Marine Mammal Regulations
P.C. 1993-189 1993-02-04
His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to sections 8 and 43Footnote * and subsection 87(2) of the Fisheries Act, is pleased hereby to revoke the Beluga Protection Regulations, made by Order in Council P.C. 1980-1355 of May 22, 1980Footnote **, the Cetacean Protection Regulations, made by Order in Council P.C. 1982-1790 of June 17, 1982Footnote ***, the Narwhal Protection Regulations, C.R.C., c. 820, the Seal Protection Regulations, C.R.C., c. 833, and the Walrus Protection Regulations, made by Order in Council P.C. 1980-1216 of May 8, 1980Footnote ****, and to make the annexed Regulations respecting marine mammals, in substitution therefor, effective February 24, 1993.
Return to footnote *S.C. 1991, c. 1, s. 12
1 [Repealed, SOR/2018-126, s. 2]
- beluga calf
beluga calf means a beluga that is dark in colour and less than 2 m in length, measured from the point of the upper jaw to the notch between the tail flukes; (veau de béluga)
beneficiary means a person who is a beneficiary under
(b) the Agreement approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, or
- blinking reflex test
blinking reflex test[Repealed, SOR/2009-66, s. 1]
blueback means a hooded seal that has not moulted its blue coat; (jeune à dos bleu)
- bowhead calf
bowhead calf means a bowhead whale that is mottled in appearance and less than 7.5 m in length, measured from the point of the upper jaw to the notch between the tail flukes; (veau de baleine boréale)
- collector vessel
collector vessel means a vessel greater than 19.8 m in length that is used to collect, transport or process seals or seal parts fished from vessels 19.8 m in length or less; (bateau de récupération)
crushed, with respect to the cranium of a seal, means that both halves of the cranium have been broken so that neither half presents a solid structure when palpated; (écrasée)
Department means the Department of Fisheries and Oceans; (ministère)
licence[Revoked, SOR/93-336, s. 1]
- marine mammal
marine mammal[Revoked, SOR/94-52, s. 1]
- narwhal calf
narwhal calf means a narwhal that is light in colour and less than 1.8 m in length, measured from the point of the upper jaw to the notch between the tail flukes; (baleineau)
- nuisance seal
nuisance seal means a seal that represents a danger
palpate means to examine the right and left halves of the cranium by pressing it by hand from the top; (palpation)
- Sealing Area
Sealing Area means a Sealing Area illustrated and enumerated in Schedule III; (zone de pêche du phoque)
strike[Repealed, SOR/2003-103, s. 1]
Subarea has the same meaning as in section 1 of the Pacific Fishery Management Area Regulations, 2007; (sous-secteur)
whitecoat means a harp seal that has not begun to moult its white coat. (blanchon)
(2) A reference in these Regulations to a species or group of species of marine mammals by its common name as set out in column I of an item of Schedule I shall be construed as a reference to the species or group of species whose scientific name is set out in column II of that item.
(3) In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North American Datum 1927 (NAD 27) geodetic reference system.
(4) In these Regulations, the lines connecting points or coordinates are rhumb lines, unless stated otherwise.
- SOR/93-336, s. 1
- SOR/94-52, s. 1
- SOR/2003-103, s. 1
- SOR/2008-43, s. 1
- SOR/2008-99, s. 11
- SOR/2009-66, s. 1
- SOR/2018-110, s. 8
- SOR/2018-126, s. 3
3 These Regulations apply in respect of
(a) the management and control of fishing for marine mammals and related activities in Canada and in Canadian fisheries waters;
(b) the management and control of fishing for marine mammals from Canadian fishing vessels in the Antarctic; and
(c) the conservation and protection of marine mammals in Canada and in Canadian fisheries waters.
- SOR/2018-126, s. 4
- SOR/2010-270, s. 13
3.2 In the event of any inconsistency between these Regulations and any regulations respecting marine mammals made under the Oceans Act, the Saguenay-St. Lawrence Marine Park Act or the Canada National Marine Conservation Areas Act, the regulations made under those Acts shall prevail to the extent of the inconsistency.
- SOR/2018-126, s. 5
- SOR/2018-126, s. 5
4 (1) Subject to subsections (2) and 32(1), the Minister may, on application and payment of the fee set out in column II of an item of the table to this subsection, issue a licence referred to in column I of that item.
Item Column I Column II Licence Fee 1 Fishing Licence
(a) No charge
(b) Bowhead whale
(b) No charge
(c) Cetacean other than beluga, bowhead whale, narwhal or right whale
(d) No charge
(e) Seal — personal use
(f) Seal — commercial use
(g) Nuisance seal
2 Seal Fishery Observation Licence $25 3 Marine Mammal Transportation Licence No charge 4 Collector Vessel Licence $25
(2) A licence to fish for narwhal shall not be issued to a person other than an Inuk.
- SOR/2003-103, s. 2
- Date modified: