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

PART VIShellfish

51 In this Part,

Atlantic razor clam

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

clam

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

drag rake

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

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

length[Repealed, SOR/2017-58, s. 14]

mechanical device

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

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

oyster

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

shell height

shell height[Repealed, SOR/2017-58, s. 14]

soft-shell clam

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

Stimpson’s surf clam

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

surf clam

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

width

width[Repealed, SOR/2017-58, s. 14]

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).

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.

• 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.

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.

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.

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.

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.

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.

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.

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.

• 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.

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.

• 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 [Repealed, SOR/2013-37, s. 1]

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.