Atlantic Fishery Regulations, 1985

3 (1) Subject to subsections (2) and (3), these Regulations apply to the management and control of the species of fish set out in Schedule I and found in or taken from

• (a) the Convention Area;

• (b) the tidal waters of the Provinces of New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island and Quebec;

• (c) the waters of Ungava Bay; and

• (d) the waters of Hudson Strait lying east of 70°00′ west longitude.

(2) Where no species of fish is referred to in a provision of Part IV or XI, that provision applies in respect of any species of fish, whether or not that species is set out in Schedule I.

(2.1) Subject to paragraph (3)(c), these Regulations apply to the management and control of the harvesting of marine plants in the Atlantic coastal waters of Canada.

(3) These Regulations do not apply in respect of

• (a) a foreign fishing vessel or a person fishing on board such a vessel, except where the vessel is used for recreational fishing in Canadian fisheries waters;

• (b) fishing for anadromous or catadromous fish in tidal waters of Quebec as defined in the Quebec Fishery Regulations;

• (c) manual harvesting of dulse or harvesting of other marine plants that have become detached from the bottom;

• (d) angling for salmon; or

• (e) any cultivated Atlantic salmon that are found in or taken from an aquaculture facility or any cultivated clams, mussels, oysters or scallops, of any species, that are so found or taken.

(4) Subject to paragraph 49.01(c) and subsections 49.3(2) and 91(1), the close times set out in these Regulations do not apply with respect to recreational fishing in accordance with subsection 15(1) or (2).

(5) Sections 13 to 14, 17, 17.1, 20 to 22, 39 to 45 and 46 to 50, subsection 51.3(1) and sections 51.4, 52, 54, 57, 61, 61.1, 63, 66, 68, 69, 70.1 to 72, 74, 77, 78, 80, 82, 83, 87, 90, 91, 99, 106, 106.1 and 108 to 115.1 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 and sections 18 and 19 do not apply to the issuance of licences under those Regulations.

(6) Despite subsection (5), only sections 51, 53, 54, 59, 61, 61.1, 68, 76, 78 to 80 and 86 and Part X apply in respect of Inuit domestic fishing, being the exercise by a person of the right to harvest any species or stock of fish for food, social and ceremonial purposes in accordance with the Agreement defined in section 2 of the Labrador Inuit Land Claims Agreement Act.