Acts and Regulations

82-103 - General Angling

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 82-103
under the
Fish and Wildlife Act
(O.C. 82-473)
Filed June 10, 1982
Under section 118 of the Fish and Wildlife Act, the Lieutenant-Governor in Council makes the following Regulation:
2004-78
1This Regulation may be cited as the General Angling Regulation - Fish and Wildlife Act.
2004-78
2(1)In this Regulation
“Act” means the Fish and Wildlife Act;(Loi)
“Atlantic salmon” means an Atlantic salmon other than landlocked salmon and includes a black or spring salmon and a grilse;(saumon de l’Atlantique)
“day” means for the purposes of sections 8, 10, 11, 17 and 18, except where those sections apply to angling on the regular Crown reserve waters as described in paragraph 7(3)(b.1) and on the daily Crown reserve waters as described in paragraph 7(4)(c), any portion of the period between 14:00 hours on one day and 14:00 hours on the next ensuing day during which angling is permitted by law;(jour)
“licence” Repealed: 2015-5
“lock seal tag” Repealed: 2015-5
“winter ice fish” means to fish by means of a hook and line through the ice.(pêcher l’hiver sous la glace)
2(2)The provisions of this Regulation are subject to the provisions of the Fisheries Act (Canada).
2(3)Except in the case of a live release licence referred to in section 28.1, no licence issued under the Act is valid for the following waters or any portion of them during the periods of time specified:
(a) all the waters within the boundaries of the Fundy National Park and Kouchibouguac National Park, at any time during the calendar year;
(b) all brooks flowing into Nepisiguit Lake in Northumberland County and Nictau Lake in Restigouche County, at any time during the calendar year;
(c) Repealed: 96-17
(d) Southeast Upsalquitch River, from and including the unnamed pool next above Boar’s Head Pool upstream to Simpsons Field Falls, exclusive of tributaries, at any time during the calendar year;
(e) Little Southwest Miramichi River, from and including Big Rock Pool upstream to but not including Gover Lake, and the Northwest Branch Little Southwest Miramichi River to but not including Cleaver Lake, exclusive of other tributaries, from July 1 to the end of the angling season inclusive;
(f) Lower North Branch Little Southwest Miramichi River, from and including Rocky Rapids Pool upstream to its source, including tributaries, at any time during the calendar year;
(g) North Branch Southwest Miramichi River, one hundred and fifty metres downstream from the road bridge at Bridge Pool, so called, upstream to its source, exclusive of tributaries, from July 1 to the end of the angling season inclusive;
(h) North Pole Stream, from its confluence with the Little Southwest Miramichi River upstream to its source including the East Branch North Pole Stream and the West Branch North Pole Stream, at any time during the calendar year; and
(i) the Lower Cains River Stretch, exclusive of tributaries, from the river ford located approximately three-quarters of a kilometre upstream of Hopewell Lodge, upstream to the James O’Donnell Campsite (#415100298) located seven hundred metres upstream from the Acadia Bridge Pool, from April 15 to August 31 inclusive;
(j) the Upper Cains River Stretch, exclusive of tributaries, from the James O’Donnell Campsite (#415100298) located seven hundred metres upstream from the Acadia Bridge Pool, upstream up to and including Lower Otter Brook Pool, from April 15 to August 31 inclusive.
2(4)No non-resident angling licence issued under the Act shall be valid for the Crown open waters of the Little Main Restigouche River Lower Stretch, not including its branches, from the confluence of Kedgwick River upstream to, but not including the pool at the mouth of Jardine Brook.
84-123; 86-86; 87-33; 87-86; 88-275; 90-102; 93-109; 94-44; 95-67; 96-17; 2004-29; 2004-78; 2015-5; 2020-39; 2021-36
LICENCES
3(1)Subject to sections 8, 9 and 15, licences to be issued by the Minister under section 83 of the Act include a non-resident angling licence which entitles the holder or any person authorized under the licence to angle the specified species of fish, subject to the number of fish belonging to a species permitted to be angled as prescribed by sections 24 and 25 on all waters for which a non-resident angling licence is not invalid or which are not closed during the open season prescribed by law for angling such species of fish.
3(2)Classes of non-resident angling licences are as follows:
(a) Class 1 licence which authorizes the holder to angle for Atlantic salmon, trout, pickerel, bass and any other fish for the entire open season prescribed by law for angling for such species of fish;
(b) Class 2 licence which authorizes the holder to angle for Atlantic salmon, trout, pickerel, bass and any other fish for 7 consecutive days within the open season prescribed by law for angling for such species of fish;
(c) Class 3 licence which authorizes the holder to angle for Atlantic salmon, trout, pickerel, bass and any other fish for 3 consecutive days within the open season prescribed by law for angling for such species of fish;
(d) Class 4 licence which authorizes the holder to angle for trout, pickerel, bass and any other fish except Atlantic salmon for the entire open season prescribed by law for angling for such species of fish;
(e) Class 5 licence which authorizes the holder to angle for trout, pickerel, bass and any other fish except Atlantic salmon for 7 consecutive days within the open season prescribed by law for angling for such species of fish;
(f) Class 6 licence which authorizes the holder to angle for all species of fish except Atlantic salmon for 3 consecutive days within the open season prescribed by law for angling for such species;
(g) Class 11 licence which authorizes the holder to winter ice fish for all species of fish except Atlantic salmon and striped bass for the entire open season, on the days, in the waters and otherwise as prescribed by law for winter ice fishing such species of fish; and
(h) non-resident day adventure licence which
(i) subject to subsections (2.2) and (2.3), authorizes the holder to angle, while participating in a day adventure package purchased from a day adventure operator or outfitter approved by the Minister, for Atlantic salmon, trout, pickerel, bass and any other fish for one day within the open season prescribed by law for angling for such species of fish, or
(ii) authorizes the holder to winter ice fish, while participating in a day adventure package purchased from a day adventure operator or outfitter approved by the Minister, for all species of fish except Atlantic salmon and striped bass for one day within the open season, in the waters and otherwise as prescribed by law for winter ice fishing such species of fish.
(i) Repealed: 2020-39
(j) Repealed: 2020-39
(k) Repealed: 2020-39
3(2.01)The day during which a non-resident day adventure licence is valid shall be specified on the licence.
3(2.1)Notwithstanding anything in subsection (2), a non-resident is authorized to winter ice fish only by a class 11 licence or a non-resident day adventure licence.
3(2.2)The holder of a non-resident day adventure licence, and any person authorized to angle under such a licence while accompanied by the holder, shall not
(a) subject to subsections 20(3) and (4) of the Act, angle for Atlantic salmon while not accompanied by a licensed guide I,
(b) together, angle for more than four Atlantic salmon per day,
(c) angle any Atlantic salmon except with an artificial fly dressed on a single or double hook,
(d) kill any Atlantic salmon, or
(e) be in possession of a dead Atlantic salmon while angling.
3(2.3)The holder of a non-resident day adventure licence, and any person authorized to angle under such a licence while accompanied by the holder, shall immediately unhook and return, alive into the water from which it was taken, each Atlantic salmon angled.
3(3)A non-resident angling licence does not convey the right of angling on Crown leased water or private water without the consent of the lessee or the owner.
3(3.1)A non-resident angling licence does not convey the right of angling on regular Crown reserve waters or daily Crown reserve waters.
3(4)Non-resident angling licences expire annually on March 31.
87-33; 88-275; 93-109; 95-67; 99-42; 2002-39; 2010-12; 2020-39
3.1If, under subsection 20(4) of the Act, the Minister authorizes a non-resident to angle while not accompanied by a guide, the Minister shall issue to that person a guide exemption licence.
2011-75
4(1)Subject to sections 8, 9 and 15, licences to be issued by the Minister under section 83 of the Act include a resident angling licence which entitles the holder or any other person authorized under the licence to angle the specified species of fish, subject to the number of fish belonging to a species permitted to be angled as prescribed by sections 24 and 25 on all waters for which a resident angling licence is not invalid or which are not closed during the open season prescribed by law for angling such species of fish.
4(2)Classes of resident angling licences are as follows:
(a) Class 7 licence which authorizes the holder who is 16 years of age or older but younger than 65 years of age on the day the licence is issued to angle for Atlantic salmon, trout, pickerel, bass and any other fish during the entire open season prescribed by law for angling for such species of fish and to winter ice fish for all species of fish except Atlantic salmon and striped bass for the entire open season, on the days, in the waters and otherwise as prescribed by law for winter ice fishing such species of fish;
(b) Class 8 licence which authorizes the following holders to angle for Atlantic salmon, trout, pickerel, bass and any other fish during the entire open season prescribed by law for angling for such species of fish and to winter ice fish for all species of fish except Atlantic salmon and striped bass for the entire open season, on the days, in the waters and otherwise as prescribed by law for winter ice fishing such species of fish:
(i) a holder who is 10 years of age or older but younger than 16 years of age on the day the licence is issued; or
(ii) a holder who is 65 years of age or older on the day the licence is issued;
(c) Class 9 licence which authorizes the holder who is younger than 65 years of age on the day the licence is issued to angle for any fish except Atlantic salmon during the entire open season prescribed by law for angling the species of fish and to winter ice fish for all species of fish except Atlantic salmon and striped bass for the entire open season, on the days, in the waters and otherwise as prescribed by law for winter ice fishing such species of fish;
(d) Class 10 licence which authorizes the holder who is 65 years of age or older on the day the licence is issued to angle for any fish except Atlantic salmon during the entire open season prescribed by law for angling the species of fish and to winter ice fish for all species of fish except Atlantic salmon and striped bass for the entire open season, on the days, in the waters and otherwise as prescribed by law for winter ice fishing such species of fish; and
(e) Repealed: 2020-39
(f) resident day adventure licence which
(i) subject to subsections (2.2) and (2.3), authorizes the holder to angle, while participating in a day adventure package purchased from a day adventure operator or outfitter approved by the Minister, for Atlantic salmon, trout, pickerel, bass and any other fish for one day within the open season prescribed by law for angling for such species of fish, or
(ii) authorizes the holder to winter ice fish, while participating in a day adventure package purchased from a day adventure operator or outfitter approved by the Minister, for all species of fish except Atlantic salmon and striped bass for one day within the open season, in the waters and otherwise as prescribed by law for winter ice fishing such species of fish.
(g) Repealed: 2020-39
(h) Repealed: 2020-39
4(2.01)The day during which a resident day adventure licence is valid shall be specified on the licence.
4(2.1)Repealed: 2020-39
4(2.2)The holder of a resident day adventure licence, and any person authorized to angle under such a licence while accompanied by the holder, shall not
(a) together, angle for more than four Atlantic salmon per day,
(b) angle any Atlantic salmon except with an artificial fly dressed on a single or double hook,
(c) kill any Atlantic salmon, or
(d) be in possession of a dead Atlantic salmon while angling.
4(2.3)The holder of a resident day adventure licence, and any person authorized to angle under such a licence while accompanied by the holder, shall immediately unhook and return, alive into the water from which it was taken, each Atlantic salmon angled.
4(3)A resident angling licence does not convey the right of angling on Crown leased water or private water without the consent of the lessee or the owner.
4(4)Resident angling licences expire annually on March 31.
88-173; 88-275; 93-109; 95-67; 99-42; 2002-39; 2004-29; 2010-12; 2020-39
5Subject to subsection 22(4) and to applicable bag limits, a non-resident angling licence or a resident angling licence authorizes a licensed guide I to angle the species of fish permitted to be angled under that licence while accompanying the holder of the licence as a guide, except on regular Crown reserve waters or daily Crown reserve waters, but the licensed guide I shall not angle simultaneously with the holder of the licence.
88-173; 90-102; 91-84; 95-67
6(1)Repealed: 2015-5
6(2)Repealed: 2015-5
6(2.1)The periods of validity of all the class 2 and class 3 licences issued to a person shall not overlap.
6(3)The holder of a class 1, 7 or 8 licence shall not obtain, during the season for which such licence is valid, any other angling licence referred to in section 3 or 4 of this Regulation.
6(4)Repealed: 95-67
94-44; 95-67; 2010-12; 2015-5
CROWN RESERVE WATERS
7(1)For the purposes of angling, the Crown waters described
(a) in subsection (2) are designated as special Crown reserve waters,
(b) in subsection (3) are designated as regular Crown reserve waters, and
(c) in subsection (4) are designated as daily Crown reserve waters.
7(2)Special Crown reserve waters mean the Restigouche River Special Stretch which is the Crown-owned waters of the Restigouche River from a point immediately upstream of Little Cross Point Pool upstream to the mouth of Kedgwick River, exclusive of tributaries.
7(3)Regular Crown reserve waters mean
(a) except from September 16 to May 31 inclusive, the stretches of the Restigouche River which are described as follows:
(i) the Red Bank Stretch, exclusive of tributaries from and including Red Bank Pool downstream to the freehold boundaries next below the mouth of White’s Brook;
(ii) the Three Sisters Stretch, from and including Snake Brook downstream to but not including Red Bank Pool; and
(iii) the Devil’s Half Acre Stretch, exclusive of tributaries from but not including Tracy Brook Pool downstream to but not including Snake Brook;
(b) the stretches of the Upsalquitch River, which are described as follows:
(i) the Crooked Rapids Stretch, from and including Cooksie Pool downstream to but not including the Pool at the mouth of Long Lookum Brook, exclusive of tributaries;
(ii) the Forks Pool Stretch, from and including Forks Pool downstream to but not including Cooksie Pool, exclusive of tributaries;
(ii.1) the Craven Gulch Stretch, from but not including the Forks Pool upstream to the Legacé Bridge, exclusive of tributaries;
(iii) the Northwest Stretch, from the Legacé Bridge upstream to the mouth of Nine Mile Brook, exclusive of tributaries; and
(iv) the Southeast Stretch, from but not including the Forks Pool upstream to and including Boar’s Head Pool;
(b.1) the stretches of the Patapedia River which are described as follows:
(i) Zone 1 - the Patapedia River Stretch in the Province from and including Boundary Pool downstream to and including Nineteen Mile Pool;
(ii) Zone 2 - the Patapedia River Stretch in the Province from but not including Nineteen Mile Pool downstream to and including Fourteen Mile Pool; and
(iii) Zone 3 - the Patapedia River Stretch in the Province from but not including Fourteen Mile Pool downstream to but not including the pool at the mouth of Big Indian Brook;
(b.2) Repealed: 2014-121
(c) the stretches of the Northwest Miramichi River, which are described as follows:
(i) the Elbow Stretch, not including its branches, from the mouth of Little River upstream to the mouth of Stoney Brook;
(ii) the Stoney Brook Stretch, from the southeast corner of granted lot number 50 downstream to the mouth of Stoney Brook, exclusive of tributaries;
(ii.1) the Sullivan Stretch, from the western boundary of Lot C granted to Allan Ritchie upstream to but not including Moose Brook Pool, exclusive of tributaries;
(iii) the Depot Stretch, from and including Moose Brook Pool upstream to Forty Two Brook but not including Bridge Pool, exclusive of tributaries; and
(iv) the Crawford Pool Stretch, not including its branches, from Forty Two Brook, including Bridge pool upstream to the lower line of Lot No. 1 at the forks granted to William Crawford;
(d) the stretches of the North Branch Sevogle River which are described as follows:
(i) the Groundhog Landing Stretch, not including its branches, from a point one-half mile above Cruickshank Pool to and including Boo Bey Brook Pool;
(ii) the Narrows Stretch, not including its branches, from Boo Bey Brook but not including Boo Bey Brook Pool to a point one mile upstream from the Fraser-Burchill Road; and
(iii) the Squirrel Falls Stretch, North Branch Big Sevogle River, not including its branches, from a point one mile upstream from the Fraser-Burchill Road to the mouth of brook draining Bear Lake;
(d.1) the North Branch Stretch of the Kedgwick River from but not including Forks Pool upstream to the boundary between the provinces of Quebec and New Brunswick, exclusive of tributaries;
(e) the Charlies Rock Stretch of the Little Southwest Miramichi River from the Bailey Bridge downstream to but not including Upper Ledge Pool; and
(f) the Adams Pool Stretch of the Lower North Branch Little Southwest Miramichi River from and including the unnamed pool next below Adams Pool, upstream to but not including Rocky Rapids Pool, exclusive of tributaries.
7(4)Daily Crown reserve waters mean
(a) the Crown-owned waters of the Kedgwick River Lower Stretch, not including its branches, from its mouth upstream to and including the lower Eight Mile Pool;
(a.1) Kedgwick River, Forks Pool, from a post marking the upstream boundary of Crown angling lease number 10, upstream to a post marking the junction of the North and South Branches of the Kedgwick River, exclusive of tributaries;
(b) the Jardine Brook Stretch, Little Main Restigouche River, not including its branches, from and including the pool at the mouth of Jardine Brook to the Victoria County line;
(b.1) except from September 16 to May 31 inclusive, the Grog Island Stretch, the Crown-owned waters of the Restigouche River, not including its branches, from the northern bounds of Lot 65, granted to John Cook, upstream to the northern bounds of Lot 77, granted to Robert Dawson;
(c) the Patapedia Stretch, which is all that portion of the Patapedia River, not including its tributaries, from and including the pool at the mouth of Big Indian Brook downstream to the mouth of the Patapedia River except that portion of the Patapedia River in front of lot 90 granted to Frederick Wyers;
(c.1) the Nepisiguit River Stretch, which is all that portion of the Nepisiguit River, not including its tributaries, from and including White Birch Pool downstream to and including Elbow Pool;
(d) Berry Brook stretch, the Crown-owned waters of the Upsalquitch River, not including its branches, from the Railway Bridge upstream to the mouth of Boland Brook;
(d.01) the Cruickshank Stretch, the Crown-owned waters of the North Branch Big Sevogle River, not including its tributaries, from and including the mouth of Camp Doris Brook upstream to the confluence of the unnamed brook approximately eight hundred metres upstream of Cruickshank Pool;
(d.1) Repealed: 96-17
(e) the Peaked Mountain Lakes, including tributaries;
(e.1) California Lake in the parish of Northesk, Northumberland County, including its tributaries and the first one hundred metres of the outlet Forty Mile Brook;
(f) Caribou Lake in Restigouche County, including its tributaries, and from its outlet downstream to but not including the settling pond;
(g) Goodwin Lake in Northumberland County, not including its tributaries;
(h) Island Lake in Northumberland County, not including its tributaries;
(i) Kenny Lake in Northumberland County, not including its tributaries; and
(j) Valentine Lake in Northumberland County, not including its tributaries.
7(5)Repealed: 95-67
86-86; 91-84; 93-109; 94-44; 95-67; 96-17; 99-28; 2001-21; 2004-29; 2014-121
SPECIAL CROWN RESERVE LICENCE
8(1)Notwithstanding sections 3 and 4, no person authorized to angle under a resident or non-resident angling licence shall be entitled to angle on special Crown reserve waters unless they are the holder of a special Crown reserve licence or authorized to angle under a special Crown reserve licence.
8(2)A person who is the holder of a valid class 1, 2, 3, 7 or 8 licence may apply for a special Crown reserve licence.
8(2.1)On special Crown reserve waters, any person under the age of 16 years who is authorized to angle under a class 1, 2, 3, 7 or 8 licence held by another person shall not angle simultaneously with the holder of the special Crown reserve licence or with any other person under the age of 16 years who is authorized to angle under that same licence.
8(3)An application for a special Crown reserve licence shall be on the form provided for this purpose and shall be sent to the Minister.
8(4)The number of special Crown reserve licences issued by the Minister shall be limited to the number of rods prescribed by subsection 28(1) to be permitted for angling per day on special Crown reserve waters.
8(5)Subject to subsection 22(4) and section 24, a special Crown reserve licence authorizes the holder and a licensed guide I who is accompanying the holder as a guide to angle any species of fish authorized by law
(a) on the special Crown reserve waters specified on the licence, and
(b) during the days specified on the licence.
8(6)A licensed guide I accompanying the holder of a special Crown reserve licence as a guide shall not angle simultaneously with the holder.
90-102; 2002-39; 2010-12; 2020-39; 2021-36
REGULAR CROWN RESERVE LICENCE
9Notwithstanding sections 3 and 4, no person authorized to angle under a resident angling licence shall be entitled to angle on regular Crown reserve waters unless he is the holder of a regular Crown reserve licence or authorized to angle under a regular Crown reserve licence.
87-33
9.1On regular Crown reserve waters, any person under the age of 16 years who is authorized to angle under a class 7 or 8 licence held by another person shall not angle simultaneously with the holder of the regular Crown reserve licence or with any other person under the age of 16 years who is authorized to angle under that same licence.
2010-12; 2020-39
10(1)Repealed: 2011-75
10(2)Subject to subsection (3) and (4), a person who is eligible to hold a class 7 or 8 licence may apply for a regular Crown reserve licence.
10(3)No person shall be eligible to apply for or obtain a regular Crown reserve licence unless the person is
(a) a resident whose principal place of residence is within the Province,
(b) a resident who is a member of the Royal Canadian Mounted Police born in the Province whose principal place of residence is outside the Province, or
(c) a resident who is a member of the Canadian Forces born in the Province whose principal place of residence is outside the Province.
10(4)An application for a regular Crown reserve licence shall be made on behalf of all the persons in a party by a party chief who has attained 16 years of age on or before June 1 in the year of the application.
10(5)An application for a regular Crown reserve licence may be made
(a) at an office of the Department, or
(b) by completing an electronic application available on the Department’s website.
10(5.1)An application for a regular Crown reserve licence shall not be made or accepted later than
(a) in the case of an application made at an office of the Department, 5 p.m. of the first Friday of the month of March in the year of the application, and
(b) in the case of an application completed on the Department’s website, 12 midnight of the first Friday of the month of March in the year of the application.
10(6)Repealed: 95-67
10(7)An application for a regular Crown reserve licence shall list:
(a) up to seven combinations of stretches of waters described in subsection 7(3) and dates on which the party wishes to angle, in order of preference;
(b) the number of members in the party, which shall not be less than the number of rods permitted under subsection 28(2) for angling per day on the waters specified in paragraph (a); and
(c) the name, date of birth, principal place of residence, daytime telephone number and mailing address of each member of the party.
10(8)A person’s name shall not appear on more than one application under subsection (7).
10(9)The Minister may request that a member of a party provide proof of identity, age and principal place of residence.
85-42; 88-275; 95-67; 2002-39; 2010-12; 2011-75; 2014-16; 2014-53; 2020-39
10.1(1)The applications that meet the requirements of section 10 shall be submitted to a random computer draw.
10.1(2)For each application, an available combination of stretch of waters and date for angling shall be assigned to the corresponding party according to the order in which the application is chosen in the draw and then according to the order of preference of the party under paragraph 10(7)(a).
10.1(3)A party shall not be assigned more than one combination of stretch of waters and date for angling.
10.1(4)The Minister may remove an application of a party from the draw if
(a) the name of any member of that party appears on more than one application,
(b) any member of that party is not eligible under the Act or this Regulation to obtain a regular Crown Reserve licence, or
(c) the application is in any way incomplete, inaccurate, misleading or illegible.
2011-75
10.2(1)If, after the draw held under section 10.1, any combination of stretch of waters and date remains available, the Minister may sell any corresponding remaining licences on a first-come first-served basis for a period of two consecutive weeks beginning the second Monday in May.
10.2(2)Only a member of a party who participated in and was not chosen in the draw held under section 10.1 is eligible to purchase a licence under subsection (1).
10.2(3)A member of a party eligible to purchase a licence who is referred to in subsection (2) may reserve a maximum of one combination of stretch of waters and date referred to in subsection (1)
2011-75; 2014-16
10.3The Minister shall issue a regular Crown reserve licence to each member of a party chosen in a draw held under section 10.1 or who purchased a licence under section 10.2.
2011-75; 2014-16
10.4(1)If, on or after the first Monday in June, any combination of stretch of waters and date remains available, the Minister may sell any corresponding remaining licences on a first-come first-served basis up to 48 hours before the date for angling.
10.4(2)Any person eligible to purchase a regular Crown reserve licence may reserve one or more combinations of stretches of waters and dates referred to in subsection (1).
2011-75; 2014-16
10.5(1)If, within 48 hours before the date for angling, any combination of stretch of waters and date remains available, the Minister may sell any corresponding remaining licences on a first-come first-served basis.
10.5(2)Any person eligible to purchase a regular Crown reserve licence may reserve one or more combinations of stretches of waters and dates referred to in subsection (1).
10.5(3)The licences referred to in subsection (1) shall be issued to each member of a party, and the number of persons to make up the party may be less than the number of rods permitted under subsection 28(2) for angling per day on the stretch of waters covered by the licence.
2014-16
11(1)The number of regular Crown reserve licences issued by the Minister shall be limited to the number of rods prescribed by subsection 28(2) to be permitted for angling per day on the regular Crown reserve waters.
11(2)Subject to section 24, a regular Crown reserve licence authorizes the holder to angle any species of fish authorized by law
(a) on the regular Crown reserve waters specified on the licence, and
(b) during the days specified on the licence.
11(3)Repealed: 87-33
11(4)Repealed: 95-67
87-33; 90-102; 91-84; 95-67
PATAPEDIA CROWN RESERVE LICENCE
Repealed: 95-67
12Repealed: 95-67
87-33; 95-67
13Repealed: 95-67
85-42; 95-67
14Repealed: 95-67
87-33; 89-82; 90-102; 91-84; 95-67
DAILY CROWN RESERVE WATERS
15Notwithstanding sections 3 and 4, no person authorized to angle under a resident angling licence shall angle on daily Crown reserve waters unless he is the holder of a daily Crown reserve licence or authorized to angle under a daily Crown reserve licence.
87-33
16(1)Subject to subsections (2) and (2.1), a person who is the holder of a valid class 7 or 8 licence may apply for a daily Crown reserve licence.
16(1.01)On daily Crown reserve waters, any person under the age of 16 years who is authorized to angle under a class 7 or 8 licence held by another person shall not angle simultaneously with the holder of the daily Crown reserve licence or with any other person under the age of 16 years who is authorized to angle under that same licence.
16(1.1)Subject to subsections (2) and (2.1), a person who is the holder of a valid class 9 or class 10 licence may apply for a daily Crown reserve licence to angle on
(a) Repealed: 96-17
(a.01) the Grog Island Stretch, the Crown-owned waters of the Restigouche River, not including its branches, from the northern bounds of Lot 65, granted to John Cook, upstream to the northern bounds of Lot 77, granted to Robert Dawson,
(a.1) the Nepisiguit River Stretch, which is all that portion of the Nepisiguit River, not including its tributaries, from and including White Birch Pool downstream to and including Elbow Pool,
(b) the Peaked Mountain Lakes, including their tributaries,
(b.1) California Lake in the parish of Northesk, Northumberland County, including its tributaries and the first one hundred metres of the outlet Forty Mile Brook, or
(c) Caribou Lake in Restigouche County, including its tributaries, and from its outlet downstream to but not including the settling pond.
16(2)No person shall be eligible to apply for or obtain a daily Crown reserve licence unless the person is
(a) a resident whose principal place of residence is within the Province,
(b) a resident who is a member of the Royal Canadian Mounted Police born in the Province whose principal place of residence is outside the Province, or
(c) a resident who is a member of the Canadian Forces born in the Province whose principal place of residence is outside the Province.
16(2.1)An application for a daily Crown reserve licence shall be made on behalf of all the persons in a party by a party chief who has attained 16 years of age on or before the date of the application.
16(2.2)An application for a daily Crown reserve licence shall not be made more than seven days in advance of the first day on which the party proposes to angle.
16(2.3)An application for a daily Crown reserve licence shall be made
(a) at a designated office of the Department,
(b) by telephone, or
(c) by completing an electronic application available on the Department website.
16(2.4)An application for a daily Crown reserve licence shall list:
(a) the stretch of waters described in subsection 7(4) or 16(1.1), as the case may be, on which the party wishes to angle and date on which the party wishes to do so;
(b) the number of members in the party, which shall not be less than the number of rods permitted under subsection 28(3) for angling per day on the waters specified in paragraph (a); and
(c) the name, date of birth, principal place of residence, daytime telephone number and mailing address of each member of the party.
16(2.5)The Minister may request that a member of a party provide proof of identity, age and principal place of residence.
16(3)Repealed: 2011-75
85-42; 94-44; 95-67; 96-17; 99-28; 2001-21; 2002-39; 2010-12; 2011-75; 2014-16; 2014-53; 2020-39
16.1(1)The applications that meet the requirements of section 16 shall be classified according to the stretches of waters and dates referred to in paragraph 16(2.4)(a) and submitted to a random computer draw for each date on each stretch.
16.1(2)A person’s name shall not appear on more than one application per draw.
16.1(3)The Minister may remove an application of a party from a draw if
(a) the name of any member of that party appears on more than one application,
(b) any member of that party is not eligible under the Act or this Regulation to obtain a daily Crown reserve licence, or
(c) the application is in any way incomplete, inaccurate, misleading or illegible.
2011-75
16.2Subject to section 18, the Minister shall issue a daily Crown reserve licence to each member of a party chosen in a draw under section 16.1.
2011-75
16.3(1)If, after the draws held under section 16.1, any combination of stretch of waters and date remains available, the Minister may sell any corresponding remaining licences on a first-come first-served basis up to 48 hours before the date for angling.
16.3(2)The licences referred to in subsection (1) shall be issued to each member of a party, and the number of persons to make up the party shall not be less than the number of rods permitted under subsection 28(3) for angling per day on the stretch of waters covered by the licence.
16.3(3)If any of the remaining licences were not sold under subsection (1), the Minister may extend the time for the sale of those licences and subsection (2) does not apply to the sale.
2011-75
17(1)The number of daily Crown reserve licences issued by the Minister shall be limited to the number of rods prescribed by subsection 28(3) to be permitted for angling per day on the daily Crown reserve waters.
17(2)Subject to section 24, a daily Crown reserve licence authorizes the holder to angle any species of fish authorized by law
(a) on any daily Crown reserve waters specified on the licence, and
(b) during the days specified on the licence.
87-33; 90-102; 91-84; 96-17
18(1)No holder of a daily Crown reserve licence shall angle on any specific stretch of daily Crown reserve waters for more than two days in any one month, and those periods shall not be consecutive over month ends.
18(2)Days spent angling under a licence issued under section 16.3 shall not be counted for the purposes of subsection (1).
99-28; 2010-12; 2011-75; 2014-16
SEASONS
19Subject to the regulations under the Fisheries Act (Canada), the holder of a special Crown reserve licence, a regular Crown reserve licence or a daily Crown reserve licence is authorized to angle on the Crown reserve waters designated on the licence during the period or periods specified on the licence which shall occur within the seasons prescribed in Schedule E.
85-102; 90-102; 95-67; 2021-36
TAGGING OF ATLANTIC SALMON
2002-39
20(1)For the purposes of this section, unless the context otherwise requires,
“grilse” means an Atlantic salmon of sixty-three cm or less in total length as measured from the tip of the snout to the fork of the tail along the side of the fish;(grilse)
“salmon” means an Atlantic salmon of greater than sixty-three cm in length as measured from the tip of the snout to the fork of the tail along the side of the fish.(saumon)
20(1.1)For the purposes of this section, a tag is associated with a licence if the tag has been activated under subsection (4.2) in respect of that licence.
20(2)Subject to subsection (4.1), the number of tags associated with a class 1, 7 or 8 licence shall not exceed four.
20(3)Subject to subsection (4.1), the number of tags associated with a class 2 licence shall not exceed two.
20(4)Subject to subsection (4.1), the number of tags associated with a class 3 licence shall not exceed one.
20(4.1)The combined total number of tags associated with all angling licences held by a person during the angling season for which the licences are valid shall not exceed four.
20(4.2)On application under subsection (4.3) or (4.4) and subject to subsections (2), (3), (4) and (4.1), the Minister may activate a tag in respect of a class 1, 2, 3, 7 or 8 licence using the unique alphanumeric identifier printed on the tag.
20(4.3)Subject to subsections (4.6) and (4.7), an applicant for a class 1, 2, 3, 7 or 8 licence may apply at the same time as he or she applies for the licence for the activation of a tag in respect of the licence
(a) at a Service New Brunswick centre,
(b) by completing an electronic application accessible through the Department’s website or Service New Brunswick’s website, or
(c) at the business premises of a vendor appointed under section 84 of the Act.
20(4.4)Subject to subsection (4.8), the holder of a class 1, 2, 3, 7 or 8 licence may apply for activation of a tag in respect of the licence
(a) at a Service New Brunswick centre,
(b) by completing an electronic application accessible through the Department’s website or Service New Brunswick’s website, or
(c) at the business premises of a vendor appointed under section 84 of the Act.
20(4.5)A tag is not valid if it does not comply with Schedule A.
20(4.6)An application for a class 1, 2, 3, 7 or 8 licence must be accompanied by an application authorized under this section for the activation of at least one tag in respect of that licence.
20(4.7)No application under subsection (4.3) by an applicant for a licence for the activation of a tag in respect of the licence is authorized if granting the application under (4.3) and the application for the licence would result in a contravention of subsection (2), (3), (4) or (4.1).
20(4.8)No application under subsection (4.4) by the holder of a licence for the activation of a tag in respect of the licence is authorized if granting the application would result in a contravention of subsection (2), (3), (4) or (4.1).
20(5)Every tag associated with an angling licence issued to a person shall be void on the expiration of the licence and shall not be utilized in respect of any other licence, except for a special Crown reserve licence, regular Crown reserve licence or daily Crown reserve licence issued to the person in accordance with section 83 of the Act and this Regulation.
20(6)Repealed: 2015-5
20(7)Repealed: 84-123
20(8)Every person authorized under a licence issued under the Act to angle for Atlantic salmon shall immediately after killing a grilse affix to that grilse in accordance with Schedule B a previously unused tag associated with the licence under which the holder is entitled to angle for Atlantic salmon.
20(9)Subject to subsection 22(4), every holder of a regular Crown reserve licence or a daily Crown reserve licence shall immediately after killing a grilse while angling on regular Crown reserve waters or daily Crown reserve waters affix to that grilse in accordance with Schedule B a previously unused tag associated with that person’s class 7 or 8 licence.
20(10)Subject to subsection 22(4), every person authorized under a regular Crown reserve licence or a daily Crown reserve licence who is not the holder of a class 7 or 8 licence but who is a person entitled under this Regulation to angle for Atlantic salmon under a class 7 or 8 licence issued to another person shall immediately after killing a grilse while angling on regular Crown reserve waters or daily Crown reserve waters affix to that grilse in accordance with Schedule B a previously unused tag associated with the class 7 or 8 licence under which he or she is authorized to angle.
20(11)Subject to subsection 22(4), every holder of a special Crown reserve licence shall immediately after killing a grilse while angling on special Crown reserve waters affix to that grilse in accordance with Schedule B a previously unused tag associated with their class 1, 2, 3, 7 or 8 licence.
20(12)Subject to subsection 22(4), every person authorized under a special Crown reserve licence who is not the holder of a class 1, 2, 3, 7 or 8 licence but who is entitled under this Regulation to angle for Atlantic salmon under a class 1, 2, 3, 7 or 8 licence issued to another person shall immediately after killing a grilse while angling on special Crown reserve waters affix to that grilse in accordance with Schedule B a previously unused tag associated with the class 1, 2, 3, 7 or 8 licence under which he or she is entitled to angle.
20(13)No person shall affix a tag to a salmon.
20(14)Every tag that was used, altered or tampered with in any way is void, and, for the purposes of the Act and this Regulation, no grilse bearing such a tag is considered to be lawfully tagged in accordance with this Regulation.
20(15)No person shall be in possession of a tag that was used, altered or tampered with in any way.
20(16)No tag associated with a licence shall be used except by the holder of that licence and other persons entitled under this Regulation to angle for Atlantic salmon under that licence.
20(17)No person, other than the holder of a licence permitting him to angle for Atlantic salmon or any person entitled to angle for Atlantic salmon under such licence, shall be in possession of any unused tag associated with that licence.
20(17.1)No holder of a licence and no person who is entitled to angle under the licence shall give to any other person or permit any other person to use an unused tag associated with that licence.
20(18)Every person in possession of an Atlantic salmon to which is affixed a tag associated with a licence which he or she does not hold shall on the request of a conservation officer, assistant conservation officer or a fisheries officer appointed under the Fisheries Act (Canada), immediately supply the name and address of the person from whom he obtained the Atlantic salmon or under whose licence he killed the Atlantic salmon.
20(19)No person shall remove from an Atlantic salmon any tag affixed to it by a person authorized to angle except at the place where the Atlantic salmon is to be consumed and immediately before preparation for consumption.
20(20)No proprietor, operator, manager or employee of a hotel, restaurant, motel, inn or other public dining place, other than an outfitter who accommodates persons angling for Atlantic salmon, shall have upon the premises of the hotel, restaurant, motel, inn or other public dining place any Atlantic salmon or portion thereof which has been taken by angling.
20(21)Notwithstanding subsection (20), a proprietor, operator, manager or employee of a hotel, motel, inn or other facility offering sleeping accommodation for remuneration may store or hold a grilse to which is affixed a tag associated with a licence held by another person if that person is accommodated as a registered guest of that hotel, motel, inn or other facility offering sleeping accommodations for remuneration.
20(22)No person shall remove the head, the tail or portions of the head or tail from an Atlantic salmon which has been tagged in accordance with the Act and the regulations unless they are at their residence or is in the course of preparing the Atlantic salmon or a portion thereof to be consumed as a meal.
20(23)No person shall affix a tag to an Atlantic salmon from which the head, the tail or portions of the head or tail have been removed.
20(24)No person shall be in possession of an Atlantic salmon taken by angling and tagged in accordance with the Act and this Regulation from which the head, tail or portions of the head or tail have been removed unless the person is at the person’s residence or is in the course of preparing the Atlantic salmon or a portion of it for immediate consumption.
83-67; 84-123; 85-42; 88-173; 89-38; 90-102; 93-109; 95-67; 2002-39; 2004-78; 2010-12; 2014-125; 2015-5; 2021-36
ANGLING METHODS
99-28
21(1)No person shall angle by any method other than fly fishing on any Crown reserve waters.
21(1.1)Repealed: 96-17
21(2)Repealed: 2002-39
84-123; 95-67; 96-17; 99-42; 2002-39
21.1No person shall be in possession of any type of terminal tackle, excluding artificial flies, or any type of bait while on the California Lake Daily Crown reserve.
2004-29
LICENSED GUIDES
22(1)A non-resident may angle while not accompanied by a licensed guide I
(a) if he is not angling for Atlantic salmon, and
(b) if he is not angling in waters angled mainly for Atlantic salmon as set out in Schedule C.
22(2)A licensed guide I may accompany as a guide
(a) three licensed persons while wading or fishing from shore for Atlantic salmon or while angling in waters angled mainly for Atlantic salmon as set out in Schedule C; or
(b) one licensed person while angling from a boat for Atlantic salmon or while angling from a boat in waters angled mainly for Atlantic salmon as set out in Schedule C.
22(3)No licensed guide I shall angle simultaneously with any person whom he is accompanying as a guide.
22(4)All fish caught by a licensed guide I accompanying a person who is the holder of an angling licence shall be included in the bag limit of the holder of that angling licence.
2002-39
BAG LIMITS
23(0.1)On the Nepisiguit River Stretch, which is all that portion of the Nepisiguit River, not including its tributaries, from and including White Birch Pool downstream to and including Elbow Pool, no person shall kill or retain more than two trout in any one day, both of which trout must be ten centimetres or more in total length.
23(1)In the Peaked Mountain Lakes and their tributaries, no person shall kill or retain more than two trout in any one day.
23(1.1)In California Lake in the parish of Northesk, Northumberland County, including its tributaries and the first one hundred metres of the outlet Forty Mile Brook, no person shall kill or retain more than five trout in any one day, all of which must be ten centimetres or more in total length.
23(1.2)In Goodwin Lake in Northumberland County, not including its tributaries, no person shall kill or retain more than two trout in any one day.
23(1.3)In Island Lake in Northumberland County, not including its tributaries, no person shall kill or retain more than two trout in any one day.
23(1.4)In Kenny Lake in Northumberland County, not including its tributaries, no person shall kill or retain more than two trout in any one day.
23(1.5)In Valentine Lake in Northumberland County, not including its tributaries, no person shall kill or retain more than two trout in any one day.
23(2)Repealed: 96-17
23(3)Repealed: 96-17
93-109; 94-44; 95-67; 96-17; 99-28; 2004-29; 2006-49; 2014-16
24(1)No person authorized under a licence issued under the Act to angle for Atlantic salmon shall kill more than four grilse as defined in subsection 20(1) during the season prescribed by law or by this Regulation.
24(2)No person authorized under a regular Crown reserve licence to angle for Atlantic salmon on the Restigouche River, the Upsalquitch River, the Northwest Miramichi River, the North Branch Sevogle River, the Little Southwest Miramichi River or the Lower North Branch Little Southwest Miramichi River shall kill more than four grilse as defined in subsection 20(1) during the time period specified in the licence.
24(3)No person authorized under a daily Crown reserve licence to angle for Atlantic Salmon shall kill more than two grilse as defined in subsection 20(1) during the time period specified on the licence.
24(3.1)Subsection (3) does not apply to a person authorized under a daily Crown reserve licence to angle for Atlantic salmon on the daily Crown reserve waters described in paragraph 7(4)(c).
24(4)Repealed: 95-67
84-123; 87-33; 88-173; 93-109; 95-67; 96-17; 2010-12; 2014-121; 2014-125
25(1)All Atlantic salmon caught by a person under the age of 16 years accompanying the holder of a class 1, 2, 3, 7 or 8 licence shall be included in the bag limit of the holder of the class 1, 2, 3, 7 or 8 licence.
25(2)Repealed: 2020-39
25(3)All fish caught by a person under the age of 16 years accompanying the holder of a special, regular or daily Crown reserve licence shall be included in the bag limit of the holder of the special, regular or daily Crown reserve licence.
25(4)Repealed: 2020-39
2010-12; 2020-39
STRIP MINE PONDS
26(1)All lakes and ponds in Queen’s County and Sunbury County situated within or adjoining an area in which strip coal mining operations were carried out shall be known as strip-mine ponds.
26(2)Repealed: 95-67
26(3)Repealed: 95-67
26(4)No person authorized to angle under a resident or non-resident angling licence issued under the Act shall
(a) Repealed: 95-67
(b) Repealed: 95-67
(c) Repealed: 95-67
(d) angle for, catch or take fish in any stripmine pond which is posted “Angling Prohibited” by order of the Minister; or
(e) use or place any shack or shelter of any kind on the ice over the waters of strip-mine ponds except a shelter made entirely of snow or ice.
95-67
FEES
27Fees payable for angling licences issued under the Act are:
(a)Class 1 licence
$138.00
 
(b)Class 2 licence
$  75.00
 
(c)Class 3 licence
$  38.00
 
(d)Class 4 licence
$  39.00
 
(e)Class 5 licence
 $  26.00
 
(f)Class 6 licence
$  20.00
 
(g)Class 7 licence
$  26.00
 
(h)Class 8 licence
$  10.00
 
(i)Class 9 licence
$  13.00
 
(j)Class 10 licence
  $  10.00
 
(k)Class 11 licence
$  13.00
 
(l)Repealed: 2020-39
 
(m)Repealed: 2020-39
 
(n)Repealed: 2020-39
 
(o)Repealed: 2020-39
 
(p)Repealed: 2020-39
 
(q)Repealed: 2020-39
 
(r)non-resident day adventure licence
$    7.00
 
(s)resident day adventure licence
$    7.00
 
(t)special Crown reserve licence
$  25.00
 
(u)regular Crown reserve licence for angling during the period beginning on June 1 and ending on August 31 (per day)
$  46.00
 
(u.1)regular Crown reserve licence for angling during the period beginning on September 1 and ending on September 15 (per day)
$  31.00
 
(v)subject to paragraph (w), daily Crown reserve licence for angling during the period beginning on June 1 and ending on August 31 (per day)
$  46.00
 
(v.1)subject to paragraph (w), daily Crown reserve licence for angling during the period beginning on September 1 and ending on September 15 (per day)
$  31.00
 
(w)daily Crown reserve licence for angling on the daily Crown reserve waters described in paragraphs 7(4)(c.1), (e), (e.1), (f), (g), (h), (i) and (j) during the period beginning on June 1 and ending on August 31 (per day)
$  20.00
 
(w.1)daily Crown reserve licence for angling on the daily Crown reserve waters described in paragraphs 7(4)(c.1), (e), (e.1), (f), (g), (h), (i) and (j) during the period beginning on September 1 and ending on September 15 (per day)
$  13.00
 
(w.2)subject to paragraphs (w.4) and (w.6), live release licence for angling during the period beginning on June 1 and ending on August 31 (per day)
$  33.00
(w.3)subject to paragraph (w.5) and (w.7), live release licence for angling during the period beginning on September 1 and ending on September 15 (per day)
$  22.00
(w.4)live release licence to angle on the Lower Cains River Stretch described in paragraph (d) of Schedule C.1 during the period beginning on June 1 and ending on August 31 (per day)
$  20.00
(w.5)live release licence to angle on the Lower Cains River Stretch described in paragraph (d) of Schedule C.1 during the period beginning on September 1 and ending on September 15 (per day)
$  13.00
(w.6)live release licence to angle on the Upper Cains River Stretch described in paragraph (e) of Schedule C.1 during the period beginning on June 1 and ending on August 31 (per day)
$  20.00
(w.7)live release licence to angle on the Upper Cains River Stretch described in paragraph (e) of Schedule C.1 during the period beginning on September 1 and ending on September 15 (per day)
$  13.00
(x)Repealed: 2020-39
 
(x.1)Repealed: 2020-39
 
(y)Repealed: 2020-39
 
(y.1)Repealed: 2020-39
 
(z)Repealed: 2020-39
 
(z.1)Repealed: 2020-39
 
(aa)replacement licence obtained by a person at a Service New Brunswick centre or at the premises of a vendor appointed under section 84 of the Act
$   5.25
85-42; 88-173; 88-275; 93-109; 95-67; 96-17; 99-28; 99-42; 2002-39; 2004-29; 2004-146; 2009-58; 2009-153; 2011-75; 2014-16; 2016-45; 2020-39; 2021-36
27.01(1)The fees payable for applications for angling licences are:
(a)application for a regular Crown reserve licence under section 10
$ 7.00 per person in the party
(b)application for a daily Crown reserve licence under section 16
$ 7.00 per person in the party
(b.1)application for a live release licence under section 28.21
$ 7.00 per person in the party
(c)Repealed: 2020-39
27.01(2)For the purposes of subsection (1), a person shall not be required to pay in that year more than one application fee.
2011-75; 2014-16; 2020-39; 2021-36
27.1(1)A person purchasing a Class 1 licence shall, at the time of purchase, pay, in addition to any other fee payable under this Regulation for the licence, a conservation fee of thirty dollars.
27.1(2)A person purchasing a Class 2 licence or a Class 4 licence shall, at the time of purchase, pay, in addition to any other fee payable under this Regulation for the licence, a conservation fee of twenty dollars.
27.1(3)A person purchasing a Class 3 licence or a Class 5 licence shall, at the time of purchase, pay, in addition to any other fee payable under this Regulation for the licence, a conservation fee of ten dollars.
27.1(4)A person purchasing a Class 6 licence, a Class 7 licence, a Class 8 licence, a Class 9 licence or a Class 11 licence shall, at the time of purchase, pay, in addition to any other fee payable under this Regulation for the licence, a conservation fee of five dollars.
27.1(5)Repealed: 2020-39
27.1(5.1)Repealed: 2014-121
27.1(5.2)A person purchasing any licence referred to in paragraphs 27(a) to (k) shall, at the time of purchase, pay, in addition to any other fee payable under this Regulation for the licence, a fish stocking conservation fee of five dollars.
27.1(6)Conservation fees paid under this section shall be deposited to the credit of the special purpose account within the Consolidated Fund identified as the Wildlife Trust Fund.
97-115; 2002-8; 2002-39; 2004-146; 2014-121; 2020-39
27.2The fee for a guide exemption licence under section 3.1 is $150.
2011-75
ROD NUMBERS
28(1)The number of rods permitted for angling per day on the special Crown reserve waters described in section 7 is eight.
28(2)The number of rods permitted for angling per day on the regular Crown reserve waters described in section 7 is as follows:
(a) Restigouche River
(i) Red Bank Stretch, 4 rods,
(ii) Three Sisters Stretch, 4 rods,
(iii) Devil’s Half Acre Stretch, 4 rods;
(b) Upsalquitch River
(i) Crooked Rapids Stretch, 2 parties with 2 rods or 1 party with 4 rods,
(ii) Forks Pool Stretch, 2 rods,
(ii.1) Craven Gulch Stretch, 2 rods,
(iii) Northwest Stretch, 2 parties with 2 rods or 1 party with 4 rods,
(iv) Southeast Stretch, 2 rods;
(b.1) Patapedia River
(i) Zone 1 - the Patapedia River Stretch in the Province from and including Boundary Pool downstream to and including Nineteen Mile Pool, 2 rods,
(ii) Zone 2 - the Patapedia River Stretch in the Province from but not including Nineteen Mile Pool downstream to and including Fourteen Mile, 2 rods,
(iii) Zone 3 - the Patapedia River Stretch in the Province from but not including Fourteen Mile Pool downstream to but not including the pool at the mouth of Big Indian Brook, 2 rods;
(c) Northwest Miramichi River
(i) Elbow Stretch, 4 rods,
(ii) Stoney Brook Stretch, 4 rods,
(iii) Sullivan Stretch, 2 rods,
(iv) Depot Stretch, 4 rods,
(v) Crawford Pool Stretch, 4 rods;
(d) North Branch Sevogle River
(i) Groundhog Landing Stretch, 4 rods,
(ii) Narrows Stretch, 4 rods,
(iii) Squirrel Falls Stretch, 4 rods;
(d.1) Kedgwick River
(i) North Branch Stretch, 2 rods,
(e) Little Southwest Miramichi River
(i) Charlies Rock Stretch, 4 rods;
(f) Lower North Branch Little Southwest Miramichi River
(i) Adams Pool Stretch, 4 rods.
28(3)The number of rods permitted for angling per day on the daily Crown reserve waters described in section 7 are as follows:
(a) Kedgwick River Lower Stretch
(i) from June 1 to July 10, inclusive, 3 parties with 2 rods, 2 parties - one with 2 rods and the other with 4 rods or 1 party with 6 rods
(ii) from July 11 to September 15, inclusive, 2 parties with 2 rods or 1 party with 4 rods;
(a.1) Kedgwick River, Forks Pool, 2 rods;
(b) Jardine Brook Stretch, 2 parties with 2 rods or 1 party with 4 rods;
(b.1) Grog Island Stretch, 2 rods;
(c) Patapedia Stretch, 2 rods;
(c.1) Nepisiguit River Stretch, 2 rods;
(d) Berry Brook, 2 parties with 2 rods or 1 party with 4 rods;
(d.001) Cruikshank Stretch, 2 rods;
(d.1) Peaked Mountain Lakes and their tributaries, 2 parties with 2 rods or 1 party with 4 rods;
(d.11) California Lake in the parish of Northesk, Northumberland County, including its tributaries and the first one hundred metres of the outlet Forty Mile Brook, 2 parties with 2 rods or 1 party with 4 rods;
(d.2) Caribou Lake in Restigouche County, including its tributaries, and from its outlet downstream to but not including the settling pond, 2 rods;
(d.3) Goodwin Lake, not including its tributaries, 2 rods;
(d.4) Island Lake, not including its tributaries, 2 rods;
(d.5) Kenny Lake, not including its tributaries, 2 rods;
(d.6) Valentine Lake, not including its tributaries, 2 rods.
28(4)Repealed: 95-67
83-67; 86-86; 93-109; 94-44; 95-67; 96-17; 99-28; 2001-21; 2004-29; 2014-121
LIVE RELEASE
2021-36
28.1Classes of licences issued under section 83 of the Act include a live release licence which authorizes the holder to angle
(a) the number of fish belonging to a species referred to in section 28.5,
(b) on the waters described in Schedule C.1, and
(c) during the days specified on the licence in accordance with section 28.41.
2021-36
28.11No person may apply for a live release licence unless the person
(a) is authorized to angle under a Class 7 or Class 8 licence during the same year, or
(b) is authorized to angle under a Class 9 or Class 10 licence during the same year and is applying to angle on the Lower Cains River Stretch described in paragraph (d) of Schedule C.1 or the Upper Cains River Stretch described in paragraph (e) of Schedule C.1.
2021-36
28.2On waters listed in Schedule C.1, any person under the age of 16 years who is authorized to angle under a Class 7 or Class 8 licence held by another person shall not angle simultaneously with a holder of the live release licence or with any other person under the age of 16 years who is authorized to angle under that same licence.
2021-36
28.21(1)An application for a live release licence shall be made on behalf of all the persons in a party by a party chief who has attained 16 years of age on or before the date of the application.
28.21(2)An application for a live release licence shall not be made more than seven days in advance of the first day on which the party proposes to angle.
28.21(3)An application for a live release licence shall be made
(a) at a designated office of the Department,
(b) by telephone, or
(c) by completing an electronic application available on the Department website.
28.21(4)An application for a live release licence shall list:
(a) the waters described in Schedule C.1 on which the party wishes to angle and date on which the party wishes to do so;
(b) the number of members in the party, which shall not be fewer than the number of rods permitted under section 28.8 for angling per day on the waters specified in paragraph (a); and
(c) the name, date of birth, place of residence, daytime telephone number and mailing address of each member of the party.
28.21(5)The Minister may request that a member of a party provide proof of identity, age and place of residence.
2021-36
28.3(1)The applications that meet the requirements of section 28.21 shall be classified according to the stretches of waters and dates referred to in paragraph 28.21(4)(a) and the classified applications shall be submitted to a random draw for each date on each stretch.
28.3(2)A person’s name shall not appear on more than one application per draw.
28.3(3)The Minister may remove an application of a party from a draw if
(a) the name of any member of that party appears on more than one application,
(b) any member of that party is not eligible under the Act or this Regulation to obtain a live release licence, or
(c) the application is in any way incomplete, inaccurate, misleading or illegible.
2021-36
28.31Subject to section 28.41, the Minister shall issue a live release licence to each member of a party chosen in a draw under section 28.3.
2021-36
28.4(1)If, after the draws held under section 28.3, any combination of stretch of waters and date remains available, the Minister may sell any corresponding remaining licences on a first-come-first-served basis up to 48 hours before the date for angling.
28.4(2)The licences referred to in subsection (1) shall be issued to each member of a party, and the number of persons to make up the party shall not be fewer than the number of rods permitted under section 28.8 for angling per day on the stretch of waters covered by the licence.
28.4(3)If any of the remaining licences were not sold under subsection (1), the Minister may extend the time for the sale of those licences and subsection (2) does not apply to the sale.
2021-36
28.41(1)The Minister shall designate the days during which a holder of a live release licence may angle on any specific stretch of the waters described in Schedule C.1 and shall cause the days to be specified on the licence.
28.41(2)Despite subsection (1), a holder a live release licence may angle on any specific stretch of the waters described in Schedule C.1 two days in any one month, which period shall not immediately precede or follow the period of another month.
28.41(3)Days spent angling under a live release licence issued under section 28.4 shall not be counted for the purposes of subsection (2).
2021-36
28.5A holder of a live release licence shall not
(a) angle for more than four Atlantic salmon per day;
(b) angle for any fish except with an artificial fly dressed on a single or double barbless hook;
(c) kill any fish; or
(d) be in possession of a dead fish while angling upon the waters described in Schedule C.1 or within 400 metres of these waters.
2021-36
28.51Every person authorized under a live release licence for waters listed in Schedule C.1 shall immediately unhook and return each fish angled, alive into the water from which it was taken.
2021-36
28.6A holder of a live release licence shall furnish such information with regard to the number of fish angled and released as required by the Minister and in the form provided for this purpose.
2021-36
28.7Subject to section 28.41, a live release licence is valid during the period of each year from June 1 to September 15 inclusive.
2021-36
28.8The number of rods permitted for angling per day on the live release waters described in Schedule C.1 is as follows:
(a) Lower North Branch Little Southwest Miramichi River, four rods;
(b) Sinclair Stretch of the North Pole Stream, four rods;
(c) Palisades Stretch of the North Pole Stream, four rods;
(d) the Lower Cains River Stretch, four rods; and
(e) the Upper Cains River Stretch, four rods.
2021-36
28.9Despite sections 28.1 to 28.8, a licence issued under the Act is valid for the waters described in Schedule C.1 during the period of time of the year in the angling season that is outside all of the periods of time specified in subsection 2(3) and section 28.7 that pertain to those waters or any portion of those waters.
2021-36
LIVE RELEASE
Repealed: 2020-39
2004-29; 2020-39
29Repealed: 2020-39
94-44; 96-17; 2004-29; 2020-39
30Repealed: 2020-39
94-44; 96-17; 2004-29; 2010-12; 2020-39
30.1Repealed: 2020-39
2010-12; 2020-39
30.2Repealed: 2020-39
2011-75; 2014-16; 2020-39
30.3Repealed: 2020-39
2011-75; 2020-39
30.4Repealed: 2020-39
2011-75; 2020-39
30.5Repealed: 2020-39
2011-75; 2020-39
31Repealed: 2020-39
94-44; 96-17; 2004-29; 2011-75; 2014-16; 2020-39
32Repealed: 2020-39
94-44; 96-17; 99-28; 2002-39; 2004-29; 2020-39
33Repealed: 2020-39
96-17; 2004-29; 2010-12; 2020-39
34Repealed: 2010-12
96-17; 2004-29; 2010-12
35Repealed: 2020-39
96-17; 2004-29; 2020-39
36Repealed: 2020-39
84-123; 86-86; 96-17; 2004-29; 2020-39
37Repealed: 2020-39
86-86; 93-109; 94-44; 96-17; 2004-29; 2006-49; 2020-39
37.1Repealed: 2020-39
94-44; 2020-39
38Regulation 81-52 under the Fish and Wildlife Act is repealed.
SCHEDULE A
TAG
Description
A tag associated with a licence issued under this Regulation has two parts: a metal wire and a blue sticker. The Province of New Brunswick logo shall be printed on the sticker, and the sticker shall bear a unique alphanumeric identifier assigned by the Minister. The sticker shall bear blank spaces on which an angler may indicate the species and record the year and the angler’s first and last names.
83-67; 84-123; 85-42; 87-33; 89-38; 2002-39; 2015-5; 2024-44
SCHEDULE B
1For the purposes of this Regulation, a tag that is affixed to an Atlantic salmon shall be affixed
(a) so that it does not restrict the generality of subsections 20(8) to (12), and
(b) in the manner described and illustrated below.
2Description
A. Insert the metal wire under the gills and through the mouth of the Atlantic salmon;
B. Peel back the liner of the sticker and place the wire on half of the sticky side of the sticker; and
C. Fold the sticker over the ends of the metal wire and apply pressure.
3Illustration
Illustration A.
 
Illustration B.
 
Illustration C.
 
83-67; 84-123; 87-33; 89-38; 2002-39; 2015-5
SCHEDULE C
1The following waters shall be deemed to be waters angled mainly for Atlantic salmon during the period of each year as specified herein:
(a) Restigouche River - from Morrissey Rock upstream to its confluence with the Little Main Restigouche River from May 1 to the last day of the angling season inclusive;
(a.1) Little Main Restigouche River - from its confluence with the Restigouche River upstream to its source, but not including any tributaries of that river, from May 15 to the last day of the angling season inclusive;
(b) Patapedia River - at its confluence with the Restigouche River, that portion of the Patapedia River, not including its tributaries, in front of lot 90 granted to Frederick Wyers from May 15 to the last day of the angling season inclusive;
(c) Kedgwick River - from its confluence with the Restigouche River upstream to the Quebec-New Brunswick border from May 15 to the last day of the angling season inclusive;
(d) Upsalquitch River - from its confluence with the Restigouche River upstream to the closed water sections on the Northwest Upsalquitch and the Southeast Upsalquitch branches from May 15 to the last day of the angling season inclusive;
(e) Jacquet River - upstream from the No. 11 Highway Bridge to the mouth of lower McNair brook from July 1 to the last day of the angling season inclusive;
(f) Tetagouche River from its mouth upstream to Tetagouche Falls from April 15 to the last day of the angling season inclusive;
(g) Nepisiguit River upstream from the No. 11 Highway Bridge at Bathurst to Grand Falls, but not including any tributaries of that river, from April 15 to the last day of the angling season inclusive;
(h) Big Tracadie River from the Murchie Bridge upstream to St. Sauveur Road from April 15 to the last day of the angling season inclusive;
(i) Tabusintac River from the Cain Point Bridge upstream to Bathurst Highway Bridge (route #8), from April 15 to the last day of the angling season inclusive;
(j) Bartibog River from its confluence with Miramichi Bay upstream to the mouth of Green Brook from April 15 to the last day of the angling season inclusive;
(k) Main Southwest Miramichi River from the mouth of Doyles Brook in the parish of Nelson in Northumberland County to the junction of the North Branch and South Branch in Carleton County, but not including any tributaries of that river and the waters of the North Branch of the Southwest Miramichi River from the Forks to the mouth of the Beadle Brook, and the waters of the South Branch of the Southwest Miramichi River from the Forks to the Flemming and Gibson Dam at Juniper, but not including any tributaries of those branches, from April 15 to the last day of the angling season inclusive;
(l) Northwest Miramichi River from Red Bank Bridge to the Forks, but not including any tributaries of that river, from April 15 to the last day of the angling season inclusive;
(m) Little Southwest Miramichi River from Red Bank to its source, but not including any tributaries of that river, from April 15 to the last day of the angling season inclusive;
(n) Lower North Branch Little Southwest Miramichi River from its confluence with the Little Southwest Miramichi River upstream to its source from April 15 to the last day of the angling season inclusive;
(o) Sevogle River from its confluence with the Northwest Miramichi River upstream to the source of both the North and South Branches from April 15 to the last day of the angling season inclusive;
(p) Tamogonops River from its confluence with the Northwest Miramichi upstream to its confluence of the South Branch from June 15 to the last day of the angling season inclusive;
(q) Renous River beginning at its confluence with the Main Southwest Miramichi River upstream to the Fork of the North and South Branch Renous and including the waters of the North Branch Renous River upstream to the North Renous Lake, and including the waters of the South Branch Renous river upstream where the South Branch Renous and the Little Renous Rivers meet, but not including any tributaries of those branches, from April 15 to the last day of the angling season inclusive;
(r) Dungarvon River upstream from its mouth at the Forks of the Renous River to the western limit of Timber Block 222, but not including any tributaries of that river, from April 15 to the last day of the angling season inclusive;
(s) Bartholomew River from its confluence with the Main Southwest Miramichi River to the forks of the North and South Branches, from June 1 to the last day of the angling season inclusive;
(t) Taxis River from its confluence with the Main Southwest Miramichi River upstream to Highway 25 crossing from July 1 to the last day of the angling season inclusive;
(u) Cains River from its confluence with the Main Southwest Miramichi River upstream to the confluence of the North Cains River from April 15 to the last day of the angling season inclusive.
(v) Repealed: 2014-121
(w) Repealed: 2014-121
(x) Repealed: 2014-121
(y) Repealed: 2014-121
(z) Repealed: 2014-121
(aa) Repealed: 2014-121
(bb) Repealed: 2014-121
(cc) Repealed: 2014-121
(dd) Repealed: 2014-121
87-33; 93-109; 94-44; 95-67; 96-17; 99-28; 2002-39; 2014-121
SCHEDULE C.1
(a) Lower North Branch Little Southwest Miramichi River, from and including Rocky Rapids Pool upstream to its source including all tributaries;
(b) Sinclair Stretch of the North Pole Stream, from the Bailey Bridge upstream to the mouth of Lizard Brook, exclusive of tributaries;
(c) Palisades Stretch of the North Pole Stream, from its confluence with the Little Southwest Miramichi River upstream to the Bailey Bridge, exclusive of tributaries;
(d) the Lower Cains River Stretch, exclusive of tributaries, from the river ford that is approximately three-quarters of a kilometre upstream of Hopewell Lodge upstream to the James O’Donnell Campsite (#415100298) located seven hundred metres upstream of the Acadia Bridge Pool;
(e) the Upper Cains River Stretch, exclusive of tributaries, from the James O’Donnell Campsite (#415100298) located seven hundred metres upstream of the Acadia Bridge Pool upstream up to and including Lower Otter Brook Pool.
2021-36
SCHEDULE D
Repealed: 2020-39
86-86; 93-109; 94-44; 96-17; 2004-29; 2006-49; 2020-39
SCHEDULE E
The seasons for angling on Crown reserve waters are as follows:
COLUMN I
COLUMN II
CROWN RESERVE WATERS
SEASONS
1SPECIAL CROWN RESERVE WATERS
Restigouche River Special Stretch
June 1 to
September 15
2REGULAR CROWN RESERVE WATERS
(a)
Restigouche River:
Red Bank Stretch
June 1 to
September 15
Three Sisters Stretch
June 1 to
September 15
Devil’s Half Acre Stretch
June 1 to
September 15
(b)
Upsalquitch River:
Crooked Rapids Stretch
June 1 to
September 15
Forks Pool Stretch
June 1 to
September 15
Craven Gulch Stretch
June 1 to
September 15
Northwest Stretch
June 1 to
September 15
Southeast Stretch
June 1 to
September 15
(c)
Patapedia River:
Patapedia River Stretch
June 1 to
September 15
(d)
Repealed: 2014-121
 
 
 
(e)
Northwest Miramichi River:
Elbow Stretch
June 1 to
September 15
Stoney Brook Stretch
June 1 to
September 15
Sullivan Stretch
June 1 to
September 15
Depot Stretch
June 1 to
September 15
Crawford Pool Stretch
June 1 to
September 15
(f)
North Branch Sevogle River:
Groundhog Landing Stretch
June 1 to
September 15
Narrows Stretch
June 1 to
September 15
Squirrel Falls Stretch
June 1 to
September 15
(f.1)
Kedgwick River:
North Branch Stretch
June 1 to
September 15
(g)
Little Southwest Miramichi River :
Charlies Rock Stretch
June 1 to
September 15
(h)
Lower North Branch Little Southwest Miramichi River:
Adams Pool Stretch
June 1 to
September 15
 96-17; 2014-121 
 
 
 
 
 
3DAILY CROWN RESERVE WATERS
(a)
Kedgwick River:
Kedgwick River Lower Stretch
June 1 to
September 15
(b)
Kedgwick River:
Forks Pool
June 1 to
September 15
(c)
Little Main Restigouche River:
Jardine Brook Stretch
June 1 to
September 15
(c.1)
Restigouche River:
Grog Island Stretch
June 1 to
September 15
(d)
Patapedia River:
Patapedia Stretch
June 1 to
September 15
(d.1)
Nepisiguit River:
Nepisiguit River Stretch
June 1 to
September 15
(e)
Upsalquitch River:
Berry Brook Stretch
June 1 to
September 15
(e.1)
North Branch Big Sevogle River:
Cruickshank Stretch
June 10 to
September 15
(f)
Repealed: 96-17
(g)
Peaked Mountain Lakes, including their tributaries
June 1 to
September 15
(g.1)
California Lake in the parish of Northesk, Northumberland County, including its tributaries and the first one hundred metres of the outlet Forty Mile Brook
June 1 to
September 15
(h)
Caribou Lake in Restigouche County, including its tributaries, and from its outlet downstream to but not including the settling pond
June 1 to
September 15
(i)
Goodwin Lake, not including its tributaries
June 1 to
September 15
(j)
Island Lake, not including its tributaries
June 1 to
September 15
(k)
Kenny Lake, not including its tributaries
June 1 to
September 15
(l)
Valentine Lake, not including its tributaries
June 1 to
September 15
85-102; 86-86; 91-84; 94-44; 95-67; 96-17; 99-28; 2001-21; 2004-29; 2014-121
N.B. This Regulation is consolidated to July 26, 2024.