Marine Mammal Regulations (SOR/93-56)

Regulations are current to 2016-09-18 and last amended on 2015-07-16. 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    blinking reflex test[Repealed, SOR/2009-66, s. 1]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.

Application

 These Regulations apply in respect of the management and control of

  • (a) fishing for marine mammals and related activities in Canada or in Canadian fisheries waters; and

  • (b) fishing for marine mammals from Canadian fishing vessels in the Antarctic.

 Despite paragraph 3(a), these Regulations do not apply to fishing for marine mammals that is authorized by an aquaculture licence issued under the Pacific Aquaculture Regulations.

  • SOR/2010-270, s. 13.

PART IGeneral

Licensing

  •  (1) Subject to subsections (2) and 32(1), the Minister may, on application and payment of the fee set out in column II of an item of the table to this subsection, issue a licence referred to in column I of that item.

    TABLE

    Column IColumn II
    ItemLicenceFee
    1Fishing Licence
    • (b) Bowhead whale

    • (c) Cetacean other than beluga, bowhead whale, narwhal or right whale

    • (e) Seal — personal use

    • (f) Seal — commercial use

    • (g) Nuisance seal

    2Seal Fishery Observation Licence$25
    3Marine Mammal Transportation LicenceNo charge
    4Collector Vessel Licence$25
  • (2) A licence to fish for narwhal shall not be issued to a person other than an Inuk.

  • SOR/2003-103, s. 2.
 
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