Marine Mammal Regulations (SOR/93-56)

Regulations are current to 2014-12-08 and last amended on 2011-02-10. Previous Versions

Marine Mammal Regulations

SOR/93-56

FISHERIES ACT

Registration 1993-02-04

Regulations Respecting Marine Mammals

P.C. 1993-189 1993-02-04

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to sections 8 and 43Footnote * 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, 1980Footnote **, the Cetacean Protection Regulations, made by Order in Council P.C. 1982-1790 of June 17, 1982Footnote ***, 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, 1980Footnote ****, and to make the annexed Regulations respecting marine mammals, in substitution therefor, effective February 24, 1993.

SHORT TITLE

 These Regulations may be cited as the Marine Mammal Regulations.

INTERPRETATION

  •  (1) In these Regulations,

    “beluga calf”

    “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”

    “beneficiary” means a person who is a beneficiary under

    “blinking reflex test”

    “blinking reflex test”[Repealed, SOR/2009-66, s. 1]

    “blueback”

    “blueback” means a hooded seal that has not moulted its blue coat; (jeune à dos bleu)

    “bowhead calf”

    “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”

    “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”

    “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”

    “licence”[Revoked, SOR/93-336, s. 1]

    “marine mammal”

    “marine mammal”[Revoked, SOR/94-52, s. 1]

    “narwhal calf”

    “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”

    “nuisance seal” means a seal that represents a danger

    • (a) to fishing equipment despite deterrence efforts, or

    • (b) based 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”

    “palpate” means to examine the right and left halves of the cranium by pressing it by hand from the top; (palpation)

    “Sealing Area”

    “Sealing Area” means a Sealing Area illustrated and enumerated in Schedule III; (zone de pêche du phoque)

    “strike”

    “strike”[Repealed, SOR/2003-103, s. 1]

    “Subarea”

    “Subarea” has the same meaning as in section 1 of the Pacific Fishery Management Area Regulations, 2007; (sous-secteur)

    “whitecoat”

    “whitecoat” means a harp seal that has not begun to moult its white coat. (blanchon)

  • (2) 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.

  • (3) In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North American Datum 1927 (NAD 27) geodetic reference system.

  • (4) 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.