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Foreign Vessel Fishing Regulations (C.R.C., c. 815)

Regulations are current to 2019-09-10 and last amended on 2017-04-13. Previous Versions

PART IAtlantic Coast (continued)

Swordfish Size Limits

  •  (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.

  • SOR/94-293, s. 2

Tuna Size Limits

  •  (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.

  • SOR/80-631, s. 1
  • SOR/87-185, s. 3
  • SOR/93-62, s. 4
  • SOR/94-293, s. 3
  • SOR/2017-58, s. 3(F)

 [Revoked, SOR/82-771, s. 3]

Incidental Catch Limits

 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.

  • SOR/80-631, s. 2
  • SOR/87-185, s. 4
  • SOR/93-62, s. 5
  •  (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.

  • SOR/80-631, s. 3
  • SOR/87-185, s. 4
  • SOR/93-62, s. 6

 [Revoked, SOR/94-61, s. 1]

 [Revoked, SOR/87-185, s. 4]

 [Revoked, SOR/79-715, s. 7]

Closed Areas and Seasons

 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.

  • SOR/79-715, s. 8

 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.

 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:

PointNorth LatitudeWest Longitude
142°10′00″65°30′00″
242°49′00″64°11′00″
343°00′00″63°30′00″
443°04′00″62°30′00″
543°04′00″62°00′00″
643°22′00″61°09′00″
743°39′00″60°00′00″
843°43′00″59°40′00″
943°54′00″59°00′00″
1039°00′00″59°00′00″
1139°00′00″61°51′00″
1242°10′00″65°30′00″
  • SOR/78-753, s. 2
  • SOR/79-715, s. 9
  • SOR/93-62, s. 8

 [Revoked, SOR/82-771, s. 5]

 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.

 [Revoked, SOR/82-771, s. 6]

 [Revoked, SOR/79-715, s. 10]

PART IIPacific Coast

Interpretation

 In this Part,

gill net

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.

  • SOR/82-771, s. 7

Application

 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).

  • SOR/93-62, s. 20(F)
 
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