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

Regulations are current to 2019-08-15 and last amended on 2018-03-27. Previous Versions

PART IGeneral (continued)

Restricted Waters

 No person other than an Indian as defined in the Indian Act shall fish in any part of the Betsiamites River set out in item 7 of Schedule 6.

  • SOR/2001-438, s. 2
  • SOR/2008-322, s. 4
  •  (1) Subject to subsection (2), no person shall fish for sucker, non-anadromous whitefish, sturgeon, mooneye, goldeye or burbot in Area 22, 23 or 24.

  • (2) A person may fish in the areas and for the species referred to in subsection (1) where the person is

    • (a) a beneficiary under section 10 of the Act respecting hunting and fishing rights in the James Bay and New Quebec territories of Quebec, R.S.Q., c. D-13.1; or

    • (b) a resident of a part of the Northeastern Quebec region lying below the 55th parallel as demarcated in Schedule 4 of that Act, who is engaged in sport fishing by angling in that part.

Fishing Method Restrictions

 No person shall fish by means of one or more hooks used in such a manner as to pierce or hook a fish in any part of the body. This restriction does not apply in the event that a fish has taken the hook in its mouth.

  • SOR/93-118, s. 3(F)
  • SOR/2008-322, s. 5

 No person shall engage in fishing, other than angling, anywhere that is less than 500 m downstream from any point on the mouth of a salmon river included in Area 18, 19, 20 or 28, or the mouth of a salmon river on the north shore of the St. Lawrence River or the Gulf of St. Lawrence included in Area 21.

  • SOR/93-118, s. 4
  • SOR/99-264, s. 5
  • SOR/2008-322, s. 5

 No person shall

  • (a) adjust or attempt to adjust the flow of a dam for the purpose of fishing or to facilitate fishing; or

  • (b) deposit or install, in any water or on its bed, any material in order to divert or slow a water current or divert, slow or halt the movement of fish for the purpose of fishing or to facilitate fishing.

Fishing Gear Restrictions

 No person shall have in the person’s possession a net, hoop net or night line unless

  • (a) the person holds the appropriate licence set out in Schedule 5;

  • (b) the person is licensed under provincial legislation to operate a fishing pond or facilities for breeding fish or keeping bait fish; or

  • (c) the net, hoop net or night line is kept in a building or in a vehicle other than a boat.

  • SOR/91-391, s. 2
  • SOR/2008-322, s. 6
  •  (1) Subject to subsection (2), no person shall have in their possession any fishing gear within 100 m of any water where the use of that gear is prohibited under these Regulations.

  • (2) Subsection (1) does not apply in respect of

    • (a) fishing gear that is located in a building or in a vehicle other than a boat; or

    • (b) persons who are crossing or moving alongside water to fish in other waters where the use of that gear is authorized.

  • (3) For the purposes of paragraph (2)(b), when the gear is a hook other than an artificial fly, it must not be attached to the line, and when the person is also in possession of a rod, it must be rendered inoperative by

    • (a) disassembling it into sections;

    • (b) removing the reel from the rod; or

    • (c) storing the rod in a case.

  • SOR/91-391, s. 3
  • SOR/2008-322, s. 7

Fish Tagging Requirements

  •  (1) If a person catches and retains a fish and the person is required, under the terms of the person’s licence, to tag the fish, the person shall immediately affix to it, in the manner set out in the licence, a valid tag issued with the person’s licence.

  • (2) Subject to subsection (3), every person who catches and retains an Atlantic salmon shall immediately detach a valid tag issued with the person’s licence and affix it to the fish in the sequence in which it is attached to the licence.

  • (3) An Atlantic salmon that is caught and retained shall be tagged by the person who hooked it with a valid tag issued with that person’s licence.

  • (4) For the purposes of subsections (1) to (3), a tag is valid if

    • (a) it has not been used or modified in any way; or

    • (b) it can be affixed, in the manner indicated in subsection (2), to the fish that has been caught and retained.

  • (5) Except in the circumstances described in subsection (7), no person shall possess a fish that was caught and retained under a licence that requires the fish to be tagged, and no person shall possess an Atlantic salmon, unless the fish or salmon is tagged in accordance with subsection (1), (2) or (3), as applicable.

  • (6) Except in the circumstances described in subsection (7), no person shall possess

    • (a) an Atlantic salmon that came from another province or country, or a sturgeon that came from another province or country and that was caught in accordance with a commercial fishing licence, unless,

      • (i) it is tagged in accordance with the laws of that province or country,

      • (ii) a tag of a type approved by the Minister or a Director has been affixed to it in the manner described in subsection (2), or

      • (iii) it is being transported through the province to another province or another country;

    • (b) an Atlantic salmon that was obtained from the Société unless a tag of a type approved by the Ministry has been affixed to it in the manner described in subsection (2).

    • (c) [Repealed, SOR/2001-51, s. 5]

  • (7) No person shall remove a tag that is affixed in accordance with this section except at the time the fish is prepared for human consumption.

  • SOR/93-118, s. 5
  • SOR/95-496, s. 5
  • SOR/97-203, s. 3
  • SOR/99-264, s. 6
  • SOR/2001-51, s. 5
  • SOR/2001-438, s. 3(E)
  • SOR/2003-176, s. 4
  • SOR/2005-269, ss. 4, 52
  • SOR/2008-322, s. 34
  • SOR/2018-55, s. 3

 [Repealed, SOR/2008-322, s. 8]

Use and Possession of Fish for Bait

  •  (1) Subject to subsections (2) and (3), no person shall use for bait or have in the person’s possession for use as bait any fish.

  • (2) A person may possess, in places where it is authorized, live or dead fish for use as bait during a specified period.

  • (3) No person shall fish using for bait a species of fish listed in Schedule 4.

  • SOR/93-118, s. 6
  • SOR/94-392, s. 4
  • SOR/95-496, s. 6
  • SOR/97-203, s. 4
  • SOR/98-218, s. 4
  • SOR/99-264, s. 7
  • SOR/2001-51, s. 6
  • SOR/2005-269, ss. 5, 49
  • SOR/2008-322, s. 9

 [Repealed, SOR/95-496, s. 7]

Release of Fish

 Every person who catches a fish

  • (a) at a time or place where fishing for that fish is prohibited,

  • (b) by a method or with fishing gear the use of which is prohibited for that fish,

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

  • (d) that is an Atlantic salmon, and that is hooked or pierced in any part of the body other than the mouth,

  • (e) under the licence referred to in paragraph 1(d) or (i) of Part 1 of Schedule 5, or

  • (f) in the case of an Atlantic salmon, under the licence referred to in paragraph 2(c) or (f) of Part 1 of Schedule 5,

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.

  • SOR/93-118, s. 8
  • SOR/2003-176, s. 5
  • SOR/2004-64, s. 1(E)
  • SOR/2008-322, ss. 10, 34

 Every person who voluntarily releases a fish caught during a period when the retention of such a fish is authorized shall do so in a manner that causes the least harm to the fish.

  • SOR/2008-322, s. 11
 
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