Amendments to the Coastal Fisheries Protection Act

Illegal, unreported and unregulated (IUU) fishing undercuts responsible fishing activities around the world. As part of the global efforts to fight IUU fishing and to protect fishermen, Canada signed the international Port State Measures Agreement (PSMA) in November 2010. This Agreement is an important milestone as it sets global standards for actions that Port States must take when a foreign vessel seeks entry to port if it has engaged in or supported illegal, unreported and unregulated (IUU) fishing or related activities. Read more about the key provisions of the PSMA.

Canada already implements a strong port access regime for foreign fishing vessels through our Coastal Fisheries Protection Act (CFPA) and its regulations that is consistent with the PSMA. For example, a foreign fishing vessel may not enter Canadian fisheries waters except by applying for and receiving a license issue by the Minister of Fisheries and Oceans pursuant to the Coastal Fisheries Protection Regulations(CFPR). Under these regulations, the Minister cannot issue the license if the foreign fishing vessel is not in compliance with conservation and management measures of a regional fisheries management organization.

However, to further strengthen the Coastal Fisheries Protection Act and allow Canada to meet its international commitments regarding the PMSA, some amendments to the Act and its regulations are required. Tabled in November 2012, the amendments to the Act strengthen and clarify Canada's domestic rules and further reinforce our leadership role in the global fight against IUU fishing.

Broadening Definition of “Fishing Vessel”

The PSMA applies to fishing vessels and any vessels that engage in or support IUU fishing. This includes the rare event of container or other maritime vessels used to tranship fish and marine plants that have not been previously landed (i.e., have not been through any state control in port). The negotiators of this Agreement wanted to close a potential loophole to ensure that IUU fishing activities are not displaced from fishing vessels to other types of vessels.

In this regard, it is proposed to amend the definition of “fishing vessel” under the CFPA to include any vessels (including container vessels) used in transhipping fish or marine plants that have not been previously landed. This proposed change is not expected to unduly affect the normal course of maritime shipping trade in ports.

New Authorities regarding Foreign Fishing Vessels

In accordance to the CFPA, a foreign fishing vessel may not enter a Canadian port except by applying for and receiving a license under the CFPR. In order to facilitate Canada’s role in strengthening global port state measures to combat IUU fishing, proposed amendments would be made to the CFPA and the CFPR to enable a foreign fishing vessel that has been directed by its flag State to enter a Canadian port for enforcement, to do so via an authorization for the sole purpose of inspection as well as other enforcement action, including seizure or disposal of any catch agreed to by the flag State. Protection officers designated under the Act would also have the power to dispose of any catch held or seized in accordance with the provisions and measures of any international fisheries management organization or arrangement, international treaty to which Canada is a party or law of any foreign State.

These proposed amendments would not change the existing authority of the Minister of Fisheries and Oceans to deny port access to any foreign fishing vessel that violates the conservation and enforcement measures of regional fisheries management organizations, such as the Northwest Atlantic Fisheries Organization.

Stronger Import Prohibitions

The proposed amendments would clarify and strengthen prohibitions related to the importation into Canada of fish or marine plants taken, possessed, transported, distributed or sold contrary to any measure of an international fisheries management organization or arrangement, international treaty to which Canada is a party or law of any foreign State. Contravention of this prohibition would be an offence under the CFPA, with penalties specified under the Act.

Monitoring and enforcement would be carried out by Fisheries and Oceans Canada in close coordination and collaboration with Canada Border Services Agency with a view to minimizing impacts on cross-border trade of fish and seafood products.

Preventing illegally taken fish and seafood products derived therefore from entering markets is a key priority for Canada’s major trading partners. Stronger controls at the border will help maintain Canada’s reputation as a responsible fishing nation and trading partner.

Other Proposed Legislative Changes

  • Improve authorities for information sharing between Fisheries and Oceans Canada and the Canada Border Services Agency related to the importation of fish, seafood products and marine plants;
  • Amend the inspection and related enforcement powers of protection officers to include any place, including containers, warehouses, storage areas, and vehicles in all ports of entry, not just seaports.

Additional Information:

NR-HQ-12-34E