GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Atlantic Fishery Regulations, 1985 — 18
18 This Part applies to the following licences: (a) an inshore fishing licence that is held by a licence holder that is identified as an independent core licence holder with the Minister of Fisheries and Oceans Canada, except for a licence that indicates this Part does not apply, and the licence is to fish for (i) groundfish by means of fixed gear and the use of a vessel having an overall length of at least 13.72 m (45 feet) but not more than 19.81 m (65 feet), (ii) groundfish by means of mobile gear and the use of a vessel having an overall length of less than 19.81 m (65 feet), (iii) herring by means of a purse seine, (iv) scallops in respect of the Full Bay Fleet, (v) shrimp by means of mobile gear in any of Shrimp Fishing Areas 13 to 15, (vi) swordfish by means of a longline, (vii) tuna, if it is a restricted licence and issued with a licence referred to in subparagraph (vi), (viii) bluefin tuna, in respect of the southwest Nova Scotia fleet, (ix) sculpin, if the licence is issued to a licence holder that also holds a licence referred to in subparagraph (ii), (x) squid by means of jigger or handline and the licence is issued to a licence holder that also only holds a licence referred to in subparagraphs (i) to (ix), (xi) squid by means of otter trawl and the licence is issued to a licence holder that also holds a licence referred to in subparagraph (i), (ii), (iv), (v), or (vii) to (ix) if an otter trawl is used as the means of fishing under that licence, or (xii) squid by means of purse seine and the licence is issued to a licence holder that also holds a licence referred to in subparagraph (i) to (v), (vii), (viii) or (ix) if a purse seine is used as the means of fishing under that licence; (b) a coastal fishing licence, other than a licence to fish for herring or mackerel using fixed gear that is issued to a corporation with more than one shareholder; (c) an inshore fishing licence with “designated operator status” or “ exploitant désigné ” or an equivalent expression appearing on it and that is held by a licence holder referred to in paragraph (a); (d) an inshore fishing licence that is held by a licence holder that is identified as a head of a non-core enterprise with the Minister of Fisheries and Oceans Canada; (e) an inshore fishing licence with “designated operator status” or “ exploitant désigné ” or an equivalent expression appearing on it and that is held by a licence holder referred to in paragraph (d); (f) an inshore fishing licence held by an organization that has been issued an allocation of fish to catch for the benefit of its membership; and (g) an inshore fishing licence held by a corporation that held such a licence before January 19, 1989, unless (i) “designated operator status” or “ exploitant désigné ” or an equivalent expression appears on the licence, or (ii) the corporation held an inshore fishing licence before January 1, 1979. SOR/2020-246, s. 3
Atlantic Fishery Regulations, 1985 — 19
he case of their incapacity, including a guardian, committee, Public Guardian and Trustee, tutor, curator, Public Curator, mandatary under a protection mandate or any other person who is appointed to act in a similar capacity; or (l) a person has received an authorization in accordance with subsection 23(2) of the Fishery (General) Regulations with respect to the licence. SOR/2020-246, s. 3 SOR/2020-246, s. 5
Atlantic Fishery Regulations, 1985 — 20
20 A licence holder referred to in paragraph 18(a) or (c) shall keep a registry of the crew on board the vessel on each fishing trip. SOR/2020-246, s. 6
Atlantic Fishery Regulations, 1985 — 21
21 Except in the cases referred to in subsection 19(5), a holder of a licence referred to in paragraph 18(a) or (c) shall not transfer the use or control of the rights or privileges conferred under that licence. SOR/2020-246, s. 6
Atlantic Fishery Regulations, 1985 — 22
22 Except in the cases referred to in subsection 19(5), no one other than the holder of a licence referred to in paragraph 18(a) or (c) shall use or control the rights and privileges conferred under that licence. SOR/2020-246, s. 6
Atlantic Fishery Regulations, 1985 — 36
36 Except as otherwise provided in the Newfoundland and Labrador Fishery Regulations , the Quebec Fishery Regulations, 1990 or the Maritime Provinces Fishery Regulations or as a condition of a licence, no person shall fish with a drift net or any fixed gear other than a hand-line within (a) subject to paragraph (b), 200 m of any previously set fixed gear other than a hand-line; or (b) 300 m of a weir that is in fishing order. SOR/93-61, ss. 10, 53(F); SOR/2017-58, s. 23
Atlantic Fishery Regulations, 1985 — 37
37 (1) Subject to subsections (2) and (3), the master of a vessel fishing with mobile gear shall maintain a distance of at least one-half nautical mile between his vessel, including any mobile gear attached thereto, and any previously set fishing gear. (2) Where a person is fishing for herring in Herring Fishing Area 15, 16, 20 or 21, he shall not operate mobile gear within one nautical mile of any previously set weir or trap net. (3) Where a person is fishing for capelin, herring or mackerel in any of the waters of Capelin Fishing Areas 1 to 14, Herring Fishing Areas 1 to 14 or Mackerel Fishing Areas 1 to 14, he shall not fish with mobile gear within 400 m of any previously set fixed gear. SOR/93-61, s. 53(F)
Atlantic Fishery Regulations, 1985 — 39
39 No person shall fish for capelin in a Capelin Fishing Area referred to in an item of Schedule V with the type of vessel and gear set out in a subitem of that item during the close time set out in that subitem.
Atlantic Fishery Regulations, 1985 — 40
40 Subject to sections 41 to 43, no person other than the holder of a bait fishing licence for herring shall fish for herring in a Herring Fishing Area referred to in an item of Schedule VII with the type of gear set out in a subitem of that item during the close time set out in that subitem.
Atlantic Fishery Regulations, 1985 — 41
41 No person shall fish for herring in the waters set out in an item of Schedule VIII with mobile gear from a vessel of a length set out in that item during the close time set out in that item.
Atlantic Fishery Regulations, 1985 — 42
42 No person shall fish for herring in the waters of St. Paul’s Inlet in Herring Fishing Area 14 lying inside of the Highway 430 bridge during the period beginning on February 1 and ending on December 31. SOR/93-61, s. 11(E)
Atlantic Fishery Regulations, 1985 — 43
43 Where, pursuant to these Regulations, a person is prohibited from fishing for herring at a time and place at which he is engaged in a fishing trip for mackerel, that person may retain a quantity of incidentally caught herring that does not exceed a fishing quota of 10 per cent of the weight of the mackerel caught and retained during the fishing trip.
Atlantic Fishery Regulations, 1985 — 44
44 (1) Subject to subsections (2) and (4), no person shall fish for, buy, sell or have in his possession any herring that is less than 26.5 cm in length. (2) Subsection (1) does not apply with respect to herring that are less than 26.5 cm in length where (a) the catching of the herring was incidental to the catching of longer herring; and (b) the number of herring less than 26.5 cm in length retained during any one fishing trip does not exceed 10% of the number of longer herring that were caught and retained during that fishing trip. (3) For the purposes of subsection (2), the percentage shall be determined on the basis of four or more samples taken from the catch, with each sample containing 50 or more herring. (4) Subsection (1) does not apply with respect to herring caught under the authority of a licence for herring fishing with (a) gill nets; (b) any fishing gear in Herring Fishing Areas 20 or 21; or (c) fixed gear in the St. Lawrence River estuary upstream of a straight line joining Latitude 48°54′N., Longitude 68°40′W. to Latitude 48°38′N., Longitude 68°10′W. SOR/93-61, s. 12(E); SOR/2003-137, s. 7(E)
Atlantic Fishery Regulations, 1985 — 45
45 No person shall, during the period beginning on May 1 and ending on December 31, fish for herring with a gill net that (a) has a mesh size greater than 83 mm; or (b) contains monofilament in the netting. SOR/93-61, s. 13
Atlantic Fishery Regulations, 1985 — 45.2
45.2 No person who is the master of a fishing vessel shall land or permit to be landed from the vessel, outside Canadian fisheries waters, herring caught by means of mobile gear unless, before it is landed, (a) the herring is inspected by a fishery officer at a Canadian port; or (b) where no fishery officer is available to inspect the herring at a Canadian port, the master of the vessel obtains permission from a fishery officer to land the herring outside Canadian fisheries waters. SOR/89-203, s. 2
Atlantic Fishery Regulations, 1985 — 46
46 Subject to section 47, no person other than the holder of a licence for bait fishing for mackerel shall fish for mackerel in a Mackerel Fishing Area referred to in an item of Schedule X with a type of vessel and gear set out in a subitem of that item during the close time set out in that subitem.
Atlantic Fishery Regulations, 1985 — 47
47 Where, pursuant to these Regulations, a person is prohibited from fishing for mackerel at a time and place at which he is engaged in a fishing trip for herring, that person may retain a quantity of incidentally caught mackerel that does not exceed a fishing quota of 10 per cent of the weight of the herring caught and retained during the fishing trip.
Atlantic Fishery Regulations, 1985 — 48
48 (1) Subject to subsections (2) and (4), a person shall not fish for, buy, sell or have in their possession any mackerel that is less than 26.8 cm in length. (2) Subsection (1) does not apply with respect to mackerel that are less than 26.8 cm in length if (a) the catching of the mackerel was incidental to the catching of longer mackerel; and (b) the number of mackerel less than 26.8 cm in length retained during any one fishing trip does not exceed 10% of the number of longer mackerel caught and retained during the fishing trip. (3) For the purposes of subsection (2), the percentage shall be determined on the basis of four or more samples taken from the catch, with each sample containing 50 or more mackerel. (4) Subsection (1) does not apply with respect to mackerel caught with gill nets. SOR/93-61, s. 14(E); SOR/2003-137, s. 8(E) SOR/2021-100, s. 2
Atlantic Fishery Regulations, 1985 — 49
49 No person shall, during the period beginning on May 1 and ending on December 31, fish for mackerel with a gill net that (a) has a mesh size greater than 83 mm; or (b) contains monofilament in the netting. SOR/93-61, s. 15
Atlantic Fishery Regulations, 1985 — 49.01
49.01 A person engaged in recreational fishing for mackerel in Mackerel Fishing Areas 1 to 21 shall not (a) in any one day, have in their possession more than 20 mackerel; (b) have in their possession any mackerel that is less than 26.8 cm in length; (c) fish for mackerel during the close time of January 1 to March 31; or (d) fish for mackerel with more than five fishing lines or with a fishing line to which more than six hooks are attached. SOR/2021-100, s. 3
Atlantic Fishery Regulations, 1985 — 49.1
49.1 No person shall fish for shark with any gear other than angling gear, a hand-line or longline gear. SOR/94-292, s. 3; SOR/2005-268, s. 2
Atlantic Fishery Regulations, 1985 — 49.2
49.2 (1) No person shall, for commercial purposes, fish for a species of shark set out in column I of an item of the table to this subsection in the waters set out in column II from a vessel of a vessel class set out in column III during the close time set out in column IV of the item. TABLE Column I Column II Column III Column IV Item Species Waters Vessel Classes Close Time 1 Porbeagle Subareas 0, 1, 2, 3, 4, 5 and 6 C5000 to C5099 Dec. 1 to Dec. 31 2 Blue Subareas 0, 1, 2, 3, 4, 5 and 6 C5000 to C5099 Dec. 1 to Dec. 31 3 Shortfin mako Subareas 0, 1, 2, 3, 4, 5 and 6 C5000 to C5099 Dec. 1 to Dec. 31 4 Any other species of shark not referred to in items 1 to 3 Subareas 0, 1, 2, 3, 4, 5 and 6 C5000 to C5099 Dec. 1 to Dec. 31 (2) Any close time set out in column IV of the table to subsection (1) may be varied under subsection 6(1) of the Fishery (General) Regulations with respect to any of the vessel classes referred to in column III. SOR/2005-268, s. 2
Atlantic Fishery Regulations, 1985 — 49.3
49.3 (1) No person shall, for commercial purposes, fish for a species of shark set out in column I of an item of the table to this subsection in the waters set out in column II with a type of gear set out in a subitem in column III during the close time set out in that subitem in column IV of the item. TABLE Column I Column II Column III Column IV Item Species Waters Gear Close Time 1 Porbeagle Subareas 0, 1, 2, 3, 4, 5 and 6 (a) angling gear (a) Dec. 1 to Dec. 31 (b) handline (b) Dec. 1 to Dec. 31 (c) longline gear (c) Dec. 1 to Dec. 31 2 Blue Subareas 0, 1, 2, 3, 4, 5 and 6 (a) angling gear (a) Dec. 1 to Dec. 31 (b) handline (b) Dec. 1 to Dec. 31 (c) longline gear (c) Dec. 1 to Dec. 31 3 Shortfin mako Subareas 0, 1, 2, 3, 4, 5 and 6 (a) angling gear (a) Dec. 1 to Dec. 31 (b) handline (b) Dec. 1 to Dec. 31 (c) longline gear (c) Dec. 1 to Dec. 31 4 Any other species of shark not referred to in items 1 to 3 Subareas 0, 1, 2, 3, 4, 5 and 6 (a) angling gear (a) Dec. 1 to Dec. 31 (b) handline (b) Dec. 1 to Dec. 31 (c) longline gear (c) Dec. 1 to Dec. 31 (2) No person shall, for recreational purposes, fish for a species of shark set out in column I of an item of the table to this subsection in the waters set out in column II with a type of gear set out in a subitem in column III during the close time set out in that subitem in column IV of the item. TABLE Column I Column II Column III Column IV Item Species Waters Gear Close Time 1 Porbeagle Subareas 0, 1, 2, 3, 4, 5 and 6 (a) angling gear (a) Jan. 1 to Mar. 31 (b) handline (b) Jan. 1 to Mar. 31 (c) longline gear (c) Jan. 1 to Mar. 31 2 Blue Subareas 0, 1, 2, 3, 4, 5 and 6 (a) angling gear (a) Jan. 1 to Mar. 31 (b) handline (b) Jan. 1 to Mar. 31 (c) longline gear (c) Jan. 1 to Mar. 31 3 Shortfin mako Subareas 0, 1, 2, 3, 4, 5 and 6 (a) angling gear (a) Jan. 1 to Mar. 31 (b) handline (b) Jan. 1 to Mar. 31 (c) longline gear (c) Jan. 1 to Mar. 31 4 Any other species of shark not referred to in items 1 to 3 Subareas 0, 1, 2, 3, 4, 5 and 6 (a) angling gear (a) Jan. 1 to Mar. 31 (b) handline (b) Jan. 1 to Mar. 31 (c) longline gear (c) Jan. 1 to Mar. 31 SOR/2005-268, s. 2
Atlantic Fishery Regulations, 1985 — 50
50 (1) No person shall fish for swordfish in the waters set out in column I of the item of the table to this subsection from a vessel of a vessel class set out in column II during the close time set out in column III of the item. TABLE Item Column I Column II Column III Waters Vessel Classes Close Time 1 Subareas 0, 1, 2, 3, 4, 5 and 6 C5100 to C5499 Jan. 1 to Jan. 31 (1.1) The close time set out in column III of the table to subsection (1) may be varied under subsection 6(1) of the Fishery (General) Regulations with respect to any of the vessel classes referred to in column II. (1.2) No person shall fish for swordfish in the waters set out in column I of the item of the table to this subsection with a type of gear set out in a subitem in column II during the close time set out in that subitem in column III of the item. TABLE Item Column I Column II Column III Waters Gear Close Time 1 Subareas 0, 1, 2, 3, 4, 5 and 6 (a) longline gear (a) Jan. 1 to Jan. 31 (b) harpoon (b) Jan. 1 to Jan. 31 (c) trolling gear (c) Jan. 1 to Jan. 31 (d) any other gear not referred to in subitems (a) to (c) (d) Jan. 1 to Jan. 31 (2) Subject to subsection (3), no person shall be in possession of any swordfish that is less than 125 cm in length. (3) Subsection (2) does not apply where (a) the catching of the swordfish that are less than 125 cm in length was incidental to the catching of longer swordfish; and (b) the number of swordfish less than 125 cm in length that are retained during any one fishing trip does not exceed a fishing quota of 15 per cent of the number of longer swordfish that are retained during that fishing trip. SOR/94-292, s. 4; SOR/2005-268, s.3; SOR/2008-99, s. 2
Atlantic Fishery Regulations, 1985 — 51
51 In this Part, Atlantic razor clam means the shellfish the scientific name of which is Ensis directus ; ( couteau de l’Atlantique ) clam means the Atlantic razor clam, the soft-shell clam and the surf clam; ( clam ) drag rake means a device used in fishing for shellfish that is towed along the bed of the water by a vessel, but does not include a hydraulic device or a mechanical device; ( râteau traînant ) hydraulic device means a device used in fishing for shellfish whereby the shellfish are lifted from the bed of the water by the use of water under pressure; ( dispositif hydraulique ) length [Repealed, SOR/2017-58, s. 14] mechanical device means any device or equipment used in fishing for shellfish that is not (a) a hand-held tool, (b) a drag rake, or (c) a hydraulic device; ( dispositif mécanique ) mussel means the shellfish the scientific name of which is Mytilus edulis, Mytilus trossulus or Modiolus modiolus ; ( moule ) oyster means the shellfish the scientific name of which is Crassostrea virginica or Ostrea edulis ; ( huître ) shell height [Repealed, SOR/2017-58, s. 14] soft-shell clam means the shellfish the scientific name of which is Mya arenaria ; ( mye ) Stimpson’s surf clam means the shellfish the scientific name of which is Mactromeris polynyma ; ( mactre de Stimpson ) surf clam means the shellfish the scientific name of which is Spisula solidissima , but does not include the Stimpson’s surf clam. ( mactre ) width [Repealed, SOR/2017-58, s. 14] SOR/87-672, s. 3; SOR/93-61, s. 17; SOR/2003-314, s. 2; SOR/2017-58, s. 14 SOR/2022-196, s. 3
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
Atlantic razor clam means the shellfish the scientific name of which is Ensis directus ; ( couteau de l’Atlantique )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
clam means the Atlantic razor clam, the soft-shell clam and the surf clam; ( clam )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
drag rake means a device used in fishing for shellfish that is towed along the bed of the water by a vessel, but does not include a hydraulic device or a mechanical device; ( râteau traînant )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
hydraulic device means a device used in fishing for shellfish whereby the shellfish are lifted from the bed of the water by the use of water under pressure; ( dispositif hydraulique )
Atlantic Fishery Regulations, 1985 — (a)
mechanical device means any device or equipment used in fishing for shellfish that is not (a) a hand-held tool, (b) a drag rake, or (c) a hydraulic device; ( dispositif mécanique )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
mussel means the shellfish the scientific name of which is Mytilus edulis, Mytilus trossulus or Modiolus modiolus ; ( moule )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
oyster means the shellfish the scientific name of which is Crassostrea virginica or Ostrea edulis ; ( huître )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
shell height [Repealed, SOR/2017-58, s. 14]
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
soft-shell clam means the shellfish the scientific name of which is Mya arenaria ; ( mye )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
Stimpson’s surf clam means the shellfish the scientific name of which is Mactromeris polynyma ; ( mactre de Stimpson )
Atlantic Fishery Regulations, 1985 — Atlantic Fishery Regulations, 1985
surf clam means the shellfish the scientific name of which is Spisula solidissima , but does not include the Stimpson’s surf clam. ( mactre )
Atlantic Fishery Regulations, 1985 — 51.1
51.1 (1) Sections 51.2 to 51.9 apply in respect of fishing for clams, mussels and oysters in the inland waters and tidal waters, including the foreshore of those waters, within or adjacent to the Province of Quebec. (2) Section 13 does not apply in respect of fishing for clams, mussels and oysters in the waters referred to in subsection (1). SOR/93-61, s. 18; SOR/2003-314, s. 3
Atlantic Fishery Regulations, 1985 — 51.2
51.2 No person shall catch and retain or possess any shellfish of a species set out in column I of an item of the table to this section, the length of which is less than the minimum length set out in column II of the item. TABLE Column I Column II Item Species Minimum Length 1 Surf clam 76 mm 2 Atlantic razor clam 100 mm 3 Soft-shell clam 51 mm 4 Mussel 40 mm 5 Oysters 76 mm SOR/2003-314, s. 3
Atlantic Fishery Regulations, 1985 — 51.3
51.3 (1) No person shall engage in commercial fishing for a species set out in column II of an item of Schedule X.1 in the waters set out in column I by a method set out in column III during the close time set out in column IV of the item. (2) No person shall engage in recreational fishing for a species set out in column II of an item of Schedule X.1 in the waters set out in column I during the close time set out in column IV of the item. SOR/2003-314, s. 3
Atlantic Fishery Regulations, 1985 — 51.4
51.4 (1) Subject to subsection (2), no person shall fish for clams, mussels or oysters unless the person is authorized to do so under a licence issued under these Regulations. (2) Subsection (1) does not apply to persons engaged in recreational fishing for clams, mussels or oysters. SOR/2003-314, s. 3
Atlantic Fishery Regulations, 1985 — 51.5
51.5 The Minister may, on application and payment of the fee set out in column II of an item of the table to this section, issue a licence described in column I of the item. TABLE Column I Column II Item Licence Fee ($) 1 Surf clam fishing licence for commercial purposes 30.00 2 Atlantic razor clam licence for commercial purposes 30.00 3 Soft-shell clam fishing licence for commercial purposes 30.00 4 Mussel fishing licence for commercial purposes 30.00 5 Oyster fishing licence for commercial purposes 30.00 6 Fishing licence for the purpose of replanting No fee SOR/2003-314, s. 3
Atlantic Fishery Regulations, 1985 — 51.6
51.6 Despite any length restriction or close time set out in this Part, a person may, under the authority of a fishing licence for the purpose of replanting issued under this Part, fish for clams, mussels or oysters for the purpose of replanting them in a location that supports their growth, their condition or their accessibility. SOR/2003-314, s. 3
Atlantic Fishery Regulations, 1985 — 51.7
51.7 No person engaged in recreational fishing for clams, mussels or oysters shall fish by any means other than by means of hand or hand-held tools. SOR/2003-314, s. 3
Atlantic Fishery Regulations, 1985 — 51.8
51.8 No person engaged in recreational fishing for clams, mussels or oysters shall fish during the period that begins half an hour after sunset on one day and ends half an hour before sunrise on the following day. SOR/2003-314, s. 3
Atlantic Fishery Regulations, 1985 — 51.9
51.9 No person engaged in recreational fishing for clams, mussels or oysters shall catch and retain, in any one day, a quantity of a species of shellfish set out in column I of an item of the table to this section that is greater than the quota set out in column II of the item. TABLE Column I Column II Item Species Quota 1 Surf clam 300 2 Atlantic razor clam 300 3 Soft-shell clam 300 4 Mussel 300 5 Oyster 40 SOR/2003-314, s. 3
Atlantic Fishery Regulations, 1985 — 52
52 No person shall, in a Crab Fishing Area set out in column I of an item of Schedule XII, during the close time set out in column II of that item, (a) subject to section 55, fish for crab; (b) possess any crab unless the crab is being transported under the authority of a fish transporting licence issued under these Regulations; or (c) subject to section 52.1, have a crab trap on board a vessel. SOR/93-61, s. 19