Marine Mammal Regulations (SOR/93-56)

1 [Repealed, SOR/2018-126, s. 2]

Interpretation

• 2 (1) In these Regulations,

  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

  beneficiary means a person who is a beneficiary under

  • (a) the Agreement approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act,

  • (b) the Agreement approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, or

  • (c) the Agreement approved, given effect and declared valid by the Labrador Inuit Land Claims Agreement Act; (bénéficiaire)

  blinking reflex test

  blinking reflex test[Repealed, SOR/2009-66, s. 1]

  blueback

  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

  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

  Department means the Department of Fisheries and Oceans; (ministère)

  licence

  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

  • (a) to fishing equipment despite deterrence efforts, or

  • (b) based on a scientific recommendation, to the conservation of anadromous or catadromous fish stocks because it inflicts great damage to them along estuaries and in rivers and lakes during the migration of those species; (phoque nuisible)

  palpate

  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

  strike[Repealed, SOR/2003-103, s. 1]

  Subarea

  Subarea has the same meaning as in section 1 of the Pacific Fishery Management Area Regulations, 2007; (sous-secteur)

  whitecoat

  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.

Application

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.

3.1 Despite paragraph 3(a), these Regulations do not apply to fishing for marine mammals that is authorized by an aquaculture licence issued under the Pacific Aquaculture Regulations.

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.

3.3 In the event of any inconsistency between these Regulations and the Canadian Aviation Regulations, the latter shall prevail to the extent of the inconsistency.

PART IGeneral

Licensing

• 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) Beluga	(a) No charge
  	(b) Bowhead whale	(b) No charge
  	(c) Cetacean other than beluga, bowhead whale, narwhal or right whale	(c) $5
  	(d) Narwhal	(d) No charge
  	(e) Seal — personal use	(e) $5
  	(f) Seal — commercial use	(f) $5
  	(g) Nuisance seal	(g) $5
  	(h) Walrus	(h) $5
  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.

5 Subject to section 6, no person shall fish for marine mammals except under the authority of a licence issued under these Regulations or under the Aboriginal Communal Fishing Licences Regulations.

• 6 (1) An Indian or Inuk other than a beneficiary may, without a licence, fish for food, social or ceremonial purposes for

  • (a) seals;

  • (b) cetaceans, except beluga in the areas described in column I of items 1 to 7 of Schedule II, bowhead whales, right whales and narwhal; and

  • (c) subject to section 26, four walrus in a year.

• (2) A beneficiary may, without a licence, fish for food, social or ceremonial purposes within the area covered by the agreement under which the beneficiary is enrolled for

  • (a) seals;

  • (b) cetaceans, except beluga in the areas described in column I of items 1 to 7 of Schedule II, bowhead whales, right whales and narwhal; and

  • (c) subject to section 26, four walrus in a year.

• (3) A person, other than a person referred to in subsection (1) or (2), who resides immediately adjacent to any of Sealing Areas 1 to 4 may fish for seals without a licence in any of those Sealing Areas for food purposes.

Prohibitions

• 7 (1) No person shall disturb a marine mammal except

  • (a) when carrying on a work, undertaking or activity that is authorized, otherwise permitted or required under the Act;

  • (b) when fishing for marine mammals under the authority of these Regulations;

  • (c) in the manner set out in a licence issued under the Fishery (General) Regulations authorizing them to fish for marine mammals for experimental, scientific, educational or public display purposes; or

  • (d) in the manner authorized under the Species at Risk Act.

• (2) For the purposes of subsection (1), disturb includes to approach the marine mammal to, or to attempt to,

  • (a) feed it;

  • (b) swim with it or interact with it;

  • (c) move it or entice or cause it to move from the immediate vicinity in which it is found;

  • (d) separate it from members of its group or go between it and a calf;

  • (e) trap it or its group between a vessel and the shore or between a vessel and one or more other vessels; or

  • (f) tag or mark it.

• (3) For the purposes of subsection (1), in the case of a marine mammal that is of a species set out in column 1 of Schedule VI, disturb also includes to approach the marine mammal with a vehicle of the type set out in column 2 within the approach distance set out in column 3 in the area set out in column 4 during the period set out in column 5.

• (4) For the purposes of subsection (1), in the case of a whale, dolphin or porpoise in resting position or with its calf, disturb also includes to approach the whale, dolphin or porpoise with a vehicle of the type set out in column 2 of Schedule VI, at an approach distance of less than 200 m in all Canadian fisheries waters from January 1 to December 31.

• (5) The requirement to respect the approach distances set out in Schedule VI and in subsection (4) does not apply to

  • (a) a vessel that is in transit; or

  • (b) the holder of a seal fishery observation licence who is observing the seal fishery.

7.1 The prohibition set out in section 7 does not apply to

• (a) 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

• (b) employees of the Parks Canada Agency or the Department of National Defence, members of the Canadian Forces and peace officers, while they are performing their duties or functions.

• 7.2 (1) When an aircraft is being operated at an altitude of less than 304.8 m (1,000 ft.) within a radius of one-half nautical mile from a marine mammal, no person shall perform a flight manoeuvre — including taking off, landing or altering the course or altitude of the aircraft — for the purpose of bringing the aircraft closer to the marine mammal or otherwise disturbing it.

• (2) Subsection (1) does not apply

  • (a) to the holder of a licence that is issued under the Fishery (General) Regulations and that authorizes fishing for marine mammals for experimental, scientific, educational or public display purposes, when the holder is conducting activities authorized by the licence;

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

  • (c) to employees of the Parks Canada Agency or the Department of National Defence, members of the Canadian Forces and peace officers, who are performing their duties or functions;

  • (d) to a commercial flight that is operating on a scheduled flight plan; or

  • (e) to a helicopter that is being used for seal pup observation on the ice of the waters of the Gulf of St. Lawrence, if it maintains a distance of at least two metres from the seal pups.

• (3) Despite subsection (1), the holder of a seal fishery observation licence is permitted to take off or land an aircraft within a radius of one-half nautical mile from a marine mammal for the purpose of conducting activities authorized by the licence.