Quebec Fishery Regulations, 1990 (SOR/90-214)

Short Title

1 These Regulations may be cited as the Quebec Fishery Regulations, 1990.

Interpretation

• 2 (1) In these Regulations,

  American eel trap

  American eel trap means a trap that

  • (a) is made of plastic or wire mesh with a minimum mesh size of 2.85 cm, or

  • (b) is made of netting with a minimum mesh size of 5.7 cm; (cage à anguilles d’Amérique)

  angling

  angling means fishing, by means of a line or a rod and line to which is attached a hook that may be baited, including fly fishing but not including fishing by means of a night line; (pêche à la ligne)

  Area

  Area means an area of the Province delimited as a fishing area under section 84.1 of An Act respecting the conservation and development of wildlife, CQLR, c. C-61.1; (zone)

  artificial fly

  artificial fly means a hook or combination of hooks dressed with silk, tinsel, textiles, fur, feathers or other similar materials including, as parts of a fly, metal (brass, copper or aluminum) or plastic tubing, straight pin, Waddington shaft, non-metal eyes or head but does not include flies to which is attached an external device likely to attract fish, baited flies, flies with a spinning or undulating device and weights that cause the fly to sink; (mouche artificielle)

  artificial lure

  artificial lure means a spoon, simulated minnow, artificial fly or any other device made of feathers, fibres, rubber, wood, metal, plastic or similar materials that has one or more hooks; (leurre artificiel)

  Assistant Deputy Minister

  Assistant Deputy Minister[Repealed, SOR/2001-51, s. 1]

  bait trap

  bait trap means a fishing device that

  • (a) has no wings or leaders,

  • (b) is made of netting or plastic or wire mesh,

  • (c) is fastened to hoops or frames,

  • (d) has a maximum length of 60 cm and a maximum width of 25 cm, and

  • (e) is equipped with funnel-shaped openings, the smallest diameter of which does not exceed 2.5 cm; (bourolle)

  box net

  box net means a fishing device that

  • (a) has one or more wings or leaders,

  • (b) terminates in a box-shaped net, and

  • (c) is used to catch fish without enmeshing them; (filet à réservoir)

  Centre d’étude et de recherche Manicouagan

  Centre d’étude et de recherche Manicouagan[Repealed, SOR/2001-51, s. 1]

  Chief of the Wildlife Conservation Service

  Chief of the Wildlife Conservation Service[Repealed, SOR/2001-51, s. 1]

  common-law partner

  common-law partner in relation to an individual means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait);

  communal wildlife area

  communal wildlife area means a territory established by an order of the Minister and given to lease exclusive fishing rights for communal purposes; (aire faunique communautaire)

  controlled zone

  controlled zone or zec means an area of the Province so designated under An Act respecting the conservation and development of wildlife, CQLR, c. C-61.1; (zone d’exploitation contrôléeouzec)

  county

  county means an electoral district described in the Territorial Division Act of Quebec, CQLR, c. D-11; (comté)

  crayfish trap

  crayfish trap means a trap that

  • (a) does not have wings or leaders,

  • (b) is funnel or box-shaped, and

  • (c) is made of netting or plastic or wire mesh; (casier à écrevisses)

  Director

  Director means a person who works in the Wildlife Sector of the Ministry, and who occupies a managerial position with respect to fisheries; (directeur)

  Duchesnay Sanctuary

  Duchesnay Sanctuary[Repealed, SOR/91-336, s. 1]

  ecological reserve

  ecological reserve means an area of the Province so designated under the Natural Heritage Conservation Act, CQLR, c. C-61.01; (réserve écologique)

  fish trap

  fish trap means a trap that

  • (a) does not have any wings or leaders,

  • (b) is made of netting or plastic or wire mesh,

  • (c) is fastened on hoops or frames,

  • (d) is equipped with openings, the largest dimension of which does not exceed 2.5 cm, and

  • (e) is used to catch fish without enmeshing them; (nasse)

  fly fishing

  fly fishing means fishing by means of a fly line mounted on a rod designed specifically for that type of fishing and to which are attached artificial flies; (pêche à la mouche)

  hook

  hook means a shaft with one or more points and includes an artificial lure; (hameçon)

  hoop net

  hoop net means a fishing device that

  • (a) consists of a series of interconnected conical pockets narrowing at equal distances to a point,

  • (b) is equipped with one or more leaders or one or more wings,

  • (c) is made of netting or plastic or wire mesh, and

  • (d) is fastened to hoops or frames; (verveux)

  Indian

  Indian[Repealed, SOR/99-264, s. 1]

  Inuk

  Inuk[Repealed, SOR/99-264, s. 1]

  Lake Saint-Pierre

  Lake Saint-Pierre[Repealed, SOR/97-203, s. 1]

  Lake Saint-Pierre archipelago

  Lake Saint-Pierre archipelago[Repealed, SOR/97-203, s. 1]

  landing net

  landing net means a bag-shaped net that is mounted on a frame such that any dimension of the net does not exceed 90 cm; (épuisette)

  large

  large means, in respect of an Atlantic salmon, 63 cm or more in length; (grand)

  leader

  leader means a vertical panel that is attached to the front of fishing gear in order to lead fish towards the opening in the gear; (guideau)

  length

  length means

  • (a) in respect of an Atlantic salmon, the distance measured in a straight line from the tip of the snout to the fork of the tail, and

  • (b) in respect of any other fish, the distance measured in a straight line from the tip of the snout to the tip of the caudal fin; (longueur)

  licence

  licence means a document issued under these Regulations conferring on the holder the privilege to do the things described in the document, subject to the Fisheries Act, these Regulations and the terms and conditions prescribed in the licence; (permis)

  lift net

  lift net means a net that

  • (a) is made of netting or plastic or wire mesh,

  • (b) is fastened to a frame that is usually square-shaped,

  • (c) is attached to a rope,

  • (d) does not exceed 1.3 m in its fully extended length, and

  • (e) has a maximum mesh size of 2.5 cm; (carrelet)

  maximum size

  maximum size means, in relation to the hook of an artificial fly, a distance between the point of the hook and the shaft not exceeding

  • (a) 17 mm for a single hook,

  • (b) 13 mm for a double hook, or

  • (c) 7 mm for a triple hook; (taille maximale)

  mesh size

  mesh size means

  • (a) in respect to netting, the distance between the extreme angles of a single mesh measured inside the knots after being stretched to form two parallel straight lines, and

  • (b) in respect of plastic or wire mesh, the greatest distance across the opening of the mesh; (maillage)

  Minister

  Minister means

  • (a) in the case of the issuance of any of the commercial fishing licences listed in subitems 1(6) to (18) and (20), column 1, of Part 2 of Schedule 5, the Quebec Minister of Agriculture, Fisheries and Food,

  • (b) in the case of the issuance of a commercial fishing licence listed in subitem 1(19), column 1, of Part 2 of Schedule 5,

    • (i) if the licence is in respect of bait fish, the Minister responsible in the Province for the application of An Act respecting the conservation and development of wildlife, CQLR, c. C-61.1, and

    • (ii) if the licence is not in respect of bait fish, the Quebec Minister of Agriculture, Fisheries and Food, and

  • (c) in all other cases, the Minister responsible in the Province for the application of An Act respecting the conservation and development of wildlife, CQLR, c. C-61.1; (ministre)

  Ministry

  Ministry means the Ministry responsible for fishing in the Province; (ministère)

  night line

  night line means a line to which hooks are attached at intervals, but does not include a line used in angling; (ligne dormante)

  outfitter

  outfitter means, for the purposes of these Regulations, a territory established by an Order of the Minister and given to lease exclusive fishing rights to a company for developing the use of wildlife resources; (pourvoirie)

  park

  park means an area of the Province so designated under the Parks Act of Quebec, CQLR, c. P-9; (parc)

  pound net

  pound net means a fishing device that

  • (a) is equipped with one or more leaders and one or more wings,

  • (b) is made of netting, plastic or wire mesh or fascines, and

  • (c) is used to catch fish without enmeshing them; (trappe)

  Province

  Province means the Province of Quebec; (province)

  provincial legislation

  provincial legislation means An Act respecting the conservation and development of wildlife, CQLR, c. C-61.1, the Natural Heritage Conservation Act, CQLR, c. C-61.01, An Act respecting commercial fishing and commercial harvesting of aquatic plants, CQLR, c. P-9.01, the Parks Act, CQLR, c. P-9, or any regulations made under those Acts; (législation provinciale)

  Regional Director

  Regional Director[Repealed, SOR/2001-51, s. 1]

  resident

  resident has the same meaning as in the Act respecting the Conservation and Development of Wildlife of Quebec, CQLR, c. C-61.1; (résident)

  Saint-François Bay

  Saint-François Bay[Repealed, SOR/97-203, s. 1]

  salmon pool

  salmon pool means a place in a salmon river identified as a salmon pool by means of posted notices; (fosse à saumon)

  salmon river

  salmon river means a river, or a part of a river, that is set out in Schedule 6; (rivière à saumon)

  seine

  seine means a net that hangs vertically in the water with floats attached at the top and weights attached at the bottom, the ends of which are brought together or hauled to catch fish without enmeshing them; (seine)

  size

  size[Repealed, SOR/2008-322, s. 1]

  small

  small means, in respect of an Atlantic salmon, 30 cm in length or longer and less than 63 cm in length; (petit)

  Société

  Société[Repealed, SOR/2005-269, s. 1]

  sport fishing

  sport fishing means fishing for recreational purposes or for the personal use of the person who catches the fish; (pêche sportive)

  spouse

  spouse[Repealed, SOR/95-496, s. 1]

  tailer

  tailer means a device that consists of a snare attached to the end of a handle that ensnares fish by gripping them around the tail; (serre-queue)

  tidal waters

  tidal waters means

  • (a) those parts of the Gulf of St. Lawrence and the Baie des Chaleurs between the coastline of Quebec and an imaginary line commencing at the terminus of the Labrador-Quebec boundary in the Gulf of St. Lawrence, thence along a rhumb-line to a point at Latitude 49°25′N., Longitude 60°00′W.; thence along a rhumb-line to a point at Latitude 47°02′18″N., Longitude 60°45′W.; thence along a rhumb-line to a point at Latitude 47°08′25″N., Longitude 64°01′10″W.; thence due north to a point at Latitude 48°12′15″N., Longitude 64°02′10″W.; thence following the Quebec-New Brunswick boundary in the Baie des Chaleurs to the Campbellton Bridge,

  • (b) that part of the St. Lawrence River downstream from an imaginary line drawn from a point at Latitude 47°01′57″N., Longitude 70°48′40″W. (Pointe-aux-Prêtres) to a point at Latitude 46°56′06″N., Longitude 70°44′11″W. (Berthier-sur-Mer),

  • (c) that part of the Saguenay River downstream from the Dubuc Bridge at Chicoutimi, and

  • (d) that part of the York River downstream from the Gaspé Bridge; (eaux à marée)

  trammel net

  trammel net means a weighted net made of a series of three juxtaposed pieces of webbing with the centre web having a smaller mesh size than the side webs; (filet-trémail)

  trap net

  trap net means a fishing device that

  • (a) has one or more wings or leaders,

  • (b) terminates in a bag-shaped net,

  • (c) is attached to a stake,

  • (d) floats with the tide, and

  • (e) catches fish without enmeshing them; (filet à poche)

  weighted core line

  weighted core line means a fly line that, when folded firmly and then released, remains folded; (ligne à coeur métallique)

  weighted down line

  weighted down line means a fly line to which an external weight is attached; (ligne lestée)

  wildlife reserve

  wildlife reserve means a park, wildlife sanctuary or controlled zone established under provincial legislation; (territoire faunique)

  wildlife sanctuary

  wildlife sanctuary means an area of the Province so designated under the Act respecting the Conservation and Development of Wildlife of Quebec, CQLR, c. C-61.1; (réserve faunique)

  wing

  wing means a vertical panel made of wire mesh or netting, attached to one or both sides of fishing gear and used to lead fish towards the fishing gear or to catch fish. (aile)

• (2) A reference in these Regulations to a species or group of species of fish by its common name as set out in column 1 of Schedule 3 shall be construed as a reference to the species or group of species of fish whose scientific name is set out in column 2.

• (3) Where a period is set out in these Regulations, the period

  • (a) unless otherwise specified, begins at 00:01 h on the first day set out and ends at 24:00 h on the last day set out; and

  • (b) begins and ends in the same calendar year, except that where it is stated to end on a day in a month that occurs earlier in the calendar year than the month in which it begins, the period begins in one calendar year and ends in the next calendar year.

• (4) For the purposes of these Regulations, the weight of fish

  • (a) that have only their entrails removed shall be deemed to be the weight of the remaining fish plus one quarter of that weight;

  • (b) that have only their entrails and head removed shall be deemed to be the weight of the remaining fish plus two thirds of that weight; and

  • (c) that are filleted shall be deemed to be the weight of the fillets plus two and one-half times that weight.

Application

• 3 (1) Subject to subsections (2) and (3), these Regulations apply in respect of the management and control of fishing for freshwater fish and anadromous and catadromous species of fish in the waters of the Province and in tidal waters.

• (2) These Regulations do not apply in respect of fishing

  • (a) in the waters of a national park of Canada; or

  • (b) in any waters or facilities of an aquaculture site, a fishing pond, a breeding pond or a fish-tank for baitfish within the meaning of An Act respecting the conservation and development of wildlife, CQLR, c. C-61.1.

• (3) The fishing restrictions established by these Regulations do not apply to employees of the Ministry while performing their duties.

• (4) Sections 7 to 12 and 16 to 18 do not apply to a licence referred to in item 2, column 1, of Part 2 of Schedule 5.

• (5) Except for this section and section 2, subsections 4(3), (3.1) and (4) and sections 5, 10 and 23, 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.

PART IGeneral

Variation of Close Times, Fishing Quotas and Limits

• 4 (1) The Minister or a Director may vary close times, fishing quotas, fishing gear or equipment or limits on the length or weight of fish applicable to sport fishing that are fixed in respect of an Area under these Regulations so that the variation applies in respect of that Area or any portion of that Area.

• (2) The Minister or a Director may vary any close time applicable to commercial fishing under these Regulations in respect of the waters referred to in subsection 3(1) or to any portion of them.

• (3) The Minister may vary any close time fixed by the Aboriginal Communal Fishing Licences Regulations in respect of species of fish or waters referred to in subsection 3(1) so that the variation applies to all of the waters or to any portion of them.

• (3.1) Close times varied under subsections (1) to (3) are deemed to also vary the corresponding open season where applicable.

• (4) The authorized person making a variation under subsection (1), (2) or (3), shall give notice of it to the persons affected or likely to be affected by it using one or more of the following methods:

  • (a) broadcasting the notice over a radio or television station that broadcasts in the Area or in the vicinity of the Area affected by the variation;

  • (b) posting the notice in the Area or in the vicinity of the Area affected by the variation;

  • (c) having a fishery officer, a fishery guardian or a representative of the Ministry give oral notice of the variation to those persons;

  • (d) transmitting or posting the notice by electronic means;

  • (e) publishing the notice in a newspaper that is circulated in the vicinity of the Area affected by the variation;

  • (f) publishing the notice in the Gazette officielle du Québec; and

  • (g) publishing the notice in a newsletter or guide that deals with sport fishing or commercial fishing in Quebec, published by the Ministry or by the Quebec Ministry of Agriculture, Fisheries and Food.

Prohibitions

• 5 (1) Subject to subsections (2) to (4), no person shall fish unless the person

  • (a) is the holder of a licence referred to in Schedule 5 and issued by the Minister or a Director and fishes in accordance with the conditions of that licence; or

  • (b) is the holder of a licence issued under the Aboriginal Communal Fishing Licences Regulations and fishes in accordance with the conditions of that licence.

• (2) A person may fish without a licence if the person is

  • (a) a resident engaged in sport fishing for Atlantic tomcod or rainbow smelt in the St. Lawrence River and its tributaries downstream from the Laviolette Bridge (Trois-Rivières Bridge);

  • (b) a resident engaged in sport fishing, for species other than Atlantic salmon, in Area 21 or in that part of any river in Area 1 that is situated downstream from Highway 132, except for the trunk part between Sainte-Flavie and Matapédia;

  • (c) a resident engaged in sport fishing on the days and in the waters designated by the Minister or a Director for the purposes of promoting that activity;

  • (d) a resident engaged in sport fishing for freshwater shellfish or freshwater crustaceans; or

  • (e) a resident under 18 years of age who is engaged in sport fishing and who is in possession of a certificate attesting to their participation in the Quebec Wildlife Foundation’s Pêche en herbe program or the Ministry’s Relève à la pêche program.

• (3) A person may fish under the licence of a licence holder, or without a licence when the person fishes under the supervision of a holder of the appropriate licence, if the person

  • (a) is under 18 years of age and

    • (i) is the child of the holder of a licence referred to in Part 1 of Schedule 5,

    • (ii) is the child of the spouse or common-law partner of the holder of a licence referred to in Part 1 of Schedule 5,

    • (iii) fishes under the supervision of a person 18 years of age or over who is the holder of a licence referred to in Part 1 of Schedule 5, or

    • (iv) fishes under the supervision of the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part 1 of Schedule 5;

  • (b) is between 18 and 24 years of age, holds a valid student card and

    • (i) is the child of the holder of a licence referred to in Part 1 of Schedule 5,

    • (ii) is the child of the spouse or common-law partner of the holder of a licence referred to in Part 1of Schedule 5,

    • (iii) fishes under the supervision of a person 18 years of age or over who is the holder of a licence referred to in Part 1 of Schedule 5, or

    • (iv) fishes under the supervision of the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part 1 of Schedule 5; or

  • (c) is the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part 1 of Schedule 5.

• (4) A person may fish without a licence if the person

  • (a) engages in sport fishing in the boundary waters of the Ristigouche and Patapédia salmon rivers and holds, and fishes in accordance with the conditions of, a licence for sport fishing issued by New Brunswick; or

  • (b) engages in sport fishing in Area 25, in Clarice (Montbray Township), Labyrinthe (Dasserat Township) or Raven (Dufay Township) lakes or in that part of Lake Saint-François that is located west of a line drawn from Beaudette Point on the north shore to Saint-Louis Point on the south shore and holds, and fishes in accordance with the conditions of, a licence for sport fishing issued by Ontario.

• (5) If a person referred to in paragraph (2)(c) or (e) catches an Atlantic salmon, that person shall without delay return the fish to the waters in which it was caught and, if the fish is alive, release it in a manner that causes the least harm to the fish.

• (6) The persons referred to in subsections (3) and (4) are subject to the conditions of the applicable licence under the authority of which they are fishing.

5.1 No person shall fish on an ecological reserve.

5.2 No person shall possess any fish that has been caught in contravention of these Regulations.

Restricted Waters

6 No person other than an Indian as defined in subsection 2(1) of the Indian Act shall fish in any part of the Betsiamites River set out in item 7 of Schedule 6.

• 7 (1) Subject to subsection (2), no person shall fish for sucker, non-anadromous whitefish, sturgeon, mooneye, goldeye or burbot in Area 22, 23 or 24.

• (2) A person may fish in the Areas and for the species referred to in subsection (1) where the person is

  • (a) a beneficiary under section 10 of the Act respecting hunting and fishing rights in the James Bay and New Quebec territories of Quebec, CQLR, c. D-13.1; or

  • (b) a resident of a part of the Northeastern Quebec region lying below the 55th parallel as demarcated in Schedule 4 of that Act, who is engaged in sport fishing by angling in that part.

Fishing Method Restrictions

8 No person shall fish by means of one or more hooks used in such a manner as to pierce or hook a fish in any part of the body. This restriction does not apply in the event that a fish has taken the hook in its mouth.

9 No person shall engage in fishing, other than angling, anywhere that is less than 500 m downstream from any point on the mouth of a salmon river included in Area 18, 19, 20 or 28, or the mouth of a salmon river on the north shore of the St. Lawrence River or the Gulf of St. Lawrence included in Area 21.

10 No person shall

• (a) adjust or attempt to adjust the flow of a dam for the purpose of fishing or to facilitate fishing; or

• (b) deposit or install, in any water or on its bed, any material in order to divert or slow a water current or divert, slow or halt the movement of fish for the purpose of fishing or to facilitate fishing.

Fishing Gear Restrictions

11 No person shall have in the person’s possession a net, hoop net or night line unless

• (a) the person holds the appropriate licence set out in Schedule 5;

• (b) the person is licensed under provincial legislation to operate a fishing pond or facilities for breeding fish or keeping bait fish; or

• (c) the net, hoop net or night line is kept in a building or in a vehicle other than a boat.

• 12 (1) Subject to subsection (2), no person shall have in their possession any fishing gear within 100 m of any water where the use of that gear is prohibited under these Regulations.

• (2) Subsection (1) does not apply in respect of

  • (a) fishing gear that is located in a building or in a vehicle other than a boat; or

  • (b) persons who are crossing or moving alongside water to fish in other waters where the use of that gear is authorized.

• (3) For the purposes of paragraph (2)(b), when the gear is a hook other than an artificial fly, it must not be attached to the line, and when the person is also in possession of a rod, it must be rendered inoperative by

  • (a) disassembling it into sections;

  • (b) removing the reel from the rod; or

  • (c) storing the rod in a closed case.

Fish Tagging Requirements

• 13 (1) If a person catches and retains a fish and the person is required, under the terms of the person’s licence, to tag the fish, the person shall immediately affix to it, in the manner set out in the licence, a valid tag issued with the person’s licence.

• (2) Subject to subsection (3), every person who catches and retains an Atlantic salmon shall immediately affix to the fish one of the valid tags that was issued with the person’s licence in the sequence that is indicated on the tags.

• (3) An Atlantic salmon that is caught and retained shall be tagged by the person who hooked it with a valid tag issued with that person’s licence.

• (4) For the purposes of subsections (1) to (3), a tag is valid if

  • (a) it has not been used;

  • (b) it has not been modified or altered in any manner that renders any information on it illegible; and

  • (c) it can be affixed, in the manner indicated in subsection (2), to the fish that has been caught and retained.

• (5) Except in the circumstances described in subsection (7), no person shall possess a fish that was caught and retained under a licence that requires the fish to be tagged, and no person shall possess an Atlantic salmon, unless the fish or salmon is tagged in accordance with subsection (1), (2) or (3), as applicable.

• (6) Except in the circumstances described in subsection (7), no person shall possess

  • (a) an Atlantic salmon that came from another province or country, or a sturgeon that came from another province or country and that was caught in accordance with a commercial fishing licence, unless,

    • (i) it is tagged in accordance with the laws of that province or country,

    • (ii) a tag of a type approved by the Minister or a Director has been affixed to it in the manner described in subsection (2), or

    • (iii) it is being transported through the province to another province or another country;

  • (b) an Atlantic salmon that was obtained from the Ministry unless a tag of a type approved by the Ministry has been affixed to it in the manner described in subsection (2).

  • (c) [Repealed, SOR/2001-51, s. 5]

• (7) No person shall remove a tag that is affixed in accordance with this section except at the time the fish is prepared for human consumption.

14 [Repealed, SOR/2008-322, s. 8]

Use and Possession of Fish for Bait

• 15 (1) No person shall, in any waters where fishing with bait fish is not permitted and within a radius of 100 m from such waters,

  • (a) use fish for bait; or

  • (b) possess bait fish other than inside a dwelling-house.

• (2) A person who is fishing for bait fish under a commercial fishing licence listed in any of subitems 1(1) to (5) and (19), column 1, of Part 2 of Schedule 5, or who is fishing for bait fish in accordance with section 29, is not considered to possess bait fish for the purposes of subsection (1).

15.1 No person shall use a species of fish listed in Schedule 4 for bait.

Release of Fish

16 Every person who catches a fish

• (a) at a time or place where fishing for that fish is prohibited,

• (b) by a method or with fishing gear the use of which is prohibited for that fish,

• (c) the possession or retention of which is prohibited,

• (d) that is an Atlantic salmon, and that is hooked or pierced in any part of the body other than the mouth,

• (e) under the licence referred to in paragraph 1(d) or (i) of Part 1 of Schedule 5, or

• (f) in the case of an Atlantic salmon, under the licence referred to in paragraph 2(c) or (f) of Part 1 of Schedule 5,

shall without delay return the fish to the waters in which it was caught and, if the fish is alive, release it in a manner that causes the least harm to the fish.

16.1 Every person who voluntarily releases a fish caught during a period when the retention of such a fish is authorized shall do so in a manner that causes the least harm to the fish.

Spoilage of Fish

17 No person who catches and retains a fish suitable for human consumption shall let the fish spoil.

Shipment of Fish

• 18 (1) Subject to subsection (2), if the sale of fish of a species is prohibited by provincial legislation, no person shall ship out of the Province any fish of that species that is caught by sport fishing.

• (2) A person may take out of the Province fish that the person has caught or been given.

PART IILicensing

Issue of Licences and Tags

19 The Minister or a Director may issue

• (a) a licence referred to in Part 1 of Schedule 5 on receipt of an application; and

• (b) a licence referred to in column 1 of Part 2 of Schedule 5 on receipt of an application and payment of the applicable fee set out in column 2.

20 [Repealed, SOR/99-264, s. 9]

Terms and Conditions of Licence

• 21 (1) For the proper management and control of fisheries, the Minister or a Director, as the case may be, may specify in a licence any term or condition concerning one or more of the following matters:

  • (a) the species and quantity of fish that are permitted to be taken or transported;

  • (b) the age, sex, stage of development, length and weight of fish that are permitted to be taken or transported;

  • (c) the waters in which fishing is permitted;

  • (d) the period during which fishing is permitted or fish may be transported;

  • (e) the locations from or to which fish may be transported;

  • (f) the fishing vessels from which or to which fish may be transhipped;

  • (g) the fishing vessel permitted to be used, and the person or persons permitted to operate it;

  • (h) the size, type and quantity of fishing gear and equipment permitted and the manner in which they are to be used;

  • (i) the location where fishing gear may be installed;

  • (j) the distance required to be kept between fishing gear;

  • (k) the manner in which the fishing gear or fishing vessels shall be identified;

  • (l) the place and the time at which fish may be unloaded from a fishing vessel;

  • (m) the method whereby the fish may be unloaded from a fishing vessel and the method of determining their length or weight;

  • (n) the registers that a licence holder must keep of fishing activities undertaken under the licence or the sale or transportation of fish taken under the licence, as well as the way in which the registers shall be kept, their form, the frequency with which and the person to whom they shall be presented, and the period for which they must be retained;

  • (o) the identification and tagging of fish to determine its origin, its length or its weight, and the way in which the tags issued with the licence are to be recovered;

  • (p) the registration of the fish caught or transported; and

  • (q) the separation, on board the fishing vessel, of fish according to species.

• (2) For the proper management and control of fisheries, the Minister or a Director, as the case may be, may specify in a licence set out in subitem 2(1) or (2), column 1, of Part 2 of Schedule 5 any term or condition concerning one or more of the following matters:

  • (a) the persons authorized to fish under the authority of the licence;

  • (b) the manner in which fish caught for scientific, educational or management purposes shall be kept, released, displayed, used, transported or disposed of; and

  • (c) the manner in which scientific, educational, management and other data collected are to be reported.

• (3) For the purposes of the conservation and protection of fish, the Minister or a Director, as the case may be, may amend any conditions of a licence.

• (4) A notice of any amendment referred to in subsection (3) shall be

  • (a) sent to the licence holder by registered mail; or

  • (b) personally delivered to the licence holder by a fishery officer.

• (5) An amendment referred to in subsection (3) is effective from the time the licence holder receives the notice referred to in subsection (4).

• (6) A notice referred to in subsection (4) forms part of the licence to which it relates, and the licence holder shall, on receipt of the notice, attach it to the licence.

• 22 (1) Subject to subsection (2), every person, while engaged in fishing, shall have in their possession and, on the request of a fishery officer or fishery guardian, shall immediately produce, as the case may be,

  • (a) their licence or their valid commercial fisher’s identification certificate, if applicable, issued under subsection 49(2);

  • (b) their valid student card and the licence of the person under which they are fishing, if they are fishing under subparagraph 5(3)(b)(i) or (ii); or

  • (c) the licence of the person under which they are fishing, if they are fishing under paragraph 5(3)(c).

• (2) If a person who is a resident does not have a document required under subsection (1) in their possession, the person shall produce the document to a fishery officer or fishery guardian within seven days after the date of the request.

• 23 (1) Subject to subsections (2) and (3), a licence expires on March 31 following the date of issue unless otherwise provided in the licence.

• (2) A licence referred to in paragraph 2(a), (b), (d) or (e) of Part 1 of Schedule 5 expires on the earliest of

  • (a) the date on which the holder no longer possesses a valid tag issued with the licence,

  • (b) the date on which the Atlantic salmon fishing period comes to an end, and

  • (c) the date referred to in subsection (1).

• (3) A licence referred to in paragraph 2(c) or (f) of Part 1of Schedule 5 expires when the Atlantic salmon fishing period comes to an end.

• 24 (1) No person shall buy or have

  • (a) for the same year, more than one licence set out in paragraph 2(a) or (d) of Part 1 of Schedule 5, unless the licence is lost or stolen;

  • (b) if the person has already bought or already has a licence set out in paragraph 2(a) or (d) of Part 1 of Schedule 5 for a year, a licence set out in paragraph 2(b) or (e) of that Part;

  • (c) for the same day, more than one licence set out in paragraph 2(b) or (e) of Part 1 of Schedule 5; or

  • (d) a licence set out in paragraph 2(b) or (e) of Part 1 of Schedule 5 if the person has already caught and retained in the year a number of Atlantic salmon equal to the quota set out in section 36.

• (2) Despite paragraph 24(1)(c), the holder of a licence set out in paragraph 2(b) or (e) of Part I of Schedule 5 may, if that licence has expired on a previous day under paragraph 23(2)(a), buy another licence of the same type for the next day.

• 25 (1) A licence is invalid where it

  • (a) is issued based on a false declaration;

  • (b) contains false or misleading information;

  • (c) is modified or altered in any manner that renders any information on the licence illegible;

  • (d) does not bear the signature of its holder; or

  • (e) does not contain the information for which space is provided on the licence.

• (2) [Repealed, SOR/2003-176, s. 8]

• 25.1 (1) The licences referred to in item 1 of Part 1of Schedule 5 are not valid in salmon rivers during the Atlantic salmon fishing periods except in

  • (a) the waters of the Jacques-Cartier River referred to in item 41 of Schedule 6 that are between the Bird Dam at Pont-Rouge (46°44′55″N., 71°42′40″W.) and the bridge situated at the south entrance of the Valcartier military base (46°54′01″N., 71°30′40″W.); and

  • (b) the waters of the aux Rochers River referred to in item 89 of Schedule 6 that are between a straight line joining the point 50°01′05″N., 66°52′28″W. to the point 50°01′00″N., 66°52′20″W. and the downstream side of the bridge over the western branch of the river linking Port-Cartier-Ouest to Port-Cartier (Petit quai sector).

• (2) The licences referred to in item 2 of Part 1 of Schedule 5 are also valid for fishing for species other than Atlantic salmon in salmon rivers during the Atlantic salmon fishing periods.

PART IIISport Fishing

Application

26 This Part applies in respect of sport fishing.

Fishing Method Restrictions

27 Subject to sections 28, 29 and 31, no person engaged in sport fishing shall fish for or catch and retain a species of fish set out in column 1 of Schedule 1 in waters set out in column 2

• (a) during the close time set out in column 4; or

• (b) during a period other than the close time referred to in paragraph (a), if they fish using the gear or method set out in column 3.

27.1 No person shall engage in sport fishing, other than angling, in the waters of Areas 17, 22, 23 and 24.

28 No person shall engage in sport fishing, other than by angling, for

• (a) Atlantic salmon and landlocked salmon;

• (b) muskellunge and tiger muskellunge;

• (c) lake trout and splake trout; or

• (d) sturgeon.

• 29 (1) No person shall fish for bait fish unless they hold a licence referred to in item 1 of Part 1 of Schedule 5 or are fishing under the authority of such a licence and they fish using not more than one lift net or not more than three bait traps

  • (a) in waters where and during a period when the use of bait fish is permitted; or

  • (b) in any of Areas 1 to 29 other than during the close time, which begins on April 1 and ends on March 31.

• (2) For the purpose of subsection (1), the holder of the licence and any person fishing under the authority of the licence shall not use more than one lift net or more than three bait traps at any one time.

• (3) No person shall use a bait trap referred to in subsection (1) that is not under the person’s immediate supervision unless the name, address and licence number of the licence holder are on the trap.

• 30 (1) Subject to subsection (2), no person shall, while angling, use

  • (a) more than one line at a time or, if the use of more than one line for angling is permitted, more than the number of lines permitted;

  • (b) a line that is not closely and constantly attended by the person;

  • (c) a line that is equipped with more than three hooks, except when fishing for rainbow smelt in Area 21, when fishing for any species of fish in Area 25 or when fishing for any species of fish in that part of the waters of Lake Saint-François located in Area 8 and west of a line drawn from Beaudette Point on the north shore to Saint-Louis Point on the south shore;

  • (d) a line that is equipped with more than four hooks in Area 25 or in that part of the waters of Lake Saint-François located west of a line drawn from Beaudette Point on the north shore to Saint-Louis Point on the south shore;

  • (e) in a salmon river during a period when Atlantic salmon fishing is permitted, a line with more than one single or double hook;

  • (f) in a salmon river during a period when Atlantic salmon fishing is not permitted, a line whose hook or combination of hooks has a total of more than three points; or

  • (g) in waters reserved for fly fishing, a line whose hook or combination of hooks has a total of more than three points.

• (2) If the use of more than one line for angling is permitted, each line used by a person referred to in paragraph 5(3)(a), (b) or (c) is considered to be used by the holder of the licence.

• (3) No person shall engage in angling and in fly fishing simultaneously.

• 31 (1) Except as set out in Schedule 1, no person shall fish other than by fly fishing in a salmon river referred to in Schedule 6 or in waters reserved for fly fishing.

• (2) Except as set out in Schedule 1, no person shall fish in the waters referred to in subsection (1) by means of an artificial fly that is

  • (a) attached to a weighted core line or a weighted down line;

  • (b) baited; or

  • (c) equipped with a single, double or triple hook that is larger than the maximum size.

• (3) No person engaged in fly fishing in a salmon river shall use

  • (a) more than one artificial fly when Atlantic salmon fishing is authorized in that river; or

  • (b) more than two artificial flies when Atlantic salmon fishing is prohibited in that river.

• (4) No person engaged in fly fishing in waters reserved for fly fishing shall use more than two artificial flies.

32 Subject to section 29, no person who is engaged in sport fishing shall, for the purpose of landing a fish, use

• (a) any net other than a landing net;

• (b) a tailer that exceeds 2 m in length;

• (c) a spring gaff; or

• (d) in the case of Atlantic salmon, any gaff.

Fishing Location Restrictions

• 33 (1) No person shall engage in sport fishing from

  • (a) a bridge crossing a salmon river or an estuary thereof; or

  • (b) a motor boat in the waters of Saint-Jean River Wildlife Sanctuary or in that part of Matapédia-and-Patapédia-Rivers Wildlife Sanctuary between Causapscal River and the falls downstream from the Richard Salmon Pool situated near the boundary between Bonaventure and Matapédia counties.

• (2) No person shall engage in sport fishing from a boat or from any other floating apparatus in the waters of the Sainte-Anne River wildlife sanctuary or of the Cap-Chat River, Dartmouth River, Matane River or Petit-Saguenay River controlled zones.

Close Times

34 No person shall fish in any salmon river during the period beginning one hour after sunset and ending one hour before sunrise other than from December 1 to the Thursday preceding the fourth Friday in April in places where and during periods when fishing for rainbow smelt is authorized.

Fishing Quotas

• 35 (1) Subject to subsection (2), no person engaged in sport fishing shall catch and retain in any one day from the waters set out in an item of Schedule 2 more fish of a species set out in that item than the daily fishing quota set out in that item.

• (2) No person shall, in any one day,

  • (a) subject to section 36, catch and retain more Atlantic salmon referred to in Schedule 2 from a salmon river set out in Schedule 6 than the highest daily fishing quota set out in Schedule 2 for that river; or

  • (b) catch and release more Atlantic salmon referred to in Schedule 2 from a salmon river set out in Schedule 6 than the highest daily fishing quota set out in Schedule 2 for that river.

• (3) For the purposes of subsections (1) and (2), fish caught and retained by a person referred to in paragraph 5(3)(a), (b) or (c) or, in the case of Atlantic salmon, fish caught and released by that person shall be counted as fish caught by the holder of the licence.

• (4) For the purposes of subsections (1) and (2), fish caught and retained or Atlantic salmon caught and released in waters adjacent to waters set out in Schedules 2 and 6 shall be counted as fish from the waters set out in those Schedules.

36 No person shall catch and retain in any year more than four Atlantic salmon and, of those, all four can be small or three can be small and one may be large.

• 37 (1) Subject to subsection (2), no person shall, during any day, continue to fish for a species of fish in waters set out in Schedule 2 after the person has, during that day, caught and retained, in a body of water, the number of fish corresponding to the daily fishing quota stipulated in that Schedule for that species in respect of that body of water, unless the fishing continues in another body of water where the daily fishing quota stipulated for that species is higher.

• (2) No person shall, during any day, continue to fish in any salmon river set out in Schedule 6 and included in Area 1, 2, 3, 18, 21, 27 or 28 after the person has, during that day, caught and retained or, if the daily quota set out in Schedule 2 applies in respect of catching and releasing, caught and released in that river a number of Atlantic salmon equal to the highest daily fishing quota of Atlantic salmon for the rivers in those Areas.

Possession Restrictions

38 No person shall have in the person’s possession, other than at the person’s permanent residence, any fish taken by sport fishing that are skinned, cut or packed in such a manner that

• (a) the species cannot be readily identified;

• (b) the number of fish cannot be readily counted; or

• (c) the length of fish cannot be readily measured where a length limit is applicable.

38.1 Section 38 does not apply to prohibit the possession of the equivalent in fillets of a sauger or walleye that

• (a) measures 30 cm or more in length and has been taken from the waters referred to in Schedule 2 and for which a minimum length limit of 30 cm has been set if the two fillets measure 20 cm or more in length with the skin adhering completely to the flesh; and

• (b) measures 35 cm or more in length and has been taken from the waters referred to in Schedule 2 and for which a minimum length limit of 35 cm has been set if the two fillets measure 23 cm or more in length with the skin adhering completely to the flesh.

38.2 Subject to section 29, no person shall have in their possession a fish taken by sport fishing that is of a species set out in column 1 of Schedule 1 in waters set out in column 2 during the close time set out in column 4.

• 39 (1) No person shall have in their possession

  • (a) in the waters in which the person is engaged in sport fishing, more fish than the daily quota set out in Schedule 2 for that species for the waters in which the person is fishing;

  • (b) in a wildlife reserve or a communal wildlife area, more fish taken by sport fishing than the daily quota set out in Schedule 2 for that species for the waters of that wildlife reserve or communal wildlife area; or

  • (c) in any place, for species of fish other than Atlantic salmon,

    • (i) subject to subsection (2), more fish taken by sport fishing in an Area than the highest daily fishing quota set out in Schedule 2 for that species for the waters of that Area, or

    • (ii) more fish taken by sport fishing than the highest daily fishing quota set out in Schedule 2 for that species for the waters of all the Areas.

• (2) A person may possess more lake trout or splake trout taken by sport fishing from an Area than the daily quota set out in Schedule 2 for those species in that Area if the lake trout or splake trout in excess of that quota are taken from waters of an outfitter and if the total number of lake trout and splake trout possessed by that person and taken in that Area does not exceed the highest daily quota for the waters of outfitters in that Area.

Length Limits

40 No person engaged in sport fishing shall catch and retain or possess fish of a length that does not comply with the length limit set out in an item of Schedule 2 from waters set out in that item.

Salmon Registration

• 41 (1) Every person who catches and retains an Atlantic salmon shall, within 48 hours after leaving the fishing location or immediately if requested to do so by a fishery officer, register the salmon in accordance with subsections (2) to (4).

• (2) The person shall register the Atlantic salmon at the registration station that has been established for the body of water in which the salmon was caught by presenting their fishing licence and the salmon, either whole or gutted, and allowing a sample to be taken or an examination to be made for scientific purposes.

• (3) If the registration station is not in operation, the person shall register the Atlantic salmon by using any self-registration procedure that is available at the station — including by completing and signing any required form in accordance with the instructions given and depositing it in the indicated location — or, if self-registration is not available, by using any remote registration procedure that has been implemented for the station.

• (4) If none of the methods of registration referred to in subsections (2) and (3) are available, the person shall register the Atlantic salmon using any remote registration procedure that is specified by the Minister.

Burbot Fishing

• 42 (1) The holder of a licence set out in item 3 of Part 1 of Schedule 5 shall affix a valid tag issued with their licence to the identification marker for each of the night lines they are using and shall ensure that the night lines all rest continuously on the bottom of the water.

• (2) The tag is not valid if it has been modified or altered in any manner that renders any information on the tag illegible.

43 [Repealed, SOR/2008-322, s. 28]

Whitefish

44 [Repealed, SOR/93-118, s. 18]

45 [Repealed, SOR/2008-322, s. 28]

PART IVCommercial Fishing

Application

• 46 (1) This Part applies in respect of commercial fishing.

• (2) [Repealed, SOR/2003-176, s. 14]

Close Times and Fishing Quotas

47 No person shall engage in commercial fishing under the authority of a licence referred to in item 1, column 1, of Part 2 of Schedule 5 for fish of a species

• (a) that may not be taken or transported under the conditions of the licence;

• (b) in waters in which a person may not engage in fishing for that species under the conditions of the licence;

• (c) during a period in which a person may not engage in fishing for that species under the conditions of the licence;

• (d) during a period in which that species may not be transported under the conditions of the licence;

• (e) with a type, quantity or size of fishing gear that may not be used to fish for that species under the conditions of the licence; and

• (f) in a manner that may not be used to fish for that species under the conditions of the licence.

48 No person who is engaged in commercial fishing under the authority of a licence referred to in item 1, column 1, of Part 2 of Schedule 5 shall catch and retain fish of a species

• (a) in a quantity greater than that which may be taken or transported in respect of that species under the conditions of the licence; and

• (b) that, because of age, sex, stage of development, length or weight, may not be taken or transported under the conditions of the licence.

Identification of Fishing Gear

• 49 (1) No person who engages in commercial fishing under the authority of a licence referred to in item 1, column 1, of Part 2 of Schedule 5 may use a fishing vessel in any tidal waters, or fishing gear in any waters, unless a valid identification plate that was provided with the licence is affixed to the vessel or gear in the manner indicated in the licence.

• (2) The Minister or a Director, as the case may be, shall issue the identification plates referred to in subsection (1), or a commercial fisher’s identification certificate, upon payment of an annual fee of $10 per licence holder.

• (3) For the purposes of subsection (1), an identification plate is valid if it has not been modified in any way.

• (4) For the purposes of section 22, a commercial fisher’s identification certificate is valid only if it has been signed by the licence holder and has not been modified in any way.

• 50 (1) No person who is engaged in commercial fishing under the authority of a licence referred to in item 1, column 1, of Part 2 of Schedule 5 may catch or retain any species of fish referred to in subsection 3(1) in the waters referred to in that subsection during the close time beginning on January 1 and ending on the last day of February.

• (2) The close time referred to in subsection (1) is considered to be a separate close time for every species of fish referred to in subsection 3(1) found in the waters referred to in that subsection.

51 [Repealed, SOR/99-264, s. 27]

52 to 55 [Repealed, SOR/2001-51, s. 19]

Application

56 These Regulations shall apply according to their terms before they are published in the Canada Gazette.