Newfoundland and Labrador Fishery Regulations (SOR/78-443)

27 and 28 [Repealed, SOR/89-97, s. 2]

• 29 (1) For the purposes of this section, waste material means discarded or abandoned material of any kind and includes fishing gear, vehicles, garbage, fish offal and logging debris.

• (2) Subject to subsection (3), no person shall deposit or dispose of waste material in any inland or tidal waters, or on any ice over those waters, where that deposit or disposal is likely to result in the alteration, disruption or destruction of fish habitat.

• (3) Subsection (2) does not apply

  • (a) to fish offal disposed of in gurry grounds designated or defined by a fishery officer under section 56 of the Act; or

  • (b) to waste material disposed of under the Ocean Dumping Control Act.

Restricted Fishing Waters

30 No person shall fish except by angling

• (a) within 365 m off that portion of the shore along that part of Bay St. George commencing at a point, marked by a caution notice, approximately 450 m west of Middle Barachois and ending at a point, marked by a caution notice, approximately 450 m east of Robinsons River;

• (b) within 450 m off the shore line of the province along that portion of the straight shore of Fogo District, marked by caution notices on both sides of the outlet of Anchor Brook and on both sides of the outlet of Deadman’s Bay River;

• (c) within 365 m off the shore line of the province along that part of Bay St. George and Port au Port Bay in the district of Humber-St. George’s marked by caution notices on both sides of the outlets of Crabbe’s River, Highlands River, Fishells River, Flat Bay River, Little Barachois River, Main River and Romaine’s Brook in Bay St. George and Fox Island River in Port au Port Bay;

• (d) within 365 m off that portion of the shore line of the province along that part of Fortune Bay commencing at a point, marked by a caution notice, approximately 450 m west of the entrance to Garnish Harbour and ending at a point marked by a caution notice approximately 450 m east of Garnish Harbour; or

• (e) within 365 m off that portion of the shore of the province along that part of Pistolet Bay commencing at a point, marked by a caution notice, approximately 180 m west of Parker Brook (West Brook) and ending at a point, marked by a caution notice, approximately 275 m east of Parker Brook (West Brook).

31 [Repealed, SOR/86-23, s. 3]

Smelt

• 32 (1) No person shall fish for smelts in inland waters by means of nets, trap nets or seines except

  • (a) from October 1 until March 31;

  • (b) under a licence from the Regional Director General; and

  • (c) in the waters set out in any such licence.

• (2) No person shall, for the purpose of catching smelt during the period and within the boundaries permitted pursuant to subsection (1), use a net, trap net or seine

  • (a) in such a manner that, in the opinion of a fishery officer, bars the passage of salmon or trout ascending or descending inland waters; or

  • (b) the meshes of which exceed 38 mm extension measure.

• (3) No person shall, for the purpose of catching smelt, set or operate bag nets or gill nets within 45 m of a net previously set.

33 to 33.2 [Repealed, SOR/86-23, s. 4]

Eels

• 34 (1) No person shall fish for, take, catch or kill or attempt to fish for, take, catch or kill eels without a licence issued for that purpose, except by angling.

• (2) A licence issued pursuant to subsection (1) may authorize

  • (a) the use of eel pots to take or kill eels in inland waters;

  • (b) the use of nets or trap nets to take or kill eels during the period commencing on August 15 and ending on November 30 in such inland waters as are specified in the licence; or

  • (c) the use of spears to take or kill eels during the period commencing on November 1 in any year and ending on March 31 in such inland waters as are specified in the licence.

35 No person shall, while fishing for eels, use nets or trap nets in a manner that, in the opinion of a fishery officer, would interfere with or impede the passage of any fish ascending inland waters to spawn.

36 No person shall take by fishing or buy, sell or export from the province any eel that is less than 20 cm in length except as authorized by, and in accordance with, a licence.

37 to 39 [Repealed, SOR/86-23, s. 5]

40 [Repealed, SOR/84-323, s. 13]

Trout and Char

41 No person shall fish for, take, catch or kill trout or char with a gill net or trap net the web of which or any portion thereof contains monofilament in single or multiple strands.

42 No person shall fish for, take, catch or kill or attempt to fish for, take, catch or kill trout or char by any means in any waters of Insular Newfoundland otherwise than by angling.

Salmon

42.1 Subject to subsection 10(4) and section 11, no person shall fish for or catch and retain salmon by means of a net unless that person is the holder of a limited fishery licence issued for that purpose pursuant to the Atlantic Fishery Regulations, 1985.

43 to 46 [Repealed, SOR/86-23, s. 6]

47 to 50 [Repealed, SOR/81-731, s. 3]

51 to 54 [Repealed, SOR/86-23, s. 7]

Cod and Salmon Berth Licensing

• 55 (1) For the purposes of this section and sections 55.1 to 63.2, the areas set out in Schedules IX and X are hereby established as Salmon Fishery Areas and Cod Fishery Areas.

• (2) Any Salmon Fishery Area or Cod Fishery Area may contain one or more berths.

55.1 Berth licences may be issued by a Regional Director-General or a fishery officer in the form set out in Schedule VI.

• 56 (1) No person shall be issued a berth licence unless that person

  • (a) is the holder of a licence issued pursuant to the Atlantic Fishery Regulations, 1985 authorizing that person to fish

    • (i) for cod by means of a cod trap, or

    • (ii) for salmon by means of a salmon trap or salmon net;

  • (b) was the holder of a berth licence in the preceding licence year; and

  • (c) applies therefor to a Regional Director-General or a fishery officer in respect of a berth located in the same Salmon Fishery Area or Cod Fishery Area, as the case may be, in respect of which he was issued a berth licence in the year immediately preceding the year for which the licence is being sought.

• (1.1) and (1.2) [Repealed, SOR/85-748, s. 1]

• (2) Paragraphs (1)(b) and (c) do not apply to a person applying for a berth licence in the second licence year following the cancellation referred to in subsection 57(3).

• (3) Notwithstanding paragraphs (1)(b) and (c), a berth licence may be issued to a resident of a coastal community immediately adjacent to a Salmon Fishery Area or a Cod Fishery Area if

  • (a) the number of berths in that Salmon Fishery Area or Cod Fishery Area is greater than the number of berth licences customarily issued for that Area; or

  • (b) a berth becomes available in that Salmon Fishery Area or Cod Fishery Area owing to a reduction in the number of fishermen eligible for berth licences in that Area.

• (4) Notwithstanding subsections (1) and (3), a berth licence shall not be issued to a person whose licence was cancelled pursuant to subsection 57(3) in the preceding calendar year.

• 56.1 (1) Where a person holds a berth licence and subsequently decides not to fish in that berth, he shall forthwith surrender that berth licence to a fishery officer.

• (2) A fishery officer to whom a berth licence is surrendered pursuant to subsection (1) shall cancel the licence and a new licence for the berth may be issued to another person who is eligible therefor under section 56.

• 57 (1) and (2) [Repealed, SOR/93-63, s. 5]

• (3) Subject to subsection (4), where the holder of a berth licence fails to comply with the condition set out in his licence respecting the date by which fishing gear is to be set, the berth licence shall be cancelled and a licence for the berth may be issued to another person who is eligible therefor under section 56.

• (4) Where the holder of a berth licence establishes that he failed to comply with the condition referred to in subsection (3) because he was prevented from setting his fishing gear by the required date due to weather, ice or other conditions beyond his control, the licence shall not be cancelled but shall be endorsed by a fishery officer with a new date by which fishing gear is to be set.

• (5) Where, pursuant to subsection (3), a berth licence is cancelled, the holder of the berth licence shall, on the request of a fishery officer or fishery guardian, forthwith give the licence to that fishery officer or fishery guardian.

58 [Repealed, SOR/93-63, s. 6]

• 59 (1) Subject to subsection (2),

  • (a) the holder of a berth licence shall not permit any person to set or tend any fishing gear for him in the berth for which that licence has been issued unless the holder of the licence is present; and

  • (b) no person shall set or tend any fishing gear for the holder of a berth licence in the berth for which the licence has been issued unless the holder of that licence is present.

• (2) Where the holder of a berth licence is unable to be present when setting or tending fishing gear in a berth by reason of

  • (a) sickness or injury to himself or a member of his family, or

  • (b) being licensed to fish in more than one berth,

  a crew member of that licence holder may set and tend fishing gear in that berth if the berth licence is endorsed with the name of that crew member and initialled by a fishery officer.

Cod and Salmon Fishing Berths

• 60 (1) A person may set any fishing gear in a berth for which no licence has been issued and that is customarily used to fish for cod by means of a cod trap or for salmon by means of a salmon trap or salmon net.

• (2) Notwithstanding subsection (1), a fishery officer may direct that any fishing gear that is not a cod trap, salmon trap or salmon net be removed from a berth referred to in that subsection.