Eastport Marine Protected Areas Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-294/FullText.html

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Eastport Marine Protected Areas Regulations

SOR/2005-294OCEANS ACT
Registration 2005-09-26
Eastport Marine Protected Areas Regulations
P.C. 2005-1658 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 Eastport Marine Protected Areas Regulations.
Return to footnote aS.C. 1996, c. 31Interpretation

1 (1) In these Regulations, “waters” includes the seabed and subsoil below the waters to a depth of two metres.
(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 Schedule 1, the lines connecting the points are rhumb lines.

SOR/2008-99, s. 25.
Previous Version

Application

2 These Regulations apply to the marine protected areas designated in section 3.

Designation

3 The following areas of the sea in Bonavista Bay are designated as marine protected areas:

(a) those waters within an area of the sea — depicted in Schedule 1 and to be known as the Eastport — Duck Island Marine Protected Area — whose outer limit is a series of rhumb lines commencing at a point 48°45′06N, 53°41′18 W, then to a point 48°44′30N, 53°40′42 W, then to a point 48°43′54N, 53°41′18 W, then to a point 48°44′30N, 53°42′06 W and then to the point of commencement and whose inner limit is the low-water line of the islands within the outer limit; and
(b) those waters within an area of the sea — depicted in Schedule 2 and to be known as the Eastport — Round Island Marine Protected Area — whose outer limit is a line every point of which is at a distance of 198.12 m (650 feet) from the nearest point of the low-water line of Round Island and whose inner limit is the low-water line of the island.

Prohibited Activities

4 (1) In a marine protected area, no person shall

(a) disturb, damage or destroy, or remove from the marine protected 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 5 or any scientific or educational activity for which a plan is approved under section 7.

Exceptions

5 The following activities may be carried out in a marine protected area:

(a) fishing that is carried out in accordance with the Aboriginal Communal Fishing Licences Regulations; and
(b) 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.

Activity Plan

6 Every person who proposes to carry out a scientific or an educational activity in a marine protected 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 marine protected area, the methods by which the anchoring or mooring is to be conducted,
(vi) the type and identity of every vessel, within the meaning of section 2 of the Canada Shipping Act, 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 marine protected area during the proposed activity;

(c) an assessment of the environmental effects that are likely to occur within the marine protected 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.

7 (1) The Minister shall, within 30 days after the day on which a plan that is submitted in accordance with section 6 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 marine protected area and

(a) in the case of a scientific activity that is proposed to be carried out in the Area, 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, the proposed activity is to be carried out for the purpose of increasing public awareness of the marine protected area or providing information in respect of the conservation measures implemented in that 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 marine protected area are likely to damage or destroy the habitat of living marine organisms in that area.

SOR/2008-99, s. 26(E).
Previous Version

Reporting of Accidents

8 Every person involved in an accident that is likely to result in any disturbance, damage, destruction or removal prohibited under subsection 4(1) shall, within two hours after its occurrence, report the accident to the Canadian Coast Guard.

Coming into Force

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

SCHEDULE 1/ANNEXE 1(Subsection 1(3) and paragraph 3(a)/paragraphe 1(3) et alinéa 3a))

EASTPORT — DUCK ISLAND MARINE PROTECTED AREA/ZONE DE PROTECTION MARINE D’EASTPORT — ÎLE DUCK

SCHEDULE 2/ANNEXE 2(Paragraph 3(b)/alinéa 3b))

EASTPORT — ROUND ISLAND MARINE PROTECTED AREA/ZONE DE PROTECTION MARINE D’EASTPORT — ÎLE ROUND