Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations (SOR/2002-76)

Prohibition

14.4 It is prohibited, in the park,

• (a) to use a personal watercraft, as defined in subsection 1(1) of the Small Vessel Regulations;

• (b) to use an air cushion vehicle;

• (c) to conduct a water sport activity using a vessel or any other motorized system as a method of traction; or

• (d) to offer any commercial services related to hunting migratory birds.

Distance Requirements

• 15 (1) Subject to subsections 15.1(1) and (2), the operator of a vessel shall not, by means of the vessel’s motors or under the force of the winds, waves, 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 operating under a class 1 permit, or within a distance of less than 200 m, in the case of any other vessel.

• (2) Subject to subsections 15.1(1) and (2), the operator of a vessel shall not place the vessel in the path of a cetacean in such a manner that the cetacean will pass within a distance of less than 100 m, if the vessel is operating under a class 1 permit, or within a distance of less than 200 m, in the case of any other vessel.

• (3) If a cetacean, other than a beluga, approaches within a distance of less than 100 m from a vessel that is operating under a class 1 permit, or less than 200 m from any other vessel, the operator of the vessel shall place the engine in neutral gear until the cetacean has dived toward the seabed or moved more than 100 m or 200 m from the vessel, as the case may be.

• (4) Subject to subsection 15.1(1), the operator of a vessel operating under a class 1 permit shall not permit the vessel to approach within a distance of less than 200 m from a cetacean accompanied by a calf or from a resting cetacean.

• 15.1 (1) The operator of a vessel shall maintain a minimum distance of 400 m between the vessel and any marine mammal of a species or of a population of a species that is listed in any of Parts 1 to 3 of Schedule 1 to the Species at Risk Act.

• (2) The operator of a vessel shall not place the vessel in the path of a marine mammal referred to in subsection (1) in such a manner that the marine mammal will pass within a distance of less than 400 m.

• (3) Despite subsections (1) and (2), if the operator of a vessel is unable to maintain a minimum distance of 400 m from a beluga, the operator shall maintain course until the vessel is more than 400 m from any beluga.

• (4) Despite subsection (1), if a vessel is in observation mode when a beluga approaches within a distance of less than 400 m, the operator of the vessel shall place the vessel engine in neutral gear or move the vessel away in accordance with sections 23 and 24.

15.2 In the event of an inconsistency between these Regulations and the Collision Regulations, the Collision Regulations prevail to the extent of the inconsistency.

Concentration of Vessels

16 Despite subsection 15(1), the operator of a vessel operating under a class 1 permit shall not permit the vessel to approach within a distance of less than 200 m from a cetacean when there are more than four vessels within a radius of 400 m from that vessel.

17 The operator of a vessel operating under a class 1 permit shall not permit the vessel to enter an observation zone or observation area if there are more than nine vessels operating under a class 1 permit already in the zone or area.

Aircraft

18 It is prohibited for any pilot to fly an aircraft over the park at an altitude of less than 609.6 m (2,000 feet) from the surface of the water or take off from or land in the park unless the person is the holder of a special activity permit authorizing this activity.

Speed Limits and Manoeuvres

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

19.1 Despite sections 20 to 24, the operator of a vessel in the mouth of the Saguenay, as described in the schedule, shall not operate the vessel at a speed greater than 15 knots, or 20 knots in the case of vessels operating under a class 1 permit that require a speed greater than 15 knots in order to plane, during the period from May 1 to October 31 of each year.

20 The operator of a vessel 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.

21 Despite section 20, the operator of a vessel that is between 100 and 400 m, in the case of a vessel operating under a class 1 permit, and between 200 and 400 m, in the case of any other vessel, from a cetacean other than a beluga, 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.

22 If a vessel unexpectedly encounters a marine mammal, other than a beluga, at a distance of less than 400 m, the operator of the vessel, other than a human-powered vessel, shall reduce the speed of the vessel to a speed not greater than the minimum speed required to manoeuvre the vessel.

23 Subject to subsections 15(3) and 15.1(4) and section 22, the operator of a vessel, other than a human-powered vessel, that is less than one-half nautical mile (926 m) from a beluga shall not permit the vessel to remain stationary and shall operate it at a constant speed that is not less than 5 and not greater than 10 knots.

24 The operator of a vessel that is less than one-half nautical mile (926 m) from a beluga shall not change the direction of the vessel in a repetitive manner.

Observation Zones and Observation Areas

• 25 (1) 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.

• (2) 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.

• 26 (1) The operator of a vessel operating under a class 1 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 vessel operating under a class 1 permit shall — when the vessel is placed in observation mode, enters an observation zone or leaves an observation zone — indicate this to all other vessels nearby by the means of communication indicated in the permit under which the vessel is authorized to operate.

• (3) Despite section 25, the operator of a vessel operating under a class 2 permit shall not place the vessel in observation mode or enter the observation zone of any vessel.