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Coastal Fisheries Protection Regulations (C.R.C., c. 413)

Regulations are current to 2024-05-28 and last amended on 2022-09-27. Previous Versions

Requirements of the Masters of Foreign Fishing Vessels (continued)

[
  • SOR/94-362, s. 4(F)
]
  •  (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.

  • SOR/96-390, s. 2

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

[
  • SOR/94-362, s. 4(F)
]

 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.

  • SOR/85-527, s. 9
  • SOR/94-362, ss. 4(F), 5(F)
  • SOR/2017-58, s. 46(F)

Importation

 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.

  •  (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.

 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.

 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.

 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.

  •  (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.

Suspension or Cancellation of Licences and Permits

  •  (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.

  • SOR/79-713, s. 10
  • SOR/94-362, s. 4(F)

Authorized Entry

 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.

  • SOR/85-527, s. 10
  • SOR/94-362, ss. 4(F), 5(F), 7(F)
  • SOR/96-390, s. 3

 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.

  • SOR/79-713, s. 11
  • SOR/81-193, s. 1
  • SOR/85-527, s. 11
  • SOR/94-362, ss. 4(F), 5(F), 7(F)
  • SOR/96-390, s. 3

 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).

  • SOR/85-527, s. 12
  • SOR/94-362, ss. 4(F), 5(F)

 [Repealed, SOR/94-444, s. 2]

Signals

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

  • SOR/81-76, s. 1
  • SOR/94-362, s. 2

 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.

 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.

  • SOR/94-362, s. 2

 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.

  • SOR/80-186, s. 6
  • SOR/94-362, s. 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.

  • SOR/94-362, s. 2

Use of Force

 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.

  • SOR/94-362, s. 2
  • SOR/2014-149, s. 4
  • SOR/2017-58, s. 47

 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.

  • SOR/94-362, s. 2
  • SOR/95-136, s. 1

 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.

  • SOR/94-362, s. 2

Return of Prohibited Species

 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.

Fishing by Foreign Fishing Vessels in the NAFO Regulatory Area

  •  (1) [Repealed, SOR/99-313, s. 3]

  • (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]

      • (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.

    TABLE IStraddling Stocks Located in Division 3L, Division 3N or Division 3O

    PART A

    Groundfish

    Column IColumn II
    ItemCommon NameScientific Name
    1American anglerLophius americanus
    2American plaiceHippoglossoides platessoides
    3American sand lanceAmmodytes americanus
    4Atlantic argentineArgentina silus
    5Atlantic codGadus morhua
    6Atlantic halibutHippoglossus hippoglossus
    7Atlantic redfish (Acadian, Golden, Deepwater)Sebastes fasciatus, Sebastes marinus and Sebastes mentella
    8Atlantic wolffishAnarhichas lupus
    9Barndoor skateRaja laevis
    10Greenland halibutReinhardtius hippoglossoides
    11HaddockMelanogrammus aeglefinus
    12PollockPollachius virens
    13Red hakeUrophycis chuss
    14Roughhead grenadierMacrourus berglax
    15Roundnose grenadierCoryphaenoides rupestris
    16Silver hakeMerluccius bilinearis
    17Spotted wolffishAnarhichas minor
    18Thorny skateRaja radiata
    19White hakeUrophycis tenuis
    20Witch flounderGlyptocephalus cynoglossus
    21Yellowtail flounderLimanda ferruginea

    PART B

    Fish Other than Groundfish

    Column IColumn II
    ItemCommon NameScientific Name
    1CapelinMallotus villosus
    2DogfishSqualus acanthias
    3Greenland cockleSerripes groenlandicus
    4Northern sand lanceAmmodytes dubius
    5Northern shrimpPandalus borealis
    6SharksSqualiformes
    7Short-finned squidIllex illecebrosus

    TABLE II

    Straddling Stocks in Division 3M

    Column IColumn II
    ItemCommon NameScientific Name
    1Greenland halibutReinhardtius hippoglossoides

    TABLE III

    States

    ItemStates
    1Cayman Islands

    TABLE IV

    States

    ItemStates
    1. and 2.[Repealed, SOR/95-222, s. 1]

    TABLE V

    Prescribed Conservation and Management Measures

    ItemMeasure
    1Prohibitions against fishing for, or catching and retaining, Greenland halibut in Division 3L, Division 3M, Division 3N or Division 3O during the period commencing on March 3 and terminating on December 31 in any year.
    2

    Prohibitions against fishing for, or catching and retaining,

    • (a) American plaice in Division 3L, Division 3N or Division 3O;

    • (b) Atlantic cod in Division 3L, Division 3N or Division 3O;

    • (c) Capelin in Division 3N or Division 3O;

    • (d) Northern shrimp in Division 3L, Division 3N or Division 3O;

    • (e) Witch flounder in Division 3N or Division 3O; and

    • (f) Yellowtail flounder in Division 3L, Division 3N or Division 3O.

    3

    Prohibitions, when fishing for any straddling stocks set out in Part A of Table I or in Table II, against fishing with or having on board the foreign fishing vessel a trawl net that has a mesh size, in any part of the net, that is

    • (a) in the case of a net made from Caprolan, Dederon or Kapron, less than 120 mm; and

    • (b) in any other case, less than 130 mm.

    4Prohibition against fishing with a trawl net that has any of its meshes obstructed in any manner, other than a manner allowed under section 31 of the Fishery General Regulations.
    5

    Prohibition against having on board the foreign fishing vessel in Division 3L, Division 3N or Division 3O any

    • (a) Atlantic cod less than 41 cm in fork length; or

    • (b) American plaice or Yellowtail flounder less than 25 cm in total length.

    6

    Requirement to keep, and produce on the demand of a protection officer, accurate daily logs that set out

    • (a) all catches, by species and area of capture; and

    • (b) all production, by species and product form.

    7Prohibition against removing fishing gear from the water during the 30 minute period after a Signal SQ 3 is sent from a government vessel to the foreign fishing vessel.
  • SOR/94-362, s. 3
  • SOR/95-136, s. 2
  • SOR/95-222, s. 1
  • SOR/99-313, s. 3
  • SOR/2014-149, s. 5
  • SOR/2017-58, s. 49(F)
 

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