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

Regulations are current to 2020-05-04 and last amended on 2019-06-17. Previous Versions

Use of Force

 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

 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

    • (i) interrupting the fishing operations of the vessel, including cutting the warps of a trawl net being towed by the vessel, and

    • (ii) boarding the vessel; and

  • (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

 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

 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

  •  (1) [Repealed, SOR/99-313, s. 3]

  • (2) For the purposes of section 5.2 of the Act,

    • (a) straddling stocks are,

      • (i) in Division 3L, Division 3N and Division 3O, the stocks of fish set out in Table I to this section, and

      • (ii) in Division 3M, the stocks of fish set out in Table II to this section;

    • (b) the following classes of foreign fishing vessels are prescribed classes, namely

      • (i) [Repealed, SOR/99-313, s. 3]

      • (ii) foreign fishing vessels that fly the flag of any state set out in Table III to this section, and

      • (iii) foreign fishing vessels that fly the flag of any state set out in Table IV to this section;

    • (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

    PART A

    Groundfish

    Column IColumn II
    ItemCommon NameScientific Name
    1American anglerLophius americanus
    2American plaiceHippoglossoides platessoides
    3American sand lanceAmmodytes americanus
    4Atlantic argentineArgentina silus
    5Atlantic codGadus morhua
    6Atlantic halibutHippoglossus hippoglossus
    7Atlantic redfish (Acadian, Golden, Deepwater)Sebastes fasciatus, Sebastes marinus and Sebastes mentella
    8Atlantic wolffishAnarhichas lupus
    9Barndoor skateRaja laevis
    10Greenland halibutReinhardtius hippoglossoides
    11HaddockMelanogrammus aeglefinus
    12PollockPollachius virens
    13Red hakeUrophycis chuss
    14Roughhead grenadierMacrourus berglax
    15Roundnose grenadierCoryphaenoides rupestris
    16Silver hakeMerluccius bilinearis
    17Spotted wolffishAnarhichas minor
    18Thorny skateRaja radiata
    19White hakeUrophycis tenuis
    20Witch flounderGlyptocephalus cynoglossus
    21Yellowtail flounderLimanda ferruginea

    PART B

    Fish Other than Groundfish

    Column IColumn II
    ItemCommon NameScientific Name
    1CapelinMallotus villosus
    2DogfishSqualus acanthias
    3Greenland cockleSerripes groenlandicus
    4Northern sand lanceAmmodytes dubius
    5Northern shrimpPandalus borealis
    6SharksSqualiformes
    7Short-finned squidIllex illecebrosus

    TABLE II

    Straddling Stocks in Division 3M

    Column IColumn II
    ItemCommon NameScientific Name
    1Greenland halibutReinhardtius hippoglossoides

    TABLE III

    States

    ItemStates
    1Cayman Islands

    TABLE IV

    States

    ItemStates
    1. and 2.[Repealed, SOR/95-222, s. 1]

    TABLE V

    Prescribed Conservation and Management Measures

    ItemMeasure
    1Prohibitions 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.

    3

    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

    • (a) in the case of a net made from Caprolan, Dederon or Kapron, less than 120 mm; and

    • (b) in any other case, less than 130 mm.

    4Prohibition 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

    • (a) Atlantic cod less than 41 cm in fork length; or

    • (b) American plaice or Yellowtail flounder less than 25 cm in total length.

    6

    Requirement to keep, and produce on the demand of a protection officer, accurate daily logs that set out

    • (a) all catches, by species and area of capture; and

    • (b) all production, by species and product form.

    7Prohibition 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)
 
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