Coastal Fisheries Protection Regulations — 5
urchase supplies at a Canadian port. (1.11) The Minister shall not issue a licence under paragraph (1)(a) or subsection (1.1) unless the Minister determines that the Government of Canada has favourable fisheries relations with the government of the vessel’s flag state and, if the licence relates to a specific fishery, that the Government of Canada has favourable fisheries relations with the government of the vessel’s flag state with respect to that fishery. (1.12) The Minister shall not issue a licence under paragraph (1)(a) or subsection (1.1) if there are reasonable grounds to believe that (a) the vessel is not licensed or otherwise authorized by its flag state to engage in fisheries activities; (b) the vessel is not in compliance with relevant conservation and management measures; (c) the vessel is providing supplies to a foreign fishing vessel that is not in compliance with relevant conservation and management measures; (d) the proposed activity is not compatible with or will undermine relevant conservation and management measures; or (e) the proposed activity is not consistent with the sustainable use of fisheries resources or will contribute to excess harvesting or processing capacity. (1.2) The Minister shall, on receipt of an application for a licence and in accordance with the Procès-Verbal applying the March 27, 1972 Agreement between Canada and France on their Mutual Fishing Relations , signed on December 2, 1994, issue a licence authorizing a French fishing vessel and its crew to enter Canadian fisheries waters for any of the purposes set out in that Procès-Verbal. (1.3) The Minister shall, on receipt of an application for a licence and in accordance with the Treaty between the Government of Canada and the Government of the United States of America on Pacific Coast Albacore Tuna Vessels and Port Privileges , signed on May 26, 1981, issue a licence authorizing a United States fishing vessel and its crew to enter Canadian fisheries waters for any of the purposes set out in that Treaty. (1.4) The Minister shall, on receipt of an application for a licence and in accordance with the Convention between Canada and the United States of America for the Extension of Port Privileges to Halibut Fishing Vessels on the Pacific Coasts of the United States of America and Canada , signed on March 24, 1950, issue a licence authorizing a United States fishing vessel and its crew to enter Canadian fisheries waters for any of the purposes set out in that Convention. (1.5) The Minister may refuse to issue a licence referred to in any of subsections (1.2) to (1.4) if he or she determines that one of the circumstances set out in paragraphs (1.12)(a) to (e) applies and that the flag state has taken insufficient measures to remedy the situation. (1.6) [Repealed, SOR/99-474, s. 1] (2) The fees payable for a licence issued pursuant to this section are as set out in Schedule I. (3) The licence fees for foreign fishing vessels shall be paid within 45 days from the date of billing. (4) The Minister may, at the request of the master of a foreign fishing vessel that is in Canadian fisheries waters in the circumstances referred to in section 14 or 15, issue a licence authorizing that vessel and its crew to engage in all or any of the activities described in subparagraphs (1)(a)(vi) to (xi) and paragraph (1)(b). SOR/78-447, s. 1; SOR/78-795, s. 1; SOR/79-138, s. 1; SOR/79-713, s. 4; SOR/80-186, s. 1; SOR/85-527, s. 3; SOR/86-939, s. 2; SOR/94-362, ss. 4(F), 5(F); SOR/94-444, s. 1; SOR/95-261, s. 1; SOR/95-356, s. 1; SOR/96-309, s. 1; SOR/98-410, s. 1; SOR/99-474, s. 1; SOR/2000-36, s. 1; SOR/2001-204, s. 1; SOR/2003-391, s. 1; SOR/2014-149, s. 3 SOR/2019-218, s. 3