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

1 [Repealed, SOR/2017-58, s. 42]

Interpretation

2 In these Regulations,

Act

Act means the Coastal Fisheries Protection Act; (Loi)

applicant

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

CASPO Convention

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

crew

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

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

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

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

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

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 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

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

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

licence

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

master

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

NAFO

NAFO means the Northwest Atlantic Fisheries Organization; (OPAN)

NAFO Convention

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

NAFO Measures

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

NPFC

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

NPF Convention

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

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

NPFC Measures

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

observer

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

permit[Repealed, SOR/85-527, s. 1]

pilot ladder

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

processing

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

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

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

Signal L

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

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

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

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

Subarea

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

WCPFC

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

WCPF Convention

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

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

WCPFC Regulatory Area

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

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.

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.

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]

• (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).