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

Regulations are current to 2020-10-05 and last amended on 2019-06-17. Previous Versions

Terms and Conditions of a Licence or Permit (continued)

[SOR/2019-218, s. 6]

 [Repealed, SOR/85-527, s. 9]

Requirements of the Masters of Foreign Fishing Vessels

[SOR/94-362, s. 4(F)]
  •  (1) The master of a foreign fishing vessel operating under the authority of a licence shall

    • (a) at least 24 hours or such shorter period as may be approved by the Regional Director-General prior to the entry of that vessel into Canadian fisheries waters notify the Regional Director-General designated in the licence of

      • (i) the estimated time of entry of the vessel into such waters,

      • (ii) the location of such entry,

      • (iii) the approximate schedule of activities to be conducted while in such waters, and

      • (iv) the quantity in metric tons of fish by species and product form on board the vessel;

    • (b) when authorized by the licence to enter a Canadian port, notify the Regional Director-General of the estimated time of entry into and departure from that port not less than 24 hours prior to those estimated times;

    • (c) where the vessel is in Canadian fisheries waters, notify the Regional Director-General of the estimated time of departure from such waters not less than 72 hours prior to that estimated time or such shorter period as may be approved by the Regional Director-General;

    • (d) where the vessel is in an area of Canadian fisheries waters and is not authorized by the licence to engage in fishing at that time in that area, ensure that all fishing gear on board the vessel is stored below deck or otherwise removed from the place where it is normally used for fishing and placed where it is not readily available for fishing;

    • (e) permit, when requested by the Regional Director-General, observers to go on board and remain on board the vessel at a time and for a period specified in the request for the purposes of recording scientific data, making observations and taking samples;

    • (f) embark or disembark the observers at a time and place specified in a request made under paragraph (e);

    • (g) take all reasonable precautions to ensure the safety of any protection officer or observer boarding or leaving the vessel at sea including the observance of practices of good seamanship and, where necessary, the placing of a pilot ladder over the side of the vessel;

    • (h) where a protection officer or an observer is on board the vessel and remains on board the vessel for a period of more than four consecutive hours, provide the protection officer or observer with food and accommodation equivalent to that received by officers of the vessel;

    • (i) provide all reasonable assistance in his power to enable a protection officer or an observer on board the vessel to carry out his duties and in particular, but without restricting the generality of the foregoing, shall

      • (i) provide him with a suitable work area including a table and sufficient lighting to carry out his work,

      • (ii) provide him with access to the vessel records and logs pertaining to its fishing activities,

      • (iii) provide him, on request, with the position of the vessel in latitude and longitude,

      • (iv) send and receive messages on his behalf by means of the communications equipment on board the vessel,

      • (v) provide him with access to all areas of the vessel involved in the fishing, processing and storage operations,

      • (vi) permit him to take samples and provide him with all reasonable assistance in his doing so,

      • (vii) provide him with suitable storage facilities for his samples,

      • (viii) permit him to examine and measure any fishing gear on board the vessel and provide him with all reasonable assistance in his doing so,

      • (ix) permit him to take photographs of the fisheries operations, including fishing gear and equipment, and

      • (x) permit him to remove from the vessel samples, information, photographs or film taken or made during his time on board the vessel;

    • (j) where supplied with a log book requiring the recording of the fishing activities, catch, production and transfer of fish and fish products in accordance with the instructions contained in that log book

      • (i) fully and accurately complete that log book on a daily basis, and

      • (ii) provide the Regional Director-General with a copy of the information entered in that log book;

    • (k) send the original of the log book required to be completed under paragraph (j)

      • (i) upon request, to a protection officer or a Regional Director-General as soon as the request is made, or

      • (ii) where a request has not been made under subparagraph (i), to the Regional Director-General designated in the licence not later than 60 days after the expiration date of the licence;

    • (l) cause reports to be made containing the information specified, at the times specified, to the persons specified and by the means specified in the licence;

    • (m) while in Canadian fisheries waters, at the request of a Regional Director-General or a protection officer proceed forthwith to the place at sea or the port specified in the request for the purpose of inspection; and

    • (n) ensure that the vessel at all times while in Canadian fisheries waters is flying the flag of its flag state.

  • (2) The master of a foreign fishing vessel in respect of which a licence has been issued shall not operate that vessel for fishing or cause it to be operated for fishing unless the side number specified in the licence is painted on the vessel or affixed permanently to the vessel by some other means and

    • (a) is legible and visible from an aircraft in flight, another vessel or the shore;

    • (b) is in solid block Arabic numerals without ornamentation;

    • (c) is white on a black background or black on a white background;

    • (d) is in alignment and in a horizontal line; and

    • (e) is located on the vessel and in dimensions specified in the table to this subsection.

      TABLE

      Column IColumn IIColumn IIIColumn IVColumn VColumn VI
      ItemOverall Length of VesselHeight of Numerals and LettersWidth of Numerals and LettersThickness of Line of Numerals and LettersSpacing of Numerals and Letters and Width of BorderFootnote for TABLE *Location on Vessel
      1Less than 30.48 m50 cm15 cm5 cm5 cmAs high as practical on both sides of superstructure and as high as practical on the superstructure facing directly upwards.
      230.48 m or more1 m30 cm10 cm10 cmAs high as practical on both sides of superstructure and as high as practical on the superstructure facing directly upwards.
      • Return to footnote *Space between extremities of numerals and the outer edge of the black or white background, where the part of the vessel on which the number is located is not painted black or white.

  • SOR/78-795, s. 2
  • SOR/81-976, s. 1
  • SOR/85-527, s. 9
  • SOR/86-939, s. 4
  • SOR/89-29, s. 1
  • SOR/94-362, ss. 4(F), 5(F), 7(F)
  • SOR/96-390, s. 1(F)
  • SOR/2003-137, s. 1
  • SOR/2017-58, s. 45
 
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