Marine Mammal Regulations (SOR/93-56)

31 [Revoked, SOR/94-54, s. 1]

Observation of Seal Fisheries

• 32 (1) A seal fishery observation licence may be issued only if the Minister determines that the issuance of the licence will not cause disruption to a seal fishery.

• (2) For the purposes of subsection (1), the Minister, in determining whether the issuance of a seal fishery observation licence will cause disruption to a seal fishery in a specific geographical area, shall consider

  • (a) the period and geographical area for which the licence is being sought;

  • (b) the number of seal fishery observation licences previously issued for that period in that area;

  • (c) the number of seal hunters operating in that area;

  • (d) whether the applicant has a stated aim of disrupting the seal fishery or has been convicted, in the five years preceding the application for the licence, of tagging, marking or moving a live seal, of contravening subsection 33(1) or of violating a condition of a seal fishery observation licence; and

  • (e) any other relevant information.

• 33 (1) Subject to subsection (2), no person shall, except under the authority of a seal fishery observation licence issued by the Minister, approach within one nautical mile of a person who is fishing for seals.

• (2) Subsection (1) does not apply

  • (a) to a person who is authorized to fish for seals under these Regulations;

  • (b) in respect of commercial flights that are operating on scheduled flight plans;

  • (c) in respect of commercial vessels that are in transit;

  • (d) to employees of the Department who are performing their duties or functions or persons who are assisting them or who are otherwise present at the request of the Department; or

  • (e) to a person who resides on land within one nautical mile of a person who is fishing for seals.

Landings

33.1 Every person who fishes for seals for personal or commercial use shall land the pelt or the carcass of the seal.

Close Times

• 34 (1) No person shall fish for a species of seal set out in column I of Schedule IV in a Sealing Area or Subarea set out in column II with a class of fishing licence for seal set out in column III during the close time set out in column IV.

• (2) For the purpose of subsection (1), a close time set out in column IV of Schedule IV is deemed to be fixed in respect of each class of fishing licence for seal set out in column III.

• (3) For the purpose of subsection (1), a close time set out in column IV of Schedule IV is deemed to be fixed in respect of each Sealing Area or Subarea set out in column II.

• 34.1 (1) No person who may fish for seals under the authority of section 6 shall fish for seals of a species set out in column I of Schedule V in a Sealing Area or Subarea set out in column II during the close time set out in column III.

• (2) For the purpose of subsection (1), a close time set out in column III of Schedule V is deemed to be fixed in respect of each Sealing Area or Subarea set out in column II.

• (3) Subsection (1) does not apply in respect of Inuit domestic fishing, being the exercise by a person of the right to harvest any species or stock of fish for food, social and ceremonial purposes in accordance with the Agreement defined in section 2 of the Labrador Inuit Land Claims Agreement Act.

35 No person shall fish for seals in any of Sealing Areas 5 to 33 earlier than one-half hour before sunrise or later than one-half hour after sunset on any day.

36 No person shall fish for seals in the waters adjacent to the Gaspé coast in the Province of Quebec that are inside or shoreward of a straight line drawn from Pointe-au-Renard to a point at Latitude 49°00′N., Longitude 64°05′W., thence to a point at Latitude 48°25′N., Longitude 64°05′W., and thence to the lighthouse at Cap d’Espoir.

37 No person shall, except where otherwise authorized as a condition of a licence,

• (a) fish for seals during the period beginning on June 1 and ending on September 30 in the waters of Murray Harbour or its tributaries in the Province of Prince Edward Island that are inside a straight line drawn from the range light on Old Store Point at Latitude 46°01′17″N., Longitude 60°28′44″W., to the southernmost tip of Sable Point at Latitude 46°01′14″N., Longitude 62°29′07″W.;

• (b) fish for seals during the period beginning on May 1 and ending on September 30 in the waters of the Saguenay River, the St. Lawrence River and their tributaries that are west of Longitude 67°23′W. in the Province of Quebec;

• (c) fish for seals during the period beginning on June 1 and ending on September 30 in the waters adjacent to the coast of New Brunswick that are enclosed by the coastline and straight lines joining the following points, in the order in which they are listed:

  Point	North Latitude	West Longitude
  1	46°58′	64°50′
  2	46°44′	64°44′
  3	46°42′	64°47′

• (d) fish for seals during the period beginning on June 1 and ending on September 30 in the waters of the Magdalen Islands that are enclosed by straight lines joining the following points, in the order in which they are listed:

  Point	North Latitude	West Longitude
  1	47°27′12″	61°49′18″
  2	47°28′03″	61°47′42″
  3	47°27′36″	61°47′06″
  4	47°26′36″	61°48′42″

PART VMarine Mammal Disturbance

Authorized Disturbance

• 38 (1) Despite sections 7 and 7.2, the Minister may authorize the disturbance of marine mammals if it is established that the activity causing the disturbance

  • (a) could benefit marine mammals without jeopardizing the survival of the species in the wild;

  • (b) could improve a marine mammal’s immediate chance of survival;

  • (c) would contribute to the conservation and protection of marine mammals;

  • (d) could ease the pain and suffering of a marine mammal that is in distress;

  • (e) would contribute to marine scientific research; or

  • (f) would permit the production of audiovisual records of activities of marine mammals, which could facilitate a better understanding of marine mammals and thereby contribute to their conservation and protection.

• (2) The authorization may be subject to any condition respecting

  • (a) the waters in which marine mammals may be disturbed;

  • (b) the marine mammals that may be disturbed;

  • (c) the period during which marine mammals may be disturbed;

  • (d) the type, size, number and identification of vehicles that are permitted to be used and the persons who are permitted to operate them;

  • (e) the manner in which those vehicles are to be operated, including the distance they are required to maintain from marine mammals, their speed and direction and the requirement to avoid impeding the path of marine mammals;

  • (f) the manner in which marine mammals may be disturbed and the measures that are required to mitigate or minimize the negative effects of disturbing them;

  • (g) the diagnostic assessment or any other assessments that are to be carried out in respect of marine mammals before, during and after the disturbance;

  • (h) the information that must be reported to the Minister, as well as the method by which, the times at which and the person for whom the report is to be made; and

  • (i) the records that must be maintained with respect to the activity causing the disturbance as well as the manner and form in which the records are to be maintained, the times at which and the person for whom the records are to be produced and the period for which the records are to be retained.

Accidental Contact with Marine Mammals

39 Immediately after any accidental contact between a vehicle or fishing gear and a marine mammal, the operator of the vehicle or the fishing gear, as the case may be, shall — unless the contact is reported as a bycatch in a log book — notify the Minister of

• (a) the date, time and location of the incident;

• (b) the species of marine mammal involved in the incident;

• (c) the circumstances of the incident;

• (d) the size and type of vehicle and, if applicable, the type of fishing gear involved in the incident;

• (e) the weather and sea conditions at the time of the incident;

• (f) the observed state of the marine mammal after the incident; and

• (g) the direction of travel of the marine mammal after the incident, to the extent that it can be determined.