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Hecate Strait and Queen Charlotte Sound Glass Sponge Reefs Marine Protected Areas Regulations

SOR/2017-15

OCEANS ACT

Registration 2017-02-13

Hecate Strait and Queen Charlotte Sound Glass Sponge Reefs Marine Protected Areas Regulations

P.C. 2017-110 2017-02-13

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsection 35(3) of the Oceans ActFootnote a, makes the annexed Hecate Strait and Queen Charlotte Sound Glass Sponge Reefs Marine Protected Areas Regulations.

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in these Regulations.

    glass sponge reefs

    glass sponge reefs means the glass sponge reefs that lie within the Marine Protected Areas. (récifs d’éponges siliceuses)

    Marine Protected Areas

    Marine Protected Areas means the areas of the sea that are designated by section 2. (zones de protection marine)

  • Marginal note:Geographical coordinates

    (2) In the Schedules, all geographical coordinates (latitude and longitude) are expressed in the North America Datum 1983 (NAD 83) reference system.

Designation

Marginal note:Marine Protected Areas

  •  (1) The following areas of the sea are designated as the Hecate Strait and Queen Charlotte Sound Glass Sponge Reefs Marine Protected Areas:

    • (a) the Northern Reef Marine Protected Area, depicted in Schedule 1 and bounded by a series of rhumb lines drawn from points A to L, the coordinates of which are set out in that Schedule, and then back to point A;

    • (b) the Central Reefs Marine Protected Area, depicted in Schedule 1 and bounded by a series of rhumb lines drawn from points M to Y, the coordinates of which are set out in that Schedule, and then back to point M; and

    • (c) the Southern Reef Marine Protected Area, depicted in Schedule 1 and bounded by a series of rhumb lines drawn from points Z to EE, the coordinates of which are set out in that Schedule, and then back to point Z.

  • Marginal note:Seabed, subsoil and water column

    (2) Each Marine Protected Area consists of the seabed, the subsoil to a depth of 20 m and the water column above the seabed.

Marine Protected Areas

Northern Reef Marine Protected Area

Marginal note:Northern Reef Marine Protected Area

  •  (1) The Northern Reef Marine Protected Area consists of a core protection zone, a vertical adaptive management zone and an adaptive management zone.

  • Marginal note:Core protection zone

    (2) The core protection zone consists of the seabed, the subsoil to a depth of 20 m and the water column above the seabed to a depth of 100 m below the sea surface. The boundaries of the core protection zone are represented by a series of rhumb lines drawn from points 1 to 12, the coordinates of which are set out in Schedule 2, and then back to point 1.

  • Marginal note:Vertical adaptive management zone

    (3) The vertical adaptive management zone consists of the water column that extends above the core protection zone to the sea surface.

  • Marginal note:Adaptive management zone

    (4) The adaptive management zone consists of the seabed, subsoil and waters of the Northern Reef Marine Protected Area that are not part of the core protection zone or the vertical adaptive management zone.

Central Reefs Marine Protected Area

Marginal note:Central Reefs Marine Protected Area

  •  (1) The Central Reefs Marine Protected Area is composed of two core protection zones (Zone A and Zone B), two vertical adaptive management zones and an adaptive management zone.

  • Marginal note:Core protection zone (Zone A)

    (2) Zone A consists of the seabed, the subsoil to a depth of 20 m and the water column above the seabed to a depth of 120 m below the sea surface. The boundaries of Zone A are represented by a series of rhumb lines drawn from points 13 to 23, the coordinates of which are set out in Schedule 3, and then back to point 13.

  • Marginal note:Core protection zone (Zone B)

    (3) Zone B consists of the seabed, the subsoil to a depth of 20 m and the water column above the seabed to a depth of 120 m below the sea surface. The boundaries of Zone B are represented by a series of rhumb lines drawn from points 24 to 32, the coordinates of which are set out in Schedule 3, and then back to point 24.

  • Marginal note:Vertical adaptive management zones

    (4) The vertical adaptive management zones consist of the water columns that extend above Zone A and Zone B to the sea surface.

  • Marginal note:Adaptive management zone

    (5) The adaptive management zone consists of the seabed, subsoil and waters of the Central Reefs Marine Protected Area that are not part of the core protection zones or the vertical adaptive management zones.

Southern Reef Marine Protected Area

Marginal note:Southern Reef Marine Protected Area

  •  (1) The Southern Reef Marine Protected Area is composed of a core protection zone, a vertical adaptive management zone and an adaptive management zone.

  • Marginal note:Core protection zone

    (2) The core protection zone consists of the seabed, the subsoil to a depth of 20 m and the water column above the seabed to a depth of 146 m below the sea surface. The boundaries of the core protection zone are represented by a series of rhumb lines drawn from points 33 to 39, the coordinates of which are set out in Schedule 4, and then back to point 33.

  • Marginal note:Vertical adaptive management zone

    (3) The vertical adaptive management zone consists of the water column that extends above the core protection zone to the sea surface.

  • Marginal note:Adaptive management zone

    (4) The adaptive management zone consists of the seabed, subsoil and waters of the Southern Reef Marine Protected Area that are not part of the core protection zone or the vertical adaptive management zone.

Prohibited Activities

Marginal note:Prohibition

 It is prohibited in the Marine Protected Areas to

  • (a) carry out any activity that disturbs, damages, destroys or removes any living marine organism or any part of its habitat or is likely to do so; or

  • (b) carry out any scientific research or monitoring, or any educational activity, unless it is part of an activity plan that has been approved by the Minister.

Exceptions

Marginal note:Permitted activities

 Despite paragraph 6(a), the following activities may be carried out in the Marine Protected Areas:

  • (a) fishing in the adaptive management and vertical adaptive management zones if

    • (i) the fishing is not likely to result in the damage, destruction or removal of any part of the glass sponge reefs,

    • (ii) the fishing is carried out in accordance with the Fisheries Act and its regulations,

    • (iii) the fishing is carried out in accordance with the Coastal Fisheries Protection Act and its regulations,

    • (iv) in the case of commercial fishing in a vertical adaptive management zone, the fishing is carried out by means of midwater trawl, midwater hook and line, troll, seine or gillnet and the gear does not enter a core protection zone, and

    • (v) in the case of recreational fishing in a vertical adaptive management zone, the fishing is carried out by means of midwater hook and line and the gear does not enter a core protection zone;

  • (b) navigation of vessels in the adaptive management and vertical adaptive management zones that is carried out

  • (c) the laying, maintenance or repair of cables in the adaptive management zones if the laying, maintenance or repair is not likely to result in the damage, destruction or removal of any part of the glass sponge reefs;

  • (d) any activity that is carried out for the purpose of public safety, national defence, national security, law enforcement or responding to an emergency; and

  • (e) any activity that is part of an activity plan that has been approved by the Minister.

Activity Plan

Marginal note:Submission of activity plan

  •  (1) Any person may submit to the Minister an activity plan for the carrying out of scientific research or monitoring, or educational activities, in the Marine Protected Areas.

  • Marginal note:Activity plan

    (2) The activity plan must contain

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

    • (b) if the 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 and address of its owner, master and any operator;

    • (d) the proposed dates of the vessel’s first entry into and final exit from the Marine Protected Areas, and any proposed alternative dates;

    • (e) the geographic 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 Areas;

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

    • (g) a detailed description of the proposed activity and its purpose;

    • (h) 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;

    • (i) a description of any scientific research or monitoring, or educational activities, that the person has previously carried out in the Marine Protected Areas or anticipates carrying out in those areas in the future; and

    • (j) a description of any measures to be taken to monitor, avoid, minimize or mitigate any environmental effects of the proposed activity.

Marginal note:Approval of activity plans

  •  (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 adversely impact the biological, chemical or oceanographic processes that maintain or enhance the biodiversity, structural habitat or ecosystem function of the glass sponge reefs and will serve to

      • (i) increase knowledge of the biodiversity, structural habitat or ecosystem function of the Marine Protected Areas,

      • (ii) assist in the management of the Marine Protected Areas, or

      • (iii) assist in the evaluation of the effectiveness of any measures taken to conserve and protect the Marine Protected Areas; and

    • (b) the educational activities set out in the plan are not likely to result in the damage, destruction or removal of any part of the glass sponge reefs and will serve to increase public awareness of the Marine Protected Areas.

  • 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;

    • (b) the cumulative environmental effects of the proposed activity, in combination with any other past and current activities carried out in the Marine Protected Areas, are likely to adversely impact the biological, chemical or oceanographic processes that maintain or enhance the biodiversity, structural habitat or ecosystem function of the glass sponge reefs; or

    • (c) any educational activity within a core protection zone is proposed.

  • 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 activity 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:Studies, reports or other work

  •  (1) If an activity plan has been approved by the Minister, the person who submitted the plan must provide the Minister with a copy of any study, report or other work that results from the activity and that is related to the conservation and protection of the Marine Protected Areas.

  • Marginal note:Data

    (2) The study, report or other work must be accompanied by the data that was obtained during the activity.

  • Marginal note:Deadline

    (3) The study, report or other work, together with the data, must be provided to the Minister within 90 days after the day on which the study, report or other work is completed.

  • Marginal note:Data

    (4) If the study, report or other work is not completed within a period of three years after the last day of the scientific research or monitoring activity or educational activity, the person must submit the data that was obtained during the activity to the Minister within 90 days after that period.

Coming into force

Marginal note:Registration

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

SCHEDULE 1(Section 2)Hecate Strait and Queen Charlotte Sound Glass Sponge Reefs Marine Protected Areas

Schedule 1 is a map depicting the location of the three Marine Protected Areas within Hecate Strait and Queen Charlotte Sound. The Schedule also includes three tables setting out the geographic coordinates of the Marine Protected Areas.

SCHEDULE 2(Subsection 3(2))Northern Reef Marine Protected Area

Schedule 2 is a map depicting the Northern Reef Marine Protected Area as a Core Protection Zone surrounded by an Adaptive Management Zone. The Schedule also includes a table setting out the geographic coordinates of the Core Protection Zone.

SCHEDULE 3(Subsections 4(2) and (3))Central Reefs Marine Protected Area

Schedule 3 is a map depicting the Central Reefs Marine Protected Area as two Core Protection Zones surrounded by an Adaptive Management Zone. The Schedule also includes two tables setting out the geographic coordinates of the Core Protection Zones.

SCHEDULE 4(Subsection 5(2))Southern Reef Marine Protected Area

Schedule 4 is a map depicting the Southern Reef Marine Protected Area as a Core Protection Zone surrounded by an Adaptive Management Zone. The schedule also includes a table setting out the geographic coordinates of the Core Protection Zone.
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