Order Made by Flag State
5.1 (1) The Minister may, further to an order made by the flag state, issue a permit authorizing a foreign fishing vessel and its crew to enter Canadian fisheries waters for the purpose of verifying compliance with a law, measure or treaty referred to in subparagraph 6(a)(iii) of the Act.
(2) If the Minister issues a permit under subsection (1), he or she must advise both the flag state and the foreign fishing vessel and inform them of the permit’s conditions.
Application for Licence
6 (1) Subject to subsection (3), the representative of the flag state of a foreign fishing vessel mentioned in paragraph 7(f) may apply for a licence referred to in section 5 in respect of that vessel and its crew by filing an application, signed by the representative, at the regional headquarters of the Department of Fisheries and Oceans responsible for issuing such licences for that flag state.
(2) An application referred to in subsection (1) shall be filed not less than 30 days prior to the first day on which the licence is required except that the Minister may, in order to prevent hardship, accept an application at any time.
(3) Where an application for a licence is in respect of a foreign fishing vessel that is under a charter to
(a) an individual resident and domiciled in Canada,
(b) a corporation incorporated under the laws of Canada or a province, or
(c) Her Majesty in right of Canada or a province,
the application shall be signed by the charterer who shall, in respect of that vessel, be regarded as the representative designated pursuant to paragraph 7(f).
- SOR/80-186, s. 2
- SOR/85-527, s. 4
- SOR/94-362, s. 4(F)
7 The following information shall be furnished and forwarded with an application referred to in subsection 6(1) in respect of a foreign fishing vessel:
(a) the name and description of the vessel, its equipment and complement;
(b) the flag state and home port of the vessel;
(c) the name of the owner and master of the vessel and, where applicable, its charterer;
(d) the side number of the vessel, its radio frequencies and call sign;
(e) a description of the proposed purpose and the period for which the licence is required;
(f) the name and address of a person resident in Canada having a permanent office or establishment in Canada who is authorized by the flag state to represent that flag state for the purpose of providing liaison with the appropriate officials of the Government of Canada;
(f.1) in the case of an application for a licence referred to in paragraph 5(1)(a) or subsection 5(1.1), any information or document that is relevant to the matters referred to in paragraphs 5(1.12)(a) to (e);
(f.2) any information that is required by Annex A to the Port State Measures Agreement; and
(g) any information the Minister considers necessary to clarify or complete the information furnished by the applicant.
- SOR/80-186, s. 3
- SOR/85-527, s. 5
- SOR/94-362, s. 4(F)
- SOR/98-410, s. 2
- SOR/99-474, s. 2
- SOR/2003-391, s. 2
- SOR/2019-218, s. 5
7.1 (1) An application for a licence may be made on behalf of pair trawlers and shall contain the information required by section 7 in respect of both vessels.
(2) Where a licence is issued in respect of pair trawlers, it shall be issued in respect of the vessel designated in the application as the command vessel and shall be carried on board that vessel.
- SOR/79-713, s. 5
- SOR/94-362, s. 4(F)
8 (1) Every licence shall
(a) apply only to the foreign fishing vessel described therein and where applicable to the crew of that vessel;
(b) be valid only for the period specified therein; and
(c) cease to be valid on any change in the flag state registry or ownership of the vessel described in the licence.
(2) [Repealed, SOR/85-527, s. 6]
(3) The Minister may amend any provision in the licence on receipt of an application from the person referred to in paragraph 7(f) or, if an error has been made in the licence, on his or her own initiative.
(4) An application referred to in subsection (3) shall be filed not less than 14 days prior to the first day on which the amendment is required except that the Minister may, in order to prevent hardship, accept an application at any time.
(5) An amendment referred to in subsection (3) is not binding on the master of the vessel to which the licence applies until it is received by the representative in Canada designated pursuant to paragraph 7(f).
(6) The fees payable for amendment of a licence issued pursuant to subsection (3) are set out in Schedule I.
- SOR/79-713, s. 6
- SOR/80-186, s. 4
- SOR/85-527, s. 6
- SOR/94-362, s. 4(F)
- SOR/2017-58, s. 43
9 (1) Subject to subsection (2), every licence shall be kept on board the foreign fishing vessel described in the licence while that vessel is in Canadian fisheries waters and shall be produced for examination by a protection officer at his request.
(2) Where a licence has been issued but not delivered, a Regional Director-General shall authorize the foreign fishing vessel described in the licence to enter Canadian fisheries waters and proceed directly to the Canadian port designated by him for the purpose of obtaining the licence if
(a) 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) the master of the vessel complies with any direction given to him by a protection officer.
- SOR/85-527, s. 7
- SOR/86-939, s. 3
- SOR/94-362, ss. 4(F), 5(F), 7(F)
10 [Repealed, SOR/79-713, s. 7]
Terms and Conditions of a Licence or Permit
- SOR/2019-218, s. 6
11 (1) Every licence or permit in respect of a foreign fishing vessel is subject to the following terms and conditions:
(a) [Repealed, SOR/85-527, s. 8]
(b) the vessel and its crew shall engage only in the activities that are authorized by the licence or permit;
(c) the activities authorized by the licence or permit shall be carried out only at the times and in the areas of Canadian fisheries waters or ports specified in the licence or permit;
(d) where fishing is authorized by the licence
(i) the crew of the vessel shall fish only for a species of fish specified in the licence,
(ii) the crew of the vessel shall not catch and retain any fish of a species, size or age specified in the licence as prohibited catch and any prohibited catch shall be returned to the water, alive if possible,
(iii) and (iv) [Repealed, SOR/79-713, s. 8]
(v) the crew of the vessel shall fish only by means of fishing equipment and gear of a type specified in the licence, and
(vi) if a quantity of gear and equipment is specified in the licence, the crew of the vessel shall not fish with a quantity of gear and equipment that exceeds that specified quantity;
(e) where the transporting of fish from fishing grounds is authorized by the licence
(i) only the species and quantities of fish specified in the licence shall be taken on board the vessel for that purpose,
(ii) the fish may be taken on board only from vessels of a class specified in the licence, and
(iii) the master of the vessel shall cause written records to be maintained on a daily basis of the fish taken on board the vessel for transportation;
(f) and (g) [Repealed, SOR/85-527, s. 8]
(h) the vessel shall have on board at all times during the period it is in Canadian fisheries waters equipment and gear, including communications equipment, described in the licence or permit as “required equipment”;
(i) [Repealed, SOR/85-527, s. 8]
(j) [Repealed, SOR/82-289, s. 1]
(k) and (l) [Repealed, SOR/85-527, s. 8]
(m) where the Minister requests the flag state of the vessel to carry out, from time to time, a program of sampling, observation or research in connection with fisheries in Canadian fisheries waters, the master shall comply with instructions issued to him by the authorized officials of that flag state in respect of that program;
(n) to (t) [Repealed, SOR/85-527, s. 8]
(u) the master or crew of the vessel shall not carry out any activity in any area of Canadian fisheries waters that is contrary to the Fisheries Act or regulations made under that Act.
(2) The master of a foreign vessel in respect of which a licence or permit has been issued shall not contravene or fail to comply with any condition of that licence or permit.
- SOR/79-713, s. 8
- SOR/82-289, s. 1
- SOR/85-527, s. 8
- SOR/94-362, ss. 4(F), 5(F)
- SOR/2017-58, s. 44
- SOR/2019-218, s. 7
11.1 [Repealed, SOR/85-527, s. 9]
Requirements of the Masters of Foreign Fishing Vessels
- SOR/94-362, s. 4(F)
12 (1) The master of a foreign fishing vessel operating under the authority of a licence shall
(a) at least 24 hours or such shorter period as may be approved by the Regional Director-General prior to the entry of that vessel into Canadian fisheries waters notify the Regional Director-General designated in the licence of
(i) the estimated time of entry of the vessel into such waters,
(ii) the location of such entry,
(iii) the approximate schedule of activities to be conducted while in such waters, and
(iv) the quantity in metric tons of fish by species and product form on board the vessel;
(b) when authorized by the licence to enter a Canadian port, notify the Regional Director-General of the estimated time of entry into and departure from that port not less than 24 hours prior to those estimated times;
(c) where the vessel is in Canadian fisheries waters, notify the Regional Director-General of the estimated time of departure from such waters not less than 72 hours prior to that estimated time or such shorter period as may be approved by the Regional Director-General;
(d) where the vessel is in an area of Canadian fisheries waters and is not authorized by the licence to engage in fishing at that time in that area, ensure that all fishing gear on board the vessel is stored 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;
(e) permit, when requested by the Regional Director-General, observers to go on board and remain on board the vessel at a time and for a period specified in the request for the purposes of recording scientific data, making observations and taking samples;
(f) embark or disembark the observers at a time and place specified in a request made under paragraph (e);
(g) take all reasonable precautions to ensure the safety of any protection officer or observer boarding or leaving the vessel at sea including the observance of practices of good seamanship and, where necessary, the placing of a pilot ladder over the side of the vessel;
(h) where a protection officer or an observer is on board the vessel and remains on board the vessel for a period of more than four consecutive hours, provide the protection officer or observer with food and accommodation equivalent to that received by officers of the vessel;
(i) provide all reasonable assistance in his power to enable a protection officer or an observer on board the vessel to carry out his duties and in particular, but without restricting the generality of the foregoing, shall
(i) provide him with a suitable work area including a table and sufficient lighting to carry out his work,
(ii) provide him with access to the vessel records and logs pertaining to its fishing activities,
(iii) provide him, on request, with the position of the vessel in latitude and longitude,
(iv) send and receive messages on his behalf by means of the communications equipment on board the vessel,
(v) provide him with access to all areas of the vessel involved in the fishing, processing and storage operations,
(vi) permit him to take samples and provide him with all reasonable assistance in his doing so,
(vii) provide him with suitable storage facilities for his samples,
(viii) permit him to examine and measure any fishing gear on board the vessel and provide him with all reasonable assistance in his doing so,
(ix) permit him to take photographs of the fisheries operations, including fishing gear and equipment, and
(x) permit him to remove from the vessel samples, information, photographs or film taken or made during his time on board the vessel;
(j) where supplied with a log book requiring the recording of the fishing activities, catch, production and transfer of fish and fish products in accordance with the instructions contained in that log book
(i) fully and accurately complete that log book on a daily basis, and
(ii) provide the Regional Director-General with a copy of the information entered in that log book;
(k) send the original of the log book required to be completed under paragraph (j)
(i) upon request, to a protection officer or a Regional Director-General as soon as the request is made, or
(ii) where a request has not been made under subparagraph (i), to the Regional Director-General designated in the licence not later than 60 days after the expiration date of the licence;
(l) cause reports to be made containing the information specified, at the times specified, to the persons specified and by the means specified in the licence;
(m) while in Canadian fisheries waters, at the request of a Regional Director-General or a protection officer proceed forthwith to the place at sea or the port specified in the request for the purpose of inspection; and
(n) ensure that the vessel at all times while in Canadian fisheries waters is flying the flag of its flag state.
(2) The master of a foreign fishing vessel in respect of which a licence has been issued shall not operate that vessel for fishing or cause it to be operated for fishing unless the side number specified in the licence is painted on the vessel or affixed permanently to the vessel by some other means and
(a) is legible and visible from an aircraft in flight, another vessel or the shore;
(b) is in solid block Arabic numerals without ornamentation;
(c) is white on a black background or black on a white background;
(d) is in alignment and in a horizontal line; and
(e) is located on the vessel and in dimensions specified in the table to this subsection.
Column I Column II Column III Column IV Column V Column VI Item Overall Length of Vessel Height of Numerals and Letters Width of Numerals and Letters Thickness of Line of Numerals and Letters Spacing of Numerals and Letters and Width of BorderFootnote for TABLE * Location on Vessel 1 Less than 30.48 m 50 cm 15 cm 5 cm 5 cm As high as practical on both sides of superstructure and as high as practical on the superstructure facing directly upwards. 2 30.48 m or more 1 m 30 cm 10 cm 10 cm As high as practical on both sides of superstructure and as high as practical on the superstructure facing directly upwards.
Return to footnote *Space between extremities of numerals and the outer edge of the black or white background, where the part of the vessel on which the number is located is not painted black or white.
- SOR/78-795, s. 2
- SOR/81-976, s. 1
- SOR/85-527, s. 9
- SOR/86-939, s. 4
- SOR/89-29, s. 1
- SOR/94-362, ss. 4(F), 5(F), 7(F)
- SOR/96-390, s. 1(F)
- SOR/2003-137, s. 1
- SOR/2017-58, s. 45
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