Atlantic Fishery Regulations, 1985 (SOR/86-21)

Eligibility Criteria

18 This Part applies to the following licences:

• (a) an inshore fishing licence that is held by a licence holder that is identified as an independent core licence holder with the Minister of Fisheries and Oceans Canada, except for a licence that indicates this Part does not apply, and the licence is to fish for

  • (i) groundfish by means of fixed gear and the use of a vessel having an overall length of at least 13.72 m (45 feet) but not more than 19.81 m (65 feet),

  • (ii) groundfish by means of mobile gear and the use of a vessel having an overall length of less than 19.81 m (65 feet),

  • (iii) herring by means of a purse seine,

  • (iv) scallops in respect of the Full Bay Fleet,

  • (v) shrimp by means of mobile gear in any of Shrimp Fishing Areas 13 to 15,

  • (vi) swordfish by means of a longline,

  • (vii) tuna, if it is a restricted licence and issued with a licence referred to in subparagraph (vi),

  • (viii) bluefin tuna, in respect of the southwest Nova Scotia fleet,

  • (ix) sculpin, if the licence is issued to a licence holder that also holds a licence referred to in subparagraph (ii),

  • (x) squid by means of jigger or handline and the licence is issued to a licence holder that also only holds a licence referred to in subparagraphs (i) to (ix),

  • (xi) squid by means of otter trawl and the licence is issued to a licence holder that also holds a licence referred to in subparagraph (i), (ii), (iv), (v), or (vii) to (ix) if an otter trawl is used as the means of fishing under that licence, or

  • (xii) squid by means of purse seine and the licence is issued to a licence holder that also holds a licence referred to in subparagraph (i) to (v), (vii), (viii) or (ix) if a purse seine is used as the means of fishing under that licence;

• (b) a coastal fishing licence, other than a licence to fish for herring or mackerel using fixed gear that is issued to a corporation with more than one shareholder;

• (c) an inshore fishing licence with “designated operator status” or “exploitant désigné” or an equivalent expression appearing on it and that is held by a licence holder referred to in paragraph (a);

• (d) an inshore fishing licence that is held by a licence holder that is identified as a head of a non-core enterprise with the Minister of Fisheries and Oceans Canada;

• (e) an inshore fishing licence with “designated operator status” or “exploitant désigné” or an equivalent expression appearing on it and that is held by a licence holder referred to in paragraph (d);

• (f) an inshore fishing licence held by an organization that has been issued an allocation of fish to catch for the benefit of its membership; and

• (g) an inshore fishing licence held by a corporation that held such a licence before January 19, 1989, unless

  • (i) “designated operator status” or “exploitant désigné” or an equivalent expression appears on the licence, or

  • (ii) the corporation held an inshore fishing licence before January 1, 1979.

• 19 (1) A licence referred to in paragraphs 18(a) to (f) may only be issued to

  • (a) an individual or their estate or succession;

  • (b) a corporation, all of the shares of which belong to one individual; or

  • (c) an organization referred to in paragraph 18(f).

• (2) In the case of a licence referred to in paragraph 18(a), (b), (d) or (g), the activities authorized under the licence must be carried out personally by the licence holder, the operator named in the licence or a person authorized in accordance with subsection 23(2) of the Fishery (General) Regulations.

• (3) A licence referred to in paragraph 18(a) or (c) shall not be issued if, at the time of application, the applicant has transferred the use or control of the rights or privileges conferred under the licence for which the applicant is the licence holder or was the licence holder in the 12 months prior to the application or conferred under a licence that may be issued to the applicant.

• (4) A licence holder that has been denied the issuance of a licence under subsection (3) or has had a licence suspended or cancelled under paragraph 9(1)(b) of the Act and did not resolve the matter that gave rise to the denial, suspension or cancellation within 12 months of the day on which the licence was denied, suspended or cancelled is never eligible to hold the same type of licence again.

• (5) Subsection (3) does not apply in the following circumstances:

  • (a) the licence is offered as security in a financial agreement under provincial legislation;

  • (b) in the case referred to in paragraph (a), a creditor that is a recognized financial institution uses or controls the rights or privileges under the licence in order to exercise its rights with respect to a security;

  • (c) in the case referred to in paragraph (a), a creditor that is not a recognized financial institution, uses the privilege under the licence to recommend to the Minister the next licence holder or the reallocation of fishing quota, in order to exercise its rights with respect to a security;

  • (d) a trustee or receiver appointed under the Bankruptcy and Insolvency Act uses or controls rights or privileges conferred by the licence;

  • (e) all or part of the rights of the proceeds from the sale of the catch are transferred to any person on the vessel who participates in making the catch;

  • (f) in the case of an applicant that is a licence holder, the rights and privileges under that licence or the rights and privileges to be granted if the application is accepted have been transferred to an inshore family fishing corporation of which the applicant holds 100% of the voting shares;

  • (g) in the case of an applicant that is not a licence holder, the rights and privileges that are granted under the licence if the application is accepted have been transferred to a corporation that would be an inshore family fishing corporation of which the applicant holds 100% of the voting shares if the licence was issued;

  • (h) with the authorization of the Minister, the licence holder transfers the rights or privileges under the licence in order to give effect to the following arrangements made with other holders of the licences referred to in any of paragraphs 18(a) to (g):

    • (i) an arrangement for the reallocation of a fishing quota, or

    • (ii) an arrangement for the reallocation of authorized fishing gear;

  • (i) an organization referred to in paragraph 18(f) has required the licence holder to provide part of the proceeds from the sale of the catch back to the organization in exchange for additional fish allocation;

  • (j) a liquidator of the succession, an executor or an administrator of the estate appointed upon the death of the licence holder uses or controls the rights or privileges under the licence;

  • (k) a person is authorized to act on behalf of the licence holder in the case of their incapacity, including a guardian, committee, Public Guardian and Trustee, tutor, curator, Public Curator, mandatary under a protection mandate or any other person who is appointed to act in a similar capacity; or

  • (l) a person has received an authorization in accordance with subsection 23(2) of the Fishery (General) Regulations with respect to the licence.

Requirements for Certain Licences

20 A licence holder referred to in paragraph 18(a) or (c) shall keep a registry of the crew on board the vessel on each fishing trip.

21 Except in the cases referred to in subsection 19(5), a holder of a licence referred to in paragraph 18(a) or (c) shall not transfer the use or control of the rights or privileges conferred under that licence.

22 Except in the cases referred to in subsection 19(5), no one other than the holder of a licence referred to in paragraph 18(a) or (c) shall use or control the rights and privileges conferred under that licence.

23 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 IVSpacing of Fishing Gear

36 Except as otherwise provided in the Newfoundland and Labrador 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.

• 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.

PART VPelagics

38 [Repealed, SOR/2017-58, s. 13]

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.

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.