Marine Mammal Regulations (SOR/93-56)

Regulations are current to 2017-09-27 and last amended on 2015-07-16. Previous Versions

 Subject to section 6, no person shall fish for marine mammals except under the authority of a licence issued under these Regulations or under the Aboriginal Communal Fishing Licences Regulations.

  • SOR/93-336, s. 2.
  •  (1) An Indian or Inuk other than a beneficiary may, without a licence, fish for food, social or ceremonial purposes for

    • (a) seals;

    • (b) cetaceans, except beluga in the areas described in column I of items 1 to 7 of Schedule II, bowhead whales, right whales and narwhal; and

    • (c) subject to section 26, four walrus in a year.

  • (2) A beneficiary may, without a licence, fish for food, social or ceremonial purposes within the area covered by the agreement under which the beneficiary is enrolled for

    • (a) seals;

    • (b) cetaceans, except beluga in the areas described in column I of items 1 to 7 of Schedule II, bowhead whales, right whales and narwhal; and

    • (c) subject to section 26, four walrus in a year.

  • (3) A person, other than a person referred to in subsection (1) or (2), who resides immediately adjacent to any of Sealing Areas 1 to 4 may fish for seals without a licence in any of those Sealing Areas for food purposes.

Prohibitions

 No person shall disturb a marine mammal except when fishing for marine mammals under the authority of these Regulations.

 No person shall attempt to kill a marine mammal except in a manner that is designed to kill it quickly.

 No person shall fish for a marine mammal without having on hand the equipment that is necessary to retrieve it.

  •  (1) No person who kills or wounds a marine mammal shall

    • (a) fail to make a reasonable effort to retrieve it without delay; or

    • (b) subject to section 33.1, abandon or discard it.

  • (2) No person who kills a cetacean or walrus shall waste any edible part of it.

  • SOR/2003-103, s. 3.

 No person, other than the holder of a licence to fish for marine mammals for experimental, scientific, educational or public display purposes issued under the Fishery (General) Regulations, shall

  • (a) move a live marine mammal from the immediate vicinity in which it is found; or

  • (b) tag or mark, or attempt to tag or mark, a live marine mammal in any manner.

Notice that Fishing Quota has been Reached

 Where an annual fishing quota fixed by these Regulations has been reached, a fishery officer shall notify the persons affected or likely to be affected by one or more of the methods set out in subsection 7(1) of the Fishery (General) Regulations.

Sale and Transportation

  •  (1) Subject to subsection (2), no person shall buy, sell, trade or barter the edible parts of a cetacean or walrus.

  • (2) Subsection (1) does not apply in respect of buying, selling, trading or bartering by

    • (a) an Indian or Inuk other than a beneficiary, within the Northwest Territories, the Yukon Territory, Quebec or Newfoundland; or

    • (b) a beneficiary, if the purchase, sale, trade or barter is carried out in accordance with the terms of the agreement under which the beneficiary is enrolled.

 No person shall buy, sell, trade, barter or possess a narwhal tusk unless the licence under the authority of which the narwhal was taken is attached to the tusk.

 The Minister shall, on application, issue a marine mammal transportation licence

  • (a) authorizing a person to take or carry edible marine mammal parts from one province to another for the personal use of that person or the members of that person’s family;

  • (b) in respect of non-edible marine mammal parts; or

  • (c) in respect of any marine mammal or marine mammal parts to be used for experimental, scientific, educational or public display purposes.

  •  (1) Subject to subsection (2), no person shall take or carry marine mammals or marine mammal parts from one province to another except under the authority of a marine mammal transportation licence issued by the Minister.

  • (2) Subsection (1) does not apply

    • (a) to a person who fishes for marine mammals in one province and resides in another province and who is taking or carrying his catch to his place of residence; or

    • (b) in respect of seals or seal parts taken from any of Sealing Areas 4 to 33.

Records and Reporting

  •  (1) Every person who is authorized under these Regulations to fish for cetaceans or walrus shall keep a record for a period of two years of any cetacean or walrus taken and shall produce that record for examination when requested to do so by a fishery officer.

  • (2) The record referred to in subsection (1) shall contain the time and place at which the cetacean or walrus was taken and the species, sex and colour of the cetacean or walrus.

PART IICetaceans

General

 In this Part, strike means to wound a cetacean but be unable to retrieve it from the water.

  • SOR/2003-103, s. 4.

 No person shall fish for a beluga calf, bowhead calf or narwhal calf or for an adult beluga, bowhead whale or narwhal that is accompanied by a calf.

 No person shall fish for cetaceans with a firearm unless the person uses

  • (a) a rifle and bullets that are not full metal-jacketed that produce a muzzle energy of not less than 1,500 foot pounds; or

  • (b) a shotgun and rifled slugs that produce a muzzle energy of not less than 1,500 foot pounds.

Beluga

 No person shall fish for beluga in the St. Lawrence River, the Saguenay River or any of their tributaries or in the Gulf of St. Lawrence.

 No person shall fish for beluga in an area described in column I of an item of Schedule II

  • (a) during the close time set out in column II of that item; or

  • (b) after notice has been given by a fishery officer that the annual fishing quota set out in column III of that item has been reached.

Bowhead Whales

 No person shall fish for bowhead whales in the waters described in column I of an item of the table to this section

  • (a) during the close time set out in column II of that item; or

  • (b) after notice has been given by a fishery officer that the annual fishing quota set out in column III of that item has been reached.

    TABLE

    ItemColumn IColumn IIColumn III
    WatersClose TimeAnnual Fishing Quota
    1

    The waters of the Beaufort Sea adjacent to the coasts of the Yukon Territory and the Northwest Territories that are enclosed by the coastline and straight lines joining the following points, in the order in which they are listed:

    PointNorth LatitudeWest Longitude
    169°26′N.139°00′W.
    269°30′N.139°00′W.
    369°30′N.136°18′W.
    469°00′N.136°18′W.
    569°00′N.137°28′W.
    Apr. 1 to Dec. 31Strike 2 or take 1, whichever occurs first
    2[Repealed, SOR/2008-99, s. 12]
  • SOR/2004-263, s. 2;
  • SOR/2008-99, s. 12.
 
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