Short Title

1 These Regulations may be cited as the Foreign Vessel Fishing Regulations.

Interpretation

• 2 (1) In these Regulations,

  blackcod trap

  blackcod trap or blackcod pot[Revoked, SOR/82-771, s. 1]

  Canadian fisheries waters

  Canadian fisheries waters[Revoked, SOR/93-62, s. 1]

  cod-end

  cod-end means a bag-like extension attached to the after end of the belly of a trawl net and used to retain a catch; (cul de chalut)

  Convention area

  Convention area has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (zone de la Convention)

  Division

  Division has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (division)

  finfish

  finfish[Revoked, SOR/93-62, s. 1]

  Fishing Zone 3

  Fishing Zone 3 means the area of the sea described as such in the Fishing Zones of Canada (Zones 1, 2, and 3) Order; (zone de pêche 3)

  Fishing Zone 4

  Fishing Zone 4 means the area of the sea described as such in the Fishing Zones of Canada (Zones 4 and 5) Order; (Zone de pêche 4)

  Fishing Zone 5

  Fishing Zone 5 means the area of the sea described as such in the Fishing Zones of Canada (Zones 4 and 5) Order; (Zone de pêche 5)

  Fishing Zone 6

  Fishing Zone 6 means the area of the sea described as such in the Fishing Zones of Canada (Zone 6) Order; (Zone de pêche 6)

  flag state

  flag state means a state in which a foreign fishing vessel is registered and a state whose flag a foreign fishing vessel that is not registered in a state is entitled to fly; (État d’immatriculation)

  foreign fishing vessel

  foreign fishing vessel has the same meaning as in the Coastal Fisheries Protection Act; (bâtiment de pêche étranger)

  incidental catch

  incidental catch[Revoked, SOR/94-293, s. 1]

  licence

  licence means a licence issued pursuant to the Coastal Fisheries Protection Regulations; (licence)

  mesh size

  mesh size means in respect of netting

  • (a) in a trawl net, the average of the measurements of any 20 meshes made by inserting into the meshes a flat wedge-shaped gauge having a taper of 2 cm in 8 cm and a thickness of 2.3 mm with a weight of 5 kg attached, and

  • (b) in any other case, the distance between the extreme angles of a single mesh measured inside the knots after being stretched to form two parallel straight lines; (maillage)

  midwater trawl

  midwater trawl means a trawl net that is designed so as not to come into contact with the sea-bed while in operation; (chalut pélagique)

  purse seine net

  purse seine net[Revoked, SOR/82-771, s. 1]

  Regional Director-General

  Regional Director-General[Revoked, SOR/93-62, s. 1]

  sablefish trap

  sablefish trap or sablefish pot means a metal framed enclosure that is covered with netting or expanded metal and has one or more openings through which fish enter the enclosure; (trappe à morue charbonnière ou nasse à morue charbonnière)

  set-line

  set-line means a line that is anchored to the sea-bed and has a series of fish hooks attached; (palangre)

  squid jigger

  squid jigger means a lure that has attached a number of fish hooks arranged radially; (turlutte à calmar)

  Statistical Area

  Statistical Area[Revoked, SOR/82-771, s. 1]

  stock area

  stock area, in respect of a species of fish set out in Column II of an item of Schedule VII, means the stock area set out in Column III of that item and, in respect of a species of fish set out in Column I of an item of Schedule X, means the stock area set out in Column II of that item; (zone de stock)

  Subarea

  Subarea has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (sous-zone)

  Subdivision

  Subdivision has the same meaning as in subsection 2(1) of the Atlantic Fishery Regulations, 1985; (sous-division)

  Sub-Zone

  Sub-Zone means a Sub-Zone described in Schedule I; (sous-secteur)

  trawl net

  trawl net means any large bag net dragged in the sea by a vessel or vessels for the purpose of taking fish; (chalut)

  year

  year means a calendar year. (année)

• (2) A reference in these Regulations to a species or group of species of fish by its common name as set out in Column I of an item of Schedule VIII shall be construed as a reference to the species or group of species whose scientific name is set out in Column II of that item.

• (3) A reference in these Regulations to a quantity of fish by weight shall be construed as a reference to the weight of the fish in a completely unprocessed state.

• (4) and (5) [Revoked, SOR/93-62, s. 1]

PART IAtlantic Coast

Interpretation

3 In this Part,

authorized topside chafer

authorized topside chafer[Revoked, SOR/93-62, s. 2]

extension measure

extension measure[Revoked, SOR/87-185, s. 2]

gill net

gill net means a net by which fish are caught by being enmeshed but that does not enclose an area of water; (filet maillant)

quota

quota[Revoked, SOR/82-771, s. 2]

quota period

quota period[Revoked, SOR/82-771, s. 2]

quota table

quota table[Revoked, SOR/82-771, s. 2]

Regional Director-General

Regional Director-General[Revoked, SOR/82-771, s. 2]

regulated species

regulated species means a species of fish set out in Column II of Schedule III. (espèce réglementée)

Application

4 This Part applies in Canadian fisheries waters adjacent to the Atlantic coast of Canada to

• (a) a foreign fishing vessel other than a foreign fishing vessel engaged exclusively in scientific research; and

• (b) any person on board, being a member of the crew of, attached to or employed on a vessel described in paragraph (a).

Close Time

• 5 (1) Subject to subsections (3) and (5), no person who is on board a foreign fishing vessel of a flag state set out in Schedule II shall fish for or catch and retain fish of a species set out in column I of an item of Schedule X in a stock area set out in column II of that item during the close time set out in column III of that item.

• (2) A close time set out in column III of an item of Schedule X applies individually and separately to each flag state set out in Schedule II.

• (3) Subject to subsection (4), subsection (1) does not apply to a person fishing for squid by means of squid jiggers.

• (4) No person shall fish for squid by means of squid jiggers in

  • (a) Subarea 3 from December 30 to December 31; or

  • (b) Subarea 4 from December 30 to December 31.

• (5) Where, pursuant to subsection (1), fishing for a species of fish is prohibited in a stock area, a person fishing in that stock area for a species of fish other than a species to which the prohibition applies may catch and retain an incidental catch of the prohibited species if the quantity of the incidental catch does not exceed the quantities referred to in section 9.

Swordfish Size Limits

• 5.1 (1) In this section, length, in relation to a swordfish, means the distance, measured in a straight line, from the tip of the lower jaw to the fork of the tail.

• (2) Subject to subsection (3), no person shall be in possession of any swordfish that is less than 125 cm in length.

• (3) Subsection (2) does not apply to a person fishing from a foreign fishing vessel for swordfish under the authority of a licence where

  • (a) the catching of swordfish that are less than 125 cm in length is incidental to the catching of longer swordfish; and

  • (b) the number of swordfish that are less than 125 cm in length that are retained during any one fishing trip does not exceed a fishing quota of 15 per cent of the number of longer swordfish that are retained during that fishing trip.

Tuna Size Limits

• 6 (1) Subject to subsections (2) and (3), no person shall be in possession of any bigeye or yellowfin tuna that weigh less than 3.2 kg.

• (2) Subsection (1) does not apply to a person fishing from a foreign fishing vessel for bigeye tuna under the authority of a licence where

  • (a) the catching of bigeye tuna weighing less than 3.2 kg is incidental to the catching of larger bigeye tuna; and

  • (b) the number of bigeye tuna weighing less than 3.2 kg that are retained during any one fishing trip does not exceed a fishing quota of 15 per cent of the number of larger bigeye tuna that are retained during that fishing trip.

• (3) Subsection (1) does not apply to a person fishing from a foreign fishing vessel for yellowfin tuna under the authority of a licence where

  • (a) the catching of yellowfin tuna weighing less than 3.2 kg is incidental to the catching of larger yellowfin tuna; and

  • (b) the number of yellowfin tuna weighing less than 3.2 kg that are retained during any one fishing trip does not exceed a fishing quota of 15 per cent of the number of larger yellowfin tuna that are retained during that fishing trip.

• (4) No person shall be in possession of any bluefin tuna that weighs less than 30 kg.

7 and 8 [Revoked, SOR/82-771, s. 3]

Incidental Catch Limits

9 Subject to subsection 10(2), where a person is fishing for a species of fish in a stock area under the authority of a licence, that person shall not retain an incidental catch of a species of fish, other than a species set out in the licence, that exceeds a fishing quota of

• (a) in respect of haddock

  • (i) in Division 4VW, one per cent,

  • (ii) in Division 4X, one per cent, and

  • (iii) in Subarea 5, one per cent,

• (b) in respect of cod in Division 4X, one per cent, and

• (c) in respect of any species in any stock area not mentioned in paragraph (a) or (b), 10 per cent

of the weight of the species taken in that stock area under the authority of the licence.

• 10 (1) For the purposes of this section, annual fishing plan means a document that the Minister sends to a flag state setting out the species of fish that vessels of that flag state may be licensed to take in a stock area in a calendar year and the aggregate number of days for which vessels of that flag state may be authorized to fish for those species in that stock area.

• (2) Section 9 does not apply in respect of an incidental catch of a species of fish taken by a vessel of a flag state in a stock area where the aggregate number of fishing days set out in the annual fishing plan for that species in that stock area has not been utilized.

11 and 12 [Revoked, SOR/94-61, s. 1]

13 [Revoked, SOR/87-185, s. 4]

14 [Revoked, SOR/79-715, s. 7]

Closed Areas and Seasons

15 No person shall fish in any part of an area described in Column I of an item of Schedule V during the close time set out in Column II of that item.

16 No person shall fish for or catch capelin inside or shoreward of a line beginning at Cape Freels in the Province of Newfoundland, THENCE to a point at 49°15′N. latitude and 52°54′W. longitude, THENCE to a point 48°20′N. latitude and 52°00′W. longitude, THENCE to a point at 47°28′N. latitude and 52°00′W. longitude, THENCE to a point at 46°42′N. latitude and 52°22′W. longitude, THENCE to a point at 46°12′N. latitude and 52°52′W. longitude, THENCE to a point at 46°12′N. latitude and 54°24′W. longitude and THENCE to Cape St. Mary’s in the Province of Newfoundland.

16.1 No person shall fish with a trawl net for squid, silver hake or argentine in Division 4VWX except in the portion of the Division that is enclosed by straight lines joining the following points, in the order in which they are listed:

16.2 [Revoked, SOR/82-771, s. 5]

17 No person shall, during the period commencing on March 1st and terminating on May 31st in any year, fish with gear that is capable of taking any demersal species of fish in either of the areas bounded by straight lines joining the geographical coordinates set out in Schedule VI, in the order listed in each case.

18 [Revoked, SOR/82-771, s. 6]

19 and 20 [Revoked, SOR/79-715, s. 10]

PART IIPacific Coast

Interpretation

21 In this Part,

gill net

gill net means a net that

• (a) is weighted at its bottom and floated at the surface of the water by a cork line, and

• (b) is used to catch fish by enmeshing them,

but does not enclose an area of water.

Application

22 This Part applies in Canadian fisheries waters adjacent to the Pacific coast of Canada to

• (a) a foreign fishing vessel other than a foreign fishing vessel engaged exclusively in scientific research; and

• (b) any person on board, being a member of the crew of, attached to or employed on a vessel described in paragraph (a).

Close Time

23 No person who is on board a foreign fishing vessel of a flag state set out in column I of an item of Schedule VII shall fish for the species of fish set out in column II of that item in the stock area set out in column III of that item during the close time set out in column V of that item.

24 and 25 [Revoked, SOR/82-771, s. 8]

Incidental Catch Limits

26 Where a person is fishing for Pacific hake in sub-zone 5-1 or 5-2, he shall not catch and retain an incidental catch of a species of fish other than Pacific hake that exceeds 20 per cent of the weight of the Pacific hake on board the vessel or that exceeds:

• (a) in respect of walleye pollock, 10 per cent,

• (b) in respect of rockfish, two per cent,

• (c) in respect of Pacific cod and ling cod in the aggregate, one per cent, or

• (d) in respect of sablefish, one per cent,

of the said weight.

27 [Revoked, SOR/82-771, s. 9]

Gear Restrictions

• 28 (1) No person on board or operating from a foreign fishing vessel of a flag state set out in Column I of an item of Schedule VII shall fish for a species of fish set out in Column II of that item in a stock area set out in Column III of that item except with the gear type set out in Column IV of that item.

• (2) No person shall fish for, or catch and retain, Pacific hake by means of a trawl net that has a mesh size

  • (a) greater than 100 mm or less than 76 mm in the cod-end; or

  • (b) less than 89 mm in any part of the net that is not the cod-end.

• (3) No person fishing for a species of fish other than Pacific hake shall use a trawl net that has a mesh size of less than 89 mm.

PART IIIEnforcement

Powers of Fishery Officers

29 [Revoked, SOR/93-62, s. 11]

Seals and Certificates

• 30 (1) A fishery officer may

  • (a) place a numbered identification mark or seal on any equipment or gear that he has inspected on board a foreign fishing vessel; and

  • (b) where he is of the opinion that equipment or gear on board a foreign fishing vessel that he has inspected is in compliance with these Regulations, issue a certificate of inspection to the master of the vessel setting out

    • (i) the date of the inspection, and

    • (ii) a description of the equipment or gear he has inspected.

• (2) Where a fishery officer has placed a mark or seal on any equipment or gear in accordance with subsection (1), that mark or seal shall not be removed, altered or tampered with by any person other than a fishery officer while the foreign fishing vessel is in Canadian fisheries waters.

31 and 32 [Revoked, SOR/93-62, s. 12]

PART IVGeneral

Avoidance of Set Gear

• 33 (1) The master of a foreign fishing vessel in Canadian fisheries waters shall ensure at all times that there is maintained a distance of at least 1/2 nautical mile between his vessel and any equipment and gear attached thereto and any set fishing gear that has been marked so as to be visible to persons on board vessels navigating in the vicinity.

• (2) For the purposes of this section, set, in respect of fishing gear, means that the fishing gear has been placed in the sea in such manner that

  • (a) each end of the gear is anchored in the sea;

  • (b) one end of the gear is anchored in the sea and the other end of the gear is attached to a fishing vessel;

  • (c) the gear is drifting in the sea; or

  • (d) one end of the gear is drifting free in the sea while the other end of the gear is attached to a fishing vessel.

34 to 37 [Revoked, SOR/93-62, s. 13]