Fishing Regulations (N.S. Reg. 29/88)

Fishing Regulations made under subsection 53(2) and Section 113 of the Wildlife Act R.S.N.S. 1989, c. 504 O.I.C. 2018-41 (effective April 1, 2018), N.S. Reg. 27/2018 Citation 1 These regulations may be cited as the Fishing Regulations. Definitions 2 In these regulations, “Act” means the Wildlife Act; “Atlantic salmon” means Atlantic salmon other than landlocked salmon and includes a grilse; “Department” means the Department of Fisheries and Aquaculture; “fishing licence” means a General Fishing Licence or a Salmon Fishing Licence; “General Fishing Licence” means a licence issued under these regulations authorizing the person to whom it is issued to angle, by means of a hook and line, any fish other than Atlantic salmon for which an open season is prescribed under the Fisheries Act (Canada) and the regulations made under that Act; “Minister” means the Minister of Fisheries and Aquaculture; “open season for angling” means the open season for angling specified in Section 12 [sic]; “Provincial waters” means “Provincial waters” as defined in Section 53 of the Act; “Salmon Fishing Licence” means a licence issued under these regulations authorizing the person to whom it is issued to angle, by means of a hook and line, Atlantic salmon, and includes any type of seal or tag issued with the licence. Types of licence and fees 3 (1) The Minister may issue the following types of fishing licences for the fees stated: Type of Licence Term Age Fee Resident General Fishing Licence Annual 18-64 years of age $24.77 65 years of age and over $5.91 https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-504/latest/rsns-1989-c-504.html https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-504/latest/rsns-1989-c-504.html https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html https://www.canlii.org/en/ns/laws/regu/ns-reg-29-88/latest/ns-reg-29-88.html#sec12 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-29-88/latest/ns-reg-29-88.html#sec12 smooth https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-504/latest/rsns-1989-c-504.html#sec53 smooth https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-504/latest/rsns-1989-c-504.html 16 or 17 years of age no fee 1 day 18 years of age and over $12.16 16 or 17 years of age no fee Non-Resident General Fishing Licence Annual 18 years of age and over $31.03 16 or 17 years of age no fee 1 day 18 years of age and over $12.16 16 or 17 years of age no fee Resident Salmon Fishing Licence Annual 18 years of age and over $37.29 16 or 17 years of age no fee 1 day 18 years of age and over $26.86 16 or 17 years of age no fee Non-Resident Salmon Fishing Licence Annual 18 years of age and over $137.64 16 or 17 years of age no fee 7 days 18 years of age and over $56.12 16 or 17 years of age no fee 1 day 18 years of age and over $26.86 16 or 17 years of age no fee (2) Except as provided in subsection (3), each fee listed in subsection (1) includes a $5.91 fee to be deposited into the Nova Scotia Sportfish Habitat Fund, a special fund established under the Finance Act. (3) Subsection (2) does not apply to the fee for a Resident General Fishing Licence issued for an annual term to a person 65 years of age and over. Terms of licences 4 (1) A fishing licence issued for an annual term is valid from April 1 until March 31 of the following year. (2) A fishing licence issued for a term of 7 days is valid for 7 consecutive days during the open season for angling for the species of fish covered by the licence. (3) A fishing licence issued for a term of 1 day is valid for 1 day during the open season for angling for the species of fish covered by the licence. (4) For any fishing licence other than a licence issued for an annual term, a vendor may issue a person more than 1 licence of the same type in a year, as long as the person is not issued more than 1 licence of the same type for any of the same dates. https://www.canlii.org/en/ns/laws/stat/sns-2010-c-2/latest/sns-2010-c-2.html Licences required to fish in Provincial waters 5 (1) Subject to the licensing provisions for Atlantic salmon in subsection (2), a person 16 years of age or over must not fish or attempt to fish in Provincial waters unless that person holds (a) for a resident, a valid Resident General Fishing Licence; (b) for a non-resident, a valid Non-Resident General Fishing Licence. (2) A person 16 years or older must not fish for Atlantic salmon or attempt to fish for Atlantic salmon in Provincial waters unless that person holds (a) for a resident, a valid Resident Salmon Fishing Licence; (b) for a non-resident, a valid Non-Resident Salmon Fishing Licence. Fishing licences not required for residents and non-residents under 16 years of age 6 A person under 16 years of age is not required to hold a fishing licence to fish in Provincial waters. Replacement licences 7 (1) The fee for a replacement licence under subsection 34(2) of the Act, on receiving proof from an applicant that a licence issued under these regulations is lost, destroyed or needs to be replaced for any reason, is $5.00. (2) A replacement licence issued under subsection (3) [sic] has the same force and effect as the original licence. Licences to promote sport fishing industry 8 (1) The Minister, at the Minister’s discretion, may issue a General Fishing Licence or Salmon Fishing Licence at no cost to promote the sport fishing industry. (2) An application for a General Fishing Licence or Salmon Fishing Licence under subsection (1) must be in a form approved by the Minister. Persons with disability 9 (1) In this Section, “person with a disability” means a person with a “disability”, as that term is defined in the Accessibility Act. (2) Despite the fees set out in Section 3, the Minister may issue a General Fishing Licence or Salmon Fishing Licence at no cost to a person with a disability. https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-504/latest/rsns-1989-c-504.html#sec34subsec2 smooth https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-504/latest/rsns-1989-c-504.html https://www.canlii.org/en/ns/laws/stat/sns-2017-c-2/latest/sns-2017-c-2.html https://www.canlii.org/en/ns/laws/regu/ns-reg-29-88/latest/ns-reg-29-88.html#sec3 smooth (3) To demonstrate that they meet the criteria in subsection (2), a resident or non resident must produce 1 of the following: (a) an identification permit issued in respect of a permanent disability under the Identification Permits for Vehicles Transporting Mobility Handicapped Persons Regulations made under the Motor Vehicle Act; (b) a completed application form for an identification permit in respect of a permanent disability under the Identification Permits For Vehicles Transporting Mobility Handicapped Persons Regulations (Application for Accessible Parking Identification Permits and Plates, issued by the Department of Transportation and Infrastructure Renewal); (c) proof of registration with an institution for the sight, speech or hearing impaired; (d) written confirmation of being in receipt of, or eligible to receive, benefits from the Canada Pension Plan Disability Program; (e) written confirmation of being in receipt of, or eligible to receive, benefits from the Disability Support Program under the Social Assistance Act. Sport fishing weekends 10 Despite subsection 5(1), but still subject to the licensing provisions for Atlantic salmon, a person is not required to hold a General Fishing Licence to fish in Provincial waters on any of the following days: (a) the third Monday in February (Nova Scotia Heritage Day); (b) the Saturday and Sunday immediately preceding the holiday listed in clause (a); (c) the first consecutive Saturday and Sunday in June. Vendors or department staff issuing Salmon Fishing Licences 11 (1) The Minister may authorize vendors or staff of the Department or the Department of Natural Resources to sell Salmon Fishing Licences and to issue any applicable tags. (2) A person authorized to sell Salmon Fishing Licences must not issue (a) more tags than the seasonal bag limit for Atlantic salmon as established under the Fisheries Act (Canada); or (b) a numbered tag that does not correspond with the number on the Salmon Fishing Licence. https://www.canlii.org/en/ns/laws/regu/ns-reg-237-86/latest/ns-reg-237-86.html https://www.canlii.org/en/ns/laws/regu/ns-reg-237-86/latest/ns-reg-237-86.html https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-293/latest/rsns-1989-c-293.html https://www.canlii.org/en/ns/laws/regu/ns-reg-237-86/latest/ns-reg-237-86.html https://www.canlii.org/en/ns/laws/regu/ns-reg-237-86/latest/ns-reg-237-86.html https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-432/latest/rsns-1989-c-432.html https://www.canlii.org/en/ns/laws/regu/ns-reg-29-88/latest/ns-reg-29-88.html#sec5subsec1 smooth https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html Proof of age and residency 12 In addition to producing their licence, as required by subsection 35(1) of the Act, a person while fishing or attempting to fish must carry and produce proof of age and residency upon demand by a conservation officer. Open seasons, bag limits, possession limits and gear restrictions 13 (1) Open seasons for fishing in Provincial waters are as set out in the regulations that apply to Provincial waters made under the Fisheries Act (Canada). (2) Bag limits and possession limits for species, together with fishing methods and gear restrictions must be in accordance with the regulations that apply to Provincial waters made under the Fisheries Act (Canada). Information reports 14 (1) No later that [than] 7 days after the close of the open season for angling for the species of fish covered by their licence, a holder of a fishing licence must complete and submit to the Department any information required by the conditions of the licence. (2) In addition to any penalty in accordance with Section 111 of the Act imposed on a person for failure to comply with this Section, the Minister may deny the person a fishing licence in future years. Legislative History Reference Tables Fishing Regulations N.S. Reg. 27/2018 Wildlife Act Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only. Source Law The current consolidation of the Fishing Regulations made under the Wildlife Act includes all of the following regulations: N.S. Regulation In force date* How in force Royal Gazette Part II Issue 27/2018 April 1, 2018 date specified Mar 2, 2018 https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-504/latest/rsns-1989-c-504.html#sec35subsec1 smooth https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-504/latest/rsns-1989-c-504.html https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-f-14/latest/rsc-1985-c-f-14.html https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-504/latest/rsns-1989-c-504.html#sec111 smooth https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-504/latest/rsns-1989-c-504.html https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-504/latest/rsns-1989-c-504.html N.S. Regulation In force date* How in force Royal Gazette Part II Issue The following regulations are not yet in force and are not included in the current consolidation: N.S. Regulation In force date* How in force Royal Gazette Part II Issue *See subsection 3(6) of the Regulations Act for rules about in force dates of regulations. Amendments by Provision ad. = added am. = amended fc. = fee change ra. = reassigned rep. = repealed rs. = repealed and substituted Provision affected How affected .......................................................... Note that changes to headings are not included in the above table. Editorial Notes and Corrections: Note Effective date 1 The reference to the Department of Natural Resources in Section 11(1) should be read as a reference to the Department of Lands and Forestry in accordance with Order in Council 2018-188 under the Public Service Act, R.S.N.S. 1989, c. 376. Jul 5, 2018 2 The reference to the Department of Transportation and Infrastructure Renewal in s. 9(3)(b) should be read as a reference to the Department of Transportation and Active Transit in accordance with O.I.C. 2021-56 under the Public Service Act, R.S.N.S. 1989, c. 376. Feb 23, 2021 https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-393/latest/rsns-1989-c-393.html https://www.canlii.org/en/ns/laws/regu/ns-reg-29-88/latest/ns-reg-29-88.html#sec11subsec1 smooth https://www.canlii.org/en/ns/laws/regu/ns-reg-29-88/latest/ns-reg-29-88.html#sec11subsec1 smooth https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-376/latest/rsns-1989-c-376.html https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-376/latest/rsns-1989-c-376.html https://www.canlii.org/en/ns/laws/regu/ns-reg-29-88/latest/ns-reg-29-88.html#sec9subsec3 smooth https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-376/latest/rsns-1989-c-376.html https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-376/latest/rsns-1989-c-376.html https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-376/latest/rsns-1989-c-376.html Note Effective date 3 The reference to the Department of Transportation and Infrastructure Renewal in s. 9(3)(b) should be read as a reference to the Department of Public Works in accordance with O.I.C. 2021 209 under the Public Service Act, R.S.N.S. 1989, c. 376. Aug 31, 2021 Repealed and Superseded: N.S. Regulation Title In force date Repealed date 29/1988 Fishing Regulations Feb 15, 1988 April 1, 2018 Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter. https://www.canlii.org/en/ns/laws/regu/ns-reg-29-88/latest/ns-reg-29-88.html#sec9subsec3 smooth https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-376/latest/rsns-1989-c-376.html https://www.canlii.org/en/ns/laws/stat/rsns-1989-c-376/latest/rsns-1989-c-376.html