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Marine Mammal Regulations (SOR/93-56)

Regulations are current to 2019-11-19 and last amended on 2018-11-02. Previous Versions

PART IVSeals (continued)

Close Times (continued)

 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.

 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.

 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:

    PointNorth LatitudeWest Longitude
    146°58′64°50′
    246°44′64°44′
    346°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:

    PointNorth LatitudeWest Longitude
    147°27′12″61°49′18″
    247°28′03″61°47′42″
    347°27′36″61°47′06″
    447°26′36″61°48′42″
  • SOR/2009-66, s. 4

PART VMarine Mammal Disturbance

Authorized Disturbance

  •  (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.

  • SOR/2018-126, s. 9

Accidental Contact with Marine Mammals

 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.

  • SOR/2018-126, s. 9
 
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