Endeavour Hydrothermal Vents Marine Protected Area Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2003-87/FullText.html

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Endeavour Hydrothermal Vents Marine Protected Area Regulations

SOR/2003-87OCEANS ACT
Registration 2003-03-04
Endeavour Hydrothermal Vents Marine Protected Area Regulations
P.C. 2003-283 2003-03-04Her 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 Endeavour Hydrothermal Vents Marine Protected Area Regulations.
Return to footnote aS.C. 1996, c. 31Designation

1 The area of the Pacific Ocean — the seabed, the subsoil and the waters superjacent to the seabed — that is bounded by a line drawn from a point at 47°54′N, 129°02′W, from there west to a point at 47°54′N, 129°08′W, from there north to a point at 48°01′N, 129°08′W, from there east to a point at 48°01′N, 129°02′W, and from there south to the point of beginning, is hereby designated as a marine protected area to be known as the Endeavour Hydrothermal Vents Marine Protected Area (the Area). In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North America Datum 1983 (NAD83) geodetic reference system.
SOR/2011-39, s. 24.
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Prohibitions

2 No person shall

(a) disturb, damage or destroy, in the Area, or remove from the Area, any part of the seabed, including a venting structure, or any part of the subsoil, or any living marine organism or any part of its habitat; or
(b) carry out any underwater activity in the Area that is likely to result in the disturbance, damage, destruction or removal of anything referred to in paragraph (a).

3 (1) No person contravenes section 2 if

(a) the disturbance, damage, destruction or removal is for scientific research for the conservation, protection and understanding of the Area;
(b) subject to subsection (3), a research plan described in subsection (2) is submitted to the Minister at least 90 days before the start of the scientific research in the Area; and
(c) all licences, authorizations or consents required under the Oceans Act, the Coastal Fisheries Protection Act, the Coasting Trade Act or the Fisheries Act in respect of the scientific research have been obtained.

(2) A research plan shall include the following information:

(a) the name, nationality, overall length, maximum draught, net tonnage, propulsion type, call sign, registration number and port number of each ship to be involved in the scientific research in the Area, and the name of the captain of each ship;
(b) the names and positions of the persons who are responsible for the development of the scientific research, and the scientific research personnel who will be on board each ship;
(c) the date on which the scientific research in the Area is to start, and the itinerary for each ship while it is involved in the research; and

(d) a summary of the scientific research to be conducted in the Area, together with a detailed map of the research area, which summary shall specify

(i) the data to be collected and sampling protocols to be used,
(ii) the other techniques, if any, to be used, such as those involving explosives, radioactive labelling or remotely operated vehicles,
(iii) the equipment to be moored and the method of mooring, and
(iv) the substances, if any, that are intended to be discharged.

(3) A research plan is not required to be submitted under paragraph (1)(b) if the information required under subsection (2) has previously been submitted in writing to obtain a consent under the Coasting Trade Act to conduct the scientific research.
(4) A person who submits a research plan shall immediately notify the Minister in writing of any subsequent changes to the plan.

SOR/2008-99, s. 15(F).
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4 No person contravenes section 2 by carrying out an activity in the Area

(a) by means or under conditions that are authorized under subsection 35(2) of the Fisheries Act;
(b) for which they have a consent under the Coasting Trade Act; or
(c) for which they have a licence or authorization under the Oceans Act, the Coastal Fisheries Protection Act or a provision of the Fisheries Act other than subsection 35(2).

5 No person contravenes section 2 by carrying out any movement or other activity of ships or submarines if

(a) the movement or other activity is carried out for the purpose of public safety, law enforcement, or Canadian sovereignty or national security; and
(b) the ships or submarines, as the case may be, are owned or operated by or on behalf of Her Majesty in right of Canada or by foreign military forces acting in cooperation with, or under the command or control of, the Canadian Forces.

SOR/2008-99, s. 16(F).
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Coming into Force

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