ST. JOHN'S, Nfld. — The arrest of a Portuguese trawler captain accused of fishing illegally in Canadian waters will be the first test of a new, international declaration on fisheries management, says Newfoundland's fisheries minister.

Trevor Taylor said he was encouraged that Canadian officials had seized the Santa Mafalda and arrested its master for the alleged violations two years ago.

"Rule breakers who threaten the recovery of a species must be dealt with harshly," Taylor said in a statement issued Tuesday.

"The seizure of the Santa Mafalda sends a message that Canada intends to live up to its commitment to enforce fisheries conservation measures. It tells the global fishing community that we will protect fish stocks."

But the arrest and charges will test the strength of an international declaration of co-operation signed last month in St. John's at a high-profile conference on high seas governance.

"The strength of the declaration will be measured by the solidarity between the European Union and Canada to ensure that the Santa Mafalda is punished to the full extent of the law," said the statement issued from Taylor's office.

Repeated calls to the Portuguese Embassy in Ottawa seeking comment were not returned Tuesday.

Meanwhile, the Santa Mafalda remained tied up at the Canadian Coast Guard dock in St. John's, Nfld., on Tuesday.

On Sunday evening, the fishing vessel was intercepted by two coast guard ships and boarded off the south coast of Newfoundland.

Ship captain Jose Ramalheira was arrested on two outstanding charges dating back two years.

On May 14, 2003, a Canadian surveillance flight spotted a foreign vessel fishing within Canada's 200-mile exclusive economic zone off the East Coast.

The vessel left Canadian waters before it could be boarded, but charges were filed against the captain in November 2003.

Since then, the Santa Mafalda has fished the waters just outside the 200-mile jurisdiction, beyond the reach of Canadian officials, where it has racked up 14 citations for fisheries violations in the past ten years.

It wasn't until the ship entered Canadian waters last week, as it headed for repairs on the French island of St-Pierre just off Newfoundland's south coast, that Canadian authorities could act on the outstanding charges.

Ramalheira is charged with two violations of the Canadian Coastal Fisheries Protection Act: unauthorized entry and unauthorized fishing inside Canada's 200-mile economic zone.

He was on board the vessel Tuesday along with his crew after being released on a $10,000 bond.

In the coming days, a similar hearing will be held for the ship itself, and if a bond is agreed to by the court, the Santa Mafalda will be able to leave.

"If they get the bond posted for the vessel. . . master and crew and vessel will all depart," said Bob Fagan, spokesman for the federal Fisheries Department.

Ramalheira is slated to return to court June 29, but the Crown agreed to allow Ramalheira's counsel to appear on his behalf.