Alberta Fishery Regulations, 1998 (SOR/98-246)

PART 3Sportfishing

Application

14 This Part applies only to sportfishing.

Close Times

15 No person shall sportfish in the waters set out in column 1 of an item of Schedule 4 during a close time set out in column 2 of that item.

Catch Limits

• 16 (1) No person shall in any day catch and retain from the waters set out in column 2 of an item of Schedule 5 more fish of any species set out in column 1 of that item than the quota set out in column 3 of that item.

• (2) No person shall catch and retain from the waters set out in column 2 of an item of Schedule 5 a fish of any species set out in column 1 of that item that is of a prohibited length as set out in column 4 of that item.

Possession Limits

• 17 (1) No person shall possess more fish of a species than the daily quota determined under subsection 16(1) for that species for the waters in which the person is fishing.

• (2) No person shall at any time possess more fish of a species set out in column 1 of an item of Schedule 6 than the quota set out in column 2 of that item.

18 No person shall possess a lake sturgeon unless authorized by a Sturgeon Fishing Licence issued under the provincial Act.

Angling Restrictions

19 No person shall angle using

• (a) more than three hooks attached to a line;

• (b) a hook with more than three points on a common shaft;

• (c) a lure with more than three hooks as part of it;

• (d) in open water, more than one line;

• (e) in ice-covered water, more than two lines;

• (f) a spring-loaded hook; or

• (g) any fish as bait, other than dead bait fish, dead smelt, dead herring, dead shrimp, dead fish eggs or the skin, fins or eyes of game fish caught by angling.

20 No person shall

• (a) fish by snagging;

• (b) possess fish taken by snagging;

• (c) possess a snagging device; or

• (d) possess a gaff hook while angling.

21 No person angling shall be more than 30 m from any line that the person has in the water.

22 No person shall angle through ice in

• (a) any flowing waters in Fish Management Zone 1, except the portion of the Lobstick River lying in 53, 54-9, 10-W5; or

• (b) any beaver pond.

23 No person shall fish with prohibited gear or bait set out in column 1 of an item of Schedule 7 in waters set out in column 2 of that item during the close time set out in column 3 of that item.

Dip Net, Minnow Trap and Seine Net Restrictions

24 No person shall fish with a dip net, seine net or minnow trap

• (a) for any fish other than bait fish or crayfish; or

• (b) in any waters set out in column 2 of items 3 to 6 of Schedule 7 during the close times set out in column 3 of those items.

• 25 (1) No person shall fish with a minnow trap unless

  • (a) it is visibly and legibly marked with the person’s name and address; or

  • (b) it does not exceed 60 m in length or 30 cm in width, depth or diameter.

• (2) No person shall fish with more than two minnow traps.

26 No person shall fish with a seine net that exceeds 3 m in length or 2 m in depth.

Bow and Arrow Restrictions

• 27 (1) No person shall fish with a bow and arrow for Arctic grayling, trout, mountain whitefish, lake sturgeon, walleye or northern pike.

• (2) No person shall fish with a crossbow.

Spear Restrictions

• 28 (1) No person shall fish with a spear except when swimming and unless the spear is propelled by a spring, an elastic, compressed gas or by hand.

• (2) Despite subsection (1), no person shall fish with a spear for Arctic grayling, trout, mountain whitefish, lake sturgeon, walleye or northern pike.

PART 4Commercial Fishing

Application

29 This Part applies to any person engaged in fishing under the authority of a licence issued under the Act or the provincial Act that authorizes the holder of the licence to sell fish.

Restrictions

30 Except when sportfishing, no person shall fish for bait fish unless authorized by a Commercial Bait Fishing Licence issued under the provincial Act.

• 31 (1) No person shall fish in the waters set out in column 1 of an item of Part 1 or 2 of Schedule 8 during a close time set out in column 3 of that item using gear set out in column 2 of that item.

• (2) If a close time for fishing with gill nets is varied under subsection 3(1) to permit fishing, the Director shall specify in the order that one or more of the gill net mesh size limits set out in the table to this subsection are permitted.

  Item	Permitted Mesh Size
  1	51 mm
  2	not less than 51 mm
  3	63 mm
  4	not less than 63 mm
  5	70 mm
  6	not less than 70 mm
  7	76 mm
  8	not less than 76 mm
  9	89 mm
  10	not less than 89 mm
  11	102 mm
  12	not less than 102 mm
  13	not more than 102 mm
  14	114 mm
  15	not less than 114 mm
  16	127 mm
  17	not less than 127 mm
  18	140 mm
  19	not less than 140 mm
  20	152 mm
  21	not less than 152 mm
  22	159 mm
  23	not less than 159 mm
  24	165 mm
  25	not less than 165 mm
  26	178 mm
  27	not less than 178 mm

32 If a mesh size limit is specified in an order referred to in subsection 31(2), no person fishing in waters to which the order applies shall use a gill net that has a mesh size other than that specified in the order for those waters.

Notification of Quota Taken

• 33 (1) If a fishery officer has determined that a fishing quota for a species of fish set out in column 4 of an item of Part 1 or 2 of Schedule 8, in the waters set out in column 1 of that item, with the gear set out in column 2 of that item, has been or is about to be taken, the fishery officer shall give notice that the quota has been taken.

• (2) The notice referred to in subsection (1) shall be given to the persons affected or likely to be affected by the notice by one or more of the methods listed in subsection 3(2).

34 No person shall fish for any species of fish in any waters set out in a notice given under subsection 33(1) with the type of gear specified in the notice.

PART 5Ticketable Offences

Prescribed Offence

35 The contravention of a provision of these Regulations set out in column 1 of an item of Schedule 9 is an offence to which section 79.7 of the Act applies and that may be described in tickets in the manner set out in column 2 of that item.

Fines

36 If proceedings are commenced under section 79.7 of the Act, the amount of the fine for an offence described in column 2 of an item of Schedule 9 is the amount set out in column 3 of that item.

Repeal

37 [Repeal]

Coming into Force

38 These Regulations come into force on April 23, 1998.