GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Maritime Provinces Fishery Regulations — Maritime Provinces Fishery Regulations
square net means a net made of wire or twine and attached to a pole that is manipulated on a pivot so as to lower and raise the net in the water to catch fish without enmeshing them; ( carrelet )
Maritime Provinces Fishery Regulations — (a)
tidal waters means, in relation to a county or province, all waters, other than inland waters, that are (a) within that county or province, or (b) adjacent to that county or province and closer to that county or province than to any other county or province; ( eaux à marée )
Maritime Provinces Fishery Regulations — Maritime Provinces Fishery Regulations
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, including what is commonly referred to as a box net but not including an eel trap; ( trappe en filet )
Maritime Provinces Fishery Regulations — Maritime Provinces Fishery Regulations
trout means Arctic char, brook trout, brown trout, lake trout and rainbow trout; ( truite )
Maritime Provinces Fishery Regulations — Maritime Provinces Fishery Regulations
weir has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985 ; ( bordigue )
Maritime Provinces Fishery Regulations — Maritime Provinces Fishery Regulations
whitefish means lake whitefish and round whitefish. ( corégone )
Maritime Provinces Fishery Regulations — 3
3 (1) These Regulations apply in Nova Scotia, New Brunswick and Prince Edward Island and in Canadian fisheries waters adjacent to those provinces. (2) These Regulations do not apply in respect of (a) [Repealed, SOR/93-335, s. 2] (b) fishing for marine mammals; (c) fishing carried out under the authority of a licence issued under the Atlantic Fishery Regulations, 1985 ; (d) cultivated fish found in or taken from (i) an aquaculture area or site operated under a lease or licence issued by the Minister or under the Fisheries and Coastal Resources Act of Nova Scotia or the Aquaculture Act of New Brunswick, or (ii) a privately owned fish pond that does not contain any wild fish and to which wild fish have no access; (e) national parks where the National Parks Fishing Regulations apply; or (f) a foreign fishing vessel or a person fishing from a foreign fishing vessel, except where the vessel or person is engaged in recreational fishing. (3) Except for this section and sections 2, 4, 6, 18, 19, 22, 25 to 29, 34, 35, 39, 56, 58, and 68, these Regulations 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 . SOR/93-335, s. 2; SOR/97-246, s. 1; SOR/2002-225, s. 10 SOR/2021-101, s. 2
Maritime Provinces Fishery Regulations — 4
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. SOR/93-335, s. 3; SOR/96-125, s. 1; SOR/2001-452, s. 2 SOR/2020-255, s. 11
Maritime Provinces Fishery Regulations — 5
5 The Minister, upon application for a licence or registration card set out in column I of an item of the table to this section and payment of the fee set out in column II of that item, may issue that licence or registration card. TABLE Item Column I Column II Licence or Registration Card Fee ($) 1 Fisher’s registration card 50.00 2 Vessel registration card 50.00 3 Commercial fishing licence 30.00 per species 4 Recreational fishing licence 10.00 5 Bait fishing licence 5.00 6 Shellfish replanting licence Free 7 Licence to take oysters during a close time from a leased oyster area Free 8 Licence to import salmon Free SOR/93-335, s. 4; SOR/96-3, s. 1
Maritime Provinces Fishery Regulations — 6
6 No person shall catch and retain or possess Atlantic whitefish. SOR/2001-452, s. 3
Maritime Provinces Fishery Regulations — 7
7 (1) Subject to subsection (2), no person shall fish in inland waters except by angling. (2) Subsection (1) does not apply to a person who is fishing (a) for gaspereau, smelt or shellfish; (b) for minnows with minnow traps or dip nets; (c) with set lines under Parts XVIII and XIX; or (d) under the authority of a licence that authorizes fishing in inland waters by means other than angling.
Maritime Provinces Fishery Regulations — 8
8 No person shall fish in inland waters with the aid of an artificial light or light from a fire. SOR/2001-452, s. 4
Maritime Provinces Fishery Regulations — 9
9 No person shall fish or assist in fishing by jigging in inland waters or assist in landing fish that have been caught by jigging in inland waters. SOR/2001-452, s. 4
Maritime Provinces Fishery Regulations — 9.1
9.1 No person shall fish by jigging in the waters set out in column I of the table to this section during the close time set out in column II. TABLE Item Column I Column II Waters Close Time 1 Tidal waters of Nova Scotia. Mar. 1 to Mar. 31 SOR/2001-452, s. 4
Maritime Provinces Fishery Regulations — 10
10 Notwithstanding any open season set out in these Regulations for angling in any inland waters, no person shall angle for any species of fish in those inland waters unless an open season for at least one species of sport fish is in effect in those waters.
Maritime Provinces Fishery Regulations — 11
11 No person shall angle in inland waters (a) with more than one fishing line; or (b) with a fishing line to which more than three hooks are attached.
Maritime Provinces Fishery Regulations — 11.1
11.1 No person shall angle in tidal waters for sport fish (a) with more than one fishing line; or (b) with a fishing line to which more than three hooks are attached. SOR/2001-452, s. 5
Maritime Provinces Fishery Regulations — 11.2
11.2 No person shall angle in tidal waters for any species of fish other than sport fish (a) with more than five fishing lines; or (b) with a fishing line to which more than six hooks are attached. SOR/2001-452, s. 5
Maritime Provinces Fishery Regulations — 11.3
11.3 For greater certainty, the prohibitions set out in sections 11.1 and 11.2 do not apply to fishing for commercial purposes. SOR/2001-452, s. 5
Maritime Provinces Fishery Regulations — 12
12 (1) Subject to subsection (2), no person shall angle for sport fish during the period beginning two hours after sunset and ending two hours before sunrise. (2) Subsection (1) does not apply in respect of (a) angling for smallmouth bass in Micmac Lake or Banook Lake in Halifax County, Nova Scotia; (b) angling for brown trout in the Cornwallis River, Kings County, Nova Scotia or in the Mersey River, Queens County, Nova Scotia, downstream from Lake Rossignol to the dam at Cowie Falls; or (c) angling during the period beginning on January 1 and ending on March 31 in the waters set out in section 116 or Schedule IX. (3) Nothwithstanding subsection (1), no person shall angle in the inland waters of Nova Scotia set out in Schedule IV during the period beginning at 22:00 h on any day and ending at 06:00 h on the following day.
Maritime Provinces Fishery Regulations — 13
13 Every person who catches a sport fish by hooking it in a part of its body other than its mouth shall forthwith return the fish to the water from which it was caught and, where the fish is alive, release the fish in a manner that causes the least harm to it.
Maritime Provinces Fishery Regulations — 14
14 No person shall use a gaff or spear to land a sport fish that has been caught by angling.
Maritime Provinces Fishery Regulations — 15
15 No person shall angle or assist in angling from (a) any bridge in Nova Scotia that spans any waters set out in column I of Schedule IV; or (b) any bridge in New Brunswick that spans the inland waters of or forms the boundary for the inland waters of any river, stream or brook set out in column I of Schedule II.
Maritime Provinces Fishery Regulations — 16
16 (1) No person shall angle for any species of fish in the waters set out in column I of Schedule IV by a method set out in column II during the close time set out in column III. (2) The close time established by subsection (1) is considered to be fixed separately and independently for each species of fish found in those waters. SOR/2001-452, s. 6
Maritime Provinces Fishery Regulations — 17
17 (1) No person shall possess at any time more salmon taken by angling in accordance with these Regulations than the applicable yearly fishing quota for salmon prescribed by these Regulations. (2) No person shall possess at any time more fish of a species taken by recreational fishing in accordance with these Regulations, except for salmon, than the applicable daily fishing quota for that species prescribed by these Regulations.
Maritime Provinces Fishery Regulations — 18
18 No person shall use as bait, or possess for use as bait, in a province any (a) live or dead (i) bass, bullhead, sunfish, white perch, yellow perch or other spiny fin-rayed fish, (ii) goldfish or other carp, or (iii) chain pickerel; or (b) live fish that was not taken in that province. SOR/2001-452, s. 7
Maritime Provinces Fishery Regulations — 19
19 (1) Subject to subsection (2), no person shall use as bait or possess for use as bait in the inland waters of New Brunswick any live fish. (2) A person may use live fish for bait, or possess live fish for use as bait, in a body of water set out in section 116 if the fish was taken from that body of water and it is not a species of fish set out in paragraph 18(a). SOR/2001-452, s. 8
Maritime Provinces Fishery Regulations — 20
20 No person shall fish for any species of fish in the waters set out in column I of an item of Schedule III by a method set out in column II of that item during the close time set out in column III of that item.
Maritime Provinces Fishery Regulations — 21
21 Every person who fishes with a gill net shall set it in a straight line.
Maritime Provinces Fishery Regulations — 22
22 No person in a province shall, without lawful excuse, possess any fishing net other than a dip net.
Maritime Provinces Fishery Regulations — 23
23 (1) No person shall possess in inland waters or within 15 m of inland waters a jigging device or spear. (2) No person shall possess in inland waters or within 15 m of inland waters a snare or bow and arrow unless the person is lawfully hunting or trapping under the laws of a province.
Maritime Provinces Fishery Regulations — 24
24 Every person who is fishing for gaspereau or shad with a gill net, trap net or weir shall, during the applicable weekly close time for those fish set out in Schedules V and VIII, respectively, (a) remove the gill net from the water; and (b) render the trap net or weir incapable of catching fish.
Maritime Provinces Fishery Regulations — 25
25 No person shall fish with a weir constructed in tidal waters that goes dry at low tide unless (a) the weir contains escape gates for the release of fish; and (b) the person opens the escape gates before each low tide and releases any incidental catch of fish.
Maritime Provinces Fishery Regulations — 26
26 Except as otherwise provided as a condition of a licence, no person shall (a) fish for gaspereau in the Gaspereau River, Kings County, Nova Scotia, with (i) a dip net within 90 m of a square net, (ii) a square net within 60 m of any other square net, or (iii) a square net within 60 m of a dam; (b) fish for smelt or tomcod in waters other than the Miramichi River or Miramichi Bay with a bag net, trap net or gill net within (i) 45 m of any other bag net, trap net or gill net, or (ii) 90 m upstream or downstream of any other bag net, trap net or gill net; (c) fish for smelt or tomcod in the Miramichi River or Miramichi Bay with a bag net, trap net or gill net within (i) 90 m of any other bag net, trap net or gill net, or (ii) 180 m upstream or downstream of any other bag net, trap net or gill net; (d) fish for smelt or tomcod with a bag net, trap net or gill net within 90 m of a bridge; or (e) in any case not provided for in paragraphs (a) to (d), fish with or set any fishing gear, other than angling gear, a dip net, a minnow trap or a spear, within 200 m of any fishing gear previously set.
Maritime Provinces Fishery Regulations — 27
27 No person shall leave fishing gear unattended in the water for more than 72 consecutive hours.
Maritime Provinces Fishery Regulations — 28
28 (1) No person shall, in the provinces of Prince Edward Island and Nova Scotia, place a shack or temporary shelter on the ice over any waters, unless the name and address of the owner is painted on or otherwise affixed to the shack or temporary shelter. (2) The letters and numerals forming the name and address of the owner of a shack or temporary shelter referred to in subsection (1) shall be (a) legible; (b) not less than 50 mm in height; and (c) in a colour that contrasts with their background. (3) No person shall place a shack or temporary shelter on the ice before January 1 in any waters set out in section 116 or Schedule IX. (4) Every shack or temporary shelter placed on the ice shall be removed by the owner by midnight on April 2, in any year, or, depending on ice conditions, by the earlier or later date as may be specified by a fishery officer. SOR/2001-452, s. 9
Maritime Provinces Fishery Regulations — 29
29 Notwithstanding any close time or size limit set out in these Regulations, a person may, under the authority of a shellfish replanting licence, fish for shellfish for the purpose of relocating them to improve their growth, condition or accessibility.
Maritime Provinces Fishery Regulations — 29.01
29.01 (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. 8
Maritime Provinces Fishery Regulations — Maritime Provinces Fishery Regulations
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 )
Maritime Provinces Fishery Regulations — (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 )
Maritime Provinces Fishery Regulations — (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 )
Maritime Provinces Fishery Regulations — (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 )
Maritime Provinces Fishery Regulations — 29.1
29.1 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; (b) a coastal fishing licence, other than a commercial fishing licence to fish for elver; (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. 7
Maritime Provinces Fishery Regulations — 29.2
 in the 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. 7 SOR/2020-246, s. 9
Maritime Provinces Fishery Regulations — 29.3
29.3 A licence holder referred to in paragraph 29.1(a) or (c) shall keep a registry of the crew on board the vessel on each fishing trip. SOR/2020-246, s. 10
Maritime Provinces Fishery Regulations — 29.4
29.4 Except in the cases referred to in subsection 29.2(5), a holder of a licence referred to in paragraph 29.1(a) or (c) shall not transfer the use or control of the rights or privileges conferred under that licence. SOR/2020-246, s. 10
Maritime Provinces Fishery Regulations — 29.5
29.5 Except in the cases referred to in subsection 29.2(5), only the holder of a licence referred to in paragraph 29.1(a) or (c) shall use or control the rights and privileges conferred under that licence. SOR/2020-246, s. 10
Maritime Provinces Fishery Regulations — 30
30 This Part does not apply in respect of recreational fishing for burbot (a) by angling or with set lines in the waters set out in Schedule IX during the period beginning on January 1 and ending on March 31; or (b) in the waters set out in section 116. SOR/2001-452, s. 10
Maritime Provinces Fishery Regulations — 30.1
30.1 No person shall fish for burbot except by angling. SOR/2001-452, s. 10
Maritime Provinces Fishery Regulations — 30.2
30.2 No person shall fish for burbot in the waters set out in column I of the table to this section during the close time set out in column II. TABLE Item Column I Column II Column III Column IV Column V Waters Close Time Fishing Quota Minimum Length Maximum Length 1 Inland and tidal waters of Nova Scotia. Jan. 1 to Dec. 31 1 10 cm 150 cm 2 Inland and tidal waters of New Brunswick. Sept. 16 to May 14 10 10 cm 150 cm 3 Inland and tidal waters of Prince Edward Island. Jan. 1 to Dec. 31 1 10 cm 150 cm SOR/2001-452, s. 10
Maritime Provinces Fishery Regulations — 30.3
30.3 No person shall catch and retain in any day from the waters set out in column I of the table to section 30.2 (a) more burbot than the fishing quota set out in column III; or (b) any burbot the length of which is less than the minimum length set out in column IV, or more than the maximum length set out in column V. SOR/2001-452, s. 10