Order Made by Flag State
5.1 (1) The Minister may, further to an order made by the flag state, issue a permit authorizing a foreign fishing vessel and its crew to enter Canadian fisheries waters for the purpose of verifying compliance with a law, measure or treaty referred to in subparagraph 6(a)(iii) of the Act.
(2) If the Minister issues a permit under subsection (1), he or she must advise both the flag state and the foreign fishing vessel and inform them of the permit’s conditions.
- SOR/2019-218, s. 4
Application for Licence
6 (1) Subject to subsection (3), the representative of the flag state of a foreign fishing vessel mentioned in paragraph 7(f) may apply for a licence referred to in section 5 in respect of that vessel and its crew by filing an application, signed by the representative, at the regional headquarters of the Department of Fisheries and Oceans responsible for issuing such licences for that flag state.
(2) An application referred to in subsection (1) shall be filed not less than 30 days prior to the first day on which the licence is required except that the Minister may, in order to prevent hardship, accept an application at any time.
(3) Where an application for a licence is in respect of a foreign fishing vessel that is under a charter to
(a) an individual resident and domiciled in Canada,
(b) a corporation incorporated under the laws of Canada or a province, or
(c) Her Majesty in right of Canada or a province,
the application shall be signed by the charterer who shall, in respect of that vessel, be regarded as the representative designated pursuant to paragraph 7(f).
- SOR/80-186, s. 2
- SOR/85-527, s. 4
- SOR/94-362, s. 4(F)
7 The following information shall be furnished and forwarded with an application referred to in subsection 6(1) in respect of a foreign fishing vessel:
(a) the name and description of the vessel, its equipment and complement;
(b) the flag state and home port of the vessel;
(c) the name of the owner and master of the vessel and, where applicable, its charterer;
(d) the side number of the vessel, its radio frequencies and call sign;
(e) a description of the proposed purpose and the period for which the licence is required;
(f) the name and address of a person resident in Canada having a permanent office or establishment in Canada who is authorized by the flag state to represent that flag state for the purpose of providing liaison with the appropriate officials of the Government of Canada;
(f.1) in the case of an application for a licence referred to in paragraph 5(1)(a) or subsection 5(1.1), any information or document that is relevant to the matters referred to in paragraphs 5(1.12)(a) to (e);
(f.2) any information that is required by Annex A to the Port State Measures Agreement; and
(g) any information the Minister considers necessary to clarify or complete the information furnished by the applicant.
- SOR/80-186, s. 3
- SOR/85-527, s. 5
- SOR/94-362, s. 4(F)
- SOR/98-410, s. 2
- SOR/99-474, s. 2
- SOR/2003-391, s. 2
- SOR/2019-218, s. 5
(2) Where a licence is issued in respect of pair trawlers, it shall be issued in respect of the vessel designated in the application as the command vessel and shall be carried on board that vessel.
- SOR/79-713, s. 5
- SOR/94-362, s. 4(F)
(2) [Repealed, SOR/85-527, s. 6]
(3) The Minister may amend any provision in the licence on receipt of an application from the person referred to in paragraph 7(f) or, if an error has been made in the licence, on his or her own initiative.
(4) An application referred to in subsection (3) shall be filed not less than 14 days prior to the first day on which the amendment is required except that the Minister may, in order to prevent hardship, accept an application at any time.
(5) An amendment referred to in subsection (3) is not binding on the master of the vessel to which the licence applies until it is received by the representative in Canada designated pursuant to paragraph 7(f).
(6) The fees payable for amendment of a licence issued pursuant to subsection (3) are set out in Schedule I.
- SOR/79-713, s. 6
- SOR/80-186, s. 4
- SOR/85-527, s. 6
- SOR/94-362, s. 4(F)
- SOR/2017-58, s. 43
9 (1) Subject to subsection (2), every licence shall be kept on board the foreign fishing vessel described in the licence while that vessel is in Canadian fisheries waters and shall be produced for examination by a protection officer at his request.
(2) Where a licence has been issued but not delivered, a Regional Director-General shall authorize the foreign fishing vessel described in the licence to enter Canadian fisheries waters and proceed directly to the Canadian port designated by him for the purpose of obtaining the licence if
- SOR/85-527, s. 7
- SOR/86-939, s. 3
- SOR/94-362, ss. 4(F), 5(F), 7(F)
10 [Repealed, SOR/79-713, s. 7]
Terms and Conditions of a Licence or Permit
(a) [Repealed, SOR/85-527, s. 8]
(b) the vessel and its crew shall engage only in the activities that are authorized by the licence or permit;
(c) the activities authorized by the licence or permit shall be carried out only at the times and in the areas of Canadian fisheries waters or ports specified in the licence or permit;
(d) where fishing is authorized by the licence
(i) the crew of the vessel shall fish only for a species of fish specified in the licence,
(ii) the crew of the vessel shall not catch and retain any fish of a species, size or age specified in the licence as prohibited catch and any prohibited catch shall be returned to the water, alive if possible,
(iii) and (iv) [Repealed, SOR/79-713, s. 8]
(v) the crew of the vessel shall fish only by means of fishing equipment and gear of a type specified in the licence, and
(vi) if a quantity of gear and equipment is specified in the licence, the crew of the vessel shall not fish with a quantity of gear and equipment that exceeds that specified quantity;
(e) where the transporting of fish from fishing grounds is authorized by the licence
(i) only the species and quantities of fish specified in the licence shall be taken on board the vessel for that purpose,
(ii) the fish may be taken on board only from vessels of a class specified in the licence, and
(iii) the master of the vessel shall cause written records to be maintained on a daily basis of the fish taken on board the vessel for transportation;
(f) and (g) [Repealed, SOR/85-527, s. 8]
(h) the vessel shall have on board at all times during the period it is in Canadian fisheries waters equipment and gear, including communications equipment, described in the licence or permit as “required equipment”;
(i) [Repealed, SOR/85-527, s. 8]
(j) [Repealed, SOR/82-289, s. 1]
(k) and (l) [Repealed, SOR/85-527, s. 8]
(m) where the Minister requests the flag state of the vessel to carry out, from time to time, a program of sampling, observation or research in connection with fisheries in Canadian fisheries waters, the master shall comply with instructions issued to him by the authorized officials of that flag state in respect of that program;
(n) to (t) [Repealed, SOR/85-527, s. 8]
(2) The master of a foreign vessel in respect of which a licence or permit has been issued shall not contravene or fail to comply with any condition of that licence or permit.
- SOR/79-713, s. 8
- SOR/82-289, s. 1
- SOR/85-527, s. 8
- SOR/94-362, ss. 4(F), 5(F)
- SOR/2017-58, s. 44
- SOR/2019-218, s. 7
- Date modified: