Marine Mammal Regulations (SOR/93-56)

Regulations are current to 2019-06-20 and last amended on 2018-11-02. Previous Versions

PART IGeneral (continued)

Sale and Transportation (continued)

  •  (1) Subject to subsection (2), no person shall take or carry marine mammals or marine mammal parts from one province to another except under the authority of a marine mammal transportation licence issued by the Minister.

  • (2) Subsection (1) does not apply

    • (a) to a person who fishes for marine mammals in one province and resides in another province and who is taking or carrying his catch to his place of residence;

    • (b) in respect of seals or seal parts taken from any of Sealing Areas 4 to 33; or

    • (c) to a beneficiary who is transporting any marine mammal or marine mammal parts in accordance with the Agreement referred to in paragraph (c) of the definition beneficiary.

  • SOR/2018-110, s. 10

Records and Reporting

  •  (1) Every person who is authorized under these Regulations to fish for cetaceans or walrus shall keep a record for a period of two years of any cetacean or walrus taken and shall produce that record for examination when requested to do so by a fishery officer.

  • (2) The record referred to in subsection (1) shall contain the time and place at which the cetacean or walrus was taken and the species, sex and colour of the cetacean or walrus.

PART IICetaceans

General

 In this Part, strike means to wound a cetacean but be unable to retrieve it from the water.

  • SOR/2003-103, s. 4

 No person shall fish for a beluga calf, bowhead calf or narwhal calf or for an adult beluga, bowhead whale or narwhal that is accompanied by a calf.

 No person shall fish for cetaceans with a firearm unless the person uses

  • (a) a rifle and bullets that are not full metal-jacketed that produce a muzzle energy of not less than 1,500 foot pounds; or

  • (b) a shotgun and rifled slugs that produce a muzzle energy of not less than 1,500 foot pounds.

Beluga

 No person shall fish for beluga in the St. Lawrence River, the Saguenay River or any of their tributaries or in the Gulf of St. Lawrence.

 No person shall fish for beluga in an area described in column I of an item of Schedule II

  • (a) during the close time set out in column II of that item; or

  • (b) after notice has been given by a fishery officer that the annual fishing quota set out in column III of that item has been reached.

Bowhead Whales

 No person shall fish for bowhead whales in the waters described in column I of an item of the table to this section

  • (a) during the close time set out in column II of that item; or

  • (b) after notice has been given by a fishery officer that the annual fishing quota set out in column III of that item has been reached.

    TABLE

    ItemColumn IColumn IIColumn III
    WatersClose TimeAnnual Fishing Quota
    1

    The waters of the Beaufort Sea adjacent to the coasts of the Yukon Territory and the Northwest Territories that are enclosed by the coastline and straight lines joining the following points, in the order in which they are listed:

    PointNorth LatitudeWest Longitude
    169°26′N.139°00′W.
    269°30′N.139°00′W.
    369°30′N.136°18′W.
    469°00′N.136°18′W.
    569°00′N.137°28′W.
    Apr. 1 to Dec. 31Strike 2 or take 1, whichever occurs first
    2[Repealed, SOR/2008-99, s. 12]
  • SOR/2004-263, s. 2
  • SOR/2008-99, s. 12

Narwhal

 No person who ordinarily resides in a settlement set out in column I of an item of the table to this section shall fish for narwhal after notice has been given by a fishery officer that the annual fishing quota set out in column II of that item has been reached.

TABLE

ItemColumn IColumn II
SettlementAnnual Fishing Quota
1Arctic Bay100
2Broughton Island50
3Cape Dorset10
4Clyde River50
5Coral Harbour10
6Creswell Bay12
7Gjoa Haven10
8Grise Fiord20
9Hall Beach10
10Igloolik10
11Iqaluit10
12Lake Harbour10
13Pangnirtung40
14Pelly Bay10
15Pond Inlet100
16Repulse Bay25
17Resolute Bay20
18Spence Bay10
19Rankin Inlet10
20Chesterfield Inlet5
21Whale Cove5

 Every person who kills a narwhal shall forthwith

  • (a) affix the licence under the authority of which it was killed securely to the tusk of the narwhal or, where there is no tusk, to the carcass of the narwhal;

  • (b) mark the month of the kill by making a notch in the appropriate date square indicated on the edge of the licence; and

  • (c) tear off the portion of the licence indicated on the licence, mark on that portion of the licence the month in which the narwhal was killed and the sex of the narwhal, and return that portion of the licence as soon as possible to the person who issued the licence.

 
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