Marine Mammal Regulations

7.2 (1) When an aircraft is being operated at an altitude of less than 304.8 m (1,000 ft.) within a radius of one-half nautical mile from a marine mammal, no person shall perform a flight manoeuvre — including taking off, landing or altering the course or altitude of the aircraft — for the purpose of bringing the aircraft closer to the marine mammal or otherwise disturbing it.

(2) Subsection (1) does not apply

• (a) to the holder of a licence that is issued under the Fishery (General) Regulations and that authorizes fishing for marine mammals for experimental, scientific, educational or public display purposes, when the holder is conducting activities authorized by the licence;

• (b) to employees of the Department who are performing their duties or functions or person who are assisting them or who are otherwise present at the request of the Department;

• (c) to employees of the Parks Canada Agency or the Department of National Defence, members of the Canadian Forces and peace officers, who are performing their duties or functions;

• (d) to a commercial flight that is operating on a scheduled flight plan; or

• (e) to a helicopter that is being used for seal pup observation on the ice of the waters of the Gulf of St. Lawrence, if it maintains a distance of at least two metres from the seal pups.

(3) Despite subsection (1), the holder of a seal fishery observation licence is permitted to take off or land an aircraft within a radius of one-half nautical mile from a marine mammal for the purpose of conducting activities authorized by the licence.