/2003-417, s. 1]