PART 1General Provisions (continued)
Waters Closed to All Fishing
4 Except as authorized by a Research Licence issued under the provincial Act, no person shall fish in the waters set out in column 1 of an item of Schedule 3 during a close time set out in column 2 of that item.
Possession and Use of Live Fish
5 No person shall possess live fish unless the person
(a) is authorized to do so under the provincial Act; or
(b) is engaged in angling, caught the fish in the waters in which the person is angling, and the fish are within 5 m of those waters.
- SOR/2012-21, s. 1
6 No person shall place live fish in any waters other than the waters from which they were taken unless the person is authorized to do so by a licence issued under the provincial Act.
Release of Prohibited Fish
7 Every person who catches a fish the possession or retention of which is prohibited under these Regulations or the provincial Act shall immediately return that fish to the waters from which it was caught, and, if the fish is alive, release it in a manner that causes it the least harm.
Placing of Bait in Waters of the Province
8 No person shall place or cause to be placed in any waters bait of any kind unless it is attached to a hook.
9 No person shall use any light while fishing other than a light that is attached to a hook or line used in angling.
10 No person shall engage in fishing with a snare, a firearm, a gaff hook or any device that can be used to pass an electric current through water to attract, stun or kill fish, unless the method of fishing
(a) is authorized by a licence issued under the provincial Act; and
(b) does not adversely affect the conservation or protection of the fish in the fishery to which the permit applies.
Sale of Fish
11 No person shall buy, sell, trade, barter or offer to buy, sell, trade or barter any fish unless it was caught and retained under the authority of a licence in which the sale of fish is authorized and that is issued under the Act or the provincial Act.
Molest, Disturb or Remove Fish
12 No person shall molest or disturb fish or remove fish from a facility or structure that is
(a) erected by the Department, or under the authority of a research licence issued under the provincial Act, and that is used or designed to catch or hold fish; or
(b) designed to facilitate the passage of fish.
PART 2Authority to Fish
(2) Subject to section 18, an Indian may engage in sportfishing without a licence.
(3) The provincial Minister may issue a licence to an Indian to engage in fishing solely for the purpose of catching fish for food for their personal use or for the use of their immediate family.
(4) No fee shall be charged to issue a licence under subsection (3).
13.1 For the proper management and control of fisheries and the conservation and protection of fish, the provincial Minister may specify in a licence issued under subsection 13(3) any condition that is not inconsistent with these Regulations and in particular, but not restricting the generality of the foregoing, may specify conditions respecting any of the following matters:
(a) the species of fish and the quantities of fish that are permitted to be taken or transported;
(b) the age, sex, stage of development or size of fish that are permitted to be taken or transported;
(c) the waters in which fishing is permitted to be carried out;
(d) the location from which and to which fish is permitted to be transported;
(e) the person or persons who may conduct fishing operations under the licence;
(f) the period during which fishing or transporting fish is permitted to be carried out;
(g) the vessel that is permitted to be used for fishing and the persons who are permitted to operate it;
(h) the type, size and quantity of fishing gear and equipment that are permitted to be used and the manner in which they are permitted to be used;
(i) the specific location at which fishing gear is permitted to be set;
(j) the depth of water at which fishing is permitted;
(k) the range of the depth of water within which fishing gear may be deployed;
(l) the distance to be maintained between fishing gear;
(m) information to be reported by the holder of the licence to the Department before the start of a fishing trip with respect to where and when fishing will be carried out, including the means by which, the times at which and the person to whom the report is to be made;
(n) records that the licence holder shall keep of any fishing activity carried out under the licence including the manner and form in which the records are to be kept, the times at which and the person to whom the records are to be produced and the period during which the records are to be retained;
(o) the marking or tagging of fish for the purpose of identifying the source of the fish;
(p) the segregation of fish by species before and during transport;
(q) the period within which findings and data obtained as a result of fishing are to be forwarded to the Director;
(r) the species of fish, including fish of particular sizes, that must be released and the manner in which they are to be released; and
(s) the period during which the release of fish is permitted to be carried out.
- SOR/2005-296, s. 2
- SOR/2012-21, s. 2(F)
14 This Part applies only to sportfishing.
15 No person shall sportfish in the waters set out in column 1 of an item of Schedule 4 during a close time set out in column 2 of that item.
16 (1) No person shall in any day catch and retain from the waters set out in column 2 of an item of Schedule 5 more fish of any species set out in column 1 of that item than the quota set out in column 3 of that item.
(2) No person shall catch and retain from the waters set out in column 2 of an item of Schedule 5 a fish of any species set out in column 1 of that item that is of a prohibited length as set out in column 4 of that item.
(2) No person shall at any time possess more fish of a species set out in column 1 of an item of Schedule 6 than the quota set out in column 2 of that item.
18 No person shall possess a lake sturgeon unless authorized by a Sturgeon Fishing Licence issued under the provincial Act.
19 No person shall angle using
(a) more than three hooks attached to a line;
(b) a hook with more than three points on a common shaft;
(c) a lure with more than three hooks as part of it;
(d) in open water, more than one line;
(e) in ice-covered water, more than two lines;
(f) a spring-loaded hook; or
(g) any fish as bait, other than dead bait fish, dead smelt, dead herring, dead shrimp, dead fish eggs or the skin, fins or eyes of game fish caught by angling.
- SOR/99-349, s. 2
20 No person shall
(a) fish by snagging;
(b) possess fish taken by snagging;
(c) possess a snagging device; or
(d) possess a gaff hook while angling.
21 No person angling shall be more than 30 m from any line that the person has in the water.
22 No person shall angle through ice in
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