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

Act current to 2016-08-15 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

    accord

    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

    eaux de pêche canadiennes

    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

    bateau de pêche canadien

    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

    poisson

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

    fishing

    pêcher

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

    fishing vessel

    bateau de pêche

    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

    bateau de pêche d’un État assujetti à l’accord

    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

    bateau de pêche sans nationalité

    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

    bateau de pêche étranger

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

    government vessel

    bateau de l’État

    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

    ministre

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

    NAFO Regulatory Area

    zone de réglementation de l’OPAN

    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

    État assujetti à l’accord

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

    protection officer

    garde-pêche

    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.
 
Date modified: