Coastal Fisheries Protection Regulations

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).