• 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.

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.

47. Where a fishing vessel of a participating state is seized and, following a further investigation in port, the protection officer continues to have reasonable grounds to believe an offence has been committed under any of sections 27 to 38 and 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.

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.