Foreign Vessel Fishing Regulations

Contents

1 #

[Repealed, SOR/2017-58, s. 2] (repealed)

2 #

(1)In these Regulations,

blackcod trap or blackcod pot [Revoked, SOR/82-771, s. 1]

Canadian fisheries waters [Revoked, SOR/93-62, s. 1]

cod-end means a bag-like extension attached to the after end of the belly of a trawl net and used to retain a catch; (cul de chalut)

Convention area has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (zone de la Convention)

Division has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (division)

finfish [Revoked, SOR/93-62, s. 1]

Fishing Zone 3 means the area of the sea described as such in the Fishing Zones of Canada (Zones 1, 2, and 3) Order; (zone de pêche 3)

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

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

Fishing Zone 6 means the area of the sea described as such in the Fishing Zones of Canada (Zone 6) Order; (Zone de pêche 6)

flag state means a state in which a foreign fishing vessel is registered and a state whose flag a foreign fishing vessel that is not registered in a state is entitled to fly; (État d’immatriculation)

foreign fishing vessel has the same meaning as in the Coastal Fisheries Protection Act; (bâtiment de pêche étranger)

incidental catch [Revoked, SOR/94-293, s. 1]

licence means a licence issued pursuant to the Coastal Fisheries Protection Regulations; (licence)

mesh size means in respect of netting

(a)in a trawl net, the average of the measurements of any 20 meshes made by inserting into the meshes a flat wedge-shaped gauge having a taper of 2 cm in 8 cm and a thickness of 2.3 mm with a weight of 5 kg attached, and

(b)in any other case, the distance between the extreme angles of a single mesh measured inside the knots after being stretched to form two parallel straight lines; (maillage)

midwater trawl means a trawl net that is designed so as not to come into contact with the sea-bed while in operation; (chalut pélagique)

purse seine net [Revoked, SOR/82-771, s. 1]

Regional Director-General [Revoked, SOR/93-62, s. 1]

sablefish trap or sablefish pot means a metal framed enclosure that is covered with netting or expanded metal and has one or more openings through which fish enter the enclosure; (trappe à morue charbonnière ou nasse à morue charbonnière)

set-line means a line that is anchored to the sea-bed and has a series of fish hooks attached; (palangre)

squid jigger means a lure that has attached a number of fish hooks arranged radially; (turlutte à calmar)

Statistical Area [Revoked, SOR/82-771, s. 1]

stock area, in respect of a species of fish set out in Column II of an item of Schedule VII, means the stock area set out in Column III of that item and, in respect of a species of fish set out in Column I of an item of Schedule X, means the stock area set out in Column II of that item; (zone de stock)

Subarea has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (sous-zone)

Subdivision has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (sous-division)

Sub-Zone means a Sub-Zone described in Schedule I; (sous-secteur)

trawl net means any large bag net dragged in the sea by a vessel or vessels for the purpose of taking fish; (chalut)

year means a calendar year. (année)

(2)A reference in these Regulations to a species or group of species of fish by its common name as set out in Column I of an item of Schedule VIII shall be construed as a reference to the species or group of species whose scientific name is set out in Column II of that item.

(3)A reference in these Regulations to a quantity of fish by weight shall be construed as a reference to the weight of the fish in a completely unprocessed state.

(4) and (5)[Revoked, SOR/93-62, s. 1]

Part I · Atlantic Coast

Interpretation

3 #

In this Part,

authorized topside chafer [Revoked, SOR/93-62, s. 2]

extension measure [Revoked, SOR/87-185, s. 2]

gill net means a net by which fish are caught by being enmeshed but that does not enclose an area of water; (filet maillant)

quota [Revoked, SOR/82-771, s. 2]

quota period [Revoked, SOR/82-771, s. 2]

quota table [Revoked, SOR/82-771, s. 2]

Regional Director-General [Revoked, SOR/82-771, s. 2]

regulated species means a species of fish set out in Column II of Schedule III. (espèce réglementée)

Application

4 #

This Part applies in Canadian fisheries waters adjacent to the Atlantic coast of Canada to

(a)a foreign fishing vessel other than a foreign fishing vessel engaged exclusively in scientific research; and

(b)any person on board, being a member of the crew of, attached to or employed on a vessel described in paragraph (a).

^note

Close Time

5 #

In the Schedule (STANDARDS OF GOOD AGRICULTURAL AND ENVIRONMENTAL CONDITION)—

(1)Subject to subsections (3) and (5), no person who is on board a foreign fishing vessel of a flag state set out in Schedule II shall fish for or catch and retain fish of a species set out in column I of an item of Schedule X in a stock area set out in column II of that item during the close time set out in column III of that item.

(2)A close time set out in column III of an item of Schedule X applies individually and separately to each flag state set out in Schedule II.

(3)Subject to subsection (4), subsection (1) does not apply to a person fishing for squid by means of squid jiggers.

(4)No person shall fish for squid by means of squid jiggers in

(a)Subarea 3 from December 30 to December 31; or

(b)Subarea 4 from December 30 to December 31.

(5)Where, pursuant to subsection (1), fishing for a species of fish is prohibited in a stock area, a person fishing in that stock area for a species of fish other than a species to which the prohibition applies may catch and retain an incidental catch of the prohibited species if the quantity of the incidental catch does not exceed the quantities referred to in section 9.

Swordfish Size Limits

5.1 #

(1)In this section, length, in relation to a swordfish, means the distance, measured in a straight line, from the tip of the lower jaw to the fork of the tail.

(2)Subject to subsection (3), no person shall be in possession of any swordfish that is less than 125 cm in length.

(3)Subsection (2) does not apply to a person fishing from a foreign fishing vessel for swordfish under the authority of a licence where

(a)the catching of swordfish that are less than 125 cm in length is incidental to the catching of longer swordfish; and

(b)the number of swordfish that are less than 125 cm in length that are retained during any one fishing trip does not exceed a fishing quota of 15 per cent of the number of longer swordfish that are retained during that fishing trip.

^note

Tuna Size Limits

6 #

(1)Subject to subsections (2) and (3), no person shall be in possession of any bigeye or yellowfin tuna that weigh less than 3.2 kg.

(2)Subsection (1) does not apply to a person fishing from a foreign fishing vessel for bigeye tuna under the authority of a licence where

(a)the catching of bigeye tuna weighing less than 3.2 kg is incidental to the catching of larger bigeye tuna; and

(b)the number of bigeye tuna weighing less than 3.2 kg that are retained during any one fishing trip does not exceed a fishing quota of 15 per cent of the number of larger bigeye tuna that are retained during that fishing trip.

(3)Subsection (1) does not apply to a person fishing from a foreign fishing vessel for yellowfin tuna under the authority of a licence where

(a)the catching of yellowfin tuna weighing less than 3.2 kg is incidental to the catching of larger yellowfin tuna; and

(b)the number of yellowfin tuna weighing less than 3.2 kg that are retained during any one fishing trip does not exceed a fishing quota of 15 per cent of the number of larger yellowfin tuna that are retained during that fishing trip.

(4)No person shall be in possession of any bluefin tuna that weighs less than 30 kg.

7 and 8 #

[Revoked, SOR/82-771, s. 3]

Incidental Catch Limits

9 #

Subject to subsection 10(2), where a person is fishing for a species of fish in a stock area under the authority of a licence, that person shall not retain an incidental catch of a species of fish, other than a species set out in the licence, that exceeds a fishing quota of

(a)in respect of haddock

(i)in Division 4VW, one per cent,

(ii)in Division 4X, one per cent, and

(iii)in Subarea 5, one per cent,

(b)in respect of cod in Division 4X, one per cent, and

(c)in respect of any species in any stock area not mentioned in paragraph (a) or (b), 10 per cent

of the weight of the species taken in that stock area under the authority of the licence.^note

10 #

(1)For the purposes of this section, annual fishing plan means a document that the Minister sends to a flag state setting out the species of fish that vessels of that flag state may be licensed to take in a stock area in a calendar year and the aggregate number of days for which vessels of that flag state may be authorized to fish for those species in that stock area.

(2)Section 9 does not apply in respect of an incidental catch of a species of fish taken by a vessel of a flag state in a stock area where the aggregate number of fishing days set out in the annual fishing plan for that species in that stock area has not been utilized.

11 and 12 #

[Revoked, SOR/94-61, s. 1]

13 #

[Revoked, SOR/87-185, s. 4]

14 #

[Revoked, SOR/79-715, s. 7]

Closed Areas and Seasons

15 #

No person shall fish in any part of an area described in Column I of an item of Schedule V during the close time set out in Column II of that item.^note

16 #

No person shall fish for or catch capelin inside or shoreward of a line beginning at Cape Freels in the Province of Newfoundland, THENCE to a point at 49°15′N. latitude and 52°54′W. longitude, THENCE to a point 48°20′N. latitude and 52°00′W. longitude, THENCE to a point at 47°28′N. latitude and 52°00′W. longitude, THENCE to a point at 46°42′N. latitude and 52°22′W. longitude, THENCE to a point at 46°12′N. latitude and 52°52′W. longitude, THENCE to a point at 46°12′N. latitude and 54°24′W. longitude and THENCE to Cape St. Mary’s in the Province of Newfoundland.

16.1 #

No person shall fish with a trawl net for squid, silver hake or argentine in Division 4VWX except in the portion of the Division that is enclosed by straight lines joining the following points, in the order in which they are listed:Point | North Latitude | West Longitude1 | 42°10′00″ | 65°30′00″2 | 42°49′00″ | 64°11′00″3 | 43°00′00″ | 63°30′00″4 | 43°04′00″ | 62°30′00″5 | 43°04′00″ | 62°00′00″6 | 43°22′00″ | 61°09′00″7 | 43°39′00″ | 60°00′00″8 | 43°43′00″ | 59°40′00″9 | 43°54′00″ | 59°00′00″10 | 39°00′00″ | 59°00′00″11 | 39°00′00″ | 61°51′00″12 | 42°10′00″ | 65°30′00″^note

16.2 #

[Revoked, SOR/82-771, s. 5]

17 #

No person shall, during the period commencing on March 1st and terminating on May 31st in any year, fish with gear that is capable of taking any demersal species of fish in either of the areas bounded by straight lines joining the geographical coordinates set out in Schedule VI, in the order listed in each case.

18 #

[Revoked, SOR/82-771, s. 6]

19 and 20 #

[Revoked, SOR/79-715, s. 10]

Part II · Pacific Coast

Interpretation

21 #

In this Part,

gill net means a net that

(a)is weighted at its bottom and floated at the surface of the water by a cork line, and

(b)is used to catch fish by enmeshing them,

but does not enclose an area of water.

^note

Application

22 #

This Part applies in Canadian fisheries waters adjacent to the Pacific coast of Canada to

(a)a foreign fishing vessel other than a foreign fishing vessel engaged exclusively in scientific research; and

(b)any person on board, being a member of the crew of, attached to or employed on a vessel described in paragraph (a).

^note

Close Time

23 #

No person who is on board a foreign fishing vessel of a flag state set out in column I of an item of Schedule VII shall fish for the species of fish set out in column II of that item in the stock area set out in column III of that item during the close time set out in column V of that item.^note

24 and 25 #

[Revoked, SOR/82-771, s. 8]

Incidental Catch Limits

26 #

Where a person is fishing for Pacific hake in sub-zone 5-1 or 5-2, he shall not catch and retain an incidental catch of a species of fish other than Pacific hake that exceeds 20 per cent of the weight of the Pacific hake on board the vessel or that exceeds:

(a)in respect of walleye pollock, 10 per cent,

(b)in respect of rockfish, two per cent,

(c)in respect of Pacific cod and ling cod in the aggregate, one per cent, or

(d)in respect of sablefish, one per cent,

of the said weight.^note

27 #

[Revoked, SOR/82-771, s. 9]

Gear Restrictions

28 #

(1)No person on board or operating from a foreign fishing vessel of a flag state set out in Column I of an item of Schedule VII shall fish for a species of fish set out in Column II of that item in a stock area set out in Column III of that item except with the gear type set out in Column IV of that item.

(2)No person shall fish for, or catch and retain, Pacific hake by means of a trawl net that has a mesh size

(a)greater than 100 mm or less than 76 mm in the cod-end; or

(b)less than 89 mm in any part of the net that is not the cod-end.

(3)No person fishing for a species of fish other than Pacific hake shall use a trawl net that has a mesh size of less than 89 mm.

Part III · Enforcement

Powers of Fishery Officers

29 #

[Revoked, SOR/93-62, s. 11]

Seals and Certificates

30 #

(1)A fishery officer may

(a)place a numbered identification mark or seal on any equipment or gear that he has inspected on board a foreign fishing vessel; and

(b)where he is of the opinion that equipment or gear on board a foreign fishing vessel that he has inspected is in compliance with these Regulations, issue a certificate of inspection to the master of the vessel setting out

(i)the date of the inspection, and

(ii)a description of the equipment or gear he has inspected.

(2)Where a fishery officer has placed a mark or seal on any equipment or gear in accordance with subsection (1), that mark or seal shall not be removed, altered or tampered with by any person other than a fishery officer while the foreign fishing vessel is in Canadian fisheries waters.

31 and 32 #

[Revoked, SOR/93-62, s. 12]

Part IV · General

Avoidance of Set Gear

33 #

(1)The master of a foreign fishing vessel in Canadian fisheries waters shall ensure at all times that there is maintained a distance of at least 1/2 nautical mile between his vessel and any equipment and gear attached thereto and any set fishing gear that has been marked so as to be visible to persons on board vessels navigating in the vicinity.

(2)For the purposes of this section, set, in respect of fishing gear, means that the fishing gear has been placed in the sea in such manner that

(a)each end of the gear is anchored in the sea;

(b)one end of the gear is anchored in the sea and the other end of the gear is attached to a fishing vessel;

(c)the gear is drifting in the sea; or

(d)one end of the gear is drifting free in the sea while the other end of the gear is attached to a fishing vessel.

34 to 37 #

[Revoked, SOR/93-62, s. 13]

Schedule I · Sub-zones — Pacific Coast (Section 2)

1 (a) Sub-Zone 5-1A is comprised of that portion of Fishing Zone 5 that is east of a line beginning at 49°00′N. latitude, 126°15′W. longitude, THENCE to 48°30′N. latitude, 125°55′W. longitude and THENCE in a southerly direction to a point of intersection with the outer perimeter of Fishing Zone 5 at 48°21.2′N. latitude, 125°20.85′W. longitude;(b) Sub-Zone 5-1B is comprised of that portion of Fishing Zone 5 that is west of Sub-Zone 5-1A, and east of a line beginning in 49°00′N. latitude, 126°15′W. longitude, THENCE to 48°30′N. latitude, 126°00′W. longitude and THENCE due south to the outer perimeter of Fishing Zone 5.2 Sub-Zone 5-2 is comprised of that portion of Fishing Zone 5 that is south of 49°23′N. latitude, exclusive of Sub-Zone 5-1.3 Sub-Zone 5-3 is comprised of that portion of Fishing Zone 5 that is north of 49°23′N. latitude and south of 50°30′N. latitude.4 Sub-Zone 5-4 is comprised of that portion of Fishing Zone 5 that is north of 50°30′N. latitude and south of 52°00′N. latitude.5 Sub-Zone 5-5 is comprised of that portion of Fishing Zone 5 that is north of 52°00′N. latitude.

Schedule II · (Section 5)

Schedule III

Schedule IV

Schedule V · (Section 15)

Item | Column I | Column IIArea | Close Time1 | The waters off White Head in the Province of Nova Scotia that are enclosed by straight lines joining the following points, in the order in which they are listed:PointNorth LatitudeWest Longitude144°36′00″61°04′00″244°46′00″61°20′00″345°00′00″61°06′00″445°06′00″60°51′00″544°56′00″60°45′00″644°36′00″61°04′00″ | January 1 to June 30Point | North Latitude | West Longitude1 | 44°36′00″ | 61°04′00″2 | 44°46′00″ | 61°20′00″3 | 45°00′00″ | 61°06′00″4 | 45°06′00″ | 60°51′00″5 | 44°56′00″ | 60°45′00″6 | 44°36′00″ | 61°04′00″2 | The waters off Fogo-Twillingate in the Province of Newfoundland enclosed by a line drawn from a point at 50°06′N. lat., 53°35′W. long.; THENCE to a point at 49°58′N. lat., 53°49′W. long.; THENCE to a point at 50°10′N. lat., 55°02′W. long.; THENCE to a point at 50°16′N. lat., 54°50′W. long.; THENCE to the said point at 50°06′N. lat., 53°35′W. long. | June 1 to November 303 | The waters off Cabot Island-Funk Island, Newfoundland enclosed by straight lines joining the following points in the order in which they are listed:PointNorth LatitudeWest Longitude150°05′53°15′250°05′52°35′349°15′52°35′449°15′53°15′549°43′30″53°38′650°05′53°15′ | May 1 to Nov. 30Point | North Latitude | West Longitude1 | 50°05′ | 53°15′2 | 50°05′ | 52°35′3 | 49°15′ | 52°35′4 | 49°15′ | 53°15′5 | 49°43′30″ | 53°38′6 | 50°05′ | 53°15′4 | The waters off Bonavista — St. John’s in the Province of Newfoundland enclosed by a line drawn from a point at 47°36′N. lat., 52°00′W. long.; THENCE to a point at 47°34′N. lat., 52°20′W. long.; THENCE to a point at 48°44′N. lat., 52°37′W. long.; THENCE to a point at 48°46′N. lat., 52°27′W. long.; THENCE to the said point at 47°36′N. lat., 52°00′W. long. | June 1 to November 30

Schedule VI · (Section 17)

| | Column I | Column IILatitude | LongitudeArea I | (1) | 42°04′N | 65°44′W(2) | 42°40′N | 64°30′W(3) | 43°00′N | 64°30′W(4) | 43°00′N | 66°32′W(5) | 42°20′N | 66°32′W(6) | 42°20′N | 66°00′W(7) | 42°04′N | 65°44′WArea II | (1) | 42°20′N | 67°00′W(2) | 41°15′N | 67°00′W(3) | 41°15′N | 65°40′W(4) | 42°00′N | 65°40′W(5) | 42°20′N | 66°00′W(6) | 42°20′N | 67°00′W

Schedule VII · (Sections 2, 23 and 28)

Schedule VIII · (Sections 2 and 36)

Schedule IX

Schedule X · (Sections 2 and 5)

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