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

Regulations are current to 2024-04-01 and last amended on 2022-09-27. Previous Versions

States Party to the Fish Stocks Agreement

 The foreign states and organizations of foreign states set out in Schedule IV are states party to the Fish Stocks Agreement.

Implementation of the Fish Stocks Agreement

[
  • SOR/2019-218, s. 11
]

Northwest Atlantic Fisheries Organization

  •  (1) The NAFO Regulatory Area is an area of the sea designated for the purposes of section 5.3 of the Act.

  • (2) The NAFO Regulatory Area is an area of the sea designated for the purposes of section 5.5 of the Act.

  •  (1) A fishing vessel of a state party to the Fish Stocks Agreement may fish in the NAFO Regulatory Area for fish of a stock set out in Annex I.A or I.B of the NAFO Measures only if the state party to the Fish Stocks Agreement is a party to the NAFO Convention.

  • (2) Despite subsection (1), a fishing vessel of a state party to the Fish Stocks Agreement that is not a party to the NAFO Convention may fish in the NAFO Regulatory Area for the fish referred to in that subsection if the fishing is done under an arrangement that is expressly contemplated by the NAFO Measures and in a manner that complies with this arrangement and the NAFO measures.

Western and Central Pacific Fisheries Commission

  •  (1) The WCPFC Regulatory Area is an area of the sea designated for the purposes of section 5.3 of the Act.

  • (2) The WCPFC Regulatory Area is an area of the sea designated for the purposes of section 5.5 of the Act.

  •  (1) A fishing vessel of a state party to the Fish Stocks Agreement may fish in the WCPFC Regulatory Area for fish of a stock regulated by the WCPFC Measures only if the state is a party to the WCPF Convention.

  • (2) Despite subsection (1), a fishing vessel of a state party to the Fish Stocks Agreement that is not a party to the WCPF Convention may fish in the WCPFC Regulatory Area for the fish referred to in subsection (1) if the fishing is done under an arrangement that is expressly contemplated by the WCPFC Measures and in a manner that complies with that arrangement and the WCPFC Measures.

 [Repealed, SOR/2014-149, s. 6]

North Pacific Fisheries Commission

  •  (1) The NPFC Convention Area is an area of the sea designated for the purposes of section 5.3 of the Act.

  • (2) The NPFC Convention Area is an area of the sea designated for the purposes of section 5.5 of the Act.

  •  (1) A fishing vessel of a state party to the Fish Stocks Agreement may fish in the NPFC Convention Area for fish of a stock regulated by the NPFC Measures only if the state is a party to the NPF Convention.

  • (2) Despite subsection (1), a fishing vessel of a state party to the Fish Stocks Agreement that is not a party to the NPF Convention may fish in the NPFC Convention Area for the fish referred to in subsection (1) if the fishing is done under an arrangement that is expressly contemplated by the NPFC Measures and in a manner that complies with that arrangement and the NPFC Measures.

 [Repealed, SOR/2014-149, s. 6]

 [Repealed, SOR/2014-149, s. 6]

 [Repealed, SOR/2014-149, s. 6]

 [Repealed, SOR/2014-149, s. 6]

 [Repealed, SOR/2014-149, s. 6]

 [Repealed, SOR/2014-149, s. 6]

 [Repealed, SOR/2014-149, s. 6]

 [Repealed, SOR/2014-149, s. 6]

 [Repealed, SOR/2014-149, s. 6]

 [Repealed, SOR/2014-149, s. 6]

 [Repealed, SOR/2014-149, s. 6]

 [Repealed, SOR/2014-149, s. 6]

 [Repealed, SOR/2014-149, s. 6]

International Commission for the Conservation of Atlantic Tunas

  •  (1) All waters of the Atlantic Ocean and its adjacent seas beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as areas of the sea regulated by the International Commission for the Conservation of Atlantic Tunas for the purposes of section 5.3 of the Act.

  • (2) All waters of the Atlantic Ocean and its adjacent seas beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as areas of the sea regulated by the International Commission for the Conservation of Atlantic Tunas for the purposes of paragraph 5.5(a) of the Act.

  • SOR/99-313, s. 4

 No fishing vessel of a state party to the Fish Stocks Agreement that is fishing in the waters referred to in subsection 39(1) shall have on board a bluefin tuna that weighs less than 3.2 kg.

 Sections 24, 26, 28 and 40 are designated as regulatory provisions whose contravention is prohibited under paragraph 5.3(a) of the Act.

Enforcement Action in Respect of Canadian Fishing Vessels

 The Minister may authorize a state party to the Fish Stocks Agreement to take enforcement action in respect of a Canadian fishing vessel if there are reasonable grounds to believe the fishing vessel has contravened any measure established by the International Commission for the Conservation of Atlantic Tunas for the conservation or management of a highly migratory fish stock set out in the table to this section.

TABLE

Highly Migratory Fish Stocks

ItemSpecies
1Yellowfin tuna (Thunnus albacares)
2Skipjack tuna (Euthynnus pelamis)
3Bluefin tuna (Thunnus thynnus)
4Albacore tuna (Thunnus alalunga)
5Bigeye tuna (Thunnus obesus)
6Bonito tuna (Sarda sarda)
7Sailfish (Istiophorus albicans)
8Blue marlin (Makaira nigricans)
9White marlin (Tetrapturus albidus)
10Longbill spearfish (Tetrapturus pfluegeri)

Implementation of the CASPO Convention

  •  (1) The waters of the North Pacific Ocean and its adjacent seas north of 33° N. latitude beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as an area of the sea regulated by the CASPO Convention for the purposes of section 5.4 of the Act.

  • (2) The waters of the North Pacific Ocean and its adjacent seas north of 33° N. latitude beyond 200 nautical miles from the baselines from which the territorial sea of a state is measured are hereby designated as an area of the sea regulated by the CASPO Convention for the purposes of paragraph 5.5(b) of the Act.

  • SOR/99-313, s. 4
  •  (1) No fishing vessel of a state that is a party to the CASPO Convention shall

    • (a) engage in directed fishing for anadromous fish in the waters referred to in subsection 43(1); or

    • (b) retain any anadromous fish taken as an incidental taking while fishing for non-anadromous fish in the waters referred to in subsection 43(1).

  • (2) Subsection (1) does not apply to fishing for scientific research purposes in accordance with Article VII of the CASPO Convention.

  • (3) Subsection (1) is hereby designated as a regulation the contravention of which is prohibited under section 5.4 of the Act.

  • SOR/99-313, s. 4

 A protection officer may, in enforcing section 44, exercise the powers referred to in section 16.1 of the Act to the extent that they are consistent with the CASPO Convention.

  • SOR/99-313, s. 4

 The Minister may authorize a state that is a party to the CASPO Convention to take enforcement action in respect of a Canadian fishing vessel if there are reasonable grounds to believe that the fishing vessel contravened any measure referred to in section 44.

  • SOR/99-313, s. 4

Implementation of the NAFO Measures

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

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

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

    • (c) any other foreign fishing vessel, except a foreign fishing vessel of a state that is set out in Table III or IV to section 21, 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).

  • (3) The protection officer may detain fish unloaded in port from a foreign fishing vessel referred to in paragraph (1)(a) until the officer has received, from the flag state, the form or forms set out in Annex II.L of the NAFO Measures.

Implementation of the WCPFC Measures

  •  (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

  •  (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

 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

 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.

  • SOR/99-313, s. 4
 

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