Coastal Fisheries Protection Regulations

Contents

1 #

[Repealed, SOR/2017-58, s. 42] (repealed)

2 #

In these Regulations,

Act means the Coastal Fisheries Protection Act; (Loi)

applicant means a person signing an application for a licence pursuant to section 6; (requérant)

CASPO Convention means the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean; (convention CPAPN)

crew means, in relation to a foreign fishing vessel, any person on board that vessel other than a protection officer, observer or other representative of the Government of Canada on board the vessel in the course of his duties; (membre de l’équipage)

Division 3L means Division 3L as described in paragraph 4(b) of Note A of Schedule III to the Atlantic Fishery Regulations, 1985; (division 3L)

Division 3M means Division 3M as described in paragraph 4(b) of Note A of Schedule III to the Atlantic Fishery Regulations, 1985; (division 3M)

Division 3N means Division 3N as described in paragraph 4(b) of Note A of Schedule III to the Atlantic Fishery Regulations, 1985; (division 3N)

Division 3NO means Division 3NO as described in section 3 of note B of Schedule III to the Atlantic Fishery Regulations, 1985; (division 3NO)

Division 3O means Division 3O as described in paragraph 4(b) of Note A of Schedule III to the Atlantic Fishery Regulations, 1985; (division 3O)

Fishing Zone 4, Fishing Zone 5 or Fishing Zone 6 means the area of the sea described as Fishing Zone 4, Fishing Zone 5 or Fishing Zone 6 in the Fishing Zones of Canada (Zones 4 and 5) Order and the Fishing Zones of Canada (Zone 6) Order; (Zone de pêche 4, Zone de pêche 5, Zone de pêche 6)

flag state of a foreign fishing vessel means the state in which the vessel is registered or, where the vessel is not registered, the state whose flag the vessel is entitled to fly; (État du pavillon)

International Code of Signals means the International Code of Signals published by the Department of Transport; (Code international de signaux)

licence means a licence issued pursuant to section 5; (licence)

master includes every person having command or charge of a fishing vessel but does not include a pilot; (capitaine)

NAFO means the Northwest Atlantic Fisheries Organization; (OPAN)

NAFO Convention means the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries; (Convention de l’OPAN)

NAFO Measures means the Conservation and Enforcement Measures adopted by NAFO; (mesures de l’OPAN)

NPFC means the North Pacific Fisheries Commission established in accordance with the NPF Convention; (CPPN)

NPF Convention means the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean; (Convention PPN)

NPFC Convention Area means the area described in Part 1 of Schedule 2; (zone de la Convention de la CPPN)

NPFC Measures means the Active Conservation and Management Measures adopted by the NPFC; (mesures de la CPPN)

observer means a person who is designated as an observer by a Regional Director-General and is in possession of an identification card indicating that designation; (observateur)

permit [Repealed, SOR/85-527, s. 1]

pilot ladder means a pilot ladder as described in the Pilot Ladder Regulations; (échelle de pilote)

processing includes cleaning, filleting, tubing, icing, packing, canning, freezing, smoking, salting, cooking, pickling, drying, or preparing fish for market in any other manner; (traitement)

Regional Director-General means the Director-General of the Department of Fisheries and Oceans for the Pacific, Quebec, Gulf, Scotia-Fundy or Newfoundland Region, as may be appropriate; (Directeur général régional)

round weight means with respect to fish, the weight of whole unprocessed fish as it is taken from the water; (poids entier)

Signal L means the signal prescribed in the International Code of Signals to mean “You should stop your vessel instantly.”; (signal L)

Signal SQ 1 means the signal prescribed in the International Code of Signals to mean “You should stop or heave to, otherwise I shall open fire on you.”; (signal SQ 1)

Signal SQ 3 means the signal prescribed in the International Code of Signals to mean “You should stop, or heave to; I am going to board you”.; (signal SQ 3)

sport fishing means fishing for pleasure and not for sale or barter; (pêche sportive)

Subarea has the same meaning as the Atlantic Fishery Regulations; (sous-zone)

WCPFC means the Western and Central Pacific Fisheries Commission established in accordance with the WCPF Convention; (CPPOC)

WCPF Convention means the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean; (Convention PPOC)

WCPFC Measures means the Conservation and Management Measures adopted by the WCPFC; (mesures de la CPPOC)

WCPFC Regulatory Area means the area described in Part 2 of Schedule 2. (zone de réglementation de la CPPOC)

^note

Prescribed Response Period

3 #

For the purposes of subsections 7.6(4), 9(3), 16.01(2) and 16.2(3) of the Act, the prescribed period is three working days.^note

Fisheries Management Organization

4 #

The following fisheries management organizations are prescribed for the purpose of paragraphs 5.6(1)(b) and (2)(b) of the Act:

(a)the Indian Ocean Tuna Commission;

(b)the Commission for the Conservation of Southern Bluefin Tuna;

(c)the General Fisheries Commission for the Mediterranean;

(d)the North-East Atlantic Fisheries Commission;

(e)the South Pacific Regional Fisheries Management Organization;

(f)the South East Atlantic Fisheries Organization; and

(g)the Southern Indian Ocean Fisheries Agreement.

^note

Licences

5 #

(1)The Minister may, on receipt of an application for a licence, issue a licence authorizing

(a)a foreign fishing vessel and its crew to enter Canadian fisheries waters for any of the following purposes:

(i)to engage in commercial fishing,

(ii)to tranship or take on board any fish, outfit or supplies while at sea,

(iii)to process fish at sea,

(iv)to transport fish from fishing grounds,

(v)to provision, service, repair or maintain any other foreign fishing vessel while at sea,

(vi)to purchase or obtain bait, outfits or supplies at a Canadian port,

(vii)to effect repairs at a Canadian port,

(viii)to purchase, load, unload, transship, sell or process fish or fish products at a Canadian port,

(ix)to unload, land, re-embark or tranship at a Canadian port any equipment of that vessel or of any other fishing vessel of the same flag state,

(x)to grant shore leave to the crew of that vessel at a Canadian port, and

(xi)to discharge or take on board at a Canadian port a member of the crew of that vessel or of any other fishing vessel of the same flag state;

(b)a foreign fishing vessel and its crew to pass through any of the following Canadian fisheries waters during the course of a voyage to a destination outside Canadian fisheries waters, namely,

(i)the waters between Vancouver Island and the mainland of British Columbia bounded on the south by the 49th parallel of latitude and bounded on the north by a straight line from Cape Sutil on the northern end of Vancouver Island to Cape Caution on the mainland of British Columbia,

(ii)Fitz Hugh Sound bounded on the south by a straight line from Cape Calvert on Calvert Island to Cape Caution on the mainland of British Columbia and bounded on the north by a straight line from Carpenter Point on Hunter Island to Bernhardt Point on King Island,

(iii)Finlayson Channel bounded on the south by a straight line from Jorkins Point on Swindle Island to Keith Point on Dowager Island and bounded on the north by a straight line from Ohio Rock off Sarah Island to Finlayson Head on the mainland of British Columbia,

(iv)Laredo Channel bounded on the south by a straight line from Tildesley Point on Aristazabal Island to Dallain Point on Princess Royal Island and bounded on the north by a straight line from Ulric Point on Aristazabal Island to McPhee Point on Princess Royal Island,

(v)Princess Royal Channel bounded on the south by a straight line from Quarry Point on Princess Royal Island to Netherby Point on the mainland of British Columbia and bounded on the north by a straight line from Nelly Point on Princess Royal Island to Point Cumming on Gribbell Island,

(vi)Principe Channel bounded on the south by a straight line from Deer Point on Banks Island to Ring Point on Pitt Island and bounded on the north by a straight line true west from Keswar Point on McCauley Island to the shore of Banks Island, and

(vii)Grenville Channel bounded on the south by a straight line from Yolk Point on Farrant Island to Sainty Point on the mainland of British Columbia and bounded on the north by a straight line from Rippon Point on Pitt Island to Buckley Point on the mainland of British Columbia; and

(c)a foreign fishing vessel and its crew to enter Canadian fisheries waters to engage in fishing for purposes of scientific research or any activity described in any of subparagraphs (a)(ii) to (xi) or subsection (1.1) that relates to the scientific research.

(1.1)The Minister may, on receipt of an application for a licence, issue a licence authorizing a foreign fishing vessel and its crew to enter Canadian fisheries waters for any of the following purposes:

(a)to provide supplies to a Canadian fishing vessel or a foreign fishing vessel while it is at sea; and

(b)for the purpose described in paragraph (a), to purchase supplies at a Canadian port.

(1.11)The Minister shall not issue a licence under paragraph (1)(a) or subsection (1.1) unless the Minister determines that the Government of Canada has favourable fisheries relations with the government of the vessel’s flag state and, if the licence relates to a specific fishery, that the Government of Canada has favourable fisheries relations with the government of the vessel’s flag state with respect to that fishery.

(1.12)The Minister shall not issue a licence under paragraph (1)(a) or subsection (1.1) if there are reasonable grounds to believe that

(a)the vessel is not licensed or otherwise authorized by its flag state to engage in fisheries activities;

(b)the vessel is not in compliance with relevant conservation and management measures;

(c)the vessel is providing supplies to a foreign fishing vessel that is not in compliance with relevant conservation and management measures;

(d)the proposed activity is not compatible with or will undermine relevant conservation and management measures; or

(e)the proposed activity is not consistent with the sustainable use of fisheries resources or will contribute to excess harvesting or processing capacity.

(1.2)The Minister shall, on receipt of an application for a licence and in accordance with the Procès-Verbal applying the March 27, 1972 Agreement between Canada and France on their Mutual Fishing Relations, signed on December 2, 1994, issue a licence authorizing a French fishing vessel and its crew to enter Canadian fisheries waters for any of the purposes set out in that Procès-Verbal.

(1.3)The Minister shall, on receipt of an application for a licence and in accordance with the Treaty between the Government of Canada and the Government of the United States of America on Pacific Coast Albacore Tuna Vessels and Port Privileges, signed on May 26, 1981, issue a licence authorizing a United States fishing vessel and its crew to enter Canadian fisheries waters for any of the purposes set out in that Treaty.

(1.4)The Minister shall, on receipt of an application for a licence and in accordance with the Convention between Canada and the United States of America for the Extension of Port Privileges to Halibut Fishing Vessels on the Pacific Coasts of the United States of America and Canada, signed on March 24, 1950, issue a licence authorizing a United States fishing vessel and its crew to enter Canadian fisheries waters for any of the purposes set out in that Convention.

(1.5)The Minister may refuse to issue a licence referred to in any of subsections (1.2) to (1.4) if he or she determines that one of the circumstances set out in paragraphs (1.12)(a) to (e) applies and that the flag state has taken insufficient measures to remedy the situation.

(1.6)[Repealed, SOR/99-474, s. 1] (repealed)

(2)The fees payable for a licence issued pursuant to this section are as set out in Schedule I.

(3)The licence fees for foreign fishing vessels shall be paid within 45 days from the date of billing.

(4)The Minister may, at the request of the master of a foreign fishing vessel that is in Canadian fisheries waters in the circumstances referred to in section 14 or 15, issue a licence authorizing that vessel and its crew to engage in all or any of the activities described in subparagraphs (1)(a)(vi) to (xi) and paragraph (1)(b).

Order Made by Flag State

5.1 #

(1)The Minister may, further to an order made by the flag state, issue a permit authorizing a foreign fishing vessel and its crew to enter Canadian fisheries waters for the purpose of verifying compliance with a law, measure or treaty referred to in subparagraph 6(a)(iii) of the Act.

(2)If the Minister issues a permit under subsection (1), he or she must advise both the flag state and the foreign fishing vessel and inform them of the permit’s conditions.

^note

Application for Licence

6 #

(1)Subject to subsection (3), the representative of the flag state of a foreign fishing vessel mentioned in paragraph 7(f) may apply for a licence referred to in section 5 in respect of that vessel and its crew by filing an application, signed by the representative, at the regional headquarters of the Department of Fisheries and Oceans responsible for issuing such licences for that flag state.

(2)An application referred to in subsection (1) shall be filed not less than 30 days prior to the first day on which the licence is required except that the Minister may, in order to prevent hardship, accept an application at any time.

(3)Where an application for a licence is in respect of a foreign fishing vessel that is under a charter to

(a)an individual resident and domiciled in Canada,

(b)a corporation incorporated under the laws of Canada or a province, or

(c)Her Majesty in right of Canada or a province,

the application shall be signed by the charterer who shall, in respect of that vessel, be regarded as the representative designated pursuant to paragraph 7(f).

7 #

The following information shall be furnished and forwarded with an application referred to in subsection 6(1) in respect of a foreign fishing vessel:

(a)the name and description of the vessel, its equipment and complement;

(b)the flag state and home port of the vessel;

(c)the name of the owner and master of the vessel and, where applicable, its charterer;

(d)the side number of the vessel, its radio frequencies and call sign;

(e)a description of the proposed purpose and the period for which the licence is required;

(f)the name and address of a person resident in Canada having a permanent office or establishment in Canada who is authorized by the flag state to represent that flag state for the purpose of providing liaison with the appropriate officials of the Government of Canada;

(f.1)in the case of an application for a licence referred to in paragraph 5(1)(a) or subsection 5(1.1), any information or document that is relevant to the matters referred to in paragraphs 5(1.12)(a) to (e);

(f.2)any information that is required by Annex A to the Port State Measures Agreement; and

(g)any information the Minister considers necessary to clarify or complete the information furnished by the applicant.

^note

7.1 #

(1)An application for a licence may be made on behalf of pair trawlers and shall contain the information required by section 7 in respect of both vessels.

(2)Where a licence is issued in respect of pair trawlers, it shall be issued in respect of the vessel designated in the application as the command vessel and shall be carried on board that vessel.

^note

8 #

(1)Every licence shall

(a)apply only to the foreign fishing vessel described therein and where applicable to the crew of that vessel;

(b)be valid only for the period specified therein; and

(c)cease to be valid on any change in the flag state registry or ownership of the vessel described in the licence.

(2)[Repealed, SOR/85-527, s. 6] (repealed)

(3)The Minister may amend any provision in the licence on receipt of an application from the person referred to in paragraph 7(f) or, if an error has been made in the licence, on his or her own initiative.

(4)An application referred to in subsection (3) shall be filed not less than 14 days prior to the first day on which the amendment is required except that the Minister may, in order to prevent hardship, accept an application at any time.

(5)An amendment referred to in subsection (3) is not binding on the master of the vessel to which the licence applies until it is received by the representative in Canada designated pursuant to paragraph 7(f).

(6)The fees payable for amendment of a licence issued pursuant to subsection (3) are set out in Schedule I.

9 #

(1)Subject to subsection (2), every licence shall be kept on board the foreign fishing vessel described in the licence while that vessel is in Canadian fisheries waters and shall be produced for examination by a protection officer at his request.

(2)Where a licence has been issued but not delivered, a Regional Director-General shall authorize the foreign fishing vessel described in the licence to enter Canadian fisheries waters and proceed directly to the Canadian port designated by him for the purpose of obtaining the licence if

(a)all fishing gear on board the vessel is stowed below deck or otherwise removed from the place where it is normally used for fishing and placed where it is not readily available for fishing; and

(b)the master of the vessel complies with any direction given to him by a protection officer.

10 #

[Repealed, SOR/79-713, s. 7] (repealed)

Terms and Conditions of a Licence or Permit

11 #

(1)Every licence or permit in respect of a foreign fishing vessel is subject to the following terms and conditions:

(a)[Repealed, SOR/85-527, s. 8] (repealed)

(b)the vessel and its crew shall engage only in the activities that are authorized by the licence or permit;

(c)the activities authorized by the licence or permit shall be carried out only at the times and in the areas of Canadian fisheries waters or ports specified in the licence or permit;

(d)where fishing is authorized by the licence

(i)the crew of the vessel shall fish only for a species of fish specified in the licence,

(ii)the crew of the vessel shall not catch and retain any fish of a species, size or age specified in the licence as prohibited catch and any prohibited catch shall be returned to the water, alive if possible,

(iii) and (iv)[Repealed, SOR/79-713, s. 8] (repealed)

(v)the crew of the vessel shall fish only by means of fishing equipment and gear of a type specified in the licence, and

(vi)if a quantity of gear and equipment is specified in the licence, the crew of the vessel shall not fish with a quantity of gear and equipment that exceeds that specified quantity;

(e)where the transporting of fish from fishing grounds is authorized by the licence

(i)only the species and quantities of fish specified in the licence shall be taken on board the vessel for that purpose,

(ii)the fish may be taken on board only from vessels of a class specified in the licence, and

(iii)the master of the vessel shall cause written records to be maintained on a daily basis of the fish taken on board the vessel for transportation;

(f) and (g)[Repealed, SOR/85-527, s. 8] (repealed)

(h)the vessel shall have on board at all times during the period it is in Canadian fisheries waters equipment and gear, including communications equipment, described in the licence or permit as “required equipment”;

(i)[Repealed, SOR/85-527, s. 8] (repealed)

(j)[Repealed, SOR/82-289, s. 1] (repealed)

(k) and (l)[Repealed, SOR/85-527, s. 8] (repealed)

(m)where the Minister requests the flag state of the vessel to carry out, from time to time, a program of sampling, observation or research in connection with fisheries in Canadian fisheries waters, the master shall comply with instructions issued to him by the authorized officials of that flag state in respect of that program;

(n) to (t)[Repealed, SOR/85-527, s. 8] (repealed)

(u)the master or crew of the vessel shall not carry out any activity in any area of Canadian fisheries waters that is contrary to the Fisheries Act or regulations made under that Act.

(2)The master of a foreign vessel in respect of which a licence or permit has been issued shall not contravene or fail to comply with any condition of that licence or permit.

11.1 #

[Repealed, SOR/85-527, s. 9] (repealed)

Requirements of the Masters of Foreign Fishing Vessels

12 #

(1)The master of a foreign fishing vessel operating under the authority of a licence shall

(a)at least 24 hours or such shorter period as may be approved by the Regional Director-General prior to the entry of that vessel into Canadian fisheries waters notify the Regional Director-General designated in the licence of

(i)the estimated time of entry of the vessel into such waters,

(ii)the location of such entry,

(iii)the approximate schedule of activities to be conducted while in such waters, and

(iv)the quantity in metric tons of fish by species and product form on board the vessel;

(b)when authorized by the licence to enter a Canadian port, notify the Regional Director-General of the estimated time of entry into and departure from that port not less than 24 hours prior to those estimated times;

(c)where the vessel is in Canadian fisheries waters, notify the Regional Director-General of the estimated time of departure from such waters not less than 72 hours prior to that estimated time or such shorter period as may be approved by the Regional Director-General;

(d)where the vessel is in an area of Canadian fisheries waters and is not authorized by the licence to engage in fishing at that time in that area, ensure that all fishing gear on board the vessel is stored below deck or otherwise removed from the place where it is normally used for fishing and placed where it is not readily available for fishing;

(e)permit, when requested by the Regional Director-General, observers to go on board and remain on board the vessel at a time and for a period specified in the request for the purposes of recording scientific data, making observations and taking samples;

(f)embark or disembark the observers at a time and place specified in a request made under paragraph (e);

(g)take all reasonable precautions to ensure the safety of any protection officer or observer boarding or leaving the vessel at sea including the observance of practices of good seamanship and, where necessary, the placing of a pilot ladder over the side of the vessel;

(h)where a protection officer or an observer is on board the vessel and remains on board the vessel for a period of more than four consecutive hours, provide the protection officer or observer with food and accommodation equivalent to that received by officers of the vessel;

(i)provide all reasonable assistance in his power to enable a protection officer or an observer on board the vessel to carry out his duties and in particular, but without restricting the generality of the foregoing, shall

(i)provide him with a suitable work area including a table and sufficient lighting to carry out his work,

(ii)provide him with access to the vessel records and logs pertaining to its fishing activities,

(iii)provide him, on request, with the position of the vessel in latitude and longitude,

(iv)send and receive messages on his behalf by means of the communications equipment on board the vessel,

(v)provide him with access to all areas of the vessel involved in the fishing, processing and storage operations,

(vi)permit him to take samples and provide him with all reasonable assistance in his doing so,

(vii)provide him with suitable storage facilities for his samples,

(viii)permit him to examine and measure any fishing gear on board the vessel and provide him with all reasonable assistance in his doing so,

(ix)permit him to take photographs of the fisheries operations, including fishing gear and equipment, and

(x)permit him to remove from the vessel samples, information, photographs or film taken or made during his time on board the vessel;

(j)where supplied with a log book requiring the recording of the fishing activities, catch, production and transfer of fish and fish products in accordance with the instructions contained in that log book

(i)fully and accurately complete that log book on a daily basis, and

(ii)provide the Regional Director-General with a copy of the information entered in that log book;

(k)send the original of the log book required to be completed under paragraph (j)

(i)upon request, to a protection officer or a Regional Director-General as soon as the request is made, or

(ii)where a request has not been made under subparagraph (i), to the Regional Director-General designated in the licence not later than 60 days after the expiration date of the licence;

(l)cause reports to be made containing the information specified, at the times specified, to the persons specified and by the means specified in the licence;

(m)while in Canadian fisheries waters, at the request of a Regional Director-General or a protection officer proceed forthwith to the place at sea or the port specified in the request for the purpose of inspection; and

(n)ensure that the vessel at all times while in Canadian fisheries waters is flying the flag of its flag state.

(2)The master of a foreign fishing vessel in respect of which a licence has been issued shall not operate that vessel for fishing or cause it to be operated for fishing unless the side number specified in the licence is painted on the vessel or affixed permanently to the vessel by some other means and

(a)is legible and visible from an aircraft in flight, another vessel or the shore;

(b)is in solid block Arabic numerals without ornamentation;

(c)is white on a black background or black on a white background;

(d)is in alignment and in a horizontal line; and

12.1 #

(1)Subject to subsection (3), the master of a foreign fishing vessel entering Canadian fisheries waters shall, as soon as is reasonably possible, notify a protection officer or Regional Director-General of the name, flag state, location, route and destination of the vessel and of the circumstances under which it entered Canadian fisheries waters.

(2)Subject to subsection (3), the master of a foreign fishing vessel that has entered Canadian fisheries waters shall, while in those waters,

(a)ensure that all fishing gear on board the vessel is stowed below deck or otherwise removed from the place where it is normally used for fishing and placed where it is not readily available for fishing; and

(b)at the request of a protection officer, proceed to a location indicated by the officer for the purpose of carrying out an inspection of the vessel.

(3)Subsections (1) and (2) do not apply to a foreign fishing vessel in respect of which a licence has been issued under these Regulations or a United States sport fishing vessel authorized to enter Canadian fisheries waters pursuant to section 16.

^note

Authorization for Canadian Fishing Vessels to Land Fish Received from Foreign Vessels

13 #

The Minister may, at the request of the owner or master of a Canadian fishing vessel, issue a licence authorizing the master to bring into Canadian fisheries waters fish, of a species and quantity specified in the licence, received outside Canadian fisheries waters from a foreign fishing vessel.^note

Importation

13.01 #

For the purposes of sections 13.02 to 13.06, meat means any part of the fish except the head, eyes, roe, guts, bones and tail.^note

13.02 #

(1)For the purpose of subsection 5.6(3) of the Act, any of the following fish that is subject to measures established by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and that is imported must be accompanied by:

(a)in the case of Atlantic bluefin tuna, a catch document or re-export certificate, as the case may be, that complies with the ICCAT Bluefin Tuna Catch Documentation Program that is current at the time that the fish are caught;

(b)in the case of Atlantic bigeye tuna, a statistical document or a re-export certificate, as the case may be, that complies with the ICCAT Bigeye Tuna Statistical Document Program that is current at the time that the fish are caught; or

(c)in the case of Atlantic swordfish meat, a statistical document or a re-export certificate, as the case may be, that complies with the ICCAT Swordfish Statistical Document Program that is current at the time that the fish are caught.

(2)The documents referred to in paragraph (1)(b) are not required in the case of Atlantic bigeye tuna that was caught by purse seiners or pole and line bait vessels and is destined principally for a cannery located in Canada.

^note

13.03 #

For the purpose of subsection 5.6(3) of the Act, any importation of Patagonian toothfish or Antarctic toothfish must be accompanied by a catch document or a re-export certificate, as the case may be, that complies with the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) Catch Documentation Scheme for Dissostichus spp. that is current at the time that the fish are caught.^note

13.04 #

For the purpose of subsection 5.6(3) of the Act, any importation of eastern Pacific bigeye tuna meat must be accompanied by a statistical document or a re-export certificate, as the case may be, that complies with the Inter-American Tropical Tuna Commission (IATTC) Bigeye Tuna Statistical Document Program that is current at the time that the fish are caught.^note

13.05 #

For the purpose of subsection 5.6(3) of the Act, any importation of southern bluefin tuna meat must be accompanied by a catch monitoring form or a re-export or export after landing of domestic product form, as the case may be, that complies with the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) Catch Documentation Scheme that is current at the time that the fish are caught.^note

13.06 #

(1)For the purpose of subsection 5.6(3) of the Act, any importation of Indian Ocean bigeye tuna meat must be accompanied by a statistical document or a re-export certificate, as the case may be, that complies with the Indian Ocean Tuna Commission (IOTC) Bigeye Tuna Statistical Document Programme that is current at the time that the fish are caught.

(2)The documents referred to in subsection (1) are not required in the case of Indian Ocean bigeye tuna that was caught by purse seiners or pole and line bait vessels and is destined principally for a cannery located in Canada.

^note

Suspension or Cancellation of Licences and Permits

13.1 #

(1)The Minister may suspend or cancel any licence or permit.

(2)Where a licence or permit has been suspended or cancelled pursuant to subsection (1), the Minister

(a)shall, if requested, furnish reasons for the cancellation or suspension to the consular or the diplomatic authorities of the flag state of the foreign fishing vessel described in the licence or permit or the representative in Canada designated pursuant to paragraph 7(f);

(b)shall consider any written representation made with respect to the suspension or cancellation by or on behalf of the owner of the vessel; and

(c)may rescind the suspension or cancellation.

^note

Authorized Entry

14 #

A foreign fishing vessel may, without the authority of a licence, enter Canadian fisheries waters for the purpose of

(a)where the vessel is in distress, ensuring the safety of the vessel and its crew;

(b)rendering assistance to a vessel described in paragraph (a); or

(c)obtaining emergency medical assistance for a member of the crew at a Canadian port.

^note

15 #

A foreign fishing vessel may, without the authority of a licence, enter the territorial sea of Canada or Fishing Zone 4, Fishing Zone 5 or Fishing Zone 6 for the purpose of passing through such waters during the course of a voyage to a destination outside Canadian fisheries waters.^note

16 #

Subject to the Fisheries Act and Regulations made thereunder, a United States sport fishing vessel and its crew may, without a licence, enter Canadian fisheries waters for the purpose of sport fishing and while in Canadian fisheries waters carry out the activities described in subparagraphs 5(1)(a)(vi), (vii) and (x).^note

17 #

[Repealed, SOR/94-444, s. 2] (repealed)

Signals

18 #

For the purposes of the Act and these Regulations, the signal requiring a fishing vessel to bring to is Signal L.^note

18.1 #

When a protection officer on board an inspection vessel intends to board a fishing vessel of a state party to the Fish Stocks Agreement, the signal to be used by the inspection vessel is Signal SQ 3.^note

19 #

Where a protection officer or an observer on board a government vessel intends to board a fishing vessel at sea, the signal to be used by the government vessel is Signal SQ 3.^note

19.1 #

For the purposes of the Act and these Regulations, the flying by a vessel of a pennant in the shape, size and colours set out in Schedule III identifies that vessel as a government vessel.^note

19.2 #

The following methods of signalling may be used to send signals to fishing vessels:

(a)flag signalling using alphabetical flags;

(b)flashing light signalling using Morse symbols;

(c)sound signalling using Morse symbols;

(d)Morse signalling using hand-flags or arms;

(e)voice with or without using loud hailer;

(f)radiotelegraphy; and

(g)radiotelephony.

^note

Use of Force

19.3 #

A protection officer may use force under section 8.1 of the Act to arrest the master or other person in command of a foreign fishing vessel for the commission of an offence under section 3, paragraph 4(1)(a), section 5.2 or 5.5 or subparagraph 17(1)(a)(ii) of the Act.^note

19.4 #

Before using force referred to in section 19.3, a protection officer shall

(a)consider all less violent means reasonable in the circumstances to have the foreign fishing vessel bring to, including

(i)interrupting the fishing operations of the vessel, including cutting the warps of a trawl net being towed by the vessel, and

(ii)boarding the vessel; and

(b)be satisfied that the foreign fishing vessel cannot be made to bring to by those means.

^note

19.5 #

A protection officer who has met the requirements of section 19.4 shall, before using force referred to in section 19.3,

(a)fire a warning shot or, if the protection officer considers it advisable, a series of warning shots in the vicinity of the foreign fishing vessel but at a safe distance and give the master or other person on board a reasonable opportunity to bring to; and

(b)signal the foreign fishing vessel by Signal SQ 1 and give the master or other person on board a reasonable opportunity to bring to.

^note

Return of Prohibited Species

20 #

The master of a foreign fishing vessel in respect of which a licence has been issued shall, if any fish of a species, size or age specified in the licence as prohibited catch is caught from the vessel, cause that fish to be immediately returned to the water in a manner that causes the least possible harm to that fish.^note

Fishing by Foreign Fishing Vessels in the NAFO Regulatory Area

21 #

(1)[Repealed, SOR/99-313, s. 3] (repealed)

(2)For the purposes of section 5.2 of the Act,

(a)straddling stocks are,

(i)in Division 3L, Division 3N and Division 3O, the stocks of fish set out in Table I to this section, and

(ii)in Division 3M, the stocks of fish set out in Table II to this section;

(b)the following classes of foreign fishing vessels are prescribed classes, namely

(i)[Repealed, SOR/99-313, s. 3] (repealed)

(ii)foreign fishing vessels that fly the flag of any state set out in Table III to this section, and

(iii)foreign fishing vessels that fly the flag of any state set out in Table IV to this section;

(c)in respect of a foreign fishing vessel of a class prescribed by subparagraph (b)(ii), prohibitions against fishing for the straddling stocks set out in Table I or II to this section, against preparing to fish for those straddling stocks and against catching and retaining those straddling stocks are hereby prescribed as conservation and management measures; and

(d)in respect of a foreign fishing vessel of a class prescribed by subparagraph (b)(iii), the measures set out in Table V to this section are prescribed conservation and management measures.

States Party to the Fish Stocks Agreement

22 #

The foreign states and organizations of foreign states set out in Schedule IV are states party to the Fish Stocks Agreement.^note

Implementation of the Fish Stocks Agreement

Northwest Atlantic Fisheries Organization

23 #

(1)The NAFO Regulatory Area is an area of the sea designated for the purposes of section 5.3 of the Act.

(2)The NAFO Regulatory Area is an area of the sea designated for the purposes of section 5.5 of the Act.

24 #

(1)A fishing vessel of a state party to the Fish Stocks Agreement may fish in the NAFO Regulatory Area for fish of a stock set out in Annex I.A or I.B of the NAFO Measures only if the state party to the Fish Stocks Agreement is a party to the NAFO Convention.

(2)Despite subsection (1), a fishing vessel of a state party to the Fish Stocks Agreement that is not a party to the NAFO Convention may fish in the NAFO Regulatory Area for the fish referred to in that subsection if the fishing is done under an arrangement that is expressly contemplated by the NAFO Measures and in a manner that complies with this arrangement and the NAFO measures.

Western and Central Pacific Fisheries Commission

25 #

(1)The WCPFC Regulatory Area is an area of the sea designated for the purposes of section 5.3 of the Act.

(2)The WCPFC Regulatory Area is an area of the sea designated for the purposes of section 5.5 of the Act.

26 #

(1)A fishing vessel of a state party to the Fish Stocks Agreement may fish in the WCPFC Regulatory Area for fish of a stock regulated by the WCPFC Measures only if the state is a party to the WCPF Convention.

(2)Despite subsection (1), a fishing vessel of a state party to the Fish Stocks Agreement that is not a party to the WCPF Convention may fish in the WCPFC Regulatory Area for the fish referred to in subsection (1) if the fishing is done under an arrangement that is expressly contemplated by the WCPFC Measures and in a manner that complies with that arrangement and the WCPFC Measures.

26.1 #

[Repealed, SOR/2014-149, s. 6] (repealed)

North Pacific Fisheries Commission

27 #

(1)The NPFC Convention Area is an area of the sea designated for the purposes of section 5.3 of the Act.

(2)The NPFC Convention Area is an area of the sea designated for the purposes of section 5.5 of the Act.

28 #

(1)A fishing vessel of a state party to the Fish Stocks Agreement may fish in the NPFC Convention Area for fish of a stock regulated by the NPFC Measures only if the state is a party to the NPF Convention.

(2)Despite subsection (1), a fishing vessel of a state party to the Fish Stocks Agreement that is not a party to the NPF Convention may fish in the NPFC Convention Area for the fish referred to in subsection (1) if the fishing is done under an arrangement that is expressly contemplated by the NPFC Measures and in a manner that complies with that arrangement and the NPFC Measures.

28.1 #

[Repealed, SOR/2014-149, s. 6] (repealed)

29 #

[Repealed, SOR/2014-149, s. 6] (repealed)

30 #

[Repealed, SOR/2014-149, s. 6] (repealed)

31 #

[Repealed, SOR/2014-149, s. 6] (repealed)

31.1 #

[Repealed, SOR/2014-149, s. 6] (repealed)

32 #

[Repealed, SOR/2014-149, s. 6] (repealed)

33 #

[Repealed, SOR/2014-149, s. 6] (repealed)

34 #

[Repealed, SOR/2014-149, s. 6] (repealed)

35 #

[Repealed, SOR/2014-149, s. 6] (repealed)

36 #

[Repealed, SOR/2014-149, s. 6] (repealed)

37 #

[Repealed, SOR/2014-149, s. 6] (repealed)

37.1 #

[Repealed, SOR/2014-149, s. 6] (repealed)

38 #

[Repealed, SOR/2014-149, s. 6] (repealed)

International Commission for the Conservation of Atlantic Tunas

39 #

(1)All waters of the Atlantic Ocean and its adjacent seas beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as areas of the sea regulated by the International Commission for the Conservation of Atlantic Tunas for the purposes of section 5.3 of the Act.

(2)All waters of the Atlantic Ocean and its adjacent seas beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as areas of the sea regulated by the International Commission for the Conservation of Atlantic Tunas for the purposes of paragraph 5.5(a) of the Act.

40 #

No fishing vessel of a state party to the Fish Stocks Agreement that is fishing in the waters referred to in subsection 39(1) shall have on board a bluefin tuna that weighs less than 3.2 kg.^note

41 #

Sections 24, 26, 28 and 40 are designated as regulatory provisions whose contravention is prohibited under paragraph 5.3(a) of the Act.^note

Enforcement Action in Respect of Canadian Fishing Vessels

42 #

The Minister may authorize a state party to the Fish Stocks Agreement to take enforcement action in respect of a Canadian fishing vessel if there are reasonable grounds to believe the fishing vessel has contravened any measure established by the International Commission for the Conservation of Atlantic Tunas for the conservation or management of a highly migratory fish stock set out in the table to this section.Item | Species1 | Yellowfin tuna (Thunnus albacares)2 | Skipjack tuna (Euthynnus pelamis)3 | Bluefin tuna (Thunnus thynnus)4 | Albacore tuna (Thunnus alalunga)5 | Bigeye tuna (Thunnus obesus)6 | Bonito tuna (Sarda sarda)7 | Sailfish (Istiophorus albicans)8 | Blue marlin (Makaira nigricans)9 | White marlin (Tetrapturus albidus)10 | Longbill spearfish (Tetrapturus pfluegeri)^note

Implementation of the CASPO Convention

43 #

(1)The waters of the North Pacific Ocean and its adjacent seas north of 33° N. latitude beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as an area of the sea regulated by the CASPO Convention for the purposes of section 5.4 of the Act.

(2)The waters of the North Pacific Ocean and its adjacent seas north of 33° N. latitude beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as an area of the sea regulated by the CASPO Convention for the purposes of paragraph 5.5(b) of the Act.

44 #

(1)No fishing vessel of a state that is a party to the CASPO Convention shall

(a)engage in directed fishing for anadromous fish in the waters referred to in subsection 43(1); or

(b)retain any anadromous fish taken as an incidental taking while fishing for non-anadromous fish in the waters referred to in subsection 43(1).

(2)Subsection (1) does not apply to fishing for scientific research purposes in accordance with Article VII of the CASPO Convention.

(3)Subsection (1) is hereby designated as a regulation the contravention of which is prohibited under section 5.4 of the Act.

45 #

A protection officer may, in enforcing section 44, exercise the powers referred to in section 16.1 of the Act to the extent that they are consistent with the CASPO Convention.^note

46 #

The Minister may authorize a state that is a party to the CASPO Convention to take enforcement action in respect of a Canadian fishing vessel if there are reasonable grounds to believe that the fishing vessel contravened any measure referred to in section 44.^note

Implementation of the NAFO Measures

46.1 #

(1)A protection officer who is acting in the performance of their duties in relation to the NAFO Convention may exercise the enforcement powers set out in the NAFO Measures in the NAFO Regulatory Area with respect to

(a)a foreign fishing vessel of a state party to the NAFO Convention;

(b)a foreign fishing vessel that is authorized to fish in that Area under an arrangement that is expressly contemplated by the NAFO Measures; or

(c)any other foreign fishing vessel, except a foreign fishing vessel of a state that is set out in Table III or IV to section 21, if the master of the vessel consents to the protection officer exercising those enforcement powers.

(2)The protection officer may exercise those enforcement powers in Canadian fisheries waters with respect to a foreign fishing vessel referred to in paragraph (1)(a) or (b).

(3)The protection officer may detain fish unloaded in port from a foreign fishing vessel referred to in paragraph (1)(a) until the officer has received, from the flag state, the form or forms set out in Annex II.L of the NAFO Measures.

^note

Implementation of the WCPFC Measures

46.2 #

(1)A protection officer who is acting in the performance of their duties in relation to the WCPF Convention may exercise the enforcement powers set out in the WCPFC Measures in the WCPFC Regulatory Area with respect to

(a)a foreign fishing vessel of a state party to the WCPF Convention;

(b)a foreign fishing vessel that is authorized to fish in that Area under an arrangement that is expressly contemplated by the WCPFC Measures; or

(c)any other foreign fishing vessel, if the master of the vessel consents to the protection officer exercising those enforcement powers.

(2)The protection officer may exercise those enforcement powers in Canadian fisheries waters with respect to a foreign fishing vessel referred to in paragraph (1)(a) or (b).

^note

Implementation of the NPFC Measures

46.3 #

(1)A protection officer who is acting in the performance of their duties in relation to the NPF Convention may exercise the enforcement powers set out in the NPFC Measures in the NPFC Convention Area with respect to

(a)a foreign fishing vessel of a state party to the NPF Convention;

(b)a foreign fishing vessel that is authorized to fish in that Area under an arrangement that is expressly contemplated by the NPFC Measures; or

(c)any other foreign fishing vessel, if the master of the vessel consents to the protection officer exercising those enforcement powers.

(2)The protection officer may exercise those enforcement powers in Canadian fisheries waters with respect to a foreign fishing vessel referred to in paragraph (1)(a) or (b).

^note

Recovery of Costs

47 #

If a fishing vessel of a state party to the Fish Stocks Agreement is seized and, following a further investigation in port, the protection officer continues to have reasonable grounds to believe that an offence has been committed under section 24 or 40, Her Majesty in right of Canada may recover

(a)any reasonable costs incurred for berthage of the fishing vessel;

(b)any reasonable costs incurred for the security and maintenance of the fishing vessel; and

(c)any reasonable costs incurred for the repatriation of the crew of the fishing vessel.

^note

Serving or Giving of Documents

48 #

In any proceeding against a fishing vessel in respect of an offence under any of sections 5.3 to 5.5 of the Act, a notice, statement, summons or other document may be given or served

(a)personally to a person who appears to be in charge of the fishing vessel;

(b)by mailing the document to the agent for the fishing vessel; or

(c)by posting the document in a conspicuous location on the fishing vessel.

^note

Schedule I · Licence Fees for Foreign Fishing Vessels (Subsections 5(2) and 8(6))

Item | Column I | Column II | Column IIIVessels | Licence Fee | Fee for Amendment1 | All vessels not otherwise provided for in this Schedule in Canadian fisheries waters of the Atlantic Ocean other than Subarea 0. | $3.77 per ton, gross tonnage and(a)$0.46 per ton, gross tonnage, per day on ground when licensed for any species other than cod, squid and tuna,(b)$0.63 per ton, gross tonnage, per day on ground when licensed for cod,(c)$0.39 per ton, gross tonnage, per day on ground when licensed for squid. | $5942 | All vessels not otherwise provided for in this Schedule in Canadian fisheries waters of the Pacific Ocean. | $3.77 per ton, gross tonnage, and $0.46 per ton, gross tonnage, per day when fishing. | 5943 | Vessels, other than vessels of the United States, fishing for tuna in any Canadian fisheries waters. | $9,889 per vessel. | $5944 | Vessels of France registered in Saint-Pierre-et-Miquelon, in Divisions 4R, 4S, Subdivisions 3Pn or 4Vn. | $0.23 per ton, gross tonnage, per day on ground when fishing. | 5285 | Vessels of the United States in any Canadian fisheries waters. | Nil | Nil6 | Vessels of flag states that are not members of the European Economic Community other than the United States in Canadian fisheries waters in Subarea 0 in respect of which | | (a)a licence to fish has not been issued in respect of Canadian fisheries waters not in Subarea 0. | (a)$2,473 and $3.77 per ton, gross tonnage. | (a) 594(b)a licence to fish has been issued in respect of Canadian fisheries waters not in Subarea 0. | (b)$2,473 | (b) 5947 | Vessels of flag states that are members of the European Economic Community in Canadian fisheries waters in Subarea 0. | Nil | Nil8 | Scientific and research vessels engaged in fisheries research of material benefit to Canada or the United States. | Nil | Nil9 | Vessels engaged in developmental arrangements of material benefit to Canada. | Nil | Nil10 | Vessels authorized to load, unload or transship fish or fish products at a Canadian port. | Nil | NilNOTE: In this part day on ground means any day during which a foreign fishing vessel has its licence on board and that vessel is in Canadian fisheries waters but does not include a day during which that vessel(a) is in a Canadian port;(b) transits to a Canadian port as a result of a medical emergency;(c) embarks or disembarks observers upon request of a Regional Director-General;(d) proceeds to a specified position for the purpose of an inspection upon request of a Regional Director-General or a protection officer;(e) enters Canadian fisheries waters after 2300 Greenwich mean time;(f) leaves Canadian fisheries waters prior to 0100 Greenwich mean time; or(g) is under seizure by a protection officer.[Repealed, SOR/86-939, s. 5] | Column I | Column II | Column IIIItem | Vessels | Licence Fee | Amendment Fee1 | Vessels of any flag state | Nil | NilExemption from Amendment Fees1 No fee shall be charged for an amendment to a licence where the amendment results from any of the following circumstances:(a) non-arrival of a vessel into Canadian fisheries waters due to extenuating circumstances;(b) early or late arrival of a vessel into Canadian fisheries waters within 14 days of the originally requested starting date on the initial entry of that vessel each year;(c) sea accident while in Canadian fisheries waters affecting ship safety;(d) allocations of quotas after the issuing of the licence;(e) closure of a fishery on scientific advice for the conservation of fish stocks;(f) port visits for less than 24 hours for other than routine reasons;(g) port visits for emergency vessel repairs related to ship safety;(h) port visits for less than 24 hours for the embarkation or disembarkation of an observer;(i) entry of a vessel into a special project with a Canadian company where the project is of a material benefit to Canada;(j) loss of fishing days as a result of court action resulting in an acquittal; and(k) amendments initiated by the Minister of Fisheries and Oceans. | Column 1 | Column 2Item | Licence | Licence Fee1 | Authorizing the activity set out in paragraph 5(1)(b) of these Regulations | $1,500

Schedule 2 · Areas (Section 2)

NPFC Convention AreaThe part that is on the high seas of all waters of the North Pacific Ocean bounded to the south by a continuous line beginning at the seaward limit of waters under the jurisdiction of the United States around the Commonwealth of the Northern Mariana Islands at 20° north latitude, then proceeding east and connecting the following coordinates: 20°00′00″N, 180°00′00″E/W; 10°00′00″N, 180°00′00″E/W; 10°00′00″N, 140°00′00″W; 20°00′00″N, 140°00′00″W; and from there east to the seaward limit of waters under the fisheries jurisdiction of Mexico. That area excludes the high seas areas of the Bering Sea and other high seas areas that are surrounded by the exclusive economic zone of a single state.WCPFC Regulatory AreaThe part that is on the high seas of all waters of the Pacific Ocean bounded to the south and east by a line that extends from the south coast of Australia due south along the 141° meridian of east longitude to its intersection with the 55° parallel of south latitude, then due east along that parallel to its intersection with the 150° meridian of east longitude, then due south along that meridian to its intersection with the 60° parallel of south latitude, then due east along that parallel to its intersection with the 130° meridian of west longitude, then due north along that meridian to its intersection with the 4° parallel of south latitude, then due west along that parallel to its intersection with the 150° meridian of west longitude, then due north along that meridian.

Schedule III · (Section 19.1)

Schedule IV · (Section 22)

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