Coastal Fisheries Protection Regulations (C.R.C., c. 413)

Regulations are current to 2013-05-20

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 [Repealed, SOR/94-444, s. 2]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.