• 1. (1) In these Regulations, “Area” means the Bowie Seamount Marine Protected Area designated under section 2.

• (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.

2. The area of the Pacific Ocean — consisting of the seabed, the subsoil and the water column above the seabed — that is bounded by a series of rhumb lines drawn from a point 53º03′07.6″ N, 135º50′25.9″ W, to a point 53º16′20.9″ N, 134º59′55.4″ W, then to a point 53º39′49.2″ N, 135º17′04.9″ W, then to a point 53º39′18.0″ N, 135º53′46.5″ W, then to a point 53º52′16.7″ N, 136º30′23.1″ W, then to a point 53º49′19.6″ N, 136º47′33.1″ W, then to a point 53º40′02.5″ N, 136º57′03.5″ W, then to a point 53º13′59.2″ N, 136º10′00.0″ W, then back to the point of commencement (which points are shown as points 1 to 8, respectively, of the schedule) is designated as the Bowie Seamount Marine Protected Area.

3. 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;

• (b) disturb, damage or destroy or remove from the Area, any part of the seabed; or

• (c) 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.

4. Despite section 3, the following activities may be carried out in the Area:

• (a) commercial fishing that is carried out in accordance with the Fisheries Act and its regulations;

• (b) recreational fishing that is carried out in accordance with the Fisheries Act and its regulations;

• (c) fishing that is carried out in accordance with the Aboriginal Communal Fishing Licences Regulations;

• (d) vessel travel carried out in accordance with the Canada Shipping Act, 2001 and its regulations;

• (e) foreign vessel travel carried out in accordance with the Canada Shipping Act, 2001 and its regulations and foreign ship travel carried out in accordance with the Coasting Trade Act and its regulations;

• (f) any movement or other activity of a ship, submarine or aircraft if the movement or other activity is carried out for the purpose of public safety, law enforcement or national security or for the exercise of Canadian sovereignty and

  • (i) the ship, submarine or aircraft is owned or operated by or on behalf of Her Majesty in right of Canada or by a foreign military force acting in cooperation with, or under the command or control of, the Canadian Forces; or

  • (ii) the movement or other activity is carried out for the purpose of an emergency response under the direction, command or control of the Canadian Coast Guard;

• (g) marine scientific research activities that are carried out or sponsored by a foreign government and in respect of which that government has received the consent of the Minister of Foreign Affairs under paragraph 3(2)(c) of the Coasting Trade Act, if the activities are carried out in a manner that complies with the terms and conditions of the consent; and

• (h) an activity approved under section 6.