Yukon Territory Fishery Regulations (C.R.C., c. 854)

Short Title

1 These Regulations may be cited as the Yukon Territory Fishery Regulations.

Interpretation

• 2 (1) In these Regulations,

  Act

  Act[Repealed, SOR/93-60, s. 1]

  Agreement

  Agreement has the same meaning as in the Western Arctic (Inuvialuit) Claims Settlement Act; (Convention)

  angling

  angling means fishing by the use of a rod, line and hook, or a line and hook other than a set line; (pêche à la ligne)

  angling licence

  angling licence means a licence issued under these Regulations for the purposes of angling; (permis de pêche à la ligne)

  artificial fly

  artificial fly means a single hook that

  • (a) is dressed only with fur, feathers, textiles or tinsel wire or any combination thereof, and

  • (b) does not have a spinning device or any external weight attached to it; (mouche artificielle)

  assistant licence

  assistant licence means a licence issued under these Regulations that authorizes a person to engage in commercial or domestic fishing as a helper while in the presence and under the supervision of a person who holds a commercial fishing licence or a domestic fishing licence; (permis d’aide)

  barbless hook

  barbless hook includes a hook all the barbs of which have been compressed to be in complete contact with the shaft of the hook; (hameçon sans ardillon)

  beneficiary

  beneficiary means a person who is enrolled as a beneficiary under the Agreement; (bénéficiaire)

  Canadian resident

  Canadian resident means a person who ordinarily resides in Canada and who is not a Yukon resident; (résident canadien)

  commercial fishing

  commercial fishing means fishing for or catching fish all or any portion of which is intended to be sold, traded or bartered, but does not include fishing by a beneficiary within the Inuvialuit Settlement Region for subsistence usage; (pêche commerciale)

  commercial fishing licence

  commercial fishing licence means a licence issued under these Regulations for the purposes of commercial fishing; (permis de pêche commerciale)

  Department

  Department means the Department of Fisheries and Oceans; (ministère)

  derby

  derby means any sport fishing competition in which 25 or more persons participate; (concours)

  dip net

  dip net means a net that is hung on a ring or frame and that has a closed bottom; (épuisette)

  domestic fishing

  domestic fishing means fishing for or catching fish that is to be used solely for personal consumption by the person fishing for or catching the fish or by that person’s family but does not include

  • (a) sport fishing,

  • (b) [Repealed, SOR/93-339, s. 1]

  • (c) fishing by a beneficiary within the Inuvialuit Settlement Region for subsistence usage; (pêche à des fins domestiques)

  domestic fishing licence

  domestic fishing licence means a licence issued under these Regulations for the purposes of domestic fishing; (permis de pêche à des fins domestiques)

  downrigger

  downrigger means a line used in angling or to assist in angling that has a weight greater than 500 g attached to it; (lest automatique)

  fillet

  fillet means any piece of fish flesh; (filet)

  fish farming

  fish farming means the natural or artificial propagation of fish in any water authorized to be set apart for that purpose by the Minister under section 57 of the Fisheries Act. (aquaculture)

  fish wheel

  fish wheel means a stationary apparatus that is set in a river or stream and is composed of a wheel designed to rotate by means of water power and to catch fish in a series of baskets mounted around the circumference of the wheel; (tourniquet)

  fishing boundary sign

  fishing boundary sign means a white triangular marker that is comprised of three boards, each of which is at least 1.5 m in length and at least 12 cm in width; (borne de pêche)

  freshwater fish

  freshwater fish means any fish found in the Yukon Territory other than a fish of an anadromous stock of

  • (a) chum salmon,

  • (b) coho salmon,

  • (c) chinook salmon,

  • (d) pink salmon,

  • (e) sockeye salmon,

  • (f) rainbow trout,

  • (g) the subfamily Coregoninae, (whitefish and cisco) or

  • (h) Arctic char; (poisson d’eau douce)

  game fish

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

  gill net

  gill net means a net that catches fish by enmeshing them but that does not enclose an area of water; (filet maillant)

  hook

  hook means a single-pointed or multiple-pointed hook on a common shaft and includes a hook on an artificial lure; (hameçon)

  Indian

  Indian has the same meaning as in the Indian Act; (Indien)

  Indian food fish licence

  Indian food fish licence[Repealed, SOR/93-339, s. 1]

  Inuk

  Inuk means a person who is a direct descendant of a person of the race of aborigines commonly known as Inuit; (Inuk)

  Inuvialuit Settlement Region

  Inuvialuit Settlement Region has the same meaning as in the Agreement; (région désignée)

  length

  length means, for the purposes of measuring a fish, the distance between the furthest anterior point of the head of the fish and the furthest posterior point of the caudal fin of the fish; (longueur)

  mesh size

  mesh size means the size of a single mesh of net determined by measuring, without straining the twine, the inside diagonal distance between the knots after immersion in water for not less than ½ hour; (maillage)

  Minister

  Minister means

  • (a) with respect to the administration of freshwater fisheries, the Executive Council Member responsible for Renewable Resources for the Yukon Territory, or

  • (b) in any other case, the Minister of Fisheries and Oceans for Canada; (ministre)

  monofilament

  monofilament means any single filament that has more than 50 deniers and weighs more than 50 g per 9 000 m of filament; (monofil)

  non-resident

  non-resident means a person who is not a Yukon resident or a Canadian resident; (non-résident)

  permanent resident

  permanent resident[Repealed, SOR/93-60, s. 1]

  processed fish

  processed fish means fish that has been canned, smoked, salted, cooked, pickled or dried; (poisson transformé)

  qualified non-resident

  qualified non-resident means, where Alaska has implemented an understanding with Yukon in respect of sport fishing licences, a person who

  • (a) holds a valid Alaska resident sport fishing licence, or

  • (b) has held a valid Alaska resident sport fishing licence within 12 months before making an application for a sport fishing licence under these Regulations; (non-résident admissible)

  radio station

  radio station[Repealed, SOR/93-60, s. 1]

  Regional Director

  Regional Director[Repealed, SOR/93-60, s. 1]

  set line

  set line means a line that is anchored to the bed of a lake or river and has attached to it a hook that is lying on the bed of the lake or river; (ligne fixe)

  snagging

  snagging means attempting to catch or catching a fish with a hook in any manner other than inducing it to take the hook in its mouth; (casaquer)

  spear

  spear includes a bow and arrow; (harpon)

  sport fishing

  sport fishing means fishing for recreational purposes by angling, using a dip net or using a set line; (pêche sportive)

  sport fishing licence

  sport fishing licence means a licence issued under these Regulations for the purpose of sport fishing; (permis de pêche sportive)

  subsistence usage

  subsistence usage has the same meaning as in paragraph (a) of the definition of this expression in the Agreement. (utilisation à des fins de subsistance)

  trap net

  trap net or pound net[Repealed, SOR/93-60, s. 1]

  trolling

  trolling means fishing by means of a lure drawn behind a boat or other floating object; (pêche à la traîne)

  Yukon resident

  Yukon resident means a person who ordinarily resides in the Yukon Territory; (résident du Yukon)

  Yukon River salmon licence

  Yukon River salmon licence means a licence issued under these Regulations that authorizes a person to fish for salmon in the waters of the Yukon River. (permis de pêche du saumon du fleuve Yukon)

• (2) [Repealed, SOR/93-60, s. 1]

Application

• 3 (1) These Regulations apply in respect of fishing in the Canadian fisheries waters off the Yukon Territory and in the waters of the Yukon Territory other than the waters of a National Park of Canada located in that Territory.

• (2) Except as otherwise provided in these Regulations, these Regulations, other than subsections (1) and 9(3) and — to the extent that they relate to a contravention of subsection 9(3) — sections 10 and 11, 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.

Licences and Conservation Cards — General

• 4 (1) Subject to subsection (3), section 4.1 and subsection 5.1(1), no person shall fish, engage in fish farming or hold a derby except under the authority of a licence issued under these Regulations, the Fishery (General) Regulations or the Aboriginal Communal Fishing Licences Regulations.

• (2) Subject to subsection 6(14.1), on receipt of an application for a licence and, where applicable, a Salmon Conservation Catch Card as set out in column I of an item of Schedule III, together with the applicable fee set out in column II of that item, the Minister may issue the licence or the Salmon Conservation Catch Card.

• (3) A person under 16 years of age may engage in angling without a licence if the person

  • (a) is a Yukon resident; or

  • (b) is accompanied by a person who is the holder of an angling licence or a sport fishing licence issued under these Regulations.

• (4) All fish caught by a person under 16 years of age shall be counted as part of the catch of the licence holder referred to in paragraph 3(b).

• (5) The person under 16 years of age referred to in subsection (3) shall, at the request of a fishery officer or fishery guardian, produce proof of age.

National Fishing Week

• 4.1 (1) A Yukon resident may engage in angling without a licence

  • (a) during the period that begins on the last Friday in June and ends at midnight on the Monday immediately following that Friday, if July 1 falls within that period; or

  • (b) during the period that begins on the first Friday in July and ends at midnight on the Monday immediately following that Friday, if July 1 does not fall within the period referred to in paragraph (a).

• (2) Subsection (1) does not apply to angling by a participant in a derby.

• (3) A person engaged in angling without a licence during a period referred to in subsection (1) shall, at the request of a fishery officer or fishery guardian, produce proof that the person is a Yukon resident.