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

14 [Repealed, SOR/2008-322, s. 8]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20 [Repealed, SOR/99-264, s. 9]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.