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Maritime Provinces Fishery Regulations

Version of section 4 from 2006-03-22 to 2020-11-29:

  •  (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; 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    • (b) [Repealed, SOR/96-125, s. 1]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
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