Quebec Fishery Regulations, 1990 (SOR/90-214)

Regulations are current to 2019-08-28 and last amended on 2018-03-27. Previous Versions

Application

  •  (1) Subject to subsections (2) and (3), these Regulations apply in respect of the management and control of fishing for freshwater fish and anadromous and catadromous species of fish in the waters of the Province and in tidal waters.

  • (2) These Regulations do not apply in respect of fishing

    • (a) in the waters of a national park of Canada; or

    • (b) in any waters or facilities of an aquaculture site, a fishing pond, a breeding pond or a fish-tank for baitfish within the meaning of An Act respecting the conservation and development of wildlife, R.S.Q., c. C-61.1.

  • (3) The fishing restrictions established by these Regulations do not apply to employees of the Ministry while performing their duties.

  • (4) Sections 7 to 12 and 16 to 18 do not apply to a licence referred to in item 2, column 1, of Part 2 of Schedule 5.

  • (5) Except for this section and section 2, subsections 4(3) and (4) and sections 5, 10 and 23, 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.

  • SOR/95-496, s. 2
  • SOR/99-264, s. 2
  • SOR/2001-51, s. 2
  • SOR/2002-225, s. 7
  • 2005-269, s. 52
  • SOR/2008-322, s. 2

PART IGeneral

Variation of Close Times, Fishing Quotas and Limits

  •  (1) The Minister or a Director may vary close times, fishing quotas or limits on the length or weight of fish applicable to sport fishing that are fixed in respect of an area under these Regulations so that the variation applies in respect of that area or any portion of that area.

  • (2) The Minister or a Director may vary any close time applicable to commercial fishing under these Regulations in respect of the waters referred to in subsection 3(1) or to any portion of them.

  • (3) The Minister may vary any close time fixed by the Aboriginal Communal Fishing Licences Regulations in respect of species of fish or waters referred to in subsection 3(1) so that the variation applies to all of the waters or to any portion of them.

  • (3.1) Close times varied under subsections (1) to (3) are deemed to also vary the corresponding open season where applicable.

  • (4) The authorized person making a variation under subsection (1), (2) or (3), shall give notice of it to the persons affected or likely to be affected by it using one or more of the following methods:

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

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

    • (c) having a fishery officer, a fishery guardian or a representative of the Ministry give oral notice of the variation to those persons;

    • (d) transmitting or posting the notice by electronic means;

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

    • (f) publishing the notice in the Gazette officielle du Québec; and

    • (g) publishing the notice in a newsletter or guide that deals with sport fishing or commercial fishing in Quebec, published by the Ministry or by the Quebec Ministry of Agriculture, Fisheries and Food.

  • SOR/91-391, s. 1
  • SOR/94-392, s. 2
  • SOR/95-496, s. 3
  • SOR/98-218, s. 2
  • SOR/2001-51, s. 3
  • SOR/2003-176, s. 2
  • SOR/2005-269, ss. 2, 52
  • SOR/2008-322, s. 3
  • SOR/2011-155, s. 2
  • SOR/2012-47, s. 2

Prohibitions

  •  (1) Subject to subsections (2) to (4), no person shall fish unless the person

    • (a) is the holder of a licence referred to in Schedule 5 and issued by the Minister or a Director and fishes in accordance with the conditions of that licence; or

    • (b) is the holder of a licence issued under the Aboriginal Communal Fishing Licences Regulations and fishes in accordance with the conditions of that licence.

  • (2) A person may fish without a licence if the person is

    • (a) a resident engaged in sport fishing for Atlantic tomcod or smelt in the St. Lawrence River and its tributaries downstream from the Laviolette Bridge (Trois-Rivières Bridge);

    • (b) a resident engaged in sport fishing, for species other than Atlantic salmon, in Area 21 or in that part of any river in Area 1 that is situated downstream from Highway 132, except for the trunk part between Sainte-Flavie and Matapédia;

    • (c) a resident engaged in sport fishing on the days and in the waters designated by the Minister or a Director for the purposes of promoting that activity;

    • (d) a resident engaged in sport fishing for freshwater shellfish or freshwater crustaceans; or

    • (e) a resident under 18 years of age who is engaged in sport fishing and who is in possession of a certificate attesting to their participation in the Quebec Wildlife Foundation’s Pêche en herbe program or the Ministry’s Relève à la pêche program.

  • (3) A person may fish under the licence of a licence holder or without a licence if the person fishes under the supervision of a holder of the appropriate licence and

    • (a) is under 18 years of age and

      • (i) is the child of the holder of a licence referred to in Part 1 of Schedule 5,

      • (ii) is the child of the spouse or common-law partner of the holder of a licence referred to in Part 1 of Schedule 5,

      • (iii) fishes under the supervision of a person 18 years of age or over who is the holder of a licence referred to in Part 1 of Schedule 5, or

      • (iv) fishes under the supervision of the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part 1 of Schedule 5;

    • (b) is between 18 and 24 years of age, holds a valid student card and

      • (i) is the child of the holder of a licence referred to in Part 1 of Schedule 5,

      • (ii) is the child of the spouse or common-law partner of the holder of a licence referred to in Part 1of Schedule 5,

      • (iii) fishes under the supervision of a person 18 years of age or over who is the holder of a licence referred to in Part 1 of Schedule 5, or

      • (iv) fishes under the supervision of the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part 1 of Schedule 5; or

    • (c) is the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part 1 of Schedule 5.

  • (4) A person may fish without a licence if the person

    • (a) engages in sport fishing in the boundary waters of the Ristigouche and Patapédia salmon rivers and holds, and fishes in accordance with the conditions of, a licence for sport fishing issued by New Brunswick; or

    • (b) engages in sport fishing in Area 25, in Clarice (Montbray Township), Labyrinthe (Dasserat Township) or Raven (Dufay Township) lakes or in that part of Lake Saint-François that is located west of a line drawn from Beaudette Point on the north shore to Saint-Louis Point on the south shore and holds, and fishes in accordance with the conditions of, a licence for sport fishing issued by Ontario.

  • (5) If a person referred to in paragraph (2)(c) or (e) catches an Atlantic salmon, that person shall without delay return the fish to the waters in which it was caught and, if the fish is alive, release it in a manner that causes the least harm to the fish.

  • (6) The persons referred to in subsections (3) and (4) are subject to the conditions of the applicable licence under the authority of which they are fishing.

  • SOR/93-118, ss. 2, 25(F)
  • SOR/94-392, s. 3
  • SOR/95-496, s. 4
  • SOR/97-203, s. 2
  • SOR/98-218, s. 3
  • SOR/99-264, s. 3
  • SOR/2001-51, s. 4
  • SOR/2003-176, s. 3
  • SOR/2005-269, ss. 3, 52
  • SOR/2008-322, s. 4
  • SOR/2018-55, s. 2

 No person shall fish on an ecological reserve.

  • SOR/2008-322, s. 4
 
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