His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to sections 8 and 43* and subsection 87(2) of the Fisheries Act, is pleased hereby to revoke the Beluga Protection Regulations, made by Order in Council P.C. 1980-1355 of May 22, 1980**, the Cetacean Protection Regulations, made by Order in Council P.C. 1982-1790 of June 17, 1982***, the Narwhal Protection Regulations, C.R.C., c. 820, the Seal Protection Regulations, C.R.C., c. 833, and the Walrus Protection Regulations, made by Order in Council P.C. 1980-1216 of May 8, 1980****, and to make the annexed Regulations respecting marine mammals, in substitution therefor, effective February 24, 1993.S.C. 1991, c. 1, s. 12SOR/80-376, 1980 Canada Gazette Part II, p. 1944SOR/82-614, 1982 Canada Gazette Part II, p. 2188SOR/80-338, 1980 Canada Gazette Part II, p. 1860SHORT TITLEThese Regulations may be cited as the Marine Mammal Regulations.INTERPRETATIONIn these Regulations,beluga calf means a beluga that is dark in colour and less than 2 m in length, measured from the point of the upper jaw to the notch between the tail flukes; (veau de béluga)beneficiary means a person who is a beneficiary underthe Agreement approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act, orthe Agreement approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act; (bénéficiaire)blinking reflex test[Repealed, SOR/2009-66, s. 1]blueback means a hooded seal that has not moulted its blue coat; (jeune à dos bleu)bowhead calf means a bowhead whale that is mottled in appearance and less than 7.5 m in length, measured from the point of the upper jaw to the notch between the tail flukes; (veau de baleine boréale)collector vessel means a vessel greater than 19.8 m in length that is used to collect, transport or process seals or seal parts fished from vessels 19.8 m in length or less; (bateau de récupération)crushed, with respect to the cranium of a seal, means that both halves of the cranium have been broken so that neither half presents a solid structure when palpated; (écrasée)licence[Revoked, SOR/93-336, s. 1]marine mammal[Revoked, SOR/94-52, s. 1]narwhal calf means a narwhal that is light in colour and less than 1.8 m in length, measured from the point of the upper jaw to the notch between the tail flukes; (baleineau)nuisance seal means a seal that represents a dangerto fishing equipment despite deterrence efforts, orbased on a scientific recommendation, to the conservation of anadromous or catadromous fish stocks because it inflicts great damage to them along estuaries and in rivers and lakes during the migration of those species; (phoque nuisible)palpate means to examine the right and left halves of the cranium by pressing it by hand from the top; (palpation)Sealing Area means a Sealing Area illustrated and enumerated in Schedule III; (zone de pêche du phoque)strike[Repealed, SOR/2003-103, s. 1]Subarea has the same meaning as in section 1 of the Pacific Fishery Management Area Regulations, 2007; (sous-secteur)whitecoat means a harp seal that has not begun to moult its white coat. (blanchon)A reference in these Regulations to a species or group of species of marine mammals by its common name as set out in column I of an item of Schedule I shall be construed as a reference to the species or group of species whose scientific name is set out in column II of that item.In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North American Datum 1927 (NAD 27) geodetic reference system.In these Regulations, the lines connecting points or coordinates are rhumb lines, unless stated otherwise.
SOR/93-336, s. 1;
SOR/94-52, s. 1;
SOR/2003-103, s. 1;
SOR/2008-43, s. 1;
SOR/2008-99, s. 11;
SOR/2009-66, s. 1.
Previous VersionAPPLICATIONThese Regulations apply in respect of the management and control offishing for marine mammals and related activities in Canada or in Canadian fisheries waters; andfishing for marine mammals from Canadian fishing vessels in the Antarctic.Despite paragraph 3(a), these Regulations do not apply to fishing for marine mammals that is authorized by an aquaculture licence issued under the Pacific Aquaculture Regulations.
SOR/2010-270, s. 13.
GENERALLicensingSubject to subsections (2) and 32(1), the Minister may, on application and payment of the fee set out in column II of an item of the table to this subsection, issue a licence referred to in column I of that item.
TABLE
Column IColumn IIItemLicenceFee1.Fishing Licence(a)Beluga(a)No charge(b)Bowhead whale(b)No charge(c)Cetacean other than beluga, bowhead whale, narwhal or right whale(c)$5(d)Narwhal(d)No charge(e)Seal — personal use(e)$5(f)Seal — commercial use(f)$5(g)Nuisance seal(g)$5(h)Walrus(h)$52.Seal Fishery Observation Licence$253.Marine Mammal Transportation LicenceNo charge4.Collector Vessel Licence$25
A licence to fish for narwhal shall not be issued to a person other than an Inuk.
SOR/2003-103, s. 2.
Subject to section 6, no person shall fish for marine mammals except under the authority of a licence issued under these Regulations or under the Aboriginal Communal Fishing Licences Regulations.
SOR/93-336, s. 2.
An Indian or Inuk other than a beneficiary may, without a licence, fish for food, social or ceremonial purposes forseals;cetaceans, except beluga in the areas described in column I of items 1 to 7 of Schedule II, bowhead whales, right whales and narwhal; andsubject to section 26, four walrus in a year.A beneficiary may, without a licence, fish for food, social or ceremonial purposes within the area covered by the agreement under which the beneficiary is enrolled forseals;cetaceans, except beluga in the areas described in column I of items 1 to 7 of Schedule II, bowhead whales, right whales and narwhal; andsubject to section 26, four walrus in a year.A person, other than a person referred to in subsection (1) or (2), who resides immediately adjacent to any of Sealing Areas 1 to 4 may fish for seals without a licence in any of those Sealing Areas for food purposes.ProhibitionsNo person shall disturb a marine mammal except when fishing for marine mammals under the authority of these Regulations.No person shall attempt to kill a marine mammal except in a manner that is designed to kill it quickly.No person shall fish for a marine mammal without having on hand the equipment that is necessary to retrieve it.No person who kills or wounds a marine mammal shallfail to make a reasonable effort to retrieve it without delay; orsubject to section 33.1, abandon or discard it.No person who kills a cetacean or walrus shall waste any edible part of it.
SOR/2003-103, s. 3.
No person, other than the holder of a licence to fish for marine mammals for experimental, scientific, educational or public display purposes issued under the Fishery (General) Regulations, shallmove a live marine mammal from the immediate vicinity in which it is found; ortag or mark, or attempt to tag or mark, a live marine mammal in any manner.Notice that Fishing Quota has been ReachedWhere an annual fishing quota fixed by these Regulations has been reached, a fishery officer shall notify the persons affected or likely to be affected by one or more of the methods set out in subsection 7(1) of the Fishery (General) Regulations.Sale and TransportationSubject to subsection (2), no person shall buy, sell, trade or barter the edible parts of a cetacean or walrus.Subsection (1) does not apply in respect of buying, selling, trading or bartering byan Indian or Inuk other than a beneficiary, within the Northwest Territories, the Yukon Territory, Quebec or Newfoundland; ora beneficiary, if the purchase, sale, trade or barter is carried out in accordance with the terms of the agreement under which the beneficiary is enrolled.No person shall buy, sell, trade, barter or possess a narwhal tusk unless the licence under the authority of which the narwhal was taken is attached to the tusk.The Minister shall, on application, issue a marine mammal transportation licenceauthorizing a person to take or carry edible marine mammal parts from one province to another for the personal use of that person or the members of that person’s family;in respect of non-edible marine mammal parts; orin respect of any marine mammal or marine mammal parts to be used for experimental, scientific, educational or public display purposes.Subject to subsection (2), no person shall take or carry marine mammals or marine mammal parts from one province to another except under the authority of a marine mammal transportation licence issued by the Minister.Subsection (1) does not applyto a person who fishes for marine mammals in one province and resides in another province and who is taking or carrying his catch to his place of residence; orin respect of seals or seal parts taken from any of Sealing Areas 4 to 33.Records and ReportingEvery person who is authorized under these Regulations to fish for cetaceans or walrus shall keep a record for a period of two years of any cetacean or walrus taken and shall produce that record for examination when requested to do so by a fishery officer.The record referred to in subsection (1) shall contain the time and place at which the cetacean or walrus was taken and the species, sex and colour of the cetacean or walrus.CETACEANSGeneralIn this Part, strike means to wound a cetacean but be unable to retrieve it from the water.
SOR/2003-103, s. 4.
No person shall fish for a beluga calf, bowhead calf or narwhal calf or for an adult beluga, bowhead whale or narwhal that is accompanied by a calf.No person shall fish for cetaceans with a firearm unless the person usesa rifle and bullets that are not full metal-jacketed that produce a muzzle energy of not less than 1,500 foot pounds; ora shotgun and rifled slugs that produce a muzzle energy of not less than 1,500 foot pounds.BelugaNo person shall fish for beluga in the St. Lawrence River, the Saguenay River or any of their tributaries or in the Gulf of St. Lawrence.No person shall fish for beluga in an area described in column I of an item of Schedule IIduring the close time set out in column II of that item; orafter notice has been given by a fishery officer that the annual fishing quota set out in column III of that item has been reached.Bowhead WhalesNo person shall fish for bowhead whales in the waters described in column I of an item of the table to this sectionduring the close time set out in column II of that item; orafter notice has been given by a fishery officer that the annual fishing quota set out in column III of that item has been reached.
TABLE
Column IColumn IIColumn IIIItemWatersClose TimeAnnual Fishing Quota1.The waters of the Beaufort Sea adjacent to the coasts of the Yukon Territory and the Northwest Territories that are enclosed by the coastline and straight lines joining the following points, in the order in which they are listed:Apr. 1 to Dec. 31Strike 2 or take 1, whichever occurs first
Previous VersionNarwhalNo person who ordinarily resides in a settlement set out in column I of an item of the table to this section shall fish for narwhal after notice has been given by a fishery officer that the annual fishing quota set out in column II of that item has been reached.
Every person who kills a narwhal shall forthwithaffix the licence under the authority of which it was killed securely to the tusk of the narwhal or, where there is no tusk, to the carcass of the narwhal;mark the month of the kill by making a notch in the appropriate date square indicated on the edge of the licence; andtear off the portion of the licence indicated on the licence, mark on that portion of the licence the month in which the narwhal was killed and the sex of the narwhal, and return that portion of the licence as soon as possible to the person who issued the licence.WALRUSNo person shall fish for walrus with a firearm unless the person usesa rifle and bullets that are not full metal-jacketed that produce a muzzle energy of not less than 1,500 foot pounds; ora shotgun and rifled slugs that produce a muzzle energy of not less than 1,500 foot pounds.No person who ordinarily resides in a settlement set out in column I of an item of the table to this section shall fish for walrus after notice has been given by a fishery officer that the annual fishing quota set out in column II of that item has been reached.
SEALSLicencesEvery person who fishes for seals shall hold at least one of the following licences:a fishing licence for seal — personal use;a fishing licence for seal — commercial use; ora fishing licence for nuisance seal.The operator of a collector vessel shall hold a collector vessel licence.
SOR/2003-103, s. 5.
The Minister may establish — on the basis of the size of vessels used by licence holders for fishing seals, licence holders’ home ports and any other factor relevant to seal fishing — classes of fishing licences for seal referred to in subsection 26.1(1).
SOR/2008-43, s. 2.
ProhibitionsNo person other than a beneficiary shall sell, trade or barter a whitecoat or blueback.No person shall fish for seals, for personal or commercial use, in any of Sealing Areas 4 to 33 except witha round club made of hardwood that measures not less than 60 cm and not more than 1 m in length and that, for at least half of its length, beginning at one end, measures not less than 5 cm and not more than 7.6 cm in diameter;an instrument known as a hakapik, consisting of a metal ferrule that weighs at least 340 g with a slightly bent spike not more than 14 cm in length on one side of the ferrule and a blunt projection not more than 1.3 cm in length on the opposite side of the ferrule and that is attached to a wooden handle that measures not less than 105 cm and not more than 153 cm in length and not less than 3 cm and not more than 5.1 cm in diameter;a rifle and bullets that are not full metal-jacketed that produce a muzzle velocity of not less than 1,800 feet per second and a muzzle energy of not less than 1,100 foot pounds; ora shotgun of not less than 20 gauge and rifled slugs.No person shall use a club or hakapik to strike a seal older than one year unless the seal has been shot with a firearm.Every person who strikes a seal with a club or hakapik shall strike the seal on the top of the cranium until it has been crushed and shall immediately palpate the cranium to confirm that it has been crushed.If a firearm is used to fish for a seal, the person who shoots the seal or retrieves it shall palpate the cranium as soon as possible after it is shot to confirm that the cranium has been crushed.Every person who palpates the cranium of a seal and determines that the cranium is not crushed shall immediately strike the seal with a club or hakapik on the top of its cranium until the cranium has been crushed.
SOR/2003-103, s. 6;
SOR/2009-66, s. 2.
Previous VersionNo person shall skin a seal until the cranium has been crushed and at least one minute has elapsed after the two axillary arteries of the seal located beneath its front flippers have been severed to bleed the seal.
SOR/2003-103, s. 7;
SOR/2009-66, s. 3.
Previous VersionNo person shall fish for adult harp or hooded seals in whelping or breeding patches.[Revoked, SOR/94-54, s. 1]Observation of Seal FisheriesA seal fishery observation licence may be issued only if the Minister determines that the issuance of the licence will not cause disruption to a seal fishery.For the purposes of subsection (1), the Minister, in determining whether the issuance of a seal fishery observation licence will cause disruption to a seal fishery in a specific geographical area, shall considerthe period and geographical area for which the licence is being sought;the number of seal fishery observation licences previously issued for that period in that area;the number of seal hunters operating in that area;whether the applicant has a stated aim of disrupting the seal fishery or has been convicted, in the five years preceding the application for the licence, of tagging, marking or moving a live seal, of approaching within one-half nautical mile of a person who is fishing for seals or of violating a condition of a seal fishery observation licence; andany other relevant information.
SOR/2008-38, s. 1.
Previous VersionSubject to subsection (2), no person shall, except under the authority of a seal fishery observation licence issued by the Minister, approach within one-half nautical mile of a person who is fishing for seals.Subsection (1) does not applyto a person who is authorized to fish for seals under these Regulations;in respect of commercial flights that are operating on scheduled flight plans;in respect of commercial vessels that are in transit;to a person who is employed by, assisting, or present at the request of the Department; orto a person who resides on land within one-half nautical mile of a person who is fishing for seals.
SOR/2008-38, s. 2.
Previous VersionLandingsEvery person who fishes for seals for personal or commercial use shall land the pelt or the carcass of the seal.
SOR/2003-103, s. 8.
Close TimesNo person shall fish for a species of seal set out in column I of Schedule IV in a Sealing Area or Subarea set out in column II with a class of fishing licence for seal set out in column III during the close time set out in column IV.For the purpose of subsection (1), a close time set out in column IV of Schedule IV is deemed to be fixed in respect of each class of fishing licence for seal set out in column III.For the purpose of subsection (1), a close time set out in column IV of Schedule IV is deemed to be fixed in respect of each Sealing Area or Subarea set out in column II.
SOR/2008-43, s. 3.
Previous VersionNo person who may fish for seals under the authority of section 6 shall fish for seals of a species set out in column I of Schedule V in a Sealing Area or Subarea set out in column II during the close time set out in column III.For the purpose of subsection (1), a close time set out in column III of Schedule V is deemed to be fixed in respect of each Sealing Area or Subarea set out in column II.
SOR/2008-43, s. 3.
No person shall fish for seals in any of Sealing Areas 5 to 33 earlier than one-half hour before sunrise or later than one-half hour after sunset on any day.No person shall fish for seals in the waters adjacent to the Gaspé coast in the Province of Quebec that are inside or shoreward of a straight line drawn from Pointe-au-Renard to a point at Latitude 49°00′N., Longitude 64°05′W., thence to a point at Latitude 48°25′N., Longitude 64°05′W., and thence to the lighthouse at Cap d’Espoir.No person shall, except where otherwise authorized as a condition of a licence,fish for seals during the period beginning on June 1 and ending on September 30 in the waters of Murray Harbour or its tributaries in the Province of Prince Edward Island that are inside a straight line drawn from the range light on Old Store Point at Latitude 46°01′17″N., Longitude 60°28′44″W., to the southernmost tip of Sable Point at Latitude 46°01′14″N., Longitude 62°29′07″W.;fish for seals during the period beginning on May 1 and ending on September 30 in the waters of the Saguenay River, the St. Lawrence River and their tributaries that are west of Longitude 67°23′W. in the Province of Quebec;fish for seals during the period beginning on June 1 and ending on September 30 in the waters adjacent to the coast of New Brunswick that are enclosed by the coastline and straight lines joining the following points, in the order in which they are listed:
fish for seals during the period beginning on June 1 and ending on September 30 in the waters of the Magdalen Islands that are enclosed by straight lines joining the following points, in the order in which they are listed:
Previous Version(Section 2)COMMON AND SCIENTIFIC NAMES OF MARINE MAMMALS
Column IColumn IIItemCommon NameScientific Name1.CetaceanCetacea(a) Beluga(a) Delphinapterus leucas(b) Bowhead whale(b) Balaena mysticetus(c) Narwhal(c) Monodon monoceros(d) Right whale(d) Eubalaena glacialis2.Sea otterEnhydra lutris3.Seal(a) Bearded(a) Erignathus barbatus(b) Grey(b) Halichoerus grypus(c) Harbour(c) Phoca vitulina(d) Harp(d) Phoca groenlandica(e) Hooded or Hood(e) Cystophora cristata(f) North Pacific fur(f) Callorhinus ursinus(g) Northern elephant(g) Mirounga angustriostris(h) Ringed or Jar(h) Phoca hispida(i) California sea lion(i) Zalophus californianus(j) Steller sea lion(j) Eumetopias jubatus4.WalrusAny pinniped of the genus Odobenus
(Subsections 6(1) and (2) and section 21)BELUGA FISHING CLOSE TIMES AND ANNUAL FISHING QUOTAS
Column IColumn IIColumn IIIItemAreaClose TimeAnnual Fishing Quota1.Pangnirtung:The waters enclosed by the coastline of Baffin Island and straight lines joining the following points, in the order in which they are listed:Mar. 1 to Nov. 305
2.Iqaluit:The waters enclosed by the coastline of Baffin Island and straight lines joining the following points, in the order in which they are listed:Mar. 1 to Nov. 305
3.Lake Harbour:The waters enclosed by the coastline of Baffin Island and straight lines joining the following points, in the order in which they are listed:Mar. 1 to Nov. 305
4.Ungava Bay:The waters of Ungava Bay that are south of a straight line joining the southeast tip of Dry Bay at Latitude 60°25′00″ N., Longitude 69°44′00″ W., and the southwest tip of Polunin Inlet at Latitude 60°09′48″ N., Longitude 65°00′00″ W., and north of a straight line joining Point Tasker at Latitude 58°29′40″ N., Longitude 67°44′00″ W., and Cape Kernertut at Latitude 58°30′00″ N., Longitude 66°56′00″ W.Mar. 1 to Nov. 3015.Mucalic Estuary:The waters of Ungava Bay that are south of a straight line joining Point Tasker at Latitude 58°29′40″ N., Longitude 67°44′00″ W., and Cape Kernertut at Latitude 58°30′00″ N., Longitude 66°56′00″ W.Mar. 1 to Nov. 3016.Eastern Hudson Bay:The waters, other than those described in item 7, enclosed by the eastern shores of Hudson Bay and James Bay and straight lines joining the following points, in the order in which they are listed:Mar. 1 to Nov. 3060
7.Nastapoka Estuary:The waters of the Nastapoka Estuary that are east of straight lines joining the following points, in the order in which they are listed:July 1 to July 311
Column IColumn IIColumn IIIColumn IVItemSpecies of SealSealing Area or SubareaClass of fishing licence for sealClose time1.HarpSealing Areas 4 to 33Any licence classFebruary 15 to March 15 and June 15 to November 142.HoodedSealing Areas 4 to 33Any licence classFebruary 15 to March 15 and June 15 to November 143.RingedSealing Areas 4 to 33Any licence classDecember 1 to April 154.GreySealing Areas 4 to 33Any licence classJanuary 1 to February 285.HarbourSealing Areas 4 to 33 and any SubareaAny licence classSeptember 1 to June 1
SOR/2008-43, s. 4.
Previous Version(Section 34.1)SEAL FISHING CLOSE TIMES APPLICABLE TO PERSONS REFERRED TO IN SECTION 6
Column IColumn IIColumn IIIItemSpecies of SealSealing Area or SubareaClose time1.HarpSealing Areas 4 to 33May 16 to November 142.HoodedSealing Areas 4 to 33May 16 to November 143.RingedSealing Areas 4 to 33December 1 to April 244.GreySealing Areas 4 to 33January 1 to February 285.HarbourSealing Areas 4 to 33 and any SubareaSeptember 1 to June 16.Northern elephantAny SubareaSeptember 1 to June 17.Steller sea lionAny SubareaSeptember 1 to June 18.California sea lionAny SubareaSeptember 1 to June 19.North Pacific furAny SubareaSeptember 1 to June 1