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

Regulations are current to 2022-11-16 and last amended on 2021-06-01. Previous Versions

PART IIISport Fishing (continued)

Fishing Method Restrictions (continued)

  •  (1) Except as set out in Schedule 1, no person shall fish other than by fly fishing in a salmon river referred to in Schedule 6 or in waters reserved for fly fishing.

  • (2) Except as set out in Schedule 1, no person shall fish in the waters referred to in subsection (1) by means of an artificial fly that is

    • (a) attached to a weighted core line or a weighted down line;

    • (b) baited; or

    • (c) equipped with a single, double or triple hook that is larger than the maximum size.

  • (3) No person engaged in fly fishing in a salmon river shall use

    • (a) more than one artificial fly when Atlantic salmon fishing is authorized in that river; or

    • (b) more than two artificial flies when Atlantic salmon fishing is prohibited in that river.

  • (4) No person engaged in fly fishing in waters reserved for fly fishing shall use more than two artificial flies.

 Subject to section 29, no person who is engaged in sport fishing shall, for the purpose of landing a fish, use

  • (a) any net other than a landing net;

  • (b) a tailer that exceeds 2 m in length;

  • (c) a spring gaff; or

  • (d) in the case of Atlantic salmon, any gaff.

  • SOR/2008-322, ss. 21, 34

Fishing Location Restrictions

  •  (1) No person shall engage in sport fishing from

    • (a) a bridge crossing a salmon river or an estuary thereof; or

    • (b) a motor boat in the waters of Saint-Jean River Wildlife Sanctuary or in that part of Matapédia-and-Patapédia-Rivers Wildlife Sanctuary between Causapscal River and the falls downstream from the Richard Salmon Pool situated near the boundary between Bonaventure and Matapédia counties.

  • (2) No person shall engage in sport fishing from a boat or from any other floating apparatus in the waters of the Sainte-Anne River wildlife sanctuary or of the Cap-Chat River, Dartmouth River, Matane River or Petit-Saguenay River controlled zones.

Close Times

 No person shall fish in any salmon river during the period beginning one hour after sunset and ending one hour before sunrise other than from December 1 to the Thursday preceding the fourth Friday in April in places where and during periods when fishing for rainbow smelt is authorized.

Fishing Quotas

  •  (1) Subject to subsection (2), no person engaged in sport fishing shall catch and retain in any one day from the waters set out in an item of Schedule 2 more fish of a species set out in that item than the daily fishing quota set out in that item.

  • (2) No person shall, in any one day,

    • (a) subject to section 36, catch and retain more Atlantic salmon referred to in Schedule 2 from a salmon river set out in Schedule 6 than the highest daily fishing quota set out in Schedule 2 for that river; or

    • (b) catch and release more Atlantic salmon referred to in Schedule 2 from a salmon river set out in Schedule 6 than the highest daily fishing quota set out in Schedule 2 for that river.

  • (3) For the purposes of subsections (1) and (2), fish caught and retained by a person referred to in paragraph 5(3)(a), (b) or (c) or, in the case of Atlantic salmon, fish caught and released by that person shall be counted as fish caught by the holder of the licence.

  • (4) For the purposes of subsections (1) and (2), fish caught and retained or Atlantic salmon caught and released in waters adjacent to waters set out in Schedules 2 and 6 shall be counted as fish from the waters set out in those Schedules.

  • SOR/91-141, s. 2
  • SOR/91-336, s. 2
  • SOR/93-118, s. 15
  • SOR/94-392, s. 9
  • SOR/97-203, s. 10
  • SOR/98-218, s. 7
  • SOR/99-264, s. 17
  • SOR/2001-51, s. 13
  • SOR/2003-176, s. 11
  • SOR/2005-269, s. 7
  • SOR/2008-322, s. 23
  • SOR/2021-115, s. 12

 No person shall catch and retain in any year more than four Atlantic salmon and, of those, all four can be small or three can be small and one may be large.

  • SOR/99-264, s. 18
  • SOR/2008-322, s. 34
  • SOR/2018-55, s. 5
  •  (1) Subject to subsection (2), no person shall, during any day, continue to fish for a species of fish in waters set out in Schedule 2 after the person has, during that day, caught and retained, in a body of water, the number of fish corresponding to the daily fishing quota stipulated in that Schedule for that species in respect of that body of water, unless the fishing continues in another body of water where the daily fishing quota stipulated for that species is higher.

  • (2) No person shall, during any day, continue to fish in any salmon river set out in Schedule 6 and included in Area 1, 2, 3, 18, 21, 27 or 28 after the person has, during that day, caught and retained or, if the daily quota set out in Schedule 2 applies in respect of catching and releasing, caught and released in that river a number of Atlantic salmon equal to the highest daily fishing quota of Atlantic salmon for the rivers in those Areas.

  • SOR/93-118, s. 16
  • SOR/97-203, s. 11
  • SOR/98-218, s. 8
  • SOR/99-264, s. 19
  • SOR/2008-322, s. 24
  • SOR/2021-115, s. 13

Possession Restrictions

 No person shall have in the person’s possession, other than at the person’s permanent residence, any fish taken by sport fishing that are skinned, cut or packed in such a manner that

  • (a) the species cannot be readily identified;

  • (b) the number of fish cannot be readily counted; or

  • (c) the length of fish cannot be readily measured where a length limit is applicable.

 Section 38 does not apply to prohibit the possession of the equivalent in fillets of a sauger or walleye that

  • (a) measures 30 cm or more in length and has been taken from the waters referred to in Schedule 2 and for which a minimum length limit of 30 cm has been set if the two fillets measure 20 cm or more in length with the skin adhering completely to the flesh; and

  • (b) measures 35 cm or more in length and has been taken from the waters referred to in Schedule 2 and for which a minimum length limit of 35 cm has been set if the two fillets measure 23 cm or more in length with the skin adhering completely to the flesh.

  •  (1) No person shall have in their possession

    • (a) in the waters in which the person is engaged in sport fishing, more fish than the daily quota set out in Schedule 2 for that species for the waters in which the person is fishing;

    • (b) in a wildlife reserve or a communal wildlife area, more fish taken by sport fishing than the daily quota set out in Schedule 2 for that species for the waters of that wildlife reserve or communal wildlife area; or

    • (c) in any place, for species of fish other than Atlantic salmon,

      • (i) subject to subsection (2), more fish taken by sport fishing in an Area than the highest daily fishing quota set out in Schedule 2 for that species for the waters of that Area, or

      • (ii) more fish taken by sport fishing than the highest daily fishing quota set out in Schedule 2 for that species for the waters of all the Areas.

  • (2) A person may possess more lake trout or splake trout taken by sport fishing from an Area than the daily quota set out in Schedule 2 for those species in that Area if the lake trout or splake trout in excess of that quota are taken from waters of an outfitter and if the total number of lake trout and splake trout possessed by that person and taken in that Area does not exceed the highest daily quota for the waters of outfitters in that Area.

Length Limits

 No person engaged in sport fishing shall catch and retain or possess fish of a length that does not comply with the length limit set out in an item of Schedule 2 from waters set out in that item.

  • SOR/93-118, ss. 17, 22
  • SOR/94-139, s. 1
  • SOR/95-496, s. 13
  • SOR/97-203, s. 12
  • SOR/99-264, s. 22
  • SOR/2001-51, s. 14
  • SOR/2004-64, s. 5
  • SOR/2005-269, s. 8
  • SOR/2008-322, s. 25
  • SOR/2011-155, s. 2
  • SOR/2012-47, s. 4

Salmon Registration

  •  (1) Subject to subsections (2) to (4), every person who catches and retains an Atlantic salmon shall, within 48 hours after leaving the fishing area, come to a registration station, show the person’s fishing licence and present the salmon, either whole or gutted, for registration. The person who caught and retained the fish shall allow the fish to be weighed and measured and a sample to be taken or an examination made for scientific purposes.

  • (2) If a self-registration procedure has been implemented at a registration station, the person who caught and retained the fish shall complete the appropriate form in accordance with the instructions given, sign the form and deposit it in the applicable location.

  • (3) If a procedure has been implemented permitting self-registration by telephone at a registration station, any person to whom the procedure is available shall provide the required information to the person authorized to take it.

  • (3.1) If the procedures referred to in subsections (1) to (3) do not exist or have not been implemented, the person shall telephone an office of the Ministry to register the salmon.

  • (4) A person who catches and retains a salmon shall have it registered immediately, if requested to do so by a fishery officer.

Burbot Fishing

  •  (1) The holder of a licence set out in item 3 of Part 1 of Schedule 5 may fish for burbot, during the period beginning on December 1 and ending on April 15, using a maximum of two night lines each equipped with no more than 10 hooks, all resting continuously on the bottom, in the waters of Lake St. Jean and its tributaries located within the area surrounded by the section of Highway 169 that connects the municipalities of Dolbeau-Mistassini, Métabetchouan and Saint-Méthode and by the section of Highway 373 that connects the municipalities of Saint-Méthode and Dolbeau-Mistassini.

  • (2) A person referred to in subsection (1) shall affix a valid tag issued with their licence to the identification marker for each of the night lines being used.

  • SOR/97-203, s. 13
  • SOR/2001-51, s. 15
  • SOR/2003-176, s. 12
  • SOR/2008-322, s. 27

 [Repealed, SOR/2008-322, s. 28]

Whitefish

 [Repealed, SOR/93-118, s. 18]

 [Repealed, SOR/2008-322, s. 28]

PART IVCommercial Fishing

Application

  •  (1) This Part applies in respect of commercial fishing.

  • (2) [Repealed, SOR/2003-176, s. 14]

  • SOR/97-203, s. 15
  • SOR/99-264, s. 25
  • SOR/2003-176, s. 14

Close Times and Fishing Quotas

 No person shall engage in commercial fishing under the authority of a licence referred to in item 1, column 1, of Part 2 of Schedule 5 for fish of a species

  • (a) that may not be taken or transported under the conditions of the licence;

  • (b) in waters in which a person may not engage in fishing for that species under the conditions of the licence;

  • (c) during a period in which a person may not engage in fishing for that species under the conditions of the licence;

  • (d) during a period in which that species may not be transported under the conditions of the licence;

  • (e) with a type, quantity or size of fishing gear that may not be used to fish for that species under the conditions of the licence; and

  • (f) in a manner that may not be used to fish for that species under the conditions of the licence.

  • SOR/2001-51, s. 16
  • SOR/2008-322, s. 29

 No person who is engaged in commercial fishing under the authority of a licence referred to in item 1, column 1, of Part 2 of Schedule 5 shall catch and retain fish of a species

  • (a) in a quantity greater than that which may be taken or transported in respect of that species under the conditions of the licence; and

  • (b) that, because of age, sex, stage of development, length or weight, may not be taken or transported under the conditions of the licence.

  • SOR/2001-51, s. 16
  • SOR/2008-322, s. 30

Identification of Fishing Gear

  •  (1) No person who engages in commercial fishing under the authority of a licence referred to in item 1, column 1, of Part 2 of Schedule 5 may use a fishing vessel in any tidal waters, or fishing gear in any waters, unless a valid identification plate that was provided with the licence is affixed to the vessel or gear in the manner indicated in the licence.

  • (2) The Minister or a Director, as the case may be, shall issue the identification plates referred to in subsection (1), or a commercial fisher’s identification certificate, upon payment of an annual fee of $10 per licence holder.

  • (3) For the purposes of subsection (1), an identification plate is valid if it has not been modified in any way.

  • (4) For the purposes of section 22, a commercial fisher’s identification certificate is valid only if it has been signed by the licence holder and has not been modified in any way.

  • SOR/93-118, s. 20
  • SOR/97-203, s. 16
  • SOR/99-264, s. 26
  • SOR/2001-51, s. 17
  • SOR/2005-269, s. 52
  • SOR/2008-322, s. 31
 
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