3. (1) Subject to subsections (2) and (3), these Regulations apply in respect of the management and control of fishing for freshwater fish and anadromous and catadromous species of fish in the waters of the Province and in tidal waters.
(2) These Regulations do not apply in respect of fishing
(a) in the waters of a national park of Canada; or
(b) in any waters or facilities of an aquaculture site, a fishing pond, a breeding pond or a fish-tank for baitfish within the meaning of An Act respecting the conservation and development of wildlife, R.S.Q., c. C-61.1.
(3) The fishing restrictions established by these Regulations do not apply to employees of the Ministry while performing their duties.
(4) Sections 7 to 12 and 16 to 18 do not apply to a licence referred to in item 2, column 1, of Part 2 of Schedule 5.
(5) Except for this section and section 2, subsections 4(3) and (4) and sections 5, 10 and 23, 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/95-496, s. 2;
- SOR/99-264, s. 2;
- SOR/2001-51, s. 2;
- SOR/2002-225, s. 7;
- 2005-269, s. 52;
- SOR/2008-322, s. 2.
Variation of Close Times, Fishing Quotas and Limits
4. (1) The Minister or a Director may vary close times, fishing quotas or limits on the length or weight of fish applicable to sport fishing that are fixed in respect of an area under these Regulations so that the variation applies in respect of that area or any portion of that area.
(2) The Minister or a Director may vary any close time applicable to commercial fishing under these Regulations in respect of the waters referred to in subsection 3(1) or to any portion of them.
(3) The Minister may vary any close time fixed by the Aboriginal Communal Fishing Licences Regulations in respect of species of fish or waters referred to in subsection 3(1) so that the variation applies to all of the waters or to any portion of them.
(3.1) Close times varied under subsections (1) to (3) are deemed to also vary the corresponding open season where applicable.
(4) The authorized person making a variation under subsection (1), (2) or (3), shall give notice of it to the persons affected or likely to be affected by it using one or more of the following methods:
(a) broadcasting the notice over a radio or television station that broadcasts in the area or in the vicinity of the area affected by the variation;
(b) posting the notice in the area or in the vicinity of the area affected by the variation;
(c) having a fishery officer, a fishery guardian or a representative of the Ministry give oral notice of the variation to those persons;
(d) transmitting or posting the notice by electronic means;
(e) publishing the notice in a newspaper that is circulated in the vicinity of the area affected by the variation;
(f) publishing the notice in the Gazette officielle du Québec; and
(g) publishing the notice in a newsletter or guide that deals with sport fishing or commercial fishing in Quebec, published by the Ministry or by the Quebec Ministry of Agriculture, Fisheries and Food.
- SOR/91-391, s. 1;
- SOR/94-392, s. 2;
- SOR/95-496, s. 3;
- SOR/98-218, s. 2;
- SOR/2001-51, s. 3;
- SOR/2003-176, s. 2;
- SOR/2005-269, ss. 2, 52;
- SOR/2008-322, s. 3;
- SOR/2011-155, s. 2;
- SOR/2012-47, s. 2.
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