Marine Mammal Regulations

7 (1) No person shall disturb a marine mammal except

• (a) when carrying on a work, undertaking or activity that is authorized, otherwise permitted or required under the Act;

• (b) when fishing for marine mammals under the authority of these Regulations;

• (c) in the manner set out in a licence issued under the Fishery (General) Regulations authorizing them to fish for marine mammals for experimental, scientific, educational or public display purposes; or

• (d) in the manner authorized under the Species at Risk Act.

(2) For the purposes of subsection (1), disturb includes to approach the marine mammal to, or to attempt to,

• (a) feed it;

• (b) swim with it or interact with it;

• (c) move it or entice or cause it to move from the immediate vicinity in which it is found;

• (d) separate it from members of its group or go between it and a calf;

• (e) trap it or its group between a vessel and the shore or between a vessel and one or more other vessels; or

• (f) tag or mark it.

(3) For the purposes of subsection (1), in the case of a marine mammal that is of a species set out in column 1 of Schedule VI, disturb also includes to approach the marine mammal with a vehicle of the type set out in column 2 within the approach distance set out in column 3 in the area set out in column 4 during the period set out in column 5.

(4) For the purposes of subsection (1), in the case of a whale, dolphin or porpoise in resting position or with its calf, disturb also includes to approach the whale, dolphin or porpoise with a vehicle of the type set out in column 2 of Schedule VI, at an approach distance of less than 200 m in all Canadian fisheries waters from January 1 to December 31.

(5) The requirement to respect the approach distances set out in Schedule VI and in subsection (4) does not apply to

• (a) a vessel that is in transit; or

• (b) the holder of a seal fishery observation licence who is observing the seal fishery.