Gully Marine Protected Area Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2004-112/FullText.html

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Gully Marine Protected Area Regulations

SOR/2004-112OCEANS ACT
Registration 2004-05-07
Gully Marine Protected Area Regulations
P.C. 2004-606 2004-05-07Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsection 35(3) and section 52.1 of the Oceans ActFootnote a, hereby makes the annexed Gully Marine Protected Area Regulations.
Return to footnote aS. C. 1996, c. 31Interpretation

1 (1) In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North America Datum 1983 (NAD83) geodetic reference system .
(2) In Schedules 1 and 2, the lines connecting the points are rhumb lines.

Designation

2 The area of the Atlantic Ocean depicted in Schedule 1 — consisting of the seabed, the subsoil to a depth of 15 m and the water column above the seabed — that is bounded by a rhumb line drawn from a point 44°13′N, 59°06′W to a point 43°47′N, 58°35′W, then to a point 43°35′N, 58°35′W, then to a point 43°35′N, 59°08′W, then to a point 43°55′N, 59°08′W, then to a point 44°06′N, 59°20′W (which points are shown as points 1 to 6, respectively, in Schedule 1), and back to the point of origin, is hereby designated as a marine protected area to be known as the Gully Marine Protected Area.

Management Zones

3 The Gully Marine Protected Area consists of the following management zones:

(a) Zone 1, as depicted in Schedule 2;
(b) Zone 2, as depicted in Schedule 2, consisting of the area surrounding Zone 1,
(c) Zone 3, as depicted in Schedule 2, consisting of the Gully Marine Protected Area, other than Zones 1 and 2.

SOR/2008-99, s. 17(F).
Previous Version

Prohibited Activities

4 Subject to sections 8 to 10, no person shall

(a) disturb, damage or destroy in the Gully Marine Protected Area, or remove from it, any living marine organism or any part of its habitat;
(b) disturb, damage or destroy in the Gully Marine Protected Area, or remove from it, any part of the seabed, including the subsoil to a depth of 15 m of the seabed; or
(c) carry out any activity — including depositing, discharging or dumping any substance, or causing any substance to be deposited, discharged or dumped — in the Gully Marine Protected Area or in the vicinity of that Area that is likely to result in the disturbance, damage, destruction or removal of anything referred to in paragraph (a) or (b).

SOR/2008-99, s. 18.
Previous Version

Plan to Be Submitted

5 Subject to sections 10 and 11, every person who proposes to carry out an activity in the Gully Marine Protected Area must submit to the Minister for approval, not less than 60 days before beginning the proposed activity, a plan that indicates the management zone in which the activity is proposed to be carried out and includes

(a) a statement of the purpose of the activity;
(b) a detailed description of the activity;
(c) the identity of every ship and aircraft proposed to be used during or in connection with the activity;
(d) the proposed period or periods during which the activity will take place;
(e) the location of the activity, expressed in latitude and longitude;
(f) two copies of all plans and specifications relating to the activity;
(g) two copies of a report assessing the environmental impact of the activity on the Gully Marine Protected Area, including a consideration of any cumulative environmental effects that are likely to result from the activity in combination with any other past and current activities undertaken in or affecting that Area and any other anticipated activities that may be undertaken in or may affect that Area;
(h) a list of every licence, permit, authorization or consent obtained or applied for in respect of the activity; and
(i) the name, address and telephone number and, if applicable, the facsimile number and electronic mail address of the contact person.

SOR/2008-99, s. 19.
Previous Version

6 (1) Subject to subsection (2), the Minister shall, within 30 days after receiving a plan submitted in accordance with section 5, approve the plan, subject to the following conditions, as applicable:

(a) in the case of scientific research or monitoring activities in Zone 1, the activities

(i) are to be carried out for the purpose of

(A) managing the Gully Marine Protected Area or monitoring the effectiveness of the conservation measures being implemented in that Area, or
(B) investigating incidents that may have an environmental impact on the Gully Marine Protected Area, or

(ii) are to be carried out for a purpose other than the purposes referred to in subparagraph (i) and will not result in any damage or destruction referred to in section 4 in Zone 1 or 2;

(b) in the case of scientific research or monitoring activities in Zone 2 or 3, the activities

(i) are to be carried out for the purpose of

(A) managing the Gully Marine Protected Area or monitoring the effectiveness of the conservation measures being implemented in that Area, or
(B) investigating incidents that may have an environmental impact on the Gully Marine Protected Area, or

(ii) are to be carried out for a purpose other than the purposes referred to in subparagraph (i) and

(A) will not result in any damage or destruction referred to in section 4 in Zone 1 or 2, and
(B) will not result in any damage or destruction referred to in section 4 in Zone 3 or will only result in damage or destruction referred to in section 4 in Zone 3 that is within the natural variation of the ecosystem in which that Zone is located; and

(c) in the case of any other activity in the Gully Marine Protected Area, the activity

(i) will be limited to Zone 3,
(ii) will not result in any disturbance, damage, destruction or removal referred to in section 4 in Zone 1 or 2, and
(iii) will not result in any disturbance, damage, destruction or removal referred to in section 4 in Zone 3 or will only result in disturbance, damage, destruction or removal referred to in section 4 in Zone 3 that is within the natural variation of the ecosystem in which that Zone is located.

(2) The Minister shall not approve the plan referred to in subsection (1) if the cumulative environmental effects of the proposed activity, in combination with any other past and current activities undertaken in or affecting the Gully Marine Protected Area and any other anticipated activities that may be undertaken in or may affect that Area, are likely to result in disturbance, damage, destruction or removal that exceeds the parameters described in the conditions set out in paragraph (1)(a), (b) or (c), as applicable.

SOR/2008-99, s. 20.
Previous Version

Accidents to Be Reported

7 Any person involved in an accident that is likely to result in any disturbance, damage, destruction or removal prohibited under section 4 shall, within two hours after its occurrence, report the accident to the Canadian Coast Guard.
SOR/2008-99, s. 21.
Previous Version

Exceptions

8 Living marine organisms may be removed from Zone 2 or 3 if they are removed by the holder of a valid commercial fishing licence issued under subsection 7(1) of the Fisheries Act in the following circumstances:

(a) the licence is for swordfish, tuna or shark and the holder of the licence, when fishing for a species of fish authorized by the licence, complies with the terms and conditions of the licence;
(b) the licence is for groundfish and the holder of the licence, when fishing for halibut, complies with the terms and conditions of the licence; or

(c) the licence is a valid commercial fishing licence, other than a licence referred to in paragraph (a) or (b), and the holder of the licence, when fishing for a species of fish authorized by the licence,

(i) complies with the terms and conditions of the licence,
(ii) does not cause any damage or destruction referred to in section 4 in Zone 2,
(iii) causes only damage or destruction referred to in section 4 in Zone 3 that is within the natural variation of the ecosystem in which that Zone is located, and
(iv) removes living marine organisms from Zone 2 or 3 only to an extent that is within the natural variation of the ecosystem in which Zone 2 or 3, as the case may be, is located.

9 Paragraph 4(c) does not apply in respect of an activity carried out in the vicinity of the Gully Marine Protected Area if the disturbance, damage, destruction or removal referred to in that paragraph

(a) is limited to Zone 3; and
(b) is within the natural variation of the ecosystem in which Zone 3 is located.

SOR/2008-99, s. 22.
Previous Version

10 Sections 4 and 5 do not apply in respect of any movement or other activity of a ship, submarine or aircraft if the movement or other activity is carried out for the purpose of public safety, law enforcement or national security or for the exercise of Canadian sovereignty and

(a) the ship, submarine or aircraft is owned or operated by or on behalf of Her Majesty or by a foreign military force acting in cooperation with, or under the command or control of, the Canadian Forces; or
(b) the movement or other activity is carried out for the purpose of an emergency response under the direction, command or control of the Canadian Coast Guard.

11 Section 5 does not apply in respect of

(a) fishing activities carried out in Zone 2 or 3 by the holder of a valid commercial fishing licence, issued under subsection 7(1) of the Fisheries Act, if the activities are carried out in a manner that complies with the terms and conditions of the licence;
(b) marine scientific research activities that are carried out or sponsored by a foreign government in the Gully Marine Protected Area and in respect of which that government has received the consent of the Minister of Foreign Affairs under paragraph 3(2)(c) of the Coasting Trade Act, if the activities are carried out in a manner that complies with the terms and conditions of the consent; or
(c) the activities of a ship that is exercising international navigational rights in the Gully Marine Protected Area and is not contravening the Canada Shipping Act or any requirements of the International Maritime Organization.

Coming into Force

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

SCHEDULE 1/ANNEXE 1(Section 2/article 2)

GULLY MARINE PROTECTED AREA/ZONE DE PROTECTION MARINE DU GULLY

SCHEDULE 2/ANNEXE 2(Section 3/article 3)

MANAGEMENT ZONES/ZONES DE GESTION