Use of Force
19.3 A protection officer may use force under section 8.1 of the Act to arrest the master or other person in command of a foreign fishing vessel for the commission of an offence under section 3, paragraph 4(1)(a), section 5.2 or 5.5 or subparagraph 17(1)(a)(ii) of the Act.
- SOR/94-362, s. 2
- SOR/2014-149, s. 4
- SOR/2017-58, s. 47
19.4 Before using force referred to in section 19.3, a protection officer shall
(a) consider all less violent means reasonable in the circumstances to have the foreign fishing vessel bring to, including
(b) be satisfied that the foreign fishing vessel cannot be made to bring to by those means.
- SOR/94-362, s. 2
- SOR/95-136, s. 1
19.5 A protection officer who has met the requirements of section 19.4 shall, before using force referred to in section 19.3,
(a) fire a warning shot or, if the protection officer considers it advisable, a series of warning shots in the vicinity of the foreign fishing vessel but at a safe distance and give the master or other person on board a reasonable opportunity to bring to; and
(b) signal the foreign fishing vessel by Signal SQ 1 and give the master or other person on board a reasonable opportunity to bring to.
- SOR/94-362, s. 2
Return of Prohibited Species
20 The master of a foreign fishing vessel in respect of which a licence has been issued shall, if any fish of a species, size or age specified in the licence as prohibited catch is caught from the vessel, cause that fish to be immediately returned to the water in a manner that causes the least possible harm to that fish.
- SOR/85-527, s. 14
- SOR/94-362, s. 4(F)
- SOR/2017-58, s. 48
Fishing by Foreign Fishing Vessels in the NAFO Regulatory Area
(2) For the purposes of section 5.2 of the Act,
(a) straddling stocks are,
(b) the following classes of foreign fishing vessels are prescribed classes, namely
(c) in respect of a foreign fishing vessel of a class prescribed by subparagraph (b)(ii), prohibitions against fishing for the straddling stocks set out in Table I or II to this section, against preparing to fish for those straddling stocks and against catching and retaining those straddling stocks are hereby prescribed as conservation and management measures; and
(d) in respect of a foreign fishing vessel of a class prescribed by subparagraph (b)(iii), the measures set out in Table V to this section are prescribed conservation and management measures.
TABLE IStraddling Stocks Located in Division 3L, Division 3N or Division 3O
Column I Column II Item Common Name Scientific Name 1 American angler Lophius americanus 2 American plaice Hippoglossoides platessoides 3 American sand lance Ammodytes americanus 4 Atlantic argentine Argentina silus 5 Atlantic cod Gadus morhua 6 Atlantic halibut Hippoglossus hippoglossus 7 Atlantic redfish (Acadian, Golden, Deepwater) Sebastes fasciatus, Sebastes marinus and Sebastes mentella 8 Atlantic wolffish Anarhichas lupus 9 Barndoor skate Raja laevis 10 Greenland halibut Reinhardtius hippoglossoides 11 Haddock Melanogrammus aeglefinus 12 Pollock Pollachius virens 13 Red hake Urophycis chuss 14 Roughhead grenadier Macrourus berglax 15 Roundnose grenadier Coryphaenoides rupestris 16 Silver hake Merluccius bilinearis 17 Spotted wolffish Anarhichas minor 18 Thorny skate Raja radiata 19 White hake Urophycis tenuis 20 Witch flounder Glyptocephalus cynoglossus 21 Yellowtail flounder Limanda ferruginea
Fish Other than Groundfish
Column I Column II Item Common Name Scientific Name 1 Capelin Mallotus villosus 2 Dogfish Squalus acanthias 3 Greenland cockle Serripes groenlandicus 4 Northern sand lance Ammodytes dubius 5 Northern shrimp Pandalus borealis 6 Sharks Squaliformes 7 Short-finned squid Illex illecebrosus
Straddling Stocks in Division 3M
Column I Column II Item Common Name Scientific Name 1 Greenland halibut Reinhardtius hippoglossoides
Item States 1 Cayman Islands
Item States 1. and 2. [Repealed, SOR/95-222, s. 1]
Prescribed Conservation and Management Measures
Item Measure 1 Prohibitions against fishing for, or catching and retaining, Greenland halibut in Division 3L, Division 3M, Division 3N or Division 3O during the period commencing on March 3 and terminating on December 31 in any year. 2
Prohibitions against fishing for, or catching and retaining,
(a) American plaice in Division 3L, Division 3N or Division 3O;
(b) Atlantic cod in Division 3L, Division 3N or Division 3O;
(c) Capelin in Division 3N or Division 3O;
(d) Northern shrimp in Division 3L, Division 3N or Division 3O;
(e) Witch flounder in Division 3N or Division 3O; and
(f) Yellowtail flounder in Division 3L, Division 3N or Division 3O.
Prohibitions, when fishing for any straddling stocks set out in Part A of Table I or in Table II, against fishing with or having on board the foreign fishing vessel a trawl net that has a mesh size, in any part of the net, that is
4 Prohibition against fishing with a trawl net that has any of its meshes obstructed in any manner, other than a manner allowed under section 31 of the Fishery General Regulations. 5
Prohibition against having on board the foreign fishing vessel in Division 3L, Division 3N or Division 3O any
Requirement to keep, and produce on the demand of a protection officer, accurate daily logs that set out
7 Prohibition against removing fishing gear from the water during the 30 minute period after a Signal SQ 3 is sent from a government vessel to the foreign fishing vessel.
- SOR/94-362, s. 3
- SOR/95-136, s. 2
- SOR/95-222, s. 1
- SOR/99-313, s. 3
- SOR/2014-149, s. 5
- SOR/2017-58, s. 49(F)
- Date modified: