PART VIII
GROUNDFISH

Close Times & Areas

86. In this Part,

"flounder" means American plaice, winter flounder, witch flounder and yellowtail flounder; (plie)

"length", in respect of a species of groundfish, means the distance measured in a straight line from the tip of the nose or, where the head has been removed, from the foremost point of the fish to the fork of the tail or, where the tail has been removed, to the end of the fish; (longueur)

"Stock Area" means the waters referred to in a subitem of Schedule XXIII in respect of the species set out in that item. (zone de stock) SOR/88-231, s. 1; SOR/91-76, s. 3.

87. (1) Subject to sections 88 and 90, no person shall fish for a species of groundfish set out in column I of an item of Schedule XXIII in a Stock Area set out in column II of a subitem of that item from a vessel of a vessel class set out in column III of that subitem during the close time set out in column IV of that subitem.

(2) For the purposes of subsection (1), where a close time set out in column IV of a subitem of Schedule XXIII is in respect of more than one vessel class, that close time is deemed to be fixed in respect of each vessel class referred to in that subitem. SOR/89-584, s. 3.

88. [Repealed, SOR/93-16, s. 2]

89. [Repealed, SOR/89-584, s. 5]

90. No person shall fish for groundfish in the waters set out in column I of Schedule XXIV with a type of gear referred to in column II during the close time set out in column III. SOR/87-468, s. 7; SOR/94-45, s. 1; SOR/2003-137, s. 11.

(2) [Repealed, SOR/94-45, s. 1]

Recreational Groundfish Fishing

91. (1) No person shall engage in recreational fishing for groundfish during the close time of January 1 to January 31.

(2) No person shall engage in recreational fishing for groundfish by any means other than by hand-line or by angling.

(2.1) No person shall engage in recreational fishing for groundfish in the waters of Subareas 2 and 3, Division 4R and that portion of Division 4S east of 61°31'42" west longitude, except under the authority of a recreational fishing licence issued under these Regulations.

(3) No person engaged in recreational fishing for groundfish shall, in any day, catch and retain more than a quota of ten groundfish of all species in the aggregate, comprising

(a) a total of not more than five cod, haddock and pollock; and

(b) not more than one halibut.

(4) For the purposes of subsection (3), fish caught and retained by a person less than 16 years of age who is fishing without a recreational fishing licence in accordance with subsection 15(2.1) shall be counted as fish caught and retained by the holder of a recreational fishing licence who is accompanying that person. SOR/91-76, s. 4; SOR/93-16, s. 3; SOR/93-61, s. 50(F); SOR/94-60, s. 3; SOR/2001-212, s. 3.

91.1 and 92. [Repealed, SOR/94-60, s. 3]

92.1 [Repealed, SOR/93-16, s. 4]

Groundfish Gill Nets

[SOR/91-76, s. 6]

93. No person shall fish for groundfish with a gill net that is set in such a manner that the net floats of the net are less than 5 m below the surface of the water at any time.

93.1 No person shall leave a groundfish gill net unattended in those portions of Division 4VWX and Subarea 5 that are more than 50 nautical miles from the nearest shore, other than the shore of Sable Island. SOR/91-76, s. 7.

Catching and Landing of Groundfish

[SOR/93-16, s. 5]

93.2 No person who is the master of a class B1 to B220, C1 to C6000, D1 to D220, E to S or T to Z fishing vessel shall land or permit to be landed from the vessel at a port in Subdivision 3Pn, Division 4R, 4S, 4T or 4VWX or Subarea 5 any groundfish caught in that Subdivision, Division or Subarea unless

(a) the groundfish is inspected by a fishery officer at the time of landing; or

(b) where no fishery officer is present to inspect the groundfish, the master of the vessel obtains permission from a fishery officer or representative of the Department to land the groundfish. SOR/91-76, s. 7.

93.3 Notwithstanding section 33 of the Fishery (General) Regulations, no person who catches groundfish of any species with fishing gear other than a cod trap shall return the groundfish to the water unless the person is authorized by a condition of a licence to return groundfish of that species to the water. SOR/93-16, s. 6; SOR/93-61, s. 31.

PART IX
MARINE PLANTS

94. In this part,

"basket drag rake" means a drag rake with an apparatus attached to the rear and forward portions so as to form an enclosure; (râteau traînant à panier)

"District" means a harvesting district described in Schedule XXVI; (arrondissement)

"drag rake" means any gear that is towed over the ocean floor by a vessel for the purpose of collecting marine plants; (râteau traînant)

"hand rake" means any gear that is moved manually over the ocean floor for the purpose of collecting marine plants; (râteau manuel)

"holdfast", in relation to a marine plant, means that portion of the marine plant by which it is attached to the ocean floor. (pied)

Harvesting Methods and Gear

95. (1) Subject to the conditions of a licence, no person shall harvest rockweed unless he

(a) uses an instrument that severs with a cutting action; and

(b) leaves a length of at least 127 mm above the holdfast.

(2) No person shall have in his possession any rockweed plant to which the holdfast is attached.

(3) Subject to the conditions of a licence, no person shall use a drag rake to harvest Irish moss in

(a) that portion of District 1 bounded as follows: commencing from the point at a wooden stake bearing Prince Edward Island Grid Co-ordinate Values N-264973.75 and E-209559.48, thence in a westerly direction on a magnetic bearing of 313°00' a distance of 700 m to a water buoy, thence in a northerly direction on a magnetic bearing of 43°00' a distance of approximately 619 m to a water buoy, thence in an easterly direction on a magnetic bearing of 113°00' a distance of 515 m to a wooden stake on the shore, and thence in a southerly direction on a magnetic bearing of 203°11' a distance of approximately 644 m to the place of beginning; or

(b) that portion of Districts 2 and 3 lying between a line bearing 35° true from Latitude 46°34'37"N., Longitude 63°42'50"W. (Malpeque Harbor Light) and a line bearing 360° true from Latitude 46°24'35"N., Longitude 63°02'32"W. (Tracadie Range Light).

(4) Subject to the conditions of a licence, no person shall use a basket drag rake to harvest marine plants.

(5) Subject to the conditions of a licence, no person shall harvest Irish moss in District 12 with a hand rake if the distance between the tines of the hand rake is less than 5 mm.

96. Notwithstanding the conditions of a licence, no person shall

(a) harvest horsetail or Irish moss of the species Chondrus crispus in the waters along the coast of Prince Edward Island lying east of a line bearing 360° true from Latitude 46°26'31"N., Longitude 62°44'54"W. (St. Peters Light) to a line bearing 135° true from Latitude 46°20'N., Longitude 62°17'W. (Souris) from January 1 to December 31; or

(b) harvest horsetail or Irish moss in a harvesting district set out in an item of Schedule XXVI during the period set out in that item.

PART X
TUNA

Interpretation

97. In this Part,

"angling gear" means a rod and reel to which is attached a single line with only one hook; (engin de pêche à la ligne)

"fishing port", in respect of a vessel used in fishing for tuna, means the port or ports specified in the licence under the authority of which the vessel is being operated; (port de pêche)

"tended line" means a line that is at least 9 mm in diameter, equipped with only one hook and attached at all times to a fishing vessel while used in fishing, but does not include angling gear. (ligne tendue) SOR/93-61, s. 32.

Application

98. This Part applies in respect of the waters referred to in subsection 3(1) and in respect of all waters of the Atlantic Ocean not referred to in that subsection. SOR/93-61, s. 32.

Close Times

99. No person shall fish for bluefin using a vessel set out in column I of an item of Schedule XXV with the type of gear set out in column II of that item during the close time set out in column III of that item. SOR/93-61, s. 32.

Fishing Gear

100. Subject to subsection 103(2), no person shall, unless otherwise authorized by a licence, catch a bluefin with any gear other than angling gear or a tended line and retain the bluefin. SOR/93-61, s. 32.

101. [Repealed, SOR/96-220, s. 2]

Weight Limits

102. (1) No person shall have in possession any bluefin tuna that weighs less than 30 kg.

(2) Subject to subsections (3) and (4), no person shall be in possession of any bigeye tuna or yellowfin tuna that weighs less than 3.2 kg.

(3) Subsection (2) does not apply where

(a) the catching of the bigeye tuna weighing less than 3.2 kg was incidental to the catching of larger bigeye tuna; and

(b) the number of bigeye tuna weighing less than 3.2 kg that are retained during one fishing trip does not exceed a fishing quota of 15 per cent of the number of larger bigeye tuna that are retained during that fishing trip.

(4) Subsection (2) does not apply where

(a) the catching of the yellowfin tuna weighing less than 3.2 kg was incidental to the catching of larger yellowfin tuna; and

(b) the number of yellowfin tuna weighing less than 3.2 kg that are retained during one fishing trip does not exceed a fishing quota of 15 per cent of the number of larger yellowfin tuna that are retained during that fishing trip. SOR/93-61, s. 32; SOR/94-292, s. 5.

Incidental Catches

103. (1) A person who is fishing under the authority of a licence for swordfish with a longline may retain tuna, other than bluefin, that is caught incidentally.

(2) A person who is fishing under the authority of a licence for any species of fish, other than bluefin, with a trap net may, except during the close time beginning on January 1 and ending on April 30, retain any bluefin caught by that trap net in that portion of St. Margaret's Bay, Nova Scotia, inside a straight line joining Latitude 44°28'N., Longitude 64°05'W. (New Harbour Point, Lunenburg County) and Latitude 44°26'N., Longitude 63°46'W. (Brig Point on Betty Island, Halifax County). SOR/92-348, s. 4; SOR/93-61, s. 32.

Landing of Tuna

103.1 No person who is the master of a fishing vessel shall land or permit to be landed from the fishing vessel any tuna unless

(a) the tuna is inspected by a fishery officer at the time of landing; or

(b) where no fishery officer is present to inspect the tuna, the master of the fishing vessel obtains permission from a fishery officer or representative of the Department to land the tuna. SOR/94-292, s. 6.

Tagging Bluefin

104. (1) A person who kills a bluefin tuna shall forthwith attach a valid numbered tag issued by the Department to the ninth finlet from the tail of the bluefin tuna.

(1.1) For the purpose of subsection (1), a bluefin tuna tag is valid only for the year indicated on the tag and only if

(a) it bears a tag number set out in a licence authorizing the person referred to in subsection (1) to fish for bluefin tuna;

(b) the tag number is legible; and

(c) it has not been tampered with.

(2) No person shall remove a tag attached to a bluefin pursuant to subsection (1) except at the time the bluefin is prepared for consumption. SOR/93-61, s. 32; SOR/94-292, s. 7.

105. No person shall have in possession a dead bluefin unless there is attached to it a numbered tag referred to in subsection 104(1). SOR/93-61, s. 32.

PART X.1

[Repealed, SOR/93-61, s. 32]

PART XI
MISCELLANEOUS PROVISIONS

106. (1) Subject to subsection (2), no person shall fish with an otter trawl in any waters set out in an item of Schedule XXXI from a vessel of a length set out in that item during the close time set out in that item.

(2) Where a person is the owner of a vessel less than 15.2 m in overall length or was on or before January 1, 1984 the owner of a vessel referred to in the table to this subsection, that person may, subject to these Regulations use that vessel to fish with an otter trawl in the waters set out in column I of item 4 of Schedule XXXI during the period September 1 to December 31.

TABLE

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1. and 2. [Repealed, SOR/94-45, s. 2]

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SOR/93-61, s. 33(F); SOR/94-45, s. 2.

106.1 No person shall fish with an otter trawl from a vessel 19.8 m or more in overall length within twelve nautical miles of the nearest shore on the Atlantic sea-coast of Canada. SOR/91-357, s. 3.

107. [Repealed, SOR/95-243, s. 1]

108. Notwithstanding anything in these Regulations, during the period August 1 to September 30, no person shall fish with an otter trawl, a scallop drag or a groundfish gill net in the waters adjacent to the southwest coast of Nova Scotia enclosed by the coastline and straight lines joining the following points in the order in which they are listed:

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109. Notwithstanding anything in these Regulations, no person shall fish with a vessel more than 15.2 m in overall length in those waters of Northumberland Strait enclosed by the coastlines of New Brunswick, Nova Scotia and Prince Edward Island and

(a) a straight line joining Latitude 47°00'48"N., Longitude 64°49'40"W. (Eel River, New Brunswick) to Latitude 47°03'15"N., Longitude 64°00'W. (North Cape, Prince Edward Island); and

(b) a straight line joining Latitude 46°26'55"N., Longitude 61°58'25"W. (East Point, Prince Edward Island) to Latitude 46°11'N., Longitude 61°25'30"W. (Sight Point, Nova Scotia). SOR/88-543, s. 1.

109.1 No person shall fish with a vessel more than 12 m in overall length in the waters along the Lower North Shore of the Gulf of St. Lawrence that are inside or shoreward of a line drawn from the shore through a point at Latitude 51°24'46" North and Longitude 57°06'07" West to a point at Latitude 51°22' North and Longitude 57°05'49" West; THENCE, to a point at Latitude 51°21'20" North and Longitude 57°11'56" West; and THENCE, through a point at Latitude 51°28'20" North and Longitude 57°22'38" West to the shore. SOR/94-357, s. 4.

110. (1) Subject to subsection (2), no person shall

(a) fish for any species of fish with a hoop net; or

(b) have a hoop net on board a vessel.

(2) Where a person is licensed to fish for lobster in Lobster Fishing Area 23 or 25, he may, in that Lobster Fishing Area, use hoop nets to fish for bait to use in his lobster traps if it is not during a close time in that Lobster Fishing Area.

111. No person shall fish with a drift net for any species of fish other than salmon in the portion of Salmon Fishing Area 16 (Miramichi Bay) that is enclosed by the coastline of New Brunswick and straight lines joining the following points, in the order in which they are listed:

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SOR/93-61, s. 35.

112. [Repealed, SOR/94-45, s. 3]

113. During the period April 15 to December 31, no person shall fish with a gill net or trap net in that portion of Pistolet Bay, Newfoundland inside a straight line joining Latitude 51°33'06"N., Longitude 55°45'W., (Blackberry Point) to Latitude 51°33'08"N., Longitude 55°52'19"W., (Forest Point).

114. During the period July 1 to August 30, no person shall fish with a gill net in the waters adjacent to King's County, Prince Edward Island enclosed by the coastline of Prince Edward Island and straight lines joining the following points in the order in which they are listed:

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115. No person shall fish with a gill net within 50 m of the coastline of Richmond County, Nova Scotia, measured at normal low tide.

115.1 No person shall, during the period June 1 to September 15, fish for groundfish from a vessel 10.67 m or more in overall length in the waters adjacent to the coast of Labrador enclosed by the coastline and straight lines joining the following points in the order in which they are listed:

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SOR/91-463, s. 1.

Tending Fishing Gear

115.2 No person shall leave fishing gear unattended in the water for more than 72 consecutive hours. SOR/93-61, s. 36; SOR/94-45, s. 4(F); SOR/2003-137, s. 12(F).

PART XII

[Repealed, SOR/93-337, s. 4]

SCHEDULE I
(ss. 2, 3, 14)
COMMON AND SCIENTIFIC NAMES OF FISH AND MARINE PLANTS

PART I
ANADROMOUS FISH

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PART II
GROUNDFISH

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PART III
PELAGIC FISH

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PART IV
SHELLFISH

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PART V
MARINE PLANTS

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SOR/87-468, ss. 10(F) to 12(F); SOR/89-85, s. 2; SOR/91-76, ss. 8, 9; SOR/91-225, s. 4(E); SOR/94-292, s. 8.

SCHEDULE II
(s. 17)
FEES FOR LICENCES AND REGISTRATION CARDS

PART I
FEES OTHER THAN COMMERCIAL FISHING LICENCE FEES PRESCRIBED BY SUBSECTION 17(2.1)

PART II
FEES FOR COMMERCIAL FISHING LICENCES WHICH AUTHORISE TAKING SPECIFIC QUANTITIES OF FISH

SOR/86-1000, s. 4; SOR/87-672, s. 8; SOR/87-724, s. 1; SOR/89-85, s. 3; SOR/89-584, ss. 6, 7, 8(F), 9; SOR/91-76, s. 10; SOR/91-498, s. 6; SOR/93-61, s. 54(E); SOR/94-292, s. 9; SOR/96-1, s. 2; SOR/96-281, ss. 1, 2; SOR/98-322, s. 1.