Marine Mammal Regulations

Marine Mammal Regulations His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to sections 8 and 43* 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, 1980**, the Cetacean Protection Regulations, made by Order in Council P.C. 1982-1790 of June 17, 1982***, 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, 1980****, and to make the annexed Regulations respecting marine mammals, in substitution therefor, effective February 24, 1993. S.C. 1991, c. 1, s. 12 SOR/80-376, 1980 Canada Gazette Part II, p. 1944 SOR/82-614, 1982 Canada Gazette Part II, p. 2188 SOR/80-338, 1980 Canada Gazette Part II, p. 1860 [Repealed, SOR/2018-126, s. 2] In these Regulations, beluga calf means a beluga that is dark in colour and less than 2 m in length, measured from the point of the upper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 the Agreement approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act, the Agreement approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, or the Agreement approved, given effect and declared valid by the Labrador Inuit Land Claims Agreement Act; (bénéficiaire) blinking reflex test[Repealed, SOR/2009-66, s. 1] blueback means a hooded seal that has not moulted its blue coat; (jeune à dos bleu) bowhead calf means a bowhead whale that is mottled in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 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[Revoked, SOR/94-52, s. 1] 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 means a seal that represents a danger to fishing equipment despite deterrence efforts, or 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 means to examine the right and left halves of the cranium by pressing it by hand from the top; (palpation) 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) 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. In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North American Datum 1927 (NAD 27) geodetic reference system. In these Regulations, the lines connecting points or coordinates are rhumb lines, unless stated otherwise. These Regulations apply in respect of the management and control of fishing for marine mammals and related activities in Canada and in Canadian fisheries waters; the management and control of fishing for marine mammals from Canadian fishing vessels in the Antarctic; and the conservation and protection of marine mammals in Canada and in Canadian fisheries waters. 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. 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. In the event of any inconsistency between these Regulations and the Canadian Aviation Regulations, the latter shall prevail to the extent of the inconsistency. 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. Beluga No charge Bowhead whale Cetacean other than beluga, bowhead whale, narwhal or right whale $5 Narwhal Seal — personal use Seal — commercial use Nuisance seal Walrus A licence to fish for narwhal shall not be issued to a person other than an Inuk. 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. An Indian or Inuk other than a beneficiary may, without a licence, fish for food, social or ceremonial purposes for seals; 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 subject to section 26, four walrus in a year. 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 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. No person shall disturb a marine mammal except when carrying on a work, undertaking or activity that is authorized, otherwise permitted or required under the Act; when fishing for marine mammals under the authority of these Regulations; 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 in the manner authorized under the Species at Risk Act. For the purposes of subsection (1), disturb includes to approach the marine mammal to, or to attempt to, feed it; swim with it or interact with it; move it or entice or cause it to move from the immediate vicinity in which it is found; separate it from members of its group or go between it and a calf; trap it or its group between a vessel and the shore or between a vessel and one or more other vessels; or tag or mark it. 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. 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. The requirement to respect the approach distances set out in Schedule VI and in subsection (4) does not apply to a vessel that is in transit; or the holder of a seal fishery observation licence who is observing the seal fishery. The prohibition set out in section 7 does not apply 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 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. 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. Subsection (1) does not apply 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; 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; 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; to a commercial flight that is operating on a scheduled flight plan; or 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. 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. No person shall attempt to kill a marine mammal except in a manner that is designed to kill it quickly. No person shall fish for a marine mammal without having on hand the equipment that is necessary to retrieve it. No person who kills or wounds a marine mammal shall fail to make a reasonable effort to retrieve it without delay; or subject to section 33.1, abandon or discard it. No person who kills a cetacean or walrus shall waste any edible part of it. [Repealed, SOR/2018-126, s. 7] Where an annual fishing quota fixed by these Regulations has been reached, a fishery officer shall notify the persons affected or likely to be affected by one or more of the methods set out in subsection 7(1) of the Fishery (General) Regulations. Subject to subsection (2), no person shall buy, sell, trade or barter the edible parts of a cetacean or walrus. Subsection (1) does not apply in respect of buying, selling, trading or bartering by an Indian or Inuk, other than a beneficiary, within the Northwest Territories, Yukon, Quebec or Newfoundland and Labrador; or a beneficiary, if the purchase, sale, trade or barter is carried out in accordance with the terms of the agreement under which the beneficiary is enrolled. No person shall buy, sell, trade, barter or possess a narwhal tusk unless the licence under the authority of which the narwhal was taken is attached to the tusk. The Minister shall, on application, issue a marine mammal transportation licence authorizing a person to take or carry edible marine mammal parts from one province to another for the personal use of that person or the members of that person’s family; in respect of non-edible marine mammal parts; or in respect of any marine mammal or marine mammal parts to be used for experimental, scientific, educational or public display purposes. 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. 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; in respect of seals or seal parts taken from any of Sealing Areas 4 to 33; or 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. 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. 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. In this Part, strike means to wound a cetacean but be unable to retrieve it from the water. 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 rifle and bullets that are not full metal-jacketed that produce a muzzle energy of not less than 1,500 foot pounds; or a shotgun and rifled slugs that produce a muzzle energy of not less than 1,500 foot pounds. 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 during the close time set out in column II of that item; or 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. No person shall fish for bowhead whales in the waters described in column I of an item of the table to this section 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: 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. Every person who kills a narwhal shall forthwith 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; mark the month of the kill by making a notch in the appropriate date square indicated on the edge of the licence; and 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. No person shall fish for walrus with a firearm unless the person uses 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 walrus 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. Every person who fishes for seals shall hold at least one of the following licences: a fishing licence for seal — personal use; a fishing licence for seal — commercial use; or a fishing licence for nuisance seal. The operator of a collector vessel shall hold a collector vessel licence. The Minister may establish — on the basis of the size of vessels used by licence holders for fishing seals, licence holders’ home ports and any other factor relevant to seal fishing — classes of fishing licences for seal referred to in subsection 26.1(1). No person other than a beneficiary shall sell, trade or barter a whitecoat or blueback. No person shall fish for seals, for personal or commercial use, in any of Sealing Areas 4 to 33 except with a round club made of hardwood that measures not less than 60 cm and not more than 1 m in length and that, for at least half of its length, beginning at one end, measures not less than 5 cm and not more than 7.6 cm in diameter; an instrument known as a hakapik, consisting of a metal ferrule that weighs at least 340 g with a slightly bent spike not more than 14 cm in length on one side of the ferrule and a blunt projection not more than 1.3 cm in length on the opposite side of the ferrule and that is attached to a wooden handle that measures not less than 105 cm and not more than 153 cm in length and not less than 3 cm and not more than 5.1 cm in diameter; a rifle and bullets that are not full metal-jacketed that produce a muzzle velocity of not less than 1,800 feet per second and a muzzle energy of not less than 1,100 foot pounds; or a shotgun of not less than 20 gauge and rifled slugs. No person shall use a club or hakapik to strike a seal older than one year unless the seal has been shot with a firearm. Every person who strikes a seal with a club or hakapik shall strike the seal on the top of the cranium until it has been crushed and shall immediately palpate the cranium to confirm that it has been crushed. If a firearm is used to fish for a seal, the person who shoots the seal or retrieves it shall palpate the cranium as soon as possible after it is shot to confirm that the cranium has been crushed. Every person who palpates the cranium of a seal and determines that the cranium is not crushed shall immediately strike the seal with a club or hakapik on the top of its cranium until the cranium has been crushed. No person shall skin a seal until the cranium has been crushed and at least one minute has elapsed after the two axillary arteries of the seal located beneath its front flippers have been severed to bleed the seal. No person shall fish for adult harp or hooded seals in whelping or breeding patches. [Revoked, SOR/94-54, s. 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. 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 the period and geographical area for which the licence is being sought; the number of seal fishery observation licences previously issued for that period in that area; the number of seal hunters operating in that area; 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 any other relevant information. 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. to a person who is authorized to fish for seals under these Regulations; in respect of commercial flights that are operating on scheduled flight plans; in respect of commercial vessels that are in transit; 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 to a person who resides on land within one nautical mile of a person who is fishing for seals. Every person who fishes for seals for personal or commercial use shall land the pelt or the carcass of the seal. 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. 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. 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. 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. 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. 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. 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, 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.; 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; 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: 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: 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 could benefit marine mammals without jeopardizing the survival of the species in the wild; could improve a marine mammal’s immediate chance of survival; would contribute to the conservation and protection of marine mammals; could ease the pain and suffering of a marine mammal that is in distress; would contribute to marine scientific research; or 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. The authorization may be subject to any condition respecting the waters in which marine mammals may be disturbed; the marine mammals that may be disturbed; the period during which marine mammals may be disturbed; the type, size, number and identification of vehicles that are permitted to be used and the persons who are permitted to operate them; 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; 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; the diagnostic assessment or any other assessments that are to be carried out in respect of marine mammals before, during and after the disturbance; 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 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. 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 the date, time and location of the incident; the species of marine mammal involved in the incident; the circumstances of the incident; the size and type of vehicle and, if applicable, the type of fishing gear involved in the incident; the weather and sea conditions at the time of the incident; the observed state of the marine mammal after the incident; and the direction of travel of the marine mammal after the incident, to the extent that it can be determined. Delphinapterus leucas Balaena mysticetus Monodon monoceros Right whale Eubalaena glacialis Bearded Erignathus barbatus Grey Halichoerus grypus Harbour Phoca vitulina Harp Phoca groenlandica Hooded or Hood Cystophora cristata North Pacific fur Callorhinus ursinus Northern elephant Mirounga angustriostris Ringed or Jar Phoca hispida California sea lion Zalophus californianus Steller sea lion Eumetopias jubatus Pangnirtung: The waters enclosed by the coastline of Baffin Island and straight lines joining the following points, in the order in which they are listed: Iqaluit: Lake Harbour: Ungava Bay: The waters of Ungava Bay that are south of a straight line joining the southeast tip of Dry Bay at Latitude 60°25′00″ N., Longitude 69°44′00″ W., and the southwest tip of Polunin Inlet at Latitude 60°09′48″ N., Longitude 65°00′00″ W., and north of a straight line joining Point Tasker at Latitude 58°29′40″ N., Longitude 67°44′00″ W., and Cape Kernertut at Latitude 58°30′00″ N., Longitude 66°56′00″ W. Mucalic Estuary: The waters of Ungava Bay that are south of a straight line joining Point Tasker at Latitude 58°29′40″ N., Longitude 67°44′00″ W., and Cape Kernertut at Latitude 58°30′00″ N., Longitude 66°56′00″ W. Eastern Hudson Bay: The waters, other than those described in item 7, enclosed by the eastern shores of Hudson Bay and James Bay and straight lines joining the following points, in the order in which they are listed: Nastapoka Estuary: The waters of the Nastapoka Estuary that are east of straight lines joining the following points, in the order in which they are listed: Subject to item 3, that portion of the waters of the St. Lawrence Estuary described as follows: bordered on the north and south by the coast; bordered on the west by straight lines joining the following points in order of presentation: bordered on the east by straight lines joining the following points in order of presentation: excluding the waters bordered by the coast and straight lines joining the following points in order of presentation: Whale, dolphin and porpoise, if a threatened species or endangered species as defined in the Species at Risk Act: endangered species means a wildlife species that is facing imminent extirpation or extinction. (espèce en voie de disparition) threatened species means a wildlife species that is likely to become an endangered species if nothing is done to reverse the factors leading to its extirpation or extinction. (espèce menacée) That portion of the waters of the St. Lawrence Estuary including the waters of the St. Lawrence upstream of a line joining the following points in order of presentation: the waters of the Saguenay River upstream of a line joining the following points in order of presentation: That portion of the waters of the Churchill Estuary described as follows: bordered on the north by lat. 58°50′30″ N; bordered on the west by a line extending from a point situated at lat. 58°50′30″ N, long. 94°16′30″ W, south to the coast; bordered on the east by a line extending from a point situated at lat. 58°50′30″ N, long. 94°08′30″ W, south to the coast; including the waters of the Churchill River south to the weir (approximately lat. 58°40′45″ N). That portion of the waters of the Seal River from a central point situated at lat. 59°05′ N, long. 94°47′ W, described as follows: bordered on the north by a line 2 nautical miles (5 km) north of the central point and extending from the coast along lat. 59°07′ N to a point 2 nautical miles (5 km) offshore; bordered on the south by a line 2 nautical miles (5 km) south of the central point and extending from the coast along lat. 59°03′ N to a point 2 nautical miles (5 km) offshore; bordered on the east by a line joining points (a) and (b) ; including the waters of the Seal River.