Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations

SOR/2002-76

SAGUENAY-ST. LAWRENCE MARINE PARK ACT

Registration 2002-02-20

Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations

P.C. 2002-201  2002-02-20

Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to section 17 of the Saguenay-St. Lawrence Marine Park ActFootnote a, hereby makes the annexed Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations.

INTERPRETATION

 The definitions in this section apply in these Regulations.

“Act”

“Act” means the Saguenay-St. Lawrence Marine Park Act. (Loi)

“cargo ship”

“cargo ship” has the same meaning as in section 2 of the Canada Shipping Act. (navire de charge)

“commercial vessel”

“commercial vessel” means a vessel, other than a kayak, used by a marine tour business or shuttle service to carry passengers or to provide services for compensation. (bateau commercial)

“disturbance of a marine mammal”

“disturbance of a marine mammal” means any undue interruption, alteration or disruption of the normal behaviour of a marine mammal, in particular its social, swimming, breathing, diving, resting, feeding, nursing or reproductive behaviour, and includes separating a marine mammal from a group or passing between an adult marine mammal and a young marine mammal. (dérangement d'un mammifère marin)

“endangered marine mammal”

“endangered marine mammal” means a marine mammal of a species or population of marine mammals that is designated as endangered or threatened in the List of Canadian Species at Risk, November, 2000, published by the Committee on the Status of Endangered Wildlife in Canada, as amended from time to time. (mammifère marin en voie de disparition)

“Fjord”

“Fjord” means the Saguenay Fjord described in the schedule. (fjord)

“marine mammal”

“marine mammal” means any cetacean or pinniped. (mammifère marin)

“marine tour business”

“marine tour business” means any trade, industry, employment or service, whether or not for profit, relating to the observation from the water or air of plants, animals or the landscape or seabed of the park or cultural resources in the park, other than such trade, industry, employment or service when carried out by a person on behalf of the superintendent for the purposes of the management of the park, and includes excursions, cruises, fishing, diving, kayaking and flights over the park in the course of that trade, industry, employment or service. (entreprise d'excursions en mer)

“observation area”

“observation area” means an area consisting of two or more overlapping or contiguous observation zones. ((secteur d'observation))

“observation mode”

“observation mode” means, in respect of a vessel, the mode that describes the state of the vessel when the operator, for the purpose of observing a cetacean, permits the vessel to approach the cetacean within a distance of less than 400 m. (mode d'observation)

“observation zone”

“observation zone” means a moving circular zone that exists around a vessel while it is in observation mode in the park, other than in the Fjord, and has a radius of one nautical mile measured from the vessel to the perimeter of the zone. (zone d'observation)

“operator”

“operator”, in respect of a vessel, means the person who has the command or control of the vessel. (pilote)

“permit”

“permit” means a marine tour business permit, shuttle service permit, scientific research permit or special activity permit issued by the Minister under subsection 10(1) of the Act. (permis)

“shuttle service”

“shuttle service” means a shuttle service that is operated for the purpose of carrying passengers by water for compensation. (service de navette)

“special activity”

“special activity” means a planned, temporary activity or event held in the park, including a parade, regatta, show, film production or promotion and sports event. (activité spéciale)

“vessel”

“vessel” means a watercraft of any description that is used or capable of being used for navigation, without regard to its method of propulsion or whether it lacks a means of propulsion, and includes air cushion vehicles. (bateau)

“year”

“year” means a period of 12 consecutive months beginning on April 1. (année)

APPLICATION

  •  (1) Sections 3 and 14 to 23 do not apply to the superintendent, a park warden, an enforcement officer or a peace officer while engaged in the discharge of their duties.

  • (2) Subsection 3(2) and sections 14 to 23 do not apply to any person acting under an agreement with or instructions from the Minister for the purpose of protecting marine mammals or the environment or for the purpose of public safety or park management.

  • (3) These Regulations

    • (a) other than subsection 14(2) and sections 19 and 20, do not apply to the holder of any of the following licences issued by the Department of Fisheries and Oceans when the holder is engaged in fishing for the species for which or in any other activity in respect of which the licence is issued, namely,

      • (i) a licence issued for the purpose of commercial fishing, or

      • (ii) an aboriginal communal fishing licence;

    • (b) other than subsection 14(2) and sections 15 and 19 to 22, do not apply to the holder of a licence to fish for seal issued by the Department of Fisheries and Oceans when the holder is engaged in fishing for the species for which or in any other activity in respect of which the licence is issued; and

    • (c) other than sections 14 and 19, do not apply to the operator of a cargo ship.

PERMITS

General

  •  (1) No person shall operate a marine tour business or shuttle service in the park unless the person is the holder of a permit in respect of that business or service, as the case may be, or is authorized by the holder of such a permit to do so on their behalf, and does so in accordance with the conditions, if any, specified in the permit.

  • (2) No person shall conduct scientific research or hold a special activity in the park unless the person is the holder of a permit in respect of that research or activity, as the case may be, or is authorized by the holder of such a permit to do so on their behalf, and does so in accordance with the conditions, if any, specified in the permit.

 The holder of a permit shall ensure that every vessel authorized to operate under the permit is operated in a manner that does not contravene these Regulations.

Limitations

  •  (1) Not more than one commercial vessel shall be authorized to operate under a marine tour business permit or a shuttle service permit.

  • (2) A marine tour business permit and a shuttle service permit shall not be issued to a person other than the owner of the business or service in respect of which the permit is sought.

Application for Permit

  •  (1) An application to the Minister for a permit shall be in writing and include

    • (a) the name, address and telephone number of the applicant and, if they differ, the applicant's business name, address and telephone number;

    • (b) information respecting the equipment that the applicant uses or intends to use, including

      • (i) in the case of an application for a marine tour business permit or a shuttle service permit, the registration or listing number of the vessel, and

      • (ii) in the case of an application for any other permit, the number of vessels and their registration or listing numbers;

    • (c) a description of any area of the park in which the applicant operates or intends to operate;

    • (d) a copy of any documentation relevant to the applicant's ability to carry out the activity for which the permit is sought;

    • (e) a list of the names of the operators and guides that the applicant intends to employ, if any, and a summary of their training or qualifications;

    • (f) in the case of an application for a marine tour business permit or a shuttle service permit, the types of goods or services that the applicant intends to offer;

    • (g) in the case of an application for a scientific research permit, a description of the proposed scientific research, its expected duration, the objectives to be attained and the dates on which and the times and places at which it is to be conducted;

    • (h) in the case of an application for a special activity permit, a description of the proposed special activity, its expected duration, the objectives to be attained and the dates on which and the times and places at which it is to be held; and

    • (i) in the case of a marine tour business permit having a duration of 10 days or less, the dates for which the permit is required.

  • (2) An application for a permit shall be accompanied by the applicable fee fixed by the Minister under section 9 of the Department of Canadian Heritage Act.

  • (3) A permit holder shall immediately notify the Minister of any change in the information that was provided in the application for the permit.

Inspection

 The holder of a permit shall allow a park warden or enforcement officer to inspect any vessel authorized to operate under the permit, at any reasonable time, for the purpose of monitoring compliance with the conditions specified in the permit.

Suspension and Cancellation of Permits

  •  (1) The grounds for the suspension of a permit by the Minister under section 10 of the Act are the following:

    • (a) the holder of the permit has failed to comply with a condition specified in the permit;

    • (b) there are reasonable grounds to believe that the holder of the permit has contravened these Regulations; or

    • (c) the holder of the permit has failed to inform the Minister of any change in the information provided in the application for the permit.

  • (2) The grounds for the reinstatement of a permit by the Minister under section 10 of the Act are the following:

    • (a) the breach that led to the suspension has been corrected;

    • (b) a period of 30 days has elapsed since the date of the suspension and proceedings in respect of the alleged contravention were not instituted before the end of that period; or

    • (c) the permit holder has been found not guilty of contravening these Regulations.

  • (3) The grounds for the cancellation of a permit by the Minister under section 10 of the Act are the following:

    • (a) the permit holder has been found guilty of contravening these Regulations; or

    • (b) except where the permit was reinstated under paragraph (2)(b) or (c), the permit has been suspended three times during the period for which it was issued.

  • (4) The holder of a permit that has been suspended is not eligible to be issued any permit during the suspension period.

  • (5) The holder of a permit that has been cancelled is not eligible to be issued any permit during the 12-month period following the date of the cancellation.

Transfer and Expiry of Permits

 No person shall transfer a permit except in accordance with section 11.

 A permit expires on the earliest of

  • (a) the expiry date stated in the permit, including any instance when the ownership of a marine tour business or a shuttle service is sold or otherwise transferred to another person, if the permit in respect of that business or service, as the case may be, is transferred in accordance with section 11,

  • (b) the date of cancellation, if any, of the permit, or

  • (c) where the ownership of a marine tour business or shuttle service is sold or otherwise transferred to another person, the date of that transfer, if the permit in respect of that business or service, as the case may be, is not transferred to that other person in accordance with section 11.

  •  (1) When the ownership of a marine tour business or shuttle service is transferred to another person, any permit in respect of the business or service may be transferred to that other person if the permit holder

    • (a) notifies the Minister, in writing, of

      • (i) the name, address and telephone number of the person to whom the permit is to be transferred,

      • (ii) the proposed date of the transfer,

      • (iii) any change in the name of the business or the name and registration or listing number of the commercial vessel to be operated by the new permit holder under the permit after the transfer, and

      • (iv) any changes in any other information that was provided under subsection 6(1) in the application for the permit; and

    • (b) obtains the Minister's approval.

  • (2) The Minister shall approve the transfer of the permit if the proposed changes will not affect the conditions of the permit.

Identification Flags

 The operator of a vessel operating under a marine tour business permit, a shuttle service permit or a scientific research permit shall ensure that the vessel flies the appropriate identification flag issued with that permit in such a manner that the type of authorized activity that the vessel is engaged in is clearly identified.

Commercial Vessels under Marine Tour Business Permits

 Not more than 59 commercial vessels may be authorized to operate all year long in the park under marine tour business permits having a duration of more than 10 days and not more than five additional commercial vessels may be authorized to operate on any one day in the park under marine tour business permits having a duration of 10 days or less.

PROHIBITED CONDUCT AND CONTROLLED ACTIVITIES

Disturbance of Marine Mammals

  •  (1) No person shall engage in behaviour in the park that may kill or injure a marine mammal or cause the disturbance of a marine mammal.

  • (2) The operator of a vessel that is involved in an accident in which a marine mammal is killed or injured or that collides with a marine mammal shall report the incident immediately to a park warden or an enforcement officer.

Distance Requirements

  •  (1) Subject to subsection (4), the operator of a vessel shall not, by means of the vessel's motors or under the force of the winds, waves or currents or by any other means, permit the vessel to approach a cetacean within a distance of less than 100 m, if the vessel is a commercial vessel operating under a marine tour business permit, or within a distance of less than 200 m, in the case of any other vessel.

  • (2) Subject to subsection (4), the operator of a vessel shall not place the vessel within the path of a cetacean in such a manner that the cetacean will pass within a distance of less than 100 m from the vessel, if the vessel is a commercial vessel operating under a marine tour business permit, or within a distance of less than 200 m from the vessel, in the case of any other vessel.

  • (3) If a cetacean approaches within a distance of less than 100 m from a commercial vessel that is operating under a marine tour business permit, or less than 200 m from any other vessel, the operator of that commercial vessel or that other vessel shall maintain it in a stationary position until the cetacean has dived towards the seabed or moved more than 100 m from that commercial vessel or more than 200 m from that other vessel, as the case may be.

  • (4) The operator of a vessel shall maintain a minimum distance of 400 m between the vessel and any endangered marine mammal.

 Notwithstanding subsection 15(1), the operator of a commercial vessel operating under a marine tour business permit shall not permit the vessel to approach within a distance of less than 200 m from a cetacean at any time when there are more than four vessels within a radius of 400 m from that vessel.

 No person shall dive or swim within a distance of less than 200 m from a cetacean or less than 400 m from an endangered marine mammal.

 No person shall fly an aircraft over the park at an altitude of less than 2,000 feet (609.6 m) from the surface of the water or take off or land in the park unless authorized to do so by the Minister under subsection 10(1) of the Act.

Speed Limits

 Subject to section 20, no person shall operate a vessel in the park at a speed greater than 25 knots.

 The operator of a vessel, other than a cargo ship, shall not operate the vessel at a speed greater than 10 knots when it is in the observation zone of another vessel or in an observation area.

 Notwithstanding section 20, the operator of a vessel that is between 100 and 400 m from a cetacean, in the case of a commercial vessel operating under a marine tour business permit, and between 200 and 400 m from a cetacean, in the case of any other vessel, shall not

  • (a) operate the vessel at a speed greater than the minimum speed required to manoeuvre the vessel; or

  • (b) stop or start the vessel, or change its direction, in a repetitive manner.

 If a vessel unexpectedly encounters an endangered marine mammal at a distance of less than 400 m from the vessel, the operator of the vessel shall reduce the speed of the vessel to a speed not greater than the minimum speed required to manoeuvre the vessel.

Observation Zones and Observation Areas

  •  (1) The operator of a commercial vessel operating under a marine tour business permit shall not permit the vessel to approach a cetacean within a distance of between 100 and 200 m

    • (a) for more than two periods of 30 minutes each during each excursion; or

    • (b) more than once in the same observation zone or observation area.

  • (2) The operator of a commercial vessel operating under a marine tour business permit shall, when the vessel assumes observation mode, indicate by radio or by the means, if any, indicated in the permit under which the vessel is operating that it is in observation mode to all other commercial vessels nearby.

  • (3) The operator of a vessel shall not keep the vessel in observation mode for more than one hour or operate the vessel in the observation zone of another vessel or in an observation area for more than one hour.

  • (4) The operator of a vessel shall not permit the vessel to re-enter the observation zone of another vessel or an observation area until one hour has elapsed after leaving that observation zone or observation area, as the case may be.

COMING INTO FORCE

 These Regulations come into force on the day on which they are registered.

SCHEDULE(Section 1)DESCRIPTION OF THE SAGUENAY FJORD

The area of the park bounded on the south side by a line approximately 4.38 nautical miles in length and described as follows:

Starting from point 1, near Pointe-aux-Vaches, having the geographical coordinates 48°08.870 N latitude and 69°39.961 W longitude, following a direction of 160 degrees true over a distance of approximately 1.37 nautical miles to point 2, having the geographical coordinates 48°07.586 N latitude and 69°39.256 W longitude;

From point 2 following a direction of 180 degrees true, over a distance of approximately 0.59 nautical miles to point 3, having the geographical coordinates 48°06.997 N latitude and 69°39.256 W longitude;

From point 3 following a direction of 245 degrees true, over a distance of approximately 1.31 nautical miles to point 4, having the geographical coordinates 48°06.455 N latitude and 69°41.037 W longitude; and

From point 4 following a direction of 238 degrees true, over a distance of approximately 1.11 nautical miles to point 5, situated near Pointe-aux-Alouettes and having the geographical coordinates 48°05.872 N latitude and 69°42.441 W longitude.