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

Implementation of the WCPFC Measures

• 46.2 (1) A protection officer who is acting in the performance of their duties in relation to the WCPF Convention may exercise the enforcement powers set out in the WCPFC Measures in the WCPFC Regulatory Area with respect to

  • (a) a foreign fishing vessel of a state party to the WCPF Convention;

  • (b) a foreign fishing vessel that is authorized to fish in that Area under an arrangement that is expressly contemplated by the WCPFC Measures; or

  • (c) any other foreign fishing vessel, if the master of the vessel consents to the protection officer exercising those enforcement powers.

• (2) The protection officer may exercise those enforcement powers in Canadian fisheries waters with respect to a foreign fishing vessel referred to in paragraph (1)(a) or (b).

Implementation of the NPFC Measures

• 46.3 (1) A protection officer who is acting in the performance of their duties in relation to the NPF Convention may exercise the enforcement powers set out in the NPFC Measures in the NPFC Convention Area with respect to

  • (a) a foreign fishing vessel of a state party to the NPF Convention;

  • (b) a foreign fishing vessel that is authorized to fish in that Area under an arrangement that is expressly contemplated by the NPFC Measures; or

  • (c) any other foreign fishing vessel, if the master of the vessel consents to the protection officer exercising those enforcement powers.

• (2) The protection officer may exercise those enforcement powers in Canadian fisheries waters with respect to a foreign fishing vessel referred to in paragraph (1)(a) or (b).

Recovery of Costs

47 If a fishing vessel of a state party to the Fish Stocks Agreement is seized and, following a further investigation in port, the protection officer continues to have reasonable grounds to believe that an offence has been committed under section 24 or 40, Her Majesty in right of Canada may recover

• (a) any reasonable costs incurred for berthage of the fishing vessel;

• (b) any reasonable costs incurred for the security and maintenance of the fishing vessel; and

• (c) any reasonable costs incurred for the repatriation of the crew of the fishing vessel.

Serving or Giving of Documents

48 In any proceeding against a fishing vessel in respect of an offence under any of sections 5.3 to 5.5 of the Act, a notice, statement, summons or other document may be given or served

• (a) personally to a person who appears to be in charge of the fishing vessel;

• (b) by mailing the document to the agent for the fishing vessel; or

• (c) by posting the document in a conspicuous location on the fishing vessel.