Atlantic Fishery Regulations, 1985

SOR/86-21

FISHERIES ACT

Atlantic Fishery Regulations, 1985

REGULATIONS RESPECTING THE MANAGEMENT AND ALLOCATION OF FISHERY RESOURCES ON THE ATLANTIC COAST OF CANADA

SHORT TITLE

1. These Regulations may be cited as the Atlantic Fishery Regulations, 1985.

INTERPRETATION

2. (1) In these Regulations,

"Act" means the Fisheries Act; (Loi)

"Capelin Fishing Area" means a Capelin Fishing Area illustrated and enumerated in Schedule IV; (zone de pêche du capelan)

"Class A vessel" [Repealed, SOR/88-141, s. 1]

"Class A-1 vessel" [Repealed, SOR/89-584, s. 1]

"Class A-2 vessel" [Repealed, SOR/89-584, s. 1]

"Class B vessel" [Repealed, SOR/89-584, s. 1]

"Class C vessel" [Repealed, SOR/88-141, s. 1]

"Class C-1 vessel" [Repealed, SOR/89-584, s. 1]

"Class C-2 vessel" [Repealed, SOR/89-584, s. 1]

"Class D vessel" [Repealed, SOR/89-584, s. 1]

"Class E vessel" [Repealed, SOR/89-584, s. 1]

"Class F vessel" [Repealed, SOR/89-584, s. 1]

"Class G vessel" [Repealed, SOR/89-584, s. 1]

"Class H vessel" [Repealed, SOR/89-584, s. 1]

"Class I vessel" [Repealed, SOR/89-584, s. 1]

"Class J vessel" [Repealed, SOR/89-584, s. 1]

"Class K vessel" [Repealed, SOR/89-584, s. 1]

"Class L vessel" [Repealed, SOR/89-584, s. 1]

"Class M vessel" [Repealed, SOR/89-584, s. 1]

"Class N vessel" [Repealed, SOR/89-584, s. 1]

"Class O vessel" [Repealed, SOR/89-584, s. 1]

"Class P vessel" [Repealed, SOR/89-584, s. 1]

"Class Q vessel" [Repealed, SOR/89-584, s. 1]

"Class R vessel" [Repealed, SOR/89-584, s. 1]

"Class S vessel" [Repealed, SOR/89-584, s. 1]

"Class Sc-1 vessel" [Repealed, SOR/89-584, s. 1]

"Class Sc-2 vessel" [Repealed, SOR/89-584, s. 1]

"Class Sc-3 vessel" [Repealed, SOR/89-584, s. 1]

"Class Sc-4 vessel" [Repealed, SOR/89-584, s. 1]

"Class Sc-5 vessel" [Repealed, SOR/89-584, s. 1]

"Class Sc-6 vessel" [Repealed, SOR/89-584, s. 1]

"Class Sc-7 vessel" [Repealed, SOR/89-584, s. 1]

"Class Sc-8 vessel" [Repealed, SOR/89-584, s. 1]

"Class Sc-9 vessel" [Repealed, SOR/89-584, s. 1]

"Class T vessel" [Repealed, SOR/89-584, s. 1]

"Class U vessel" [Repealed, SOR/89-584, s. 1]

"Class V vessel" [Repealed, SOR/89-584, s. 1]

"cod-end" means a bag-like extension that is attached to the after end of the belly of an otter trawl and is used to retain the catch; (cul de chalut)

"Convention" means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries that was ratified by Canada on November 30, 1978 and came into force on January 1, 1979; (Convention)

"Convention Area" means the waters of the Northwest Atlantic Ocean north of 35°00' north latitude and west of a line extending due north from 35°00' north latitude and 42°00' west longitude to 59°00' north latitude, thence due west to 44°00' west longitude, and thence due north to the coast of Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10' north latitude; (zone de la Convention)

"Crab Fishing Area" means a Crab Fishing Area illustrated and enumerated in Schedule XI; (zone de pêche du crabe)

"day" means a calendar day; (jour)

"Department" means the Department of Fisheries and Oceans; (ministère)

"dip net" means a bag-like net that is fixed to a frame to which a handle is attached and is used to catch fish without enmeshing them; (épuisette)

"Division" means a division described in Schedule III; (division)

"drift net" means a gill net that drifts in the water whether or not it is attached to a vessel and includes a gill net that is not anchored at both ends; (filet dérivant)

"fishing trip" means a voyage that commences at the time a fishing vessel leaves a port to engage in fishing and terminates at the time fish caught during that period are offloaded; (expédition de pêche)

"fixed gear" means fishing gear other than mobile gear, angling gear, a drift net, a crab trap, a lobster trap or a dip net; (engin fixe)

"foreign fishing vessel" [Repealed, SOR/93-61, s. 1]

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

"groundfish" means any species of fish set out in Part II of Schedule I; (poisson de fond)

"Herring Fishing Area" means a Herring Fishing Area illustrated and enumerated in Schedule VI; (zone de pêche du hareng)

"hoop net" means a box-shaped or funnel-shaped apparatus that is constructed of netting or wire mesh fastened to a hoop or frame and that is used to catch fish without enmeshing them, and includes any fishing gear commonly referred to as a hand bow, hand trap or hand pot; (verveux)

"incidental catch" [Repealed, SOR/94-292, s. 1]

"licence" means a licence authorizing a person to fish for the species of fish specified in the licence, to harvest the species of marine plants specified in the licence or to transport fish as specified in the licence; (permis)

"Lobster Fishing Area" means a Lobster Fishing Area illustrated and enumerated in Schedule XIII; (zone de pêche du homard)

"longline" means a line that has a series of fish hooks attached and is used to catch fish but does not include angling gear or hand-lines; (palangre)

"Mackerel Fishing Area" means a Mackerel Fishing Area illustrated and enumerated in Schedule IX; (zone de pêche du maquereau)

"mesh size" means, in respect of netting

(a) in a crab trap, the distance measured in a straight line inside the knots forming any one side of a single mesh,

(b) in an otter trawl, the average size of any 20 meshes that are measured by inserting into the meshes a flat wedge-shaped gauge having a taper of 2 cm in 8 cm and a thickness of 2.3 mm with a weight of 5 kg attached, and

(c) in any other case, the total length of the twine measured along two contiguous sides of a single mesh, including the distance across the knot joining those sides but not including any other knots; (maillage)

"mobile gear" means otter trawls, purse seines and scallop drags; (engin mobile)

"monofilament" means a single continuous filament made from polyethylene, polyvinylidene chloride or any similar type of synthetic material that has not been braided or woven; (monofilament)

"observer" [Repealed, SOR/93-61, s. 1]

"otter trawl" means an "otter" or other trawl of a similar nature and includes a "Danish seine", a "Scottish seine" and a midwater trawl; (chalut à panneaux)

"overall length" in relation to a vessel, means the horizontal distance measured between perpendicular lines drawn at the extreme ends of the outside of the main hull of the vessel; (longueur hors tout)

"recreational fishing" means fishing solely for pleasure or fishing where the fish caught are solely for personal use; (pêche récréative)

"Regional Director-General" [Repealed, SOR/93-61, s. 1]

"registered" means registered with the Department pursuant to section 17.1; (enregistré)

"Salmon Fishing Area" means a Salmon Fishing Area illustrated and enumerated in Schedule XXI; (zone de pêche du saumon)

"scallop drag" means a type of scallop fishing gear towed in the sea by a vessel and that consists of a bag-like net of steel meshes and twine meshes, the closed end of the net having attached to it a dumping bar and the open end of the net being attached to a steel rectangular frame, and includes any other similar fishing gear; (drague à pétoncles)

"Scallop Fishing Area" means a Scallop Fishing Area illustrated and enumerated in Schedule XV; (zone de pêche du pétoncle)

"seine" means a net that hangs vertically in the water with floats attached at the top of the net and weights attached at the bottom, the ends of which are brought together or hauled ashore, and includes a bar seine, beach seine, drag seine or other similar type of net, but does not include a purse seine; (seine)

"Shrimp Fishing Area" means a Shrimp Fishing Area illustrated and enumerated in Schedule XVII; (zone de pêche de la crevette)

"square mesh" [Repealed, SOR/94-60, s. 1]

"Squid Fishing Area" means a Squid Fishing Area illustrated and enumerated in Schedule XIX; (zone de pêche du calmar)

"Subarea" means a Subarea described in Schedule III; (sous-zone)

"Subdivision" means a Subdivision described in Schedule III; (sous-division)

"trap net" means a net that is set so as to enclose an area of water into which fish are guided through an opening or openings by one or more leaders; (filet-piège or trappe en filet)

"weir" means an apparatus that

(a) is constructed of stakes attached to the seabed and held together with one or more sets of ribands,

(b) is surrounded by brush, twine or wire netting, and

(c) consists of one or more holding compartments or pounds into which fish are guided by one or more leaders. (bordigue)

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

(3) A reference in these Regulations to the weight of fish shall be construed as a reference to the weight of the fish in a completely unprocessed state.

(4) [Repealed, SOR/91-357, s. 1]

(5) and (6) [Repealed, SOR/93-61, s. 1]

(7) A reference in these Regulations to a vessel class means a vessel class identified in a licence or vessel registration card as one of vessel classes A1 to A3000, B1 to B220, C1 to C6000, D1 to D220, E to S, Sc-1 to Sc-9 and T to Z. SOR/86-1000, s. 1; SOR/87-468, s. 1; SOR/87-672, s. 1; SOR/88-141, s. 1; SOR/89-203, s. 1; SOR/89-584, s. 1; SOR/91-76, s. 1; SOR/91-357, s. 1; SOR/91-498, s. 1; SOR/92-348, s. 1; SOR/93-61, ss. 1, 50(F), 51(F); SOR/94-60, s. 1; SOR/94-292, s. 1; SOR/2003-137, s. 6.

APPLICATION

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, 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 to

(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) the taking of Atlantic salmon that originates in an aquaculture facility.

(4) Subject to subsection 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 13.2, 14, 17, 17.1, 39 to 45.1 and 46 to 50, subsection 51.3(1) and sections 51.4, 52, 54, 57, 61, 61.1, 63, 66, 67.1 to 69, 70.1 to 72, 74, 77, 78, 80, 82, 83, 87, 90, 91, 99, 103.1, 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. SOR/87-468, s. 2(F); SOR/89-268, s. 1; SOR/93-61, s. 2; SOR/94-60, s. 2; SOR/97-253, s. 1; SOR/2001-212, s. 1; SOR/2002-225, s. 4; SOR/2003-314, s. 1.

PART I

[Repealed, SOR/93-61, s. 3]

PART II
REGISTRATION OF PERSONS AND VESSELS AND LICENSING OF PERSONS

[SOR/91-498, s. 3]

Interpretation

12. In this Part, "document" means a fisherman's registration card, a vessel registration card or a licence.

Requirement for Registration and Licences

13. (1) Subject to section 15 and subsection 51.1(2), no person shall use a vessel, and no owner of a vessel shall permit another person to use the vessel, in fishing for any species of fish referred to in these Regulations unless

(a) a vessel registration card has been issued in respect of the vessel;

(b) the use of the vessel to fish for that species of fish is authorized by a licence; and

(c) subject to subsection (2), the person who is using the vessel is named in the licence referred to in paragraph (b).

(2) Where a licence is issued authorizing the use of a vessel to fish for a species of fish and an operator is not named in the licence, any registered fisherman may operate that vessel to fish for that species. SOR/87-468, s. 5(F); SOR/93-61, s. 4.

13.1 (1) Subject to subsection (2), no person shall use a vessel, and no owner of a vessel shall permit another person to use that vessel, to transport any species of fresh fish referred to in these Regulations unless

(a) a vessel registration card has been issued in respect of the vessel; and

(b) the use of that vessel to transport that species is authorized by a licence.

(2) Subsection (1) does not apply where the vessel used in transporting fresh fish is

(a) the vessel that was engaged in the catching of that fish; or

(b) a vessel designated under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations. SOR/91-498, s. 4; SOR/93-337, s. 1.

13.2 No person who is fishing under the authority of a licence that does not specify the use of a specific vessel shall permit a vessel to be used to transport any species of fresh fish caught under the authority of that licence unless the use of that vessel to transport that species is authorized by a licence. SOR/91-498, s. 4.

14. (1) Subject to subsection (4) and section 15, no person shall fish for any species of fish set out in Schedule I unless

(a) he holds a fisher's registration card; and

(b) he is authorized, pursuant to subsection (2), to fish for that species.

(2) Subject to subsection (3), a person is authorized to fish for a species of fish if that person is

(a) the holder of a licence for that species;

(b) on board a vessel and is named as the operator of that vessel in a licence that authorizes the use of that vessel to fish for that species;

(c) accompanying a person referred to in paragraph (a) or (b); or

(d) on board a vessel the owner of which is the holder of a licence that authorizes the use of that vessel in fishing for that species and an operator is not named in the licence.

(3) Paragraphs 2(b) to (d) do not apply to a person engaged in recreational fishing.

(4) A person who is less than 16 years of age may engage in fishing without being registered. SOR/93-61, s. 54(E).

15. (1) The holder of a licence for recreational fishing may fish for a species specified in that licence

(a) without being registered; and

(b) from a vessel that is not registered.

(2) A person may, without being registered or licensed and with a vessel that is not registered, engage in recreational fishing

(a) for groundfish with a hand-line or by angling except in the waters of Subareas 2 and 3, Division 4R and that portion of Division 4S east of 61°31'42" west longitude;

(b) for mackerel with a hand-line or by angling;

(c) for capelin with any fishing gear other than trap nets, seines or mobile gear; or

(d) for squid with any fishing gear other than trap nets or mobile gear.

(2.1) A person less than 16 years of age who does not hold a licence may engage in recreational fishing when accompanied by the holder of a recreational fishing licence if the fishing is done in accordance with the conditions of the licence.

(3) A person who is designated under paragraph 4(2)(a) or subsection 4(3) of the Aboriginal Communal Fishing Licences Regulations to fish under the authority of a licence issued under subsection 4(1) of those Regulations may engage in fishing in accordance with the conditions of that licence

(a) without being registered; and

(b) from a vessel that is not registered. SOR/93-337, s. 2; SOR/2001-212, s. 2; SOR/2002-225, s. 5.

16. No person shall harvest marine plants except under the authority of a licence issued for that purpose by the Minister under section 45 of the Act. SOR/93-61, s. 5.

Application for Documents

17. (1) An application for a document is to be made to the Minister on a form supplied by the Minister and accompanied by the appropriate fee.

(2) Subject to subsections (2.1) to (2.3), the fee for a document set out in column I of an item of Part I of Schedule II is the fee set out in column II of that item.

(2.1) Subject to subsections (2.2) and (2.3), where a Commercial Fishing Licence authorizes the taking of specific quantities of any species set out in Part II of Schedule II, the fee for the licence shall be the sum of the products determined by multiplying the number of tonnes of each species set out in column I of an item of Part II that are authorized to be taken under the licence from the waters set out in column II of that item by the fee per tonne set out in column III of that item.

(2.2) Where any product calculated pursuant to subsection (2.1) in respect of any species of fish, other than groundfish,

(a) is less than $2,500.00 that product shall be reduced by 40 percent; or

(b) is $2,500.00 or more that product shall be reduced by $1,000.00.

(2.3) Where the sum of the products calculated pursuant to subsection (2.1) in respect of all species of groundfish

(a) is less than $2,500.00 that sum shall be reduced by 40 percent; or

(b) is $2,500.00 or more that sum shall be reduced by $1,000.00. SOR/86-1000, s. 2; SOR/87-672, s. 2; SOR/89-584, s. 2; SOR/93-61, s. 6; SOR/96-1, s. 1.

(3) to (5) [Repealed, SOR/93-61, s. 6]

Registration

17.1 (1) Where, pursuant to section 17, the Minister receives an application for a fisher's registration card or a vessel registration card, he may issue that card.

(2) Where, pursuant to subsection (1), the Minister issues a fisher's registration card to a person or a vessel registration card in respect of a vessel, that person or vessel is registered with the Department. SOR/93-61, s. 54(E).

18. to 27. [Repealed, SOR/93-61, s. 7]

28. to 32. [Repealed, SOR/91-296, s. 1]

33. [Repealed, SOR/93-61, s. 8]

PART III

[Repealed, SOR/93-61, s. 9]

PART IV
SPACING OF FISHING GEAR

36. Except as otherwise provided in the Newfoundland Fishery Regulations, the Quebec Fishery Regulations, 1990 or the Maritime Provinces Fishery Regulations or as a condition of a licence, no person shall fish with a drift net or any fixed gear other than a hand-line within

(a) subject to paragraph (b), 200 m of any previously set fixed gear other than a hand-line; or

(b) 300 m of a weir that is in fishing order. SOR/93-61, ss. 10, 53(F).

37. (1) Subject to subsections (2) and (3), the master of a vessel fishing with mobile gear shall maintain a distance of at least one-half nautical mile between his vessel, including any mobile gear attached thereto, and any previously set fishing gear.

(2) Where a person is fishing for herring in Herring Fishing Area 15, 16, 20 or 21, he shall not operate mobile gear within one nautical mile of any previously set weir or trap net.

(3) Where a person is fishing for capelin, herring or mackerel in any of the waters of Capelin Fishing Areas 1 to 14, Herring Fishing Areas 1 to 14 or Mackerel Fishing Areas 1 to 14, he shall not fish with mobile gear within 400 m of any previously set fixed gear. SOR/93-61, s. 53(F).

PART V
PELAGICS

38. In this Part, "length"

(a) in relation to a herring or a mackerel, means the distance measured in a straight line from the tip of the nose to the fork of the tail; and

(b) in relation to a swordfish, means the distance measured in a straight line from the tip of the lower jaw to the fork of the tail. SOR/94-292, s. 2.

Capelin

39. No person shall fish for capelin in a Capelin Fishing Area referred to in an item of Schedule V with the type of vessel and gear set out in a subitem of that item during the close time set out in that subitem.

Herring

40. Subject to sections 41 to 43, no person other than the holder of a bait fishing licence for herring shall fish for herring in a Herring Fishing Area referred to in an item of Schedule VII with the type of gear set out in a subitem of that item during the close time set out in that subitem.

41. No person shall fish for herring in the waters set out in an item of Schedule VIII with mobile gear from a vessel of a length set out in that item during the close time set out in that item.

42. No person shall fish for herring in the waters of St. Paul's Inlet in Herring Fishing Area 14 lying inside of the Highway 430 bridge during the period beginning on February 1 and ending on December 31. SOR/93-61, s. 11(E).

43. Where, pursuant to these Regulations, a person is prohibited from fishing for herring at a time and place at which he is engaged in a fishing trip for mackerel, that person may retain a quantity of incidentally caught herring that does not exceed a fishing quota of 10 per cent of the weight of the mackerel caught and retained during the fishing trip.

44. (1) Subject to subsections (2) and (4), no person shall fish for, buy, sell or have in his possession any herring that is less than 26.5 cm in length.

(2) Subsection (1) does not apply with respect to herring that are less than 26.5 cm in length where

(a) the catching of the herring was incidental to the catching of longer herring; and

(b) the number of herring less than 26.5 cm in length retained during any one fishing trip does not exceed 10% of the number of longer herring that were caught and retained during that fishing trip.

(3) For the purposes of subsection (2), the percentage shall be determined on the basis of four or more samples taken from the catch, with each sample containing 50 or more herring.

(4) Subsection (1) does not apply with respect to herring caught under the authority of a licence for herring fishing with

(a) gill nets;

(b) any fishing gear in Herring Fishing Areas 20 or 21; or

(c) fixed gear in the St. Lawrence River estuary upstream of a straight line joining Latitude 48°54'N., Longitude 68°40'W. to Latitude 48°38'N., Longitude 68°10'W. SOR/93-61, s. 12(E); SOR/2003-137, s. 7(E).

45. No person shall, during the period beginning on May 1 and ending on December 31, fish for herring with a gill net that

(a) has a mesh size greater than 83 mm; or

(b) contains monofilament in the netting. SOR/93-61, s. 13.

45.1 (1) No person who is the master of a fishing vessel shall land or permit to be landed from the vessel, at a port in Herring Fishing Areas 13 to 22 or onto a foreign fishing vessel, herring caught by means of mobile gear unless

(a) the herring is inspected by a fishery officer before it is landed; or

(b) where no fishery officer is available to inspect the herring, the master of the vessel obtains permission from a fishery officer to land the herring.

(2) Every person who is the master of a fishing vessel who lands from the vessel, at a port in Herring Fishing Areas 13 to 22 or onto a foreign fishing vessel, herring caught by means of mobile gear shall

(a) at the time the herring is landed, accurately determine the weight of the herring using scales or a volume measure having weight graduations;

(b) immediately and clearly enter into a record the weight of the herring referred to in paragraph (a); and

(c) keep on board the vessel for one year the record referred to in paragraph (b). SOR/89-203, s. 2.

45.2 No person who is the master of a fishing vessel shall land or permit to be landed from the vessel, outside Canadian fisheries waters, herring caught by means of mobile gear unless, before it is landed,

(a) the herring is inspected by a fishery officer at a Canadian port; or

(b) where no fishery officer is available to inspect the herring at a Canadian port, the master of the vessel obtains permission from a fishery officer to land the herring outside Canadian fisheries waters. SOR/89-203, s. 2.

45.3 Where the quantity of herring permitted to be taken by means of a vessel using mobile gear is specified as a condition of a licence, the master of the vessel that operates under that licence shall, before commencing a herring fishing trip, accurately record in the appropriate part of that licence the weight of all herring landed from the previous herring fishing trip, including any herring taken by that master but landed from another fishing vessel. SOR/89-203, s. 2 .

Mackerel

46. Subject to section 47, no person other than the holder of a licence for bait fishing for mackerel shall fish for mackerel in a Mackerel Fishing Area referred to in an item of Schedule X with a type of vessel and gear set out in a subitem of that item during the close time set out in that subitem.

47. Where, pursuant to these Regulations, a person is prohibited from fishing for mackerel at a time and place at which he is engaged in a fishing trip for herring, that person may retain a quantity of incidentally caught mackerel that does not exceed a fishing quota of 10 per cent of the weight of the herring caught and retained during the fishing trip.

48. (1) Subject to subsections (2) and (4), no person shall fish for, buy, sell or have in his possession any mackerel that is less than 25 cm in length.

(2) Subsection (1) does not apply with respect to mackerel that are less than 25 cm in length where

(a) the catching of the mackerel was incidental to the catching of longer mackerel; and

(b) the number of mackerel less than 25 cm in length retained during any one fishing trip does not exceed 10% of the number of longer mackerel caught and retained during the fishing trip.

(3) For the purposes of subsection (2), the percentage shall be determined on the basis of four or more samples taken from the catch, with each sample containing 50 or more mackerel.

(4) Subsection (1) does not apply with respect to mackerel caught with gill nets. SOR/93-61, s. 14(E); SOR/2003-137, s. 8(E).

49. No person shall, during the period beginning on May 1 and ending on December 31, fish for mackerel with a gill net that

(a) has a mesh size greater than 83 mm; or

(b) contains monofilament in the netting. SOR/93-61, s. 15.

Shark

49.1 (1) No person shall fish for shark with any gear other than angling gear, a hand-line or longline gear.

(2) No person shall fish for shark in any Subarea

(a) using a vessel that is less than 19.8 m in overall length during the period from December 30 to December 31;

(b) using a vessel that is 19.8 m or more in overall length but less than 30.5 m in overall length during the period from December 30 to December 31; and

(c) using a vessel that is 30.5 m or more in overall length during the period from December 30 to December 31. SOR/94-292, s. 3.

Swordfish

50. (1) No person shall fish for swordfish during the period December 30 to December 31.

(2) Subject to subsection (3), no person shall be in possession of any swordfish that is less than 125 cm in length.

(3) Subsection (2) does not apply where

(a) the catching of the swordfish that are less than 125 cm in length was incidental to the catching of longer swordfish; and

(b) the number of swordfish less than 125 cm in length that are retained during any one fishing trip does not exceed a fishing quota of 15 per cent of the number of longer swordfish that are retained during that fishing trip. SOR/94-292, s. 4.

PART VI
SHELLFISH

[SOR/93-61, s. 16(F)]

51. In this Part,

"Atlantic razor clam" means the shellfish the scientific name of which is Ensis directus; (couteau de l'Atlantique)

"clam" means the Atlantic razor clam, the soft-shell clam and the surf clam; (clam)

"drag rake" means a device used in fishing for shellfish that is towed along the bed of the water by a vessel, but does not include a hydraulic device or a mechanical device; (râteau traînant)

"hydraulic device" means a device used in fishing for shellfish whereby the shellfish are lifted from the bed of the water by the use of water under pressure; (dispositif hydraulique)

"length" means

(a) in relation to a lobster, the distance from the rear of either eye socket to the rear end of the carapace, measured along a straight line parallel to the centre line of the carapace of the lobster, and

(b) in relation to a clam, mussel or oyster, the distance measured in a straight line through the longest part of the shell; (longueur)

"mechanical device" means any device or equipment used in fishing for shellfish that is not

(a) a hand-held tool,

(b) a drag rake, or

(c) a hydraulic device; (dispositif mécanique)

"mussel" means the shellfish the scientific name of which is Mytilus edulis or Modiolus modiolus; (moule)

"oyster" means the shellfish the scientific name of which is Crassostrea virginica or Ostrea edulis; (huître)

"shell height", in relation to a scallop, means the distance from the outer edge of the shell at the midpoint of the hinge to the farthest point on the outer edge of the shell opposite to the hinge, measured in a straight line; (hauteur de la coquille)

"soft-shell clam" means the shellfish the scientific name of which is Mya arenaria; (mye)

"Stimpson's surf clam" means the shellfish the scientific name of which is Mactromeris polynyma; (mactre de Stimpson)

"surf clam" means the shellfish the scientific name of which is Spisula solidissima, but does not include the Stimpson's surf clam; (mactre)

"width", in relation to a clam or crab, means the distance measured in a straight line through the greatest breadth of the shell of the clam or crab. (largeur) SOR/87-672, s. 3; SOR/93-61, s. 17; SOR/2003-314, s. 2.

Clams, Mussels and Oysters

Application

51.1 (1) Sections 51.2 to 51.9 apply in respect of fishing for clams, mussels and oysters in the inland waters and tidal waters, including the foreshore of those waters, within or adjacent to the Province of Quebec.

(2) Section 13 does not apply in respect of fishing for clams, mussels and oysters in the waters referred to in subsection (1). SOR/93-61, s. 18; SOR/2003-314, s. 3.

Length Restrictions, Close Times and Other Restrictions

51.2 No person shall catch and retain or possess any shellfish of a species set out in column I of an item of the table to this section, the length of which is less than the minimum length set out in column II of the item.

TABLE

SOR/2003-314, s. 3.

51.3 (1) No person shall engage in commercial fishing for a species set out in column II of an item of Schedule X.1 in the waters set out in column I by a method set out in column III during the close time set out in column IV of the item.

(2) No person shall engage in recreational fishing for a species set out in column II of an item of Schedule X.1 in the waters set out in column I during the close time set out in column IV of the item. SOR/2003-314, s. 3.

Licences

51.4 (1) Subject to subsection (2), no person shall fish for clams, mussels or oysters unless the person is authorized to do so under a licence issued under these Regulations.

(2) Subsection (1) does not apply to persons engaged in recreational fishing for clams, mussels or oysters. SOR/2003-314, s. 3.

51.5 The Minister may, on application and payment of the fee set out in column II of an item of the table to this section, issue a licence described in column I of the item.

TABLE

SOR/2003-314, s. 3.

Fishing for Purposes of Replanting

51.6 Despite any length restriction or close time set out in this Part, a person may, under the authority of a fishing licence for the purpose of replanting issued under this Part, fish for clams, mussels or oysters for the purpose of replanting them in a location that supports their growth, their condition or their accessibility. SOR/2003-314, s. 3.

Recreational Fishing

51.7 No person engaged in recreational fishing for clams, mussels or oysters shall fish by any means other than by means of hand or hand-held tools. SOR/2003-314, s. 3.

51.8 No person engaged in recreational fishing for clams, mussels or oysters shall fish during the period that begins half an hour after sunset on one day and ends half an hour before sunrise on the following day. SOR/2003-314, s. 3.

51.9 No person engaged in recreational fishing for clams, mussels or oysters shall catch and retain, in any one day, a quantity of a species of shellfish set out in column I of an item of the table to this section that is greater than the quota set out in column II of the item.

TABLE

SOR/2003-314, s. 3.

Crab

52. No person shall, in a Crab Fishing Area set out in column I of an item of Schedule XII, during the close time set out in column II of that item,

(a) subject to section 55, fish for crab;

(b) possess any crab unless the crab is being transported under the authority of a fish transporting licence issued under these Regulations; or

(c) subject to section 52.1, have a crab trap on board a vessel. SOR/93-61, s. 19.

52.1 (1) A fishery officer may in writing authorize a person to transport crab traps during a close time in a Crab Fishing Area for the purpose of the sale, repair or storage of those traps.

(2) A person shall not transport crab traps pursuant to an authorization referred to in subsection (1) except from and to such locations, in such quantities and on such dates as are set out in that authorization. SOR/93-61, s. 19.

53. No person shall have in his possession

(a) any female crab;

(b) any snow crab that is less than 95 mm in width; or

(c) in a Crab Fishing Area, any crab part or crab meat separated from the carapace of a crab. SOR/88-232, s. 1.

54. (1) Subject to section 55, no person shall fish for crab except from a vessel and with a crab trap.

(2) No person shall fish with or have on board a vessel

(a) a crab trap that has a mesh size less than 65 mm; or

(b) a crab trap the volume of which exceeds 2.1 m³ when measured on the exterior.

(3) In Crab Fishing Areas 1 to 11, no person shall fish with or have on board a vessel

(a) a crab trap other than a cone-shaped trap; or

(b) a cone-shaped crab trap that has a bottom ring with an inside diameter greater than 133 cm.

55. Where a person is fishing for lobster in accordance with these Regulations, that person may, without a licence for crab fishing, retain any male rock crabs caught in his lobster traps.

56. (1) No person shall fish with or have on board a vessel a crab trap unless a valid tag issued by the Minister is securely attached to the frame of the trap in the manner for which the tag was designed and in such a manner that the tag is readily visible when the trap is not in the water.

(2) For the purposes of subsection (1), a tag is valid only for the year indicated thereon and is valid only if it bears a tag number set out in a licence authorizing the use of that vessel in fishing for crab.

(3) No person shall fish with a crab trap that has attached to it a tag where the tag has been tampered with or where the tag number is illegible.

(4) No person shall have on board a vessel a crab trap that has attached to it a tag referred to in subsection (1) where the tag has been tampered with or where the tag number is illegible. SOR/93-61, s. 20(F).

Lobster

57. (1) No person shall, in a Lobster Fishing Area set out in column I of an item of Schedule XIV, during the close time set out in column II of that item,

(a) fish for lobster;

(b) possess any lobster unless the lobster is being transported under the authority of a fish transporting licence issued under these Regulations; or

(c) subject to section 58, have a lobster trap on board a vessel.

(2) No person shall possess, in a Lobster Fishing Area set out in column I of an item of Schedule XIV, a lobster of a length that is less than the length set out in column III of that item.

(3) No person shall possess, in a Lobster Fishing Area set out in column I of an item of Schedule XIV, any claw, tail or meat that has been separated from the thorax or carapace of a lobster.

(4) No person shall fish for lobster in the lagoons of the Magdalen Islands in Lobster Fishing Area 22. SOR/93-61, s. 21; SOR/93-215, s. 1.

58. (1) A fishery officer may in writing authorize a person to transport lobster traps during a close time in a Lobster Fishing Area for the purpose of the sale, repair or storage of those traps.

(2) A person shall not transport lobster traps pursuant to an authorization referred to in subsection (1) except from and to such locations, in such quantities and on such dates as are set out in that authorization. SOR/93-61, s. 22.

59. (1) Subject to subsection (2), no person shall buy, sell or have in his possession any lobster that is less than 63.5 mm in length.

(2) In the Province of Newfoundland, no person shall buy, sell or have in his possession any lobster that is less than 81 mm in length.

(3) No person shall buy, sell or have in their possession any female lobster with eggs attached.

(4) No person shall buy, sell or have in his possession

(a) any female lobster from which eggs have been washed or removed in whole or in part; or

(b) any female lobster that has egg cement or glue on its swimmerets. SOR/93-61, s. 23(F); SOR/2003-137, s. 9.

60. [Repealed, SOR/2003-137, s. 10]

61. (1) No person shall fish for lobster except from a vessel and with a lobster trap.

(2) Subject to subsection (3), where a person is fishing for lobster, he shall not have any mobile gear on board his vessel.

(3) The holder of a licence for bait fishing that authorizes the use of an otter trawl in fishing for bait may have an otter trawl on board his vessel while he is fishing for lobster in Lobster Fishing Area 22.

(4) Except in Lobster Fishing Area 41, no person shall fish with or have on board a vessel a lobster trap that exceeds

(a) 125 cm in its greatest length;

(b) 90 cm in its greatest width; or

(c) 50 cm in its greatest height. SOR/87-440, s. 1; SOR/89-85, s. 1(F); SOR/89-204, s. 1; SOR/93-30, s. 1; SOR/96-220, s. 1.

(5) [Repealed, SOR/93-30, s. 1]

(6) [Repealed, SOR/96-220, s. 1]

61.1 In Lobster Fishing Areas 1 to 22 and 27 to 41, no person shall fish with, or have on board a vessel, a lobster trap unless the trap

(a) has in one exterior wall of each parlour an escape panel that provides, when removed, an unobstructed opening not less than 89 mm in height and 152 mm in width and that is fastened to the lobster trap with

(i) untreated cotton or sisal twine that does not exceed 4.8 mm in diameter, or

(ii) uncoated ferrous metal wire, other than of stainless steel, that does not exceed 1.6 mm in diameter; or

(b) is a wooden lobster trap that has in one exterior wall of each parlour two softwood laths that are adjacent to each other and that are not treated with a wood preservative. SOR/93-30, s. 2.

62. (1) Subject to subsection (3), no person shall fish with or have on board a vessel a lobster trap unless a valid tag issued by the Minister is securely attached to the frame of the trap in the manner for which the tag was designed and in such a manner that the tag is readily visible when the trap is not in the water.

(2) For the purposes of subsection (1), a tag is valid only for the period specified in the licence authorizing the use of a vessel in fishing for lobster and is valid only if it bears a tag number set out in that licence.

(3) Subsection (1) does not apply in Lobster Fishing Areas 1 to 11.

(4) No person shall fish with a lobster trap that has attached to it a tag where the tag has been tampered with or where the tag number is illegible.

(5) No person shall have on board a vessel a lobster trap that has attached to it a tag referred to in subsection (1) where the tag has been tampered with or where the tag number is illegible. SOR/93-61, s. 25(F).

Scallops

63. (1) Except for the waters described in subsections (3) to (5), no person shall fish for scallops in a Scallop Fishing Area referred to in column I of an item of Schedule XVI from a vessel of a class set out in column II of that item during the close time set out opposite that class of vessel in column III thereof.

(2) [Repealed, SOR/87-672, s. 4]

(3) No person shall fish for scallops by any means during the period May 1 to November 30 in the waters of Digby Gut and Annapolis Basin in Scallop Fishing Area 28A inside of a straight line joining Latitude 44°41'30"N., Longitude 65°47'12"W. (Light Tower at Prim Point) to Latitude 44°41'12"N., Longitude 65°45'36"W. (Fog Alarm Building).

(4) No person shall fish for scallops by any means during the period of May 1 to September 30 in that portion of Scallop Fishing Area 28A that is within six nautical miles of the shores of Annapolis and Digby Counties and lying between a line bearing 342° true from Latitude 44°48'52"N., Longitude 65°32'21"W. (East Breakwater, Parkers Cove, Annapolis County, Nova Scotia) and a line bearing 342° true from Latitude 44°29'56"N., Longitude 66°06'30"W. (Sandy Cove, Digby County, Nova Scotia) but not including the waters of Digby Gut and Annapolis Basin described in subsection (3).

(4.1) No person shall fish for scallops by means of a scallop drag during the period beginning on April 1 and ending at 08:00 on the second Tuesday in January next following in that portion of Scallop Fishing Area 28B (the waters in the area of Grand Manan Island) bounded by straight lines joining the following points in the order in which they are listed:

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(4.2) No person shall fish for scallops by any means during the period beginning on April 1 and ending at 08:00 on the second Tuesday in January next following in that portion of Scallop Fishing Area 28B lying in the Bay of Fundy bounded by the Canada/United States Boundary; a straight line joining a point on the Canada/United States Boundary at Latitude 45°04'33"N., Longitude 67°05'45"W. to a point on Joe's Point on the coastline of New Brunswick at Latitude 45°04'33"N., Longitude 67°04'56"W.; the coastline of New Brunswick; and straight lines joining the following points in the order in which they are listed:

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(5) During the period May 1 to October 31, no person shall fish for scallops by any means in that portion of Scallop Fishing Area 29 bounded by the coastline of Lunenburg County, Nova Scotia, and straight lines joining the following points in the order in which they are listed:

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SOR/87-672, s. 4; SOR/93-61, s. 26(F); SOR/94-59, s. 1.

64. (1) Subject to subsection (4), no person shall catch and retain or have on board a vessel any scallops the number of meats of which exceeds an average count of

(a) 72 meats per 500 g, where the scallops were caught in Scallop Fishing Area 28A, 28B, 28C or 28D during the period May 1 to September 30;

(b) 55 meats per 500 g, where the scallops were caught in Scallop Fishing Area 28A, 28B, 28C or 28D during the period October 1 to April 30;

(c) 52 meats per 500 g, where the scallops were caught in Scallop Fishing Area 22 or 24;

(c.1) 39 meats per 500 g, where the scallops were caught in Scallop Fishing Area 21;

(d) 45 meats per 500 g, where the scallops were caught in Scallop Fishing Area 25; or

(e) 33 meats per 500 g, where the scallops were caught in Scallop Fishing Area 1, 2, 11 to 20, 23, 26, 27 or 29 or in that part of Scallop Fishing Area 10 west of Longitude 55°10'W.

(2) For the purposes of subsection (1), the average count shall be determined on the basis of eight or more samples of scallop meats, each sample weighing 500 g or more.

(3) For the purposes of subsection (1), any scallops caught and retained or any scallops or scallop meats on board a vessel shall be regarded as having been caught in the Scallop Fishing Area in which that vessel is permitted to fish under a licence or under a written authorization referred to in subsection 66(1).

(4) Subsection (1) does not apply to a person fishing for scallops

(a) under a licence for recreational fishing; or

(b) from a vessel less than 19.8 m in overall length in an area other than Scallop Fishing Area 21, 22, 24, 27, 28A, 28B, 28C or 28D.

(5) No person shall

(a) have on board a vessel that is outside Scallop Fishing Area 27 any scallop caught in Scallop Fishing Area 27, unless the shell height of that scallop is 105 mm or greater; or

(b) catch and retain or have on board a vessel in Scallop Fishing Area 28A, 28B, 28C or 28D any scallop unless the shell height of that scallop is 76 mm or greater. SOR/87-672, s. 5; SOR/88-208, s. 1; SOR/91-225, s. 1; SOR/94-59, s. 2.

65. [Repealed, SOR/91-225, s. 2]

66. (1) No holder of a licence for scallop fishing shall use a vessel less than 19.8 m in overall length to fish for scallops in Scallop Fishing Area 27 except under a written authorization from a fishery officer.

(2) A written authorization referred to in subsection (1) is valid only for the period specified therein.

(3) All scallops caught and retained by the holder of a written authorization referred to in subsection (1) shall be regarded as having been caught in Scallop Fishing Area 27. SOR/93-61, s. 52(F).

67. [Repealed, SOR/91-225, s. 3]

67.1 (1) For the purposes of this section, "fishing vessel" means a fishing vessel 19.8 m or more in overall length or a fishing vessel operating under a written authorization referred to in subsection 66(1).

(2) No person who is master of a fishing vessel shall land or permit to be landed from that vessel any scallops or scallop meats unless that person notifies a fishery officer, not less than 12 hours before that vessel arrives in port, of

(a) the port where the scallops or scallop meats will be landed; and

(b) the time when the scallops or scallop meats will be landed.

(3) No person shall land scallops or scallop meats from a fishing vessel except

(a) at the port and after the time given in a notification made pursuant to subsection (2); or

(b) with the permission of a fishery officer.

(4) A fishery officer may direct that no scallops or scallop meats be landed from a fishing vessel until the fishery officer has inspected them.

(5) No person shall land scallops or scallop meats contrary to a direction given pursuant to subsection (4).

(6) [Repealed, SOR/91-498, s. 5]

(7) Where scallops or scallop meats caught in Scallop Fishing Area 26 or 27 are landed from a fishing vessel, the holder of the licence authorizing that vessel to be used for scallop fishing shall, using scales, accurately determine the weight of those scallops or scallop meats at the time they are landed from that vessel. SOR/87-672, s. 6; SOR/91-498, s. 5.

68. No person shall fish for scallops by any means other than by a scallop drag, by diving, by dip-netting or by tongs. SOR/93-61, s. 51(F).

69. No person fishing for scallops under a recreational fishing licence shall take more than 100 scallops in any one day.

70. No person shall have a scallop drag on board a vessel in any Scallop Fishing Area, other than in Scallop Fishing Areas 26 and 27, unless

(a) the use of that vessel in fishing for scallops in that Area at that time is authorized under these Regulations; or

(b) that scallop drag is unshackled and stowed. SOR/94-59, s. 3.

70.1 In Scallop Fishing Area 27, no person shall have a scallop drag on board a vessel unless the use of that vessel in fishing for scallops in that Area at that time is authorized under these Regulations. SOR/94-59, s. 3.

70.2 (1) In Scallop Fishing Area 26, no person shall have a scallop drag on board a vessel unless

(a) the use of that vessel in fishing for scallops in that Area at that time is authorized under these Regulations; or

(b) that vessel is transiting Scallop Fishing Area 26 under a written authorization issued pursuant to subsection (2) and that scallop drag is unshackled and stowed.

(2) A fishery officer shall issue an authorization referred to in paragraph (1)(b), upon the application of the master of a vessel, where

(a) the home port of the vessel is in Scallop Fishing Area 29; and

(b) the use of that vessel to fish for scallops in Scallop Fishing Area 28A, 28B, 28C or 28D at that time is authorized under these Regulations.

(3) The authorization issued pursuant to subsection (2) shall state the period during which the authorization is valid. SOR/94-59, s. 3.

71. In Scallop Fishing Area 28A, 28B, 28C or 28D, no person shall fish

(a) with an offshore scallop drag;

(b) with a Green sweep scallop drag;

(c) with a scallop drag or combination of scallop drags greater than 5.5 m in total width; or

(d) with a scallop drag with a bag that has rings of less than 82 mm inside diameter. SOR/87-672, s. 7; SOR/94-59, s. 4.

Shrimp

72. No person shall fish for shrimp in a Shrimp Fishing Area referred to in an item of Schedule XVIII during the close time set out in that item.

73. No person shall fish for shrimp with an otter trawl that has a mesh size less than 40 mm.

Squid

74. No person shall fish for squid in a Squid Fishing Area referred to in an item of Schedule XX with a type of vessel and gear set out in a subitem of that item during the close time set out in that subitem.

75. No person shall fish for squid with an otter trawl that has a mesh size less than 60 mm.

PART VII
SALMON

76. In this Part,

"grilse" means a salmon that is less than 63 cm but not less than 30 cm in length; (castillon)

"length", in relation to a salmon, means the distance measured in a straight line from the tip of the nose to the fork of the tail. (longueur)

Close Times

77. Subject to section 78, no person shall fish for salmon in a Salmon Fishing Area referred to in an item of Schedule XXII with the type of gear set out in that item during the close time set out in that item.

78. (1) Where a person is fishing for salmon in Salmon Fishing Areas 1 to 14 with a gill net or trap net inshore of a point in any bay, inlet, river or sound where the bay, inlet, river or sound is less than six nautical miles in width, that person shall

(a) remove that gill net or the leader of that trap net from the water, or

(b) raise that gill net or the leader of that trap net and tie it to its head or float rope in such a manner that it is incapable of catching salmon,

for the period from 18:00 h on Saturday to 18:00 h on the Sunday following.

(2) Where a person is fishing for salmon in Salmon Fishing Areas 15 to 18 with a gill net or trap net, that person shall

(a) remove the gill net or the leader of the trap net from the water, or

(b) raise the gill net or the leader of the trap net and tie it to its head or float rope in such a manner that it is incapable of catching salmon,

for the period from 08:00 h on Saturday to 08:00 h on the Monday following.

(3) Where a person is fishing for salmon in Salmon Fishing Areas 19 to 23 with a gill net or trap net inshore of a point in any bay, inlet, river or sound where the bay, inlet, river or sound is less than six nautical miles in width, that person shall

(a) remove the gill net or the leader of the trap net from the water, or

(b) raise the gill net or the leader of the trap net and tie it to its head or float rope in such a manner that it is incapable of catching salmon,

for the period from 08:00 h on Saturday to 08:00 h on the Monday following. SOR/93-61, s. 27(F).

Minimum Size

79. No person shall have in his possession any salmon that is less than 30 cm in length. SOR/93-61, s. 28(F).

Gear Restrictions

80. No person shall fish for salmon

(a) by any means other than a gill net or trap net; or

(b) with a gill net or trap net that contains monofilament in the netting.

81. (1) Subject to subsection (2), no person shall fish for salmon in Salmon Fishing Areas 1 to 14 with a gill net or trap net that has a mesh size less than 127 mm.

(2) No person shall fish for salmon

(a) in the waters of St. George's Bay, in Salmon Fishing Area 13, or

(b) in waters contiguous to the south coast of the Province of Newfoundland from Cape Pine to Terrenceville, including the waters of

(i) St. Mary's Bay,

(ii) Placentia Bay, and

(iii) Fortune Bay contiguous to the Burin Peninsula

with a gill net or trap net that has a mesh size less than 114 mm.

82. (1) No person shall fish for salmon in Salmon Fishing Areas 1 to 14 with

(a) a gill net that exceeds 183 m in length or that is less than 45 m in length; or

(b) a trap net that exceeds 183 m in length measured from the back of the trap to the outer end of the leader.

(2) No person shall fish for salmon with a trap net in that portion of Conception Bay, Newfoundland (Longer Gulch, Bradbury's Bight area) in Salmon Fishing Area 7 that is enclosed by the eastern shore of Conception Bay and straight lines joining the following points in the order in which they are listed:

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83. No person shall fish for salmon with a drift net except in

(a) that portion of Salmon Fishing Area 16 (Miramichi Bay) enclosed by the coastline of New Brunswick and

(i) a line joining Latitude 47°26'N., Longitude 64°53'12"W. (pointe à Barreau) to Latitude 47°04'24"N., Longitude 64°21'45"W., thence to Latitude 47°00'48"N., Longitude 64°49'40"W. (Eel River), and

(ii) a straight line joining Latitude 47°04'30"N., Longitude 64°48'W. (Escuminac) to Latitude 47°15'23"N., Longitude 65°03'18'W. (Lower Neguac);

(b) that portion of Salmon Fishing Area 22 (Minas Basin) inside of a straight line joining Latitude 45°20'N., Longitude 64°30'W. (Cape Split) to Latitude 45°22'N., Longitude 64°23'W. (Cape Sharp);

(c) that portion of Salmon Fishing Area 23 (Shepody Bay) inside of a straight line joining Latitude 45°43'40"N., Longitude 64°33'15"W. (Cape Maringouin) to Latitude 45°43'N., Longitude 64°39'W. (Marys Point); or

(d) that portion of Salmon Fishing Area 23 (Saint John River) inside a straight line joining Latitude 45°12'N., Longitude 65°55'W. (Cape Spencer) and Latitude 45°04'N., Longitude 66°27'W. (Point Lepreau). SOR/93-61, s. 29(E).

84. No holder of a licence to fish for salmon in Salmon Fishing Area 2 shall fish for salmon with a net of any kind in that portion of the Eagle River estuary lying upstream of a straight line joining Separation Point to Cooper's Point unless the holder is authorized to do so as a condition of his licence.

Tagging of Salmon

85. (1) Where a person who, pursuant to these Regulations or a written permission referred to in section 4 of the Act, is authorized to fish for salmon in any of Salmon Fishing Areas 1 to 23 catches and retains a salmon, the person shall forthwith affix thereto a valid salmon tag issued to that person by the Minister, together with the licence or written permission, by firmly fastening the tag to and securely locking it on the salmon so that it cannot be removed without tampering with the lock, breaking or cutting the tag or without cutting or tearing any part of the salmon.

(2) For the purposes of subsections (1) and (4), a salmon tag is valid only for the year indicated thereon and is valid only if

(a) it bears a tag number set out in a licence or written permission authorizing the person referred to in subsection (1) to fish for salmon;

(b) the tag number is legible;

(c) it has not been tampered with; and

(d) an orange salmon tag where the salmon is caught and retained under Part XII.

(3) Where, pursuant to subsection (1), a person affixes a salmon tag, he shall affix

(a) a red salmon tag where the salmon is not a grilse and is caught and retained by a person who is licensed to fish for salmon pursuant to these Regulations;

(b) a red or yellow salmon tag where the salmon is a grilse and is caught and retained by a person who is licenced to fish for salmon pursuant to these Regulations; and

(c) a brown salmon tag where the salmon is caught and retained under a written permission referred to in section 4 of the Act.

(d) [Repealed, SOR/93-337, s. 3]

(3.1) Subject to subsection (5), no person shall be in possession of a salmon in Salmon Fishing Areas 1 to 14 or in the Province of Newfoundland unless the salmon is tagged in accordance with the provisions of this section.

(4) Subject to subsection (5), no person shall be in possession of a salmon in any of Salmon Fishing Areas 15 to 23 unless the salmon is tagged in accordance with these Regulations, the Maritime Provinces Fishery Regulations or the National Parks Fishing Regulations.

(4.1) Subsections (3.1) and (4) do not apply with respect to salmon caught under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations.

(5) No person shall remove a salmon tag that is affixed to a salmon in accordance with this section except at the time the salmon is prepared for consumption. SOR/87-313, s. 1; SOR/89-268, s. 3; SOR/93-61, s. 30; SOR/93-337, s. 3.