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| Entry of
foreign
fishing vessels
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30. No foreign fishing vessel shall enter
Canada or the exclusive economic zone of
Canada for any purpose
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(a) except in accordance with a licence; or
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(b) unless authorized by the regulations,
any other law of Canada or a treaty.
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| Fishing
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31. (1) No foreign fishing vessel shall,
except in accordance with a licence or unless
authorized by the regulations or any other law
of Canada or a treaty, engage in any of the
following activities in Canadian waters or the
exclusive economic zone of Canada:
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(c) unloading, landing or transhipping any
fish, outfit or supplies;
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(d) shipping or discharging any crew
member or other person; or
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(e) buying or obtaining bait or any supplies
or outfits.
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| Fishing for
sedentary
species
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(2) No foreign fishing vessel shall, except
under a licence or unless authorized by the
regulations or any other law of Canada or a
treaty, engage in fishing for a sedentary
species on the continental shelf of Canada.
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| Importation of
fish
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32. No Canadian fishing vessel shall,
except under a licence or unless authorized by
the regulations, bring into Canada or the
exclusive economic zone of Canada fish
received outside Canada and the exclusive
economic zone of Canada from a foreign
fishing vessel.
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| Purpose
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33. Parliament, recognizing
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(a) that straddling stocks on the Grand
Banks of Newfoundland are a major
renewable world food source having
provided a livelihood for centuries to
persons engaged in fishing,
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(b) that those stocks are threatened with
extinction,
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(c) that there is an urgent need for all fishing
vessels to comply both in Canada and in the
exclusive economic zone of Canada and in
the NAFO Regulatory Area with sound
conservation and management measures
for those stocks, notably those measures
that are taken under the Convention on
Future Multilateral Cooperation in the
Northwest Atlantic Fisheries, done at
Ottawa on October 24, 1978, Canada Treaty
Series 1979 No. 11, and
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(d) that some foreign fishing vessels
continue to fish for those stocks in the
NAFO Regulatory Area in a manner that
undermines the effectiveness of sound
conservation and management measures,
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declares that the purpose of section 34 is to
enable Canada to take urgent action necessary
to prevent further destruction of those stocks
and to permit their rebuilding, while
continuing to seek effective international
solutions to the situation referred to in
paragraph (d).
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| NAFO
Regulatory
Area
|
34. No foreign fishing vessel of a prescribed
class shall, in the NAFO Regulatory Area, fish
for a straddling stock in contravention of any
of the prescribed conservation and
management measures.
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| Fishing
vessels
without
nationality
|
35. No fishing vessel without nationality
shall fish for a prescribed species of fish on a
prescribed area of the high seas.
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| Provisioning
in Canadian
waters
|
36. (1) No fishing vessel shall provision a
foreign fishing vessel, other than a vessel that
is in distress, in Canadian waters or in the
exclusive economic zone of Canada, where
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(a) the foreign fishing vessel is not
authorized to enter those waters; or
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(b) the foreign fishing vessel is engaged in
any of the activities referred to in
subsection 31(1) in those waters without
being authorized to do so.
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| Continental
shelf
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(2) No Canadian fishing vessel shall
provision a foreign fishing vessel, other than
a vessel that is in distress, on the continental
shelf of Canada, where the foreign fishing
vessel is engaged in fishing referred to in
subsection 31(2) in those waters without a
licence or without being authorized to do so by
the regulations or any other law of Canada or
a treaty.
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| NAFO
Regulatory
Area
|
(3) No Canadian fishing vessel shall, in the
NAFO Regulatory Area, provision a foreign
fishing vessel, other than a vessel that is in
distress, unless the foreign fishing vessel is
flying a flag of a NAFO member state that is
set out in a list established by the regulations.
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| Application of
criminal law
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37. An act or omission that, if it occurred in
Canada, would be an offence under a federal
law, within the meaning of subsection 2(1) of
the Canadian Laws Offshore Application Act,
is deemed to have been committed in Canada
if it occurs, in the course of enforcing this Act,
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(a) in the NAFO Regulatory Area on board
or by means of a foreign fishing vessel, on
board or by means of which a contravention
of section 34, 35 or 36 has been committed;
or
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(b) in the course of continuing pursuit that
commenced while a foreign fishing vessel
was in Canada, the exclusive economic
zone of Canada or the NAFO Regulatory
Area.
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| Exercising
powers of
arrest, entry,
etc.
|
38. (1) Every power of arrest, entry, search
or seizure or other power that could be
exercised in Canada with respect to an act or
omission referred to in section 37 may be
exercised, in the circumstances referred to in
that section,
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(a) on board the foreign fishing vessel; or
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(b) where pursuit has been commenced, on
any area of the sea, other than an area of the
sea that forms part of the territorial sea or
internal waters of another state.
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| Arrest, search,
seizure, etc.
|
(2) A justice or judge in any territorial
division in Canada has jurisdiction to
authorize an arrest, entry, search or seizure or
an investigation or other ancillary matter
related to an offence referred to in section 37
in the same manner as if the offence had been
committed in that territorial division.
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| Attorney
General of
Canada
|
(3) Where an act or omission that is an
offence by virtue only of section 37 is alleged
to have been committed on board or by means
of a vessel that is registered or licensed under
the laws of a state other than Canada, the
powers referred to in subsection (1) may not
be exercised outside Canada with respect to
that act or omission without the consent of the
Attorney General of Canada.
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| Territorial
division
|
(4) A proceeding in respect of
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(a) an offence consisting of a contravention
of section 34, 35 or 36, or
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(b) an act or omission referred to in section
37,
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that is committed outside Canada may,
whether or not the accused is in Canada, be
commenced in any territorial division in
Canada, and the accused may be tried and
punished for that offence in the same manner
as if the offence had been committed in that
territorial division.
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| Persons who
may be
required to
provide
information
|
39. (1) The following persons shall, in
accordance with the regulations, the licences
or leases held by them or any instructions of a
fishery officer or fishery guardian, keep the
information, records, books of account or
other documents described in subsection (2):
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(a) any person who engages in fishing;
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(b) any person who buys fish for the purpose
of resale;
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(c) any owner, operator or manager of an
enterprise that catches, cultures, processes
or transports fish;
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(d) any person who provides services to
recreational fishers; and
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(e) any agent or employee of a person
referred to in any of paragraphs (a) to (d).
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| Information
that may be
required
|
(2) The information, records, books of
account or other documents referred to in
subsection (1) are information, records, books
of account or other documents relating to any
of the following matters:
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(a) the number, quantity, sex, size, weight,
species, product form, value or other
particulars of any fish caught, cultured,
processed, transported, sold or purchased;
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(b) the time and place at which any fish was
caught or landed and the person, enterprise
or fishing vessel by which the fish was
caught or landed;
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(c) the time and place at which any fish was
purchased and the person, enterprise or
fishing vessel from which the fish was
purchased;
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(d) the fishing vessels, gear and methods
used and the number of persons employed
for the purpose of fishing;
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(e) the buildings, equipment, products and
methods used and the number of persons
employed for the purpose of culturing or
processing fish; and
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(f) any other matter relating to the
management and control of fisheries or the
conservation and protection of fish.
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| Provision of
information,
etc.
|
(3) A person who is required by this section
to keep information, records, books of account
or other documents shall provide any such
information to the fishery officer or fishery
guardian, or any authority designated by the
officer or guardian, or by the regulations,
licence or lease, within a reasonable time after
a request is made by the officer, guardian or
authority or as required by the regulations or
the conditions of the licence or lease.
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| Exemption for
law
enforcement
activities
|
40. The Minister may, on any terms and
conditions that the Minister considers
necessary, exempt persons who are carrying
out duties or functions under this Part from the
application of any provision of this Part or the
regulations made under this Part.
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| Regulations
|
41. (1) The Governor in Council may make
regulations for carrying out the purposes and
provisions of this Part and in particular, but
without restricting the generality of the
foregoing, may make regulations
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(a) for the proper management and control
of fisheries;
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(b) respecting the conservation and
protection of fish;
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(c) respecting the catching, loading,
landing, handling, transporting, possession,
processing and disposal of fish;
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(d) respecting the operation of fishing
vessels;
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(e) respecting the use of fishing gear and
equipment;
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(f) respecting the marking, identification
and tracking of fishing vessels;
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(g) respecting the designation of persons as
observers, their duties and their carriage on
board fishing vessels;
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(h) prohibiting fishing or other related
activities without a licence and respecting
the issuance of licences;
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(i) where a closed time, fishing quota or
limit on the size or weight of fish has been
fixed in respect of an area, authorizing
persons engaged or employed in the
administration or enforcement of this Act to
vary the closed time, fishing quota or limit
in respect of that area or any portion of that
area;
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(j) respecting the entering into of fisheries
management agreements, including the
obtaining of any approvals required for
those agreements;
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(k) respecting the export of fish from
Canada and the import of fish into Canada;
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(l) respecting the harvesting of marine
plants in waters in Canada that are not
within a province;
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(m) prescribing the fees that may be charged
by Her Majesty in right of Canada with
respect to the issuance of licences and the
granting of leases, including the variation
or rescission of, or addition to, conditions of
a licence on the application of the holder;
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(n) authorizing the destruction of fish by
any means other than fishing;
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(o) authorizing foreign fishing vessels to
enter Canada or the exclusive economic
zone of Canada
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(i) to engage in any activity referred to in
subsection 31(1), or
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(ii) for any purpose specified in the
regulations;
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(p) authorizing Canadian fishing vessels to
bring into Canada or the exclusive
economic zone of Canada fish received
outside Canada and the exclusive economic
zone of Canada from foreign fishing
vessels;
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(q) prescribing classes of foreign fishing
vessels and conservation and management
measures for the purposes of section 34;
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(r) prescribing species of fish and areas of
the high seas for the purposes of section 35;
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(s) establishing the list referred to in
subsection 36(3); and
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(t) prescribing any other thing that by this
Part is to be or may be prescribed.
|
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| Repeal
|
(2) Paragraph (1)(i) is repealed on a day to
be fixed by order of the Governor in Council.
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