Northwest Territories Fishery Regulations (C.R.C., c. 847)

1 [Repealed, SOR/2005-108, s. 2]

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Fisheries Act; (Loi)

  Agreement

  Agreement has the same meaning as in the Western Arctic (Inuvialuit) Claims Settlement Act; (Convention)

  angling

  angling means fishing with a line to which one or more hooks are attached and that is held in the hand or attached to a rod that is held in the hand or closely attended; (pêche à la ligne)

  Area

  Area means any portion of the waters described in Schedule II; (secteur)

  barbless hook

  barbless hook includes a hook that has all of its barbs compressed to be in complete contact with the shaft of the hook, except those barbs on the shank that are designed solely to retain bait; (hameçon sans ardillon)

  beneficiary

  beneficiary means a person who is enrolled as a beneficiary under the Agreement; (bénéficiaire)

  certificate

  certificate means a registration certificate issued pursuant to section 14.1; (certificat)

  commercial fishing

  commercial fishing means fishing for sale or barter; (pêche commerciale)

  commercial licence

  commercial licence means a licence authorizing a person to engage in commercial fishing; (permis de pêche commerciale)

  commercial licensee

  commercial licensee means a person to whom a commercial licence has been issued under the Act or these Regulations; (titulaire d’un permis de pêche commerciale)

  Department

  Department means the Department of the Environment; (ministère)

  domestic fishing

  domestic fishing means fishing for personal use but not for sale or barter; (pêche domestique)

  domestic fishing licence

  domestic fishing licence means a licence authorizing a person to engage in domestic fishing; (permis de pêche domestique)

  explosive

  explosive means a substance or device that, when detonated or fired, creates a violent shock wave in water; (explosif)

  fork length

  fork length means the length of a fish measured from the tip of the nose to the centre of the fork of the tail; (longueur à la fourche)

  game fish

  game fish means any fish named in Schedule I; (poisson gibier)

  gill net

  gill net means a net that catches fish by enmeshing them but that does not enclose an area of water; (filet maillant)

  hook

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

  Indian

  Indian means an Indian as defined in the Indian Act; (Indien)

  Inuk

  Inuk means a person who is a direct descendant of a person of the race of aborigines commonly known as Inuit; (Inuk)

  Inuvialuit Settlement Region

  Inuvialuit Settlement Region has the same meaning as in the Agreement; (région désignée)

  Minister

  Minister means the Minister of Fisheries and Oceans; (ministre)

  non-resident

  non-resident means a person other than a resident Canadian; (non-résident)

  Northwest Territories resident

  Northwest Territories resident means a resident Canadian who has resided continuously in the Northwest Territories for a period of,

  • (a) in respect of sport fishing, three months immediately preceding the day on which the person begins to fish; and

  • (b) in respect of commercial fishing, six months immediately preceding the day on which the person applies for a commercial fishing licence. (résident des Territoires du Nord-Ouest)

  officer

  officer means a fishery officer, fishery guardian or a member of the Royal Canadian Mounted Police; (fonctionnaire)

  permanent resident

  permanent resident [Revoked, SOR/93-59, s. 1]

  person of mixed blood

  person of mixed blood means a person of

  • (a) mixed Indian and non-Indian blood who is at least one-quarter Indian, or

  • (b) mixed Inuk and non-Inuk blood who is at least one-quarter Inuk; (personne de sang mêlé)

  Regional Director-General

  Regional Director-General means the Director-General of the Department of Fisheries and Oceans for the Central and Arctic Region; (directeur général régional)

  resident

  resident [Revoked, SOR/91-481, s. 1]

  resident Canadian

  resident Canadian means a person who is a Canadian citizen or a permanent resident; (résident canadien)

  snagging

  snagging means fishing by impaling a fish on a hook through some part of its body instead of luring the fish to take the hook into its mouth; (casaquer)

  special management area

  special management area means the waters described in an item in Schedule VIII; (secteur de gestion spécial)

  sport fish

  sport fish means fish that is taken for pleasure and not for sale or barter; (poisson de sport)

  sport fishing

  sport fishing means fishing for pleasure and not for sale or barter and includes angling, spear fishing and dip netting; (pêche sportive)

  sport fishing licence

  sport fishing licence means a sport fishing licence set out in Schedule IV that authorizes a person to engage in sport fishing; (permis de pêche sportive)

  subsistence usage

  subsistence usage has the same meaning as in paragraph (a) of the definition of that expression in the Agreement; (utilisation à des fins de subsistance)

  Tree River

  Tree River means

  • (a) the waters of Coronation Gulf within 3 km of a point at 67°45′N., 111°56′W.;

  • (b) all the waters of Port Epworth lying between lines of latitude at 67°45′N. and at 67°41′N.;

  • (c) the waters of the Tree River and its tributaries lying between lines of latitude at 67°41′N. and 67°37′N.; and

  • (d) all other waters that flow directly into any waters described in paragraphs (a), (b) or (c). (Rivière Tree)

• (2) No Area shall be regarded as including any waters described in Schedule III.

Application

• 3 (1) These Regulations apply in respect of

  • (a) Canadian fisheries waters in and adjacent to the Northwest Territories; and

  • (b) the tidal waters of the provinces of Ontario and Manitoba.

• (2) 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.

General

4 The Minister may issue a licence or certificate set out in column I of an item of Schedule IV on payment of the appropriate fee, if any, set out in column II of that item.

4.1 The licences referred to in paragraphs (c.1) and (e.1) of item 3 of Schedule IV are not valid in Nunavut waters.

• 5 (1) No person shall fish except under the authority of a licence issued under these Regulations or under the Aboriginal Communal Fishing Licences Regulations.

• (2) to (5) [Revoked, SOR/93-59, s. 3]

• (6) No person shall fish in any lake that has been stocked with game fish except by angling.

• (7) No person shall fish in any waters set out in Column I of an item of Schedule VII for the species of fish set out in Column II of that item by the method set out in Column IV of that item during the close time set out in Column III of that item.

• (8) No person shall fish in the waters of Fish Creek at 67°43′42″ north latitude and 136°15′44″ west longitude, or in the waters of the Big Fish River at 68°39′48″ north latitude and 135°52′35″ west longitude, including all their tributaries, except for educational or scientific purposes under the authority of a licence.

6 [Revoked, SOR/93-59, s. 4]

• 7 (1) No person shall catch, kill, molest or injure fish by using firearms, spears, arrows, gaffs, lights, sticks, stones, clubs, snares, dip nets or gill nets except under the authority of a licence.

• (2) No person shall fish by snagging.

• (3) Notwithstanding subsection (1), dip nets may be used to land fish caught by angling.

8 A person who erects or maintains a structure for fishing upon the ice shall remove the structure at the direction of an officer.

9 Except with the permission of an officer, no person shall leave a gill net in the water

• (a) during the period from May 16th to October 31st inclusive, for more than 30 consecutive hours, or

• (b) during the period from November 1st to May 15th inclusive, for more than 72 consecutive hours,

without withdrawing the net from the water and removing the fish therefrom.