SOR/2017-1520172
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OCEANS ACTHecate Strait and Queen Charlotte Sound Glass Sponge Reefs Marine Protected Areas RegulationsP.C.2017-11020172
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His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsection 35(3) of the Oceans Acta, makes the annexed Hecate Strait and Queen Charlotte Sound Glass Sponge Reefs Marine Protected Areas Regulations.S.C. 1996, c. 31Interpretation
DefinitionsThe following definitions apply in these Regulations.glass sponge reefs means the glass sponge reefs that lie within the Marine Protected Areas. (récifs d’éponges siliceuses)Marine Protected Areas means the areas of the sea that are designated by section 2. (zones de protection marine)Geographical coordinatesIn the Schedules, all geographical coordinates (latitude and longitude) are expressed in the North America Datum 1983 (NAD 83) reference system.
Designation
Marine Protected AreasThe following areas of the sea are designated as the Hecate Strait and Queen Charlotte Sound Glass Sponge Reefs Marine Protected Areas:the Northern Reef Marine Protected Area, depicted in Schedule 1 and bounded by a series of rhumb lines drawn from points A to L, the coordinates of which are set out in that Schedule, and then back to point A;the Central Reefs Marine Protected Area, depicted in Schedule 1 and bounded by a series of rhumb lines drawn from points M to Y, the coordinates of which are set out in that Schedule, and then back to point M; andthe Southern Reef Marine Protected Area, depicted in Schedule 1 and bounded by a series of rhumb lines drawn from points Z to EE, the coordinates of which are set out in that Schedule, and then back to point Z.Seabed, subsoil and water columnEach Marine Protected Area consists of the seabed, the subsoil to a depth of 20 m and the water column above the seabed.
Marine Protected AreasNorthern Reef Marine Protected Area
Northern Reef Marine Protected AreaThe Northern Reef Marine Protected Area consists of a core protection zone, a vertical adaptive management zone and an adaptive management zone.Core protection zoneThe core protection zone consists of the seabed, the subsoil to a depth of 20 m and the water column above the seabed to a depth of 100 m below the sea surface. The boundaries of the core protection zone are represented by a series of rhumb lines drawn from points 1 to 12, the coordinates of which are set out in Schedule 2, and then back to point 1.Vertical adaptive management zoneThe vertical adaptive management zone consists of the water column that extends above the core protection zone to the sea surface.Adaptive management zoneThe adaptive management zone consists of the seabed, subsoil and waters of the Northern Reef Marine Protected Area that are not part of the core protection zone or the vertical adaptive management zone.
Central Reefs Marine Protected Area
Central Reefs Marine Protected AreaThe Central Reefs Marine Protected Area is composed of two core protection zones (Zone A and Zone B), two vertical adaptive management zones and an adaptive management zone.Core protection zone (Zone A)Zone A consists of the seabed, the subsoil to a depth of 20 m and the water column above the seabed to a depth of 120 m below the sea surface. The boundaries of Zone A are represented by a series of rhumb lines drawn from points 13 to 23, the coordinates of which are set out in Schedule 3, and then back to point 13.Core protection zone (Zone B)Zone B consists of the seabed, the subsoil to a depth of 20 m and the water column above the seabed to a depth of 120 m below the sea surface. The boundaries of Zone B are represented by a series of rhumb lines drawn from points 24 to 32, the coordinates of which are set out in Schedule 3, and then back to point 24.Vertical adaptive management zonesThe vertical adaptive management zones consist of the water columns that extend above Zone A and Zone B to the sea surface.Adaptive management zoneThe adaptive management zone consists of the seabed, subsoil and waters of the Central Reefs Marine Protected Area that are not part of the core protection zones or the vertical adaptive management zones.
Southern Reef Marine Protected Area
Southern Reef Marine Protected AreaThe Southern Reef Marine Protected Area is composed of a core protection zone, a vertical adaptive management zone and an adaptive management zone.Core protection zoneThe core protection zone consists of the seabed, the subsoil to a depth of 20 m and the water column above the seabed to a depth of 146 m below the sea surface. The boundaries of the core protection zone are represented by a series of rhumb lines drawn from points 33 to 39, the coordinates of which are set out in Schedule 4, and then back to point 33.Vertical adaptive management zoneThe vertical adaptive management zone consists of the water column that extends above the core protection zone to the sea surface.Adaptive management zoneThe adaptive management zone consists of the seabed, subsoil and waters of the Southern Reef Marine Protected Area that are not part of the core protection zone or the vertical adaptive management zone.
Prohibited Activities
ProhibitionIt is prohibited in the Marine Protected Areas tocarry out any activity that disturbs, damages, destroys or removes any living marine organism or any part of its habitat or is likely to do so; orcarry out any scientific research or monitoring, or any educational activity, unless it is part of an activity plan that has been approved by the Minister.
Exceptions
Permitted activitiesDespite paragraph 6(a), the following activities may be carried out in the Marine Protected Areas:fishing in the adaptive management and vertical adaptive management zones ifthe fishing is not likely to result in the damage, destruction or removal of any part of the glass sponge reefs,the fishing is carried out in accordance with the Fisheries Act and its regulations,the fishing is carried out in accordance with the Coastal Fisheries Protection Act and its regulations,in the case of commercial fishing in a vertical adaptive management zone, the fishing is carried out by means of midwater trawl, midwater hook and line, troll, seine or gillnet and the gear does not enter a core protection zone, andin the case of recreational fishing in a vertical adaptive management zone, the fishing is carried out by means of midwater hook and line and the gear does not enter a core protection zone;navigation of vessels in the adaptive management and vertical adaptive management zones that is carried outin accordance with the Canada Shipping Act, 2001 and its regulations, andwithout any anchor entering a core protection zone;the laying, maintenance or repair of cables in the adaptive management zones if the laying, maintenance or repair is not likely to result in the damage, destruction or removal of any part of the glass sponge reefs;any activity that is carried out for the purpose of public safety, national defence, national security, law enforcement or responding to an emergency; andany activity that is part of an activity plan that has been approved by the Minister.
Activity Plan
Submission of activity planAny person may submit to the Minister an activity plan for the carrying out of scientific research or monitoring, or educational activities, in the Marine Protected Areas.Activity planThe activity plan must containthe person’s name, address, telephone number and email address;if the plan is submitted by an institution or organization, the name of the individual who will be responsible for the proposed activity and their title, address, telephone number and email address;the name of each vessel that the person proposes to use to carry out the activity, its state of registration and registration number, its radio call sign and the name and address of its owner, master and any operator;the proposed dates of the vessel’s first entry into and final exit from the Marine Protected Areas, and any proposed alternative dates;the geographic coordinates of the site of the proposed activity and a map that shows the location of the activity within the boundaries of the Marine Protected Areas;a list of any substances that may be deposited during the proposed activity in the Marine Protected Areas — other than substances that are authorized by the Canada Shipping Act, 2001 and its regulations to be deposited in the navigation of a vessel — and the quantity and concentration of each substance;a detailed description of the proposed activity and its purpose;a general description of any study, report or other work that is anticipated to result from the proposed activity, and its anticipated date of completion;a description of any scientific research or monitoring, or educational activities, that the person has previously carried out in the Marine Protected Areas or anticipates carrying out in those areas in the future; anda description of any measures to be taken to monitor, avoid, minimize or mitigate any environmental effects of the proposed activity.
Approval of activity plansThe Minister must approve an activity plan ifthe scientific research or monitoring activities set out in the plan are not likely to adversely impact the biological, chemical or oceanographic processes that maintain or enhance the biodiversity, structural habitat or ecosystem function of the glass sponge reefs and will serve toincrease knowledge of the biodiversity, structural habitat or ecosystem function of the Marine Protected Areas,assist in the management of the Marine Protected Areas, orassist in the evaluation of the effectiveness of any measures taken to conserve and protect the Marine Protected Areas; andthe educational activities set out in the plan are not likely to result in the damage, destruction or removal of any part of the glass sponge reefs and will serve to increase public awareness of the Marine Protected Areas.Approval prohibitedDespite subsection (1), the Minister must not approve an activity plan ifany substance that may be deposited during the proposed activity is a deleterious substance as defined in subsection 34(1) of the Fisheries Act, unless the deposit of the substance is authorized under subsection 36(4) of that Act;the cumulative environmental effects of the proposed activity, in combination with any other past and current activities carried out in the Marine Protected Areas, are likely to adversely impact the biological, chemical or oceanographic processes that maintain or enhance the biodiversity, structural habitat or ecosystem function of the glass sponge reefs; orany educational activity within a core protection zone is proposed.Timeline for approvalThe Minister’s decision in respect of an activity plan must be made within60 days after the day on which the activity plan is received; orif amendments to the plan are made, 60 days after the day on which the amended plan is received.
Studies, reports or other workIf an activity plan has been approved by the Minister, the person who submitted the plan must provide the Minister with a copy of any study, report or other work that results from the activity and that is related to the conservation and protection of the Marine Protected Areas.DataThe study, report or other work must be accompanied by the data that was obtained during the activity.DeadlineThe study, report or other work, together with the data, must be provided to the Minister within 90 days after the day on which the study, report or other work is completed.DataIf the study, report or other work is not completed within a period of three years after the last day of the scientific research or monitoring activity or educational activity, the person must submit the data that was obtained during the activity to the Minister within 90 days after that period.
Coming into force
RegistrationThese Regulations come into force on the day on which they are registered.
(Section 2)Hecate Strait and Queen Charlotte Sound Glass Sponge Reefs Marine Protected AreasSchedule 1 is a map depicting the location of the three Marine Protected Areas within Hecate Strait and Queen Charlotte Sound. The Schedule also includes three tables setting out the geographic coordinates of the Marine Protected Areas.(Subsection 3(2))Northern Reef Marine Protected AreaSchedule 2 is a map depicting the Northern Reef Marine Protected Area as a Core Protection Zone surrounded by an Adaptive Management Zone. The Schedule also includes a table setting out the geographic coordinates of the Core Protection Zone.(Subsections 4(2) and (3))Central Reefs Marine Protected AreaSchedule 3 is a map depicting the Central Reefs Marine Protected Area as two Core Protection Zones surrounded by an Adaptive Management Zone. The Schedule also includes two tables setting out the geographic coordinates of the Core Protection Zones.(Subsection 5(2))Southern Reef Marine Protected AreaSchedule 4 is a map depicting the Southern Reef Marine Protected Area as a Core Protection Zone surrounded by an Adaptive Management Zone. The schedule also includes a table setting out the geographic coordinates of the Core Protection Zone.