Protecting Coastal Fisheries

Act: Coastal Fisheries Protection Act, R.S.C. 1985, c. C-33
Regulation: Coastal Fisheries Protection Regulations, C.R.C.

To Whom Does This Apply?

Owners and masters of foreign and Canadian fishing vessels which operate within Canadian fishery waters.

Summary

The Coastal Fisheries Protection Act governs:

• foreign fishing vessels in Canadian fisheries waters;
• the inspection, arrest, seizure and forfeiture of fishing vessels and goods;
• offences by and punishment of the master or commander of a fishing vessel in Canadian fisheries waters; and
• the application of criminal law, and the jurisdiction of Canadian courts in the above matters.

The Coastal Fisheries Protection Regulations explain the requirements for the following:

• licenses (requirements, exceptions, applications, terms and conditions, suspension and cancellation);
• duties which the master of a licensed foreign fishing vessels must perform;
• Canadian vessels that land fish received from foreign vessels;
• communications signals;
• the use of force by protection officers;
• the return of prohibited species of fish to the water when caught by a licensed foreign vessel; and
• fishing by foreign vessels in the Northwest Atlantic Fisheries Organization (NAFO) regulatory area.

Application Process

• the representative of the flag state (that is, the state under whose flag the ship is registered) of the foreign fishing vessel fills the application and files it with the Department of Fisheries and Oceans (DFO) at the Regional Headquarters office which is responsible for issuing the licenses for that flag state;
• the application must be filed at least 30 days before the first day on which the license is required;
• the following information must also be provided with the application form:
  • the name and description of the vessel, its equipment and number of crew members;
  • the flag state and home port of the vessel;
  • the name of the owner and master of the vessel and, if applicable, its charterer;
  • the side number of the vessel, its radio frequencies and call sign;
  • a description of the purpose and the period for which the license is required;
  • the name and address of a person living in Canada having a permanent office or establishment in Canada who is authorized by the flag state to represent that flag state for providing liaison with officials of the Government of  Canada; and
  • any other information the Minister considers necessary to complete the information provided by the applicant;
• obtain application form from DFO and provide required information; and
• the application may also be made on behalf of a pair of ships, one of which will be known as the "command" vessel.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Quebec Contact(s):
See National Contact.

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National Contact(s):
Director
Legislative and Regulatory Affairs
Fisheries and Oceans Canada
Station 14-E-241
Centennial Towers
200 Kent Street
Ottawa, Ontario  K1A 0E6
Telephone: 613-998-5495
Fax: 613-990-2811
TTY (hearing impaired): 613-941-6517
E-mail: matteB@dfo-mpo.gc.ca
Web site: http://www.dfo-mpo.gc.ca/home-accueil_e.htm
Hours of operation: 8 a.m. to 8 p.m. Monday to Friday (Eastern time).