Coastal Fisheries Protection Act (R.S.C., 1985, c. C-33)

Act current to 2017-11-20 and last amended on 2007-07-01. Previous Versions

Coastal Fisheries Protection Act

R.S.C., 1985, c. C-33

An Act to protect the coastal fisheries

Short Title

Marginal note:Short title

 This Act may be cited as the Coastal Fisheries Protection Act.

  • R.S., c. C-21, s. 1.

Interpretation

Marginal note:Definitions
  •  (1) In this Act,

    Agreement

    Agreement means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks adopted by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks in New York on August 4, 1995; (accord)

    Canadian fisheries waters

    Canadian fisheries waters means all waters in the fishing zones of Canada, all waters in the territorial sea of Canada and all internal waters of Canada; (eaux de pêche canadiennes)

    Canadian fishing vessel

    Canadian fishing vessel means a fishing vessel

    • (a) that is registered or licensed under the Canada Shipping Act, 2001 , or

    • (b) that is not registered or licensed under the Canada Shipping Act, 2001 or under the laws of another state but is owned by one or more persons each of whom is

      • (i) a Canadian citizen,

      • (ii) in the case of a vessel that is not required to be registered or licensed under that Act, a person resident and domiciled in Canada, or

      • (iii) a corporation incorporated under the laws of Canada or a province, having its principal place of business in Canada; (bateau de pêche canadien)

    fish

    fish includes shellfish, crustaceans and marine animals; (poisson)

    fishing

    fishing means fishing for or catching or killing fish by any method; (pêcher)

    fishing vessel

    fishing vessel includes any ship or boat or any other description of vessel used in or equipped for

    • (a) fishing or processing or transporting fish from fishing grounds,

    • (b) taking, processing or transporting marine plants, or

    • (c) provisioning, servicing, repairing or maintaining any vessels of a foreign fishing fleet while at sea; (bateau de pêche)

    fishing vessel of a participating state

    fishing vessel of a participating state means a foreign fishing vessel that has been issued, under the laws of a participating state, a registration number, licence or other document granting it the right to fly the flag of that state or that is otherwise entitled to fly the flag of that state; (bateau de pêche d’un État assujetti à l’accord)

    fishing vessel without nationality

    fishing vessel without nationality means a fishing vessel that

    • (a) has not been issued, under the laws of any state, a registration number, licence or other document granting it the right to fly the flag of that state,

    • (b) sails under a flag that it is not entitled to fly,

    • (c) does not sail under the flag of any state,

    • (d) sails under the flag of two or more states, using them according to convenience, or

    • (e) sails under the flag of a state that is not recognized by the international community; (bateau de pêche sans nationalité)

    foreign fishing vessel

    foreign fishing vessel means a fishing vessel that is not a Canadian fishing vessel; (bateau de pêche étranger)

    government vessel

    government vessel means, subject to subsection 17(2), any vessel that belongs to or is in the service of Her Majesty in right of Canada; (bateau de l’État)

    Minister

    Minister means the Minister of Fisheries and Oceans; (ministre)

    NAFO Regulatory Area

    NAFO Regulatory Area means that part of the following area, being the Convention Area of the Northwest Atlantic Fisheries Organization, that is on the high seas:

    • (a) the waters of the Northwest Atlantic Ocean north of 35°00′ north latitude and west of a line extending due north from 35°00′ north latitude and 42°00′ west longitude to 59°00′ north latitude, thence due west to 44°00′ west longitude, and thence due north to the coast of Greenland, and

    • (b) the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ north latitude; (zone de réglementation de l’OPAN)

    participating state

    participating state means a foreign state or an organization of foreign states prescribed by regulation; (État assujetti à l’accord)

    protection officer

    protection officer means, subject to subsection 17(2),

    • (a) a fishery officer within the meaning of the Fisheries Act,

    • (b) a member of the Royal Canadian Mounted Police, or

    • (c) any person authorized by the Governor in Council to enforce this Act. (garde-pêche)

    straddling stock

    straddling stock[Repealed, 1999, c. 19, s. 1]

  • Marginal note:Meaning of state

    (2) In section 5.4, subparagraphs 6(f)(iv) and (vi), paragraphs 16.1(b) and 17(2)(b), sections 18.01 and 18.02 and paragraph 18.1(a.2), state includes an organization of foreign states.

  • R.S., 1985, c. C-33, s. 2;
  • 1994, c. 14, s. 1;
  • 1998, c. 16, s. 29;
  • 1999, c. 19, s. 1;
  • 2001, c. 26, s. 287.

Foreign Fishing Vessels

Marginal note:Entry of foreign vessels into Canadian fisheries waters

 No foreign fishing vessel shall enter Canadian fisheries waters for any purpose unless authorized by this Act or the regulations, any other law of Canada or a treaty.

  • R.S., c. C-21, s. 3.
Marginal note:Fishing, etc., in Canada and Canadian fisheries waters
  •  (1) No person, being aboard a foreign fishing vessel or being a member of the crew of or attached to or employed on a foreign fishing vessel, shall in Canada or in Canadian fisheries waters

    • (a) fish or prepare to fish,

    • (b) unload, land or tranship any fish, outfit or supplies,

    • (c) ship or discharge any crew member or other person,

    • (d) purchase or obtain bait or any supplies or outfits, or

    • (e) take or prepare to take marine plants,

    unless authorized by this Act or the regulations, any other law of Canada or a treaty.

  • Marginal note:Fishing of sedentary species

    (2) No person, being aboard a foreign fishing vessel or being a member of the crew of or attached to or employed on a foreign fishing vessel, shall fish or prepare to fish for a sedentary species of fish in any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters, unless authorized by this Act or the regulations or any other law of Canada.

  • Marginal note:Definition of sedentary species

    (3) For the purposes of subsection (2), sedentary species means any living organism that, at the harvestable stage, either is immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil.

  • R.S., 1985, c. C-33, s. 4;
  • 1990, c. 44, s. 13;
  • 1996, c. 31, s. 65.
Marginal note:Transporting fish into Canadian fisheries waters

 No person, being aboard a Canadian fishing vessel, shall bring into Canadian fisheries waters fish received outside Canadian fisheries waters from a foreign fishing vessel, unless authorized by the regulations.

  • R.S., c. C-21, s. 3.
Marginal note:Purpose

 Parliament, recognizing

  • (a) that straddling stocks on the Grand Banks of Newfoundland are a major renewable world food source having provided a livelihood for centuries to fishers,

  • (b) that those stocks are threatened with extinction,

  • (c) that there is an urgent need for all fishing vessels to comply in both Canadian fisheries waters and the NAFO Regulatory Area with sound conservation and management measures for those stocks, notably those measures that are taken under the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978, Canada Treaty Series 1979 No. 11, and

  • (d) that some foreign fishing vessels continue to fish for those stocks in the NAFO Regulatory Area in a manner that undermines the effectiveness of sound conservation and management measures,

declares that the purpose of section 5.2 is to enable Canada to take urgent action necessary to prevent further destruction of those stocks and to permit their rebuilding, while continuing to seek effective international solutions to the situation referred to in paragraph (d).

  • 1994, c. 14, s. 2.
 
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