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

• 87 (1) Subject to section 90, no person shall fish for a species of groundfish set out in column I of Schedule XXIII in a Stock Area set out in column II from a vessel of a vessel class set out in column III during the close time set out in column IV.

• (2) For the purposes of subsection (1), where a close time set out in column IV of a subitem of Schedule XXIII is in respect of more than one vessel class, that close time is deemed to be fixed in respect of each vessel class referred to in that subitem.

88 [Repealed, SOR/93-16, s. 2]

89 [Repealed, SOR/89-584, s. 5]

• 90 (1) No person shall fish for groundfish in the waters set out in column I of Schedule XXIV with a type of gear referred to in column II during the close time set out in column III.

• (2) [Repealed, SOR/94-45, s. 1]

Recreational Groundfish Fishing

• 91 (1) No person shall engage in recreational fishing for groundfish during the close time of January 1 to January 31.

• (2) No person shall engage in recreational fishing for groundfish by any means other than by hand-line or by angling.

• (2.1) [Repealed, SOR/2006-132, s. 2]

• (3) No person engaged in recreational fishing for groundfish shall, in any day, catch and retain more than a quota of ten groundfish of all species in the aggregate, comprising

  • (a) a total of not more than five cod, haddock and pollock; and

  • (b) not more than one Atlantic halibut.

• (4) [Repealed, SOR/2006-132, s. 2]

91.1 and 92 [Repealed, SOR/94-60, s. 3]

92.1 [Repealed, SOR/93-16, s. 4]

Groundfish Gill Nets

93 No person shall fish for groundfish with a gill net that is set in such a manner that the net floats of the net are less than 5 m below the surface of the water at any time.

93.1 No person shall leave a groundfish gill net unattended in those portions of Division 4VWX and Subarea 5 that are more than 50 nautical miles from the nearest shore, other than the shore of Sable Island.

Catching and Landing of Groundfish

93.2 [Repealed, SOR/2011-39, s. 4]

• 93.3 (1) Despite section 33 of the Fishery (General) Regulations and subject to subsection (2), no person shall return to the water a groundfish caught while fishing for groundfish under the authority of a commercial licence.

• (2) Subsection (1) does not apply if a condition of the licence authorizes or requires the return of the groundfish to the water.

PART IXMarine Plants

94 In this part,

basket drag rake

basket drag rake means a drag rake with an apparatus attached to the rear and forward portions so as to form an enclosure; (râteau traînant à panier)

District

District means a harvesting district described in Schedule XXVI; (arrondissement)

drag rake

drag rake means any gear that is towed over the ocean floor by a vessel for the purpose of collecting marine plants; (râteau traînant)

hand rake

hand rake means any gear that is moved manually over the ocean floor for the purpose of collecting marine plants; (râteau manuel)

holdfast

holdfast, in relation to a marine plant, means that portion of the marine plant by which it is attached to the ocean floor. (pied)

Harvesting Methods and Gear

• 95 (1) Subject to the conditions of a licence, no person shall harvest rockweed unless he

  • (a) uses an instrument that severs with a cutting action; and

  • (b) leaves a length of at least 127 mm above the holdfast.

• (2) No person shall have in his possession any rockweed plant to which the holdfast is attached.

• (3) Subject to the conditions of a licence, no person shall use a drag rake to harvest Irish moss in

  • (a) that portion of District 1 bounded as follows: commencing from the point at a wooden stake bearing Prince Edward Island Grid Co-ordinate Values N-264973.75 and E-209559.48, thence in a westerly direction on a magnetic bearing of 313°00′ a distance of 700 m to a water buoy, thence in a northerly direction on a magnetic bearing of 43°00′ a distance of approximately 619 m to a water buoy, thence in an easterly direction on a magnetic bearing of 113°00′ a distance of 515 m to a wooden stake on the shore, and thence in a southerly direction on a magnetic bearing of 203°11′ a distance of approximately 644 m to the place of beginning; or

  • (b) that portion of Districts 2 and 3 lying between a line bearing 35° true from Latitude 46°34′37″N., Longitude 63°42′50″W. (Malpeque Harbor Light) and a line bearing 360° true from Latitude 46°24′35″N., Longitude 63°02′32″W. (Tracadie Range Light).

• (4) Subject to the conditions of a licence, no person shall use a basket drag rake to harvest marine plants.

• (5) Subject to the conditions of a licence, no person shall harvest Irish moss in District 12 with a hand rake if the distance between the tines of the hand rake is less than 5 mm.

96 Notwithstanding the conditions of a licence, no person shall

• (a) harvest horsetail or Irish moss of the species Chondrus crispus in the waters along the coast of Prince Edward Island lying east of a line bearing 360° true from Latitude 46°26′31″N., Longitude 62°44′54″W. (St. Peters Light) to a line bearing 135° true from Latitude 46°20′N., Longitude 62°17′W. (Souris) from January 1 to December 31; or

• (b) harvest horsetail or Irish moss in a harvesting district set out in an item of Schedule XXVI during the period set out in that item.

PART XTuna

Interpretation

97 In this Part,

angling gear

angling gear means a rod and reel to which is attached a single line with only one hook; (engin de pêche à la ligne)

fishing port

fishing port, in respect of a vessel used in fishing for tuna, means the port or ports specified in the licence under the authority of which the vessel is being operated; (port de pêche)

tended line

tended line means a line that is at least 9 mm in diameter, equipped with only one hook and attached at all times to a fishing vessel while used in fishing, but does not include angling gear. (ligne tendue)

Application

98 This Part applies in respect of the waters referred to in subsection 3(1) and in respect of all waters of the Atlantic Ocean not referred to in that subsection.

Close Times

99 No person shall fish for bluefin using a vessel set out in column I of an item of Schedule XXV with the type of gear set out in column II of that item during the close time set out in column III of that item.

Fishing Gear

100 Subject to subsection 103(2), no person shall, unless otherwise authorized by a licence, catch a bluefin with any gear other than angling gear or a tended line and retain the bluefin.

101 [Repealed, SOR/96-220, s. 2]

Weight Limits

• 102 (1) No person shall have in possession any bluefin tuna that weighs less than 30 kg.

• (2) Subject to subsections (3) and (4), no person shall be in possession of any bigeye tuna or yellowfin tuna that weighs less than 3.2 kg.

• (3) Subsection (2) does not apply where

  • (a) the catching of the bigeye tuna weighing less than 3.2 kg was incidental to the catching of larger bigeye tuna; and

  • (b) the number of bigeye tuna weighing less than 3.2 kg that are retained during one fishing trip does not exceed a fishing quota of 15 per cent of the number of larger bigeye tuna that are retained during that fishing trip.

• (4) Subsection (2) does not apply where

  • (a) the catching of the yellowfin tuna weighing less than 3.2 kg was incidental to the catching of larger yellowfin tuna; and

  • (b) the number of yellowfin tuna weighing less than 3.2 kg that are retained during one fishing trip does not exceed a fishing quota of 15 per cent of the number of larger yellowfin tuna that are retained during that fishing trip.

Incidental Catches

• 103 (1) A person who is fishing under the authority of a licence for swordfish with a longline may retain tuna, other than bluefin, that is caught incidentally.

• (2) A person who is fishing under the authority of a licence for any species of fish, other than bluefin, with a trap net may, except during the close time beginning on January 1 and ending on April 30, retain any bluefin caught by that trap net in that portion of St. Margaret’s Bay, Nova Scotia, inside a straight line joining Latitude 44°28′N., Longitude 64°05′W. (New Harbour Point, Lunenburg County) and Latitude 44°26′N., Longitude 63°46′W. (Brig Point on Betty Island, Halifax County).

103.1 [Repealed, SOR/2011-39, s. 5]

Tagging Bluefin

• 104 (1) A person who kills a bluefin tuna shall forthwith attach a valid numbered tag issued by the Department to the ninth finlet from the tail of the bluefin tuna.

• (1.1) For the purpose of subsection (1), a bluefin tuna tag is valid only for the year indicated on the tag and only if

  • (a) it bears a tag number set out in a licence authorizing the person referred to in subsection (1) to fish for bluefin tuna;

  • (b) the tag number is legible; and

  • (c) it has not been tampered with.

• (2) No person shall remove a tag attached to a bluefin pursuant to subsection (1) except at the time the bluefin is prepared for consumption.

105 No person shall have in possession a dead bluefin unless there is attached to it a numbered tag referred to in subsection 104(1).

PART X.1[Repealed, SOR/93-61, s. 32]

PART XIMiscellaneous Provisions

• 106 (1) Subject to subsection (2), no person shall fish with an otter trawl in any waters set out in an item of Schedule XXXI from a vessel of a length set out in that item during the close time set out in that item.

• (2) If a person is the owner of a vessel less than 15.2 m in overall length, that person may, subject to these Regulations, use that vessel to fish with an otter trawl in the waters set out in item 4, column I, of Schedule XXXI during the period from September 1 to December 31.