Basin Head Marine Protected Area Regulations (SOR/2005-293)

Regulations are current to 2012-05-14 and last amended on 2008-04-03. Previous Versions

Basin Head Marine Protected Area Regulations

SOR/2005-293

OCEANS ACT

Registration 2005-09-26

Basin Head Marine Protected Area Regulations

P.C. 2005-1657 2005-09-26

Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsection 35(3) of the Oceans ActFootnote a, hereby makes the annexed Basin Head Marine Protected Area Regulations.

INTERPRETATION

  •  (1) The following definitions apply in these Regulations.

    “Area”

    “Area” means the Basin Head Marine Protected Area designated under section 2. (zone)

    “vessel”

    “vessel” has the same meaning as in section 2 of the Canada Shipping Act. (bâtiment)

    “waters”

    “waters” means, in addition to the waters, the seabed and subsoil below the waters to a depth of two metres. (eaux)

  • (2) In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North America Datum 1983 (NAD 83) geodetic reference system.

  • (3) In the schedule, the lines connecting the points are rhumb lines.

DESIGNATION

 The areas of the sea at Basin Head comprised of the management zones described below — and depicted in the schedule — are together designated as the Basin Head Marine Protected Area:

  • (a) Zone 1, consisting of waters lying generally northeast of a rhumb line connecting points at 46°23′20″ N, 62°06′10″ W and 46°23′18″ N, 62°06′08″ W, that are within an area of the sea bounded by the low-water line of the harbour and by the rhumb line to its points of intersection with the low-water line;

  • (b) Zone 2, consisting of waters that are within an area of the sea bounded by the low-water line of the harbour and by the following rhumb lines to their respective points of intersection with the low-water line, namely,

    • (i) a line connecting points at 46°23′20″ N, 62°06′10″ W and 46°23′18″ N, 62°06′08″ W, and

    • (ii) a line connecting points at 46°22′39″ N, 62°06′29″ W and 46°22′40″ N, 62°06′29″ W; and

  • (c) Zone 3, consisting of waters that are within an area of the sea bounded by the low-water line of the Northumberland Straight and by the following rhumb lines, namely,

    • (i) to its points of intersection with the low-water line, a line connecting points at 46°22′39″ N, 62°06′29″ W and 46°22′40″ N, 62°06′29″ W,

    • (ii) to its point of intersection with the low-water line, a line connecting points at 46°23′51″ N, 62°04′30″ W and 46°22′55″ N, 62°04′02″ W,

    • (iii) a line connecting points at 46°22′55″ N, 62°04′02″ W and 46°21′07″ N, 62°07′36″ W, and

    • (iv) to its point of intersection with the low-water line, a line connecting points at 46°21′07″ N, 62°07′36″ W and 46°22′04″ N, 62°08′04″ W.

PROHIBITED ACTIVITIES

  •  (1) In the Area, no person shall

    • (a) disturb, damage or destroy, or remove from the Area, any living marine organism or any part of its habitat; or

    • (b) carry out any activity — including depositing, discharging or dumping any substance, or causing any substance to be deposited, discharged or dumped — that is likely to result in the disturbance, damage, destruction or removal of a living marine organism or any part of its habitat.

  • (2) Despite subsection (1), a person may carry out any activity excepted under section 4 or any scientific or educational activity for which a plan is approved under section 6.