St. Anns Bank Marine Protected Area Regulations (SOR/2017-106)

Interpretation

Marginal note:Definition of Marine Protected Area

• 1 (1) In these Regulations, Marine Protected Area means the area of the sea that is designated by section 2.

• Marginal note:Geographical coordinates

  (2) In Schedules 1 and 2, all geographical coordinates (latitude and longitude) are expressed in the North America Datum 1983 (NAD83) reference system.

Designation

Marginal note:Marine Protected Area

• 2 (1) The area depicted in Schedule 1 that is bounded by a series of rhumb lines drawn from points 1 to 10, the coordinates of each of which are set out in that Schedule, and back to point 1 is designated as the St. Anns Bank Marine Protected Area.

• Marginal note:Seabed, subsoil and water column

  (2) The Marine Protected Area consists of the seabed, the subsoil to a depth of five metres and the water column above the seabed.

Management Zones

Marginal note:Boundaries

3 The Marine Protected Area consists of the following management zones:

• (a) Zone 1, as depicted in Schedule 2, bounded by a series of rhumb lines drawn from point 18, then to point 20, then to point 2, then to point 8, passing through points 3, 4, 5, 6 and 7, then to point 17, then to point 16, then to point 15, then to point 9, then to point 13, then to point 12, then to point 11, then to point 14, then to point 19, the coordinates of each of which are set out in that Schedule, and back to point 18;

• (b) Zone 2, as depicted in Schedule 2, bounded by a series of rhumb lines drawn from point 1, then to point 2, then to point 20, then to point 18, then to point 19, then to point 10, the coordinates of each of which are set out in that Schedule, and back to point 1;

• (c) Zone 3, as depicted in Schedule 2, bounded by a series of rhumb lines drawn from point 14, then to point 11, then to point 12, then to point 13, the coordinates of each of which are set out in that Schedule, and back to point 14;

• (d) Zone 4, as depicted in Schedule 2, bounded by a series of rhumb lines drawn from point 8, then to point 15, then to point 16, then to point 17, the coordinates of each of which are set out in that Schedule, and back to point 8.

Prohibited Activities

Marginal note:Prohibition

4 Subject to sections 5 to 8, it is prohibited in the Marine Protected Area to carry out any activity that disturbs, damages, destroys or removes from the Marine Protected Area any living marine organism or any part of its habitat or is likely to do so.

Exceptions

Marginal note:Fishing

5 The following activities may be carried out in the Marine Protected Area if they are carried out in accordance with the provisions of the Fisheries Act, the Coastal Fisheries Protection Act and their regulations:

• (a) fishing, other than commercial fishing, that is authorized under the Aboriginal Communal Fishing Licences Regulations;

• (b) fishing for seals and any related activity that is authorized under the Marine Mammal Regulations or the Aboriginal Communal Fishing Licences Regulations;

• (c) in Zone 2, commercial or recreational fishing by means of a pot, trap, rod and reel, harpoon, bottom longline, handline, gill net or by diving;

• (d) in Zones 3 and 4, commercial or recreational fishing by means of a pot, trap, rod and reel, harpoon, bottom longline or handline.

Marginal note:Navigation

6 Navigation may be carried out in the Marine Protected Area.

Marginal note:Safety or emergency

7 An activity may be carried out in the Marine Protected Area if it is carried out for the purpose of public safety, national defence, national security, law enforcement or to respond to an emergency.

Marginal note:Activity plan

8 Any activity that is part of an activity plan that has been approved by the Minister may be carried out in the Marine Protected Area.

Activity Plan

Marginal note:Submission and contents

9 Any person who proposes to carry out a scientific research or monitoring activity, educational activity or commercial marine tourism activity in the Marine Protected Area must submit to the Minister an activity plan that contains the following information:

• (a) the person’s name, address, telephone number and email address;

• (b) if the activity plan is submitted by an institution or organization, the name of the individual who will be responsible for the proposed activity and their title, address, telephone number and email address;

• (c) the name of each vessel that the person proposes to use to carry out the activity, its state of registration and registration number, its radio call sign and the name, address, telephone number and email address of its owner, master and any operator;

• (d) a detailed description of the proposed activity and its purpose, the methods or techniques that are to be used to carry out the activity and the data to be collected;

• (e) the geographical coordinates of the site of the proposed activity and a map that shows the location of the activity within the boundaries of the Marine Protected Area;

• (f) the proposed dates and alternative dates on which the activity is to be carried out;

• (g) a list of the equipment that is to be used, the means by which it will be deployed and retrieved and the methods by which it is to be anchored or moored;

• (h) a list of the samples — including their quantities — that are to be collected;

• (i) a list of any substances that may be deposited during the proposed activity in the Marine Protected Area — other than substances that are authorized under the Canada Shipping Act, 2001 to be deposited in the navigation of a vessel — and the quantity and concentration of each substance;

• (j) a description of the adverse environmental effects that are likely to result from carrying out the proposed activity and of any measures that are to be taken to monitor, avoid, minimize or mitigate those effects;

• (k) a description of any scientific research or monitoring activity, educational activity or commercial marine tourism activity that the person has carried out or anticipates carrying out in the Marine Protected Area;

• (l) a general description of any study, report or other work that is anticipated to result from the proposed activity and its anticipated date of completion.

Marginal note:Approval of activity plan

• 10 (1) The Minister must approve an activity plan if

  • (a) the scientific research or monitoring activities set out in the plan are not likely to destroy the habitat of any living marine organism in the Marine Protected Area and will serve to

    • (i) increase knowledge of the biodiversity or the biological productivity of the Marine Protected Area or the habitat of any living marine organism in the Marine Protected Area, or

    • (ii) assist in the management of the Marine Protected Area; and

  • (b) the educational activities or commercial marine tourism activities set out in the plan

    • (i) will serve to increase public awareness of the Marine Protected Area, and

    • (ii) are not likely to damage, destroy or remove in the Marine Protected Area any living marine organism or any part of its habitat;

• Marginal note:Approval prohibited

  (2) Despite subsection (1), the Minister must not approve an activity plan if

  • (a) any substance that may be deposited during the proposed activity is a deleterious substance as defined in subsection 34(1) of the Fisheries Act, unless the deposit of the substance is authorized under subsection 36(4) of that Act; or

  • (b) the cumulative environmental effects of the proposed activity, in combination with any other past and current activities carried out in the Marine Protected Area, are such that the activity is likely to adversely affect the biodiversity or the biological productivity of the Marine Protected Area or destroy the habitat of any living marine organism in the Marine Protected Area.

• Marginal note:Timeline for approval

  (3) The Minister’s decision in respect of an activity plan must be made within

  • (a) 60 days after the day on which the plan is received; or

  • (b) if amendments to the plan are made, 60 days after the day on which the amended plan is received.

Marginal note:Post-activity report

11 If an activity plan has been approved by the Minister, the person who submitted the plan must, within 90 days after the last day of the activity, provide the Minister with a post-activity report that contains

• (a) a list of the samples — including their quantities — and the data that were collected during the activity, including the dates on which and the geographical coordinates of the sites where the sampling was done;

• (b) an evaluation of the effectiveness of any measures taken to monitor, avoid, minimize or mitigate the adverse environmental effects of the activity; and

• (c) a description of any event that occurred during the activity and that was not anticipated in the activity plan, if the event could result in the disturbance, damage, destruction or removal in the Marine Protected Area of any living marine organism or any part of its habitat.

Coming into Force

Marginal note:Registration

12 These Regulations come into force on the day on which they are registered.

SCHEDULE 1(Subsections 1(2) and 2(1))Marine Protected Area

SCHEDULE 2(Subsection 1(2) and section 3)Management Zones