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

Regulations are current to 2020-09-09 and last amended on 2019-06-17. Previous Versions

Requirements of the Masters of Foreign Fishing Vessels (continued)

[SOR/94-362, s. 4(F)]
  •  (1) Subject to subsection (3), the master of a foreign fishing vessel entering Canadian fisheries waters shall, as soon as is reasonably possible, notify a protection officer or Regional Director-General of the name, flag state, location, route and destination of the vessel and of the circumstances under which it entered Canadian fisheries waters.

  • (2) Subject to subsection (3), the master of a foreign fishing vessel that has entered Canadian fisheries waters shall, while in those waters,

    • (a) ensure that all fishing gear on board the vessel is stowed 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; and

    • (b) at the request of a protection officer, proceed to a location indicated by the officer for the purpose of carrying out an inspection of the vessel.

  • (3) Subsections (1) and (2) do not apply to a foreign fishing vessel in respect of which a licence has been issued under these Regulations or a United States sport fishing vessel authorized to enter Canadian fisheries waters pursuant to section 16.

  • SOR/96-390, s. 2

Authorization for Canadian Fishing Vessels to Land Fish Received from Foreign Vessels

[SOR/94-362, s. 4(F)]

 The Minister may, at the request of the owner or master of a Canadian fishing vessel, issue a licence authorizing the master to bring into Canadian fisheries waters fish, of a species and quantity specified in the licence, received outside Canadian fisheries waters from a foreign fishing vessel.

  • SOR/85-527, s. 9
  • SOR/94-362, ss. 4(F), 5(F)
  • SOR/2017-58, s. 46(F)

Importation

 For the purposes of sections 13.02 to 13.06, meat means any part of the fish except the head, eyes, roe, guts, bones and tail.

  • SOR/2019-218, s. 8
  •  (1) For the purpose of subsection 5.6(3) of the Act, any of the following fish that is subject to measures established by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and that is imported must be accompanied by:

    • (a) in the case of Atlantic bluefin tuna, a catch document or re-export certificate, as the case may be, that complies with the ICCAT Bluefin Tuna Catch Documentation Program that is current at the time that the fish are caught;

    • (b) in the case of Atlantic bigeye tuna, a statistical document or a re-export certificate, as the case may be, that complies with the ICCAT Bigeye Tuna Statistical Document Program that is current at the time that the fish are caught; or

    • (c) in the case of Atlantic swordfish meat, a statistical document or a re-export certificate, as the case may be, that complies with the ICCAT Swordfish Statistical Document Program that is current at the time that the fish are caught.

  • (2) The documents referred to in paragraph (1)(b) are not required in the case of Atlantic bigeye tuna that was caught by purse seiners or pole and line bait vessels and is destined principally for a cannery located in Canada.

  • SOR/2019-218, s. 8

 For the purpose of subsection 5.6(3) of the Act, any importation of Patagonian toothfish or Antarctic toothfish must be accompanied by a catch document or a re-export certificate, as the case may be, that complies with the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) Catch Documentation Scheme for Dissostichus spp. that is current at the time that the fish are caught.

  • SOR/2019-218, s. 8

 For the purpose of subsection 5.6(3) of the Act, any importation of eastern Pacific bigeye tuna meat must be accompanied by a statistical document or a re-export certificate, as the case may be, that complies with the Inter-American Tropical Tuna Commission (IATTC) Bigeye Tuna Statistical Document Program that is current at the time that the fish are caught.

  • SOR/2019-218, s. 8

 For the purpose of subsection 5.6(3) of the Act, any importation of southern bluefin tuna meat must be accompanied by a catch monitoring form or a re-export or export after landing of domestic product form, as the case may be, that complies with the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) Catch Documentation Scheme that is current at the time that the fish are caught.

  • SOR/2019-218, s. 8
  •  (1) For the purpose of subsection 5.6(3) of the Act, any importation of Indian Ocean bigeye tuna meat must be accompanied by a statistical document or a re-export certificate, as the case may be, that complies with the Indian Ocean Tuna Commission (IOTC) Bigeye Tuna Statistical Document Programme that is current at the time that the fish are caught.

  • (2) The documents referred to in subsection (1) are not required in the case of Indian Ocean bigeye tuna that was caught by purse seiners or pole and line bait vessels and is destined principally for a cannery located in Canada.

  • SOR/2019-218, s. 8

Suspension or Cancellation of Licences and Permits

  •  (1) The Minister may suspend or cancel any licence or permit.

  • (2) Where a licence or permit has been suspended or cancelled pursuant to subsection (1), the Minister

    • (a) shall, if requested, furnish reasons for the cancellation or suspension to the consular or the diplomatic authorities of the flag state of the foreign fishing vessel described in the licence or permit or the representative in Canada designated pursuant to paragraph 7(f);

    • (b) shall consider any written representation made with respect to the suspension or cancellation by or on behalf of the owner of the vessel; and

    • (c) may rescind the suspension or cancellation.

  • SOR/79-713, s. 10
  • SOR/94-362, s. 4(F)

Authorized Entry

 A foreign fishing vessel may, without the authority of a licence, enter Canadian fisheries waters for the purpose of

  • (a) where the vessel is in distress, ensuring the safety of the vessel and its crew;

  • (b) rendering assistance to a vessel described in paragraph (a); or

  • (c) obtaining emergency medical assistance for a member of the crew at a Canadian port.

  • SOR/85-527, s. 10
  • SOR/94-362, ss. 4(F), 5(F), 7(F)
  • SOR/96-390, s. 3

 A foreign fishing vessel may, without the authority of a licence, enter the territorial sea of Canada or Fishing Zone 4, Fishing Zone 5 or Fishing Zone 6 for the purpose of passing through such waters during the course of a voyage to a destination outside Canadian fisheries waters.

  • SOR/79-713, s. 11
  • SOR/81-193, s. 1
  • SOR/85-527, s. 11
  • SOR/94-362, ss. 4(F), 5(F), 7(F)
  • SOR/96-390, s. 3

 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)

 [Repealed, SOR/94-444, s. 2]

Signals

 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

 When a protection officer on board an inspection vessel intends to board a fishing vessel of a state party to the Fish Stocks Agreement, the signal to be used by the inspection vessel is Signal SQ 3.

  • SOR/2004-110, s. 2
  • SOR/2019-218, s. 9

 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

 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

 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
 
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