Maritime Provinces Fishery Regulations

4 (1) Subject to subsections (2) to (5), no person shall fish for or catch and retain any fish unless

• (a) the person is

  • (i) authorized to do so under the authority of a licence issued under these Regulations, the Fishery (General) Regulations or the Aboriginal Communal Fishing Licences Regulations, or

  • (ii) accompanying a person referred to in subparagraph (i) and is fishing for

    • (A) eels with eel traps,

    • (B) gaspereau with gill nets, trap nets, square nets or weirs,

    • (C) shad with gill nets, square nets or trap nets,

    • (D) silversides with trap nets,

    • (E) smelt with bag nets, box nets or gill nets,

    • (F) sturgeon with gill nets, or

    • (G) tomcod with bag nets, box nets or gill nets;

• (b) the person holds a fisher’s registration card or a provincial or territorial fisher’s certificate, as defined in section 2 of the Fishery (General) Regulations; and

• (c) where a vessel is used in fishing, a vessel registration card has been issued in respect of that vessel.

(2) A person may retain

• (a) shad incidentally caught with gaspereau fishing gear operated under the authority of a licence;

• (b) [Repealed, SOR/96-125, s. 1]

• (c) tomcod incidentally caught with smelt fishing gear operated under the authority of a licence.

(3) Subsection (1) does not apply in respect of

• (a) recreational fishing by angling or with set lines;

• (b) recreational fishing for clams or mussels by hand or with hand-held tools;

• (c) recreational fishing for eels, smelt or tomcod with spears in tidal waters;

• (d) recreational fishing for smelt with dip nets;

• (e) recreational fishing for gaspereau with dip nets in waters other than

  • (i) the inland and tidal waters of Prince Edward Island, and

  • (ii) the inland waters of the Miramichi River and the Saint John River;

• (f) fishing for oysters in a leased oyster area; or

• (g) fishing for minnows with minnow traps or dip nets.

(4) Paragraphs (1)(b) and (c) do not apply in respect of fishing under the authority of a recreational fishing licence or a licence issued under the Aboriginal Communal Fishing Licences Regulations.

(5) Paragraph (1)(c) does not apply in respect of fishing for oysters in a public oyster-fishing area in the inland or tidal waters of Prince Edward Island or Nova Scotia.