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

Act current to 2019-08-28 and last amended on 2019-06-16. 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    Agreement[Repealed, 2015, c. 18, s. 2]

    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

    • (a) any part or derivative of a fish,

    • (b) shellfish, crustaceans, marine animals and any part or derivative of any of them, and

    • (c) the eggs, sperm, spawn, larvae, spat or juvenile stages, as the case may be, of fish, shellfish, crustaceans and marine animals; (poisson)

    fisheries management organization

    fisheries management organization means an organization or arrangement established by two or more states, or by one or more states and an organization of states, for the purpose of the conservation and management of fish stocks in the sea or any area of the sea; (organisation de gestion des pêches)

    fishing

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

    fishing vessel

    fishing vessel means any of the following:

    • (a) a ship, boat or any other description of vessel that is used in or equipped for

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

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

      • (iii) provisioning, servicing, repairing or maintaining any vessels of a foreign fishing fleet while at sea,

    • (b) a ship, boat or any other description of vessel that is used in transhipping fish, or marine plants, that have not been previously landed; (bateau de pêche)

    fishing vessel of a participating state

    fishing vessel of a participating state[Repealed, 2015, c. 18, s. 2]

    fishing vessel of a state party to the Fish Stocks Agreement

    fishing vessel of a state party to the Fish Stocks Agreement means a foreign fishing vessel that is entitled to fly the flag of a state party to the Fish Stocks Agreement; (bateau de pêche d’un État assujetti à l’Accord sur les stocks de poissons)

    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)

    Fish Stocks Agreement

    Fish Stocks 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 sur les stocks de poissons)

    flag state

    flag state means the state whose flag a fishing vessel is entitled to fly; (État du pavillon)

    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)

    marine plant

    marine plant means a saltwater plant, including benthic and detached algae, flowering plants, brown algae, red algae, green algae and phytoplankton, and any part or derivative of a saltwater plant; (plante marine)

    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[Repealed, 2015, c. 18, s. 2]

    Port State Measures Agreement

    Port State Measures Agreement means the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, approved by the Conference of the Food and Agriculture Organization of the United Nations in Rome on November 22, 2009; (Accord sur les mesures de l’État du port)

    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)

    state party to the Fish Stocks Agreement

    state party to the Fish Stocks Agreement means a foreign state or an organization of foreign states that is prescribed by regulation; (État assujetti à l’Accord sur les stocks de poissons)

    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
  • 2015, c. 18, s. 2

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
 
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