Alberta Fishery Regulations, 1998

SOR/98-246

Registration 23 April, 1998

FISHERIES ACT

Alberta Fishery Regulations, 1998

P.C. 1998-625 23 April, 1998

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43^a and subsection 79.7(5)^b of the Fisheries Act, hereby makes the annexed Alberta Fishery Regulations, 1998.

^a S.C. 1991, c. 1, s. 12^b S.C. 1991, c. 1, s. 24

ALBERTA FISHERY REGULATIONS, 1998

INTERPRETATION

1. (1) The definitions in this subsection apply in these Regulations.

"Act" means the Fisheries Act. (Loi)

"angling" means fishing with hook and line. (pêche à la ligne)

"bait" means a substance that attracts fish by scent or flavour and includes a lure to which scent or flavouring has been added. (appât)

"bait fish" means a fish of a species set out in Part 2 of Schedule 1. (poisson-appât)

"barbless hook" includes a hook the barbs of which are pressed against the shaft of the hook so that the barbs are not functional. (hameçon sans ardillon)

"Department" means the Department of Environmental Protection of the Province. (ministère)

"dip net" means a device consisting of a bag-like net that is mounted on a ring or frame with or without a pole or handle attached. (épuisette)

"Director" means the Director of Fisheries and Wildlife Management of the Natural Resources Service of the Department. (directeur)

"fish management zone" or "zone" means an area set out in Schedule 2. (zone de gestion du poisson ou ZGP)

"game fish" means a fish of a species set out in Part 1 of Schedule 1. (poisson de sport)

"gill net" means a net by which fish are caught by being enmeshed but that does not enclose an area of water. (filet maillant)

"hook" means a single or multi-pointed hook on a common shaft and includes a hook that is attached to a lure. (hameçon)

"hook size" means the measurement between the shaft and the tip of a hook. (taille de l'hameçon)

"Indian" means an Indian within the terms of Paragraph 12 of the Memorandum of Agreement, known as the Alberta Natural Resources Transfer Agreement, being the agreement entered into between Canada and Alberta on December 14, 1929 and confirmed by the Constitution Act, 1930. (Indien)

"length", in respect of a fish, means the distance measured from the tip of the snout to the tip of the tail. (longueur)

"lure" means a spoon, plug, jig, fly or other such device made only of feathers, fibre, rubber, wood, metal, plastic or similar materials, and that does not attract fish by scent or flavour. (leurre)

"maggots" means the larvae of terrestrial dipterous insects but does not include earthworms (dew-worms, nightcrawlers) or the larvae, pupae or adults of aquatic invertebrates. (asticots)

"mealworms" means the larvae of terrestrial coleopterous insects but does not include maggots, wax worms, earthworms or the larvae, pupae or adults of aquatic invertebrates. (vers de farine)

"mesh size", in respect of a net, means the distance between the diagonally opposite angles of a single mesh measured

(a) after the net has been immersed in water for at least 30 minutes; and

(b) with the mesh extended without straining the twine. (maillage)

"order" means an order issued under subsection 3(1) in relation to any waters to which these Regulations apply. (ordonnance)

"Province" means the Province of Alberta. (province)

"provincial Act" means the Fisheries (Alberta) Act, S.A. 1992, c. F-12.2. (loi provinciale)

"provincial Minister" means the Minister of the Government of the Province who is responsible for the administration of the provincial Act.(ministre provincial)

"seine net" means a net the ends of which are brought together or hauled ashore and includes a bar seine, beach seine, drag seine, purse seine or other similar type of net. (seine)

"snagging" means attempting to catch or catching a fish using a hook

(a) other than to induce the fish to voluntarily take the hook in its mouth; or

(b) by intentionally piercing and hooking a fish in any part of the body other than the mouth. (casaquer)

"snagging device" means

(a) an instrument that is designed for the purpose of snagging fish; or

(b) hooks or lures that are altered to facilitate the snagging of fish. (dispositif de casaque)

"sportfishing" means fishing by means of angling, bow and arrow, spear, dip net, seine net or minnow trap. It does not include fishing with those methods under the authority of a licence issued under subsection 13(3) or under any licence issued under the provincial Act other than a Sportfishing Licence. (pêche sportive)

"trap net" means a device that is designed to catch fish by leading the fish into an enclosure. (parc en filet)

"tributary" means a watercourse that flows into a body of water and includes a tributary to a tributary. (tributaire)

"trout" means a fish of a species set out in item 9 of Part 1 of Schedule 1. (truite)

"watershed" means the area drained by one stream system, the stream and all its tributaries, and includes the lakes and reservoirs within that area whether or not they are directly connected to the stream. (bassin versant)

"watershed unit" or "unit" means a subdivision of a fish management zone set out in Schedule 2. (unité de bassin versant ou unité)

(2) A reference in these Regulations to a species or group of species of fish by its common name as set out in column 1 of an item of Schedule 1 shall be construed as a reference to the species or group of species of fish whose scientific name is set out in column 2 of that item.

(3) For the purposes of these Regulations, the boundary between two watersheds shall be the height of land that divides the two watersheds such that water on one side flows in one direction and water on the other side flows in a different direction.

(4) For the purposes of these Regulations, a fish is considered to be retained when it is not immediately returned to the waters from which it was taken.

(5) In these Regulations or any order, an alphanumeric reference used in the description of an area is a reference to an area of the Province established under Part 1 of the Surveys Act (Alberta), R.S.A. 1980, c. S-29. SOR/99-349, s. 1.

APPLICATION

2. (1) Subject to subsection (2), these Regulations apply in the Province.

(2) These Regulations do not apply in respect of

(a) fishing in, or fish taken from, waters to which the National Parks Fishing Regulations apply;

(b) fishing in a fish culture facility; or

(c) fishing for, or the possession of, freshwater shrimp.

PART 1
GENERAL PROVISIONS

Variation of Close Times, Fishing Quotas and Limits

3. (1) If a close time, fishing quota or limit on the size or weight of fish is fixed in respect of an area under these Regulations, the Director may, by order, vary that close time, fishing quota or limit in respect of that area or any portion of it.

(2) If a close time, fishing quota or limit is varied under subsection (1), the Director shall give notice of the variation to the persons affected or likely to be affected by it, by one or more of the following methods:

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

(b) communicating the notice by telephone to those persons;

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

(d) having a fishery officer give oral notice of the variation to those persons;

(e) transmitting the notice via electronic means to those persons; or

(f) publishing the notice in

(i) a newspaper circulated in the vicinity of the area affected by the variation,

(ii) the Alberta Gazette,

(iii) the Guide to Sportfishing Regulations published on behalf of the Department, or

(iv) the Guide to Commercial Fishing Seasons published by the Department.

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 100 m of those waters.

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.

Lights Prohibited

9. No person shall use any light while fishing other than a light that is attached to a hook or line used in angling.

Gear Prohibited

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 2
AUTHORITY TO FISH

13. (1) No person shall fish except as authorized by

(a) the provincial Act;

(b) subsection (2); or

(c) a licence issued under subsection (3).

(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).

PART 3
SPORTFISHING

Application

14. This Part applies only to sportfishing.

Close Times

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.

Catch Limits

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.

Possession Limits

17. (1) No person shall possess more fish of a species than the daily quota determined under subsection 16(1) for that species for the waters in which the person is fishing.

(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.

Angling Restrictions

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

(a) any flowing waters in Fish Management Zone 1, except the portion of the Lobstick River lying in 53, 54-9, 10-W5; or

(b) any beaver pond.

23. No person shall fish with prohibited gear or bait set out in column 1 of an item of Schedule 7 in waters set out in column 2 of that item during the close time set out in column 3 of that item.

Dip Net, Minnow Trap and Seine Net Restrictions

24. No person shall fish with a dip net, seine net or minnow trap

(a) for any fish other than bait fish; or

(b) in any waters set out in column 2 of items 3 to 6 of Schedule 7 during the close times set out in column 3 of those items.

25. (1) No person shall fish with a minnow trap unless

(a) it is visibly and legibly marked with the person's name and address; or

(b) it does not exceed 60 cm in length or 30 cm in width, depth or diameter.

(2) No person shall fish with more than two minnow traps.

26. No person shall fish with a seine net that exceeds 3 m in length or 2 m in depth.

Bow and Arrow Restrictions

27. (1) No person shall fish with a bow and arrow for Arctic grayling, trout, mountain whitefish, lake sturgeon, walleye or northern pike.

(2) No person shall fish with a crossbow. SOR/99-349, s. 3.

Spear Restrictions

28. (1) No person shall fish with a spear except when swimming and unless the spear is propelled by a spring, an elastic, compressed gas or by hand.

(2) Despite subsection (1), no person shall fish with a spear for Arctic grayling, trout, mountain whitefish, lake sturgeon, walleye or northern pike. SOR/99-349, s. 4.

PART 4
COMMERCIAL FISHING

Application

29. This Part applies to any person engaged in fishing under the authority of a licence issued under the Act or the provincial Act that authorizes the holder of the licence to sell fish.

Restrictions

30. Except when sportfishing, no person shall fish for bait fish unless authorized by a Commercial Bait Fishing Licence issued under the provincial Act.

31. (1) No person shall fish in the waters set out in column 1 of an item of Part 1 or 2 of Schedule 8 during a close time set out in column 3 of that item using gear set out in column 2 of that item.

(2) If a close time for fishing with gill nets is varied under subsection 3(1) to permit fishing, the Director shall specify in the order that one or more of the gill net mesh size limits set out in the table to this subsection are permitted.

TABLE

32. If a mesh size limit is specified in an order referred to in subsection 31(2), no person fishing in waters to which the order applies shall use a gill net that has a mesh size other than that specified in the order for those waters.

Notification of Quota Taken

33. (1) If a fishery officer has determined that a fishing quota for a species of fish set out in column 4 of an item of Part 1 or 2 of Schedule 8, in the waters set out in column 1 of that item, with the gear set out in column 2 of that item, has been or is about to be taken, the fishery officer shall give notice that the quota has been taken.

(2) The notice referred to in subsection (1) shall be given to the persons affected or likely to be affected by the notice by one or more of the methods listed in subsection 3(2).

34. No person shall fish for any species of fish in any waters set out in a notice given under subsection 33(1) with the type of gear specified in the notice.

PART 5
TICKETABLE OFFENCES

Prescribed Offence

35. The contravention of a provision of these Regulations set out in column 1 of an item of Schedule 9 is an offence to which section 79.7 of the Act applies and that may be described in tickets in the manner set out in column 2 of that item.

Fines

36. If proceedings are commenced under section 79.7 of the Act, the amount of the fine for an offence described in column 2 of an item of Schedule 9 is the amount set out in column 3 of that item.

REPEAL

37. The Alberta Fishery Regulations¹ are repealed.

¹ SOR/87-153

COMING INTO FORCE

38. These Regulations come into force on April 23, 1998.

SCHEDULE 1
(Section 1)
GAME FISH AND BAIT FISH

PART 1
SPECIES OF GAME FISH

PART 2
SPECIES OF BAIT FISH

SCHEDULE 2
(Section 1)
FISH MANAGEMENT ZONES AND WATERSHED UNITS

Fish Management Zone 1 -- Eastern Slopes

All waters within the area described by the Watershed Units listed below:

Unit ES1 -- the Oldman River watershed upstream of Secondary Road 509 near Coalhurst, and the Bow River watershed upstream of Highway 24 near Carseland;

Unit ES2 -- the Red Deer River watershed upstream of the Dickson Dam west of Innisfail, and the North Saskatchewan River watershed upstream of Highway 22/39 near Drayton Valley;

Unit ES3 -- the Athabasca River watershed upstream of Secondary Road 658 near Whitecourt, and the Pembina River watershed upstream of Highway 43 near Sangudo; and

Unit ES4 -- the Smoky River watershed upstream of the 21st Base line.

Fish Management Zone 2 -- Parkland-Prairie

All waters within the area described by the Watershed Units listed below:

Unit PP1 -- the Milk River watershed, and the South Saskatchewan River watershed upstream to Secondary Road 509 on the Oldman River near Coalhurst, including the St. Mary River watershed, and upstream to Highway 24 on the Bow River near Carseland;

Unit PP2 -- the Red Deer River watershed upstream to the Dickson Dam west of Innisfail, and the Sounding Creek watershed, the Battle River watershed, the Eyehill Creek watershed, and the North Saskatchewan River watershed upstream to Highway 22/39 near Drayton Valley, excluding tributary watersheds entering on the left (north) bank between Highway 38 near Redwater and the Alberta-Saskatchewan border.

Fish Management Zone 3 -- Northern Boreal

All waters within the area described by the Watershed Units listed below:

Unit NB1 -- the Athabasca River watershed between the north boundary of Township 78 and Secondary Road 813 near Athabasca, including the Calling River watershed, the La Biche River watershed, the Beaver River watershed, and the tributary watersheds entering on the left (north) bank of the North Saskatchewan River between Highway 38 near Redwater and the Alberta-Saskatchewan border;

Unit NB2 -- the Athabasca River watershed between Secondary Road 813 near Athabasca and Secondary Road 658 near Whitecourt, including the Lesser Slave River watershed and the Pembina River watershed upstream to Highway 43 near Sangudo;

Unit NB3 -- the Peace River watershed, including the Wabasca River, Birch River, Diog River, Hay River, Petitot River, Fontas River, Yates River, Whitesand River and Buffalo River watersheds; and

Unit NB4 -- the Athabasca River watershed downstream of the north boundary of Township 78, including the Clearwater River and Christina River watersheds and the Slave River and Lake Athabasca watersheds, and the lakes and streams north of Lake Athabasca.

SCHEDULE 3
(Section 4)
WATERS CLOSED TO ALL FISHING

SCHEDULE 4
(Section 15)
WATERS CLOSED TO SPORTFISHING

SCHEDULE 5
(Section 16)
SPORTFISHING QUOTAS AND SIZE LIMITS

SCHEDULE 6
(Subsection 17(2))
POSSESSION LIMITS

SCHEDULE 7
(Sections 23 and 24)
WATERS IN WHICH SPORTFISHING WITH SPECIFIED GEAR OR BAIT IS PROHIBITED

SOR/99-349, s. 5.

SCHEDULE 8
(Sections 31 and 33)
COMMERCIAL FISHING SEASONS AND QUOTAS

PART 1
COMMERCIAL FISHING LICENCES AND LIMITED NET FISHING LICENCES

PART 2
MÉTIS COMMERCIAL FISHING LICENCES

SCHEDULE 9
(Sections 35 and 36)
PRESCRIBED OFFENCES AND FINES