Gilbert Bay Marine Protected Area Regulations (SOR/2005-295)

Interpretation

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

  Area

  Area means the Gilbert Bay 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 includes 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 in Gilbert Bay comprised of the management zones described below — and depicted in the schedule — are together designated as the Gilbert Bay Marine Protected Area:

• (a) Zone 1A, consisting of waters lying generally northwest of a rhumb line connecting points at 52°38′56″N, 55°59′28″W and 52°37′43″N, 55°59′36″W, that are within an area of the sea bounded by the low-water line of the bay and by the rhumb line to its points of intersection with the low-water line;

• (b) Zone 1B, consisting of waters lying generally southwest of a rhumb line connecting points at 52°37′00″N, 55°58′07″W and 52°36′49″N, 55°57′45″W, that are within an area of the sea bounded by the low-water line of the bay and by the rhumb line to its points of intersection with the low-water line;

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

  • (i) a line connecting points at 52°38′56″N, 55°59′28″W and 52°37′43″N, 55°59′36″W,

  • (ii) a line connecting points at 52°37′00″N, 55°58′07″W and 52°36′49″N, 55°57′45″W, and

  • (iii) a line connecting points at 52°36′16″N, 55°52′19″W and 52°35′38″N, 55°52′20″W; and

• (d) Zone 3, consisting of waters that are within an area of the sea bounded by the low-water line of the bay and by the following rhumb lines to their respective points of intersection with the low-water line, namely,

  • (i) a line connecting points at 52°36′16″N, 55°52′19″W and 52°35′38″N, 55°52′20″W,

  • (ii) a line connecting points at 52°36′17″N, 55°48′59″W and 52°36′09″N, 55°48′59″W,

  • (iii) a line connecting points at 52°33′17″N, 55°46′27″W and 52°32′59″N, 55°46′58″W, and

  • (iv) a line connecting points at 52°33′25″N, 55°54′19″W and 52°33′01″N, 55°53′31″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) fishing for seals under the Marine Mammal Regulations and any related activity to which those Regulations apply when the fishing or the related activity is carried out in accordance with those Regulations,

  • (iii) any of the following recreational fishing activities carried out in accordance with the Atlantic Fishery Regulations, 1985 or the Newfoundland and Labrador Fishery Regulations, namely,

    • (A) in Zone 1A or 1B, angling for Arctic char, salmon or trout,

    • (B) in Zone 2, fishing for any species other than Atlantic cod, and

    • (C) in Zone 3, fishing for any species, and

  • (iv) commercial fishing in Zone 2 or 3, for any species other than Atlantic cod, that is carried out in accordance with the Atlantic Fishery Regulations, 1985 or the Newfoundland and Labrador Fishery Regulations;

• (b) any of the following activities — for which approval or authorization is not required under the Canadian Navigable Waters 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 1A or 1B, the maintenance, repair or removal of a wharf,

  • (ii) in Zone 2, the construction, maintenance, repair or removal of a wharf, and

  • (iii) in Zone 3, the construction, maintenance, repair or removal of a wharf, causeway or bridge; and

• (c) 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

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 1A or Zone 1B, 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 1A or 1B, 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.

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)

• SOR/2008-99, s. 31, err., Vol. 142, No. 10