GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Atlantic Fishery Regulations, 1985 — (a)
length , in relation to (a) a herring, a mackerel or a salmon, means the distance measured in a straight line from the tip of the nose to the fork of the tail, (b) a swordfish, means the distance measured in a straight line from the tip of the lower jaw to the fork of the tail, (c) a clam, mussel or oyster, means the distance measured in a straight line through the longest part of the shell, (d) a lobster, means the distance from the rear of either eye socket to the rear end of the carapace, measured along a straight line parallel to the centre line of the carapace of the lobster, and (e) a groundfish, means the distance measured in a straight line from the tip of the nose or, if the head has been removed, from the foremost point of the fish to the fork of the tail or, if the tail has been removed, to the end of the fish; ( longueur )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
licence means a licence authorizing a person to fish for the species of fish specified in the licence, to harvest the species of marine plants specified in the licence or to transport fish as specified in the licence; ( permis )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
Lobster Fishing Area means a Lobster Fishing Area illustrated and enumerated in Schedule XIII; ( zone de pêche du homard )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
longline means a line that has a series of fish hooks attached and is used to catch fish but does not include angling gear or hand-lines; ( palangre )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
Mackerel Fishing Area means a Mackerel Fishing Area illustrated and enumerated in Schedule IX; ( zone de pêche du maquereau )
Atlantic Fishery Regulations, 1985 — (a)
mesh size means, in respect of netting (a) in a crab trap, the distance measured in a straight line inside the knots forming any one side of a single mesh, (b) in an otter trawl, the average size of any 20 meshes that are measured by inserting into the meshes a flat wedge-shaped gauge having a taper of 2 cm in 8 cm and a thickness of 2.3 mm with a weight of 5 kg attached, and (c) in any other case, the total length of the twine measured along two contiguous sides of a single mesh, including the distance across the knot joining those sides but not including any other knots; ( maillage )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
mobile gear means otter trawls, purse seines and scallop drags; ( engin mobile )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
monofilament means a single continuous filament made from polyethylene, polyvinylidene chloride or any similar type of synthetic material that has not been braided or woven; ( monofilament )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
otter trawl means an otter or other trawl of a similar nature and includes a Danish seine , a Scottish seine and a midwater trawl; ( chalut à panneaux )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
overall length in relation to a vessel, means the horizontal distance measured between perpendicular lines drawn at the extreme ends of the outside of the main hull of the vessel; ( longueur hors tout )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
provincial or territorial fisher’s certificate has the same meaning as in section 2 of the Fishery (General) Regulations ; (certificat provincial ou territorial de pêcheur)
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
recreational fishing means fishing solely for pleasure or fishing where the fish caught are solely for personal use; ( pêche récréative )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
Regional Director-General [Repealed, SOR/93-61, s. 1]
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
registered means registered with the Department pursuant to section 17.1; ( enregistré )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
Salmon Fishing Area means a Salmon Fishing Area illustrated and enumerated in Schedule XXI; ( zone de pêche du saumon )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
scallop drag means a type of scallop fishing gear towed in the sea by a vessel and that consists of a bag-like net of steel meshes and twine meshes, the closed end of the net having attached to it a dumping bar and the open end of the net being attached to a steel rectangular frame, and includes any other similar fishing gear; ( drague à pétoncles )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
Scallop Fishing Area means a Scallop Fishing Area illustrated and enumerated in Schedule XV; ( zone de pêche du pétoncle )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
seine means a net that hangs vertically in the water with floats attached at the top of the net and weights attached at the bottom, the ends of which are brought together or hauled ashore, and includes a bar seine, beach seine, drag seine or other similar type of net, but does not include a purse seine; ( seine )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
shell height , in relation to a scallop, means the distance from the outer edge of the shell at the midpoint of the hinge to the farthest point on the outer edge of the shell opposite to the hinge, measured in a straight line; ( hauteur de la coquille )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
Shrimp Fishing Area means a Shrimp Fishing Area illustrated and enumerated in Schedule XVII; ( zone de pêche de la crevette )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
Squid Fishing Area means a Squid Fishing Area illustrated and enumerated in Schedule XIX; ( zone de pêche du calmar )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
Subarea means a Subarea described in Schedule III; ( sous-zone )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
Subdivision means a Subdivision described in Schedule III; ( sous-division )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
trap net means a net that is set so as to enclose an area of water into which fish are guided through an opening or openings by one or more leaders; ( filet-piège or trappe en filet )
Atlantic Fishery Regulations, 1985 — (a)
weir means an apparatus that (a) is constructed of stakes attached to the seabed and held together with one or more sets of ribands, (b) is surrounded by brush, twine or wire netting, and (c) consists of one or more holding compartments or pounds into which fish are guided by one or more leaders; ( bordigue )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
width , in relation to a clam or crab, means the distance measured in a straight line through the greatest breadth of the shell. ( largeur )
Atlantic Fishery Regulations, 1985 — 3
3 (1) Subject to subsections (2) and (3), these Regulations apply to the management and control of fishing for the species of fish that are set out in Schedule I and that originate from (a) the Convention Area; (b) the tidal waters of the Provinces of New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island and Quebec; (c) the waters of Ungava Bay; and (d) the waters of Hudson Strait lying east of 70°00′ west longitude. (2) Where no species of fish is referred to in a provision of Part IV or XI, that provision applies in respect of any species of fish, whether or not that species is set out in Schedule I. (2.1) Subject to paragraph (3)(c), these Regulations apply to the management and control of the harvesting of marine plants in the Atlantic coastal waters of Canada. (3) These Regulations do not apply in respect of (a) a foreign fishing vessel or a person fishing on board such a vessel, except where the vessel is used for recreational fishing in Canadian fisheries waters; (b) fishing for anadromous or catadromous fish in tidal waters of Quebec as defined in the Quebec Fishery Regulations ; (c) manual harvesting of dulse or harvesting of other marine plants that have become detached from the bottom; (d) angling for salmon; or (e) any cultivated Atlantic salmon that are found in or taken from an aquaculture facility or any cultivated clams, mussels, oysters or scallops, of any species, that are so found or taken. (4) Subject to paragraph 49.01(c) and subsections 49.3(2) and 91(1), the close times set out in these Regulations do not apply with respect to recreational fishing in accordance with subsection 15(1) or (2). (5) Sections 13 to 14, 17, 17.1, 20 to 22, 39 to 45 and 46 to 50, subsection 51.3(1) and sections 51.4, 52, 54, 57, 61, 61.1, 63, 66, 68, 69, 70.1 to 72, 74, 77, 78, 80, 82, 83, 87, 90, 91, 99, 106, 106.1 and 108 to 115.1 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 and sections 18 and 19 do not apply to the issuance of licences under those Regulations. (6) Despite subsection (5), only sections 51, 53, 54, 59, 61, 61.1, 68, 76, 78 to 80 and 86 and Part X apply in respect of Inuit domestic fishing, being the exercise by a person of the right to harvest any species or stock of fish for food, social and ceremonial purposes in accordance with the Agreement defined in section 2 of the Labrador Inuit Land Claims Agreement Act . SOR/87-468, s. 2(F); SOR/89-268, s. 1; SOR/93-61, s. 2; SOR/94-60, s. 2; SOR/97-253, s. 1; SOR/2001-212, s. 1; SOR/2002-225, s. 4; SOR/2003-314, s. 1; SOR/2005-268, s. 1; SOR/2007-20, s. 1; SOR/2011-39, s. 1; SOR/2017-58, s. 23; SOR/2018-110, s. 5 SOR/2020-246, s. 1 SOR/2021-100, s. 1 SOR/2021-101, s. 1 SOR/2022-196, s. 1(E)
Atlantic Fishery Regulations, 1985 — 12
12 In this Part, document means a fisherman’s registration card, a vessel registration card or a licence.
Atlantic Fishery Regulations, 1985 — 13
13 (1) Subject to section 15 and subsection 51.1(2), no person shall use a vessel, and no owner of a vessel shall permit another person to use the vessel, in fishing for any species of fish referred to in these Regulations unless (a) a vessel registration card has been issued in respect of the vessel; (b) the use of the vessel to fish for that species of fish is authorized by a licence; and (c) subject to subsection (2), the person who is using the vessel is named in the licence referred to in paragraph (b). (2) If a licence is issued authorizing the use of a vessel to fish for a species of fish and an operator is not named in the licence, any registered fisher or any person holding a provincial or territorial fisher’s certificate may operate that vessel to fish for that species. SOR/87-468, s. 5(F); SOR/93-61, s. 4 SOR/2020-255, s. 3
Atlantic Fishery Regulations, 1985 — 13.1
13.1 (1) Subject to subsection (2), no person shall use a vessel, and no owner of a vessel shall permit another person to use that vessel, to transport any species of fresh fish referred to in these Regulations unless (a) a vessel registration card has been issued in respect of the vessel; and (b) the use of that vessel to transport that species is authorized by a licence. (2) Subsection (1) does not apply where the vessel used in transporting fresh fish is (a) the vessel that was engaged in the catching of that fish; or (b) a vessel designated under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations . SOR/91-498, s. 4; SOR/93-337, s. 1; SOR/2017-58, s. 12(F)
Atlantic Fishery Regulations, 1985 — 13.2
13.2 No person who is fishing under the authority of a licence that does not specify the use of a specific vessel shall permit a vessel to be used to transport any species of fresh fish caught under the authority of that licence unless the use of that vessel to transport that species is authorized by a licence. SOR/91-498, s. 4
Atlantic Fishery Regulations, 1985 — 14
14 (1) Subject to subsection (4) and section 15, no person shall fish for any species of fish set out in Schedule I unless (a) the person holds a fisher’s registration card or a provincial or territorial fisher’s certificate; and (b) the person is authorized under subsection (2) to fish for that species. (2) Subject to subsection (3), a person is authorized to fish for a species of fish if that person is (a) the holder of a licence for that species; (b) on board a vessel and is named as the operator of that vessel in a licence that authorizes the use of that vessel to fish for that species; (c) accompanying a person referred to in paragraph (a) or (b); (d) on board a vessel the owner of which is the holder of a licence that authorizes the use of that vessel in fishing for that species and an operator is not named in the licence; or (e) authorized in accordance with subsection 23(2) of the Fishery (General) Regulations . (3) Paragraphs 2(b) to (d) do not apply to a person engaged in recreational fishing. (4) A person who is less than 16 years of age may engage in fishing without being registered or without holding a provincial or territorial fisher’s certificate. SOR/93-61, s. 54(E) SOR/2020-246, s. 2 SOR/2020-255, s. 4
Atlantic Fishery Regulations, 1985 — 15
15 (1) The holder of a licence for recreational fishing may fish for a species specified in that licence (a) without being registered or without holding a provincial or territorial fisher’s certificate; and (b) from a vessel that is not registered. (2) A person may, without being registered, without holding a provincial or territorial fisher’s certificate or without being licensed, and with a vessel that is not registered, engage in recreational fishing (a) for groundfish with a hand-line or by angling; (b) for mackerel with a hand-line or by angling; (c) for capelin with any fishing gear other than trap nets, seines or mobile gear; or (d) for squid with any fishing gear other than trap nets or mobile gear. (2.1) A person less than 16 years of age who does not hold a licence may engage in recreational fishing when accompanied by the holder of a recreational fishing licence if the fishing is done in accordance with the conditions of the licence. (3) A person who is designated under paragraph 4(2)(a) or subsection 4(3) of the Aboriginal Communal Fishing Licences Regulations to fish under the authority of a licence issued under subsection 4(1) of those Regulations may engage in fishing in accordance with the conditions of that licence (a) without being registered or without holding a provincial or territorial fisher’s certificate; and (b) from a vessel that is not registered. SOR/93-337, s. 2; SOR/2001-212, s. 2; SOR/2002-225, s. 5; SOR/2006-132, s. 1 SOR/2020-255, s. 5
Atlantic Fishery Regulations, 1985 — 16
16 No person shall harvest marine plants except under the authority of a licence issued for that purpose by the Minister under section 45 of the Act. SOR/93-61, s. 5
Atlantic Fishery Regulations, 1985 — 17
17 (1) An application for a document is to be made to the Minister on a form supplied by the Minister and accompanied by the appropriate fee. (2) Subject to subsections (2.1) to (2.3), the fee for a document set out in column I of an item of Part I of Schedule II is the fee set out in column II of that item. (2.1) Subject to subsections (2.2) and (2.3), if a commercial fishing licence authorizes the taking of specific quantities of any species set out in Part II of Schedule II, the fee for the licence shall be the sum of the products determined by multiplying the number of tonnes of each species set out in column I of Part II that are authorized to be taken under the licence from the waters set out in column II by the fee per tonne set out in column III. (2.2) Where any product calculated pursuant to subsection (2.1) in respect of any species of fish, other than groundfish, (a) is less than $2,500.00 that product shall be reduced by 40 percent; or (b) is $2,500.00 or more that product shall be reduced by $1,000.00. (2.3) Where the sum of the products calculated pursuant to subsection (2.1) in respect of all species of groundfish (a) is less than $2,500.00 that sum shall be reduced by 40 percent; or (b) is $2,500.00 or more that sum shall be reduced by $1,000.00. (3) to (5) [Repealed, SOR/93-61, s. 6] SOR/86-1000, s. 2; SOR/87-672, s. 2; SOR/89-584, s. 2; SOR/93-61, s. 6; SOR/96-1, s. 1 SOR/2022-196, s. 2(E)
Atlantic Fishery Regulations, 1985 — 17.1
17.1 (1) Where, pursuant to section 17, the Minister receives an application for a fisher’s registration card or a vessel registration card, he may issue that card. (2) Where, pursuant to subsection (1), the Minister issues a fisher’s registration card to a person or a vessel registration card in respect of a vessel, that person or vessel is registered with the Department. SOR/93-61, s. 54(E)
Atlantic Fishery Regulations, 1985 — 17.2
17.2 (1) The following definitions apply in this Part. family member has the meaning assigned by paragraph (a) of the definition related persons in subsection 251(2) of the Income Tax Act . ( membre de la famille ) inshore family fishing corporation means a corporation that operates an inshore fishing enterprise and that meets the following conditions: (a) 100% of its voting shares are held by a licence holder; (b) the sole director is the licence holder or, if the licence holder is a corporation, all of the shares of which belong to one individual, that individual; and (c) 100% of its non-voting shares, if any, are held by (i) a member of the licence holder’s family or, if the licence holder is a corporation, all of the shares of which belong to one individual, a member of that individual’s family, or (ii) an inshore fishing corporation or an inshore fishing family trust. ( société familiale de pêche côtière ) inshore fishing corporation means a corporation that meets the following conditions: (a) 100% of its voting shares are held by a licence holder; (b) the sole director is the licence holder or, if the licence holder is a corporation, all of the shares of which belong to one individual, that individual; and (c) 100% of its non-voting shares, if any, are held by (i) a member of the licence holder’s family or, if the licence holder is a corporation, all of the shares of which belong to one individual, a member of that individual’s family, or (ii) an inshore fishing corporation or an inshore fishing family trust. ( société de pêche côtière ) inshore fishing family trust means a trust (a) that has as its sole trustee a licence holder or, if the licence holder is a corporation all of the shares of which belong to one individual, that individual; and (b) for which each beneficiary must be either a member of the licence holder’s family or, if the licence holder is a corporation all of the shares of which belong to one individual, a member of that individual’s family or an inshore fishing company. ( fiducie familiale de pêche côtière ) (2) For the purposes of the definition family member , common-law partnership is to be read as a person who is cohabiting with a licence holder in a relationship of a conjugal nature and has done so for a period of at least one year. SOR/2020-246, s. 4
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
family member has the meaning assigned by paragraph (a) of the definition related persons in subsection 251(2) of the Income Tax Act . ( membre de la famille )
Atlantic Fishery Regulations, 1985 — (a)
inshore family fishing corporation means a corporation that operates an inshore fishing enterprise and that meets the following conditions: (a) 100% of its voting shares are held by a licence holder; (b) the sole director is the licence holder or, if the licence holder is a corporation, all of the shares of which belong to one individual, that individual; and (c) 100% of its non-voting shares, if any, are held by (i) a member of the licence holder’s family or, if the licence holder is a corporation, all of the shares of which belong to one individual, a member of that individual’s family, or (ii) an inshore fishing corporation or an inshore fishing family trust. ( société familiale de pêche côtière )
Atlantic Fishery Regulations, 1985 — (a)
inshore fishing corporation means a corporation that meets the following conditions: (a) 100% of its voting shares are held by a licence holder; (b) the sole director is the licence holder or, if the licence holder is a corporation, all of the shares of which belong to one individual, that individual; and (c) 100% of its non-voting shares, if any, are held by (i) a member of the licence holder’s family or, if the licence holder is a corporation, all of the shares of which belong to one individual, a member of that individual’s family, or (ii) an inshore fishing corporation or an inshore fishing family trust. ( société de pêche côtière )
Atlantic Fishery Regulations, 1985 — (a)
inshore fishing family trust means a trust (a) that has as its sole trustee a licence holder or, if the licence holder is a corporation all of the shares of which belong to one individual, that individual; and (b) for which each beneficiary must be either a member of the licence holder’s family or, if the licence holder is a corporation all of the shares of which belong to one individual, a member of that individual’s family or an inshore fishing company. ( fiducie familiale de pêche côtière )