Basin Head Marine Protected Area Regulations

SOR/2005-293OCEANS ACT
Registration 2005-09-26
Basin Head Marine Protected Area Regulations
P.C. 2005-1657 2005-09-26Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsection 35(3) of the Oceans ActFootnote a, hereby makes the annexed Basin Head Marine Protected Area Regulations.
Return to footnote aS.C. 1996, c. 31Interpretation

1 (1) The following definitions apply in these Regulations.

Area
Area means the Basin Head Marine Protected Area designated under section 2. (zone)
vessel
vessel has the same meaning as in section 2 of the Canada Shipping Act. (bâtiment)
waters
waters means, in addition to the waters, the seabed and subsoil below the waters to a depth of two metres. (eaux)

(2) In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North America Datum 1983 (NAD 83) geodetic reference system.
(3) In the schedule, the lines connecting the points are rhumb lines.

Designation

2 The areas of the sea at Basin Head comprised of the management zones described below — and depicted in the schedule — are together designated as the Basin Head Marine Protected Area:

(a) Zone 1, consisting of waters lying generally northeast of a rhumb line connecting points at 46°23′20″ N, 62°06′10″ W and 46°23′18″ N, 62°06′08″ W, that are within an area of the sea bounded by the low-water line of the harbour and by the rhumb line to its points of intersection with the low-water line;

(b) Zone 2, consisting of waters that are within an area of the sea bounded by the low-water line of the harbour and by the following rhumb lines to their respective points of intersection with the low-water line, namely,

(i) a line connecting points at 46°23′20″ N, 62°06′10″ W and 46°23′18″ N, 62°06′08″ W, and
(ii) a line connecting points at 46°22′39″ N, 62°06′29″ W and 46°22′40″ N, 62°06′29″ W; and

(c) Zone 3, consisting of waters that are within an area of the sea bounded by the low-water line of the Northumberland Straight and by the following rhumb lines, namely,

(i) to its points of intersection with the low-water line, a line connecting points at 46°22′39″ N, 62°06′29″ W and 46°22′40″ N, 62°06′29″ W,
(ii) to its point of intersection with the low-water line, a line connecting points at 46°23′51″ N, 62°04′30″ W and 46°22′55″ N, 62°04′02″ W,
(iii) a line connecting points at 46°22′55″ N, 62°04′02″ W and 46°21′07″ N, 62°07′36″ W, and
(iv) to its point of intersection with the low-water line, a line connecting points at 46°21′07″ N, 62°07′36″ W and 46°22′04″ N, 62°08′04″ W.

Prohibited Activities

3 (1) In the Area, no person shall

(a) disturb, damage or destroy, or remove from the Area, any living marine organism or any part of its habitat; or
(b) carry out any activity — including depositing, discharging or dumping any substance, or causing any substance to be deposited, discharged or dumped — that is likely to result in the disturbance, damage, destruction or removal of a living marine organism or any part of its habitat.

(2) Despite subsection (1), a person may carry out any activity excepted under section 4 or any scientific or educational activity for which a plan is approved under section 6.

Exceptions

4 The following activities may be carried out in the Area:

(a) the following fishing activities, namely,

(i) fishing that is carried out in accordance with the Aboriginal Communal Fishing Licences Regulations,
(ii) in Zone 2 or 3, any recreational fishing activity that is carried out in accordance with the Maritime Provinces Fishery Regulations or the Wildlife Conservation Act of Prince Edward Island, R.S.P.E.I. 1988, c. W-4.1, as amended from time to time, and
(iii) in Zone 2 or 3, any commercial fishing activity that is carried out in accordance with the Atlantic Fishery Regulations 1985,or the Maritime Provinces Fishery Regulations;

(b) in Zone 2, the operation of a motorized vessel south of a rhumb line connecting points at 46°22′56″ N, 62°06′39″ W and 46°22′56″ N and 62°06′34″ W solely for the purpose of transiting that area in order to launch the vessel from, or land it at, a boat launch;

(c) any of the following activities — for which approval or authorization is not required under the Navigable Waters Protection Act or the Fisheries Act, as the case may be, or that is carried out in accordance with an approval or authorization required under either of those Acts — namely,

(i) in Zone 2, the maintenance, repair or removal of a bridge, wharf or boat launch, and
(ii) in Zone 3, the maintenance, repair or removal of a bridge or wharf; and

(d) any activity that is carried out for the purpose of public safety, national defence, national security or law enforcement or in response to an emergency.

SOR/2008-99, s. 23(E).
Previous Version

Activity Plan

5 Every person who proposes to carry out a scientific or an educational activity in the Area shall submit to the Minister for approval, not less than 60 days before the day on which the activity is proposed to begin, a plan that contains the following information and documents:

(a) the name, address and telephone number and, if applicable, the facsimile number and electronic mail address of a person who can be contacted in respect of the plan;

(b) a detailed description of the proposed activity that sets out

(i) its purpose,
(ii) the period or periods during which it is to be carried out,
(iii) a map on which its location is identified,
(iv) the types of data that are to be collected, if any, and the sampling protocols or other techniques to be used to collect the data,
(v) the types of equipment, if any, that are to be used during the proposed activity, including those for gathering data and, if any of the equipment is to be anchored or moored in the Area, the methods by which the anchoring or mooring is to be conducted,
(vi) the type and identity of every vessel that is to be used to carry out the proposed activity, and
(vii) every substance, if any, that is to be deposited, discharged or dumped within the Area during the proposed activity;

(c) an assessment of the environmental effects that are likely to occur within the Area as a result of the proposed activity; and
(d) a list of every licence, permit, authorization or consent obtained or applied for in respect of the proposed activity.

6 (1) The Minister shall, within 30 days after the day on which a plan that is submitted in accordance with section 5 is received, approve the plan if the proposed activity is not likely to damage or destroy the habitat of a living marine organism in the Area and

(a) in the case of a scientific activity that is proposed to be carried out in Zone 1, the activity is for the purpose of managing the Area or monitoring the effectiveness of conservation measures implemented in the Area; and
(b) in the case of an educational activity that is proposed to be carried out in Zone 1, the activity is for the purpose of increasing public awareness of the Area or providing information in respect of the conservation measures implemented in the Area.

(2) Despite subsection (1), the Minister shall not approve a plan if the cumulative environmental effects of the proposed activity, in combination with any other past and current activities carried out within the Area, are likely to damage or destroy the habitat of living marine organisms in the Area.

SOR/2008-99, s. 24(E).
Previous Version

Reporting of Accidents

7 Every person involved in an accident that is likely to result in any disturbance, damage, destruction or removal prohibited under subsection 3(1) shall, within two hours after its occurrence, report the accident to the Canadian Coast Guard.

Coming into Force

8 These Regulations come into force on the day on which they are registered.

SCHEDULE/ANNEXE(Subsection 1(3) and section 2/paragraphe 1(3) et article 2)

BASIN HEAD MARINE PROTECTED AREA/ZONE DE PROTECTION MARINE DE BASIN HEAD