Newfoundland and Labrador Fishery Regulations (SOR/78-443)
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Regulations are current to 2013-05-26 and last amended on 2010-08-03. Previous Versions
Newfoundland and Labrador Fishery Regulations
SOR/78-443
Registration 1978-05-12
Newfoundland and Labrador Fishery Regulations
P.C. 1978-1557 1978-05-11
His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and the Environment, pursuant to section 34 of the Fisheries Act, is pleased hereby to revoke the Newfoundland Fishery Regulations made by Order in Council P.C. 1960-713 of 26th May, 1960Footnote 1, as amendedFootnote 2, and to make the annexed Regulations respecting fishing in the Island and Coastal Waters of the Province of Newfoundland, in substitution therefore.
Return to footnote 1SOR/60-221, Canada Gazette Part II, Vol. 94, No. 11, June 8, 1960
Return to footnote 2SOR/75-65, Canada Gazette Part II, Vol. 109, No. 3, February 12, 1975
1. [Repealed, SOR/2003-338, s. 2]
INTERPRETATION
2. (1) In these Regulations,
- “Act”
“Act” means the Fisheries Act; (Loi)
- “angling”
“angling” means fishing or attempting to fish with a hook and line with the line held in the hand or with a hook, line and rod with the rod held in the hand and includes casting and trolling; (pêche à la ligne)
- “artificial fly”
“artificial fly” means
(a) in the rivers set out in Schedule I, a single barbless hook, or a single hook whose barbs have been compressed so as to be in complete contact with the shaft of the hook, that is dressed with materials likely to attract fish and does not have a weight that causes the fly to sink, a baited hook, or a spinning or undulating device;
(b) in any other waters, a barbed or barbless hook, or a single hook whose barbs have been compressed so as to be in complete contact with the shaft of the hook, that is dressed with materials likely to attract fish and does not have a weight that causes the fly to sink, a baited hook, or a spinning or undulating device; (mouche artificielle)
- “berth”
“berth” means a specific place in the water for fishing for cod by means of a cod trap or for salmon by means of a salmon trap or salmon net; (emplacement)
- “brook trout”
“brook trout” or “speckled trout” means fish of the species Salvelinus fontinalis; (truite mouchetée)
- “brown trout”
“brown trout” means fish of the species Salmo trutta; (truite brune)
- “capelin”
“capelin”[Repealed, SOR/86-23, s. 1]
- “caution notice”
“caution notice” or “notice” means a caution notice or notice, as the case may be, placed by a fishery officer; (écriteauouavis)
- “char”
“char” or “Arctic char” means fish of the species Salvelinus alpinus; (ombleouomble de l’Arctique)
- “cod net”
“cod net”[Repealed, SOR/86-23, s. 1]
- “cod trap”
“cod trap” means a trap net not less than 55 m in circumference or less than 10 m deep that is used to fish for or take cod and includes the leader thereof; (trappe à morue)
- “cod trap operator”
“cod trap operator”[Repealed, SOR/81-731, s. 1]
- “controlled berth”
“controlled berth”[Repealed, SOR/81-731, s. 1]
- “Department”
“Department” means the Department of Fisheries and Oceans; (ministère)
- “drag seine”
“drag seine”, “beach seine” or “bar seine” means a net that is floated at the top and weighted at the bottom and that is used to impound fish on and along the seashore; (seine, seine de plageouseine-barrage)
- “extension measure”
“extension measure” means the distance between the extreme angles of a single mesh measured inside and between the knots after the twine has been saturated in water and extended until taut but without straining or breaking the twine or slipping a knot; (extension complète)
- “family inland fishery licence”
“family inland fishery licence”[Repealed, SOR/2003-338, s. 3]
- “fishery guardian”
“fishery guardian”[Repealed, SOR/81-731, s. 1]
- “fishery officer”
“fishery officer”[Repealed, SOR/81-731, s. 1]
- “fixed gear”
“fixed gear”[Repealed, SOR/86-23, s. 1]
- “foul hooking”
“foul hooking” or “jigging” means fishing with a hook or hooks manipulated in such a manner as to pierce and hook a fish in any part of its body other than the mouth; (accrochageoupêche à la turlutte)
- “gill net”
“gill net” means a net by which fish are caught by being enmeshed but that does not enclose an area of water; (filet maillant)
- “groundfish net”
“groundfish net”[Repealed, SOR/86-23, s. 1]
- “ice fishing”
“ice fishing” means fishing or attempting to fish through the ice in inland waters; (pêche sous la glace)
- “immature”
“immature” means,
(a) in relation to anadromous char and salmon, anadromous char and salmon of less than 30 cm in length measured from the tip of the nose to the fork or cleft in the tail, and
(b) in relation to ouananiche and rainbow trout, ouananiche and rainbow trout of less than 20 cm in length measured from the tip of the nose to the fork or cleft in the tail; (immature)
- “inland fishery licence”
“inland fishery licence”[Repealed, SOR/2003-338, s. 3]
- “inland waters”
“inland waters” means any of the waters within the Province that are above low water spring tide or that are inland of a line between points marked by caution notices posted under authority of the Regional Director General at or in the vicinity of the mouth of a river or stream flowing into the sea; (eaux intérieures)
- “Insular Newfoundland”
“Insular Newfoundland” means that portion of the Province known as the Island of Newfoundland and includes the islands adjacent thereto; (île de Terre-Neuve)
- “Labrador”
“Labrador” means that portion of the Province known as Labrador and includes the islands adjacent thereto; (Labrador)
- “lake trout”
“lake trout” means fish of the species Salvelinus namaycush; (touladi)
- “length”
“length” means, in respect of a fish, the distance measured in a straight line from the tip of its nose to the centre of the fork of its tail or, where there is no fork, to the tip of its tail. (longueur)
- “licence”
“licence”[Repealed, SOR/84-323, s. 1]
- “Local Cod Fishing Committee”
“Local Cod Fishing Committee”[Repealed, SOR/81-731, s. 1]
- “Local Salmon Fishing Committee”
“Local Salmon Fishing Committee”[Repealed, SOR/81-731, s. 1]
- “Minister”
“Minister”[Repealed, SOR/81-731, s. 1]
- “monofilament”
“monofilament” means a single continuous filament or yarn made from polyethylene, polyvinylidene chloride or any similar type of synthetic material; (monofilament)
- “Newfoundland and Labrador Region”
“Newfoundland and Labrador Region” means the Province and waters adjacent thereto; (région de Terre-Neuve-et-Labrador)
- “non-resident”
“non-resident”[Repealed, SOR/84-323, s. 1]
- “northern pike”
“northern pike” means fish of the species Esox lucius; (grand brochet)
- “observer”
“observer” means a person who is designated as such by the Regional Director General of the Newfoundland and Labrador Region and who is in possession of an identification card signed by or on behalf of the Regional Director General; (observateur)
- “otter trawl”
“otter trawl”[Repealed, SOR/86-23, s. 1]
- “ouananiche”
“ouananiche” means indigenous or non-migratory fish of the species Salmo salar; (ouananiche)
- “Province”
“Province” means the Province of Newfoundland and Labrador; (province)
- “purse seine”
“purse seine”[Repealed, SOR/86-23, s. 1]
- “rainbow trout”
“rainbow trout” means fish of the species Salmo gairdneri; (truite arc-en-ciel)
- “resident”
“resident”[Repealed, SOR/84-323, s. 1]
- “Regional Director General”
“Regional Director General” means the Director-General of Fisheries and Oceans for the Gulf Region, the Scotia Fundy Region or the Newfoundland and Labrador Region as the case may be; (directeur général régional)
- “salmon”
“salmon” means anadromous or migratory fish of the species Salmo salar; (saumon)
- “salmon net”
“salmon net” means a gill net that is used for taking salmon and includes the “hawk”, “hook”, “pound” or “turnback” thereof; (filet à saumon)
- “salmon trap”
“salmon trap” means a trap net that is used for taking salmon and includes the leader thereof; (trappe à saumon)
- “set”
“set” in respect of fishing gear, means that the fishing gear has been placed in the sea in such a manner that
(a) each end of the fishing gear is anchored to the bottom of the water,
(b) one end of the fishing gear is anchored to the bottom of the water and the other end of the fishing gear is attached to the shore or a vessel or a buoy at the surface,
(c) one end of the fishing gear is drifting in the sea and the other end of the fishing gear is attached to a vessel, or
(d) the fishing gear is drifting in the sea; (mouillé)
- “spent fish”
“spent fish” means a fish that has not recovered from spawning; (poisson vide)
- “trap net”
“trap net” means an apparatus that is so set as to enclose an area of water into which fish are guided by a leader through an opening or openings in the net; (trappe en filet)
- “trolling”
“trolling” means fishing by means of a lure or baited hook drawn from a boat or other floating equipment; (pêche à la cuiller)
- “trout”
“trout” includes speckled or brook trout, brown trout, rainbow trout and ouananiche. (truite)
(2) [Repealed, SOR/93-63, s. 1]
(3) For the purpose of these Regulations, a salmon river set out in Schedule I includes
(a) that portion of the tidal waters of the river that is designated by the posting of signs under the authority of the Regional Director General; and
(b) that portion of each lake connected to the river that is
(i) within 90 m of the river’s entrance and outlet, or
(ii) designated by the posting of signs under the authority of the Regional Director General.
- SOR/79-281, s. 1;
- SOR/80-398, s. 1;
- SOR/80-435, s. 1;
- SOR/81-731, s. 1;
- SOR/84-323, s. 1;
- SOR/86-23, s. 1;
- SOR/89-565, s. 1(F);
- SOR/93-63, s. 1;
- SOR/98-344, s. 1;
- SOR/2003-338, ss. 3, 9;
- SOR/2010-173, s. 1.
- Date modified: