I e-mailed DFO with these questions:
"When sport fishing for salmon in tidal waters in British Columbia, can an angler fish with a "hoochie" (small rubber squid type lure) that has tandem (i.e. 2) single barbless hooks? What about a plug (i.e. a Tomic) or a spoon with tandem single barbless hooks?
Section 8 of the British Columbia Sport Fishing Regulations, 1996 ( SOR /96-137) says:
8. (1) Subject to subsections (2) to (4), no person shall angle with a fishing line to which more than one hook, artificial lure or artificial fly is attached.
(2) A person may angle in the tidal portion of the Fraser River with two hooks, artificial lures or artificial flies, attached to a fishing line.
(3) Subject to subsection (4), a person may angle in tidal waters with any number of hooks attached to a fishing line if the hooks are used in combination to hold a single piece of bait.
(4) A person who is angling in tidal waters for herring, northern anchovy, Pacific sand lance or squid may use any number of hooks on a fishing line.
I assume that the exception in subsection (3) does not apply to hoochies, plugs or spoons as they are not "bait", and therefore can only be fished with a single barbless hook - is this correct? It is unclear because s. 8(1) says that, subject to the exceptions, only one hook, "artificial lure" or "artificial fly" may be used. And while artificial fly is defined under s. 2(1) of the the regulations as being "in tidal waters, a hook, or two hooks tied in tandem, the rest of its definition excludes hoochies or plugs from being artificial flies.
Yet, surprisingly, there is no definition of "artificial lure" that I could find in the Fisheries Act or regulations, and therefore, unlike the case for artificial flies, it seems impossible to know whether an artificial lure (hoochie, plug or spoon) is allowed to have one or two hooks.
Can you assist?"
I got this very helpful reply from a Federal Fisheries Officer:
"Where regulation definitions are not provided the next best source is the dictionary. A person can fish as many hooks as they want as long as it is in a single piece of bait. You can not fish more than one hook on a line unless fishing for herring, squid, sand lance, (bait fish), etc. In artificial lures such as hootchies and plugs, a second hook is considered one that is not part of the artificial lure. Tandem hooks are okay. A hook that hangs behind the lure with the intention of foul hooking a fish would be also be considered a second hook. A second hook such as a string of squirts/hootchies on a fishing line for bottom fish would also be illegal.
The previous regulation was a person could not fish with gear designed to catch more than 1 fish at a time. The exception was baitfish. The other regulation to be aware of it is illegal to fish for salmon with barbed hooks. The test with any lure is it designed to catch the fish by the mouth. Attempting to foul hook fish other than baitfish is illegal.
Hope this helps. The Fraser River has the exception because to the Mission bridge it is considered tidal waters.
At times I also see anglers fishing for halibut with a bait attractant above their lure or bait. It would be an illegal setup if a hook was used to hold the attractant on the line. That also would be considered a second hook."
I think that clears everything up. A very prompt and helpful reply.