12. (1) Subject to subsection (2), no person shall have in their possession any fishing gear within 100 m of any water where the use of that gear is prohibited under these Regulations.
(2) Subsection (1) does not apply in respect of
(a) fishing gear that is located in a building or in a vehicle other than a boat; or
(b) persons who are crossing or moving alongside water to fish in other waters where the use of that gear is authorized.
(3) For the purposes of paragraph (2)(b), when the gear is a hook other than an artificial fly, it must not be attached to the line, and when the person is also in possession of a rod, it must be rendered inoperative by
(a) disassembling it into sections;
(b) removing the reel from the rod; or
(c) storing the rod in a case.
- SOR/91-391, s. 3;
- SOR/2008-322, s. 7.
Fish Tagging Requirements
13. (1) If a person catches and retains a fish and the person is required, under the terms of the person’s licence, to tag the fish, the person shall immediately affix to it, in the manner set out in the licence, a valid tag issued with the person’s licence.
(2) Subject to subsection (3), every person who catches and retains an Atlantic salmon shall immediately detach a valid tag issued with the person’s licence and affix it to the fish in the sequence in which it is attached to the licence.
(3) An Atlantic salmon that is caught and retained in a wildlife reserve, in the Gouffre River or in the Ouelle River shall be tagged, by the person who hooked it, with a valid tag issued with that person’s licence.
(4) For the purposes of subsections (1) to (3), a tag is valid if
(a) it has not been used or modified in any way; or
(b) it can be affixed, in the manner indicated in subsection (2), to the fish that has been caught and retained.
(5) Except in the circumstances described in subsection (7), no person shall possess a fish that was caught and retained under a licence that requires the fish to be tagged, and no person shall possess an Atlantic salmon, unless the fish or salmon is tagged in accordance with subsection (1), (2) or (3), as applicable.
(6) Except in the circumstances described in subsection (7), no person shall possess
(a) an Atlantic salmon that came from another province or country, or a sturgeon that came from another province or country and that was caught in accordance with a commercial fishing licence, unless,
(i) it is tagged in accordance with the laws of that province or country,
(ii) a tag of a type approved by the Minister or a Director has been affixed to it in the manner described in subsection (2), or
(iii) it is being transported through the province to another province or another country;
(b) an Atlantic salmon that was obtained from the Société unless a tag of a type approved by the Ministry has been affixed to it in the manner described in subsection (2).
(c) [Repealed, SOR/2001-51, s. 5]
(7) No person shall remove a tag that is affixed in accordance with this section except at the time the fish is prepared for human consumption.
- SOR/93-118, s. 5;
- SOR/95-496, s. 5;
- SOR/97-203, s. 3;
- SOR/99-264, s. 6;
- SOR/2001-51, s. 5;
- SOR/2001-438, s. 3(E);
- SOR/2003-176, s. 4;
- SOR/2005-269, ss. 4, 52;
- SOR/2008-322, s. 34.
- Date modified: