Quebec Fishery Regulations, 1990

1. These Regulations may be cited as the Quebec Fishery Regulations, 1990.

2. (1) In these Regulations,

(b) is made of netting with a minimum mesh size of 5.7 cm; (cage à anguilles d’Amérique)

“angling” means fishing by means of a line or a rod and line, to which is attached a baited hook or an artificial lure, but does not include fishing by means of a night line; (pêche à la ligne)

“Area” means an area of the Province designated as a fishing area under the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1, or a portion of an area of the Province designated as a fishing area under that Act if that portion is described in an order made under section 4 concerning Part I of any of Schedules I to XXV; (zone)

“artificial fly” means one or more hooks dressed with silk, tinsel, wool, fur, feathers or any combination of those or other materials, but does not include a fly that has a spinning or undulating device, or a weight that causes the fly to sink; (mouche artificielle)

(e) is equipped with funnel-shaped openings, the smallest diameter of which does not exceed 2.5 cm; (bourolle)

“Centre d’étude et de recherche Manicouagan” [Repealed, SOR/2001-51, s. 1]

“common-law partner” in relation to an individual means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait);

“controlled zone” or “Z.E.C.” means an area of the Province so designated under the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1; (zone d’exploitation contrôlée ou ZEC)

“county” means an electoral district described in the Territorial Division Act of Quebec, R.S.Q., c. D-11; (comté)

“Director” means a person who works in the Wildlife Sector of the Ministry, and who occupies a managerial position with respect to fisheries; (directeur)

(d) is equipped with openings, the largest dimension of which does not exceed 2.5 cm, and

“fly fishing” means angling by means of a rod and line to which are attached artificial flies; (pêche à la mouche)

“hook” means a single-pointed or multiple-pointed hook on a common shaft and includes an artificial lure that has one or more pointed hooks attached as part of it; (hameçon)

(a) consists of a series of interconnected conical pockets narrowing at equal distances to a point,

“landing net” means a bag-shaped net that is mounted on a frame such that any dimension of the net does not exceed 90 cm; (épuisette)

“leader” means a vertical panel that is attached to the front of a fishing net in order to lead fish towards the opening in the net; (guideau)

(a) in respect of a sturgeon, the distance measured from the posterior edge of the branchial slit to the posterior joint of the dorsal fin,

(b) in respect of an eel or a yellow perch, the distance measured from the tip of the snout to the tip of the caudal fin, and

“licence” means a document issued under these Regulations conferring on the holder the privilege to do the things described in the document, subject to the Fisheries Act, these Regulations and the terms and conditions prescribed in the licence; (permis)

(a) in respect to netting, the distance between the extreme angles of a single mesh measured inside the knots after being stretched to form two parallel straight lines, and

(b) in respect of plastic or wire mesh, the greatest distance across the opening of the mesh; (maillage)

(a) in respect of the issuing of the commercial fishing licences listed in column I of subitems 1(6) to (20) of Part II of Schedule XXVII, the Quebec Minister of Agriculture, Fisheries and Food, and

(b) in all other cases, the Minister of Natural Resources, Wildlife and Parks of Quebec or the Associate Minister of Forests, Wildlife and Parks for Quebec; (ministre)

“Ministry” means the Ministry of Natural Resources, Wildlife and Parks of Quebec; (ministère)

“night line” means a line to which hooks are attached at intervals, but does not include a line used in angling; (ligne dormante)

“park” means an area of the Province so designated under the Parks Act of Quebec, R.S.Q., c. P-9; (parc)

“provincial legislation” means the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1, the Act respecting Commercial Fisheries and Aquaculture of Quebec, R.S.Q., c. P-9.01, or the Parks Act of Quebec, R.S.Q., c. P-9, and includes any regulations made under those Acts; (législation provinciale)

“resident” has the same meaning as in the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1; (résident)

“salmon pool” means a place in a salmon river identified as a salmon pool by means of posted notices; (fosse à saumons)

“salmon river” means a river, or a part of a river, that is set out in Part IV of any of Schedules I, II, III, XV, XVIII to XXI, XXIII and XXIV; (rivière à saumons)

“seine” means a net that hangs vertically in the water with floats attached at the top and weights attached at the bottom, the ends of which are brought together or hauled to catch fish without enmeshing them; (seine)

“size” means, in relation to the hook of an artificial fly, the size of the hook as calibrated according to the Redditch Scale for salmon flies; (taille)

“tailer” means a device that consists of a snare attached to the end of a handle that ensnares fish by gripping them around the tail; (serre-queue)

(a) those parts of the Gulf of St. Lawrence and the Baie des Chaleurs between the coastline of Quebec and an imaginary line commencing at the terminus of the Labrador-Quebec boundary in the Gulf of St. Lawrence, thence along a rhumb-line to a point at Latitude 49°25′N., Longitude 60°00′W.; thence along a rhumb-line to a point at Latitude 47°02′18″N., Longitude 60°45′W.; thence along a rhumb-line to a point at Latitude 47°08′25″N., Longitude 64°01′10″W.; thence due north to a point at Latitude 48°12′15″N., Longitude 64°02′10″W.; thence following the Quebec-New Brunswick boundary in the Baie des Chaleurs to the Campbellton Bridge,

(b) that part of the St. Lawrence River downstream from an imaginary line drawn from a point at Latitude 47°01′57″N., Longitude 70°48′40″W. (Pointe-aux-Prêtres) to a point at Latitude 46°56′06″N., Longitude 70°44′11″W. (Berthier-sur-Mer),

(d) that part of the York River downstream from the Gaspé Bridge; (eaux à marée)

“trammel net” means a weighted net made of a series of three juxtaposed pieces of webbing with the centre web having a smaller mesh size than the side webs; (filet-trémail)

“wildlife reserve” means a park, wildlife sanctuary or controlled zone established under provincial legislation; (territoire faunique)

“wildlife sanctuary” means an area of the Province so designated under the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1; (réserve faunique)

“wing” means a vertical panel made of wire mesh or netting, attached to one or both sides of fishing gear and used to lead fish towards the fishing gear or to catch fish. (aile)

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

(a) unless otherwise specified, begins at 00:01 h on the first day set out and ends at 24:00 h on the last day set out; and

(b) begins and ends in the same calendar year, except that where it is stated to end on a day in a month that occurs earlier in the calendar year than the month in which it begins, the period begins in one calendar year and ends in the next calendar year.

(a) that have only their entrails removed shall be deemed to be the weight of the remaining fish plus one quarter of that weight;

(b) that have only their entrails and head removed shall be deemed to be the weight of the remaining fish plus two thirds of that weight; and

SOR/91-336, s. 1; SOR/93-118, ss. 1, 24; SOR/94-392, s. 1; SOR/95-496, s. 1; SOR/97-203, s. 1; SOR/98-218, s. 1; SOR/99-264, s. 1; SOR/2001-51, s. 1; SOR/2001-438, s. 1; SOR/2003-176, s. 1; SOR/2005-269, s. 1.

3. (1) Subject to subsections (2) and (3), these Regulations apply in respect of the management and control of fishing for freshwater fish and anadromous and catadromous species of fish in the waters of the Province and in tidal waters.

(b) in any waters or facilities of a fish-breeding plant, a fishing pond, a breeding pond or a fish-tank for baitfish within the meaning of the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1.

(3) The fishing restrictions established by these Regulations do not apply to employees of the Ministry while performing their duties.

(4) Sections 7 to 12, 14 and 16 to 18 do not apply to a licence set out in column I of item 2 of Part II of Schedule XXVII.

(5) Except for this section and section 2, subsections 4(3) and (4) and sections 5, 10 and 23, these Regulations 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/95-496, s. 2; SOR/99-264, s. 2; SOR/2001-51, s. 2; SOR/2002-225, s. 7; 2005-269, s. 52..

4. (1) the Minister or a Director may vary close times, fishing quotas or limits on the size or weight of fish applicable to sport fishing that are fixed in respect of an area under these Regulations so that the variation applies in respect of that area or any portion of that area.

(2) the Minister or a Director may vary any close time applicable to commercial fishing under these Regulations in respect of the waters referred to in subsection 3(1) or to any portion of them.

(3) The Minister may vary any close time fixed by the Aboriginal Communal Fishing Licences Regulations in respect of species of fish or waters referred to in subsection 3(1) so that the variation applies to all of the waters or to any portion of them.

(4) The authorized person making a variation under subsection (1), (2) or (3), shall give notice of it to the persons affected or likely to be affected by it using one or more of the following methods:

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

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

(c) having a fishery officer, a fishery guardian or a representative of the Ministry give oral notice of the variation to those persons;

(e) publishing the notice in a newspaper that is circulated in the vicinity of the area affected by the variation;

(g) publishing the notice in a newsletter or guide that deals with sport fishing or commercial fishing in Quebec, published by the Ministry or by the Quebec Ministry of Agriculture, Fisheries and Food.

SOR/91-391, s. 1; SOR/94-392, s. 2; SOR/95-496, s. 3; SOR/98-218, s. 2; SOR/2001-51, s. 3; SOR/2003-176, s. 2; SOR/2005-269, ss. 2, 52.

5. (1) Subject to subsection (2), no person shall fish unless the person

(a) is the holder of the appropriate type of licence set out in column I of an item of Schedule XXVII and fishes in accordance with the terms and conditions of that licence; or

(b) is the holder of a licence issued in accordance with the Aboriginal Communal Fishing Licences Regulations and fishes in accordance with the conditions of that licence.

(a) a resident engaged in sport fishing for Atlantic tomcod or smelt in the St. Lawrence River and its tributaries downstream from the Laviolette Bridge (Trois-Rivières Bridge);

(b) a resident engaged in sport fishing, for species other than anadromous Atlantic salmon, in Area 21 or in that part of any river in Area 1 that is situated downstream from Highway 132, except for the trunk part between Sainte-Flavie and Matapédia;

(c) a resident engaged in sport fishing on the days and in the waters designated by the Minister or a Director for the purposes of promoting this activity;

(i) is the child of the holder of a licence referred to in Part I of Schedule XXVII,

(ii) is the child of the spouse or common-law partner of the holder of a licence referred to in Part I of Schedule XXVII,

(iii) fishes under the supervision of a person, 18 years of age or over, who is the holder of a licence referred to in Part I of Schedule XXVII, or

(iv) fishes under the supervision of the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part I of Schedule XXVII;

(i) is the child of the holder of a licence referred to in Part I of Schedule XXVII,

(ii) is the child of the spouse or common-law partner of the holder of a licence referred to in Part I of Schedule XXVII,

(iii) fishes under the supervision of a person, 18 years of age or over, who is the holder of a licence referred to in Part I of Schedule XXVII, or

(iv) fishes under the supervision of the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part I of Schedule XXVII;

(d) the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part I of Schedule XXVII;

(e) a resident engaged in sport fishing for freshwater shellfish or freshwater crustaceans;

(f) engaged in sport fishing in the waters of Area 25, in Clarice (Montbray Township), Labyrinthe (Dasserat Township) or Raven (Dufay Township) lakes or in the waters of that part of Lake Saint-François located west of a line drawn from Beaudette Point on the north shore to Saint-Louis Point on the south shore, and holds, and fishes in accordance with the terms and conditions of, a licence issued by the Province of Ontario for sport fishing;

(g) engaged in angling in the boundary waters of the Ristigouche and Patapédia salmon rivers and holds, and fishes in accordance with the terms and conditions of, a licence issued by the Province of New Brunswick for sport fishing; or

(h) a resident under 18 years of age who is engaged in sport fishing, for species other than anadromous Atlantic salmon, and who is in possession of a certificate attesting to the resident’s participation in the Quebec Wildlife Foundation program “Pêche en herbe” or in the Ministry program “Relève à la pêche”.

(3) If a person referred to in paragraph (2)(c) catches an anadromous Atlantic salmon, that person shall immediately unhook and release the fish into the waters from which it was caught.

(4) The persons referred to in paragraphs (2)(c.1), (c.2) and (d) are subject to the conditions of the applicable licence.

SOR/93-118, ss. 2, 25(F); SOR/94-392, s. 3; SOR/95-496, s. 4; SOR/97-203, s. 2; SOR/98-218, s. 3; SOR/99-264, s. 3; SOR/2001-51, s. 4; SOR/2003-176, s. 3; SOR/2005-269, ss. 3, 52.

6. No person other than an Indian as defined in the Indian Act shall fish in any part of the Betsiamites River set out in item 2 of Part IV of Schedule XVIII.

7. (1) Subject to subsection (2), no person shall fish for sucker, non-anadromous whitefish, sturgeon, mooneye, goldeye or burbot in Area 22, 23 or 24.

(2) A person may fish in the areas and for the species referred to in subsection (1) where the person is

(a) a beneficiary under section 10 of the Act respecting hunting and fishing rights in the James Bay and New Quebec territories of Quebec, R.S.Q., c. D-13.1; or

(b) a resident of a part of the Northeastern Quebec region lying below the 55th parallel as demarcated in Schedule 4 of that Act, who is engaged in sport fishing by angling in that part.

8. No person shall fish by means of a hook or hooks used in such a manner as to pierce or hook a fish in any part of the body other than the mouth.

9. No person shall fish, otherwise than by means of angling, anywhere that is less than 500 m downstream from any point on the mouth of a salmon river set out in column I of Part IV of Schedule XVIII, XIX or XX, or on a salmon river on the north shore of the St. Lawrence River or the Gulf of St. Lawrence set out in column I of Part IV of Schedule XXI.

(a) adjust or attempt to adjust the flow of a dam for the purpose of fishing or to facilitate fishing; or

(b) deposit or install, in any water or on its bed, any material in order to divert or slow a water current or divert, slow or halt the movement of fish for the purpose of fishing or to facilitate fishing.

11. No person shall have in the person’s possession a net, hoop net or night line unless

(b) the person is licensed under provincial legislation to operate a fishing pond or facilities for breeding fish or keeping bait fish; or

12. (1) Subject to subsection (2), no person shall have in the person’s possession any fishing gear within 100 m of any water where the use of that gear is prohibited under these Regulations.

(2) Subsection (1) does not apply in respect of fishing gear that is kept in a building or in a vehicle other than a boat.

13. (1) If a person catches and retains a fish and the person is required, under the terms of the person’s licence, to tag the fish, the person shall immediately affix to it, in the manner set out in the licence, a valid tag issued with the person’s licence.

(2) Subject to subsection (3), every person who catches and retains an anadromous Atlantic salmon shall immediately detach a valid tag issued with the person’s licence and affix it to the fish in the sequence in which it is attached to the licence.

(3) An anadromous Atlantic salmon that is caught and retained in a wildlife reserve, in the Gouffre River or in the Ouelle River shall be tagged, by the person who hooked it, with a valid tag issued with that person’s licence.

(b) it can be affixed, in the manner indicated in subsection (2), to the fish that has been caught and retained.

(5) Except in the circumstances described in subsection (7), no person shall possess a fish that was caught and retained under a licence that requires the fish to be tagged, and no person shall possess an anadromous Atlantic salmon, unless the fish or salmon is tagged in accordance with subsection (1), (2) or (3), as applicable.

(6) Except in the circumstances described in subsection (7), no person shall possess

(a) an anadromous Atlantic salmon that came from another province or country, or a sturgeon that came from another province or country and that was caught in accordance with a commercial fishing licence, unless,

(ii) a tag of a type approved by the Minister or a Director has been affixed to it in the manner described in subsection (2), or

(iii) it is being transported through the province to another province or another country;

(b) an anadromous Atlantic salmon that was obtained from the Société unless a tag of a type approved by the Ministry has been affixed to it in the manner described in subsection (2).

(7) No person shall remove a tag that is affixed in accordance with this section except at the time the fish is prepared for human consumption.

SOR/93-118, s. 5; SOR/95-496, s. 5; SOR/97-203, s. 3; SOR/99-264, s. 6; SOR/2001-51, s. 5; SOR/2001-438, s. 3(E); SOR/2003-176, s. 4; SOR/2005-269, ss. 4, 52.

14. No person shall have in the person’s possession an anadromous Atlantic salmon that is less than 30 cm in length.

15. (1) Subject to subsections (2) to (4), no person shall use for bait or have in the person’s possession for use as bait any fish.

(2) A person may have in the person’s possession, and use for bait, live fish other than fish of a species set out in Schedule XXVIII, in areas 8, 21 and 25, in the part of Area 7 lying on or between Highways 132 and 138 and in the part of Area 13 comprising the waters of the Ottawa River between Lake Timiskaming and the Première Chute dam located upstream at the point 47°36′N., 79°27′W.

(2.1) A person may have in the person’s possession and use for bait the following dead fish:

(v) Area 13, except the Restigo controlled zone from April 16 to November 30 and except Dumoine and Maganasipi controlled zones and Aiguebelle National Park; and

(i) from December 20 to March 31, to fish for smelt in the waters set out in Part IV of Schedule I, and

(ii) when fishing for Atlantic tomcod is permitted in that part of the Sainte-Anne River that is situated between the downstream side of the highway 138 bridge and the downstream side of the highway 363 bridge.

(3) A person may have dead fish, other than fish of a species set out in Schedule XXVIII, in the person’s possession on the waters of Area 7 or 21 or in the portions of Areas 1, 2, 3, 15, 18, 19, 26 and 27 lying on any of Highways 20, 40, 132 (except for the trunk part of Highway 132 between Sainte-Flavie and Matapédia) and 138, or lying between one of those highways and the waters of Area 7 or 21, for use as bait in those waters.

(4) A person may have dead smelt in their possession from December 1 to April 24, in Areas 17 and 28, and may use the dead smelt as bait

(b) in the waters of Area 28 referred to in the table to this subsection, from December 1 to April 15.

SOR/93-118, s. 6; SOR/94-392, s. 4; SOR/95-496, s. 6; SOR/97-203, s. 4; SOR/98-218, s. 4; SOR/99-264, s. 7; SOR/2001-51, s. 6; SOR/2005-269, ss. 5, 49.

15.1 [Repealed, SOR/95-496, s. 7]

16. Every person who catches a fish

(b) by a method or with fishing gear the use of which is prohibited for that fish,

(d) that is an anadromous Atlantic salmon, and that is hooked or pierced in any part of the body other than the mouth,

(e) under the licence referred to in column I of paragraph 1(d) or (h) of Part I of Schedule XXVII, or

(f) in the case of an anadromous Atlantic salmon, under the licence referred to in column I of paragraph 2(c) or (f) of Part I of Schedule XXVII,

shall without delay return the fish to the waters in which it was caught and, if the fish is alive, release it in a manner that causes the least harm to the fish.

17. No person who catches and retains a fish suitable for human consumption shall let the fish spoil.

18. (1) Subject to subsection (2), if the sale of fish of a species is prohibited by provincial legislation, no person shall ship out of the Province any fish of that species that is caught by sport fishing.

(2) A person may take out of the Province fish that the person has caught or been given.

19. The Minister or a Director, may issue a licence referred to in column I of an item of Part I or Part II of Schedule XXVII on receipt of an application and payment of the applicable fee set out in column II of that item.

20. [Repealed, SOR/99-264, s. 9]

21. (1) For the proper management and control of fisheries, the Minister or a Director, as the case may be, may specify in a licence any term or condition concerning one or more of the following matters:

(a) the species and quantity of fish that are permitted to be taken or transported;

(b) the age, sex, stage of development, length and weight of fish that are permitted to be taken or transported;

(g) the fishing vessel permitted to be used, and the person or persons permitted to operate it;

(h) the size, type and quantity of fishing gear and equipment permitted and the manner in which they are to be used;

(k) the manner in which the fishing gear or fishing vessels shall be identified;

(m) the method whereby the fish may be unloaded from a fishing vessel and the method of determining their length or weight;

(n) the registers that a licence holder must keep of fishing activities undertaken under the licence or the sale or transportation of fish taken under the licence, as well as the way in which the registers shall be kept, their form, the frequency with which and the person to whom they shall be presented, and the period for which they must be retained;

(o) the identification and tagging of fish to determine its origin, its length or its weight, and the way in which the tags issued with the licence are to be recovered;

(2) For the proper management and control of fisheries, the Minister or a Director, as the case may be, may specify in a licence set out in column I of subitem 2(1) or (2) of Part II of Schedule XXVII any term or condition concerning one or more of the following matters:

(b) the manner in which fish caught for scientific, educational or management purposes shall be kept, released, displayed, used, transported or disposed of; and

(3) For the purposes of the conservation and protection of fish, the Minister or a Director, as the case may be, may amend any conditions of a licence.

(5) An amendment referred to in subsection (3) is effective from the time the licence holder receives the notice referred to in subsection (4).

(6) A notice referred to in subsection (4) forms part of the licence to which it relates, and the licence holder shall, on receipt of the notice, attach it to the licence.

SOR/94-392, s. 5; SOR/99-264, s. 10; SOR/2001-51, s. 8; SOR/2001-438, s. 4; SOR/2005-269, s. 52.

22. (1) Subject to subsection (2), every person, while engaged in fishing, shall have in their possession and, on the request of a fishery officer or fishery guardian, shall immediately produce, as the case may be,

(a) their licence or their valid commercial fisher’s identification certificate, if applicable, issued under subsection 49(2);

(b) their valid student card and the licence of the person under which they are fishing, if they are fishing pursuant to subparagraphs 5(2)(c.2)(i) or (ii); or

(2) If a person who is a resident does not have a document required under subsection (1) in their possession, the person shall produce the document to a fishery officer or fishery guardian within seven days after the date of the request.

SOR/95-496, s. 9; SOR/98-218, s. 5; SOR/99-264, s. 11; SOR/2001-51, s. 9; SOR/2003-176, s. 7.

23. (1) Subject to subsections (2) and (3), a licence expires on March 31 following the date of issue unless otherwise provided in the licence.

(2) A licence referred to in column I of paragraph 2(a), (b), (d) or (e) of Part I of Schedule XXVII expires on the earliest of

(a) the date on which the holder no longer possesses a valid tag issued with the licence,

(b) the date on which the anadromous Atlantic salmon fishing period comes to an end, and

(3) A licence referred to in column I of paragraph 2(c) or (f) of Part I of Schedule XXVII expires when the anadromous Atlantic salmon fishing period comes to an end.

24. No person shall buy or have

(a) for the same year, more than one licence set out in column I of paragraph 2(a) or (d) of Part I of Schedule XXVII;

(b) if the person has already bought or already has a licence set out in column I of paragraph 2(a) or (d) of Part I of Schedule XXVII for a year, a licence set out in column I of paragraph 2(b) or (e) of Part I of that Schedule for the same year;

(d) a licence set out in column I of paragraph 2(b) or (e) of Part I of Schedule XXVII if the person has already caught and retained in the year a number of anadromous Atlantic salmon equal to the quota set out in section 36.

25. (1) A licence is invalid where it

(e) does not contain the information for which space is provided on the licence.

25.1 (1) The licences referred to in item 1 of Part I of Schedule XXVII are not valid in salmon rivers during the anadromous Atlantic salmon fishing periods except in the following waters:

(a) those waters referred to in column I of subitem 1(6) of Part IV of Schedule XV that are between the Bird Dam at Pont-Rouge (46°44′55″N., 71°42′40″W.) and the bridge situated at the south entrance of the Valcartier military base (46°54′01″N., 71°31′41″W.); and

(b) those waters referred to in column I of subitem 28(1.1) of Part IV of Schedule XIX.

(2) The licences referred to in item 2 of Part I of Schedule XXVII are also valid for fishing for species other than anadromous Atlantic salmon in salmon rivers during the anadromous Atlantic salmon fishing periods.