The commercial bait-fish harvester should obtain knowledge of the rules set out in this section, and then refer to his licence to know about the other conditions to be met. (This text does not replace the official texts of laws and regulations.)

In this section and on any licence, the following definitions apply :

• Bait trap: a trap without wing* or leaders*, made of netting or wire or plastic mesh, mounted on hoops or frames, measuring no more than 60 cm in length and 25 cm in width and having funnel-shaped openings the smallest of which is no greater than 2.5 cm in diameter.
• Creel: a trap without wing* or leaders*, made of netting or wire or plastic mesh, mounted on hoops or frames, and having openings the largest of which is no greater than 2.5 cm in diameter. It is used to catch fish without enmeshing it.
• Dip-net: a net whose mesh does not exceed 2.5 cm when fully extended on what is generally a square frame, measuring no more than 1.3 m in its greatest dimension, and suspended on a rope.
• Fish: a fish or any part thereof, including shellfish (mussels, oysters, etc.), crustaceans (shrimp, crawfish, etc.) and marine animals (seals, whales, etc.).
• Landing net: a bag-shaped net mounted on a frame, measuring no more than 90 cm in its greatest dimension.
• Seine: a net that is suspended vertically in water, having floaters on the top and ballasts on the bottom. Extremities are attached or tugged so as to capture the fish without enmeshing it.
• Wing: a vertical wall made of wire mesh or netting yarn, fixed on one or both sides of the trap so as to lead the fish toward the entrance or to capture it. The leader is a vertical wall fixed on the front of a fishing trap so as to lead the fish toward the entrance of the trap.

Fishing licence – The Ministère delivers the commercial bait-fish harvesting licence. The cost of the licence varies depending on the gear used. This licence indicates the delivery date, the expiry date as well as the conditions of use, including the gears authorized for the species harvested at a specific fishing site.

The fisher may be obliged to file a report on his captures. When fishing, the licence holder must carry his licence and present it when asked by a wildlife officer.

Fishing gear – The owner of a commercial bait-fish harvesting licence my use, as the case may be, a bait trap, a dip-net, a landing net, a creel, or a seine as described in this document. The fisher must identify his gear by writing legibly his name and address or licence number on the gear so that they are visible without it being necessary to pull the gear out of the water. A licence may carry conditions setting out the manner in which to identify the fishing gear.

Use of bait-fish – The use (including possession and transport) of fish as bait is prohibited. However, subject to authorized fishing periods, the use of dead bait-fish is permitted in Zones 4^a, 5, 6^b, 7, 9, 10^c, 11, 12, 13^d, 14, and 16, except at the following places:

1. lake À la Truite (Ham Sud);
2. lakes Cristal, Hatley and Petit lac Baldwin;
3. the Papineau-Labelle wildlife sanctuary;
4. the Aiguebelle national park and in zecs Dumoine and Maganasipi. In zec Restigo, bait-fish is authorized only from April 1 to 15 and December 1 to March 31.

At the following places, dead smelt only is authorized:

in Zone 17, from December 1 to April 24;

in Zone 28, from December 1 to April 15 in the following lakes: Bouchette (Dablon township), À la Croix (Caron township), Des Commissaires, Des Coudes, Gronick, Des Habitants, À Jim (Ramezay township), Kénogami, Labonté, Labrecque (Labrecque township), La Mothe, Montréal, Ouiatchouan, Aux Rats (zec Rivière-aux-Rats), Rond (48°23’ N 72°20’ W), Saint-Jean (the waters encircled by Highways 169 and 373), Sébastien (Falardeau township), Tchitogama, Vert (Mésy township), and in the following rivers: Mistassibi between Highway 169 and the southern limits of the La Trappe and Hudon townships, Péribonka between the Highway 169 bridge near Sainte-Monique and latitude 49° N, Saguenay between the Highway 169 bridges in Alma and the Dubuc bridge in Saguenay.

The possession of dead bait-fish is authorized in the portions of Zones 1, 2, 3, 18, 19 and 27 comprised on or between Highways 20, 40, 132 (except between Sainte-Flavie and Matapédia), or Highway 138, and on the waters of Zone 7 or 21 for use as bait in these waters. In Zone 28, the possession of dead smelt intended for use as bait-fish in this zone’s waters is authorized where their use as bait is authorized.

Moreover, subject to authorized fishing periods, dead or live bait-fish may be used to fish in Zones 7 (between Highways 132 and 138), 8, 21 and 25, as well as in the Des Outaouais river, between lake Témiscamingue and the dam on the first upstream falls at point 47º36’ N 79º27’ W (Zone 13). For an overview of the zones, see the brochure Sport fishing in Québec, April 1, 2005 – March 31, 2007.

Bait-fish prohibited – In waters where bait-fish may be used, it is prohibited to use as bait-fish (whether dead or alive, whole or cut up): bass, bowfin, bullhead, burbot, carp, channel catfish, char, freshwater drum, goldeye, goldfish, lake trout, lampreys, longnose gar (garpike), mooneye, muskellunge, pike, redhorse, round goby, salmon (Atlantic, coho, chinook, kokanee, landlocked), sturgeon, sunfish (longear, bluegill, rock bass, pumpkinseed), tench, trout, walleye, yellow perch and any fish species that is not indigenous to Québec.

Other bait – Crustaceans, in particular crawfish, mollusks, marine animals and their parts, as well as fish eggs are considered fish within the meaning of law. Their use as bait is subject to the same regulations. Moreover, leeches, whether dead or alive, are permitted everywhere.

Selling bait-fish – The owner of a commercial bait-fish harvesting licence or the holder of a bait-fish live well licence may sell live bait-fish only in the zones where the use of live bait-fish is permitted. Anyone may sell dead bait-fish previously caught by a commercial bait-fish harvesting licence holder or acquired from the holder of a bait-fish live well licence.

• It is prohibited to sell bait-fish caught in sportfishing or to sell, buy or have in one’s possession illegally caught fish.

Returning fish to water – The angler who catches a fish during a period when or at a place where it is prohibited to fish for this species, using a prohibited device, or of a species which it is prohibited to possess or to keep must return the fish immediately, whether dead or alive, to the waters from which it was taken, avoiding needless injury if it is still alive. It is an offence to keep such a fish.