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Canada

Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
* Canada 12 mi (1970) 200 mi (1977) -


Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-

STATE Licence fees, royalties and others local currency Requirements concerning bilateral framework agreements or joint venture participation Nationality criteria for fishing vessels
CANADA   AGREEMENTS
Fishery Agreement of 1993 Canada/EEC under exchange of letters

Community vessels allowed to negotiate with Canadian firms, commercial agreements concluded within development and fisheries programmes, in compliance with Canadian governmental policies.
(Council Regulation No. 3675/93 of 20 December 1993)
Note: Not yet in force on June 1995
LEGISLATION
Local fishing vessel
defined as (a) fishing vessel registered or licensed in Canada or not required to be licensed or registered and not licensed or registered elsewhere; and (b) owned by Canadian citizens or persons resident and domiciled in Canada and having principal place of business in Canada.
(Coastal Fisheries Protection Act, 1970. sect. 2)
Vessel without nationality defined as foreign fishing vessel (1) not registered in any State; (2) without visible identification markings; (3) flying flag in an unlawful way.
(Coastal Fisheries Protection Regulation as amended in 1994)


Table C: -Coastal State requirements for foreign fishing-

STATE Foreign fishing vessel licence conditions
(other than reporting requirements) including observers, bonds, etc.
Logbook, and reporting requirements foreign fishing
CANADA LEGISLATION
-No person, being aboard a foreign fishing vessel of a prescribed class, shall fish or prepare to fish for a straddling stock in contravention of any of the prescribed conservation and management measures, in the NAFO Regulatory Area.
-Prohibition applies to classes of vessels, and species of straddling stocks, determined by the Governor.
(Coastal Protection Fisheries Act as amended in 1994)
-Legal agents or representatives of owner to be maintained in Canada during period of fishing operations.
-Master to respect licence conditions regarding permitted quotas, minimum size of fish to be caught, discards, etc.
-Fishing gear to be stowed while vessel is within an area where it is not authorized to fish.
-Vessel must have required equipment, including communication equipment.
-Observers must be allowed on board and provided with necessary facilities.
-Vessels must display required identification markings.
-Vessels must carry out agreed research and sampling programs.
-Classes of foreign fishing vessels prohibited from fishing straddling stocks are:
(1) vessels without nationality; and (2) vessels flying the flag of Belize, Cayman Islands, Honduras, Panama, Saint-Vincent and the Grenadines, Sierra Leone.
(Coastal Fisheries Protection Regulations as amended in 1994)
-Other licence conditions relate to the following: (1) designation of Regional Director-General; (2) authorized activities; (3) directed fisheries; (4) authorized fishing gear and equipment; and (5) prohibited catches.
(Guidelines for Foreign Fishing Vessels Fishing National Allocations 1983)
Note: New Ocean Act 1995 has been adopted

AGREEMENTS
Memorandum of Understanding between the Government of Canada and Lithuania, on mutual fisheries relations, 15 May 1992.

-Lithuanian authorities to comply with Canadian conservation measures of straddling stocks, adopted to ensure consistency between measures applying outside 200 m. and Canadian measures inside 200 m.
-Licensed vessels fishing in NAFO Regulatory Area to allow boarding and inspection of respective enforcement authorities.
-Protection officers may board and inspect any fishing vessel found in Canadian fisheries zones or NAFO regulatory Area.
Fishery Agreement of 1993 between Canada and EEC under exchange of letters
-Parties may comply with NAFO's policy and measures.
-Cod stock from zone 2J3KL to be yearly evaluated by NAFO which grants the parties 5% of the TAC yearly defined by Canada.
Note: Not yet in force on June 1995
(Council Regulation No. 3675/93 of 20 December 1993)

LEGISLATION
-Master or agent to notify Regional Director General of estimated time of entry into Canadian fishery waters 24 hours in advance, along with location of entry and approximate schedule of activities and estimated time of departure (not less than 72 hours in advance).
-Daily written records (fishing logbooks) must be maintained of fish caught, effort, transhipments/fish transported, fish processed.
-Master must transmit records:
(a) when requested during term of licence, to protection officer or Regional Director General;
(b) not later than 60 days after expiration of licence
-Master or agent to notify Regional Director General of estimated time of entry into Canadian port at least 24 hours in advance.
-Master to report position, activities, catch statistics, transhipments, etc. as required in licence.
-Original of assigned logbooks shall be submitted to the Region responsible for issuing licence within 30 days of end of each calendar month during which vessel is operating in Canadian zone.
-Radio reports covering period from Monday a.m. to Sunday p.m. to be made weekly, no later than Monday 23:59 GMT.
Note: Amendment of 1994 related to methods of signalling and codes to be used.
(Coastal Fisheries Protection Regulations)


Table D: -Compliance control and reporting conditions-

- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .

COMPLIANCE CONTROL AND OTHER CONDITIONS

A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew

REPORTING REQUIREMENTS

P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels

COASTAL COUNTRIES A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
CANADA X   X X     X X       X   X   X24 X72   X24 XW XW XD XO XO X60  


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
CANADA Up to $ 750 000 NO Vessel, gear and catch: Court may order.

 


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