Coastal Fisheries Protection Regulations

C.R.C., c. 413

COASTAL FISHERIES PROTECTION ACT

Coastal Fisheries Protection Regulations

REGULATIONS RESPECTING THE PROTECTION OF THE COASTAL FISHERIES OF CANADA

SHORT TITLE

1. These Regulations may be cited as the Coastal Fisheries Protection Regulations.

INTERPRETATION

2. In these Regulations,

"Act" means the Coastal Fisheries Protection Act; (Loi)

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

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

"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" 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" 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" 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" means Division 3NO as described in section 3 of note B of Schedule III to the Atlantic Fishery Regulations, 1985; (division 3NO)

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

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

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

"NAFO" means the Northwest Atlantic Fisheries Organization; (OPAN)

"NAFO Measures" means the Conservation and Enforcement Measures adopted by NAFO, as amended from time to time; (mesures de l'OPAN)

"observer" means

(a) for the purposes of sections 37 and 38, a person placed on board a fishing vessel of a participating state pursuant to Measure VI.A of the NAFO Measures, or

(b) for any other purpose, a person who is designated as such by a Regional Director-General and is in possession of an identification card indicating that designation; (observateur)

"permit" [Repealed, SOR/85-527, s. 1]

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

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

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

"Subarea" has the same meaning as the Atlantic Fishery Regulations. (sous-zone) SOR/79-713, s. 1; SOR/81-729, s. 1; SOR/83-264, s. 1; SOR/85-527, s. 1; SOR/86-939, s. 1(E); SOR/94-362, ss. 1, 4(F), 7(F); SOR/99-313, s. 1; SOR/2004-110, s. 1.

PRESCRIBED RESPONSE PERIOD

3. For the purpose of subsection 16.2(3) of the Act, the prescribed period is three working days. SOR/99-313, s. 2.

4. [Repealed, SOR/85-527, s. 2]

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 or fishing for purposes of scientific research,

(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.

(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.

(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) [Repealed, SOR/2003-391, s. 1]

(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). SOR/78-447, s. 1; SOR/78-795, s. 1; SOR/79-138, s. 1; SOR/79-713, s. 4; SOR/80-186, s. 1; SOR/85-527, s. 3; SOR/86-939, s. 2; SOR/94-362, ss. 4(F), 5(F); SOR/94-444, s. 1; SOR/95-261, s. 1; SOR/95-356, s. 1; SOR/96-309, s. 1; SOR/98-410, s. 1; SOR/99-474, s. 1; SOR/2000-36, s. 1; SOR/2001-204, s. 1; SOR/2003-391, s. 1.

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); 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.

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

(a) on receipt of an application from the representative designated pursuant to paragraph 7(f), or

(b) on his own initiative, where an error has been made in a licence,

amend any provision set out in the licence.

(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).

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

11. (1) Every licence 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;

(c) the activities authorized by the licence shall be carried out only at the times and in the areas of Canadian fisheries waters or ports set out in the licence;

(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 set out in the licence as prohibited catches, and where such fish are caught they 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 kind set out in the licence, and

(vi) where a quantity of gear and equipment is set out in a licence, the crew of the vessel shall not fish with a quantity of gear and equipment that exceeds the quantity set out in the licence;

(e) where the transporting of fish from fishing grounds is authorized by the licence

(i) only the species and quantities of fish set out 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 set out 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 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 has been issued shall not contravene or fail to comply with any condition set out in that licence. SOR/79-713, s. 8; SOR/82-289, s. 1; SOR/85-527, s. 8; SOR/94-362, ss. 4(F), 5(F).

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 such information, at such times, to such persons and by such means as are set out 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 or cause to be operated that vessel for fishing unless the side number set out 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.

TABLE

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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.

12.1 (1) Subject to subsection (3), the master of a foreign fishing vessel entering Canadian fisheries waters shall, as soon as is reasonably possible, notify a protection officer or Regional Director-General of the name, flag state, location, route and destination of the vessel and of the circumstances under which it entered Canadian fisheries waters.

(2) Subject to subsection (3), the master of a foreign fishing vessel that has entered Canadian fisheries waters shall, while in those waters,

(a) ensure that 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) at the request of a protection officer, proceed to a location indicated by the officer for the purpose of carrying out an inspection of the vessel.

(3) Subsections (1) and (2) do not apply to a foreign fishing vessel in respect of which a licence has been issued under these Regulations or a United States sport fishing vessel authorized to enter Canadian fisheries waters pursuant to section 16. SOR/96-390, s. 2.

AUTHORIZATION FOR CANADIAN FISHING VESSELS TO LAND FISH RECEIVED FROM FOREIGN VESSELS

[SOR/94-362, s. 4(F)]

13. The Minister may, at the request of the owner or master of a Canadian fishing vessel, issue a licence authorizing the master to bring into Canadian fisheries waters fish, of a species and quantity specified in the licence, received outside Canadian fisheries waters from a foreign fishing vessel. SOR/85-527, s. 9; SOR/94-362, ss. 4(F), 5(F).

SUSPENSION OR CANCELLATION OF LICENCES AND PERMITS

13.1 (1) The Minister may suspend or cancel any licence or permit.

(2) Where a licence or permit has been suspended or cancelled pursuant to subsection (1), the Minister

(a) shall, if requested, furnish reasons for the cancellation or suspension to the consular or the diplomatic authorities of the flag state of the foreign fishing vessel described in the licence or permit or the representative in Canada designated pursuant to paragraph 7(f);

(b) shall consider any written representation made with respect to the suspension or cancellation by or on behalf of the owner of the vessel; and

(c) may rescind the suspension or cancellation. SOR/79-713, s. 10; SOR/94-362, s. 4(F).

AUTHORIZED ENTRY

14. A foreign fishing vessel may, without the authority of a licence, enter Canadian fisheries waters for the purpose of

(a) where the vessel is in distress, ensuring the safety of the vessel and its crew;

(b) rendering assistance to a vessel described in paragraph (a); or

(c) obtaining emergency medical assistance for a member of the crew at a Canadian port. SOR/85-527, s. 10; SOR/94-362, ss. 4(F), 5(F), 7(F); SOR/96-390, s. 3.

15. A foreign fishing vessel may, without the authority of a licence, enter the territorial sea of Canada or Fishing Zone 4, Fishing Zone 5 or Fishing Zone 6 for the purpose of passing through such waters during the course of a voyage to a destination outside Canadian fisheries waters. SOR/79-713, s. 11; SOR/81-193, s. 1; SOR/85-527, s. 11; SOR/94-362, ss. 4(F), 5(F), 7(F); SOR/96-390, s. 3.

16. Subject to the Fisheries Act and Regulations made thereunder, a United States sport fishing vessel and its crew may, without a licence, enter Canadian fisheries waters for the purpose of sport fishing and while in Canadian fisheries waters carry out the activities described in subparagraphs 5(1)(a)(vi), (vii) and (x). SOR/85-527, s. 12; SOR/94-362, ss. 4(F), 5(F).

17. [Repealed, SOR/94-444, s. 2]

SIGNALS

18. For the purposes of the Act and these Regulations, the signal requiring a fishing vessel to bring to is Signal L. SOR/81-76, s. 1; SOR/94-362, s. 2.

18.1 When a protection officer on board an inspection vessel intends to board a fishing vessel of a participating state, the signal to be used by the inspection vessel is Signal SQ 3. SOR/2004-110, s. 2.

19. Where a protection officer or an observer on board a government vessel intends to board a fishing vessel at sea, the signal to be used by the government vessel is Signal SQ 3. SOR/94-362, s. 2.

19.1 For the purposes of the Act and these Regulations, the flying by a vessel of a pennant in the shape, size and colours set out in Schedule III identifies that vessel as a government vessel. SOR/80-186, s. 6; SOR/94-362, s. 2.

19.2 The following methods of signalling may be used to send signals to fishing vessels:

(a) flag signalling using alphabetical flags;

(b) flashing light signalling using Morse symbols;

(c) sound signalling using Morse symbols;

(d) Morse signalling using hand-flags or arms;

(e) voice with or without using loud hailer;

(f) radiotelegraphy; and

(g) radiotelephony. SOR/94-362, s. 2.

USE OF FORCE

19.3 A protection officer may use force under section 8.1 of the Act only where the protection officer is proceeding lawfully and in accordance with the manner set out in sections 19.4 and 19.5 to arrest the master or other person in command of a foreign fishing vessel for the commission of an offence under section 3, paragraph 4(1)(a) or section 5.2 of the Act or of an offence set out in subparagraph 17(a)(ii) of the Act. SOR/94-362, s. 2.

19.4 Before using force referred to in section 19.3, a protection officer shall

(a) consider all less violent means reasonable in the circumstances to have the foreign fishing vessel bring to, including

(i) interrupting the fishing operations of the vessel, including cutting the warps of a trawl net being towed by the vessel, and

(ii) boarding the vessel; and

(b) be satisfied that the foreign fishing vessel cannot be made to bring to by those means. SOR/94-362, s. 2; SOR/95-136, s. 1.

19.5 A protection officer who has met the requirements of section 19.4 shall, before using force referred to in section 19.3,

(a) fire a warning shot or, if the protection officer considers it advisable, a series of warning shots in the vicinity of the foreign fishing vessel but at a safe distance and give the master or other person on board a reasonable opportunity to bring to; and

(b) signal the foreign fishing vessel by Signal SQ 1 and give the master or other person on board a reasonable opportunity to bring to. SOR/94-362, s. 2.

RETURN OF PROHIBITED SPECIES

20. The master of a foreign fishing vessel in respect of which a licence has been issued shall, where fish of a species, size or age set out in the licence as prohibited species is caught from the vessel, cause forthwith the return of that fish to the water in a manner that causes the least possible harm to that fish. SOR/85-527, s. 14; SOR/94-362, s. 4(F).

FISHING BY FOREIGN FISHING VESSELS IN THE NAFO REGULATORY AREA

21. (1) [Repealed, SOR/99-313, s. 3]

(2) For the purposes of section 5.2 of the Act,

(a) straddling stocks are,

(i) in Division 3L, Division 3N and Division 3O, the stocks of fish set out in Table I to this section, and

(ii) in Division 3M, the stocks of fish set out in Table II to this section;

(b) the following classes of foreign fishing vessels are prescribed classes, namely

(i) [Repealed, SOR/99-313, s. 3]

(ii) foreign fishing vessels that fly the flag of any state set out in Table III to this section, and

(iii) foreign fishing vessels that fly the flag of any state set out in Table IV to this section;

(c) in respect of a foreign fishing vessel of a class prescribed by subparagraph (b)(ii), prohibitions against fishing for the straddling stocks set out in Table I or II to this section, against preparing to fish for those straddling stocks and against catching and retaining those straddling stocks are hereby prescribed as conservation and management measures; and

(d) in respect of a foreign fishing vessel of a class prescribed by subparagraph (b)(iii), the measures set out in Table V to this section are prescribed conservation and management measures. SOR/99-313, s. 3.

TABLE I
STRADDLING STOCKS LOCATED IN DIVISION 3L, DIVISION 3N OR DIVISION 3O

PART A
GROUNDFISH

PART B
FISH OTHER THAN GROUNDFISH

TABLE II
STRADDLING STOCKS IN DIVISION 3M

TABLE III
STATES

TABLE IV
STATES

TABLE V
PRESCRIBED CONSERVATION AND MANAGEMENT MEASURES

SOR/94-362, s. 3; SOR/95-136, s. 2; SOR/95-222, s. 1.

PRESCRIBED PARTICIPATING STATES

22. The foreign states and organizations of foreign states set out in Schedule IV are hereby prescribed as participating states. SOR/99-313, s. 4.

IMPLEMENTATION OF THE AGREEMENT

Northwest Atlantic Fisheries Organization

23. (1) The NAFO Regulatory Area is hereby designated as an area of the sea regulated by NAFO for the purposes of section 5.3 of the Act.

(2) The NAFO Regulatory Area is hereby designated as an area of the sea regulated by NAFO for the purposes of paragraph 5.5(a) of the Act. SOR/99-313, s. 4.

24. Subject to section 25, sections 26 to 38 apply to fishing vessels of a participating state that are engaged in fishing in the NAFO Regulatory Area for a straddling stock set out in Table I or II to section 21. SOR/99-313, s. 4.

25. A provision of these Regulations that is set out in column 1 of an item of the table to this section does not apply in respect of a fishing vessel of a participating state that, by virtue of Article XII of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, is not bound by the provision of the NAFO Measures that is set out in column 2.

TABLE

SOR/99-313, s. 4; SOR/2004-110, s. 3.

26. Every fishing vessel of a participating state shall comply with the provision of the NAFO Measures that are set out in the table to this section, except those to which, by virtue of Article XII of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, the participating state is not bound.

TABLE

SOR/99-313, s. 4; SOR/2004-110, s. 3.

26.1 Every master of a fishing vessel of a participating state shall not engage in a directed fishery within the meaning of paragraph 1 of Article 9 of the NAFO Measures for species for which a catch limit applies. SOR/2004-110, s. 3.

27. (1) Where in any calendar year a participating state notifies the Executive Secretary of NAFO of the date that it will close its fishery for a fish stock allocated to that state for that calendar year, no fishing vessel of that state shall, in any part of that calendar year after that date, engage in a directed fishery for fish of that stock.

(2) Where in any calendar year a participating state closes its fishery in shrimp in Division 3M, as defined in Article 5 of the NAFO Measures, because it has exhausted its fishing days under that Article, no fishing vessel of that state shall, in any part of that calendar year after that date, engage in a directed fishery for shrimp in Division 3M. SOR/99-313, s. 4; SOR/2004-110, s. 4.

28. (1) Subject to subsection (2), no fishing vessel of a participating state that has not been allocated a quota of a particular stock set out in Annex I.A of the NAFO Measures shall fish for fish of that stock.

(2) Subject to subsection (3), a fishing vessel of a participating state that is a contracting party to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries and that has not been allocated a quota of a particular stock set out in Annex I.A of the NAFO Measures may fish for fish of that stock if

(a) a quota for that stock has been allocated to "Others" in that Annex and the participating state has notified the Executive Secretary of NAFO that its vessels intend to fish for that stock;

(b) the vessel is fishing, wholly or partly, a quota or shrimp fishing day allocated to another contracting party in accordance with

(i) a transfer of the quota or shrimp fishing day to the participating state that has been authorized under the relevant NAFO process, or

(ii) a chartering arrangement that meets the requirements of Article 14 of the NAFO Measures; or

(c) the participating state is not bound by the quota set out in that Annex allocated for that stock by virtue of Article XII of that Convention.

(3) No fishing vessel referred to in subsection (2) shall fish for fish of a stock for which a quota has been allocated to "Others" more than seven days after the day the Executive Secretary of NAFO notifies the participating state that the quota for that fish stock has been reached. SOR/99-313, s. 4SOR/2004-110, s. 5.

28.1 No fishing vessel of a participating state shall fish in the NAFO Regulatory Area for any stock set out in Annex II of the NAFO Measures unless it has a valid authorization to do so issued by the participating state. SOR/2004-110, s. 6.

29. Every fishing vessel of a participating state shall

(a) maintain an accurate fishing logbook, in the manner specified in paragraphs 2 and 3 of Article 19 of the NAFO Measures; and

(b) either

(i) maintain an accurate production logbook, in accordance with paragraph 4 of Article 19 of the NAFO Measures, or

(ii) stow all processed catch in the hold separately by species and maintain an accurate stowage plan showing the location of the products in the hold. SOR/99-313, s. 4; SOR/2004-110, s. 7.

30. No fishing vessel of a participating state shall enter the NAFO Regulatory Area without having an accurate record in its fishing logbook of the amount of each species of fish on board at the time of entry. SOR/99-313, s. 4.

31. (1) No fishing vessel of a participating state shall fish for shrimp in Division 3NO.

(2) No fishing vessel of a participating state shall fish for shrimp in Division 3L as defined in Article 6 of the NAFO Measures, unless the fishing takes place both

(a) in the area in which fishing is permitted under paragraph 2 of Article 12 of the NAFO Measures; and

(b) at a time when fishing is not prohibited by paragraph 1 of Article 12 of the NAFO Measures. SOR/99-313, s. 4; SOR/2004-110, s. 8.

31.1 No fishing vessel of a participating state shall fish for Atlantic cod or witch flounder in Division 3L. SOR/2004-110, s. 8.

32. (1) No fishing vessel of a participating state shall

(a) fish using a net that has meshes that do not meet the requirements of paragraph 6a of Annex XIV of the NAFO Measures;

(b) except in the circumstances set out in paragraphs 3 and 4 of Article 10 of the NAFO Measures, when fishing for a particular species of fish, have on board a net with a mesh size smaller than that authorized for that species under paragraph 1 of that Article; or

(c) except in the circumstances set out in paragraph 3 of Article 10 of the NAFO Measures, fish for a species of fish set out in paragraph 1 of that Article using a net having, in any part, meshes of a size less than that specified for that species in that paragraph 1, as measured wet after use by inserting into the meshes an appropriate gauge, described in Annex XIV of the NAFO Measures.

(2) If, by virtue of Article XII of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, a participating state is not bound by the minimum mesh size requirement set out in paragraph 1 of Article 10 of the NAFO Measures for a particular species of fish, paragraphs (1)(b) and (c) of this section do not apply to a fishing vessel of that participating state when fishing for that species of fish. SOR/99-313, s. 4; SOR/2004-110, s. 9.

33. (1) No fishing vessel of a participating state shall fish for a species of fish, for which the NAFO Measures prescribe a minimum mesh size, with a net in which the mesh size in any part of the net, other than the underside of a trawl codend, is obstructed so as to diminish the size of the meshes.

(2) Subsection (1) does not apply where the vessel has attached a device described in Annex XV of the NAFO Measures to the upper side of the codend, provided that the device is attached in such a manner that it does not obstruct the meshes of the codend, including any extension used to lengthen that codend. SOR/99-313, s. 4; SOR/2004-110, s. 10.

34. Every fishing vessel of a participating state shall comply with the catch communication requirements set out in Article 22 of the NAFO Measures. SOR/99-313, s. 4; SOR/2004-110, s. 11.

35. No fishing vessel of a participating state shall interfere with a satellite tracking system on board the vessel. SOR/99-313, s. 4.

36. [Repealed, SOR/2004-110, s. 12]

37. No fishing vessel of a participating state shall prevent an observer from carrying out his or her duties. SOR/99-313, s. 4.

37.1 When an inspection vessel sends Signal SQ 3 to a fishing vessel of a participating state that has begun or is about to begin hauling its nets, the fishing vessel shall ensure that the nets are not hauled for a period of at least 30 minutes after the signal has been sent. SOR/2004-110, s. 13.

38. A fishing vessel of a participating state that is carrying an observer shall

(a) provide suitable food and lodging for the observer while the observer remains on the vessel; and

(b) ensure that all necessary cooperation is extended to the observer to enable the observer to carry out his or her duties, including providing access to the retained catch and to catch that is intended to be discarded. SOR/99-313, s. 4.

International Commission for the Conservation of Atlantic Tunas

39. (1) All waters of the Atlantic Ocean and its adjacent seas beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as areas of the sea regulated by the International Commission for the Conservation of Atlantic Tunas for the purposes of section 5.3 of the Act.

(2) All waters of the Atlantic Ocean and its adjacent seas beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as areas of the sea regulated by the International Commission for the Conservation of Atlantic Tunas for the purposes of paragraph 5.5(a) of the Act. SOR/99-313, s. 4.

40. No fishing vessel of a participating state that is fishing in the waters referred to in subsection 39(1) shall have on board a bluefin tuna that is less than 3.2 kg in weight. SOR/99-313, s. 4; SOR/2004-110, s. 14.

41. Sections 25 to 38 and 40 are hereby designated as regulations the contravention of which is prohibited under paragraph 5.3(a) of the Act. SOR/99-313, s. 4.

Enforcement Action in respect of Canadian Fishing Vessels

42. The Minister may authorize a participating state to take enforcement action in respect of a Canadian fishing vessel if there are reasonable grounds to believe the fishing vessel has contravened any measure

(a) established by NAFO for the conservation or management of a straddling fish stock; or

(b) established by the International Commission for the Conservation of Atlantic Tunas for the conservation or management of a highly migratory fish stock set out in the table to this section.

TABLE
HIGHLY MIGRATORY FISH STOCKS

SOR/99-313, s. 4.

IMPLEMENTATION OF THE CASPO CONVENTION

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. SOR/99-313, s. 4.

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. SOR/99-313, s. 4.

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. SOR/99-313, s. 4.

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. SOR/99-313, s. 4.

RECOVERY OF COSTS

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. SOR/99-313, s. 4.

SERVING OR GIVING OF DOCUMENTS

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. SOR/99-313, s. 4.

SCHEDULE I
(ss. 5(2) and 8(6))
LICENCE FEES FOR FOREIGN FISHING VESSELS

PART I
LICENCES AUTHORIZING FISHING, PROCESSING, TRANSSHIPPING OR SUPPORT ACTIVITIES

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PART II

[Repealed, SOR/86-939, s. 5]

PART III
LICENCES AUTHORIZING ACTIVITIES OTHER THAN FISHING, PROCESSING, TRANSHIPPING OR SUPPORT ACTIVITIES

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PART IV
EXEMPTION FROM AMENDMENT FEES

1. No fee shall be charged for an amendment to a licence where the amendment results from any of the following circumstances:

(a) non-arrival of a vessel into Canadian fisheries waters due to extenuating circumstances;

(b) early or late arrival of a vessel into Canadian fisheries waters within 14 days of the originally requested starting date on the initial entry of that vessel each year;

(c) sea accident while in Canadian fisheries waters affecting ship safety;

(d) allocations of quotas after the issuing of the licence;

(e) closure of a fishery on scientific advice for the conservation of fish stocks;

(f) port visits for less than 24 hours for other than routine reasons;

(g) port visits for emergency vessel repairs related to ship safety;

(h) port visits for less than 24 hours for the embarkation or disembarkation of an observer;

(i) entry of a vessel into a special project with a Canadian company where the project is of a material benefit to Canada;

(j) loss of fishing days as a result of court action resulting in an acquittal; and

(k) amendments initiated by the Minister of Fisheries and Oceans.

PART V
LICENCES AUTHORIZING THE ACTIVITY SET OUT IN PARAGRAPH 5(1)(B) OF THESE REGULATIONS

SOR/78-447, s. 2; SOR/78-795, s. 3; SOR/79-713, s. 12; SOR/80-186, s. 7; SOR/81-729, s. 2; SOR/82-289, s. 3; SOR/83-264, s. 2; SOR/85-527, s. 15; SOR/86-939, s. 5; SOR/86-1091, s. 1; SOR/89-34, ss. 1 to 3; SOR/90-55, s. 1; SOR/90-57, ss. 1, 2; SOR/94-362, ss. 4(F), 5(F), 8(F); SOR/94-444, s. 3.

SCHEDULE II

[Repealed, SOR/85-527, s. 15]

SCHEDULE III
(s. 19.1)

DIAGRAM OF PENNANT

GRAPHIC IS NOT DISPLAYED, SEE SOR/83-264, S. 3

SOR/80-186, s. 8; SOR/83-264, s. 3.

SCHEDULE IV
(Section 22)

SOR/99-313, s. 5; SOR/2004-110, s. 15.