GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Coastal Fisheries Protection Regulations — Coastal Fisheries Protection Regulations
Signal L means the signal prescribed in the International Code of Signals to mean “You should stop your vessel instantly.”; ( signal L )
Coastal Fisheries Protection Regulations — Coastal Fisheries Protection Regulations
Signal SQ 1 means the signal prescribed in the International Code of Signals to mean “You should stop or heave to, otherwise I shall open fire on you.”; ( signal SQ 1 )
Coastal Fisheries Protection Regulations — Coastal Fisheries Protection Regulations
Signal SQ 3 means the signal prescribed in the International Code of Signals to mean “You should stop, or heave to; I am going to board you”.; ( signal SQ 3 )
Coastal Fisheries Protection Regulations — Coastal Fisheries Protection Regulations
sport fishing means fishing for pleasure and not for sale or barter; ( pêche sportive )
Coastal Fisheries Protection Regulations — Coastal Fisheries Protection Regulations
Subarea has the same meaning as the Atlantic Fishery Regulations ; ( sous-zone )
Coastal Fisheries Protection Regulations — Coastal Fisheries Protection Regulations
WCPFC means the Western and Central Pacific Fisheries Commission established in accordance with the WCPF Convention; ( CPPOC )
Coastal Fisheries Protection Regulations — Coastal Fisheries Protection Regulations
WCPF Convention means the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean; ( Convention PPOC )
Coastal Fisheries Protection Regulations — Coastal Fisheries Protection Regulations
WCPFC Measures means the Conservation and Management Measures adopted by the WCPFC; ( mesures de la CPPOC )
Coastal Fisheries Protection Regulations — Coastal Fisheries Protection Regulations
WCPFC Regulatory Area means the area described in Part 2 of Schedule 2. ( zone de réglementation de la CPPOC )
Coastal Fisheries Protection Regulations — 3
3 For the purposes of subsections 7.6(4), 9(3), 16.01(2) and 16.2(3) of the Act, the prescribed period is three working days. SOR/99-313, s. 2 SOR/2019-218, s. 1
Coastal Fisheries Protection Regulations — 4
4 The following fisheries management organizations are prescribed for the purpose of paragraphs 5.6(1)(b) and (2)(b) of the Act: (a) the Indian Ocean Tuna Commission; (b) the Commission for the Conservation of Southern Bluefin Tuna; (c) the General Fisheries Commission for the Mediterranean; (d) the North-East Atlantic Fisheries Commission; (e) the South Pacific Regional Fisheries Management Organization; (f) the South East Atlantic Fisheries Organization; and (g) the Southern Indian Ocean Fisheries Agreement. SOR/2019-218, s. 2
Coastal Fisheries Protection Regulations — 5.1
5.1 (1) The Minister may, further to an order made by the flag state, issue a permit authorizing a foreign fishing vessel and its crew to enter Canadian fisheries waters for the purpose of verifying compliance with a law, measure or treaty referred to in subparagraph 6(a)(iii) of the Act. (2) If the Minister issues a permit under subsection (1), he or she must advise both the flag state and the foreign fishing vessel and inform them of the permit’s conditions. SOR/2019-218, s. 4
Coastal Fisheries Protection Regulations — 6
6 (1) Subject to subsection (3), the representative of the flag state of a foreign fishing vessel mentioned in paragraph 7(f) may apply for a licence referred to in section 5 in respect of that vessel and its crew by filing an application, signed by the representative, at the regional headquarters of the Department of Fisheries and Oceans responsible for issuing such licences for that flag state. (2) An application referred to in subsection (1) shall be filed not less than 30 days prior to the first day on which the licence is required except that the Minister may, in order to prevent hardship, accept an application at any time. (3) Where an application for a licence is in respect of a foreign fishing vessel that is under a charter to (a) an individual resident and domiciled in Canada, (b) a corporation incorporated under the laws of Canada or a province, or (c) Her Majesty in right of Canada or a province, the application shall be signed by the charterer who shall, in respect of that vessel, be regarded as the representative designated pursuant to paragraph 7(f). SOR/80-186, s. 2; SOR/85-527, s. 4; SOR/94-362, s. 4(F)
Coastal Fisheries Protection Regulations — 7
7 The following information shall be furnished and forwarded with an application referred to in subsection 6(1) in respect of a foreign fishing vessel: (a) the name and description of the vessel, its equipment and complement; (b) the flag state and home port of the vessel; (c) the name of the owner and master of the vessel and, where applicable, its charterer; (d) the side number of the vessel, its radio frequencies and call sign; (e) a description of the proposed purpose and the period for which the licence is required; (f) the name and address of a person resident in Canada having a permanent office or establishment in Canada who is authorized by the flag state to represent that flag state for the purpose of providing liaison with the appropriate officials of the Government of Canada; (f.1) in the case of an application for a licence referred to in paragraph 5(1)(a) or subsection 5(1.1), any information or document that is relevant to the matters referred to in paragraphs 5(1.12)(a) to (e); (f.2) any information that is required by Annex A to the Port State Measures Agreement; and (g) any information the Minister considers necessary to clarify or complete the information furnished by the applicant. SOR/80-186, s. 3; SOR/85-527, s. 5; SOR/94-362, s. 4(F); SOR/98-410, s. 2; SOR/99-474, s. 2; SOR/2003-391, s. 2 SOR/2019-218, s. 5
Coastal Fisheries Protection Regulations — 7.1
7.1 (1) An application for a licence may be made on behalf of pair trawlers and shall contain the information required by section 7 in respect of both vessels. (2) Where a licence is issued in respect of pair trawlers, it shall be issued in respect of the vessel designated in the application as the command vessel and shall be carried on board that vessel. SOR/79-713, s. 5; SOR/94-362, s. 4(F)
Coastal Fisheries Protection Regulations — 8
8 (1) Every licence shall (a) apply only to the foreign fishing vessel described therein and where applicable to the crew of that vessel; (b) be valid only for the period specified therein; and (c) cease to be valid on any change in the flag state registry or ownership of the vessel described in the licence. (2) [Repealed, SOR/85-527, s. 6] (3) The Minister may amend any provision in the licence on receipt of an application from the person referred to in paragraph 7(f) or, if an error has been made in the licence, on his or her own initiative. (4) An application referred to in subsection (3) shall be filed not less than 14 days prior to the first day on which the amendment is required except that the Minister may, in order to prevent hardship, accept an application at any time. (5) An amendment referred to in subsection (3) is not binding on the master of the vessel to which the licence applies until it is received by the representative in Canada designated pursuant to paragraph 7(f). (6) The fees payable for amendment of a licence issued pursuant to subsection (3) are set out in Schedule I. SOR/79-713, s. 6; SOR/80-186, s. 4; SOR/85-527, s. 6; SOR/94-362, s. 4(F); SOR/2017-58, s. 43
Coastal Fisheries Protection Regulations — 9
9 (1) Subject to subsection (2), every licence shall be kept on board the foreign fishing vessel described in the licence while that vessel is in Canadian fisheries waters and shall be produced for examination by a protection officer at his request. (2) Where a licence has been issued but not delivered, a Regional Director-General shall authorize the foreign fishing vessel described in the licence to enter Canadian fisheries waters and proceed directly to the Canadian port designated by him for the purpose of obtaining the licence if (a) 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) the master of the vessel complies with any direction given to him by a protection officer. SOR/85-527, s. 7; SOR/86-939, s. 3; SOR/94-362, ss. 4(F), 5(F), 7(F)
Coastal Fisheries Protection Regulations — 11
11 (1) Every licence or permit in respect of a foreign fishing vessel is subject to the following terms and conditions: (a) [Repealed, SOR/85-527, s. 8] (b) the vessel and its crew shall engage only in the activities that are authorized by the licence or permit; (c) the activities authorized by the licence or permit shall be carried out only at the times and in the areas of Canadian fisheries waters or ports specified in the licence or permit; (d) where fishing is authorized by the licence (i) the crew of the vessel shall fish only for a species of fish specified in the licence, (ii) the crew of the vessel shall not catch and retain any fish of a species, size or age specified in the licence as prohibited catch and any prohibited catch shall be returned to the water, alive if possible, (iii) and (iv) [Repealed, SOR/79-713, s. 8] (v) the crew of the vessel shall fish only by means of fishing equipment and gear of a type specified in the licence, and (vi) if a quantity of gear and equipment is specified in the licence, the crew of the vessel shall not fish with a quantity of gear and equipment that exceeds that specified quantity; (e) where the transporting of fish from fishing grounds is authorized by the licence (i) only the species and quantities of fish specified in the licence shall be taken on board the vessel for that purpose, (ii) the fish may be taken on board only from vessels of a class specified in the licence, and (iii) the master of the vessel shall cause written records to be maintained on a daily basis of the fish taken on board the vessel for transportation; (f) and (g) [Repealed, SOR/85-527, s. 8] (h) the vessel shall have on board at all times during the period it is in Canadian fisheries waters equipment and gear, including communications equipment, described in the licence or permit as “required equipment”; (i) [Repealed, SOR/85-527, s. 8] (j) [Repealed, SOR/82-289, s. 1] (k) and (l) [Repealed, SOR/85-527, s. 8] (m) where the Minister requests the flag state of the vessel to carry out, from time to time, a program of sampling, observation or research in connection with fisheries in Canadian fisheries waters, the master shall comply with instructions issued to him by the authorized officials of that flag state in respect of that program; (n) to (t) [Repealed, SOR/85-527, s. 8] (u) the master or crew of the vessel shall not carry out any activity in any area of Canadian fisheries waters that is contrary to the Fisheries Act or regulations made under that Act. (2) The master of a foreign vessel in respect of which a licence or permit has been issued shall not contravene or fail to comply with any condition of that licence or permit. SOR/79-713, s. 8; SOR/82-289, s. 1; SOR/85-527, s. 8; SOR/94-362, ss. 4(F), 5(F); SOR/2017-58, s. 44 SOR/2019-218, s. 7
Coastal Fisheries Protection Regulations — 12
 instructions contained in that log book (i) fully and accurately complete that log book on a daily basis, and (ii) provide the Regional Director-General with a copy of the information entered in that log book; (k) send the original of the log book required to be completed under paragraph (j) (i) upon request, to a protection officer or a Regional Director-General as soon as the request is made, or (ii) where a request has not been made under subparagraph (i), to the Regional Director-General designated in the licence not later than 60 days after the expiration date of the licence; (l) cause reports to be made containing the information specified, at the times specified, to the persons specified and by the means specified in the licence; (m) while in Canadian fisheries waters, at the request of a Regional Director-General or a protection officer proceed forthwith to the place at sea or the port specified in the request for the purpose of inspection; and (n) ensure that the vessel at all times while in Canadian fisheries waters is flying the flag of its flag state. (2) The master of a foreign fishing vessel in respect of which a licence has been issued shall not operate that vessel for fishing or cause it to be operated for fishing unless the side number specified in the licence is painted on the vessel or affixed permanently to the vessel by some other means and (a) is legible and visible from an aircraft in flight, another vessel or the shore; (b) is in solid block Arabic numerals without ornamentation; (c) is white on a black background or black on a white background; (d) is in alignment and in a horizontal line; and (e) is located on the vessel and in dimensions specified in the table to this subsection. TABLE Column I Column II Column III Column IV Column V Column VI Item Overall Length of Vessel Height of Numerals and Letters Width of Numerals and Letters Thickness of Line of Numerals and Letters Spacing of Numerals and Letters and Width of Border * Location on Vessel 1 Less than 30.48 m 50 cm 15 cm 5 cm 5 cm As high as practical on both sides of superstructure and as high as practical on the superstructure facing directly upwards. 2 30.48 m or more 1 m 30 cm 10 cm 10 cm As high as practical on both sides of superstructure and as high as practical on the superstructure facing directly upwards. * Space between extremities of numerals and the outer edge of the black or white background, where the part of the vessel on which the number is located is not painted black or white. SOR/78-795, s. 2; SOR/81-976, s. 1; SOR/85-527, s. 9; SOR/86-939, s. 4; SOR/89-29, s. 1; SOR/94-362, ss. 4(F), 5(F), 7(F); SOR/96-390, s. 1(F); SOR/2003-137, s. 1; SOR/2017-58, s. 45
Coastal Fisheries Protection Regulations — 12.1
12.1 (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
Coastal Fisheries Protection Regulations — 13
13 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)
Coastal Fisheries Protection Regulations — 13.01
13.01 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
Coastal Fisheries Protection Regulations — 13.02
13.02 (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
Coastal Fisheries Protection Regulations — 13.03
13.03 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
Coastal Fisheries Protection Regulations — 13.04
13.04 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
Coastal Fisheries Protection Regulations — 13.05
13.05 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
Coastal Fisheries Protection Regulations — 13.06
13.06 (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
Coastal Fisheries Protection Regulations — 13.1
13.1 (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)
Coastal Fisheries Protection Regulations — 14
14 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
Coastal Fisheries Protection Regulations — 15
15 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
Coastal Fisheries Protection Regulations — 16
16 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)
Coastal Fisheries Protection Regulations — 18
18 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
Coastal Fisheries Protection Regulations — 18.1
18.1 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
Coastal Fisheries Protection Regulations — 19
19 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
Coastal Fisheries Protection Regulations — 19.1
19.1 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
Coastal Fisheries Protection Regulations — 19.2
19.2 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
Coastal Fisheries Protection Regulations — 19.3
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
Coastal Fisheries Protection Regulations — 19.4
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 (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
Coastal Fisheries Protection Regulations — 19.5
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