National Parks of Canada Fishing Regulations

Contents

1 #

[Repealed, SOR/2003-54, s. 2] (repealed)

2 #

In these Regulations,

Act means the Canada National Parks Act; (Loi)

angling means fishing with a hook and line held in the hand or with a hook, line and rod held in the hand but does not include fishing with a set line; (pêche à la ligne)

artificial fly means a single or double hook on a common shank, dressed with silk, tinsel, wool, fur, feathers or other material, or any combination thereof, without a spinning device whether attached to the hook or line; (mouche artificielle)

chemical attractant means a chemical or scented substance that is applied inside or onto a lure in order to attract fish; (attractif chimique)

Director [Repealed, SOR/96-245, s. 1]

fillet includes any piece of fish from which the internal organs, the head, the fins and the bones, except intramuscular or lateral bones, have been removed; (filet)

fish includes a soft-shell clam (Mya arenaria); (poisson)

fish finder means a sonar device for detecting fish; (détecteur de poissons)

fishing permit means a fishing permit that is issued pursuant to paragraph 4(a); (permis de pêche)

foul hooking means fishing with a hook or hooks attached to a line manipulated in such a manner as to pierce a fish in any part of its body other than its mouth; (hameçon illicite)

gaff-hook means any hook attached directly to the end of a rod or pole for the purpose of landing a fish or piercing a fish in any part of its body; (gaffeau)

game fish means any of the species of fish set out in Schedule I; (poisson de sport)

gang-hook means a combination of two or more hooks used as a unit; (hameçon multiple)

lake trout endorsement means an endorsement to fish for lake trout in the waters of Prince Albert National Park of Canada, issued pursuant to section 4.1; (autorisation de pêcher le touladi)

lead jig means one or more weighted hooks that contain more than 1.0 per cent lead by weight and that are tied to a fishing line and used for catching fish; (turlutte plombée)

lead sinker means an object that contains more than 1.0 per cent lead by weight and that can be used to sink a fishing line by attachment of the object to the fishing line; (lest en plomb)

Minister [Repealed, SOR/96-245, s. 1]

natural bait means any material used to attract fish that is partly or wholly composed of plants, animals or plant and animal products, but does not include an artificial fly or a wooden plug; (appât naturel)

open season, with respect to any species of fish, means the period of each year during which fishing for that species is permitted in any park waters; (saison de pêche)

overall length, with respect to a fish other than a soft-shell clam, means the distance measured from the tip of the nose to the fork of the tail or, if there is no fork, to the tip of the tail and, in respect of a soft-shell clam, means the distance measured in a straight line through the longest part of the shell; (longueur totale)

park [Repealed, SOR/93-33, s. 1]

park officer [Repealed, SOR/99-352, s. 1]

possession has the same meaning as in subsection 4(3) of the Criminal Code; (possession)

salmon licence means a salmon licence that is issued pursuant to paragraph 4(b); (permis de pêche du saumon)

soft-shell clam permit means a permit that is issued for recreational clam fishing under paragraph 4(c); (permis de pêche de la mye)

Superintendent [Repealed, SOR/90-4, s. 1]

tailer means a device consisting of a wire, cord or rope arranged on a rod or pole in such a manner as to form a noose or snare for the purpose of landing or catching a fish; (serre-queue)

year means the 12-month period commencing on April 1st in any calendar year and terminating on March 31st in the calendar year next following. (année)

^note

Application

2.01 #

These Regulations apply to parks and, subject to sections 40 and 41 of the Act, to park reserves as if they were parks.^note

2.1 #

(1)These Regulations do not apply in respect of fishing for commercial purposes for eel, smelt or gaspereau in Kouchibouguac National Park of Canada by persons who

(a)in 1967, 1968 or 1969, possessed a commercial fishing licence under the authority of the New Brunswick Fishery Regulations, C.R.C., c. 844, to fish for eel, smelt or gaspereau within the waters of that park; or

(b)in 1979, were registered as commercial fishers under the authority of the New Brunswick Fishery Regulations, C.R.C., c. 844, and fished from the Cap St.-Louis or Loggiecroft wharf areas within that park.

(2)Fishing for commercial purposes for eel, smelt or gaspereau within Kouchibouguac National Park of Canada shall be subject to the requirements of the Fisheries Act and the regulations made under that Act.

^note

2.2 #

With the exception of paragraphs 15.1(a) and (b), these Regulations do not apply in respect of fishing in the marine portion of Forillon National Park of Canada.^note

2.3 #

For those parks within the Inuvialuit Settlement Region, these Regulations do not apply to the beneficiaries of the Inuvialuit Final Agreement as approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act.^note

2.4 #

For those parks within the Nunavut Settlement Area, these Regulations do not apply to the beneficiaries of the Nunavut Land Claims Agreement as approved, given effect and declared valid by the Nunavut Land Claims Agreement Act.^note

2.5 #

For those parks within the Yukon Territory, south of the Inuvialuit Settlement Region, these Regulations do not apply to the beneficiaries, within their respective traditional territories, of the Champagne and Aishihik First Nations Final Agreement and of the Vuntut Gwitchin First Nation Final Agreement as approved, given effect and declared valid by the Yukon First Nations Land Claims Settlement Act.^note

2.6 #

For the Gwaii Haanas National Park Reserve of Canada, these Regulations do not apply to people of the Haida Nation to whom the Gwaii Haanas Agreement, authorized by Order in Council P.C. 1992-1591 dated July 16, 1992, applies.^note

Fishing Permits

3 #

(1)Subject to subsections (2) and (3), no person shall fish

(a)in any park waters set out in column I of Schedule II unless that person is the holder of a fishing permit;

(b)for salmon in any waters in Terra Nova National Park of Canada unless that person is the holder of a salmon licence and is in possession of at least one unused salmon tag;

(c)for lake trout in any waters of Prince Albert National Park of Canada unless that person is the holder of a lake trout endorsement and a fishing permit issued pursuant to paragraph 4(a) and is in possession of at least one unused lake trout tag;

(d)for soft-shell clams in any waters in Kouchibouguac National Park of Canada unless that person is the holder of a soft-shell clam permit;

(e)for salmon in any waters in Cape Breton Highlands National Park of Canada unless that person is the holder of a salmon licence; or

(f)for salmon in any waters in Gros Morne National Park of Canada unless that person is

(i)the holder of a salmon licence and in possession of at least one unused salmon tag, and

(ii)the holder of a salmon licence issued under the Wild Life Regulations, Consolidated Newfoundland and Labrador Regulation 1156/96, made under the Wild Life Act, chapter W-8 of the Revised Statutes of Newfoundland, 1990, and in possession of at least one unused salmon tag issued under those Regulations.

(2)Paragraph (1)(a) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a fishing permit.

(3)Paragraph (1)(b) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a salmon licence and is in possession of at least one unused salmon tag.

(4)Paragraph (1)(c) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a lake trout endorsement and is in possession of at least one unused lake trout tag.

(5)Paragraph (1)(d) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a soft-shell clam permit.

(6)Paragraph (1)(e) does not apply to a person under 16 years of age who is accompanied by a person 16 years of age or older who is the holder of a salmon licence.

4 #

A superintendent shall, on application by any person and payment by that person of the applicable fee fixed under section 24 of the Parks Canada Agency Act, issue to that person

(a)a fishing permit;

(b)a salmon licence and, where applicable, one salmon tag; or

(c)a soft-shell clam permit.

^note

4.1 #

A superintendent shall, on application by any person who holds a fishing permit, issue to that person a lake trout endorsement and a maximum of two lake trout tags.^note

5 #

A fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement

(a)is valid for the period in respect of which it is issued; and

(b)is valid only when signed by the person to whom it is issued.

^note

6 #

Where a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement has been lost, a superintendent shall issue, without charge, a new permit, licence or endorsement, as the case may be, to a person who establishes that the person is the holder of the lost permit, licence or endorsement.^note

7 #

Every person shall, when fishing, carry any fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement issued to that person and shall, on request by a superintendent or park warden, produce the permit, licence or endorsement for examination.^note

7.1 #

(1)Every person who holds a salmon licence and who catches salmon in a park shall, in the manner set out in a notice posted by the superintendent or, where no such notice is posted, in the manner set out in the salmon licence,

(a)register their catch of salmon;

(b)maintain a record of their catch of salmon; and

(c)submit that record to a park warden.

(2)Every person who registers a catch of salmon pursuant to paragraph (1)(a) shall present the entire salmon at the time of registration.

(3)[Repealed, SOR/99-352, s. 7] (repealed)

^note

7.2 #

(1)Every person who catches and retains a salmon in Gros Morne or Terra Nova National Park of Canada shall immediately affix a salmon tag to it in accordance with subsection (2).

(2)A salmon tag shall be affixed through the gill cavity and mouth of the salmon and securely locked.

(3)No person shall remove a salmon tag from a salmon except at the time the salmon is prepared for consumption.

(4)No person shall be in possession of salmon in Gros Morne or Terra Nova National Park of Canada unless

(a)a salmon tag has been affixed to the salmon in accordance with subsection (1); or

(b)in the case of salmon caught or taken outside the waters described in subsection (1), the person has possession of the salmon in accordance with the laws of the province within which the park is situated.

(5)No person shall affix a salmon tag issued to the person under paragraph 4(b) to a salmon that is caught by another person unless that other person is a person who is under 16 years of age and referred to in subsection 3(3).

^note

7.3 #

All persons fishing in La Mauricie National Park of Canada shall, in the manner set out in a notice posted by the superintendent at a park wardens’ office, a park information booth or a park entrance, register their daily catch.^note

7.4 #

Every person who holds a lake trout endorsement shall, in the manner set out in a notice posted by the superintendent or, where no such notice is posted, in the manner set out in the lake trout endorsement,

(a)register their catch of lake trout;

(b)maintain a record of their catch of lake trout; and

(c)submit that record to a park warden.

^note

7.5 #

(1)Every person who catches and retains a lake trout in Prince Albert National Park of Canada shall immediately affix to it a lake trout tag in accordance with subsection (2).

(2)A lake trout tag shall be affixed through the gill cavity and mouth of the lake trout and securely locked.

(3)No person shall remove a lake trout tag from a lake trout except at the time the lake trout is prepared for consumption.

(4)No person shall be in possession of lake trout in Prince Albert National Park of Canada unless

(a)in the case of lake trout caught or taken outside Prince Albert National Park of Canada, the person has possession of the lake trout in accordance with the laws of Saskatchewan and has declared possession of the lake trout on entering Prince Albert National Park of Canada in the form provided by the superintendent; and

(b)in any other case, a lake trout tag has been affixed to the lake trout in accordance with subsection (1).

(5)No person shall affix a lake trout tag issued to the person under section 4.1 to a lake trout that is caught by another person unless that other person is a person who is under 16 years of age and referred to in subsection 3(4).

7.6 #

(1)Every person who holds a soft-shell clam permit and who catches soft-shell clams in Kouchibouguac National Park of Canada shall, in the manner set out in a notice posted by the superintendent or, where no such notice is posted, in the manner set out in the permit

(a)register their catch of soft-shell clams;

(b)maintain a record of their catch of soft-shell clams; and

(c)submit the record to a park warden.

(2)The superintendent shall, in determining the manner in which the responsibilities referred to in paragraphs (1)(a) to (c) are fulfilled, take into account the park’s natural and cultural resources and the preservation, control and management of the park.

8 #

(1)A superintendent or park warden who has reasonable grounds to believe that a person who is the holder of a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement has violated these Regulations may suspend and take possession of the fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement, as the case may be, held by that person.

(2)Where a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement has been suspended pursuant to subsection (1), the suspension shall be cancelled and the fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement shall be revalidated and returned to the person to whom it was issued

(a)after the expiration of 30 days from the date of the suspension unless before that time proceedings have been instituted in respect of the alleged violation for which the fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement was suspended; or

(b)after that person is acquitted of the alleged violation for which the fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement was suspended.

(3)Where a person who is the holder of a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement has been convicted of a violation of these Regulations, any fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement held by that person shall be cancelled.

(4)Where a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement has been suspended pursuant to subsection (1), the person to whom it was issued shall not obtain or be in possession of any other of those documents at any time during the period of suspension.

(5)Where a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement is cancelled pursuant to subsection (3), the person to whom it was issued shall not obtain or be in possession of any other of those documents at any time during the period of one year following the date of cancellation.

Open Seasons

9 #

(1)Subject to subsections (3) and (4) and section 20, the open season in each year in park waters set out in Column I of an item of Schedule II for the species of fish set out in Column II of that item is the period set out in Column III of that item inclusive of the opening and closing dates.

(2)No person shall fish for any species of fish in a park except in park waters set out in Column I of an item of Schedule II for the species of fish set out in Column II of that item and during the open season for fish of that species set out in Column III of that item.

(3)Where the first day of an open season falls on a Sunday or Monday in any year, the open season shall begin on the Saturday immediately preceding that Sunday or Monday.

(4)Where the last day of an open season falls on a Friday or Saturday in any year, the open season shall end on the Sunday immediately following that Friday or Saturday.

Catch and Possession Limits

10 #

(1)No person shall, on any day, catch in the park waters set out in column I of Part I of Schedule III and retain in respect of a species of fish set out in column II, fish that are

(a)in total, a number in excess of

(i)in the case of the park waters set out in items 1 to 26, the daily catch and possession limit set out in column III, and

(ii)in the case of the park waters set out in item 27, the daily catch limit set out in column III; or

(b)of an overall length in excess of or less than, as the case may be, the overall length, if any, set out in column III of that item.

(2)No person shall have in possession within the boundaries of a park referred to in column I of Part I of Schedule III in respect of a species of fish set out in column II, fish that are

(a)in total, a number in excess of

(i)in the case of a park referred to in items 1 to 26, the daily catch and possession limit set out in column III, and

(ii)in the case of the park referred to in item 27, the possession limit set out in column III; or

(b)of an overall length in excess of or less than, as the case may be, the overall length, if any, set out in column III of that item.

11 #

No person shall,

(a)on any day, catch in the park waters set out in column I of Part II of Schedule III and retain a number of fish of the species set out in column II, that is in excess of

(i)in the case of the park waters set out in items 1 to 25, the aggregate daily catch and possession limit set out in column III, and

(ii)in the case of the park waters set out in item 26, the aggregate daily catch limit set out in column III;

(b)have in possession within the boundaries of a park referred to in column I of Part II of Schedule III, a number of fish of the species set out in column II that is in excess of

(i)in the case of a park referred to in items 1 to 25, the aggregate daily catch and possession limit set out in column III, and

(ii)in the case of the park referred to in item 26, the aggregate possession limit set out in column III; or

(c)fish in park waters set out in column I of Part II of Schedule III, on any day after having, on that day, caught in those waters and retained a number of fish of the species set out in column II that is

(i)in the case of the park waters set out in items 1 to 25, the aggregate daily catch and possession limit set out in column III, and

(ii)in the case of the park waters set out in item 26, the aggregate possession limit set out in column III.

^note

12 #

Notwithstanding Parts I and II of Schedule III, no person shall fish in La Mauricie National Park of Canada on any day after having on that day caught in the waters of that park and retained

(a)two lake trout; or

(b)three northern pike.

^note

12.1 #

If the daily catch and possession limit set out in column III of Part I of Schedule III is 0, any person who catches a fish of a species set out in column II shall immediately unhook the fish and return it to the water with as little damage to the fish as possible.^note

12.2 #

Nothwithstanding the limit set out in column III of paragraph 8(a) of Parts I and II of Schedule III, no person shall, in any year, in the waters of Prince Albert National Park of Canada, catch and retain more than two lake trout.^note

12.3 #

Notwithstanding Schedule III, no person shall fish for atlantic salmon in any waters of Cape Breton Highlands National Park of Canada on any day after having caught and released two atlantic salmon measuring 30 cm or more.^note

12.4 to 12.7 #

[Repealed, SOR/94-314, s. 6] (repealed)

13 #

Where a fish has been filleted, two fillets shall be treated as one fish and, unless the body is shown, every fillet shall be treated as having been taken from a game fish.^note

14 #

For the purposes of these Regulations, a fish in the possession of a person under 16 years of age who does not hold a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement, but who is accompanied by a person holding a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement, shall be considered to be in the possession of the holder of the fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement.^note

Prohibitions and General Provisions

15 #

(1)Except as otherwise provided in these Regulations, no person shall fish in park waters by any method other than angling.

(2)No person shall be in possession, within 100 m of any park waters, of any equipment that can be used to catch or take fish, unless fishing in those waters by means of that equipment is permitted by these Regulations.

(3)Notwithstanding subsection (2), no person shall be in possession at any time, within the boundaries of a park, of any equipment that can be used to catch or take fish, other than equipment used for angling or for taking soft-shell clams or American eel, except when carrying such equipment through the park in a vehicle to a destination outside the park or to a residence in the park.

(4)No person shall fish from a bridge or any other structure that crosses the waters of Cape Breton Highlands, Fundy, Gros Morne, Prince Edward Island or Terra Nova National Park of Canada.

(5)No person in La Mauricie or Forillon National Park of Canada shall have in possession fishing equipment unless

(a)the person holds a fishing permit; or

(b)the fishing equipment is kept inside a motor vehicle.

(6)No person shall, while fishing in Fundy, Kouchibouguac, Cape Breton Highlands or Terra Nova National Park of Canada, use an artificial fly that incorporates a weight as an integral part of the artificial fly, that is attached to a sinking line, or that has a weight attached to the hook or line, for the purpose of causing the artificial fly to sink.

(7)No person shall use a fish finder while fishing in Kejimkujik or La Mauricie National Park of Canada.

15.1 #

No person shall catch and retain

(a)subject to paragraph (b), invertebrates from the marine portion of Forillon National Park of Canada unless the person is the holder of a fishing permit, issued by the superintendent, authorizing their removal for scientific or park management purposes;

(b)for commercial purposes, lobster or fish used as lobster bait, from the marine part of Forillon National Park of Canada unless the person is the holder of a licence, issued under the National Parks Businesses Regulations, 1998, to carry on that business;

(c)subject to paragraph (d), invertebrates from Kouchibouguac National Park of Canada unless the person is the holder of a fishing permit, issued by the superintendent, authorizing their removal for scientific or park management purposes; or

(d)for commercial purposes, soft-shell clams from Kouchibouguac National Park of Canada unless the person is the holder of a licence that authorizes that activity and that is issued under the National Parks of Canada Businesses Regulations.

^note

16 #

No person shall fish in park waters by foul hooking.

17 #

No person shall, when fishing in park waters, use

(a)more than one fishing line;

(b)a fishing line having more than one artificial fly or other type of bait;

(c)a fishing line having an artificial fly to which is attached any live or dead natural bait;

(d)a fishing line having any combination of hooks capable of catching more than one fish at a time;

(e)a fishing line having more than one type of lure;

(f)a lure having more than

(i)two single hooks,

(ii)two gang-hooks, or

(iii)one single hook and one gang-hook;

(g)a gang-hook having more than three hooks; or

(h)a lead sinker or lead jig that weighs less than 50 g.

^note

17.1 #

No person shall, while fishing for any species of fish in the waters of Riding Mountain or Point Pelee National Park of Canada, use a hook from which the barbs have not been removed unless the barbs have been pinched to the shaft of the hook.^note

17.2 #

(1)Subject to subsection (2), no person shall, while fishing in any waters in Kluane National Park of Canada or in Kluane National Park Reserve of Canada, use a hook from which the barbs have not been removed unless the barbs have been pinched to the shaft of the hook.

(2)No person shall, while fishing in the waters of the Kathleen River that are located in the area of land referred to in subsection (1), use a hook unless it is a single hook and

(a)the barbs have been removed from it; or

(b)the barbs have been pinched to the shaft of the hook.

^note

17.3 #

No person shall, while fishing in the waters of Kejimkujik National Park of Canada set out in column II of paragraph 2(e) of Schedule V for any species of fish set out in column I of that paragraph, use

(a)any method other than angling with an artificial fly; and

(b)a hook from which the barbs have not been removed, unless the barbs have been pinched to the shaft of the hook.

^note

17.4 #

No person shall, while fishing in park waters for any species of fish, be in possession of any lead sinker or lead jig that weighs less than 50 g.^note

18 #

No person shall, when angling, leave a fishing line unattended.

19 #

(1)Subject to subsection (4), no person shall have in possession, within 100 metres of park waters, a net capable of being used for fishing unless the person

(a)is the holder of a fishing permit, salmon licence, soft-shell clam permit or lake trout endorsement;

(b)keeps the net inside a motor vehicle;

(c)[Repealed, SOR/94-314, s. 8] (repealed)

(d)is in possession of the net in Point Pelee National Park of Canada for purposes of fishing in waters outside the park.

(2)No person shall use or have in his possession in a park a gaff-hook or tailer.

(3)Subsection (2) does not apply in respect of Riding Mountain National Park of Canada.

(4)Nothing in these Regulations prohibits the use of a landing net or a dip net to land a fish caught by angling.

20 #

No person shall fish in

(a)any park waters set out in Schedule IV or, where applicable, during the time set out in that schedule;

(b)any park waters used for propagating, protecting, conserving or displaying fish; or

(c)any part of park waters designated by a superintendent for public swimming or as a marina.

^note

20.1 #

(1)Despite column I of item 42.2 of Schedule II, no person shall fish for soft-shell clams in any waters of Kouchibouguac National Park of Canada except where waters are marked for that purpose and in the manner set out in a notice posted by the superintendent or, where no such notice is posted, in the manner set out in the soft-shell clam permit.

(2)The superintendent shall, in determining the manner in which a person may fish for soft-shell clams, take into account the park’s natural and cultural resources and the preservation, control and management of the park.

^note

21 #

(1)No person shall fish for any species of fish set out in Column I of an item of Schedule V in any park waters set out in Column II of that item by any method except angling with an artificial fly.

(2)No person shall fish for salmon in any parks waters set out in Schedule VI.

22 #

(1)No person shall fish in park waters, other than in the waters of those parks referred to in subsection (2), during the period from two hours after sunset on any day until one hour before sunrise on the day immediately following.

(2)No person shall fish in the waters of Cape Breton Highlands, Fundy, Georgian Bay Islands, Gros Morne, Kejimkujik, Kouchibouguac, La Mauricie, Point Pelee, Prince Edward Island or Terra Nova National Park of Canada during the period starting one hour after sunset on any day and ending one hour before sunrise on the next day.

23 #

No person shall fish for or have in his possession in a park any salmon fry, parr, smolt or spent salmon, also known as slink, black or kelt salmon.^note

24 #

(1)No person shall use for bait or have in his possession in a park live fish eggs or live minnows.

(2)No person shall use or have in possession for use as bait live or dead fish or any parts thereof

(a)in Jasper, Banff, Waterton Lakes, Yoho, Kootenay, Glacier, Mount Revelstoke, Prince Albert, Riding Mountain, Wood Buffalo or La Mauricie National Park of Canada;

(b)in Kluane National Park of Canada or in Kluane National Park Reserve of Canada; or

(c)in Nahanni National Park Reserve of Canada.

(3)No person shall use for bait, or be in possession of, dead fish eggs in La Mauricie, Wood Buffalo, Prince Albert or Riding Mountain National Park of Canada.

(4)No person shall use any natural bait or any chemical attractant in any park waters set out in an item of Schedule VII.

24.1 #

No person shall fish for soft-shell clams within Kejimkujik or Kouchibouguac National Park of Canada, except through the use of their hands or hand tools.^note

25 #

Unless authorized by a superintendent, no person shall place in park waters or transfer between bodies of park waters live fish eggs or live fish.^note

26 #

(1)Subject to subsection (2), no person shall put any meat, bones, dead fish or offal, grain, dry feed or other food for fish in park waters.

(2)A superintendent may designate park waters where offal from fish caught in those park waters is permitted to be put.

27 #

No person hired or employed in a park as a boatman or fishing guide shall fish in park waters while carrying out the duties for which that person was hired or employed.^note

28 #

(1)Subject to subsection (2), no person shall, when fishing, swimming or diving in park waters, have in his possession a spear, spear-gun or any underwater equipment that may be used for fishing.

(2)A person diving in park waters may have in his possession underwater equipment that facilitates diving.

29 #

Unless authorized by a superintendent, no person shall obstruct or alter any park waters in such manner as to prevent, obstruct or redirect the free passage of fish.^note

29.1 #

(1)For the purposes of this section, a fish-counting fence means a structure placed in park waters by a superintendent for the purpose of capturing fish or controlling the movement of fish in those waters.

(2)No person shall disturb or tamper with a fish-counting fence.

(3)No person shall fish within 100 metres of a fish-counting fence.

^note

30 #

Unless authorized by a superintendent, no person shall sell, offer for sale, trade or barter any fish caught in park waters.^note

31 #

No person who has caught, in park waters, a fish suitable for human consumption shall allow that fish to spoil or otherwise be wasted.

31.1 #

No person shall harass, disturb or chase, or attempt to harass, disturb or chase fish in park waters by throwing stones or by any means other than fishing.^note

32 #

[Repealed, SOR/99-352, s. 15] (repealed)

33 #

These Regulations do not apply to a person authorized by a superintendent carry out functions related to fisheries management, investigation or research in a park while the person is engaged in carrying out such functions.^note

33.1 #

Notwithstanding section 15 and subsection 28(1), but subject to section 9, in Kouchibouguac National Park of Canada, a person may fish for American eel by means of a spear held in the hand.^note

34 #

(1)Every person who engages in ice fishing in park waters shall keep any fish, offal, refuse and deleterious substances in containers suitable for their temporary storage and shall remove the containers at the end of each day of fishing from any area in which the person has been fishing.

(2)Where, in any park waters, ice conditions are unsafe for ice-fishing, a superintendent may, by notice in writing, prohibit ice-fishing in any such waters.

(3)Every notice issued pursuant to subsection (2) shall contain a description of the park waters in respect of which the notice is issued and shall be posted by the superintendent in a conspicuous place in the park.

(4)Where a notice is issued pursuant to subsection (2), no person shall ice-fish in any park waters described in that notice.

(5)No person shall engage in ice fishing in any flowing waters in Banff National Park of Canada.

(6)No person shall engage in ice fishing in any waters in Cape Breton Highlands National Park of Canada unless otherwise indicated by a notice posted by the superintendent in accordance with section 35.

35 #

(1)Notwithstanding sections 3 and 10 and Schedule II, a superintendent may, by notice in writing, during an open season close any park waters to fishing or restrict the extent of fishing in such waters where it is necessary to do so for the protection, conservation and management of fish in those waters.

(2)Every notice issued pursuant to subsection (1) shall contain a description of park waters in respect of which the notice is issued and shall be posted by the superintendent in conspicuous places in the park.

(3)Where a notice is issued pursuant to subsection (1), no person shall

(a)fish in any park waters described in that notice, where the notice closes those park waters to fishing; and

(b)exceed the extent of fishing set out in the notice, where the notice restricts the extent of fishing in any park waters.

36 #

Every person shall, when fishing in park waters or when in possession of fishing equipment or bait or any fish in a park, on request by a superintendent or park warden, produce the fishing equipment or bait or the fish for examination.^note

37 #

Every person who fishes in Banff, Waterton Lakes, Yoho, Kootenay, Glacier, Jasper or Mount Revelstoke National Park of Canada shall, in the manner set out in a notice posted by the superintendent at a park wardens’ office, a park information booth or any park entrance,

(a)register the person’s catch of fish;

(b)maintain a record of the person’s catch of fish; and

(c)submit that record to a park warden.

^note

Schedule I · (Section 2)

Schedule II · (Sections 3, 9, 20.1 and 35)

Schedule III · (Sections 10, 11, 12, 12.1, 12.2 and 12.3)

Schedule IV · (Section 20 and Schedule II)

1 | Banff National Park of Canada | (a)Forty Mile Creek, in the vicinity of the water intake reservoir located on the access road behind the public stables(b)Agnes Lake(c)That portion of Marvel Lake downstream from a line drawn between the Fisheries Boundary Markers located at the mouth of Marvel Creek to the confluence of Marvel and Bryant Creeks(d)That portion of Luellen Lake downstream from a line drawn between the Fisheries Boundary Markers located at the mouth of the unnamed stream to the confluence of that stream and Johnston’s Creek(e)The two Fish Lakes nearest Campsite “MO 18” at kilometre 18 on the Molar Creek Trail(f)All tributaries and associated lakes in the Clearwater and Siffleur River Systems, excluding Isabella Lake(g)Cave and Basin Marsh(h)The upper portion of the Castleguard River located in the Castleguard Caves Zone I Preservation Area in the east side of the upper drainage of the Castleguard River2 | Jasper National Park of Canada | (a)[Repealed, SOR/2003-54, s. 58](b)All streams emptying into Amethyst Lake(c)That part of Amethyst Lake situated within a 180 m radius from a point in the middle of the outlet stream from the southeast end of Amethyst Lake(d)That part of the Astoria River situated between Amethyst Lake and a point 400 m downstream from Amethyst Lake(e)The outlet stream from Moab Lake to its junction with the Whirlpool River including that part of Moab Lake situated within a 180 m radius of a point in the middle of the outlet stream where it leaves Moab Lake(f)The outlet stream from Beaver Lake to its junction with the Maligne Lake Road(g)Osprey Lake(h)Maligne River, that portion including the part of Maligne Lake within a 100 m radius of a point in the middle of the Maligne River where it leaves Maligne Lake, to a point 420 m downstream from the Maligne Lake Outlet bridge(i)Jacques Lake and Jacques Lake Outlet stream between Jacques Lake and the Rocky River(j)Mile 9 (Km 15) Lake, Hwy 16 (East)3 | Waterton Lakes National Park of Canada | (a)Buffalo Lake and all other waters within the confines of Buffalo Paddock(b)The north fork of the Belly River and all of its tributaries4 | Prince Albert National Park of Canada | (a)The first or most easterly Heart Lake(b)Waskesiu River(c)Mud Creek(c.1)Amiskowan Lake(d)The Kingsmere River between Kingsmere Lake and Waskesiu Lake(e)That part of Waskesiu Lake adjacent to the outlet from Mud Creek and within a 500 yard radius from a point in the middle of Mud Creek where it discharges into Waskesiu Lake(f)That part of Waskesiu Lake adjacent to the outlet from the Kingsmere River and within a 500 m radius from a point in the middle of the Kingsmere River where it discharges into Waskesiu Lake(g)That part of Kingsmere Lake within a 500 m radius of a point known locally as Clare Point(h)Kapesiwin Creek(i)That part of Halkett Lake adjacent to the outlet of Kapesiwin Creek and within a 500 m radius from a point in the middle of Kapesiwin Creek where it discharges into Halkett Lake5 | Riding Mountain National Park of Canada | (a)[Repealed, SOR/98-268, s. 28](b)South Lake and outlet stream(c)[Repealed, SOR/90-4, s. 36]6 | Terra Nova National Park of Canada | Blue Hills Pond and Rocky Pond7 | Kejimkujik National Park of Canada | (a)Joe Rogers Brook from the park boundary to the Mersey River(b)Grafton Brook from Grafton Lake to Kejimkujik Lake(c)Pebbleloggitch Lake(d)Beaverskin Lake(e)Mountain Lake(f)Cobreille Lake8 | Kluane National Park of Canada | The stream from Upper Kathleen Lake to and including Sockeye Lake9 | Fundy National Park of Canada | (a)The Point Wolfe River from tidewater to the west boundary including Bennett Brook upstream to the lower falls on Bennett Brook(b)The Upper Salmon River and its tributaries, more specifically the Upper Salmon (Alma) River north from Lake Brook and the tributaries Forty Five River, Broad River, Haley Brook to the park boundary, Laverty Brook to Laverty Falls, Second Vault Brook to the Laverty Road and Third Vault Brook to Third Vault Falls10 | Cape Breton Highlands National Park of Canada | (a)That area of the Chéticamp River known locally as The Barrel(b)[Repealed, SOR/99-352, s. 29]11 | La Mauricie National Park of Canada | (a)Alice Lake(b)Dion Lake(c)Éclair Lake(d)De l’Est Lake(e)Étienne Lake(f)Français Lake(g)Du Guide Lake(h)Guilinette Lake(i)Messieurs Lake(j)Du Portage Lake(k)Sud-Est Lake(l)Théode Lake(m)William Lake(n)The westernmost bay, from headland to headland, of Lac Baie-des-Onze-Îles(o)Rivière à la Pêche12 | Forillon National Park of Canada | All fresh waters13 | Mount Revelstoke and Glacier National Parks of Canada | All rivers and streams14 | Point Pelee National Park of Canada | From the second Saturday in May to the last Friday in June: Redhead Pond in its entirety including the connecting channel to Lake Pond and that portion of Lake Pond within 50 metres of its eastern shoreline15 | Gwaii Haanas National Park Reserve of Canada | All waters16 | Tuktut Nogait National Park of Canada | (a)That part of the Hornaday River situated between the park boundary and the La Roncière Falls(b)Seven Islands Lake and stream emptying into the Hornaday River17 | Gros Morne National Park of Canada | (a)All waters of the Western Brook drainage basin, including Western Brook, Western Brook Pond and Stag Brook(b)Ten Mile Feeder between Ten Mile Pond and Deer Arm Pond

Schedule V · (Section 17.3 and subsection 21(1))

| Column I | Column II | Species of Fish | Park Waters1 | Salmon | (a)Terra Nova National Park of CanadaNorthwest River(b)[Repealed, SOR/96-245, s. 38](c)Cape Breton Highlands National Park of CanadaAll waters(d)Kouchibouguac National Park of Canada(e)Gros Morne National Park of Canada(i)Trout River(ii)Lomond River(iii)East Lomond River(iv)Deer Arm BrookAll waters2 | All other species | (a)Terra Nova National Park of CanadaAll brooks and streams(b)Fundy National Park of Canada(i)[Repealed, SOR/2003-54, s. 62](ii)Point Wolfe River from the river mouth to the Point Wolfe Dam(c)Cape Breton Highlands National Park of Canada(i)Cheticamp River and tributaries to the lower end of the pool known locally as Terre Rouge(ii)All of the portion of the North Aspy River within the park(iii)Clyburn Brook and tributaries upstream from the lower end of the area known locally as the A Frame Pool(iv)[Repealed, SOR/98-268, s. 30](d)Jasper National Park of CanadaThe Maligne River from a point 420 m downstream from the Maligne Lake Outlet bridge to the inlet of and including Medicine Lake(e)Kejimkujik National Park of Canada(i)Puzzle Lake and North Cranberry Lake(ii)All waters in the following watersheds, namely, West River, Peskowesk Brook and Shelburne River(f)Gros Morne National Park of Canada(i)Trout River(ii)Lomond River(iii)East Lomond River(iv)Deer Arm Brook

Schedule VI · (Subsection 21(2) and Schedule II)

Schedule VII · (Subsection 24(4))

Item | Park Waters1 | All waters in Banff, Jasper, Kootenay and Yoho National Parks of Canada2 | The Waterton and Belly Rivers and all their tributaries except Cameron Creek in Waterton Lakes National Park of Canada3 | [Repealed, SOR/98-268, s. 31]4 | All waters in Point Pelee National Park of Canada

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.