Protecting Coastal Fisheries

Act: Coastal Fisheries Protection Act, R.S.C. 1985, c. C-33
Regulation: Coastal Fisheries Protection Regulations, C.R.C.

To Whom Does This Apply?

Owners and masters of foreign fishing vessels that operate within Canadian fisheries waters or, in some cases, the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area or other designated areas of the sea. The Act also applies to Canadian fishing vessels that bring into Canadian fisheries waters fish received outside Canadian fisheries waters from a foreign fishing vessel.

Summary

The Coastal Fisheries Protection Act governs:

• access of foreign fishing vessels to Canadian ports and Canadian fisheries waters;
• the inspection, arrest, seizure and forfeiture of foreign fishing vessels and goods;
• offences by and punishment of the master or commander of a foreign fishing vessel in Canadian fisheries waters; and
• the application of criminal law, and the jurisdiction of Canadian courts in the above matters.

The Coastal Fisheries Protection Regulations explain the requirements for the following:

• licences (requirements, exceptions, applications, terms and conditions, suspension and cancellation) for access to Canadian ports and Canadian fisheries waters;
• requirements of the masters of foreign fishing vessels operating under the authority of a licence;
• Canadian vessels that land fish received from foreign vessels;
• communications signals;
• the use of force by protection officers;
• the return of prohibited species of fish to the water when caught by a licensed foreign vessel; and
• measures that apply to certain foreign fishing vessels in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area and other designated areas of the sea.

Application Process

• obtain the applicable form from Fisheries and Oceans Canada (DFO) and provide the required information;
• the representative of the flag State (that is, the State where the ship is registered) of the foreign fishing vessel completes the application and files it with DFO at the Regional Headquarters office which is responsible for issuing the licences for that flag State;
• the application must be filed at least 30 days before the first day on which the licence is required;
• the following information must be provided with the application form:
  • the name and description of the vessel, its equipment and number of crew members;
  • the flag State and home port of the vessel;
  • the name of the owner and master of the vessel and, if applicable, its charterer;
  • the side number of the vessel, its radio frequencies and call sign;
  • a description of the purpose and the period for which the licence is required;
  • the name and address of a person living in Canada having a permanent office or establishment in Canada who is authorized by the flag State to represent that flag State for providing liaison with officials of the Government of Canada;
  • a description of the proposed purpose and the period for which the licence is required; and
  • any other information the Minister considers necessary to complete the information provided by the applicant;
• the application may be made on behalf of a pair of ships, one of which will be known as the "command" vessel.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact.

National Contact(s):
Director
Legislative and Regulatory Affairs
Fisheries and Oceans Canada
Centennial Towers
200 Kent Street
Station 14-E-241
Ottawa, Ontario  K1A 0E6
Telephone: 613-993-2361
Fax: 613-990-2811
TTY (hearing impaired): 613-941-6517
E-mail: ra-ar@dfo-mpo.gc.ca
Web site: http://www.dfo-mpo.gc.ca/home-accueil_e.htm
Hours of operation: 8 a.m. to 8 p.m., Monday to Friday (Eastern Time).